G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    The EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as
applying only to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the EO
has the potential to influence the regulation. This action is not
subject to EO 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks. These proposed
revisions address whether a SIP will be adequate to attain and maintain
the NAAQS and will meet the obligations of the CAA. The NAAQS are
promulgated to protect the health and welfare of sensitive population,
including children.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note) directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs the EPA
to provide Congress, through OMB, explanations when the agency decides
not to use available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, the EPA is not considering the use of any voluntary
consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs

federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies and
activities on minority populations and low-income populations in the
United States.
    The EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The proposed revisions to the regulations would, if
promulgated, revise the substantive requirements for SIPs to attain the
NAAQS, which are designed to protect all segments of the general
populations. As such, they do not adversely affect the health or safety
of minority or low-income populations and are designed to protect and
enhance the health and safety of these and other populations.

K. Determination Under Section 307(d)

    Pursuant to sections 307(d)(1)(E) and 307(d)(1)(V) of the CAA, the
Administrator proposes to determine that this action is subject to the
provisions of section 307(d). Under section 307(d)(1)(V), the
provisions of section 307(d) apply to ``such other actions as the
Administrator may determine.''

Appendix A to Preamble

Glossary of Terms and Acronyms

ACT Alternative Control Techniques (document)
AERR Air Emissions Reporting Requirements Rule
BACT Best Available Control Technology
CAA Clean Air Act
CAAAC Clean Air Act Advisory Committee
CAIR Clean Air Interstate Rule
CERR Consolidated Emissions Reporting Rule
CFR Code of Federal Regulations
CO Carbon Monoxide
CSAPR Cross-State Air Pollution Rule
CTG Control Technique Guideline
DOT Department of Transportation
DV Design Value
EMFAC EMissions FACtors (a mobile emissions model)
ESRP Emissions Statement Reporting Program
EGU Electricity Generating Unit
EO Executive Order
EPA Environmental Protection Agency
FIP Federal Implementation Plan
GDF Gasoline dispensing facilities
HEDD High Electric Demand Day
ICR Information Collection Requirement
I/M Inspection and Maintenance (i.e., smog check)
km Kilometers
LAER Lowest Achievable Emission Rate
MACT Maximum Achievable Control Technology
MCR Mid-course Review
MPO Metropolitan Planning Organization
NAAQS National Ambient Air Quality Standards
NOX Nitrogen Oxides
NPRM Notice of Proposed Rulemaking
NSR New Source Review
NTTAA National Technology Transfer and Advancement Act of 1995
OMB Office of Management and Budget
OTR Ozone Transport Region
ORVR Onboard refueling vapor recovery
PM Particulate Matter
PM2.5 Fine Particulate Matter
ppb Parts per Billion
ppm Parts per Million
PSD Prevention of Significant Deterioration
RACM Reasonably Available Control Measures
RACT Reasonably Available Control Technology
RFA Regulatory Flexibility Act
RFG Reformulated Gasoline
RFP Reasonable Further Progress
ROP Rate of Progress
RPO Regional Planning Organization
SBA Small Business Administration
SIP State Implementation Plan
TAR Tribal Authority Rule
TAS Treatment in the Same Manner as a State (``Treatment as State'')
TIP Tribal Implementation Plan; also Transportation Improvement
Program (depending on context)
tpd Tons Per Day
tpy Tons Per Year
TSP Total Suspended Particulate
UMRA Unfunded Mandates Reform Act of 1995
VCS Voluntary Consensus Standards
VOC Volatile Organic Compound

     Appendix B to Preamble Relevant Rulemakings Concerning Implementation of the 1997 Ozone NAAQS and Anti-
                              Backsliding Provisions for Revoked 1-Hour Ozone NAAQS
                     [MR--Major Rulemaking; RE--Reconsideration; CO--Correction; OT--Other]
----------------------------------------------------------------------------------------------------------------
          FR Citation                   Date         Title (kind of rule)         Action             Topic
----------------------------------------------------------------------------------------------------------------
68 FR 32802....................  06/02/2003.......  Proposed Rule to        Proposed           .................
                                                     Implement the 8-Hour    Rulemaking.
                                                     Ozone National
                                                     Ambient Air Quality
                                                     Standards (MR).
68 FR 46536....................  08/06/2003.......  Draft Regulatory Text   Notice of          Draft regulatory
                                                     for Proposed Rule to    Availability.      text.
                                                     Implement the 8-Hour
                                                     Ozone National
                                                     Ambient Air Quality
                                                     Standards (OT).
68 FR 60054....................  10/21/2003.......  Proposed Rule to        Reopening of       Classification
                                                     Implement the 8-Hour    public comment     system.
                                                     Ozone National          period.
                                                     Ambient Air Quality
                                                     Standards (OT).
69 FR 23858....................  04/30/2004.......  Air Quality             Final Rule.......  .................
                                                     Designations and
                                                     Classifications for
                                                     the 8-Hour Ozone
                                                     National Ambient Air
                                                     Quality Standards;
                                                     Early Action Compact
                                                     Areas With Deferred
                                                     Effective Dates (MR).
69 FR 23951....................  04/30/2004.......  Final Rule to           Final Rule.......  Classification;
                                                     Implement the 8-Hour                       Revocation of 1-
                                                     Ozone National                             hour std, anti-
                                                     Ambient Air Quality                        backsliding.
                                                     Standards--Phase 1
                                                     (MR).
69 FR 35526....................  06/25/2004.......  Revision to the         Final rule;        Filing of
                                                     Preamble of the Final   correction.        petitions for
                                                     Rule to Implement the                      review.
                                                     8-Hour Ozone National
                                                     Ambient Air Quality
                                                     Standards--Phase 1;
                                                     Correction (CO).

70 FR 5593.....................  02/03/2005.......  Implementation of the   Proposed rule;     Waiver from anti-
                                                     8-Hour Ozone National   notice of public   backsliding of 1-
                                                     Ambient Air Quality     hearing.           hour ozone Sec.
                                                     Standards--Phase 1:                        185 penalty fees
                                                     Reconsideration (RE).                      and contingency
                                                                                measures;
                                                                                listing of 1-
                                                                                hour attainment
                                                                                demos as
                                                                                applicable
                                                                                requirement.
70 FR 17018....................  04/04/2005.......  Nonattainment Major     Proposed rule;     NSR under 8-hour
                                                     New Source Review       notice of public   NAAQS.
                                                     Implementation Under    hearing.
                                                     8-Hour Ozone National
                                                     Ambient Air Quality
                                                     Standards:
                                                     Reconsideration (RE).
70 FR 30592....................  05/26/2005.......  Implementation of the   Final rule.......  Waiver from Anti-
                                                     8-Hour Ozone National                      backsliding of 1-
                                                     Ambient Air Quality                        hour ozone Sec.
                                                     Standards--Phase 1:                        185 penalty fees
                                                     Reconsideration (RE).                      and contingency
                                                                                measures;
                                                                                listing of 1-
                                                                                hour attainment
                                                                                demos as
                                                                                applicable
                                                                                requirement.
70 FR 39413....................  07/08/2005.......  Nonattainment Major     Final rule;        NSR under 8-hour
                                                     New Source Review       notice of final    NAAQS.
                                                     Implementation Under    action on
                                                     8-Hour Ozone National   reconsideration.
                                                     Ambient Air Quality
                                                     Standards:
                                                     Reconsideration (RE).
70 FR 44470....................  08/03/2005.......  Identification of       Final Rule.......  Part 81 change to
                                                     Ozone Areas for Which                      reflect
                                                     the 1-Hour Standard                        revocation of 1-
                                                     Has Been Revoked and                       hour standard;
                                                     Technical Correction                       correction to 40
                                                     to Phase 1 Rule (RE).                      CFR 51.905(c).
70 FR 71612....................  11/29/2005.......  Final Rule To           Final Rule.......  All other 8-hour
                                                     Implement the 8-Hour                       ozone SIP
                                                     Ozone National                             requirements,
                                                     Ambient Air Quality                        including
                                                     Standards--Phase 2;                        attainment demo,
                                                     Final Rule to                              RFP, RACT/RACM.
                                                     Implement Certain
                                                     Aspects of the 1990
                                                     Amendments Relating
                                                     to New Source Review
                                                     and Prevention of
                                                     Significant
                                                     Deterioration as They
                                                     Apply in Carbon
                                                     Monoxide, Particulate
                                                     Matter and Ozone
                                                     NAAQS; Final Rule for
                                                     Reformulated Gasoline
                                                     (MR).
71 FR 15098....................  03/27/2006.......  Implementation of the   Proposed rule;     Overwhelming
                                                     8-Hour Ozone National   notice of public   transport
                                                     Ambient Air Quality     hearing;           classification.
                                                     Standards--Phase 1:     reopening
                                                     Reconsideration (RE).   comment period.
71 FR 58498....................  10/04/2006.......  Final Rule To           Final rule;        Corrections to
                                                     Implement the 8-Hour    correction.        methods for
                                                     Ozone National                             calculating RFP
                                                     Ambient Air Quality                        targets.
                                                     Standards--Phase 2;
                                                     Final Rule to
                                                     Implement Certain
                                                     Aspects of the 1990
                                                     Amendments Relating
                                                     to New Source Review
                                                     and Prevention of
                                                     Significant
                                                     Deterioration as They
                                                     Apply in Carbon
                                                     Monoxide, Particulate
                                                     Matter and Ozone
                                                     NAAQS; Final Rule for
                                                     Reformulated
                                                     Gasoline; Correction
                                                     (CO).
71 FR 75902....................  12/19/2006.......  Phase 2 of the Final    Proposed Rule....  CAIR/RACT issue &
                                                     Rule To Implement the                      two NSR issues.
                                                     8-Hour Ozone National
                                                     Ambient Air Quality
                                                     Standards--Notice of
                                                     Reconsideration (RE).
72 FR 31727....................  06/08/2007.......  Phase 2 of the Final    Final notice of    CAIR/RACT issue &
                                                     Rule To Implement the   reconsideration.   two NSR issues.
                                                     8-Hour Ozone National
                                                     Ambient Air Quality
                                                     Standards--Notice of
                                                     Reconsideration (RE).
73 FR 42294....................  07/21/2008.......  Proposed Rule to        Proposed Rule....  Phase 2 rule
                                                     Implement the 1997 8-                      addressing
                                                     Hour Ozone National                        partial vacatur
                                                     Ambient Air Quality                        on RFP Credit
                                                     Standard: Addressing                       from outside
                                                     a Portion of the                           nonattainment
                                                     Phase 2 Ozone                              area.
                                                     Implementation Rule
                                                     Concerning Reasonable
                                                     Further Progress
                                                     Emissions Reduction
                                                     Credits Outside Ozone
                                                     Nonattainment Areas
                                                     (OT).

