,'

. 

### !. UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY OfficeofAirQualityPlanningandStandards Research TrianglePark,North Carolina27711


# NOV14

# 1994

'SUBJECT: Criteria.forGranting l-Year

### Extensions of Moderate PM-10Nonattainment Area Attainment Datea, Making ~ttainment Determinations, and Reporting on 

### - - -

FROM: Air Quality Strategies and Standarde Division (MD-15) '
TO : Di~ector, Air, Peaticides and Toxics Management Division, Regions I and IV Director, Air andWaste Mariagement.Division, Region I1 Director, Air, Radiation and Toxics Division, ~egion III Director, Air and Radiation Division, Region V Director, Air, Pesticides and Toxies Division, Region VI Director, Air and Toxice Division, Region8 VII, VIII, IX, and X

Pursuant to sections 179(c)and 188(b)(2) of the Clean

### Air Act,=the Administrator is to determine whether a nonattainment area has attained the PM-10 NAAQSby the applicable attainment date. The purpose of thismemorandum ie toprovide the EPA Regional Office8 and the State air pollution control agepciea with the relevant criteria for making attainment determinations, toprovide informationon the criteria for granting attainment date extension8 for moderate PM-10nonattainment areas, and to implement quantitative milestone requiremente.'

xTheClean Air Act is codified, as amended, at 42 U.S.C. 7401, et seq. 'The policies set out in this memorandum are intended solely as guidance, do not represent final action, and are not ripe for judicial review. They are not intended tobind the States and (continued



## ...IBacksround
The EPA has general authority to designate areas which violate the PM-10NAAQS as nonattainmentpursuant to section

. 107(d) of the Act.. Upon designation as nonattainment, these areas are classified,by operation of law,as "moderateu nonattainment areas [see section 188(a) of the Act].

On the date of enactment of the 1990 Clean Air Act Amendments, PM-10areas meeting the qualifications of section 107(dl(4)(B)of the Act were designated nonattainment by operation of law. These areas'includedall former group I areas identified in 52 FR 29383 (August 7, 1987) and further clarified in 55 FR 45799 (October31, 1990) any other areas violating the PM-10NAAQS prior to January 1,1989. All other areas were designated unclassifiable [see section 107(d)(4)(B)(iii)of the Act]. The EPA may redesignate any of these unclassifiable areas as nonattainment in accordancewith section 107(d)(3)of the Act.
States with areas which have been redesignated as nonattainment for PM-10have the responsibilityof developing and submitting to EPA a SIP which addresses the nonattainment air quality problem in the area. The EPA issued a "General Preamblew describing EPAts preliminary views on the interpretation of various SIP requirements, including those requirements applicable to moderate PM-10nonattainment areas.3 Sections 172(c)and 189(a) of the Act outline some of the most important elements which must be contained in the SIP. Among these elements is the requirement to submit a SIP revision that provides for the implementation of reasonably available control measures (RACM)

[includingreasonably available control technology (RACT)].4

States containing initial moderate PM-10nonattainment areas were required to submit SIP'S containing RACM by November 15, 1991,and these SIP'Swere required to provide for the implementation of RACM no later than December 10, 1993.5

2 (



### . .

## .continued) preliminary views, and EPA may modify this guidance at any time or act at variance with the guidance based upon analysis of specific circumstances.
3Seegenerally, 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April28, 1992)



### . 4All references to RACM in this document include RACT, which is a subset of the RACM requirement.
'Initial nonattainment areas were those areas designated nonattainment under section 107(dl(4)(B) of the Act. These areas (continued.



### ..)Affected States are required to demonstrate attainment of the PM-10NAAQS in these areas as expeditiously as practicable, and no later than December 31, 1994,or demonstrate that timely attainment is impracticable [see sections 188(c)(1)and 189(a)(1)(B)of the Act]



### . States containing areas redesignated as moderate PM-10 nonattainment areas subsequent to the 1990Amendments are required to submit SIP'S for these areas containing RACM no later than 18 months after redesignaFion [see section 189(a)(2)(B)of the Act]. The SIP revisions are required to provide for the implementation of RACM no later than 4 years after redesignation as nonattainment [see section 189(a)(1)(C)of the Act]



## . These SIP'S were required to demonstrate attainment of the PM-10NAAQS as expeditiously as practicable,but no later than the end of the sixth calendar year after redesignation as nonattainment or to demonstrate that timely attainment is impracticable [see sections 188(c)(1)and 189(a)(1)(B)of the Act]



### . Overview of the Policv

I. Backsround
The Administrator must determine whether PM-10nonattainment areas have attained the NAAQS within 6 months of the applicable attainment date, and the Statemust report on the quantitative milestones for the area within 90 days of the milestone date for the area. The attainment date for the initial PM-10 nonattainment areas is December 31, 1994.
11. Attainment determination

A. Attainment determination will be based upon whether an area has 3 consecutive vears of clean air quality data. This determination will be made in accordance with EPA as prescribed under 40 CFR part 50,appendix K.

