Getting Started on Title I:
A Sommary of the Provisions in
the Glean Air Act Amendments of 199
for Ozone and Carbon Monoxide
Nonattairiment Areas
1991
AirW
Office of Air Quality Planning and Standards
ttJ. Environmental
-------
Table of Contents
Part 1: Introduction 5
Part 2: State Submittal Requirements 6
Actions Due by March 15,1991 (120 days after enactment) ... 6
Designations and Classifications 6
Motor Vehicle Inspection and Maintenance (I/M) Programs . 12
1IM Fix-ups 12
I/M for Moderate Ozone Areas 13
Actions due by May 15, 1991 (6 months after enactment) .... 14
RACT Fix-ups 14
Northeast Ozone Transport Commission 15
Actions Due by May 15, 1992 (18 months after enactment) ... 15
Enhanced Monitoring 15
Actions Due by November 15,1992 (24 months after
enactment) 16
Emission Inventories 16
Conformity 19
Contingency Measures 19
Additional Ozone Requirements 19
RACT on VOC Sources 20
RACT for NOX Major Sources 23
Stage II 24
Enhanced I/M Programs 25
California Pilot Program for Clean Fuels and "Opt-In" by Other
States 25
Substitutes for Clean-Fuel Vehicle Program 26
Transportation Control Measures (TCM's) 27
Employer Trip-Reduction Programs 27
New Source Review (NSR) Program 28
Requirements for the Transport Region 28
RACT on VOC sources 28
RACT on NOX sources 29
NSR on VOC and NO, sources 29
Enhanced I/M 29
-------
Additional CO Requirements 29
VMT Forecast 29
NSR Program 30
CO Areas with Significant Stationary Source Contributions .... 30
Enhanced IIM 31
Contingency Measures 31
Transportation Control Measures (TCM's) 32
Oxygenated Fuels 32
Attainment Demonstration 33
Substitutes for Clean-Fuel Vehicle Program 33
Planning Procedures 33
Actions Due by November 15, 1993 (36 months after
enactment) 34
Plan for Reasonable Further Progress (RFP) (15% reduction
requirement) 34
Contingency Measures 36
Actions Due by November 15, 1994 (48 months after
enactment) 37
Attainment Demonstration 37
Contingency Measures 38
Clean-Fuel Vehicle Fleet Programs 38
Requirements for the Ozone Transport Region 39
Part 3: Transition Requirements 39
Phase II of SIP Calls 39
Lifting of Construction Bans 41
SIP Processing Procedures 42
NSR Transition Issues and Guidance 42
Part 4: EPA Actions 43
Control Measures 43
New CTG's 43
Alternative Control Technology (ACT) 43
Commercial and Consumer Solvent Study and Rules 44
RACT/BACT/LAER Clearinghouse 44
Revisions of Existing CTG's 44
-------
Endnotes 45
Appendix 47
-------
Part 1: Introduction
The complexity and sheer volume of the Title I provisions in the
Clean Air Act Amendments of 1990 (CAAA) suggest that special
efforts are warranted to ensure that those involved in developing and
implementing the requirements have a clear understanding of the
actions and submittals that will be needed. For this reason, the
Environmental Protection Agency (EPA) has developed this
document to assist States as they schedule and prioritize their work
activities over the next several months and years to prepare their
ozone and carbon monoxide (CO) State implementation plans
(SIP's), as required in Title I.
This document outlines the requirements for States which must
develop ozone and/or CO SIP's pursuant to the new provisions in
Title I of the CAAA. The document focuses on those actions the ,
State must take in the early stages (in particular, within the first four
years after enactment) regarding the designation and classification of
their nonattainment areas, development and adoption of required
control measures, and technical analyses of their pollution problems
and control strategies. The document is not intended to provide
detailed technical guidance or to specify Environmental Protection
Agency (EPA) policy, but rather it is designed to provide a clear,
concise statement of the new CAAA requirements. The EPA will
publish a "General Preamble" in the Federal Register to provide
specific criteria and policies it will use to determine the
approvability of the various SIP submittals.
The requirements for States in this document are generally
discussed in a chronological order related to when specific
submittals are due. In this way, the document is intended to help
States assess their work loads in the months and years to come and
to set schedules and priorities for satisfying the many new
requirements under Tide I for ozone and CO nonattainment areas.
To support State efforts to accomplish the required submittals, a
listing of technical guidance is provided in the Appendix. This
listing includes both the currently available guidance and future
guidance (along with a schedule for its completion). For quick
reference, many of the guidance materials are also listed within the
document near the discussion of their respective subjects. Also
included in the document is a discussion of certain "transitional
issues" and a description of the actions EPA will be taking to
-------
develop new control measures or additional guidance on control
measures.
The focus of this document is on the basic submittals that will be
required of States. As a result, certain topics are not discussed here
but will be addressed in subsequent guidance (e.g., the General
Preamble). For example, submittals related to failures to meet
applicable milestones (i.e., actions such as "bump ups" from one
classification to a higher classification) or redesignation procedures
and requirements are not discussed in this document. Also, the
general SIP requirements of section 110(a)(2) are not addressed, but
States should consider these requirements as they prepare their
submittals for nonattainment areas. Subsequent guidance will address
important new provisions under section 110.
In addition to distributing this document, the EPA will be
conducting national workshops on selected implementation topics
and periodically preparing "Q's & A's" to provide States timely
assistance in responding to the new requirements.
Part 2: State Submittal Requirements
The discussion of the submittal requirements is organized
chronologicallythat is, by the deadlines for the submittals. All of
the submittals are listed in Figure 1 for quick reference. As stated
above, the discussion of a submittal requirement in this report often
includes a list of selected guidance materials that are (or will be)
available to assist the States.
It is important to keep in mind in reviewing the submittal
requirements is that, in most cases, they are "additive" from one
classification to another. In other words, the statement that a certain
control measure is required for Moderate ozone areas should be read
as applying to Serious, Severe, and Extreme ozone areas as well,
unless otherwise noted.
Actions Due by March 15,1991 (120 days after enactment)
Designations and Areas formally designated as nonattainment before enactment
Classifications were again designated as nonattainment by operation of law on the
date of enactment (November 15, 1990). These areas were also
6
-------
Figure 1: Required State Submittals and Actions
Submittal/Action
Ozone Gassiflcation
Marginal
Moderate
Serious
Severe
Extreme
By March 15, 1991 (120 days after enactment)1
A request for more time to study boundaries for serious* area that was
designated and classified as of enactment (due 45 days after classification)
List of all areas with proposed designations and boundaries (except boundaries
for serious+ areas with requests for more time to study)
A request for more time to study boundaries for serious-t- area that was
designated and classified at 240 days after enactment (requested to be in
March 15, 1991, submittal; latest date for request is August 27. 1991)
Commitment to submit SIP revision to correct I/M program (i.e., implement
previously-required program) ("immediate submittal" of revision for I/M)
Commitment to submit SIP revision to implement basic I/M program
("immediate submittal" of revision for I/M) (plus serious areas where urbanized
population < 200,000)
X
X
X
X
X
X
X
X
X
X
X
X
X
By May 15, 1991 (6 months after enactment)
Submit RACT Corrections
Northeast ozone transport commission convenes (applies to Northeast transport
region)
X
X
X
X
X
CO Classification
Moderate
Serious
X
X
X
X
X
schedules.
Certain submillals/actions may actually be required before the end of the time period specified. Check the narrative portion of the document for specific submittal time
-------
Submittal/Action
Ozone Qassification
Marginal
Moderate
Serious
Severe
Extreme
By November 15, 1991 (12 months after enactment)
Implement basic I/M programs
X
X
By May 15, 1992 (18 months after enactment)
Commence actions to adopt and implement enhanced monitoring program
requirements
X
X
X
By November 15, 1992 (24 months after enactment)
Submit comprehensive emission inventory
Submit requirements for emission statements
Submit VOC RACT rules (existing CTG's; non-CTG major sources)
Submit NO. RACT rules (unless demonstrate not appropriate)
Submit NSR rules (VOC and NO,)
Submit Stage II vapor recovery program
Submit Enhanced I/M program; begin implementation
Submit requirements for transport region (VOC, NO, RACT and NSR;
Enhanced I/M) (applies across transport region)
Submit conformity requirements
Submit measure for reducing VMT
Submit CO attainment demonstration
Submit contingency measures (if VMT forecasts exceeded)
Submit transportation control measures (TCM's)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
CO Classification
Moderate
Serious
X
X
X2
X2
X
X
X
X
X
X
'Applies to areas with design values > 12.7 ppm
8
-------
Submittal/Action
Submit revision requiring employer trip reduction programs (25% vehicle
occupancy rate reductions)
Submit oxygenated fuel program
Ozone Classification
Marginal
Moderate
Serious
Severe
X
Extreme
X
By November 15, 1993 (36 months after enactment)
Submit "15% SIP" (i.e., measures showing 15% reduction in VOC baseline)
Submit demonstration re: additional VOC, NO, reductions as necessary to attain
Submit NSR program (CO)
X
X
X
X
X
By November 15, 1994 (4 years after enactment)
Submit attainment demonstration (photochemical dispersion modeling)
Submit RFP demonstration showing 3% average annual reductions commencing
6 years after enactment
Submit contingency measures for failures to meet milestones
Submit clean-fuel vehicle program
Submit Stage II program (or "reflect comparable measures") in transport region
Submit plans to incorporate EPA's emission diagnostic rules (estimated time)
X
X
X
X
X
XJ
X
X
X
X
X
X
X
X
X
X
X
CO Classification
Moderate
X
Serious
X
X
X
3As applicable in regards to Title II requirements
-------
classified at that time on the basis of 1987-89 data, in the case of
ozone, and 1988-89 data, in the case of CO1. Classification of an
area is based on the area's design value. The method used to
calculate the design value is described in a June 18, 1990
memorandum from William Laxton to the Regional Division
Directors (see below).
In general, the 1990 CAAA require each State to submit to EPA
by March 15, 1991, (120 days after enactment) a list of all areas in
the State, indicating designations for ozone or CO (or affirming
existing designations) and describing their boundaries. A State
cannot reduce any existing (pre-enactment) boundaries of ozone or
CO nonattainment areas through this process. EPA intends to act on
the list by promulgating new or affirmed designations,
classifications, and boundaries by no later than July 13, 1991 (120
days after receipt of the State list is required). If EPA chooses to
modify the State list (for example, by modifying the boundaries),
EPA must notify the State by no later than May 14, 1991 (60 days
prior to EPA promulgation).
The March 15, 1991, submittal must list all nonattainment areas,
including the recommended boundaries of these areas. In
determining boundaries, the State should consider a wide range of
factors, including population, population density, growth projections,
and commuting patterns. The default areas for boundaries for ozone
and CO nonattainment areas should be the consolidated metropolitan
statistical area (CMSA), or the metropolitan statistical area (MSA),
whichever (if any) is applicable.
The CAAA provide that by operation of law, any ozone or CO
nonattainment area classified on the date of enactment as serious or
higher (under the process described below) takes as its boundary
either the CMSA or MSA, as of December 30, 1990 (45 days from
their classification), unless the Governor has notified EPA by that
date that the State wishes to consider further the boundaries of the
area. For areas for which the Governor has submitted such a
notification, the State must expeditiously submit to EPA any
recommendations and studies concerning the boundaries. The
boundaries will become the CMSA [MSA] by January 15, 1992 (14
months after enactment) unless, by that date, the State recommends
and EPA concludes that a smaller boundary is appropriate. In the
interest of administrative expediency, EPA has urged States to
submit any recommendations and studies concerning boundaries as
soon as possible and preferably by March 15, 1991. EPA would
10
-------
prefer that final boundaries for as many areas as possible be
determined with the national Federal Register action occurring 240
days from enactment.
Additional designations, classifications, and boundary-setting will
occur with the March 15 submittal of a list designating all areas in
the State, and EPA promulgation of that list (with appropriate
modifications) by July 13, 1991, (no later than 240 days from
enactment). This 240-day process is expected to result in the
addition of new nonattainment designations for some areas not
previously designated nonattainment, and the expansion of the
boundaries of some areas that were designated nonattainment as of
the date of enactment2.
The CAAA contain special provisions for two categories of areas
that do not fit within the basic classification scheme transitional
areas and rural transport areas. Transitional areas are areas that were
designated nonattainment for ozone before the enactment of the
CAAA but are not now recording violations of the standard3.
Section 185A of the CAAA directs the Administrator to suspend the
ozone-specific requirements for these areas until air quality data
through 1991 can be collected and reviewed. By June 30, 1992, the
Administrator must determine whether the area is still not violating
the ozone standard. If no violations have occurred, the State must
submit a maintenance plan (as part of the requirements for
redesignation) within 12 months of that determination. If violations
occur, the area becomes subject to the new requirements according
to its classification (based on its design value).
In the other case, the Administrator may treat an area as a "rural
transport area" if he determines that emissions from the area do not
contribute significantly to the ozone concentrations in that area or in
other areas. Rural transport areas are subject to the same
requirements that apply to marginal areas. To qualify as a rural
transport area, an area must not border or be within an MSA or
CMSA; ambient air quality monitoring must show violations of the
ozone standard and the area is or will be designated as an ozone
nonattainment area under the new designation process; and, finally,
precursor emissions from point, area, and mobile sources in the area
must not make a significant contribution to the ozone concentrations
measured in the area or in other areas.
A State wishing to qualify an area as a rural transport area must
also reasonably implicate an upwind area. The State must submit
11
-------
appropriate documentation to this effect to EPA in advance of the
required State implementation plan (SIP) revision for the area. The
EPA will review the data and inform the State of the
Administrator's decision. Application on the part of a State as a
rural transport area will not relieve the state from complying with
SIP submittal deadlines in the event the Administrator ultimately
does not treat the area as qualifying.
The March 15, 1991, submittal by the State is not required to
specify areas as transitional areas or rural transport areas. The EPA
is requesting, however, that States identify any such areas as early
as possible so that EPA can include these areas in the promulgation
due by July 12, 1991, (240 days after enactment).