74 FR 2936.....................  01/16/2009.......  Proposed Rule To        Proposed Rule....  Phase 1 Rule--
                                                     Implement the 1997 8-                      response to
                                                     Hour Ozone National                        vacatur--Subpart
                                                     Ambient Air Quality                        1 areas, 1-hour
                                                     Standards: Revision                        contingency
                                                     of Subpart 1 Area                          measures, rule
                                                     Reclassification and                       text revision on
                                                     Anti-backsliding                           1-hour Anti-
                                                     Provisions Under                           backsliding
                                                     Former 1-Hour Ozone                        exemptions.
                                                     Standard; Proposed
                                                     Deletion of Obsolete
                                                     1-Hour Ozone Standard
                                                     Provision.
74 FR 34525....................  07/16/2009.......  Ambient Ozone           Proposed Rule....  Proposing to
                                                     Monitoring                                 modify
                                                     Regulations:                               monitoring
                                                     Revisions to Network                       requirements and
                                                     Design Requirements.                       extend the
                                                                                length of the
                                                                                required ozone
                                                                                monitoring
                                                                                season in some
                                                                                states.
74 FR 40074....................  08/11/2009.......  Implementation of the   Final Rule.......  Phase 2 rule
                                                     1997 8-Hour Ozone                          addressing
                                                     National Ambient Air                       partial vacatur
                                                     Quality Standard:                          on RFP Credit
                                                     Addressing a Portion                       from outside
                                                     of the Phase 2 Ozone                       nonattainment
                                                     Implementation Rule                        area.
                                                     Concerning Reasonable
                                                     Further Progress
                                                     Emissions Reduction
                                                     Credits Outside Ozone
                                                     Nonattainment Areas.
75 FR 51960....................  08/24/2010.......  Proposed Rule To        Proposed Rule....  Proposing to
                                                     Implement the 1997 8-                      address New
                                                     Hour Ozone National                        Source Review
                                                     Ambient Air Quality                        anti-backsliding
                                                     Standard: New Source                       requirements for
                                                     Review Anti-                               the revoked 1-
                                                     Backsliding                                hour ozone
                                                     Provisions for Former                      NAAQS.
                                                     1-Hour Ozone Standard.
75 FR 80420....................  12/22/2010.......  Reasonable Further      Proposed Rule....  Proposing to
                                                     Progress Requirements                      revise the
                                                     for the 1997 8-Hour                        agency's earlier
                                                     Ozone National                             interpretation
                                                     Ambient Air Quality                        of its rule that
                                                     Standards.                                 allowed
                                                                                emissions
                                                                                reductions from
                                                                                outside the
                                                                                nonattainment
                                                                                area to be
                                                                                credited toward
                                                                                meeting the RFP
                                                                                requirements
                                                                                inside the area.
76 FR 41731....................  07/15/2011.......  Air Quality:            Proposed Rule....  Proposing: 1)
                                                     Widespread Use for                         criteria for
                                                     Onboard Refueling                          determining
                                                     Vapor Recovery and                         whether onboard
                                                     Stage II Waiver.                           refueling vapor
                                                                                recovery (ORVR)
                                                                                is in widespread
                                                                                use; 2) to
                                                                                determine the
                                                                                date at which
                                                                                widespread use
                                                                                of ORVR will
                                                                                occur.
----------------------------------------------------------------------------------------------------------------

Appendix C to Preamble Methods To Account for Non-Creditable Reductions
When Calculating RFP Targets for the 2008 Ozone NAAQS

    The following methods properly account for the non-creditable
emissions reductions when calculating RFP targets.\1\ They are
consistent with requirements of sections 182(b)(1)(C) and (D) and
182(c)(2)(B) of the CAA.\2\
---------------------------------------------------------------------------

    \1\ These methods assume the use of EPA's on-road motor vehicle
emissions model in all states other than California. All of the
methods given here require the user to turn off all post-1990 CAA
measures as part of the calculation. In EPA's current motor vehicle
emissions model, MOVES, this is accomplished by selecting ``Rate of
Progress'' in the ``Strategies'' section of the MOVES Navigation
Panel. This is described in the MOVES2010 User's Guide and in the
MOVES Technical Guidance (both found at www.epa.gov/otaq/models/moves/index.htm). Users of future versions of EPA's motor vehicle
emissions model should consult the appropriate User's Guide for the
version of the model they are using for instructions on what model
command to use. For California nonattainment areas, the current
motor vehicle emissions model is EMFAC2007. Users modeling
California nonattainment areas should consult with the EPA regional
office for information on doing equivalent calculations in that
model and in future versions.
    \2\ These sections of the Clean Air Act list four types of
measures that are not creditable in these calculations: motor
vehicle exhaust or evaporative standards promulgated by January 1,
1990; certain fuel RVP requirements that were implemented in 1992;
certain corrections to RACT provisions in SIPs; and certain
corrections to I/M programs. The latter two corrections occurred
shortly after 1990 and no longer need to be accounted for. The
methods described in this appendix address the first two types of
non-creditable reductions.
---------------------------------------------------------------------------

    (1) Method 1 applies to areas (or portions thereof) that must
meet a 15 percent VOC reduction requirement without NOX
substitution:
    (A) Estimate the actual anthropogenic baseline year VOC
inventory for the baseline year with all control programs that were
in the baseline year.