B. Any discrepancies with the data will be resolved in accordance with 40 CFR part 50, appendix K,during the process of reviewing the data.

5(



### ...continued)

were required to implement RACM no later than December 10, 1993, pursuant to section 189(a)(1)(C)of the Act.111. Criteria for obtainins an extension of the attainment date for moderate areas 

### - A. The area must have no more than one measured exceedance at any monitoring site in the nonattainment area in the year preceding the extension year.



### B. The State must demonstrate that it is complying with all requirements that pertain to the area in the s~licable SIP. The applicable SIP is the latest federally-approved particulate matter SIP for the nonattainment area [see section 302(q) of the Act]



## . C., The EPA will request additional information from States to make its decision on whether to grant an attainment date extension. The EPA will be disinclined to grant an attainment date extensionunless the State can substantially demonstrate that certain information concerning the Act planning requirements have been completed. The EPA will expect the State to demonstrate that:
1. Control measures have been submitted in the form of a SIP revision and substantially implemented to satisfy the RACM/RACT requirement for the area.
2. The area has made emission reductionprogress that represents reasonable furtherprogress toward timely attainment of the PM-10NAAQS.

IV. Conseauences of failure to attain or qualify for an extension

A. The consequence of an area failing to attain the standard or qualify for an extension of the attainment date is that the area will be reclassified to serious by operation of law

[see section 188(b)(2)of the Act]



## . In addition, contingency measures must be implemented in any area which fails to attain the standard by the applicable attainment date.



### B. Upon reclassification,the State must meet the planning requirements for serious PM-10nonattainment areas. These requirements include, among other things,provisions for the implementation of best available control measures (BACM)no later than 18 months from the date of reclassification.

C. The Regional Offices will prepare the Federal Resister notices that identify the areas which will be reclassified to serious or will be granted an extension of the attainment date. These determinations will be announced in the Federal Resister following notice and comment rulemaking procedures.1. The EPA Headquarters will draft the Federal Resister notice identifying the areas which have attained the standard.

V. Quantitative emission reductionmilestones and reasonable furtherprosress

A. The PM-10nonattainment plan revisions demonstrating attainment must provide for quantitative emission reduction milestones which must be achieved every 3years until the area is redesignated attainment and which demonstrate reasonable further progress for the area.
1. The State should address at least the first two milestones along with the moderate area SIP.
a. The first milestone is the emission reductionprogress made between the SIP submittal and the attainment date for the area.
b. The second milestone should provide formaintenance to ensure that the area remains in attainment after the attainment date.

2. The PM-10nonattainment areasmust provide for quantitative emission reduction milestones which must be achieved every 3 years and which demonstrate reasonable furtherprogress until the area is redesignated to attainment.

B. Within 90 days of the date on which the milestone for a nonattainment area occurs,each State in which all or part of such nonattainment area is located must submit a milestone report to EPA. This report must demonstrate that all of the measures in the SIP approved under section 189 of the Act have been implemented,that the milestone for the area has been met, and that reasonable further progress has been achieved. Thus, EPA has broad discretion in determining the manner of the submittal and the information contained in the submittal (see the detailed discussion concerningmilestone reporting).

VI.