Guidance:
Memorandum issued on November 14, 1990, by John Seitz, Director, EPA's
Office of Air Quality Planning and Standards, describing the designation
and classification process
December 13, 1990, letter from EPA Assistant Administrator William G.
Rosenberg to State Governors concerning early actions regarding
designations, classifications, and boundaries
EPA Regional Administrator letters to States (January 1991) on the
designation and classification steps, initial listing of State areas, and other
important "early" actions
Emissions Inventory/Modeling Sub-Work Group in-house document titled,
Requirements for Nonself-Generating or Rural Transport Areas, September
18, 1990; and Consideration Of Transported Ozone And Precursors And
Their Use In EKMA. EPA^50/4-89-010.)
Motor Vehicle
Inspection and
Maintenance (I/M)
Programs
I/M Fix-ups: In both marginal ozone nonattainment areas and
moderate CO nonattainment areas, any plan that already contains, or
was required by the 1977 Act to have contained, a basic I/M
program, must contain such a program meeting either all of EPA's
previous guidance on basic I/M programs or retaining the program
now in the plan, if more stringent than otherwise required. This
requirement is contained in section 182(a)(2)(B) for ozone areas and
in section 187(a)(4) for CO areas. The statute requires these
corrected plans "immediately" after enactment, since such plans
were required under prior law. EPA acknowledges that some areas
may have to enact further legislation to upgrade existing programs,
making this immediate deadline virtually impossible to meet. Such
12
-------
states should at a minimum immediately submit a schedule outlining
the necessary legislative steps and committing to meet the most
expeditious timeline possible for implementing them.
I/M for Moderate Ozone Areas: The CAAA require the plan for
all moderate ozone nonattainment areas to include a basic I/M
program whether or not such program was required under the 1977
Act This requirement is contained in section 182(b)(4). The statute
again requires these plans "immediately" after enactment, although
in a few cases such areas may be subject to this requirement for the
first time. Since (1) normally EPA would provide at least one year
for an area newly subject to such requirements to adopt and
implement an I/M program and (2) EPA will be revising its I/M
guidance [pursuant to section 182(a)(2)(B)(ii)]4, EPA will use its
authority under new section 110(k)(4) to conditionally approve basic
I/M programs in moderate ozone areas newly subject to the
requirement based upon the State's commitment to develop such
programs within one year from EPA's (conditional) approval of the
plan. States containing these areas should promptly submit schedules
outlining the steps necessary to develop and implement these
programs, and make enforceable commitments to adopt the programs
within one year. Generally, such programs should be effective within
one year of State adoption.
Where the boundary of a nonattainment area changes anytime
after enactment pursuant to the designation provisions of the
amended Act, EPA will again conditionally approve SIP revisions
based upon enforceable commitments, submitted promptly after the
designation, to adopt I/M programs within one year in any areas
newly subject to I/M requirements by virtue of the boundary change.
As discussed later in this document, areas classified at least serious
for ozone or CO will be required to adopt an "enhanced" I/M
program within two years of enactment. Thus, in some cases, areas
may become newly subject to both basic and enhanced I/M
requirements, with the basic VM requirements due shortly prior to
the deadline for submission of the SIP revision providing for the
enhanced I/M program. In such cases, timely submission of an
enhanced I/M program will make development of a basic I/M
program unnecessary and EPA will not require the submission of the
basic I/M requirements discussed above.
13
-------
Guidance:
Guidance on inspection and maintenance (I/M) programs to be available by
August 1991
Actions due by May 15,1991 (6 months after enactment)
RACT Fix-ups Under section 182(a)(2) of the new amendments, States with
existing areas designated nonattainment for ozone are required
within six months of their classification under section 181(a) to
submit revisions to the SIP that correct or add requirements
concerning reasonably available control technology (RACT) that
were required under section 172(b) of the Clean Air Act before the
1990 Amendments. Since (by operation of law) areas designated
nonattainment under the prior law were both designated
nonattainment and classified on the date of enactment (see
"Designation and Classifications" above), these RACT corrections
are due from these areas within six months from the date of
enactment (i.e., by May 15, 1991).
EPA has already notified states with existing nonattainment areas
of the need to correct discrepancies between their SIP's and the
applicable requirements of the law before the Amendments.
Guidance concerning the RACT requirements has also been issued
by EPA through control technique guidelines (CTG's) and other
guidance, notice of which has been published in the Federal
Register. The SIP revisions submitted by the States are expected to
comply with the EPA guidance. Areas are expected to adopt RACT
for various types of sources as explained in EPA's established
RACT interpretations, which are summarized in 52 FR 45044,
45068 (November 24, 1987) and in the RACT guidance referenced
in EPA's 1988 and 1990 SIP calls for ozone nonattainment. The
EPA guidance is also listed in Appendix A to this memorandum.
Guidance:
Notifications of SIP discrepancies -- 55 FR 30973 (July 30, 1990) and 53
FR 34500 (September 7, 1988)
RACT correction guidance -- 52 FR 45044, 45068 (November 24, 1987)
14
-------
Northeast Ozone
Transport
Commission
The CAAA provide for the establishment of a transport
commission to "assess the degree of interstate transport of the
pollutant or precursors to the pollutant throughout any transport
region, assess strategies for mitigating the interstate pollution, and
recommend to the Administrator such measures as the Commission
determines to be necessary to ensure that the plans for the relevant
States meet the requirements of Section 110(a)(2)(D)." [section
176A] In addition, section 184 of the CAAA specifically establishes
a transport region comprising the following: Connecticut, Delaware,
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New
York, Pennsylvania, Rhode Island, Vermont, and the consolidated
metropolitan statistical area (CMSA) containing the District of
Columbia. The commission5 for this region must be convened by
the Administrator by May 15, 1991 (6 months after enactment).
There are no specific transport-related SIP submittals that are
required during this time period from the States in the transport.
region. (Within 2 years, as discussed below, several important
submittals are required.) The primary action required of these States
by May 15, 1991, is that they specify their representatives to the
commission and participate in the commission meeting. The EPA is
contacting the affected States directly to determine meeting dates
and locations, other logistical arrangements, and important issues
needing to be addressed.
Guidance:
Correspondence from William K. Reilly, EPA Administrator, to Governors
of States located in the ozone transport region created under section 184(a),
March 28, 1991.
Actions Due by May 15,1992 (18 months after enactment)
Enhanced Monitoring
All SIP's for serious and above ozone nonattainment areas must
contain a program of measures designed to enhance and improve
both ambient air quality monitoring and emissions monitoring. The
enhanced program for ambient air quality monitoring should contain
measures for ozone, nitrogen oxides, and volatile organic compound
pollutants. States are required to take immediate action to adopt and
implement an enhanced monitoring program following EPA's
promulgation of rules regarding such programs. The EPA is required
to promulgate these rules by May 15, 1992 (18 months after
enactment). This requirement is contained in section 182 (c)(l).
15
-------
Upon promulgation of these rules, EPA will provide further
guidance as to the required actions and schedule for States.
Guidance:
Enhanced ambient air quality monitoring program for serious, severe, &
extreme ozone areas (May 92)
Actions Due by November 15, 1992 (24 months after enactment)
Emission Inventories Section 182(a)(l) requires all ozone nonattainment areas to submit
a comprehensive, accurate, current inventory of actual emissions
from all sources within 2 years of enactment. Section 187(a)(l) has
the same requirement for CO nonattainment areas. This inventory is
defined as the baseyear inventory and is for the calendar year 1990.
For ozone, the baseyear inventory includes both anthropogenic
and biogenic sources of VOC and NOX. The inventory (excluding
the biogenic portion) is the basis for meeting the milestone
requirement of 15 percent reduction over the first six years
(discussed below under submittals due within 36 months). This
inventory also serves as the basis for the 3 percent per year
reductions necessary for serious and above areas to achieve after the
first six years until the area reaches attainment (discussed below
under submittals due within 48 months).
In order to do the appropriate calculations to determine the
required reductions described above, the baseyear inventory must be
adjusted for those reductions that are not creditable [i.e. the Federal
Motor Vehicle Control Program (FMVCP) promulgated before
January 1, 1990, gasoline volatility rules promulgated before
enactment or required under section 211(h)].
The baseyear inventory plays an important role in modeling
demonstrations for moderate and above areas. Guidance is being
developed to aid States in preparing emission inventories for
photochemical grid modeling (for serious and above areas, and
multi-state moderate areas). This guidance will be available in May
1991.
16
-------
Because the baseyear inventory serves as the basis for so many
other inventories, the EPA has prepared general "getting started"
guidance for emission inventories. This guidance is to serve as a
starting point for States in preparing their 1990 baseyear inventories.
The EPA also has prepared updates to the Post-1987 Policy
Inventory Requirements Documents for both ozone and carbon
monoxide; these documents were available as of March 1991.
Another important aspect of the emission inventory requirements
of the CAAA is in section 182(b)(l)(A) and 182(c)(2)(B), which
requires a projection inventory to show how the emission reductions
(both the 15 percent for moderate and above areas and the 3 percent
thereafter for serious and above areas) will be met. The projection
inventory for the 15 percent reduction over the first 6 years (for
moderate and above areas) is due November 15, 1993, and the
projection inventory for the 3 percent per year from 1996 until
attainment (for serious and above areas) is due November 15, 1994.
The EPA is preparing guidance on projections which will be
available in July 1991.
Section 182(g) requires that a milestone demonstration be
submitted 90 days after an applicable milestone deadline has passed
(a milestone refers to the percent reduction requirements, therefore
the first milestone deadline is November 15, 1996). EPA is
currently working on guidance to determine what constitutes a
milestone demonstration that can be completed by the end of the 90
days period.
Guidance:
Compilation of air pollutant emission factors, Volume I and Supplements
A,B and C (AP-42)
- Vol.1 - U.S. Government Printing Office (GPO) stock #: 055-000-00251-7
- Supplement A - GPO stock #: 055-000-00265-7
- Supplement B - GPO stock #: 055-000-00278-9
- Supplement C - GPO stock #: 055-000-00369-6
Compilation of air pollutant emission factors, Volume II, mobile sources,
GPO stock # 055-000-00252-5 or NTIS stock # PB87-205266.
Procedures for emission inventory preparation: mobile sources
(EPA-450/4-81-026d) (July 1989; revised version to be completed in
May 91)
AIRS facility subsystem source classification codes (SCCs) and emission
factor listing for criteria pollutants (EPA-450/4-90-003) (Mar 90)
17
-------
SIP air pollutant inventory management system (SAMS) version 4.0 and
SAMS user's manual (Mar 91)
Emission inventory requirements for ozone State implementation plans
(EPA-450/4-91-010) (Mar 91)
Procedures for the preparation of emission inventories for precursors of
ozone, volume 1 (EPA-450/4-88-021) (Dec 88) (to be revised May 91)
Emission inventory requirements for carbon monoxide State implementation
plans (EPA-450/4-91-011) (Mar 91)
Guidance for the preparation of quality assurance plans for ozone/CO SIP
emission inventories (EPA-450/4-88-023) (Dec 88)
User's guide to MOBILE4 (mobile source emission factor model)
(EPA-AA-TEB-89-01) (Feb 89) (revised version to be released with
MOBILE 4.1, May 91)
Quality assurance program for post-1987 ozone and carbon monoxide State
implementation plan emission inventories (EPA-450/4-89-004) (Mar 89)
Procedures for estimating and applying rule effectiveness in post-1987 base
year emission inventories for ozone and carbon monoxide State
implementation plans (Jun 89)
Example emission inventory documentation for post-1987 ozone State
implementation plans (SIP's) (EPA-450/4-89-018) (Oct 89)
Guidance for initiating ozone/CO SIP emission inventories pursuant to the
1990 Clean Air Act Amendments (Feb 91)
VMT projection guidance (May-91)
Preparing emission inventories for the urban airshed model (UAM) (May
91)
Revised guidance for the preparation of emission inventories for carbon
monoxide and precursors of ozone (May 91)
Revised guidance for mobile source emission inventories including vehicle
miles travelled (May 91)
Form and content of emission statements for ozone State implementation
plans (Sep 91)
Preparing emission inventory projections (Jul-91)
18
-------
Conformity SIP's for all areas must include criteria and procedures by which
federal agencies and metropolitan planning organizations (MPO's)
must assess the conformity to the SIP of any plan, program, or
project subject to federal support or approval or MPO approval. This
requirement is contained in section 176(c)(4)(C). Such procedures
should be consistent with criteria and procedures that are required to
be published by the Administrator (in conjunction with the Secretary
of Transportation, as appropriate) by November 15, 1991 (1 year
after enactment).
Guidance:
Criteria to ensure conformity with State implementation plans (SEP's)
(Nov 91)
Contingency
Measures
Additional Ozone
Requirements
Section 172(c)(9) requires nonattainment plans to contain
additional measures that will take effect without further action by
the State or EPA if an area fails to make reasonable further progress
(RFP) or to attain the standard by the applicable date.
Section 182(c)(9) provides specific requirements for contingency
measures for serious and above ozone areas. Section 187(a)(2)
provides specific requirements for contingency measures for CO
areas with design values above 12.7 ppm. Section 182(a) specifically
exempts marginal ozone areas from the contingency requirements of
section 179(c)(9).
The specific requirements of sections 182 and 187, as described
above, effectively supersede the section 172(c)(9) general
requirements for contingency measures for certain areas. The
"remaining" areas (moderate ozone areas and moderate CO areas
with design values at or less that 12.7 ppm) must meet the
section 172(c)(9) requirements for contingency measures. The
contingency measures must be submitted in the 3-year submittal for
moderate and above ozone areas and in the 2-year submittal for
moderate CO areas (with design values at or below 12.7 ppm). The
4-year submittal for serious and above ozone areas must contain
contingency measures related to emission reduction "milestones" that
apply after 1996 [section 182(g)]. The General Preamble will
provide additional specification as to the requirements for
contingency measures.
Many States will have to adopt and implement certain
specifically-required control measures, especially in moderate and
19
-------
above ozone nonattainment areas. The SEP submittal due by
November 15, 1992, must include these measures.