    (B) Using the same highway vehicle activity inputs used to
calculate the actual baseline year inventory, run the appropriate
motor vehicle emissions model for the baseline year and the 15
percent milestone year (i.e., the sixth year following the baseline
year) with all post-1990 CAA measures turned off. Any other local
inputs for vehicle inspection and maintenance (I/M) programs should
be set according to the program that was required to be in place in
1990. Fuel vapor pressure (RVP) should be set at 9.0 or 7.8
depending on the RVP required in the local area as a result of the
RVP regulations promulgated in June 1990.
    (C) Calculate the difference between the baseline and 15 percent
milestone year VOC emission factors calculated in Step B and
multiply by vehicle miles traveled (VMT) for the baseline year. The
result is the VOC emissions reduction that will occur between the
baseline year and the 15 percent milestone year without the benefits
of any post-1990 CAA measures. This is the non-creditable reduction
that will occur over this period.
    (D) Subtract the non-creditable reduction calculated in Step C
from the actual anthropogenic baseline inventory estimated in Step
A. This adjusted VOC inventory is the basis for calculating the
target level of actual emissions in the 15 percent milestone year.
    (E) Reduce the adjusted VOC inventory calculated in Step D by 15
percent. The result is the level of VOC emissions in the 15 percent
milestone year necessary to meet the 15 percent VOC reduction
requirement. The actual projected 15 percent milestone year
inventory for all sources with all control measures in place in the
milestone year and including projected growth in activity through
the 15 percent milestone year must be at or lower than this target
level of emissions.
    (2) Method 2 applies to areas initially classified as Moderate
for the 2008 ozone NAAQS and portions thereof and for areas or those
portions thereof that had already met the 15 percent RFP requirement
for VOC in section 182(b)(1) of the CAA for the 1-hour ozone NAAQS
or the 1997 ozone NAAQS, or, that met this 15 percent RFP
requirement based upon a combination of SIPs for both the 1-hour
ozone NAAQS and the 1997 ozone NAAQS. These areas or the portions
thereof are covered by subpart 1 RFP requirements and must meet a 15
percent VOC emission reduction requirement by the 15 percent
milestone year but with NOX substitution allowed,
following EPA's NOX Substitution Guidance \3\:
---------------------------------------------------------------------------

    \3\ NOX Substitution Guidance (December 15, 1993;
available at http://www.epa.gov/ttn/oarpg/t1pgm.html).
---------------------------------------------------------------------------

    (A) Estimate the actual anthropogenic baseline year inventory
for both VOC and NOX with all control programs in place
in the baseline year.
    (B) Using the same highway vehicle activity inputs used to
calculate the baseline year inventory, run the appropriate motor
vehicle emissions model for the baseline year and the 15 percent
milestone year with all post-1990 CAA measures turned off. Any other
local inputs for I/M programs should be set according to the program
that was required to be in place in 1990. Fuel RVP should be set at
9.0 or 7.8 depending on the RVP required in the local area as a
result of RVP regulations promulgated in June 1990.
    (C) Calculate the difference between the baseline and 15 percent
milestone years VOC emissions factors calculated in Step B and
multiply by the baseline year VMT. The result is the VOC emissions
reduction that will occur between the baseline year and the 15
percent milestone year without the benefits of any post-1990 CAA
measures. This is the non-creditable VOC reduction that will occur
over this period. Calculate the difference between the baseline year
and the 15 percent milestone year NOX emissions factors
calculated in Step B and multiply by the baseline year VMT. This
result is the NOX emissions reduction that will occur
between the baseline year and the 15 percent milestone year without
the benefits of any post-1990 CAA measures. This is the non-
creditable NOX reduction that will occur over this
period.
    (D) Subtract the non-creditable VOC reduction calculated in Step
C from the actual anthropogenic baseline year VOC inventory
estimated in Step A. Subtract the non-creditable NOX
reduction calculated in Step C from the actual anthropogenic
baseline year NOX inventory estimated in Step A. These
adjusted VOC and NOX inventories are the basis for
calculating the target level of emissions in the 15 percent
milestone year.
    (E) The target for VOC and NOX emissions in the 15
percent milestone year needed to meet the 15 percent milestone year
RFP requirement is any combination of VOC and NOX
emissions which result in a combined total of 15 percent reductions
when compared to the adjusted VOC and NOX inventories
calculated in Step D. For example, the target level of VOC emissions
in the 15 percent milestone year could be 90 percent of the adjusted
VOC inventory calculated in Step D, which would be a 10 percent
reduction, and similarly the target level of NOX
emissions could be 95 percent of the adjusted VOC inventory
calculated in Step D, which would be a 5 percent reduction. The
actual projected 15 percent milestone year VOC and NOX
inventories for all sources with all control measures in place as of
the milestone year and including projected 15 percent milestone year
growth in activity must be at or lower than the target levels of VOC
and NOX emissions.
    (3) Method 3 applies to Serious and higher classified areas for
the 2008 ozone NAAQS or portions thereof that have met a 15 percent
reduction requirement for a previous ozone NAAQS and that must meet
an 18 percent VOC emission reduction requirement with NOX
substitution allowed, following EPA's NOX Substitution
Guidance \4\:
---------------------------------------------------------------------------

    \4\ NOX Substitution Guidance (December 15, 1993;
available at http://www.epa.gov/ttn/oarpg/t1pgm.html).
---------------------------------------------------------------------------

    (A) Estimate the actual anthropogenic baseline year inventory
for both VOC and NOX with all source control programs in
place during the baseline year.
    (B) Using the same highway vehicle activity inputs used to
calculate the baseline year inventory, run the appropriate motor
vehicle emissions model for the baseline year and the 18 percent
milestone year (i.e., the sixth year following the baseline year)
with all post-1990 CAA measures turned off. Any other local inputs
for I/M programs should be set according to the program that was
required to be in place in 1990. Fuel RVP should be set at 9.0 or
7.8 depending on the RVP required in the local area as a result of
RVP regulations promulgated in June 1990.
    (C) Calculate the difference between the baseline year and the
18 percent milestone year VOC emissions factors calculated in Step B
and multiply this difference by the baseline year VMT. The result is
the VOC emissions reduction that will occur between the baseline
year and the milestone year without the benefits of any post-1990
CAA measures. This is the non-creditable VOC reduction that will
occur over this period. Calculate the difference between the
baseline and milestone years NOX emissions factors
calculated in Step B and multiply by the baseline year VMT. This
result is the NOX emissions reduction that will occur
between the baseline year and the milestone year without the
benefits of any post-1990 CAA measures. This is the non-creditable
NOX reduction that will occur over this period.
    (D) Subtract the non-creditable VOC reduction calculated in Step
C from the actual anthropogenic baseline year VOC inventory
estimated in Step A. Subtract the non-creditable NOX
reduction calculated in Step C from the actual anthropogenic
baseline year NOX inventory estimated in Step A. These
adjusted VOC and NOX inventories are the basis for
calculating the target level of emissions in the milestone year.
    (E) The target for VOC and NOX emissions in the 18
percent milestone year needed to meet the 18 percent milestone year
RFP requirement is any combination of VOC and NOX
emissions that result in a combined total of 18 percent reductions
when compared to the adjusted VOC and NOX inventories
calculated in Step D. For example, the target level of VOC emissions
in the 18 percent milestone year could be 92 percent of the adjusted
VOC inventory in Step D (and 8 percent reduction in VOC) and 90
percent of the adjusted NOX inventory in Step D (a 10
percent reduction in NOX). The actual projected 18
percent milestone year VOC and NOX inventories for all
sources with all control measures in place in the milestone year and
including projected 18 percent milestone year growth in activity
must be at or lower than the target levels of VOC and NOX
emissions.
    (4) Method 4 applies to all Serious and higher classified areas
that have used Method 1 (and therefore do not have a NOX
target level of emissions for the 15 percent milestone year) and
must meet an additional reduction VOC requirement of 9 percent every
3 years after the 15 percent milestone year with NOX
substitution allowed, following EPA's NOX Substitution
Guidance. Each subsequent target level of emissions should be
calculated as an emission reduction from the previous target.

