Designations & Classifications for the 8-hour Ozone NAAQS

1. Designations & Classifications for the 8-hour Ozone NAAQS U.S. EPA Office of Air Quality Planning and Standards

2. Here’s what we’ll cover • Brief background • How designations and classifications were determined • A national look • Determining nonattainment boundaries 11 factors • Where to find more information

3. What is a nonattainment area? • “. . . any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the NAAQS” CAA §107(d)(1)(A)(i)

4. Background & history • 1-hr, .12 ppm ozone standard promulgated in 1979. • 8-hr, .08 ppm ozone standard promulgated in 1997. • Final 8-hr. designations & classifications signed on 4/15/04 (published 4/30/04 in 69 FR 23858).

5. Background & history (con’d) • 8-hr. classification scheme originates in April 2004 implementation rule. • Based on the 1-hr approach. • Control requirements tied to the applicable subpart and the area’s classification.

6. How were 8-hour designations and classifications determined?

8. CAA Table 181 Conversion

10. How the areas sorted out • 71 subpart 1 “Basic” areas* • Generally below .121 ppm (1-hr.) • Flexibility • 41* subpart 2 areas • Have a classification • Mandated controls *Excludes EAC areas

11. National summary • 474 counties designated • nonattainment • 432 whole counties • 42 partial counties • ~159 million live in these areas

12. CATEGORY/ CLASSIFICATION AREAS COUNTIES Severe 17 1 4 Serious 3 15 Moderate 30 185 Marginal 7 55 Subpart 2 41 255 Subpart 1 71 172 SUBTOTAL: 112 425 Moderate EAC 1 8 Subpart 1 EAC 13 41 SUBTOTAL: 14 49 GRAND TOTAL 126 474 A closer look . . . . * * Does not equal sum of parts as some counties are split into two classifications.

13. 9 Reclassifications – all Moderate to Marginal Effective November 22, 2004: • Cass Co., MI • Muskegon Co., MI • Detroit • Greensboro, NC • Kent/Queen Anne Cos., MD • Lancaster, PA • LaPorte, IN • Memphis • Richmond, VA

14. Attainment Dates • Subpart 1 areas have 5 -10 years • Subpart 2: based on classification • Marginal – 3 • Moderate – 6 • Serious – 9 • Severe – 15 • Extreme – 20

15. How were nonattainment boundaries determined?

16. Starting point: C/MSA 11 factors to determine whether to exclude a county

17. 11 factors (con’d)

18. How designation and classification affect an area

19. Where can I find more information?

20. Green Book…http://www.epa.gov/oar/oaqps/greenbk/o8index.html

21. Or . . . 69 FR 23858 (April 30, 2004) or . . . Sharon Reinders reinders.sharon@epa.gov

23. Early Action Compacts for 8-hr Ozone NAAQS U.S. EPA Office of Air Quality Planning and Standards

24. What does this presentation cover? • What are Early Action Compacts (EACs)? • What are EAC areas required to do? • Where are EAC areas located? • What innovative measures are planned?

25. What are EACs? • Voluntary agreements – EPA/State/Local • Innovative approach to cleaner air • Encourage communities to act early to reduce ozone sooner than required • Commit to early SIP, early implementation

26. What are EACs? • EAC areas required to meet certain milestones • Area designated nonattainment with deferred effective date • Nonattainment area requirements are not applicable if all milestones met

27. What is required?(EAC Milestones) • Agreements signed December 2002 • Preliminary measures identified June 2003 • Local air quality plan submitted March 2004

28. What is required?(EAC Milestones) • State submits SIP by December 2004 • Control measures implemented in 2005 • Progress assessment due 2006 • EAC areas must attain 8-hr ozone standard by December 2007

29. Where are EAC areas and how many received “deferrals? • Compacts approved for 33 areas in 9 States • 14areas received “deferred nonattainment designation” • Deferral extends to September 2005 with options for renewal