RACT on VOC Sources: In addition to correcting SEP's under
section 182(a)(2)(A) to include previously required RACT
requirements (see RACT Fix-ups), States with moderate, serious,
severe or extreme ozone nonattainment areas are required to submit
SIP revisions within two years of enactment that contain certain
additional RACT measures. These SEP revisions must require the
application of RACT to all sources covered by any existing (pre-
enactment) Control Technique Guideline (CTG) and to all major
sources, even if not covered by a CTG. [Section 182(b) (2), (c), (d)
and (e)]. This requirement is sometimes referred to as "RACT
Catch-up."
The SEP revision must apply RACT requirements to all VOC
sources covered by any CTG issued before the date of enactment of
the new law even if the CTG was not previously applicable in the
area under EPA's guidance implementing the prior law. Under the
prior law, areas with the most serious and persistent nonattainment
problems have already had to apply RACT to all sources for which
a CTG has been issued. However, as discussed in the EPA
guidance on SIP corrections, under the prior requirements, some
nonattainment areas have not previously been called upon to apply
RACT to all sources for which there were CTG's. These included
areas that originally projected attainment by 1982 and were not
subject to a later EPA call for SEP revisions. Since the area
projected attainment by 1982, they had to apply RACT for the
source categories covered by Group I and n CTG's that had been
issued at that time, but they were not called upon to apply the
Group III CTG's issued after that date. Thus, the new law requires
that any moderate and above nonattainment areas not previously
subject to all the CTG's to "catch-up" and apply RACT to all
sources covered by all the CTG documents. Moderate and above
nonattainment areas that have not previously had to apply RACT to
sources covered by Group in CTG's will have to do so in the SIP
revisions. In addition, areas that had to apply CTG's only to major
sources under the prior law will have to revise their SIP's to apply
the CTG's to all sources, including non-major sources, that are
covered by any CTG. This requirement is not applicable, however,
to rural transport areas under section 182(h).
States must also develop and submit RACT rules for all other
major stationary sources of VOC in the moderate and above
20
-------
nonattainment areas even if no CTG has been issued by EPA with
respect to that source. [Section 182 (b)(2)(C)]. Areas with the more
serious and persistent nonattainment problems have already been
required to apply RACT to all major non-CTG VOC sources. Under
Section 182 (b)(2)(C), moderate to extreme nonattainment areas
which had not been called upon previously to apply RACT to all
major sources are required by the new amendments to "catch up"
and apply these measures. The definition of major source includes
increasingly smaller-size sources in areas with more severe
nonattainment problems. For moderate areas, major sources
continue to be defined as those that emit, or have the potential to
emit, 100 tons per year (tpy). Major sources in serious areas are
those that emit, or have the potential to emit, 50 tpy; for severe
areas, 25 tpy; and for extreme areas, 10 tpy. See section 182(c), (d)
and (e). The major source definition also includes a group of sources
located within a contiguous area and under common control.
Section 182(c),(d) and (e); House Report p. 234.
In addition, States must submit revisions applying RACT to
sources covered by CTG's that EPA issues after enactment of the
1990 Amendments, [section 182 (b)(2)(A)] Schedules for developing
RACT rules for these future CTG's will be set forth in each of the
CTG's.
Guidance:
Control techniques guideline (CTG) for control of VOC emissions from
surface coating operations: general control methods, Vol. I
(EPA-450/2-76-028) (Nov 76)
Control techniques guideline (CTG) for control of VOC emissions from
surface coating of cans, coils, paper, fabrics, automobiles, and light-duty
trucks. Vol. II (EPA-450/2-77-008) (May 77)
Control techniques guideline (CTG) for control of hydrocarbons from tank
truck gasoline loading terminals (EPA-450/2-77-026) (Oct 77)
Control techniques guideline (CTG) for control of refinery vacuum
producing systems, wastewater separators & process unit turnarounds
(EPA^50/2-77-025) (Oct 77)
Control techniques guideline (CTG) for control of VOC emissions from
solvent metal cleaning (EPA-450/2-77-022) (Nov 77)
Control techniques guideline (CTG) for control of VOC emissions from
surface coating of metal furniture. Vol. in (EPA-450/2-77-032)(Dec 77)
21
-------
Control techniques guideline (CTG) for control of emissions from surface
coating of magnet wire, Vol. IV (EPA-450/2-77-033) (Dec 77)
Control techniques guideline (CTG) for control of VOC emissions from
surface coating of large appliances, Vol. V (EPA-450/2-77-034) (Dec 77)
Control techniques guideline (CTG) for control of VOC emissions from
storage of petroleum liquids in fixed-roof tanks (EPA-450/2-77-036 or PB
2767491AO3) (Dec 77)
Control techniques guideline (CTG) for control of VOC's from bulk
gasoline plants (EPA-450/2-77-035) (Dec 77)
Control techniques guideline (CTG) for control of VOC's from use of
cutback asphalt (EPA-450/2-77-037) (Dec 77)
Control techniques guideline (CTG) for control of VOC leaks from
petroleum refining (EPA-450/2-78-036) (Jun 78)
Control techniques guideline( CTG) for control of VOC emissions from
coating of miscellaneous metal parts and products(EPA-450/2-78-015)(Jun
78)
Control techniques guideline (CTG) for control of VOC emissions from
surface coating of flat wood paneling (EPA-450/2-78-032) (Jun 78)
Control techniques guideline (CTG) for control of VOC emissions from
manufacture of synthesized pharmaceutical products (EPA-450/2-78-029)
(Dec 78)
Control techniques guideline (CTG) control of VOC emissions from
manufacture of pneumatic rubber tires (EPA-450/2-78-030) (Dec 78)
Control techniques guideline (CTG) for control of emissions from graphic
arts rotogravure and flexography (EPA-450/2-78-033) (Dec 78)
Control techniques guideline (CTG) control of VOC emissions from
petroleum liquid storage in external floating roof tanks (EPA-450/2-78-047
or PB290579) (Dec 78)
Control techniques guideline (CTG) for control of VOC leaks from gasoline
tank trucks and vapor collection systems (EPA-450/2-78-051) (Dec 78)
Control techniques guideline (CTG) control of VOC emissions from large
petroleum dry cleaners (EPA-450/3-82-009) (Sep 82)
Control techniques guideline (CTG) for manufacture of high density
polyethylene, polypropylene, and polystyrene resins (EPA-450/3-83-008)
(Nov 82)
22
-------
Control techniques guideline (CTG) for control of VOC equipment leaks
from natural gas/gasoline processing plants (EPA-450/3-83-007) (Dec 83)
Control techniques guideline (CTG) for control of fugitive emissions from
synthetic organic chemical manufacturing industry (SOCMI)
(EPA-450/3-83-006) (Dec 83)
Control technique guideline (CTG) for control of SOCMI air oxidation
processes (EPA-450/3-84-01) (Dec 83)
Control technique guideline (CTG) for control of volatile organic liquids
(VOL) storage vessels (Dec 83)
Issues relating to VOC regulation outpoints, deficiencies, and deviations:
clarification to Appendix D of November 24, 1987 Federal Register (Blue
book, revised 1/11/90)
Implementation of future control measures: a guidance document presenting
the criteria for the structure of rules (i.e., appropriate recordkeeping, test
methods, etc.) for future measures such as RACT rules, etc. (Nov 91)
Control Technique Guidelines (CTG's) for 11 Categories (Nov 93)
Control Technique Guideline (CTG) for Aerospace Coating (Nov 93)
Control Technique Guideline (CTG) for Shipbuilding and Repairing
Industries (Nov 93)
RACT for NO, Major Sources: The Amendments contain several
provisions for reducing emissions of oxides of nitrogen (NOJ in
order to help attain the ozone standard. Subject to certain exceptions
(described below), the State plan must provide for the same controls
for major stationary sources of NOX that apply to major sources of
volatile organic compounds (VOC's). [Section 182(f)]. Accordingly,
(for areas classified as moderate or higher) the State plan must be
revised within two years to require the implementation of RACT
regulations for major stationary sources of NO, to the same extent
required under section 182(b) (2) (C) and (c), (d), and (e) for
sources of VOC's. (See "RACT on VOC Sources" above.)
Under section 182(f), the requirements for NOX reductions are not
applicable (1) if EPA determines that the air quality benefits are
greater in the absence of the NOX reductions or (2) if the reductions
do not contribute to attainment of the ozone standard (for an area
that is not within an ozone transport region) or produce net air
quality benefits (for an area that is within an ozone transport
region). EPA, in conjunction with the National Academy of
23
-------
Sciences, is required to complete (including allowing for a public
comment period) within 15 months of enactment (by February 15,
1992) a study that examines the role of NOX emissions reductions
and the extent to which the reductions may be counterproductive in
achieving ozone attainment in different areas. [Section 185B.] Any
person may petition EPA under section 182(f)(3) to determine the
applicability of the exceptions after the final EPA study is submitted
to Congress. EPA is to grant or deny the petition within 6 months
after submittal.
Guidance:
EPA study (in conjunction with the National Academy of Sciences) on the
role of NO, emissions reductions and the extent to which the reductions
may be counterproductive in achieving ozone attainment in different areas.
(submitted to Congress by February 15, 1992 - 15 months after enactment)
Stage II: Each state must submit a SIP revision requiring, in all
moderate, serious, severe, and extreme ozone nonattainment areas,
all owners and operators of gasoline dispensing systems to install
and operate a gasoline vapor recovery system ("Stage II") used for
the refueling of motor vehicles. [Section 182(b)(3)(A)]. Only
facilities that sell more than 10,000 gallons of gasoline per month
(gal/mo) are subject to these provisions. Independent small business
gas marketers are subject to these provisions only if they sell more
than 50,000 gal/mo.
After the State adopts these SIP revisions, the following facilities
must implement Stage n within the listed time periods:
(1) 6 mos.~ facilities which began construction after November
15, 1990;
(2) 1 year - facilities dispensing at least 100,000 gal/mo based
on the average monthly sales for the two years preceding
the date the state adopts Stage n requirements and which did
not begin construction after November 15, 1990;
(3) 2 years ~ all other facilities.
Once EPA promulgates standards under Section 206(a)(6)
requiring that certain vehicles be manufactured with "onboard"
vehicle emission control systems, moderate areas are no longer
subject to Stage II requirements. EPA may waive or revise Stage II
24
-------
requirements for serious, severe and extreme areas after EPA
determines that onboard controls are in wide-spread use within the
existing motor-vehicle fleet
Guidance:
Background information on control effectiveness of Stage II vapor recovery
systems (Nov 91)
Enhanced I/M Programs: The CAAA require all serious and
above ozone areas and moderate CO areas with a design value
greater than 12.7 ppm to adopt enhanced inspection and maintenance
(I/M) programs. These programs are due within two years of
enactment for all urbanized areas with a 1980 population of 200,000
or more. The programs are to comply with EPA guidance (that will
be issued within one year of enactment) that defines a performance
standard and establishes program administration features. Enhanced
I/M programs must include computerized emission analyzers, certain
waiver restrictions, and, generally, enforcement through vehicle
registration denial and annual centralized testing and inspection.
This requirement is contained in section 182(c)(3) for ozone areas
and in section 187(a)(6) for CO areas.
Guidance:
Revised guidance on motor vehicle inspection and maintenance (I/M)
programs, including guidance on enhanced I/M (expected to be available by
Aug 91)
California Pilot Program for Clean Fuels and "Opt-In" by Other
States: California must submit a SIP revision requiring that
sufficient clean alternative fuel be produced and distributed in
California to support the Title II mandatory clean-fuel vehicle pilot
program, which begins in model year 1996. This requirement is
contained in section 249(c). The revision must require an adequate
number of supply locations with sufficient geographic distribution to
ensure convenient refueling of such vehicles.
Any serious, severe or extreme ozone nonattainment area may
opt-in to the pilot program by submitting a revision providing
incentives for the sale or use of clean-fuel vehicles and clean
alternative fuels as mandated in the California program. This
requirement is contained in section 249(f). Such revisions must
25
-------
comply with EPA regulations to be promulgated within two years of
enactment, and may not take effect until one year after a state has
notified vehicle manufacturers and fuel suppliers of such
requirements.
The incentives may include a registration fee on non-clean-fuel
vehicles, provisions to exempt clean-fuel vehicles from certain
transportation control measures, or preferential parking provisions
for clean fuel vehicles. The revisions may not include any
production or sales mandates for clean-fuel vehicles or clean
alternative fuels, and may not provide sanctions or penalties for
failure to produce or sell such vehicles or fuels. In addition, the
incentives may not apply to fleet vehicles covered by the clean-fuel
vehicle fleet program.
Guidance:
Guidance for States to Opt-In to California Pilot Program (Nov 92)
Substitutes for Clean-Fuel Vehicle Program: Certain serious,
severe, and extreme ozone nonattainment areas (as well as CO areas
with design values of 16.0 ppm or higher) are required to submit
SIP revisions with clean-fuel vehicle fleet programs (as required by
section 296) by May 15, 1994 (42 months after enactment). These
programs require fleet operators with over 10 vehicles to start
phasing in the use of "clean fuel vehicles" on a set schedule. Areas
with 1980 populations of 250,000 or more must adopt the programs.
If an area chooses to adopt and implement another program
instead of the clean-fuel vehicle fleet program or the California pilot
program, it must submit a SIP revision containing the substitute
measure by November 15, 1992. The substitute measures are to
comply with guidance to be issued by the EPA and must
demonstrate that reductions in ozone precursor and toxic air
emissions are equal to those that would be achieved under the clean-
fuel vehicle program. Substitute measures may not include any
measures otherwise required by the CAAA. Additional discussion of
the clean-fuel vehicle fleet program is provided later in this
document
Guidance:
Clean-fuel vehicle fleet programs for serious ozone areas with populations >
250,000 (Nov 91)
26
-------
Transportation Control Measures (TCM's): For all severe and
extreme ozone areas (and serious CO areas and Denver, CO, as
discussed below), plans must include enforceable transportation
control measures to offset any growth in emissions from growth in
vehicle miles traveled and number of vehicle trips, and to achieve
reductions in mobile source emissions as necessary to comply with
the periodic emission reduction requirements of the CAAA. These
measures are due within two years of enactment. States should
choose from measures listed in section 108(f) and should ensure
adequate access to areas of high population without relocating
emissions and congestion. This requirement is contained in section
182(d)(l)(A) for ozone areas [and section 187(b)(2) for CO areas
(section 187(a)(2)(B) for Denver)].