    (A) Estimate the actual anthropogenic baseline year
NOX inventory in the baseline year with all control
programs in place in the baseline year.
    (B) Using the same highway vehicle activity inputs used to
calculate the actual baseline year inventory, run the appropriate
emissions model for VOC and NOX in the baseline year and
the 15 percent milestone year (previously done in Step B in Method 1
for VOC but not necessarily for NOX) and the first 9
percent milestone year with all post-1990 CAA measures turned off.
Any other local inputs for I/M programs should be set according to
the program that was required to be in place in 1990. Fuel RVP
should be set at 9.0 or 7.8 depending on the RVP required in the
local area as a result of fuel RVP regulations promulgated in June,
1990.
    (C) Calculate the difference between the 15 percent milestone
year and the first 9 percent milestone year VOC emission factors
calculated in Step B and multiply by the baseline year VMT. The
result is the VOC emissions reduction that will occur between the 15
percent milestone year and the 9 percent milestone year without the
benefits of any post-1990 CAA measures. This is the non-creditable
VOC reduction that will occur over this period. Calculate the
difference between the baseline year and the first 9 percent
milestone year NOX emission factors calculated in Step B
and multiply by the baseline year VMT. The result is the
NOX emissions reduction that will occur between the
baseline year and the first 9 percent milestone year without the
benefits of any post-1990 CAA measures. This is the non-creditable
NOX reduction that will occur over this period.
    (D) Subtract the non-creditable VOC reduction calculated in Step
C from the 15 percent milestone year VOC target level of emissions
calculated previously. Subtract the non-creditable NOX
reduction calculated in Step C from the actual the baseline year
NOX inventory of emissions calculated in Step A. These
adjusted VOC and NOX inventories are the basis for
calculating the target level of emissions for the first 9 percent
milestone year.
    (E) The target for VOC and NOX emissions in the 9
percent milestone year needed to meet the first 9 percent milestone
year RFP requirement is any combination of VOC and NOX
emissions that result in a combined total of 9 percent reductions
when compared to the adjusted VOC and NOX inventories
calculated in Step D that total 9 percent. For example, the target
level of VOC emissions in the first 9 percent milestone year could
be 96 percent of the adjusted VOC inventory in Step D (a 4 percent
reduction in VOC emissions) and 95 percent of the adjusted
NOX inventory in Step D (a 5 percent reduction in
NOX emissions). The actual projected first 9 percent
milestone year VOC and NOX inventories for all sources
with all control measures in place in the milestone year and
including projected first 9 percent milestone year growth in
activity must be at or lower than the target levels of VOC and
NOX emissions.
    (F) For subsequent 3-year periods until the attainment date, the
adjusted VOC inventory should be based on the difference in VOC
emissions during that 3-year period when all post-1990 CAA measures
are turned off, subtracted from the previous VOC target level of
emissions. For subsequent 3-year periods, the adjusted
NOX inventory should be based on the difference in
NOX emissions during that 3-year period when all post-
1990 CAA measures are turned off, subtracted from the previous
NOX target level of emissions. For example, for the
subsequent 9 percent milestone year, take the VOC and NOX
emissions reductions that will occur between the 9 percent milestone
year and the subsequent 9 percent milestone year without the
benefits of any post-1990 CAA measures and with consistent vehicle
activity. These reductions are subtracted from the 9 percent
milestone year target level of VOC and NOX emissions
calculated in Step E to get the adjusted VOC and NOX
inventories to be used as the basis for calculating the target
levels of VOC and NOX emissions in the subsequent 9
percent milestone year.
    (5) Method 5 applies to all Moderate areas that are subsequently
reclassified as Serious (or higher) pursuant to section 181(b) of
the CAA, that used Method 2 (and therefore do have a NOX
target level of emissions for the 15 percent milestone year) and
that must meet an additional reduction VOC requirement of 9 percent
every 3 years after the 15 percent milestone year with
NOX substitution allowed, following EPA's NOX
Substitution Guidance. Each subsequent target level of emissions
should be calculated as an emissions reduction from the previous
target.
    (A) Using the same highway vehicle activity inputs used to
calculate the actual baseline year inventory, run the appropriate
emissions model for VOC and NOX in the 15 percent
milestone year (previously done in Step B in Method 2) and the 9
percent milestone year with all post-1990 CAA measures turned off.
Any other local inputs for I/M programs should be set according to
the program that was required to be in place in 1990. Fuel RVP
should be set at 9.0 or 7.8 depending on the RVP required in the
local area as a result of fuel RVP regulations promulgated in June
1990.
    (B) Calculate the difference between the 15 percent milestone
year and the 9 percent milestone year VOC emission factors
calculated in Step A and multiply by the baseline year VMT. The
result is the VOC emissions reduction that will occur between the 15
percent milestone year and the 9 percent milestone year without the
benefits of any post-1990 CAA control measures. This is the non-
creditable VOC reduction that will occur over this period. Calculate
the difference between the baseline year and the first 9 percent
milestone year NOX emission factors calculated in Step A
and multiply by the baseline year VMT. The result is the
NOX emissions reduction that will occur between the
baseline year and the first 9 percent milestone year without the
benefits of any post-1990 CAA measures. This is the non-creditable
NOX reduction that will occur over this period.
    (C) Subtract the non-creditable VOC reduction calculated in Step
B from the 15 percent milestone year VOC target level of emissions
calculated previously. Subtract the non-creditable NOX
reduction calculated in Step B from the 15 percent milestone year
NOX target level of emissions calculated previously.
These adjusted VOC and NOX inventories are the basis for
calculating the target level of emissions for the 9 percent
milestone year.
    (D) The target for VOC and NOX emissions in the 9
percent milestone year needed to meet the first 9 percent milestone
year RFP requirement is any combination of VOC and NOX
emissions that result in a combined total of 9 percent reductions
when compared to the adjusted VOC and NOX inventories
calculated in Step D For example, the target level of VOC emissions
in the first 9 percent milestone year could be 96 percent of the
adjusted VOC inventory in Step C (a 4 percent reduction in VOC
emissions) and 95 percent of the adjusted NOX inventory
in Step C (a 5 percent reduction in NOX emissions). The
actual projected 9 percent milestone year VOC and NOX
inventories for all sources with all control measures in place and
including projected 9 percent milestone year growth in activity must
be at or lower than the target levels of VOC and NOX
emissions.
    (E) For subsequent 3-year periods until the attainment date, the
adjusted VOC inventory should be based on the difference in VOC
emissions during that 3-year period when all post-1990 CAA measures
are turned off using the same VMT used in the baseline year,
subtracted from the previous VOC target level of emissions. For
subsequent 3-year periods, the adjusted NOX inventory
should be based on the difference in NOX emissions during
that 3-year period when all post-1990 CAA measures are turned off
using the same VMT used in the baseline year, subtracted from the
previous NOX target level of emissions. For example, for
the subsequent 9 percent milestone year, take the VOC and
NOX emissions reductions that will occur between the 9
percent milestone year and the subsequent 9 percent milestone year
without the benefits of any post-1990 CAA measures. These reductions
are subtracted from the 9 percent milestone year target level of VOC
and NOX emissions calculated in Step D to get the
adjusted VOC and NOX inventories to be used as the basis
for calculating the target levels of VOC and NOX
emissions in the subsequent 9 percent milestone year.
    (6) Method 6 applies to all Serious and higher classified areas
that have used Method 3 (and therefore do have a NOX
target level of emissions for the 18 percent milestone year) and
must meet an additional reduction VOC requirement of 9 percent every
3 years after the 18 percent milestone year with NOX
substitution allowed, following the EPA's NOX
Substitution Guidance. Each subsequent target level of emissions
should be calculated as an emissions reduction from the previous
target.
    (A) Using the same highway vehicle activity inputs used to
calculate the actual baseline year inventory, run the appropriate
emissions model for VOC and NOX in the 18 percent
milestone year (previously done in Step B in Method 3) and the 9
percent milestone year with all post-1990 CAA measures turned off.
Any other local inputs

for I/M programs should be set according to the program that was
required to be in place in 1990. Fuel RVP should be set at 9.0 or
7.8 depending on the RVP required in the local area as a result of
fuel RVP regulations promulgated in June 1990.
    (B) Calculate the difference between the 18 percent milestone
year and the 9 percent milestone year VOC emission factors
calculated in Step A and multiply by the baseline year VMT. The
result is the VOC emissions reduction that will occur between the 18
percent milestone year and the 9 percent milestone year without the
benefits of any post-1990 CAA control measures. This is the non-
creditable VOC reduction that will occur over this period. Calculate
the difference between the baseline year and the first 9 percent
milestone year NOX emission factors calculated in Step A
and multiply by the baseline year VMT. The result is the
NOX emissions reduction that will occur between the
baseline year and the first 9 percent milestone year without the
benefits of any post-1990 CAA measures. This is the non-creditable
NOX reduction that will occur over this period.
    (C) Subtract the non-creditable VOC reduction calculated in Step
B from the 18 percent milestone year VOC target level of emissions
calculated previously. Subtract the non-creditable NOX
reduction calculated in Step B from the 18 percent milestone year
NOX target level of emissions calculated previously.
These adjusted VOC and NOX inventories are the basis for
calculating the target level of emissions for 9 percent milestone
year.
    (D) The target for VOC and NOX emissions in the 9
percent milestone year needed to meet the first 9 percent milestone
year RFP requirement is any combination of VOC and NOX
emissions that result in a combined total of 9 percent reductions
when compared to the adjusted VOC and NOX inventories
calculated in Step D For example, the target level of VOC emissions
in the first 9 percent milestone year could be 96 percent of the
adjusted VOC inventory in Step C (a 4 percent reduction in VOC
emissions) and 95 percent of the adjusted NOX inventory
in Step C (a 5 percent reduction in NOX emissions). The
actual projected 9 percent milestone year VOC and NOX
inventories for all sources with all control measures in place and
including projected 9 percent milestone year growth in activity must
be at or lower than the target levels of VOC and NOX
emissions.
    (E) For subsequent 3-year periods until the attainment date, the
adjusted VOC inventory should be based on the difference in VOC
emissions during that 3-year period when all post-1990 CAA measures
are turned off using the same VMT used in the baseline year,
subtracted from the previous VOC target level of emissions. For
subsequent 3-year periods, the adjusted NOX inventory
should be based on the difference in NOX emissions during
that 3-year period when all post-1990 CAA measures are turned off
using the same VMT used in the baseline year, subtracted from the
previous NOX target level of emissions. For example, for
the subsequent 9 percent milestone year, take the difference in VOC
and NOX emissions reductions that will occur between the
9 percent milestone year and the subsequent 9 percent milestone year
without the benefits of any post-1990 CAA measures. These values are
subtracted from the 9 percent milestone year target level of VOC and
NOX emissions calculated in Step D to get the adjusted
VOC and NOX inventories to be used as the basis for
calculating the target levels of VOC and NOX emissions in
the subsequent 9 percent milestone year.

