# 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?

10Area Designations for 2008 Ozone NAAQS (Effective July 20, 2012)

St. Louis S heboygan

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

1112 Morongo Tribe

Pechanga Tribe X N ONATTAINMENT A REAS FOR 2008 O ZONE NAAQS BY C LASSIFICATION

(E FFECTIVE J ULY 20, 2012)