Guidance:
Evaluation, development, and implementation of transportation control
measures (Nov 91)
Transportation control measures: State implementation plan guidance (final
report) (Sep 90)
Employer Trip-Reduction Programs: For all severe and extreme
ozone areas, the SIP's submittal must include employer trip-
reduction programs. These programs must require employers of 100
or more employees to implement programs that will increase
average passenger occupancy per commuting vehicle during rush
hours by at least 25% above the average occupancy rate in the area
at the time of SIP submittal. The programs are to be consistent with
EPA guidance, which may specify average occupancy rates for
various locations. The SIP submittals that include these programs
are due within two years of enactment, and must require subject
employers to submit compliance plans by the fourth year after
enactment that demonstrate that the employer will be in compliance
by the sixth year of enactment. This requirement is contained in
section 182(d)(l)(B).
Guidance:
Section 108(0 transportation control measure (TCM) information document
on employer trip-reduction programs (Nov 91)
27
-------
New Source Review (NSR) Program: All ozone nonattainment
areas must submit within 2 years of enactment NSR programs that
comply with the provisions of section 182 that apply to their
classification. These requirements will be delineated in rules to be
proposed by EPA by September 1991.
Under section 182(f), the State plans must also apply new source
review (NSR) to major new sources of NOX to the same extent
required for major new sources of VOC's. [sections 182(a)(2)(C),
(c), (d), and (e)] NOX sources in NO2 attainment areas must also
meet the PSD requirements.
Guidance:
Permit programs for stationary sources NSR prevention of significant
deterioration and nonattainment area guidance notebook (Jan 88)
Proposed NSR/PSD rule implementing Clean Air Act related changes
(Sep 91)
Model permits for VOC sources (Oct 91)
Final NSR/PSD rule changes which implement CAAA related changes
(Aug 92)
NSR/PSD Guidance Documents: Draft NSR workshop manual dtd. October
1990 (Dec 90)
NSR/PSD construction permit transitional guidance (Mar 91)
Requirements for the Some of the above control measures for nonattainment areas must
Transport Region also be implemented throughout the ozone transport region6 (except
in the nonattainment areas, in which more stringent requirements
would be in effect). These measures are as follows:
RACT on VOC sources:
- RACT rules for each stationary source category covered by a
CTG issued before enactment.
- RACT on major VOC sources not covered by a CTG. Major
is defined as having a potential to emit at least 50 tons per
year.
- A commitment to adopt RACT rules for source categories
covered by CTG's issued after enactment
28
-------
RACT on NO, sources:
- Because of the section 182(f) requirement for applying the
same subpart 2 provisions that apply to major VOC sources
to major NO, sources, RACT rules must be developed for
major NO, sources. Exemptions from the NO, requirement
are available if the NO, reductions would not produce net
ozone air quality benefits in the region [as contained in
section 182(0]. A 100-ton major NO, source definition
applies in the region, except for NO, sources located in
serious areas (50 tpy) and severe areas (25 tpy).
NSR on VOC and NO. sources:
- The New Source Review (NSR) program must apply
throughout the region to VOC and NO, sources. The
definitions of major source for VOC and NO, sources are the
same as the VOC and NO, definitions used for RACT
requirements in the region. Exemptions from the NO,
requirement are available if the NO, reductions would not
produce net ozone air quality benefits in the region [as
contained in section 182(f)]«
Enhanced I/M:
- For areas within an ozone transport region, all MSA's or
CMSA's with populations of 100,000 or more must have
enhanced I/M programs, even if they are designated
attainment or unclassifiable for ozone. This requirement is
contained in section 184(b)(l)(A).
Additional CO VMT Forecast: For all moderate CO areas with a design value
Requirements above 12.7 ppm, states must forecast vehicle miles travelled (VMT)
for each year until the projected attainment date and subsequently
update the forecasts annually, including estimates of actual VMT in
each past year. In addition, plans must contain contingency measures
to take effect automatically if actual VMT levels or updated
projections exceed the previously projected levels (see discussion
below). The VMT forecasts must comply with EPA guidance to be
promulgated within six months of enactment in consultation with the
Department of Transportation. This requirement is contained in
sections 187(a)(2) and (3).
29
-------
Guidance:
Guidance on forecasting vehicle miles of travel (VMT) (May 91)
NSR Program: All CO areas with design values above 12.7 ppm
must submit NSR programs at the time their attainment
demonstrations are due (i.e., within 2 years of enactmentsee
discussion below). The provisions of these plans must be developed
in accordance with the requirements of sections 172(c)(5) and 173.
The rules to be proposed by EPA by September 1991 will also
delineate the requirements for CO NSR programs. The General
Preamble will describe the schedule for adopting NSR rules in other
CO areas (i.e., those with design values at or below 12.7 ppm).
Guidance:
Permit programs for stationary sources NSR prevention of significant
deterioration and nonattainment area guidance notebook (Jan 88)
Proposed NSR/PSD rule implementing Clean Air Act related changes
(Sep 91)
Model permits for VOC sources (Oct 91)
Final NSR/PSD rule changes which implement CAAA related changes
(Aug 92)
NSR/PSD Guidance Documents: Draft NSR workshop manual dtd. October
1990 (Dec 90)
NSR/PSD construction permit transitional guidance (Mar 91) (see Appendix)
CO Areas with Significant Stationary Source Contributions: Any
CO area may apply to the Administrator for case-by-case waivers of
any requirements pertaining to transportation controls, I/M or
oxygenated fuels where the Administrator determines that mobile
sources of CO do not contribute significantly to CO levels. For
serious areas in which stationary sources do make a significant
contribution to CO levels (as determined under guidance to be
issued by EPA by May 15, 1991), each such area must submit
within 2 years after enactment (November 15, 1992) a plan revision
to lower the major stationary size cutoff to 50 tons per year. This
provision is contained in section 187(c)(l).
30
-------
Guidance:
Guidelines for and rules determining whether stationary sources contribute
significantly to CO levels in an area (May 91)
Enhanced I/M: The CAAA require moderate CO areas with a
design value greater than 12.7 ppm to implement enhanced I/M
programs in urbanized areas with a 1980 population of 200,000 or
more. The programs are to comply with EPA guidance (to be
issued within one year of enactment) that defines a performance
standard and establishes program administration features. Enhanced
VM programs must include computerized emission analyzers, certain
waiver restrictions, enforcement through vehicle registration denial,
and, generally, annual centralized testing and inspection. This
requirement is contained in section 187(a)(6) for CO areas.
Guidance:
Revised guidance on motor vehicle inspection and maintenance (I/M)
programs, including guidance on enhanced I/M (Aug 91)
Contingency Measures: Section 187(a)(3) requires that all carbon
monoxide (CO) nonattainment areas with a design value greater than
12.7 ppm must submit a plan revision containing contingency
measures. The contingency measures would be implemented if the
estimate of actual VMT which is submitted in an annual report
exceeds the most recent prior forecast of VMT (discussed above).
[See section 187(a)(2)]. Additionally, failure of an area to attain the
CO national ambient air quality standard by the applicable
attainment date would also trigger implementation of the
contingency measures. The CAAA state that the contingency
measures are to take effect without further action by the State or
EPA, which indicates that the measures should be pre-adopted by
the State before submittal to EPA. The contingency measures should
be transportation control measures and trip reduction ordinances
directed at reducing VMT and mobile source emissions, but other
types of measures may also be included.
Guidance:
Contingency Measures (general guidance and specific guidance for ozone
and CO areas) (Nov 91)
31
-------
Transportation Control Measures (TCM's): Serious CO areas
(and Denver, Colorado) must adopt and implement enforceable
transportation control measures, as specified for certain ozone areas
in section 182(d)(l), to (1) offset any growth in emissions from
increases in vehicle miles traveled and in numbers of vehicle trips,
and (2) achieve reductions in mobile source emissions as necessary
to comply with the periodic emission reduction requirements of the
CAAA. States should choose from measures listed in section 108(f)
and should ensure adequate access to areas of high population
without relocating emissions and congestion. This requirement is
contained in section 187(b)(2) for CO areas [section 187(a)(2)(B) for
Denver]. All CO areas covered by the clean-fuel vehicle fleet
program (except for New York) as well as Denver must explain why
any section 108(f) measure is not adopted, what emission reduction
measures provide comparable reductions, or why such reductions are
not necessary to attain the CO NAAQS.
Guidance:
Guidance on transportation control measures (TCM's) (Nov 1991)
Oxygenated Fuels: The CAAA require CO areas to adopt SIP
provisions regulating the oxygen content of gasoline in accordance
with the program prescribed in Tide El7. All CO nonattainment
areas with design value of 9.5 ppm or above must submit revisions
which require that all gasoline sold within the CMSA containing the
nonattainment area (or MSA if the area is not located in a CMSA)
contain at least 2.7 percent oxygen by weight during that portion of
the year in which the area is prone to high CO concentrations. This
requirement is contained in section 211(m). The relevant period
during which the program must apply shall be determined by the
Administrator, and shall not be less than four months unless the
state demonstrates that a shorter period will suffice to assure that no
CO NAAQS exceedances occur outside of that period. These
programs must take effect by November 1, 1992. The Administrator
can waive or delay these requirements under certain conditions
related to the effect of attainment of any other NAAQS, the
contribution of stationary sources to the nonattainment problem, or
the domestic supply or distribution capacity for oxygenated fuels.
These conditions as well as other details of the oxygenated fuels
requirement will be addressed in the guidance on the oxygenated
fuels program anticipated to be published in August 1991.
32
-------
Guidance:
Guidelines for the implementation of oxygenated fuel programs, including
information on the use of marketable credits (Aug 91)
Attainment Demonstration: Section 187(a)(7) requires all CO
areas with a design value greater than 12.7 ppm to submit a
demonstration that their plans will be sufficient to provide for
attainment by the required deadline and annual emission reductions
as necessary to achieve the standard by that date. This demonstration
is due by November 15, 1992 (2 years after enactment).
Substitutes for Clean-Fuel Vehicle Program: CO areas with
design values of 16.0 ppm or higher (as well as certain serious,
severe, and extreme ozone nonattainment areas) are required to
submit SIP revisions with clean-fuel vehicle fleet programs (as
required by section 296) by May 15, 1994 (42 months after
enactment). These programs require fleet operators with over 10
vehicles to start phasing in the use of "clean fuel vehicles" on a set
schedule. Areas with 1980 populations of 250,000 or more must
adopt the programs.
If an area chooses to adopt and implement another program
instead of the clean-fuel vehicle fleet program or the California pilot
program, it must submit a SIP revision containing the substitute
measure by November 15, 1992. The substitute measures are to
comply with guidance to be issued by the EPA and must
demonstrate that reductions in CO and toxic air emissions are equal
to those that would be achieved under the clean-fuel vehicle
program. Substitute measures may not include any measures
otherwise required by the CAAA. Additional discussion of the
clean-fuel vehicle fleet program is provided later in this document.
Guidance:
Clean fuel fleet programs for serious ozone areas with populations >
250,000 (Nov 91)
Planning Procedures Each State with an ozone or carbon monoxide nonattainment area
is to review and update the SIP planning procedures or develop new
planning procedures as appropriate. The planning procedures pertain
to all implementation plan(s) required under Part D of the Act. This
action is to be undertaken jointly with elected officials of affected
local governments. The requirement is contained in section 174 (a).
33
-------
State planning procedures must identify the degree of
participation in planning and implementation of the SIP by various
governmental bodies. That is, the procedures are to set forth which
implementation plan elements are to be developed, adopted,
implemented and enforced by the state and local governments or
regional agencies, or combination thereof. The procedures must also
identify the designated SIP planning agency responsible for
preparation of the implementation plan or elements of the plan
taking into account the participation determinations stated above.
To meet this requirement, EPA is requesting that each state
jointly review its current SIP planning procedures with officials of
affected local governments and submit either 1) a letter to EPA for
acceptance which affirms its current EPA-approved SIP planning
procedures without change and describes, at a minimum, the items
previously noted; or, 2) if updating and development are necessary,
a SIP revision containing the newly updated and developed planning
procedures.
Guidance:
Transportation control measures: State implementation plan guidance (final
report) (Sep 90)
Update of the June 6, 1978 Transportation Air Quality Guidelines (Aug 91)
State and local transportation planning procedures (Aug 91)
Guidance on consultation on transportation-related aspects of SEPs (Nov 91)
Actions Due by November 15, 1993 (36 months after enactment)
Plan for Reasonable Section 182(b)(l) requires all ozone nonattainment areas classified
Further Progress moderate and above to submit a plan revision containing additional
(RFP) (15% measures as necessary to provide for net reductions in volatile
reduction organic compound (VOC) emissions of at least 15 percent during the
requirement) first six years after enactment. The baseline from which the 15
percent reduction is calculated is defined as all anthropogenic
emissions during calendar year 1990 excluding the emissions that
would be eliminated by (1) regulations under the Federal Motor
Vehicle Control Program (FMVCP) promulgated by January 1,
1990, and (2) gasoline volatility (or RVP--Reid Vapor Pressure)
regulations promulgated by November 15, 1990 or required to be
34
-------
promulgated under section 211(h). Emission reductions from the
following types of regulations are not creditable toward the 15
percent progress requirement:
FMVCP regulations promulgated by EPA by January 1, 1990
RVP regulations promulgated by EPA by November 15, 1990
or required to be promulgated under section 211(h)
Regulations submitted to correct deficiencies in existing VOC
RACT regulations as required under section 182(a)(2)(A)
Regulations submitted to correct deficiencies in I/M programs
as required under section 182(a)(2)(B)
A nonattainment area can achieve less than the 15 percent
required reductions if the State can demonstrate that (1) the area has
a new source review program equivalent to the requirements in
extreme areas [Section 182(e)], except that "major source" must
include any source which emits, or has the potential to emit, 5 tons
per year of VOC's. Additionally, all major sources (down to 5 tons
per year) in the area must have RACT level controls. The plan must
also include all measures which can be feasibly implemented in the
area in light of technological achievability. Finally, the State must
demonstrate that the plan includes all measures achieved in practice
by sources in the same source category in nonattainment areas of the
next higher classification. The waiver for the 15 percent progress
requirement cannot apply to nonattainment areas classified as
extreme.