Appendix D to Preamble--List of Areas Nonattainment for the 2008 Ozone
NAAQS In Addition to a Prior Ozone NAAQS

   Table 1--Areas Nonattainment for Both the 2008 and 1997 Ozone NAAQS
------------------------------------------------------------------------
                                1997 8-hour ozone  1997 Ozone attainment
 2008 Nonattainment area name     classification       determination
------------------------------------------------------------------------
Atlanta Area, GA *............  Moderate.........  Attainment Deadline
                                                    Determination **
                                                    Clean Data
                                                    Determination.
Calaveras County, CA *........  Moderate.........  Attainment Deadline
                                                    Determination Clean
                                                    Data Determination.
Charlotte-Rock Hill Area, NC,   Moderate.........  Attainment Deadline
 SC *.                                              Determination ***
                                                    Clean Data
                                                    Determination.
Chico Area, CA................  Marginal.........  Attainment Deadline
                                                    Determination Clean
                                                    Data Determination.
Denver-Boulder-Greeley-Ft.      Marginal.........  .....................
 Collins-Loveland Area, CO.
Imperial County Area, CA......  Moderate.........  Clean Data
                                                    Determination.
Jamestown Area, NY............  Moderate.........  Clean Data
                                                    Determination ****
Kern County (Eastern Kern)      Moderate.........  Attainment Deadline
 Area, CA.                                          Determination Clean
                                                    Data Determination.
Mariposa County, CA *.........  Moderate.........  Attainment Deadline
                                                    Determination Clean
                                                    Data Determination.
Nevada County (Western part)    Moderate.........  Attainment Deadline
 Area, CA.                                          Determination Clean
                                                    Data Determination.
Phoenix-Mesa Area, AZ *.......  Marginal.........  .....................
Pittsburgh-Beaver Valley Area,  Moderate.........  Clean Data
 PA.                                                Determination ****
San Diego Area, CA............  Moderate.........  **
Sheboygan County, WI..........  Moderate.........  Attainment Deadline
                                                    Determination *****
                                                    Clean Data
                                                    Determination.
St. Louis-St. Charles-          Moderate.........  Attainment Deadline
 Farmington, MO-IL *.                               Determination ******
                                                    Clean Data
                                                    Determination.
------------------------------------------------------------------------
* 2008 nonattainment area boundary differs from 1997 nonattainment area
  boundary.
** The EPA published a proposed approval action for the state submitted
  redesignation request under CAA section 107(d)(3)(E) for the 1997
  ozone NAAQS.
*** The EPA published a final approval action for the redesignation
  request submitted by the state of SC under CAA section 107(d)(3)(E)
  for the 1997 ozone NAAQS. The state of NC submitted a redesignation
  request under CAA Sec.   107(d)(3)(E) for the 1997 ozone NAAQS.
**** Former subpart 1 areas with Determinations of Attainment prior to
  subpart 2 classification on May 14, 2012 (77 FR 28424). The EPA is
  considering approving an Attainment Deadline Determination for the
  Marginal or Moderate 1997 ozone NAAQS attainment date.
****** The state of WI submitted a redesignation request under CAA
  section 107(d)(3)(E) for the 1997 ozone NAAQS.
******* The EPA published a final approval action for the redesignation
  request submitted by the state of IL under CAA section 107(d)(3)(E)
  for the 1997 ozone NAAQS. The state of MO submitted a redesignation
  request under CAA section 107(d)(3)(E) for the 1997 ozone NAAQS.

                                         Table 2--Areas Nonattainment for the 2008, 1997, and 1-Hour Ozone NAAQS
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                1-Hour ozone
    2008 Nonattainment area name        2008 8-Hour ozone         1-Hour ozone            attainment         1997 8-Hour ozone     1997 Ozone attainment
                                         classification          classification         determination          classification          determination
--------------------------------------------------------------------------------------------------------------------------------------------------------
Baltimore Area, MD.................  Moderate..............  Severe 15............  Clean Data             Serious..............  ......................
                                                                                Determination.
Dallas-Fort Worth Area, TX *.......  Moderate..............  Serious..............  Clean Data             Serious..............  ......................
                                                                                Determination.
Dukes County, MA *.................  Marginal..............  Serious..............  Clean Data             Moderate.............  Clean Data
                                                                                Determination,                                Determination,
                                                                                Attainment Deadline                           Attainment Deadline
                                                                                Determination.                                Determination.
Greater Connecticut Area, CT.......  Marginal..............  Serious..............  Clean Data             Moderate.............  Clean Data
                                                                                Determination.                                Determination,
                                                                                Attainment Deadline
                                                                                Determination.
Houston-Galveston-Brazoria Area, TX  Marginal..............  Severe 17............  .....................  Severe 15............  ......................
Los Angeles and San Bernardino       Severe 15.............  Severe 17............  .....................  Severe...............  ......................
 Counties (W Mojave Desert) Area,
 CA.
Los Angeles-South Coast Air Basin    Extreme...............  Extreme..............  .....................  Extreme..............  ......................
 Area, CA.
Morongo Areas of Indian Country      Moderate..............  Extreme..............  .....................  Severe-17............  ......................
 (Morongo Band of Mission Indians)
 **.
New York-N. New Jersey-Long Island   Marginal..............  Severe 17............  Clean Data             Moderate.............  Clean Data
 Area, NY, NJ, CT.                                                                   Determination.                                Determination,
                                                                                Attainment Deadline
                                                                                Determination.
Pechanga Areas of Indian Country     Moderate..............  Extreme..............  .....................  Severe-17............  ......................
 (Pechanga Band of Luiseno Mission
 Indians of the Pechanga
 Reservation) **.
Philadelphia-Wilmington-Atlantic     Marginal..............  Severe 15............  Clean Data             Moderate.............  Clean Data
 City Area, PA, NJ, MD, DE *.                                                        Determination,                                Determination,
                                                                                Attainment Deadline                           Attainment Deadline
                                                                                Determination.                                Determination.
Riverside County (Coachella Valley)  Severe 15.............  Severe 17............  .....................  Severe 15............  ......................
 Area (1-hr Southeast Desert), CA.
Sacramento Metro Area, CA..........  Severe 15.............  Severe 15............  Clean Data             Severe 15............  ......................
                                                                                Determination.
San Francisco Bay Area, CA.........  Marginal..............  Other................  Clean Data             Marginal.............  ......................
                                                                                Determination,
                                                                                Attainment Deadline
                                                                                Determination.
San Joaquin Valley Area, CA........  Extreme...............  Extreme..............  .....................  Extreme..............  ......................
Seaford, DE ***....................  Marginal..............  Marginal.............  Clean Data             Moderate.............  Clean Data
                                                                                Determination,                                Determination,
                                                                                Attainment Deadline                           Attainment Deadline
                                                                                Determination.                                Determination.
Ventura County (part) Area, CA.....  Serious...............  Severe 15............  Clean Data             Serious..............  Clean Data
                                                                                Determination,                                Determination.
                                                                                Attainment Deadline
                                                                                Determination.
Washington Area, DC, MD, VA........  Marginal..............  Severe 15............  Clean Data             Moderate.............  Clean Data
                                                                                Determination,                                Determination,
                                                                                Attainment Deadline                           Attainment Deadline
                                                                                Determination.                                Determination.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 2008 nonattainment area boundary differs from 1997 and 1-hr ozone nonattainment area boundary.
** Part of Los Angeles-South Coast Air Basin Area, CA (South Coast) for 1997 and 1-hr ozone nonattainment area boundaries. Classification for the 1997
  ozone NAAQS was the classification based on the DV for a South Coast monitor near the tribal land.
*** Part of the Philadelphia-Wilmington-Atlantic City Area, PA, NJ, MD, DE for 1997 ozone nonattainment area boundary, and part of the Sussex County, DE
  ozone nonattainment area boundary for the 1-hour ozone NAAQS.