31. Specific Examples of Innovative Measures in EAC Areas • Truck Stop Electrification • School bus/diesel engine retrofits • Urban Heat Island Reduction/Cool Cities • Energy Efficiency/Renewable Energy

32. What’s next for EAC areas? • 12/31/04 - early SIPs due • 9/30/05 - EPA final action • Areas with approved SIPs eligible for continued deferral • Areas with disapproved SIPs designated nonattainment

33. For more information … www.epa.gov/ttn/naaqs/ozone/eac

35. 8-Hour Ozone NAAQS Implementation RuleFinal Rule—Phase 1 Highlights Office of Air Quality Planning and Standards U.S. Environmental Protection Agency 9/24/04

36. Chronology -- 8-hour Ozone Implementation Rule • Proposed June 2, 2003. • Comment period closed August 1, 2003. • Additional comment period on rule language closed September 5, 2003. • Re-opened the comment period -- additional classification approaches; closed November 5.

37. Status of 8-hour Ozone Implementation Rule • Final rule to be issued in 2 phases: • Phase 1: • Classifications, transition/anti-backsliding, revocation of 1-hour std., attainment dates, attainment date extensions, timing of emission reductions needed for attainment

38. Status of 8-hour Ozone Implementation Rule • Phase 1 (cont’d) • Signed 4/15/2004 • Published 4/30/2004 • Effective 6/15/2004

39. Status of 8-hour Ozone Implementation Rule • Phase 2: • Remainder of rule elements (e.g., RACT, RFP, attainment demonstrations; 8-hr NSR) • Planning for signature fall 2004

40. Classification in general Separate 8-hour nonattainment areas based on 1-hr design values • < 0.121 ppm -- Subpart 1 (attainment dates 5 or 10 years after designation) • => than 0.121 ppm -- Subpart 2 (attainment dates 2007 – 2021)

41. Classification cont’d • Subpart 2 areas (cont’d) – classified using “translated” 8-hour design values • Subpart 1 areas -- No classification except that rural areas that meet overwhelming transport criteria will receive that classification

42. Attainment Dates • Attainment “as expeditious as practicable but no later than . . . “ • Subpart 2 -- from 6/15/04: • marginal – 3 years (2007) • moderate – 6 years (2010) • serious – 9 years (2013) • severe – 15 or 17 years (2019/2021) • extreme – 20 years (2024)

43. Attainment Dates • Subpart 1 no later than 5 years after effective date of designation or up to 10 years after designation under certain conditions

44. Revocation of 1-hr std. • Complete revocation of 1-hr std. • 1 year following designations • Continued applicability of subpart 2 requirements • Continued air quality improvement, • Focus toward implementation of the 8-hour standard. • Consistent with 1-year grace period for 8-hr O3 conformity.

45. Anti-Backsliding • Ensures areas continue to implement control measures and planning in their 1-hour plans after 1-hour std revoked • (cont’d . . . )

46. Anti-Backsliding • Actual rule broken out by kind of area: • 8-hr NA area/1-hr NA area • 8-hr NA area/1-hr maintenance area • 8-hr attain. area/1-hr NA area • 8-hr attain. area/1-hr maintenance area

47. Anti-backsliding—duration of obligation • Time subpart 2 measures (e.g., I/M) need to be in place after the 1-hour standard is revoked:until an area is redesignated to attainment for the 8-hour standard.

48. Anti-backsliding—duration of obligation • After redesignation to attainment, subpart 2 measures could not be dropped but could be recast as contingency measures with a sect. 110(l) showing of noninterference with the 8-hr std.

49. Anti-backsliding—other provisions • Would also retain requirements under NOx SIP call • Other provisions in SIP would remain but could be revised

50. 1-hr NAAQS Obligations that Don’t Apply after Revocation • Adopting the approach proposed rule with modifications • Providing clarification regarding the penalty obligations under sections 181(b)(4) and 185A of the CAA that apply in severe areas that do not attain the 1-hour standard by the applicable attainment date.