RESEARCH TRIANGLE PARK, NC 27711

Internet Address (URL) http://www.epa.gov Recycled/Recyclable Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25% Postconsumer ) November 30, 1999

MEMORANDUM SUBJECT: Guidance on the Reasonably Available Control Measures (RACM) Requirement and Attainment Dem onstration Submissions for Ozone Nonattainment Areas FROM: John S. Seitz, Director Office of Air Quality Planning and Standards TO: Regional Air Division Directors Regions I–X Attached is guidance that clarifies EPA's policy on what constitutes "as expeditiously as practicable" for the purposes of attaining the national ambient air quality standards (NAAQS) for ozone nonattainment areas. The guidance contains in formation on EPA's determination of whether a State's submission provides for all RACM needed for attainment and whether implementation of those measures occurs as expeditiously as practicable. Th is guidance should be used by ozone nonattainment areas that are subject to the Clean Air Act requireme nt to submit an attainment demonstration and to submit RACM. If you have any questions on this guidance, please contact Sharon Reinders at (919) 541-5284.

Attachment cc: Bill Becker, STAPPAIALAPCOAttachment Guidance on the Reasonably Available Control Measures

(RACM) Requirement and Attainment Demonstration Submissions for Ozone Nonattainment Areas

Preface The purpose of this guidance is to set forth EP A's current interpretation of the relationship of the "as expeditiously as practicable" requirement a nd the attainment demonstration requirement for ozone nonattainment areas. While EPA intends to proceed under the guidance that it is setting out today, the EPA will finalize this interpretation onl y when it applies in the appropriate context of individual rulemakings addressing specific attainme nt demonstrations for ozone nonattainment areas. At that time and in that context, judicial review of the EPA's interpretation would be available. Background Sections 172(a)(2)(A) and 18 1 (a) of the Act require ozone nonattainment areas for to attain the ozone NAAQS as expeditiously as practicable a nd provide outer-limit dates for attainment based on an area's classification. Furthermore, section 172(c)(l), provides for "the implementation of all reasonably available control measures as expeditious ly as practicable." This policy addresses how EPA interprets these requirements with respect to the adoption of control measures within the intrastate portion of the modeling domain for ozone nonattainment areas. To ensure compliance with the Act, EPA will review each attainment demonstration submission for the ozone NAAQS to determine whether it provides for all RACM necessary to attain the standard as expeditiously as practicable and provides for implementation of those measures as expeditiously as practicable. The State's submission n eeds to contain sufficient information for EPA to make such determinations.

In order for the EPA to determine whether a Stat e has adopted all RACM necessary for attainment as expeditiously as practicable, the State will need to provide a justification as to why measures within the arena of potentially reasonable measures have not been adopted. The justification would need to support that a measure was not "reasonably available" for that area and could be based on technological or economic grounds. Sources of potentially reasonable measures include measures adopted in other nonattainment areas and measures th at the EPA has identified in guidelines or other documents.

In order for the EPA to determine whethe r an area has provided for implementation as expeditiously as practicable, the State must explai n why the selected implementation schedule is the earliest schedule based on the specific circumstances of that area. Such claims cannot be general claims that more time is needed but rather should be specifically grounded in evidence of economic or technologic infeasibility. While it may be appropriate for some control measures to be implemented shortly after adoption, the EPA recognizes that other measures may need a longer period. The EPA will review the State's submission to ensure that sufficient information is provided for the EPA to determine whether the State h as adopted all RACM necessary for attainment as expeditiously as practicable and provided for impl ementation of those measures as expeditiously as practicable. The EPA will make those determinations based on the information provided by the State and any other information available to the EPA at the time the Agency approves or disapproves the attainment demonstration.