Statutory Authority

    The statutory authority for this action is provided by sections
109; 110; 172; 181 through 185B; 301(a)(1) and 501(2)(B) of the CAA, as
amended (42 U.S.C. 7409; 42 U.S.C. 7410; 42 U.S.C. 7502; 42 U.S.C.
7511-7511f; 42 U.S.C. 7601(a)(1); 42 U.S.C. 7661(2)(B)). This notice is
also subject to section 307(d) of the CAA (42 U.S.C. 7407(d)).

List of Subjects

40 CFR Part 50

    Environmental protection, Air pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides.

40 CFR Part 51

    Air pollution control, Intergovernmental relations, Ozone,
Particulate matter, Transportation, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Operating permits, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.

40 CFR Part 71

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Nitrogen oxides,
Operating permits, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: May 29, 2013.
Bob Perciasepe,
Acting Administrator.
    For the reasons stated in the preamble, Title 40, Chapter I of the
Code of Federal Regulations is proposed to be amended as follows:

PART 50--NATIONAL PRIMARY AND SECONDARY AXVYGH9

0
1. The authority citation for part 50 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.
0
2. Section 50.10 is amended by revising paragraph (c) to read as
follows:

Sec.  50.10  National 8-hour primary and secondary ambient air quality
standards for ozone.

* * * * *
    (c) Until date of publication of the final SIP Requirements Rule in
the Federal Register, the 1997 ozone NAAQS set forth in this section
will continue in effect, notwithstanding the promulgation of the 2008
ozone NAAQS under Sec.  50.15. The 1997 ozone NAAQS set forth in this
section will no longer apply to an area upon the date of publication of
the final SIP Requirements Rule in the Federal Register. Area
designations and classifications with respect to the 1997 ozone NAAQS
are codified in CFR part 81.

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION AND SUBMITTAL OF
IMPLEMENTATION PLANS

0
3. The authority citation for part 51 continues to read as follows:

    Authority:  23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Subpart X--Provisions for Implementation of 8-Hour Ozone National
Ambient Air Quality Standard

0
4. Section 51.919 is added to read as follows:

Sec.  51.919  Applicability

    As of one year after the effective date of designations for the
2008 ozone NAAQS, as set forth in 50.10(c), the provisions of Subpart
AA shall replace the provisions of Subpart X, 51.900 to 51.918, which
cease to apply.

Subpart AA--Provisions for Implementation of the 2008 Ozone
National Ambient Air Quality Standards

0
5. Amend part 51, subpart AA by:
0
a. Revising Sec.  51.1100 by adding paragraphs (o) through (aa): and
0
b. Adding Sec. Sec.  51.1104 through 51.1119.
    The revisions and additions read as follows

Subpart AA--Provisions for Implementation of the 2008 Ozone National
Ambient Air Quality Standards
Sec.
51.1100 Definitions.
51.1101 Applicability of part 51.
51.1102 Classification and nonattainment area planning provisions.
51.1103 Application of classification and attainment date provisions
in CAA section 181 of subpart 2 to areas subject to Sec.
51.1102(a).
51.1104 [Reserved].
51.1105 Transition from the 1997 and 1-hour NAAQS to the 2008 ozone
NAAQS and anti-backsliding.
51.1106 Redesignation to nonattainment following initial
designations.
51.1107 Applicability of CAA section 181(a)(5)(B) for an area that
fails to attain the 2008 ozone NAAQS by its attainment date.
51.1108 Modeling and attainment demonstration requirements.
51.1109 [Reserved].
51.1110 Requirements for reasonable further progress (RFP).
51.1111 [Reserved].
51.1112 Requirements for reasonably available control technology
(RACT) and reasonably available control measures (RACM).
51.1113 Section 182(f) NOX exemption provisions.
51.1114 New source review requirements.
51.1115 Emissions inventory requirements.
51.1116 Requirements for an Ozone Transport Region.
51.1117 Fee programs for Severe and Extreme nonattainment areas that
fail to attain.
51.1118 Suspension of attainment SIP planning requirements in a
nonattainment area upon a determination that the area has attained
the ozone NAAQS.
51.1119 Applicability.
Appendixes A-K to Part 51 [Reserved]
Appendix L to Part 51--Example Regulations for Prevention of Air
Pollution Emergency Episodes
Appendix M to Part 51--Recommended Test Methods for State
Implementation Plans
Appendixes N-O to Part 51 [Reserved]
Appendix P to Part 51--Minimum Emission Monitoring Requirements
Appendixes Q-R to Part 51 [Reserved]
Appendix S to Part 51--Emission Offset Interpretative Ruling
Appendixes T-U to Part 51 [Reserved]
Appendix V to Part 51--Criteria for Determining the Completeness of
Plan Submissions
Appendix W to Part 51--Guideline on Air Quality Models
Appendix X to Part 51--Examples of Economic Incentive Programs
Appendix Y to Part 51--Guidelines for BART Determinations Under the
Regional Haze Rule

Subpart AA--Provisions for Implementation of the 2008 Ozone
National Ambient Air Quality Standards.

Sec.  51.1100  Definitions.

* * * * *
    (o) Applicable requirements for an area means the following
requirements, to the extent such requirements apply to the area
pursuant to its classification under CAA section 181(a)(1) for the 1-
hour NAAQS or the 1997 ozone NAAQS at the time of revocation of the
1997 ozone NAAQS:
    (1) Reasonably available control technology (RACT).
    (2) Vehicle inspection and maintenance programs (I/M) under CAA
section 182(b)(4) and 182(c)(3).
    (3) Major source applicability cut offs for purposes of RACT.
    (4) Reductions to achieve Reasonable Further Progress (RFP).
    (5) Clean fuels fleet program under CAA section 183(c)(4).
    (6) Clean fuels for boilers under CAA section 182(e)(3).
    (7) Transportation Control Measures (TCMs) during heavy traffic
hours as specified under CAA section 182(e)(4).
    (8) Enhanced (ambient) monitoring under CAA section 182(c)(1).
    (9) Transportation controls under CAA section 182(c)(5).
    (10) Vehicle miles traveled provisions of CAA section 182(d)(1).

    (11) NOX requirements under CAA section 182(f).
    (12) Attainment demonstration.
    (13) Nonattainment contingency measures required under CAA sections
172(c)(9) and 182(c)(9) for failure to attain the 1-hour or 1997 ozone
NAAQS by the applicable attainment date or to make reasonable further
progress toward attainment of the 1-hour or 1997 ozone NAAQS.
    (14) Nonattainment New Source Review (NSR) requirements.
    (15) Penalty fee program requirements for Severe and Extreme Areas
under CAA section 185.
    (p) CAIR means the Clean Air Interstate Rule codified at 40 CFR
51.123(a) through (ee).
    (q) NOX SIP Call means the rules codified at 40 CFR
51.121 and 51.122.
    (r) Ozone transport region means the area established by CAA
section 184(a) or any other area established by the Administrator
pursuant to CAA section 176A for purposes of ozone.
    (s) Reasonable further progress (RFP) means for the purposes of the
2008 ozone NAAQS, the progress reductions required under CAA section
172(c)(2) and CAA sections 182(b)(1) and (c)(2)(B) and (c)(2)(C).
    (t) Rate of progress (ROP) means for the purposes of the 1-hour
ozone NAAQS, the progress reductions required under CAA section
172(c)(2) and CAA sections 182(b)(1) and (c)(2)(B) and (c)(2)(C).
    (u) Revocation of the 1-hour NAAQS means the time at which the 1-
hour NAAQS no longer apply to an area pursuant to 40 CFR 50.9(b).
    (v) Revocation of the 1997 ozone NAAQS means the time at which the
1997 8-hour NAAQS no longer apply to an area pursuant to 40 CFR
50.10(c).
    (w) Subpart 1 means subpart 1 of part D of title I of the CAA.
    (x) Subpart 2 means subpart 2 of part D of title I of the CAA.
    (y) [Reserved]
    (z) Consolidated submittal means a joint submittal of the emissions
inventory, RACT, and attainment demonstration SIPs no later than 30
months after the effective date of designation.
    (aa) An area ``designated nonattainment for the 1-hour ozone
NAAQS'' means, for purposes of section 51.1105, an area that is subject
to applicable 1-hour ozone NAAQS anti-backsliding requirements at the
time of revocation of the 1997 ozone NAAQS.
* * * * *

Sec.  51.1104  [Reserved]

Sec.  51.1105  Transition from the 1997 ozone NAAQS to the 2008 ozone
NAAQS and anti-backsliding.