. Requests for redesisnation to attainment

A. If an area is determined to have attained the PM-10 NAAQS by the attainment date, the area will remain nonattainment until all five of the requirements under section 107(d)(3)(E)of the Act have been met. Among the requirements of section 107(d)(3)(E)is that the State submit,and EPA approve, a SIP revision which satisfies the requirements of the 1990Amendments. The rationale for the above policy statements are discussed in detail in the following actions.Determination of Attainment
The EPA has the responsibility for determining whether a nonattainment area has attained the PM-10NAAQS by the applicable attainment date.6 The EPA must make an attainment determination for the initial moderate nonattainment areas by June 30, 1995,no later than 6months after the attainment date for the area.7 TheAct also requires EPA topublish a notice in the Federal Resister identifying those areas which failed to attain and reclassifying those areas as useriousvnonattainment areas.
The EPA will be making attainment determinations for nonattainment areas based solely upon an area's air quality data, and no special or additional SIP submittal will be required from the State for this determination. Section 179(c)(1)of the Act provides that the attainment determination is to be based upon an area's "airquality as of the attainment date. The EPA will make the determinationof whether an area's air quality is meeting the PM-10NAAQS by the applicable attainment date based upon data gathered from air quality monitoring sites which have been entered into theAerometric Information Retrieval System

(AIRS) data base.

A PM-10nonattainment area's air quality status is determined in accordancewith appendix K of 40 CFR part 50. Attainment of the annual PM-10standard is achieved when the annual arithmetic mean PM-10concentration is equal to or less than 50 kg/m3. Attainment of the 24-hourPM-10standard is determined by calculating the expected number of exceedances of the 150 pg/m3 limit per year. The 24-hourstandard is attained when the expected number of exceedances is 1.0 or less. A total of 3 consecutive years of clean air quality data is generally necessary to show attainment of the 24-hourand annual standard for PM-10. A complete year of air quality data, as referred to

6~ee sections 179(c)and 188(b)(2)of the Act.
7~n some cases, Statesmay choose to submit moderate area SIP'S which include requests for redesignation to attainment before the applicable attainment date. In these cases, if EPA finds the SIP'S to be approvable, the SIP'S will be promulgated in the Federal Resister. The EPA will make a determination of attainment for the area no later than 6months after promulgation of the SIP approval in the Federal Resister. This determination will be made in accordance with 40 CFR part 50, appendix K. The EPA will grant those requests for redesignation to attainment which satisfy all of the requirementsof section 107(d)(3)(E)of the Act.in part 50,appendix Ktis comprised of all 4 calendar quarters with each quarter containing data from at least 75 percent of the scheduled sampling days.'
The EPA will begin processing and analyzing data related to the attainment of PM-10areas immediatelyaft-erthe applicable attainment date for the affected areas. Current EPA policy, pursuant to 40 CFR part 58, sets the deadline for submittal of air quality data into the AIRS data base for no later than 90 days after the end of the calendar year. In order for EPA to determine the attainment status of PM-10areas, EPA must review the data for the 3 years prior to the attainment date for the areas. Due to the schedule for making attainment determinations, pursuant to sections 179(c)(2) and 188(b)(21,States should submit the required air quality data for the year preceding the attainment date into the AIRS data base as expeditiously as practicable,but no later than 90 days after the attainment date for the area. States should identify any issues concerning the validity of the data or discrepancies related to the data during this time period. The EPA will address issues related to the adequacy of data on a ,~ase-by-case babis in accordance with 40 CFR part 50, appendix Rr- /' Section 179(c)(2)of the Act also states that EPA may revise or supplement the attainment determination at any time based upon more complete information or analysis concerning the area's air quality as of the attainment date. The EPA interprets this to mean that in cases where there are discrepancies concerning the data or the validity of the data revealed subsequent to an attainment determination,EPA may later address these issues in accordance with EPA guidance as stated in 40 CFR part 50, appendix K.

'under 40 CFR 50.6(a),the 24-hourprimary and secondary standards are attained when the expected number of exceedances per year at each monitoring site is less than or equal to one. In the simplest case, the number of exceedances at a site is determined by recording the number of exceedances in each calendar year and then averaging them over the past 3 calendar years. Under 40 CFR part 58.13,the minimum percentage of monitoring data which can be considered as sufficient to determine attainment for PM-10at any given monitoring site is 75 percent. The amount of data required varies with the sampling

---, - frequency,data capture rate,


# _and tfi%-Gnumberofyear-s,.gecorded at a monitoring site. More-tKan 3 years of data may be considered if all additional rep5esentative years of data meeting the %?+ percent criterion are utilized. Data not meeting this criteri 

# "\a

may also suffice to show attainment;however, such exceptions must be approved by the appropriate Regional Administrator i
2.0-2.3). - /