In addition to the 15 percent progress requirement for reducing
VOC emissions, section 182(b)(l)(A) also requires that the plan due
by November 15, 1993, provide for specific annual reductions of
VOC and NO, necessary to attain the standard by the applicable
attainment date. States must show in this submittal that their plans
will reduce VOC and NOX emissions sufficiently to attain the
standard by the applicable date. (See discussion below regarding
demonstration requirements for serious and above areas.) The
requirement for reductions in NOX will not apply if EPA determines
that such reductions do not contribute to attainment of the ozone
standard. [Moderate multi-state ozone areas must use a
photochemical grid model for their demonstrations. The General
Preamble will describe the specific requirements and schedules for
these submittals.]
Section 182(c)(2)(A) specifies that serious and above areas must
base their attainment demonstrations (due 4 years after enactment)
35
-------
on photochemical grid modeling. This demonstration for serious and
above areas will satisfy the requirement under section 182(b)(l)(A)
(discussed above) to "provide for specific annual reductions in VOC
and NO, reductions as necessary to attain" by the applicable
deadline.
Guidance:
Determining and calculating emission reductions needed to ensure
reasonable further progress (15% reduction of VOC emissions within 6
years in moderate ozone areas plus 3% annual reductions beginning 6 years
after enactment in serious areas) and demonstration of attainment (specific
annual reductions in VOC and NO, emissions to attain NAAQS) (Nov 91)
Guidance (pursuant to section 183(d)) on analyzing cost-effectiveness of
different options for emissions controls (This guidance should aid States in
developing cost-effective control strategies.) (Nov 91)
Contingency Section 182(c)(9) requires that all ozone nonattainment areas
Measures classified serious or higher must submit a plan revision to provide
for contingency measures. The contingency measures would be
implemented if the area fails to meet any applicable milestone under
Section 182(g). The CAAA state that the contingency measures are
to take effect without further action by the State or EPA, which
implies that the measures should be pre-adopted by the State before
submittal to EPA. Since contingency measures are needed with each
"set" of measures submitted to meet required milestones, States must
submit contingency measures within 3 years from enactment for the
SIP revision that will achieve the 15 percent VOC emission
reduction, as required in section 182(b)(l)(A). Similarly,
contingency measures must be included in the submittal required
within 4 years from enactment that will demonstrate attainment and
show annual average emission reductions equal to at least 3 percent.
[section 182(c)(2)]
Section 172(c)(9) provides general contingency requirements
which are applicable to moderate ozone areas. These measures
would be implemented if the area failed to make reasonable further
progress (RFP) or to attain by the applicable date. The contingency
measures are required in the 3-year submittal since it is that
submittal for moderate areas that provides for RFP and attainment of
the standard.
36
-------
Actions Due by November 15, 1994 (48 months after enactment)
Attainment Section 182(c)(2) requires that serious and above ozone
Demonstration nonattainment areas submit an attainment and reasonable further
progress (RFP) demonstration within 4 years after enactment. The
attainment demonstration must be based on photochemical grid
modeling or any other analytical method determined by EPA to be
at least as effective. The RFP demonstration must provide for
average annual reductions in VOC emissions of at least 3 percent
per year (averaged over 3 year periods) until the attainment date.
A nonattainment area can achieve less than the 3 percent per
year required reductions if the State can demonstrate that the plan
includes all measures which can be feasibly implemented in the
area, in light of technological achievability. The State must also
demonstrate that the plan includes all measures achieved in practice
by sources in the same source category in nonattainment areas of the
next higher classification. The waiver for the 3 percent per year
progress requirement cannot apply to nonattainment areas classified
as extreme. A determination of the waiver from the 3 percent per
year requirement will be reviewed at each milestone under 182(g)
and revised to reflect the availability of any new technologies or
other control measures for sources in the same category. The
baseline for the 3 percent per year reductions and creditability
requirements are the same as for the 15 percent progress
requirement under Section 182(b)(l).
Emission reductions from NOX sources can be substituted for
VOC emission reductions if the resulting reduction in ozone
concentrations is at least as equivalent to that which would result
from VOC emission reductions. NO, emission reductions are subject
to the creditability provisions under section 182(b)(l)(C) and (D).
Guidance:
Guidance regarding the conditions under which NO, control may be
substituted for VOC control or combined with VOC control to maximize the
reduction of ozone concentrations (Nov 91)
Guideline on Air Quality Models, including Supplement B, provides
guidance on determining equivalent analytical methods (latest version
expected to be published in late 1991)
37
-------
Contingency As discussed above under the 3-year submittal requirements for
Measures ozone areas, section 182(c)(9) requires ozone nonattainment areas
classified serious or higher to submit a plan revision to provide for
contingency measures. The contingency measures would be
implemented if the area fails to meet any applicable milestone under
Section 182(g). The CAAA state that the contingency measures are
to take effect without further action by the State or EPA, which
implies that the measures should be pre-adopted by the State before
submittal to EPA. The 3-year submittal contains contingency
measures for measures submitted to meet the 15 percent VOC
emission reduction requirement [section 182(b)(l)]. The 4-year
submittal contains contingency measures for measures submitted to
meet the attainment demonstration and RFP requirements of
section 182(c)(2).
Clean-Fuel Vehicle
Fleet Programs
The CAAA contain certain requirements for specified serious
ozone areas to adopt SIP provisions to implement the clean-fuel
vehicle programs prescribed in Title n. This requirement is
contained in section 182(c)(4).
All serious ozone nonattainment areas with a 1980 population of
250,000 or more, and all CO nonattainment areas with 1980
population of 250,000 or more and design value of 16.0 ppm or
higher (excluding areas where mobile sources do not contribute
significantly to CO exceedances), must submit SIP revisions
providing for clean-fuel vehicle fleet programs by May 15, 1994, (42
months from enactment). This requirement is contained in
section 296.
The programs must require a specified percentage of fleet
vehicles in model year 1998 and thereafter to be clean-fuel vehicles
and use clean alternative fuels when operating in the area. For light-
duty vehicles and light-duty trucks the required percentage must be
30% in 1998, 50% in 1999 and 70% in 2000. For heavy-duty trucks
the percentage must be 50% in each such year. Light-duty vehicles
and light-duty trucks for these model years must also meet the Title
II clean-fuel vehicle standards for model year 2001. If such vehicles
are not available in California in advance of model year 2001, the
phase-in schedules will be delayed accordingly.
Some of the major program requirements include: requirements
for fuel providers to make clean alternative fuel available to fleet
38
-------
operators; coverage of federal fleets (except certain vehicles certified
by the Secretary of Defense on national security grounds);
provisions for the issuance of credits (consistent with EPA
regulations due 1 year from enactment) for purchasing more vehicles
than required or vehicles which meet more stringent standards, or
purchasing vehicles prior to the effective date of the program. In
addition, certain transportation control measures may not apply to
covered fleet vehicles, consistent with EPA regulations due 1 year
from enactment.
Guidance:
Clean fuel fleet programs for certain ozone and CO areas with populations >
250,000 (Nov 92)
Regulations regarding the issuance of credits and the applicability of
transportation control measures to clean fuel fleets (Nov 91)
Requirements for the
Ozone Transport
Region
All attainment areas and all nonattainment areas not otherwise
subject to Stage II requirements will be subject to Stage II
requirements or other control measures capable of achieving
comparable emission reductions. [Section 184(b)(2)]. By November
15, 1993, EPA will complete a study identifying control measures
capable of achieving emission reductions comparable to those
achievable by Stage II. Within one year of that time, each state in
an ozone transport region must submit a SIP that reflects the
implementation of either these comparable measures identified by
EPA or Stage H.
Part 3: Transition Requirements
Phase II of SIP Calls
EPA has issued SIP calls under section 110(a)(2)(H) of the Clean
Air Act (prior to the 1990 Amendments) to many areas based on a
finding that the SIP's for those areas were substantially inadequate
to provide for timely attainment of the ozone and/or CO NAAQS8.
In these SIP calls, EPA stated that states should respond in two
phases to produce SIP's that would be adequate to attain and
maintain the standards. EPA first required states, in Phase I of their
response, to update their emission inventories and make corrections
in previously required regulations imposing reasonably available
39
-------
control technology (RACT) on existing stationary sources. Phase I
responses were due generally in the Fall of 1989.
EPA has advised states that they could delay submitting Phase n
responses that would include a full attainment demonstration and all
additional regulations necessary to support such demonstrations until
EPA completed its policy on post-1987 nonattainment planning.
Since EPA did not complete its post-1987 ozone/CO policy in
anticipation of passage of the amendments to the Act, EPA has
never set a date for Phase n SIP call responses9. However, the basis
underlying the SIP calls remains valid even under the amended Act.
The SIP's for the affected areas are still substantially inadequate to
attain the relevant NAAQS. Since the date for submission of Phase I
SIP call responses has already passed, and the amended Act requires
all areas subject to the RACT-correction aspects of the SIP calls to
submit those corrections within six months of enactment, the
requirement for the Phase I response to the SIP calls remains in
effect. Thus, all areas currently subject to the RACT-correction
aspects of the 1988 and 1989 ozone SIP calls under the 1977 Act
should submit RACT corrections as soon as possible.
However, as to Phase II SIP call responses, the amended Act
alters both the substantive requirements and submission deadlines
for full attainment demonstrations and their component control
measures. Thus, although the obligation to submit a SIP adequate to
attain and maintain the NAAQS remains in all SIP call areas, both
the necessary elements of such plans and the timing of the plan
submissions is now governed by the requirements of sections 182
and 187 of the amended Act. EPA therefore will not require Phase
II SIP call response submissions on any schedule different from the
schedules established by those sections. States should respond to
Phase n of the SIP calls by making the submissions otherwise
required by sections 182, 184 and 18710.
It should be noted that section 173(b) of the amended Act
restricts the use of growth allowances in all areas that received SIP
calls under the 1977 Act. The fact that EPA is not requiring the
submission of separate Phase II SIP call responses does not affect
this provision; all of these areas remain areas that received SIP calls
under the 1977 Act.
40
-------
Lifting of The amended Act repeals the provisions found in section
Construction Bans 110(a)(2)(I) of the 1977 Act that authorized EPA to impose a
construction moratorium in nonattainment areas that fail to submit
plans meeting all of the requirements of Part D of the Act. The
amended Act also contains a savings clause in section 110(n)(3) that
preserves certain existing construction bans; construction bans
remain in place only where imposed by virtue of a finding that (1)
the plan for the area did not contain an adequate new source review
permitting program as required by section 172(b)(6) of the 1977
Act, or (2) the plan failed to provide for timely attainment of the
SO2 NAAQS.
Thus, EPA can not impose or retain in effect any construction ban
previously imposed based on a finding that the plan for the area did
not demonstrate timely attainment and maintenance of the ozone or
CO NAAQS. EPA will shortly promulgate a rule amending its
regulations at 40 CFR 52.24 to clarify the limited applicability of
the construction ban and to repeal the individual sections of 40 GFR
Part 52 that impose the construction ban in each ozone or CO
nonattainment area where the ban was imposed solely for failure to
provide for timely attainment
Since the Act no longer authorizes EPA to impose bans on this
basis, EPA interprets the Act as repealing these bans by operation of
law as of enactment, and considers these amendments to Part 52 as
mere administrative housekeeping responsibilities. EPA will treat
areas previously subject to the construction ban under these
circumstances as no longer subject to the ban as of enactment.
It should be noted that where construction bans were imposed for
failure to demonstrate timely attainment of the ozone or CO
NAAQS and also for failure to contain an adequate new source
review permitting program, the ban will remain in effect under the
savings clause unless and until the state has submitted and EPA has
approved such a permitting program. However, where the ban was
originally imposed based only upon a finding that the plan did not
provide for timely attainment and maintenance, even if the area in
fact did not have an approved new source review permitting
program, the savings clause will not preserve the construction ban
since the ban is only preserved where it was imposed based on a
finding that the plan did not contain an adequate permitting
program. Such areas should of course promptly submit adequate
permitting programs, but they will not be subject to a ban in the
interim.
41
-------
SIP Processing
Procedures
The amended Act revises the procedures for EPA processing of
SIP revisions. Under new section 110(k), EPA is to promulgate,
within nine months of enactment, minimum criteria that plan
submissions must meet before EPA is required to act on them. EPA
promulgated SIP completeness criteria in February 1990
(55 FR 5824), and will now decide whether such criteria are
adequate under the amended Act or whether EPA will supplement
them within nine months. Once EPA has promulgated minimum
completeness criteria, EPA must determine within 60 days of its
receipt of any SIP submission whether the submission is complete
with respect to these criteria. If EPA determines that the submission
is complete, EPA must act on the SIP revision within 12 months of
its determination. However, if EPA determines that the submission
is incomplete, the State is treated as having failed to make the
required submission for purposes of the sanctions provisions of the
Act EPA must also make a completeness determination with respect
to any required submission within 6 months of the date the State is
required to make the submission, regardless of the actual date of
submission, if any. Finally, SIP submissions are deemed to be
complete six months after submission if EPA fails to make any
completeness determination by that date.
EPA is authorized to approve plans in whole or in part, to initiate
corrections to prior approvals without a subsequent submission, and
to conditionally approve SIP revisions based upon the State's
commitment to adopt enforceable measures within one year. Such
approvals automatically become disapprovals if the commitments are
not subsequently met.