    (a) Requirements that continue to apply after revocation of the
1997 ozone NAAQS.
    (1) 2008 ozone NAAQS nonattainment and 1997 ozone NAAQS
nonattainment.
    The following requirements apply to an area designated
nonattainment for the 2008 ozone NAAQS and also designated
nonattainment for the 1997 ozone NAAQS, or nonattainment for both the
1997 and 1-hour ozone NAAQS, at the time of revocation of the 1997
ozone NAAQS:
    (i) The area remains subject to the obligation to adopt and
implement the applicable requirements as defined in Sec.  51.1100(o),
for any NAAQS for which it was designated nonattainment at the time of
revocation, in accordance with its classification for that NAAQS at the
time of that revocation; except as provided in paragraph (b) of this
section.
    (2) 2008 ozone NAAQS nonattainment and 1997 ozone NAAQS
maintenance.
    For an area designated nonattainment for the 2008 ozone NAAQS that
was redesignated to attainment prior to the date of revocation
(hereinafter a ``maintenance area'') for the 1997 ozone NAAQS at the
time of revocation of that NAAQS, the approved SIP, including the
maintenance plan, satisfies the applicable requirements defined in
section 51.1100(o) for the revoked NAAQS. These applicable requirements
shall be implemented in accordance with the measures included in the
area's SIP, including the maintenance plan. Any applicable requirements
that were shifted to contingency measures prior to revocation of the
1997 ozone NAAQS may remain in that form.
    (3) 2008 ozone NAAQS attainment and 1997 ozone NAAQS nonattainment.
    (i) Obligations in an approved SIP.
    An area that is designated attainment for the 2008 ozone NAAQS, and
designated nonattainment for the 1997 ozone NAAQS or for both the 1997
and the 1-hour ozone NAAQS is no longer subject to nonattainment NSR as
of revocation of the 1997 ozone NAAQS: the state may at any time
request that the nonattainment NSR provisions applicable to the area be
removed from the SIP as of that date. The state may also request,
consistent with CAA section 110(l) and 193, that SIP measures adopted
to satisfy other applicable requirements of Sec.  51.1100(o) be shifted
to maintenance contingency measures.
    [OPTION 1] (ii) Termination of previous obligations for areas
initially designated attainment for the 2008 ozone NAAQS.
    For areas initially designated attainment for the 2008 ozone NAAQS,
and designated nonattainment for the 1997 or for both the 1997 and 1-
hour ozone NAAQS at the time of revocation of the 1997 ozone NAAQS, an
area's approved PSD SIP shall satisfy the state's obligations with
respect to the area's maintenance of the 2008 ozone NAAQS pursuant to
CAA section 110(a)(1).
    [OPTION 2] (ii) Maintenance showing for the 2008 ozone NAAQS.
    For areas initially designated attainment for the 2008 ozone NAAQS,
and designated nonattainment for the 1997 or for both the 1997 and 1-
hour ozone NAAQS at the time of revocation of the 1997 ozone NAAQS, the
state shall provide a showing of maintenance for the 2008 ozone NAAQS,
which shall be due no later than three years after the effective date
of designations for the 2008 ozone NAAQS. This maintenance showing
shall demonstrate that the area can continue to maintain the 2008 ozone
NAAQS for 10 years following the designations for that NAAQS.
    (4) 2008 ozone NAAQS attainment and 1997 ozone NAAQS maintenance.
    (i) Obligations in an approved SIP.
    An area that is designated attainment of the 2008 ozone NAAQS and
which has been redesignated to attainment for the 1997 ozone NAAQS with
an approved section 175A maintenance plan, satisfies the applicable
requirements set forth in section 51.1100(o) through implementation of
the provisions of its SIP and maintenance plan. After revocation of the
1997 ozone NAAQS, and to the extent consistent with sections 110(l) and
193, the state may request that obligations under the applicable
requirements of section 51.1100(o) be shifted to its list of
maintenance plan contingency measures.
    (ii) No additional obligation for the 2008 ozone NAAQS.
    For an area that is initially designated attainment for the 2008
ozone NAAQS and which has been redesignated to attainment for the 1997
ozone NAAQS with an approved section 175A maintenance plan, the area's
approved section 175A plan shall satisfy the state's obligations under
CAA section 110(a)(1) with respect to maintenance of the 2008 ozone
NAAQS.
    (b) For how long does an area designated nonattainment for the 2008
ozone NAAQS remain subject to the applicable requirements as provided
under paragraph (a)?

    (1) Redesignation for 2008 ozone NAAQS or approval of a
redesignation substitute for a revoked ozone NAAQS.
    A state remains subject to the obligations for a revoked NAAQS
under paragraphs (a)(1) and (a)(2) of this section until either (1) EPA
approves the area's redesignation to attainment for the 2008 ozone
NAAQS; or (2) EPA approves a showing for the area in a procedure that
succeeds the redesignation process for a revoked NAAQS, and which
serves the same purpose of ending anti-backsliding requirements as
would redesignation, were the NAAQS in effect. Under this redesignation
substitute procedure for a revoked NAAQS, and for this limited anti-
backsliding purpose, the area must show that it has attained that
revoked NAAQS due to permanent and enforceable emission reductions, and
it must demonstrate that it will maintain that NAAQS for ten years from
the date of EPA's approval of this showing. If EPA, after notice-and-
comment rulemaking, approves this showing, it will have the effect set
forth in paragraph (b)(2) below.
    (2) Effect of redesignation to attainment for the 2008 ozone NAAQS
or approval of a redesignation substitute for a revoked ozone NAAQS.
After redesignation to attainment for the 2008 ozone NAAQS, the state
may request that provisions for nonattainment NSR be removed from the
SIP, and that other anti-backsliding obligations be shifted to
contingency measures provided that such action is consistent with CAA
sections 110(l) and 193. After approval of a redesignation substitute
for a revoked NAAQS, the state may request to remove from the SIP
provisions for nonattainment NSR for that revoked NAAQS. The State may
also request to shift other anti-backsliding obligations for the
relevant revoked standard to contingency measures provided that such
action is consistent with CAA sections 110(l) and 193.
    (c) Portions of an area designated nonattainment or attainment for
the 2008 ozone NAAQS that remain subject to the obligations identified
in paragraph (a) of this section.
    Only that portion of the designated nonattainment or attainment
area for the 2008 ozone NAAQS that was required to adopt the applicable
requirements in Sec.  51.1100(o) for purposes of the 1-hour or 1997
ozone NAAQS is subject to the obligations identified in paragraph (a)
of this section. 40 CFR part 81, subpart C identifies the areas
designated nonattainment and associated area boundaries for the 1997
ozone NAAQS. Areas that are designated nonattainment for the 1997 ozone
NAAQS at the time of designation for the 2008 ozone NAAQS may be
redesignated to attainment prior to the effective date of revocation of
that ozone NAAQS.
    (d) Obligations under the 1997 ozone NAAQS that no longer apply
after revocation of the 1997 ozone NAAQS.
    (1) Maintenance plans.
    Upon revocation of the 1997 ozone NAAQS, an area with an approved
1997 ozone NAAQS maintenance plan under CAA section 175A may modify the
maintenance plan: (a) To remove the obligation to submit a maintenance
plan for the 1997 ozone NAAQS 8 years after approval of the initial
1997 ozone NAAQS maintenance plan; and (b) to remove the obligation to
implement contingency measures upon a violation of the 1997 ozone
NAAQS. However, such requirements will remain enforceable as part of
the approved SIP until such time as EPA approves a SIP revision
removing such obligations.
    (2) Determinations of failure to attain the 1997 and/or 1-hour
NAAQS.
    (i) After revocation of the 1997 ozone NAAQS, EPA is no longer
obligated to determine pursuant to CAA section 181(b)(2) or section
179(c) whether an area designated Marginal, Moderate, or Serious
attained the 1997 ozone NAAQS by that area's attainment date for the
1997 ozone NAAQS.
    (ii) Upon revocation of the 1997 ozone NAAQS for an area, under no
circumstances is EPA obligated to reclassify an area to a higher
classification for the 1997 ozone NAAQS based upon a determination that
the area failed to attain the 1997 ozone NAAQS by the area's attainment
date for the 1997 ozone NAAQS.
    (iii) For the revoked 1-hour and 1997 ozone NAAQS, EPA is required
to determine whether a nonattainment area attained the 1-hour or 1997
ozone NAAQS by the area's attainment date solely for the purpose of
addressing an applicable requirement for nonattainment contingency
measures or section 185 fee programs. In making such a determination,
the EPA may consider and apply the provisions of former section 51.907
in interpreting whether a 1-year extension of the attainment date is
applicable under section 172(a)(2)(C) or 181(a)(5) of the CAA.
    (e) What is the continued applicability of the FIP and SIP
requirements pertaining to CAA section 110(a)(2)(D)(i) and (ii) after
revocation of the 1997 ozone NAAQS?
    All control requirements associated with a FIP or approved SIP in
effect for an area at the time the 1997 ozone NAAQS is revoked, such as
the NOX SIP Call or the CAIR shall continue to apply after
revocation of the 1997 ozone NAAQS. Control requirements approved into
the SIP pursuant to obligations arising from section 110(a)(2)(D)(i)
and (ii), including 40 CFR 51.121, 51.122 and 51.123, may be modified
by the state only if the requirements of Sec. Sec.  51.121, 51.122 and
51.123, including statewide NOX emission budgets continue to
be in effect. Any such modification must meet the requirements of CAA
section 110(l).
    (f) New source review.
    An area designated nonattainment for the 2008 ozone NAAQS and
designated nonattainment for the 1997 ozone NAAQS at the time of
revocation of the 1997 ozone NAAQS remains subject to the obligation to
adopt and implement the requirements for nonattainment NSR that apply
or applied to the area pursuant to CAA sections 172(c)(5), 173 and 182
based on the highest of: (i) The area's classification under CAA
section 181(a)(1) for the 1-hour NAAQS as of the effective date of
revocation of the 1-hour ozone NAAQS; (ii) the area's classification
under 40 CFR 51.903 for the 1997 ozone NAAQS as of the date a permit is
issued or as of the effective date of revocation of the 1997 ozone
NAAQS, whichever is earlier; and (iii) the area's classification under
40 CFR 51.1103 for the 2008 ozone NAAQS. Upon removal of nonattainment
NSR obligations for a revoked NAAQS under section 51.1105(b)(ii), the
state remains subject to the obligation to adopt and implement the
requirements for nonattainment NSR that apply or applied to the area
for the remaining applicable NAAQS consistent with this paragraph.