.- ----- accordancewith EPA guidance (seepart 50, appendix

-.--While EPA may determine that an area's air quality data indicate that the area may be meeting the PM-10NAAQS for a specifiedperiod of time, this does not eliminate the State's responsibilityunder the Act to adopt and implement an approvable SIP. If EPA determines that an area has attained the standard, the area will remain classified as nonattainment until the State has requested, and EPA has approved, redesignation to attainment for the area.
In order for an area to be redesignated as attainment, the Sta-te must comply with the five requirements listed under section 107(dl (3)(El of the Act. Among other things, section 107(dl(3)(El requires that EPA determine that an area has met the PM-10NAAQS and that the State has submitted a SIP which has been approved by EPA.'
Attainment Date Extension Criteria forModerate 'Areas
If a State containing a moderate PM-10nonattainment area does not have 3 consecutiveyears of clean air quality data to demonstrate that the area has attained the PM-10NAAQS, the State may apply for a 1-yearextension of the attainment date. The EPA may extend the attainment date for 1 year only if the State submits an application for the affected nonattainment area satisfying all of the following requirements:
1. The area must have no more than one exceedance of the 24-hourPM-10NAAQS in the year preceding the extensionyear

### and the annual mean concentration of PM-10in the year preceding the extensionyear must be less than or equal to the PM-10NAAQs.~' Data requirements for purposes of making comparisons with the 24-hourand annual PM-10NAAQS must be consistent with section 2.3 of 40 CFR part 50,appendix K.

'see "Proceduresfor Processing Requests to Redesignate Areas to Attainment"memorandum to Regional Air Directors from John Calcagni,Director of the Air Quality Management Division, September 4, 1992.
'O~heAct states that no more than one exceedance may have occurred in the area [see section 189(d)(2) 

### I



## . The EPA interprets this to prohibit extensions if there is more than one measured exceedance of the 24-hourstandard at any monitoring site in the nonattainment area. The number of exceedances will not be adjusted to expected exceedances as long as the minimum required sampling frequencies have been met.2. The State must demonstrate that it has complied with all requirements and commitments pertaining to the affected nonattainment area in the applicable implementationplan.'' Requirements and commitments in the "applicable implementation plan" include SIP revisions approved by EPA under section 110(k) of the Act and FIPts promulgated by EPA under section 110(c)(1) of the Act [see section 302(q) of the ~ctl*[seegenerally section 188(dl of the Act]



### . The authority delegated tg the Administrator to extend attainment dates formoderate qreas is discretionary. section 188(d)of the Act provides that the Administrator "mayff extend the attainment dat.efor areas that meet the minimum requirements specified above. The provision does not dictate or compel that EPA grant extensions to such areas.

In exercising this discretionary authority for PM-10 nonattainment areas, EPA will examine the air qualityplanning progress made in the moderate area. In addition to the two criteria specified in section 188(d),EPA will be disinclined to grant an attainment date extension unless a State has, in substantialpart, addressed its moderate PM-10planning obligations for the area. While States are encouraged to take expeditious steps toward completing SIP revisions which satisfy the requirements of the Act, Federal approval of PM-10SIP requirements is not required in order to be granted an attainment date extension. The EPA, however,will expect the State to have adopted and substantially implemented control measures submitted to address the requirement for implementing RACM/RACT in the moderate nonattainment area, the central control requirement that applies to such areas.13
The EPA believes that requesting the State to demonstrate that control measures have been adopted and are being implemented for areas seeking an extension is a reasonable expectation because the implementation of the control measures is an



### he PM-10SIP revisions required under the 1990Amendments are not included in the definition of "applicableimplementation planu if EPA has not taken final rulemaking action to approve the revisions.
12stateswere required to submit PM-10SIP revisions for initial moderate nonattainment areas on November 15, 1991. In the instances where EPA will not have taken final rulemaking action on the State's moderate area SIP revisionprior to granting the attainment date extension for the area, the applicable SIP for the area would be the most recent federallyapproved particulate matter SIP for the area.