NSR Transition
Issues and Guidance
The CAAA make numerous changes to the NSR requirements.
The EPA will publish a regulatory package (propose in September
1991; finalize in August 1992) that will implement these and other
changes to the NSR provisions. To address the many situations
expected to arise in the interim period between passage of the
CAAA and adoption of the final regulations, EPA has issued a
memorandum11 which provides guidance on several possible issues
(including those particularly in nonattainment areas). This
memorandum is contained in the Appendix.
42
-------
Part 4: EPA Actions
Control Measures
The EPA will be developing a number of guidance materials
regarding the planning and control requirements for States. These
materials include new and revised control technique guidelines
(CTG's), alternative control technique (ACT) documents, and rules
for commercial and consumer solvents. Also to provide assistance in
the adoption and implementation of control measures, EPA will be
operating a RACT/BACT/LAER12 clearinghouse.
New CTG's Section 183 of the CAAA requires EPA to issue eleven new
control technique guidelines (CTG's) within three years of
enactment, that is, by November 15, 1993. In issuing these
guidelines, priority is to be given to those which the Administrator
considers to make the most significant contribution to ozone in
nonattainment areas. States with ozone nonattainment areas
classified as moderate, serious, severe or extreme are to revise their
SIPs, by the date specified by EPA in issuing the new CTG, to
apply RACT requirements to sources covered by the CTG's.
[Section 182(b)(2)].
Also by November 15, 1993, EPA is to issue CTG's providing for
best available control measures for VOC emissions from aerospace,
ship building, and ship repair coatings and solvents.
[Section 183 (b)(3) and (4)].
Alternative Control
Technology (ACT)
Under section 183 (c), the Administrator is required to issue
"technical documents" within three years of enactment which
identify alternative controls for all categories of stationary sources
that emit or have the potential to emit 25 tpy of VOC's or oxides of
nitrogen (NOX). The EPA has discussed these ACT documents in a
November 24, 1987 Federal Register Notice, 52 F.R. 45043, 45090.
The documents do not establish a presumptive RACT norm nor do
they recommend a minimum level of control. Instead, they are
information documents that identify control technologies that are
available for a particular source category which a State can use as a
basis for an emission limit based on local needs and circumstances.
43
-------
Commercial and
Consumer Solvent
Study and Rules
The EPA is to complete a study within three years of enactment
of VOC emissions from consumer and commercial products in order
to determine their potential to contribute to ozone levels which
violate the NAAQS. [Section 183 (e)(2)]. The study is also to
establish criteria and priorities for regulating the products, based on
factors such as the benefits and commercial demand for the
products, health or safety functions, emission of highly reactive
VOC's, products subject to the most cost-effective controls, and the
availability of alternatives of comparable cost. Based on the study,
EPA is to regulate products that account for 80% of VOC emissions
from consumer or commercial products in ozone nonattainment
areas. The products are to be divided into four groups and a group
is to be regulated every two years following the study.
States may develop procedures for implementing and enforcing
the EPA regulation, and if the procedures are adequate, EPA is to
approve the procedure. The EPA may also issue CTG's in lieu of
federal regulations if EPA determines the CTG's will be
substantially as effective.
RACTIBACTILAER
Clearinghouse
Under section 108(h), EPA will continue to maintain a central
database to make information available to the States and public on
emission control technology, including information from state plans
requiring permits.
Revisions of
Existing CTG's
Within 3 years, the Agency is to review and, if necessary, revise
any CTG's in effect at that time, and to continue to do so
periodically thereafter. [Section 183 (b)(l)].
44
-------
ENDNOTES
1. These classifications, in turn, triggered (i) the 45-day process in which States could request additional time to
study the boundaries for ozone and CO nonattainment areas that were classified upon enactment as serious, severe,
or extreme and (ii) the 90-day opportunity for the Administrator to consider adjusting the classification for
nonattainment areas under the 5 percent provision (under which an area whose air quality placed it within 5 percent
of the next higher or lower classification could be reclassified to that classification). Since actions related to these
processes have already occurred, the discussion of the actions is limited in this document.
2 . Areas newly designated to nonattainment in this 240-day process will be classified at the conclusion of this
process, and their classification will in turn trigger (i) the 45-day process regarding nonattainment boundaries for
certain ozone and CO areas classified as serious or above and (ii) the 90-day opportunity for the Administrator to
consider adjusting the classification for nonattainment areas under the S percent provision (under which an area
whose air quality placed it within 5 percent of the next higher or lower classification could be reclassified to that
classification).
3 . Similar situations can arise for CO nonattainment areas, but the CAAA did not specifically address such cases.
The General Preamble will explain EPA's approach for dealing with these areas. In general, EPA expects these areas
to be subject to existing subpart 1 of part D requirements but not to the new requirements of subpart 3 (i.e., the
requirements in section 187). Such areas would also be subject to the redesignation procedures and requirements that
will be described in the General Preamble.
4 . The EPA is required to publish revised I/M guidance within 1 year after enactment (i.e., by November 15, 1991);
however, such guidance is expected to be published by August 1991.
5 . The commission is composed of the Governors of the affected States (or their designees), State air pollution
control officials (appointed by the Governors), the EPA Administrator (or his designee), and the EPA Regional
Administrators included in the affected transport region (or their designees).
6. The CAAA established an ozone transport region comprising Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the CMSA
including Washington, D.C. These States (and the Washington, D.C. CMSA) must submit the controls described here.
Should other transport regions be established in the future, States in those regions would have 9 months to submit
these measures.
7 . The language in Title II actually applies the oxygenated fuels requirement to most CO areas rather than only to
those in serious areas.
8 . These SIP calls were issued in 1988 and 1989 (53 FR 34500 and 55 FR 30973).
9 . EPA was compelled to set Phase II response deadlines for nonattainment areas in New Jersey, New York, Boston
and San Francisco pursuant to litigation in these areas. These areas are currently under an obligation to make such
submissions by September 30, 1991.
10 . In addition, EPA is altering the Phase II response schedules previously established for New Jersey, New York,
Massachusetts and California. Rather than making such submissions by September 30, 1991, these areas should
respond to Phase II of the SIP calls by making the submissions required by sections 182 and 187.
45
-------
11. Memorandum from John S. Seitz, Director, Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, to EPA Regional Air Division Directors on "New Source Review (NSR) Program Transitional
Guidance," dated March 11, 1991.
12 . RACT reasonably available control technique; BACT - best available control technology; LAER - lowest
achievable emission rate.
46
-------
Appendix
EPA Guidance on Existing RACT Requirements
EPA Memorandum: "New Source Review (NSR) Program Transitional
Guidance"
Guidance for State Submittals under the Clean Air Act of 1990
47
-------
EPA Guidance on Existing RACT Requirements
Proposed Policy on Approval of Post-1987 Ozone and Carbon Monoxide Plan Revisions
for Areas Not Attaining the NAAQS, including Appendix D Discrepancies and
Inconsistencies Found in Current SIPs, published in the Federal Register, 52 FR
45043,45049 (November 24, 1987).
Notice of SIP Inadequacy and Call for SIP Revision-Information Notice, 53 FR 34500
(September 7, 1988) [1988 SIP Call], and 55 FR 30973 (July 30, 1990) [1990 SIP Call].
Issues relating to VOC Regulations, Cutpoints, Deficiencies and Deviations [generally
referred to as the Bluebook]; notice given in 1988 SIP Call, 53 FR 34500, 34507
(September 7, 1988) and 1990 SIP Call, 55 FR 30973, 30975 (July 30, 1990).
1984 Guidance Document for Correction of Part D SIPs for Nonattainment Areas (Notice
of Availability published in 49 FR 18827, 18828 (May 3, 1984)).
Final Policy on SIPs; Approval of 1982 Ozone and CO Plan Revisions for Areas Needing
and Attainment Date Extension, published in 46 FR 7182, 7186 (January 22, 1981).
April 4, 1979 Notice on SIPs; General Preamble for Proposed Rulemaking on Approval on
Plan Revisions for Nonattainmemt Areas (44 FR 20371).
September 17, 1979 NoticeSupplement on Control Technique Guidelines (44 FR 53761).
May 19, 1978 Notice of Policy Memorandum (43 FR 21673).
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 2771 1
MAR I I I99I
MEMORANDUM
SUBJECT: New Source Review (NSR) Program Transitional Guidance
FROM: /-John S. Seitz, Directo^C^^rv^
P (Office of Air Quality Planning and\Standards (MD-10)
I/
TO: Addressees
The Clean Air Act Amendments of 1990 (1990 Amendments) make
numerous changes to the NSR requirements of the prevention of
significant deterioration (PSD) and nonattainment area programs.
The 1990 Amendments create new and expanded nonattainment areas,
extend PSD coverage to current Class I area boundaries, and
mandate a PSD exemption for certain hazardous air pollutants.
The Environmental Protection Agency (EPA) intends to propose by
September of this year a regulatory package that will implement
these and other changes to the NSR provisions. Final adoption of
these revised regulations is projected for August 1992. In the
interim period between passage of the 1990 Amendments and
adoption of the Agency's final regulations, EPA expects that
numerous issues regarding the 1990 Amendments will arise. This
memorandum sets forth the Agency's position on the most important
of these transitional issues involving the NSR program.
This guidance document does not supersede existing State
regulations or approved State implementation plans. However, in
some cases, it calls upon States to implement their NSR programs
in a manner consistent with provisions of the 1990 Amendments
that are applicable immediately and with the requirements that
flow directly from these provisions. Nonetheless, the policies
set out in this transition memorandum are intended solely as
guidance and do not represent final Agency action. They are not
ripe for judicial review for this reason. Moreover, they are not
intended, nor can they be relied upon, to create any rights
enforceable by any party in litigation with the United States.
The EPA officials may decide to follow the guidance provided in
this memorandum, or to act at variance with the guidance, based
on an analysis of specific circumstances. The Agency also may
change this guidance at any time without public notice.
The Regional Offices should send this guidance document to
their States. Questions from States and applicants concerning
specific issues and cases should be directed to the appropriate
EPA Regional Office. If you have any general questions, please
contact Mr. Michael Sewell of the New Source Review Section at
FTS 629-0873 or (919) 541-0873.
Attachment
-------
Addressees
Director, Air, Pesticides, and Toxics Management Division,
Regions I, IV, and VI
Director, Air and Waste Management Division, Region II
Director, Air Management Division, Regions III and IX
Director, Air and Radiation Division, Region V
Director, Air and Toxics Division, Regions VII, VIII, and X
cc: J. Calcagni
R. Campbell
W. Laxton
E. Lillis
J. Rasnic
L. Wegman
J. Weigold
NSR Contacts
-------
New Source Review (NSR) Transitional Guidance
Toxics and National Emissions Standards for Hazardous Air
Pollutants fNESHAPS) Issues
1. Section 112 Hazardous Air Pollutants are No Longer
Considered Regulated Pollutants Under Prevention of
Significant Deterioration (PSD), but NESHAPS Still Apply
Under the 1977 Amendments to the Clean Air Act (Act)
and regulations issued thereunder, the PSD requirements of
the Act apply to all "major" new sources and "major"
modifications, i.e., those exceeding certain annual tonnage
thresholds [see 40 CFR 52.21(b)(1)(i) and (b)(2)(i)].
Typically, new sources and modifications become subject to
PSD because they exceed the specified tonnage threshold for
a-criteria pollutant, i.e., a pollutant for which a national
ambient air quality standard (NAAQS) has been established
under section 109 of the Act. Once a new source or
modification is subject to PSD, the PSD requirements apply
to every pollutant subject to regulation under the Act that
is emitted in "significant" quantities (or, in the case of a
major modification, for which there is a significant net
emissions increase) [see 40 CFR 52.21(b)(23) and (i)(2)].
Under the 1977 Amendments, best available control technology
(BACT) and other PSD requirements apply not only to
emissions of criteria pollutants but also to emissions of
pollutants regulated under other provisions of the Act, such
as section 111 or 112. This regulatory structure was
altered by the 1990 Amendments.
Title III of the 1990 Amendments added a new
section 112(b)(6) that excludes the hazardous air pollutants
listed in section 112(b)(l) of the revised Act (as well as
any pollutants that may be added to the list) from the PSD
(and other) requirements of Part C. Thus, because they are
on the initial Title III hazardous air pollutants list, the
following pollutants, which had been regulated under PSD
because they were covered by the section 112 NESHAPS or
section 111 new source performance standards (NSPS) program,
are now exempt from Federal PSD applicability:
arsenic
asbestos
benzene (including benzene from gasoline)
beryllium
hydrogen sulfide (H2S)
mercury
radionuclides (including radon and polonium)
vinyl chloride.
-------
The Title III exemption applies to final Federal
PSD permits (i.e., those issued in final form and for
which administrative appeals, if any, under
40 CFR 124.19 have been exhausted) issued on or after
the date of enactment of the 1990 Amendments
(November 15, 1990). For Federal PSD permit
applications now under review by either an EPA Regional
Office or a delegated State, PSD permit requirements do
not apply to the pollutants exempted by Title III. For
Federal PSD permits containing PSD requirements for the
pollutants exempted by Title III issued on or after
November 15, 1990, the permittee may request a revision
(e.g., removal of a BACT limit for benzene) to their
PSD permit to reflect the Title III exemption from
Federal PSD applicability.
Note that pursuant to section 116 and the preservation
clause in section 112(d)(7) of the amended Act, States with
an approved PSD program may continue to regulate the
Title III hazardous air pollutants now exempted from Federal
PSD by section 112(b)(6) if the State PSD regulations
provide an independent basis to do so. These State rules
would remain in effect unless a State revised them to
provide similar exemptions. Additionally, the Title III
pollutants continue to be subject to any other applicable
State and Federal rules; the exclusion is only for Part C
rules.
Finally, section 112(q) retains existing NESHAPS
regulations by specifying that any standard under section
112 in effect prior to the date of enactment of the 1990
Amendments shall remain in force and effect after such date
unless modified as provided in the amended section.
