Proposed SIP 

Requirements Rule for 

the 2008 Ozone NAAQS

Webinar NTAA & EPA Air Policy 

Call

June 27, 2013
Anticipated Timeline

• Proposal signed by Administrator: May 29, 2013

– Posted to the EPA web page same day

• Published in the Federal Register June 6, 2013 

– (78 FR 34178)

• Public comment period began June 6, 2013

– Public hearing in Washington, DC on June 25, 2013

– 60-day public comment period ends August 5, 2013

• Anticipated final rule in early 2014

2
Purposes of the Rulemaking

• To provide states with clear rules and guidance for 

meeting the 2008 ozone NAAQS in designated 

nonattainment areas.

• To translate ozone implementation requirements 

contained in the 1990 Clean Air Act Amendments 

(written specific for the 1-hour standard) into 

meaningful requirements for the 2008 8-hour ozone 

NAAQS.

• To revoke the 1997 8-hour ozone NAAQS and 

establish in order to provide additional flexibility to 

areas still working to complete the control 

requirements of that NAAQS.

3
Preamble Outline of SIP Requirements 

Rule

A. Nonattainment area SIP deadlines

B. Modeling and attainment 

demonstration requirements

C. RFP requirements

D. RACM and RACT requirements

E. Vehicle I/M

F. Transportation conformity

G. General conformity

H. Contingency measures

I. NSR

J. Emission inventory and emission 

statement requirements

K. Ambient monitoring requirements

L. 1-year attainment deadline extensions

M. Transport of ground-level ozone for 

rural nonattainment areas, multi-state 

nonattainment areas, and international 

transport

N. Section 182(f) NOx provisions

O. Emissions benefits of energy 

efficiency/renewable energy programs, 

land use planning, and travel efficiency

P. Multi-pollutant approach to developing 

SIPs

Q. Tribes

R. Ozone Transport Regions (OTRs)

S. Additional requirements related to 

enforcement and compliance

T. Emergency episodes

U. Clean Data Policy

V. Assistance

W. Section 185 penalty fee provision for 

Severe and Extreme areas

4
Summary of Key Proposals

• SIP submittals for Moderate and above areas

– The emissions inventory, emissions statement, RACT SIP, 

RFP SIP, attainment plan, and attainment demonstration 

are due at either 30 months after designation or per regular 

CAA schedule.

• Serious and higher areas have 4 years to develop 

RFP and attainment demonstration material.

• SIP Deadline for Severe/Extreme Areas Penalty Fee 

Program SIPs (§185).

– 10-years from effective date of designations (July 20, 2022). 

• All RACT controls must be implemented by January 

1, 2017.

– This is roughly equivalent to 541⁄2 months from the effective 

date of designations.

5
Summary of Key RFP Proposals

• NOx substitution in RFP plans

– Proposing to allow all areas to substitute NOx for VOC to 

achieve 15% inventory reduction in the first 6 years after 

designation.

• State can choose a base year for RFP calculations that 

pre-dates 2011

– Allows area that achieved early reductions in 2008 when the 

standard was set to take credit for those reductions in the RFP 

plans.

– In exchange for this flexibility, areas need to provide an 

additional 3% per year RFP for each year that is prior to 2011 

(e.g., 2008 baseline year would require 15% + 3x3% = 24% 

reduction for years 2009 through 2017).

• RFP credit for reductions only from within the same 

nonattainment area. 

– Proposing not to allow “out of area” credit for 2008 NAAQS.

6
Tribal Obligations

• Tribal Authority Rule gives tribes the option of 

developing a Tribal Implementation Plan (TIP)

– EPA has the ultimate responsibility to implement CAA 

programs in Indian Country as necessary/appropriate.

• We encourage states and tribes to coordinate 

planning

– States are obligated to notify tribes in advance of 

public hearings.

– Recommend sharing modeling results.

7
Anti-Backsliding Requirements 

for 1-hour and 1997 Ozone 

NAAQS Nonattainment Areas
Anti-backsliding

• Proposing revocation of the 1997 ozone NAAQS on the date the 

final SIP Requirements Rule is published in the Federal Register.

• Areas still designated nonattainment for the 1997 or 1-hour NAAQS 

on that date will be subject to anti-backsliding requirements.

• Proposed anti-backsliding requirements reflect D.C. Circuit 

decisions on anti-backsliding and would codify approaches we use 

now in implementing 1-hour NAAQS anti-backsliding.

– Section 185 fee programs, contingency measures for failure to make 

RFP or attain, and nonattainment NSR are “applicable requirements” 

that, in accordance with court decisions, continue to apply after 1997 

ozone NAAQS is revoked.

– Two valid paths to fulfilling anti-backsliding requirements (more detail on 

next slide).

• For 2008 NAAQS nonattainment areas with unmet SIP obligations 

for the 1997 NAAQS, we encourage states to develop 2008 NAAQS 

SIPs that achieve goals of both 1997 and 2008 ozone NAAQS.

9
QUESTIONS?

10
Area Designations for 2008 Ozone NAAQS

(Effective July 20, 2012)

St. Louis

Sheboygan

Chicago

Dallas

Upper Green 

River Basin

Uintah Basin

Denver

Houston

Memphis

Baton Rouge

Atlanta

Cincinnati

Knoxville Charlotte

Columbus

Cleveland

Jamestown

Pittsburgh

Washington 

DC/VA

Baltimore

Seaford DE

New York

Philadelphia

Greater 

Connecticut

Allentown Dukes MA

Lancaster

Reading

Phoenix San Diego

Calaveras Co

San Luis Obispo

Tuscan Buttes

Ventura Co

Morongo Tribe

Pechanga Tribe

Chico

Mariposa Co

San Francisco

Sacramento

San Joaquin 

Valley

Riverside Co

Nevada Co

LA-South Coast

West Mojave

E. Kern Co

Imperial Co

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Morongo Tribe

Pechanga Tribe

X

NONATTAINMENT AREAS FOR 2008 OZONE NAAQS BY CLASSIFICATION

(EFFECTIVE JULY 20, 2012)