, 13seesections 172(c)(1)and 189(a)(1)(C)of the Act.appropriate indication that the improvement in air quality, evidenced by the low number of exceedances, reflects the application of permanent steps to improve the air quality, rather than temporary economic ormeteorological changes. As a part of this showing,EPA will expect the State to demonstrate that the. PM-10nonattainment area has made emission reductions amounting to reasonable furtherprogress toward attainment of the PM-10 NAAQS as defined in section 171(1) of the Act.
In order to demonstrate that the control measures have been adopted and are being implemented,and that reasonable further progress is being met, the Statemust submit an application for an attainment date extension in the form of a report similar to the quantitative emission reductionmilestone report discussed below. (See section below on the criteria for the quantitative emission reductionmilestone report.) This report may be submitted to EPA by the governor or his/her designee no later than 90 days after the attainment date for the area. The EPA Regional Offices will address a State's request for a 1-year extension of the attainment date through the comment and rulemaking process no later than 6months after the applicable attainment date. If the State cannot make a sufficient demonstration that the area has complied with the extension criteria stated above,and EPA determines that the area has not timely demonstrated attainment of the PM-10NAAQS, the area will be reclassified as seriousby operation of law pursuant to section 188(b)of the Act.
If an extension is granted at the end of the extension year, EPA will again determine whether the area has attained the PM-10 NAAQS. If the requisite 3 consecutive years of clean air quality data needed to demonstrate attainment are not met, the State may apply for a second 1-yearextension of the attainment date. In order to qualify for the second 1-yearextension of the attainment date, the State must satisfy the same requirements listed above for the first extension. In addition, EPA will consider the State's PM-10planning progress for the area similar to its evaluation of the first extension request. However, EPA may grant no more than two 1-yearextensions of the attainment date to a single nonattainment area [see section 188(d) of the Act].

Conseauences forModerate Areas that Fail to TimelvAttain the PM-10NAAQS
The discussion which follows addresses the consequences of EPA's determination that a moderate area has failed to timely attain the PM-10NAAQS. The consequences described below apply with equal force to moderate areas that fail to attain the PM-10 NAAQS by the initial attainment date, that are not granted extended attainment dates,or that fail to meet an extended attainment date.If EPA finds that a moderate area is not in attainment after the applicable attainment date, the area will be reclassified by operation of law as a serious PM-10 nonattainment area.14 The EPA Regional Offices will identify the areas that have failed to attain the PM-10NAAQS and reclassify them as serious, through the notice and comment rulemakingprocess in the Federal Resister,no later than 6months following the attainment date. For efficiency, the Regional Officesmay also choose to identify those areas which have been granted a 1-yearextension of the attainment date in the same Federal Resister notices.
Within 18 months after reclassificationof an area as serious nonattainment, the affected States must submit,among other requirements, SIP'S containing provisions to assure that best available control measures (includingbest available control technology) are implemented no later than 4 years after reclas~ification.~~ In addition,contingencymeasures must take effect upon a determination by EPA that an area has failed to timely attain the PM-10NAAQs.~~ Moderate area plans are required to provide for the implementation of specific measures to be undertaken if the area fails to make reasonable further progress, or to attain the NAAQS by the applicable attainment date. Suchmeasures are to be included in the plan as contingency measures to take effect without further action by the State or EPA, upon a determinationby EPA that the area has failed to achieve reasonable furtherprogress, or to timely attain the NAAQS.

For the initial moderate nonattainment areas, EPA established November 15, 1993 as the due date for submissionof contingency'measures[seeGeneral Preamble (57FR 13543), April 16, 1992)l. The General Preamble contains significant guidance about the implementationof the contingency measure requirement.17 The EPA is currently developing further guidance on contingencymeasures which will be forwarded to the States and Regional Offices at a later date.
The EPA interprets the requirement that contingency measures "takeeffect



### . . . without further action by the State, or [EPA] to mean that no further rulemaking activities by the State or EPA

14Seesection 188(b)(2)of the Act.

''see section 189(b) of the Act and 59 FR 41998 [August 16, 1994 (guidanceon serious PM-10nonattainment area SIP requirements including BACM)

## I

. 16seesection 172(c)(9)of the Act.
17see 57 FR 13510 and 13543-44.would be needed to implement the contingencymeasures.'' In general, EPAwill expect all actions needed toaffect full implementation of the measures to occur within 60 days after EPA notifies the State of its failure to attain the standard. Contingency measures have not been submitted for several of the initial moderate PM-10nonattainment areas. The EPA made findings of failure to submit for these areas in January of 1994. States which failed to submit contingencymeasures have 18months to correct this deficiencybefore sanctionsmust be imposed [see section 179 of theAct and 59 FR 39832 (August 4,1994)l. Quantitative Emission Reduction Milestones and Reasonable Further Prosress