Therefore, the requirements of 40 CFR 61.05 to 61.08,
including preconstruction permitting requirements, for new
and modified sources subject to existing NESHAPS regulations
are still applicable.
In summary, the pollutants currently regulated
under the Act as of March 1991 that are still subject
to Federal PSD review and permitting requirements are:
carbon monoxide
nitrogen oxides
sulfur dioxide
particulate matter and PM-10
ozone (volatile organic compounds)
lead (elemental)
fluorides
sulfuric acid mist
total reduced sulfur compounds (including H2S)
CFC's 11, 12, 112, 114, 115
-------
halons 1211, 1301, 2402
municipal waste combustor (MWC) acid gases, MWC
metals and MWC organics.
2. Hazardous Air Pollutants that are Regulated as One Component
of a More General Pollutant Under Other Provisions of the
Clean Air. Act are Still Regulated
Any hazardous air pollutants listed in
section 112(b)(l) which are regulated as constituents of a
more general pollutant listed under section 108 of the Act
are still subject to PSD as part of the more general
pollutant, despite the exemption in Title III. For example,
volatile organic compounds (VOC's) (a term which includes
benzene, vinyl chloride, methanol, toluene, methyl ethyl
ketone, and thousands of other compounds) are still
regulated as VOC's (but not as individual pollutants such as
benzene, etc.) under the PSO regulations because these
pollutants are ozone precursors, not because they are air
toxics. Also, particulates (including lead compounds and
asbestos) are still regulated as particulates (both PM-10
and particulate matter) under the PSD regulations. Lead
compounds are exempt from Federal. PSD by Title III, but the
elemental lead portion of lead compounds (as tested for in
40 CFR Part 60, Appendix A, Method 12) is still considered a
criteria pollutant subject to the lead NAAQS and still
regulated under PSD.
3. Toxic Effect of Unregulated Pollutants Still Considered in
BACT Analysis
Based on the remand decision on June 3, 1986 by the EPA
Administrator in North County Resource Recovery Associates
(PSD Appeal No. 85-2), the impact on emissions of other
pollutants, including unregulated pollutants, must be taken
into account in determining BACT for a regulated pollutant.
When evaluating control technologies and their associated
emissions limits, combustion practices, and related permit
terms and conditions in a BACT proposal, the applicant must
consider the environmental impacts of all pollutants not
regulated by PSD. Once a project is subject to BACT due to
the emission of nonexempted pollutants, the BACT analysis
should therefore consider all pollutants, including
Title III hazardous air pollutants previously subject to
PSD, in determining which control strategy is best.
-------
PSD Class I Boundary Issues
PSD Applicability Coverage Changes as Class I Area
Boundaries Change
Sections 162(a) and 164(a) of the amended Act specify
that the boundaries of areas designated as Class I must now
conform to all boundary changes at such parks and wilderness
areas made since August 7, 1977 and any changes that may
occur in the future. The EPA does not believe that Congress
intended to create the turmoil which would occur if this
redesignation required the modification of permits issued
between August 7, 1977 and November 15, 1990, or the
resubmission and reevaluation of complete permit
applications submitted prior to enactment of the 1990
Amendments. Thus, for this reason, applications considered
complete prior to November 15, 1990 should be processed as
submitted without regard to the new Class I area boundaries.
Exceptions to this general policy are in the areas of
increment consumption and air quality related values
(including visibility), as discussed below.
For an applicant who submitted a complete PSD
application prior to November 15, 1990, if all other PSD
requirements are met, a permit may be issued based on the
Class I analysis as submitted in the application, unless the
reviewing authority finds, on a case-by-case basis, that
additional analysis is needed from the applicant to address
suspected adverse impacts or increment consumption problems
due to the expanded boundaries of the Class I areas. Any
existing increment violations in the new boundaries of
Class I areas must be remedied through a SIP revision
pursuant to 40 CFR 51.166(a)(3).
The PSD applications not considered complete before
November 15, 1990 must consider the impact of both existing
sources and the new or modified source on the Class I areas
as defined by the 1990 Amendments. .Thus, the complete
application must consider the impacts on the entire Class I
area based upon the boundaries in existence on the date of
submittal of a complete application; as before, if a Class I
boundary changes before the permit is issued, the reviewing
authority may find, on a case-by-case basis, that additional
analysis is needed from the applicant to address suspected
adverse impacts or increment consumption problems due to
expanded Class I area boundaries.
-------
NSR Nonattainment Issues
1. NSR Construction Permit Requirements in Nonattainment Areas
In many States, the existing approved Part D permit
program by its terms covers all designated nonattainment
areas in the State, so a Part D permit program will
automatically apply to the new and expanded nonattainment
areas which are established under provisions of Title I of
the 1990 Amendments. Thus, until new rules are adopted for
these new or expanded nonattainment areas, States should
apply the requirements of their existing approved Part D
permit program. However, in other States, a Part D program
may be limited to specified areas and does not apply to new
or expanded areas. In these areas, States must implement a
transitional permitting program until their existing Part D
programs are revised to meet the requirements of the 1990
Amendments and expanded to cover all nonattainment areas in
the State. Otherwise, both the goals of Part D and
Congress' intent in creating new or expanded nonattainment
areas will be frustrated.
The EPA regulations already provide for these new or
expanded designated nonattainment areas because the Emission
Offset Interpretative Ruling (40 CFR Part 51, Appendix S)
governs permits to construct between the date of designation
and the date an approved Part D plan is made applicable to
the new nonattainment area [see 40 CFR 52.24(k)]. Until a
State's new Part D plan is approved by EPA, if a State
wishes to issue a permit for a major stationary source or
major modification in a new or expanded designated
nonattainment area, the State should comply with the
requirements of Appendix S. Among other things, Appendix S
requires a major source seeking to locate in a nonattainment
area to (1) meet the lowest achievable emission rate for
such source, (2) provide offsets from existing sources in
the area, and (3) show that the offsets will provide a
positive net air quality benefit (see 40 CFR Part 51,
Appendix S, section IV.A). The EPA believes that in order
to carry out the intent of Appendix S, offsets should be
required for sources in all categories and in all instances
should be calculated on a tons per year basis (see
40 CFR Part 51, Appendix S, section IV.C).
Of course, neither Appendix S nor the existing NSR
rules incorporate the NSR changes mandated by Title I of the
1990 Amendments such as lower source applicability
thresholds, increased emissions offset ratios, new
definitions of major stationary source, and (for ozone
nonattainment areas) requirements for nitrogen oxides (NOx)
-------
6
control and NOx emissions offsets. However, the 1990
Amendments require States to submit to EPA new NSR permit
program rules for ozone nonattainment areas by November 15,
1992; for PM-10 nonattainment areas by June 30, 1992; and
for most carbon monoxide (CO) nonattainment areas no later
than 3 years from the date of the nonattainment designation.
The EPA interprets this as an expression of congressional
intent not to mandate that States adhere to the more
stringent Title I NSR requirements in nonattainment areas
during the time provided for State implementation plan (SIP)
development. Thus, for NSR permitting purposes in
nonattainment areas, the new NSR requirements in Title X are
not in effect until the States, as required by the Act,
adopt NSR permit program rules to implement the Title I
provisions. In addition, EPA encourages any State having
adequate authority for early implementation of the NSR
changes to do so as soon as possible.
If States fail to submit to EPA the new NSR permit
program rules for nonattainment areas by the deadlines in
the amended Act, EPA intends to impose in these
nonattainment areas a Federal implementation plan (FIP)
embodying such requirements. Currently, EPA intends to
propose revised NSR regulations at 40 CFR Part 52 that would
implement the new Title I NSR requirements under a FIP in a
State if that State's revised NSR rules to implement Title I
are not submitted in approvable form to EPA and made
effective within the State by the deadlines established by
the 1990 Amendments.
The area designation in effect on the date of permit
issuance by the reviewing agency determines which
regulations (Part C or Part D) apply to that permit. In
other words, the PSD permit regulations apply to pollutants
for which the area is designated as attainment or
unclassifiable, and the NSR nonattainment permit regulations
apply to pollutants for which the area is designated
nonattainment [see 40 CFR 51.166(i)(3) and (5); and
40 CFR 52.21(i)(3) and (5)]. Under these regulations, a PSD
permit for a pollutant cannot be issued in an area that is
designated nonattainment for that pollutant. For the
situation where a source receives a PSD or other permit
prior to the date the area is designated as nonattainment,
the permit remains in effect as long as the source commences
construction within 18 months after the date of
nonattainment designation of the area, does not discontinue
construction for more than 18 months, and completes
construction within a reasonable time [see 40 CFR 52.24(g)
and (k)]. Although the PSD regulations provide for
extension of these deadlines, no extension would be
appropriate where the area has been designated as
nonattainment following permit issuance. Accordingly, if
-------
any of these construction provisions are not met, the PSD
permit or other permit will not be extended, and the source
(if subject to the nonattainment provisions) must obtain a
nonattainment permit prior to commencing (or continuing)
construction.
The 1990 Amendments create some new and expanded
nonattainment areas by operation of law. other
nonattainment area changes are expected as the States and
EPA complete the designation process prescribed in amended
section 107(d). Because of these provisions, the dates
areas switch from attainment to nonattainment for NSR
purposes vary by pollutant. However, except for the two
instances where the Amendments create changes by operation
of law, the new designations and expanded boundaries will
not be effective for NSR purposes until EPA promulgates the
changes. The promulgations will be announced in the Federal
Register.
Congress create new PM-10 nonattainment areas
through designations that became effective upon
enactment of the 1990 Amendments on November 15, 1990
[see section 107(d)(4)(B)]. Specifically, Congress
designated Group I areas and areas where violations of
the PM-10 NAAQS had occurred prior to January 1, 1989 as
nonattainment. The EPA published a list of these PM-10
areas in a Federal Register notice (see 55 FR 45799,
October 31, 1990; see also 52 FR 29383, August 7, 1987).
The EPA plans to publish a notice in the Federal Register
listing these areas as nonattainment in the near future, but
they are already considered nonattainment areas as of
November 15, 1990.
Similarly, the 1990 Amendments expand by operation of
law some CO and ozone nonattainment areas. However, these
changes did not become effective with passage but rather on
December 30, 1990. The specifics are as follows:
Section 107(d)(4)(A)(iv) of the amended Act
provides that, with the exception explained below,
ozone and CO nonattainment areas located within
metropolitan statistical areas (MSA) and
consolidated metropolitan statistical areas (CMSA)
which are classified as serious, severe, or
extreme for ozone or as serious for CO are
automatically expanded to include the entire MSA
or CMSA. This expansion became effective by
operation of law 45 days after enactment unless
the Governor submitted a notice by this deadline
of the State's intent to seek a modification of
the expanded boundaries pursuant to the procedures
set forth in section 107(d)(4)(A)(v). So if a
-------
8
State did not provide this notice, the
nonattainment boundaries of all serious, severe,
and extreme ozone nonattainment areas in the state
and all serious CO areas in the state expanded to
include the entire MSA. or CHSA on December 30,
1990. If a State did provide timely notice, the
Administrator has up to 14 months from enactment
to resolve the State's challenge. Until EPA
promulgates a resolution of the state's challenge,
the old boundaries remain in effect.
Except for these two cases where new or expanded
boundaries have been created by operation of law,
nonattainment area changes will not be considered effective
until the changes are promulgated by the EPA. As to most
new areas or expansions of previously-designated
nonattainment areas, this will occur 240 days after
enactment [see section 107(d)(4)(A)(i) and (ii)]. Newly-
created ozone and CO nonattainment areas will be considered
part of a designated nonattainment area for NSR purposes at
the time of promulgation.
2. Status of Construction Bans
Pursuant to section 110(n)(3), an existing construction
.ban that was imposed due to the absence of approved Part O
NSR rules remains in effect until a revised NSR SIP is
approved. Existing construction bans imposed due to
disapproval of primary sulfur dioxide NAAQS attainment plans
also remain in effect. A Federal Register notice will be
published soon announcing the status of construction bans in
general and also lifting specific bans where appropriate.
Should a construction ban be lifted in any area designated
as nonattainment, and the area lacks an approved Part 0 NSR
rule, the State should meet the requirements of
40 CFR Part 51, Appendix S, in issuing permits to major new
sources or major modifications prior to the adoption of NSR
rules meeting the requirements of the 1990 Amendments.
3. Federal Implementation Plans Remain in Effect
The NSR permitting program in an existing FIP remains
in effect until a SIP is approved or a revised FIP is
adopted.
4. Use of Previously-Approved Growth Allowances is Prohibited
Section 172(b) invalidates growth allowances in
existing SIP's in areas that received a SIP call prior to
enactment of the 1990 Amendments, or that receive one
thereafter. For NSR permits issued on or after November 15,
1990, previously-approved growth allowances cannot be used
-------
in these areas. Construction permits cannot be issued in
SIP-call areas under existing EPA-approved Part D programs
to the extent that such permits rely on previously-approved
growth allowances. Case-by-case emission offsets must be
obtained for any such permits, and other existing Part D
requirements must be met.
5. Existing NSR Permitting Rules Continue to Apply in the
Northeast Ozone Transport Region (NOTR)
The 1990 Amendments establish a single ozone transport
region comprised of the States of Connecticut, Delaware,
Maine, Maryland, Massachusetts, New Hampshire, New Jersey,
New York, Pennsylvania, Rhode Island, Vermont, and the CMSA
that includes the District of Columbia and part of the state
of Virginia. For this transport region, including all
attainment areas within its boundaries, new
section 184(b)(2) specifies that any stationary source that
emits or has the potential to emit at least 50 tons per year
of VOC's shall be considered a major stationary source and
subject to the requirements which would be applicable to
major stationary sources if the area were classified as a
moderate ozone nonattainment area. For NSR purposes, the
requirements of section 184(b)(2) are not in effect in a
State until the State submits a new or revised SIP that
includes the requirements (or EPA imposes a FIP implementing
those requirements). A State in the NOTR has until
November 15, 1992 to submit to EPA the new or revised NSR
rules addressing the new requirements.
