RESEARCH TRIANGLE PARK, NC 27711

Internet Address (URL) http://www.epa.gov

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November 30, 1999

MEMORANDUM

SUBJECT: Guidance on the Reasonably Available Control Measures (RACM)

Requirement and Attainment Demonstration 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 information 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. This guidance should be used by ozone nonattainment

areas that are subject to the Clean Air Act requirement 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, STAPPAIALAPCO
Attachment

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 EPA's current interpretation of the relationship of

the "as expeditiously as practicable" requirement and 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 only when it applies in the appropriate context of

individual rulemakings addressing specific attainment 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 and 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 expeditiously 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 needs to contain sufficient information for EPA to

make such determinations.

In order for the EPA to determine whether a State 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 that the EPA has identified in guidelines or other

documents.

In order for the EPA to determine whether an area has provided for implementation as

expeditiously as practicable, the State must explain 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 has adopted all RACM necessary for attainment as

expeditiously as practicable and provided for implementation 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.