VII. Milestone submittals
The PM-10nonattainment area SIP'S demonstrating attainment must include quantitative emission reductionmilestones which are to be achieved every 3 years until the area is redesignated attainment and which demonstrate reasonable further progress, as defined in section 171(1) of the Act, toward timely attainment.lg The EPA has issued general guidance on the implementation of this requirement for moderate PM-10 nonattainment areas as well as for serious PM-10nonattainment areas. 20 The Act does not clearly indicate the starting point for counting the first 3-yearperiod or how many milestones must be initially addressed. In the General Preamble, EPA addressed the statutory gap in the startingpoint for counting the 3-year milestones, indicating that it would begin from the due date for the SIP revision containing the control measures for the area, i.e.,November 15, 1991 for initial moderate PM-10nonattainment areas (see 57 FR 13539).
Section 189(c)plainly provides that quantitative milestones are to be achieved "untilthe area is redesignated attainment." However, this endpoint for quantitative milestones is speculative because redesignation of an area as attainment is contingent upon several factors and future events. The EPA believes that it is unreasonable to require planning for each nonattainment area to cover quantitative milestones several years into the future based

''see section 172(c)(9)of the Act and 57 FR 13512.
Igseesection 189(c) of the Act
20See57 FR 13539 for the PM-10moderate area guidance on milestones .and59 FR 41998 for guidance on milestones for serious nonattainment areas.on the possibility that such time may elapse before an area is in fact redesignated to attainment. On the other hand, EPA believes that it is reasonable for States initially to submit a number of milestones sufficient to ensure that there is ongoing air quality protection beyond the attainment deadline. This will help to ensure that areas timely attaining the PM-10NAAQS do not fall out of attainment before qualifying for redesignation.
The EPA believes that at least twomilestones should initially be addressed. Thus, submittals to address the SIP revisions due on November 15, 1991 for the initial moderate PM-10 nonattainment areas should have demonstrated that, at a minimum, the following two milestones will be achieved: (1)First milestone--November15, 1991 throughNovember 15, 1994; and

(2)second milestone--November15, 1994 through November 15, 1997. In all instances, additional milestones must be addressed and submitted at 3-year intervals if an area is not redesignated attainment.
The EPA has previously indicated that for the initial PM-10 moderate nonattainment areas that demonstrate timely attainment of the PM-10NAAQS, the emission reduction progress made between the SIP submittal (i-e., due date of November 15, 1991) and the attainment date (i.e.,no later than December 31, 1994) will ' satisfy the first quantitative milestone.21 For areas that demonstrate timely attainment of the PM-10NAAQS, the milestones beyond the attainment date should, at a minimum,provide for

. continuedmaintenance of the standards. The EPA intends to provide further guidance at a later date concerning the application of quantitativemilestones and reasonable further progress for moderate nonattainment areas which demonstrate that attainment by the applicable attainment date is not practicable.
Those moderate nonattainment areas designated subsequent to enactment of the 1990Amendments will similarly be expected to initially submit two milestones. States are required to submit SIP'S for these areas 18 months after their redesignation as n~nattainment.~~ The attainment date for new PM-10 nonattainment areas is "asexpeditiously as practicable"but no later than the end of the sixth calendar year after an area's designation as n~nattainment.~~

21~ee 57 FR 13539.
22Seesection 189(a)of the Clean Air Act.
23~ee section 188(c)(1)of the Act.Because the SIP revision, including the quantitative milestone submittal, for a new nonattainment area is due 18 months after the area is designated as nonattainment, the first 3-yearmilestone is to be achieved 4 1/2years after the nonattainment redesignation. The second quantitative milestone must be achieved 3 years after the first milestone or 7 1/2 years after the nonattainment redesignation. Therefore, the second milestone will fall at least a year and a half after the attainment deadline if a maximum of 6 years is needed to attain the PM-10standard. The second quantitativemilestone should provide for continued emission.reductionprogress toward attainment and should provide- for continued maintenance of the standard after the attainment date for the area. Subsequent milestones must be submitted at 3-year intervals if an area is not redesignated to attainment. Thus, if an area is not redesignated to attainment by the due date for when the second milestone must actually be achieved, a third milestone must be submitted. The third milestone should be submitted at the same time that the State is required to submit a demonstration that the secondmilestone has been met, which is 90 days after the milestone is due, as explained in section IX below. This pattern of submitting subsequentmilestones along with the demonstration for the previous milestone should be continued even if the moderate nonattainment area is reclassified as serious. Submittal of milestones must continue until the area is redesignated to attainment.