-------
Guidance for State Ozone/CO Submittals
under the Clean Air Act Amendments of 1990
Date
Available
Guidance applicable to all areas
Designating and classifying areas
Designating and classifying nonattainment areas: OAQPS/EPA
memorandum to Regional Offices on steps in process and preliminary data
review
Getting started on the Title I requirements (an overview of early state
submittal requirements)
Procedures and criteria for redesignating to attainment, including
maintenance plan requirements
Nov-90
Mar-91
Nov-91
Enforcement/Compliance
Review of State implementation plans and revisions for enforceability and
legal sufficiency
Sep-87
Developing emission inventories
Compilation of air pollutant emission factors, volume I and supplements A,
B, and C (AP-42)
- Vol. I GPO stock #: 055-000-00251-7
- Supplement A stock #: 055-000-00265-7
- Supplement B stock #: 055-000-00278-9
- Supplement C stock #: 055-000-00369-6
Compilation of air pollutant emission factors, Vol. II, mobile sources, GPO
stock #: 055-000-00252-5 or NTIS stock # PB87-2-5266
Procedures for emission inventory preparation: mobile sources
(EPA-450/4-81-026d) (revised version to be completed in May 91)
AIRS facility subsystem source classification codes (SCCs) and emission
factor listing for criteria pollutants (EPA-450/4-90-003)
SIP air pollutant inventory management system (SAMS) version 4.0 and
SAMS user's manual
Preparing emission inventory projections
Sep-85
Jul-89
Mar-90
Mar-91
Jul-91
Modeling analyses
Guideline on air quality models (revised 1987 and including the 1988
supplement) (EPA-450/2-78-027R)
Jul-88
-------
Conformity
Reconciliation of population projections in revised State implementation
plans (to be incorporated into "Preparing emission inventory projections"
due out Jul-91)
Survey of population projections used in air and water quality planning (to
be incorporated into "Preparing emission inventory projections")
Incorporating 1990 census figures in CAAA Title I planning
Criteria to ensure conformity with State implementation plans (SIPs)
Jan-80
Jan- 80
Nov-91
Permit programs for stationary sources
NSR prevention of significant deterioration and nonattainment area
guidance notebook
NSR permitting guidance for newly-identified nonattainment areas
Proposed regulatory requirements for approvable State operating permit
programs (Title V)
Proposed NSR/PSD rule implementing Clean Air Act related changes
Small business stationary source technical and environmental compliance
assistance program (Title V guidance to assist States in implementing their
small business assistance programs)
Model permits for VOC sources
Final regulatory requirements for State operating permit programs (for
Title V)
Proposed procedures for Federal issuance of Title V operating permits,
including Phase I acid rain requirements
Final procedures for Federal issuance of Title V including Phase I acid rain
requirements
Final NSR/PSD rule changes which implement CAAA related changes
Jan- 88
Jan-91
Apr-91
Jun-91
Aug-91
Oct-91
Nov-91
Nov-91
May-92
May-92
NSRIPSD Guidance Documents
Draft NSR workshop manual dtd. October 1990
NSR/PSD construction permit transitional guidance
Dec-90
Jan-91
Tracking program progress and effectiveness
Protocols for evaluating rule effectiveness (EPA memorandum from John
Seitz to Regional Offices); future updates to be provided based on national
studies
Mar- 8 8
-------
RFP Tracking for Ozone and CO
Requirements and guidance for areas that miss a milestone (i.e., guidance
on election of options, including economic incentive program)
Nov-91
Nov-94
Miscellaneous
Guidelines for the review of State implementation plan (SIP) revisions by
EPA Regional Offices (EPA^50/2- 89-005)
SEP completeness criteria, Title 40 Code of Federal Regulations, Part
51.103 (to be revised Sep 91)
Guidance for inclusion of Indian tribal air quality programs under the
CAAA
Regulation implementing Sec. 107 tribal treatment as a State
Feb-89
Feb-90
May-92
May-92
Guidance applicable to ozone and CO areas
Developing emission inventories
Emission inventory requirements for ozone State implementation plans
(EPA^50/4-91-010)
Procedures for the preparation of emission inventories for precursors of
ozone, volume 1 (EPA-450/4-88-021)
Emission inventory requirements for carbon monoxide State
implementation plans (EPA-450/4-9 1-011)
Guidance for the preparation of quality assurance plans for ozone/CO SEP
emission inventories (EPA-450/4-88-023)
User's guide to MOBELE4 (mobile source emission factor model
(EPA-AA-TEB-89-01) (to be revised with MOBILE 4.1)
Quality assurance program for post- 1987 ozone and carbon monoxide State
implementation plan emission inventories (EPA-450/4-89-004)
Procedures for estimating and applying rule effectiveness in post- 1987 base
year emission inventories for ozone and carbon monoxide State
implementation plans
Example emission inventory documentation for post- 1987 ozone State
implementation plans (SEP's) (EPA-450/4-89-018)
Correspondence stating how to begin post-CAAA inventory activities
requirements for inventory preparation and procedures for updating 1987/88
inventories to "year of enactment inventories" implementation plan (SEP
base year emission inventories [draft])
Mar-91
Dec-88
Mar-91
E)ec-88
Feb-89
Mar-89
Jun-89
Oct-89
Jan-91
-------
Guidance for initiating ozone/CO SIP emission inventories pursuant to the
1990 Clean Air Act Amendments
VMT projection guidance
Preparing emission inventories for the urban airshed model (UAM)
Revised guidance for the preparation of emission inventories for carbon
monoxide and precursors of ozone
Revised guidance for mobile service emission inventories including vehicle
miles travelled
Form and content of emission states for ozone State implementation plans
Feb-91
Apr-91
May-91
May-91
May-91
May-91
Modeling analyses
Guidelines for use of city-specific EKMA in preparing post- 1987 ozone
SIPs
User's manual for exercising OZIPM4 in post-1987 ozone SIP's (ozone
isopleth plotting with optional mechanisms/version 4: volumes I (manual)
and II (computer code)
User's manual for OZIPM4 (PC version) and addendum
. (EPA-450/4-88-016)
Consideration of transported ozone and precursors and their use in EKMA
(EPA-450/4-89-010)[used in determining rural transport areas](to be revised
May 91)
User's guide for the urban airshed model (UAM): volume I - user's manual
for UAM (CB-IV) (EPA-450/4-90-007A)
User's guide for the urban airshed model (UAM): volume II - user's
manual for UAM (CB-IV) modeling system (EPA-450/4-90-007B)
User's guide for the urban airshed model (UAM): volume III - user's
manual for the diagnostic wind model (EPA^50/4-90-007Q
User's guide for the urban airshed model (UAM): volume IV - user's
manual for the emissions preprocessor system (EPA-450/4-90-007D)
User's guide for the urban airshed model (UAM): volume V - description
and operation of the ROM-UAM interface program system
(EPA-450/4-90-007E)
Urban airshed model (UAM) applications guidance
UAM applications guidance in determining source contributions to other
ozone nonattainment areas in regional transport areas
Determining stationary source contribution to CO nonattainment problems
Nov-87
Nov-87
Nov-88
Jul-89
Jun-90
Jun-90
Jun-90
Jun-90
Jun-90
May-91
May-91
May-91
-------
Determination of conditions under which NOx controls are not required
Development of State implementation plans and demonstrations for
multi-State ozone nonattainment areas
Substitution of NOx emission reductions for VOC reductions
Determining and calculating emission reductions needed to ensure
reasonable further progress (15% reduction of VOC emissions within 6
years in moderate ozone areas plus 3% annual reductions
beginning 6 years after enactment in serious areas) and demonstration of
attainment (specific annual reductions in VOC and NOx emissions to attain
NAAQS)
Enhanced ambient air quality monitoring program for serious, severe, &
extreme ozone areas
Aug-91
Aug-91
Nov-91
Nov-91
May-92
Ozone transport regions
Procedures for the establishment of ozone transport regions
Procedures and criteria for enlarging or reducing the size of transport
regions (including procedures for public participation regarding petitions to
add or subtract areas from the
transport region)
Guidance regarding substitute measures for Stage II in ozone transport
regions (available after EPA study of comparable measures)
Jul-91
Jul-91
Jan-94
Control measures
Design criteria for Stage I vapor control systems at gasoline service
stations
Control technique guideline (CTG) for surface coating operations: Volume
I - General control methods (EPA-450/2-76-028)
Control technique guideline (CTG) for surface coating operations: Volume
II - Surface coating of cans, coils, paper, fabrics, automobiles, and
light-duty trucks (EPA-450/2-77-008)
Control technique guideline (CTG) for control of VOC emissions from tank
truck gasoline loading terminals (EPA-450/2-77-026)
Control technique guideline (CTG) for control of petroleum refinery
vacuum producing systems, wastewater separators & process unit
turnarounds (EPA-450/2-77-025)
Control technique guideline (CTG) for control of VOC emissions from
solvent metal cleaning (EPA-450/2-77-022)
Nov-75
Nov-76
May-77
Oct-77
Oct-77
Nov-77
-------
Control technique guideline (CTG) for surface coating operations: Volume
ID - Surface coating of metal furniture (EPA-450-2-77-032)
Control technique guideline (CTG) for surface coating operations: Volume
IV - Surface coating of magnet wire (EPA-450/2-77-033)
Control technique guideline (CTG) for surface coating operations: Volume
V - Surface coating of large appliances (EPA-450/2-77-034)
Control technique guideline (CTG) for storage of petroleum liquids in
fixed-roof tanks (EPA^50/2-77-036)
Control technique guideline (CTG) for control of VOC emissions from tank
truck gasoline loading bulk plants (EPA-450/2-77-035)
Control technique guideline (CTG) for control of VOC emissions from
cutback asphalt (EPA^50/2-77-037)
Control technique guideline (CTG) for control of fugitive VOC emissions
from petroleum refining (EPA-450/2-78-036)
Control technique guideline (CTG) for surface coating of miscellaneous
metal parts and products (EPA^50/2-78-015)
Control technique guideline (CTG) for factory surface coating of flatwood
paneling (EPA-450/2-78-032)
Control technique guideline (CTG) for pharmaceutical manufacture
(EPA-450/2-78-029)
Control technique guideline (CTG) for rubber tire manufacture
(EPA-450/2-78-030)
Control technique guideline (CTG) for graphic arts rotogravure &
flexography (EPA^50/2-78-033)
Control technique guideline (CTG) for petroleum liquid storage, floating
roof tank (EPA-450/2-78-047)
Control technique guideline (CTG) for dry cleaning: perchloroethylene
(EPA-450/2-78-047)
Control technique guideline (CTG) for gasoline tank trucks
(EPA^50/2-78-051)
Control technique guideline (CTG) for large petroleum dry cleaners
(EPA-450/3-82-009)
Control technique guideline (CTG) for manufacture of high density
polyethylene, polypropylene, and polystyrene resins (EPA-450/3-83-008)
Control technique guideline (CTG) for natural gas/gasoline processing
plants(EPA-450/3- 83-007)
Dec-77
Dec-77
Dec-77
Dec-77
Dec-77
Dec-77
Jun-78
Jun-78
Jun-78
Dec-78
Dec-78
Dec-78
Dec-78
Dec-78
Dec-78
. Sep-82
Nov-82
Dec-83
-------
Control technique guideline (CTG) for control of fugitive emissions from
synthetic organic chemical manufacturing industry (SOCMI)
(EPA-450/3-83-006)
Control technique guideline (CTG) for control of SOCMI air oxidation
processes (EPA-450/3-84-01)
Control technique guideline (CTG) for control of volatile organic liquids
(VOL) storage vessels
Issues relating to VOC regulation outpoints, deficiencies, and deviations:
clarification to Appendix D of November 24, 1987 Federal Register (Blue
book, revised 1/11/90)
Guidance on determining credits in oxygenated fuels programs
Background information on control of effectiveness of Stage II vapor
recovery systems
Implementation of future control measures- a guidance document
presenting the criteria for the structure of rules (i.e., appropriate
recordkeeping, test methods, etc.) for future measures such as RACT rules,
etc.
Revised guidance on motor vehicle inspection and maintenance (I/M)
programs, including guidance on enhanced I/M
Evaluation, development, and implementation of transportation control
measures
Contingency measures (general guidance and specific guidance for ozone
and CO areas)
Evaluating cost effectiveness of control measures
Development and implementation of control measures to offset growth in
emissions from growth in vehicle miles travelled (VMT): guidance for
serious ozone and CO areas
Transportation control measure (TCM) guidance documents
Clean fuel fleet programs for serious ozone areas with populations >
250,000
Rules for economic incentive program
Federal rule for marine vessel loading standard (implications for State
regulations for this source category)
Use of new technologies in extreme ozone areas
Report to Congress on consumer and commercial products
Dec-83
Dec-83
Dec-83
May-88
Aug-91
Nov-91
Nov-91
Nov-91
Nov-91
Nov-91
Nov-91
Nov-91
Nov-91
Nov-92
Nov-92
Nov-92
May-93
Nov-93
-------
Guidance on Alternative Control Techniques (ACTs) for VOC and NOx
sources emitting over 25 tpy
Control Technique Guidelines (CTG's) for 1 1 categories to be provided
within three years after enactment
Control Technique Guideline (CTG) for aerospace coating and shipbuilding
and repairing industries
VMT demonstration in serious* ozone areas (to show consistency of
projections and actual levels)
Products beginning in 1995
First promulgation of federal regulations or guidance on control of
emissions from use of consumer/commercial products (three more
categories to be promulgated bi-annually thereafter)
Nov-93
Nov-93
Nov-93
Dec-94
Nov-95
Miscellaneous
Procedures and requirements implementing NEPA for the Municipal
Wastewater Treatment Construction Grants Program, 40 CFR Part 6.303
Transportation control measures: State implementation plan guidance
Update of the June 6, 1978 Transportation Air Quality Guidelines
State and local planning procedures
Guidance on consultation in the development of State implementation plans
Sep-86
Sep-90
Aug-91
Aug-91
Nov-91
------- |