VIII. Reasonable further proqress

In addition to addressing quantitative emission reduction milestones, PM-10nonattainment plans are also required to demonstrate reasonable furtherprogress.24 Reasonable further progress is defined as "suchannual incremental reductions in emissions of the relevant air pollutant as are required by [part Dltitle I of the Act] or may reasonably be required by the Administrator for the purpose of ensuring attainment of the

[NAAQS] by the applicable date.u25 The SIP'S for PM-10nonattainment areas should include detailed schedules for compliance with applicable control requirements in the areas and accurately indicate the corresponding annual emission reductions to be realized. In reviewing SIP revisions,EPA will determine whether the annual incremental emission reductions to be achieved are reasonable in light of the statutory objective to ensure timely attainment of the PM-10 NAAQS. Additionally, EPA believes that it may be appropriate for

24Seesections 172(a)(2)and 189(c)(1)of the Act.
25~ee section 171(1) of the Act.States to require early implementation of control measures that are not capital intensive (e.g.,controlling fugitivedust emissions at a stationary source) while phasing in control measures that require significant investment, such as the installation of new hardware.
The EPA will generally assess whether an area has achieved reasonable furtherprogress in conjunction with determining its compliancewith the quantitative emission reductionmilestone requirement. Thus, as indicated below, when a State demonstrates an area's compliancewith a quantitative milestone, it should also address whether reasonable further progress has been achieved during each of the relevant 3 years. The EPA is currently developing further guidance on reasonable further progress which will be forwarded to the States and Regional Offices at a later date.

IX. Milestone and reasonable furtherprosress reportinq
Within 90 days of the date on which a milestone applicable to an area occurs, each State in which all or part of such area is located must demonstrate the following to EPA: (1)All measures in the plan approved under section 189 of the Act have been implemented,and (2)the milestone has been met. The demonstrationmust be submitted in such form and manner and must contain such information and analyses as EPA requires [see section 189(c)(2)of the Act]. Thus,EPA is granted broad discretion in determining the manner of the submittal and the information contained therein.

In order to demonstrate,thatan area has met a quantitative milestone, the State must generally submit a report which demonstrates that the area has implemented RACM/RAcT and has achieved the emission reductions predicted in the quantitative milestone for the area.26 More specifically,the State should provide the information outlined below.

A. RACM implementation
The report should identify the PM-10sources that are located in the area. The RACM requirements adopted by the State to control sources of PM-10should be identified,and the report should specify the steps that have been taken to implement each control measure, the percent of implementation that has been achieved,and an estimate of the reductions achieved. The State should describe how the estimate of the emission reductions was made.

26~ee sections 172(c)(1)and 189(a)(1) (C) of the Act.A table may be used to summarize the source(s)/source category(ies1 and associated control measures. This table should include an estimate of PM-10emissionsbefore and after controls. The report should provide an explanation of why 100 percent implementation was not achieved and why the projected emission reductionswere not achieved. The State should also identify the steps that will be taken to achieve the emission reductions which were not met. The emission reductions should also be analyzed by year, and the report should assess whether reasonable further progress was achieved in each of the 3 years during the applicablemilestone period.
The EPA is not requiring the State to provide an updated emissions inventory to address the previous information. The EPA is requesting that the State provide sisnificant and reliable estimates of the percentage of the control strategy that has been implemented in the nonattainment area and resulting emission reductionprogress. Example: The two significant PM-10sources in a nonattainment area consist of reentrained road dust from 10 miles of unpaved roads and the change out of 50 uncertified wood stoves. The RACM for the area is the paving of all 10 miles of road and the change out of all 50 wood stoves. The State estimates that a total of 1000 tons per year of emission reductions would be achieved from the paving of all 10 miles of unpaved roadways and 1000 tons per year from the change out of the wood stoves. The State also projects that 100 tons per year of emission reductions would be achieved from the paving of each mile of roadway and 20 tons per year from the change out of each wood stove. In the quantitative milestone report, the State indicates that,due to unforeseeable economic difficulties, it was only able to pave a total of 5 miles of roadway and change out of only 25 wood stoves. The State should report the estimated emission reductions achieved as a result of paving 5 miles of roadway and the change out of the 25 wood stoves. The State shouldproject when it expects to complete the paving of the remaining 5 miles of roadway and the change out of the remaining 25 wood stoves. The State should also address the annual emission reductions that were expected and in fact achieved.ESTIMATED EMISSION REDUCTIONS TABLE

The State should explain why the projected emission reductions from point sources,reentrained road dust, and residential wood combustion were not achieved. The State should also indicate its plans to achieve 100 percent implementation of the control measures and the associated emission reductions. If additional control measures are needed to obtain the reductions, these measures should be identified and a schedule for implementationprovided.

B. Enforcement and compliance measures Estimated Emission Reductions

Achieved

600

500

5 0 0

500
2100

The quantitative emission reductionmilestone report should identify when the affected sources in the nonattainment area were expected to come into compliance with RACM and which sources are not in compliance. The report should also indicate the percent of compliance being achieved for appropriate source categories

(e.g.,50 percent compliance with the voluntary wood stove curtailment program). The report should state whether the applicable recordkeeping requirements are being met, and by what governmental entity(ies). An indication of whether any compliance tests have been conducted and the results of those tests should also be given. Compliance information is necessary to adequately assess the effectiveness of the control measures and the associated emission reductions likely achieved. Percent Implementation Achieved

66

50

50

100

66.5 Source Category

Point sources Reentrained road dust from paved and unpaved roadways
Residential wood combustion
Mobile sources Total

C. Failure to submit a report or to meet a milestone
If a State fails to submit a required quantitative milestone report for an affected PM-10nonattainment area,or if EPA determines that such area has not met an applicablemilestone, the State must submit a plan revision within 9months after such failure or determination. The plan revision must assure that the Projected Emission Reductions Needed to Show Attainment After Implementation of RACM/RACT

900

1000

1000

500
3400State will achieve the next milestone for the area by the applicable date, or attain the PM-10 NAAQS, if there is no next milestone.27 Therefore, if the projected quantitativemilestone for an area was not achieved (i.e.,the control measures were not implemented to the extent expected by themilestone due date), the report should indicate how the Stateplans to meet the next milestone or attainment date. The report should address the expected contents of the required plan revision, including the control measures that will likely be included and the emission reductionsprojected from the implementation of these additional measures. This plan revisionmust be submitted by the governor or his designee and must be adopted in accordance with the procedures required for all SIP revisions.
If the State fails to submit the plan revision within 9 months after EPA1sdetermination that the milestone was not met or that the State failed to submit the milestone report,EPA will issue a finding of failure to submit and initiate the sanctions process for the area.'"
Requests for Redesisnation toAttainment

A State that has a PM-10nonattainment area that has been determined by EPA to have attained the PM-10NAAQS,may request redesignation to attainment. The Administrator may grant a request to redesignate an area to attainment if the following conditions are satisfied:
1. The EPA determines that the area has attained the NAAQS.
2. The applicable implementationplan for the area has been fully approved by EPA under section 110(k)



## . 3. The EPA determines that the improvement in air quality is due to permanent and enforceable reductions in emissions.
4. The State has met all requirements applicable to the L area under section 110 and part Dltitle I,of the Act.
5. The EPA has fully approved a maintenance plan, including a contingencyplan, for the area as meeting the requirements of section 175A of the Act [seegenerally section 107(d)(3){E) of the Act].

- - 27~ee section 189(c)(3)of the Act.
28~ee sections 110(m)and 179(a) of the Act and 59 FR 39832, August 4,1994.Each of these criteria is discussed inmore detail in a memorandum from John Calcagni to the Regional Air Directors, dated September 4,1992,ad&ressing the guidelines for qualifying for redesignation to attainment. [See "Procedures for Processing Requests to RedesignateAreas toAttainment" memorandum to Regional Air Directors from John Calcagni,Director of the Air Quality Management Division, September 4,1992.1 The second half of the memorandum gives particular attention to the maintenance plan requirement under section 175A since this constitutes a new requirement under the 1990Amendments. The memorandum provides that special concerns for areas seeking redesignation will be addressed on a case-by-casebasis.
If there are any questions concerning this policy,please contact Larry Wallace of the Integrated Policy and Strategies Group at (919)541-0906.

cc: Tom Helms,AQSSD Joe Paisie,AQSSD Rich Osias,OGC AQSSD:IPSG:LWallace:pfinch:MD-15:541-5628:11-3-94 Wallace ~A/FINAL.ADP Concurred with Vickie Patton and Mike Prosper,OGC