Sec.  51.1106  Redesignation to nonattainment following initial
designations.

    For any area that is initially designated attainment for the 2008
ozone NAAQS and that is subsequently redesignated to nonattainment for
the 2008 ozone NAAQS, any absolute, fixed date applicable in connection
with the requirements of this part other than an attainment date is
extended by a period of time equal to the length of time between the
effective date of the initial designation for the 2008 ozone NAAQS and
the effective date of redesignation, except as otherwise provided in
this subpart. The number of years such an area would have to attain
would be based on the area's classification, consistent with Table 1 in
section 51.1103.

Sec.  51.1107  Applicability of CAA section 181(a)(5)(B) for an area
that fails to attain the 2008 ozone NAAQS by its attainment date.

    (a) A nonattainment area will meet the requirement of CAA section
181(a)(5)(B) pertaining to 1-year extensions of the attainment date if:
    (1) For the first 1-year extension, the area's 4th highest daily 8
hour average in the attainment year is 0.075 ppm or less.
    (2) for the second 1-year extension, the area's 4th highest daily 8
hour value, averaged over both the original attainment year and the
first extension year, is 0.075 ppm or less.
    (b) For purposes of paragraph (a) of this section, the area's 4th
highest daily 8 hour average for a year shall be from the monitor with
the highest 4th highest daily 8 hour average for that year of all the
monitors that represent that area.

Sec.  51.1108  Modeling and attainment demonstration requirements.

    (a) Attainment demonstration requirements for nonattainment areas
classified as Moderate or higher pursuant to Sec.  51.1103.
    (1) An area classified as Moderate under Sec.  51.1103(a) shall be
subject to the attainment demonstration requirement applicable for that
classification under CAA section 182, except such demonstration is due
no later than [option 1: 36 months] [option 2: The state's choice of
either 36 months or 30 months for a consolidated submission] after the
effective date of the area's designation for the 2008 ozone NAAQS.
    (2) An area classified as Serious or higher under Sec.  51.1103(a)
shall be subject to the attainment demonstration requirement applicable
for that classification under CAA section 182, except such
demonstration is due no later than [option 1: 48 months] [option 2: The
state's choice of either 48 months or 30 months for a consolidated
submission] after the effective date of the area's designation for the
2008 ozone NAAQS.
    (b) Attainment demonstration criteria.
    An attainment demonstration due pursuant to paragraph (a) of this
section must meet the requirements of Sec.  51.112; the adequacy of an
attainment demonstration shall be demonstrated by means of a
photochemical grid model or any other analytical method determined by
the Administrator, in the Administrator's discretion, to be at least as
effective.
    (c) Implementation of control measures.
    For each nonattainment area, the state must provide for
implementation of all control measures needed for attainment no later
than the beginning of the attainment year ozone season.

Sec.  51.1109  [Reserved]

Sec.  51.1110  Requirements for reasonable further progress (RFP).

    (a) RFP for nonattainment areas classified pursuant to Sec.
51.1103.
    The RFP requirements specified in CAA section 182 for that area's
classification shall apply.
    (1) Submission deadline. For each area classified as Moderate or
higher pursuant to Sec.  51.1103, the state shall submit a SIP revision
no later than [option 1: 36 months] [option 2: The state's choice of
either 36 months or 30 months for a consolidated submittal] after
designation as nonattainment for the 2008 ozone NAAQS that provides for
RFP as described in paragraphs (a)(2)-(4) of this section.
    (2) RFP requirements for areas classified as Moderate or higher
with an approved 1-hour or 1997 ozone NAAQS 15 percent VOC RFP plan or
a Determination of Attainment for those NAAQS.
    An area classified as Moderate or higher that has the same
boundaries as an area, or is entirely composed of several areas or
portions of areas, for which EPA fully approved a 15 percent plan for
the 1-hour or 1997 ozone NAAQS or which has been determined to be
attaining those NAAQS is considered to have met the requirements of CAA
section 182(b)(1) for the 2008 ozone NAAQS and instead:
    (i) If classified as Moderate or higher, the area is subject to the
RFP requirements under CAA section 172(c)(2) and shall submit a SIP
revision that:
    (A) Provides for a 15 percent emission reduction from the baseline
year within 6 years after the baseline year;
    (B) provides for an additional 3 percent per year reduction from
the end of the first 6 years up to the beginning of the attainment year
if a baseline year earlier than 2011 is used; and
    (C) relies on either NOX or VOC emissions reductions (or
a combination) to meet the requirements of (a)(2)(i)(A) and (B). Use of
NOX emissions reductions must meet the criteria in CAA
section 182(c)(2)(C).
    (ii) If classified as Serious or higher, the area is also subject
to RFP under CAA section 182(c)(2)(B) and shall submit an RFP SIP no
later than [option 1: 48 months] [option 2: The state's choice of
either 48 months or 30 months for a consolidated submission] providing
for an average of 3 percent per year of reduction for:
    (A) All remaining 3-year periods after the first 6-year period
until the area's attainment year; and that
    (B) relies on either NOX or VOC emissions reductions (or
a combination) to meet the requirements of (a)(2)(ii)(A) and (B). Use
of NOX emissions reductions must meet the criteria in CAA
section 182(c)(2)(C).
    (3) RFP requirements for Moderate and above areas for which only a
portion has an approved 15 percent VOC RFP plan for the 1-hour or 1997
ozone NAAQS.
    An area classified as Moderate or higher that contains one or more
areas, or portions of areas, for which EPA fully approved a 15 percent
plan for the 1-hour or 1997 ozone NAAQS as well as areas for which EPA
has not fully approved a 15 percent plan for either the 1-hour or 1997
ozone NAAQS shall meet the requirements of either paragraph (a)(3)(i)
or (ii) below.
    (i) The state shall not distinguish between the portion of the area
that previously met the 15 percent VOC reduction requirement and the
portion of the area that did not, and shall meet the requirements of
(a)(4) of this section for the entire nonattainment area.
    (ii) The state shall treat the area as two parts, each with a
separate RFP target as follows:
    (A) For the portion of the area without an approved 15 percent VOC
RFP plan for the 1-hour or 1997 ozone NAAQS, the state shall submit a
SIP revision as required under paragraph (a)(4) of this section.
Emissions reductions to meet this requirement may come from anywhere
within the 2008 ozone NAAQS nonattainment area.
    (B) For the portion of the area with an approved 15 percent VOC
plan for the 1-hour or 1997 ozone NAAQS, the state shall submit a SIP
as required under paragraph (a)(2) of this section.
    (4) RFP Requirements for areas without an approved 1-hour or 1997
ozone NAAQS 15 percent VOC RFP plan and without a determination of
attainment that suspends the requirements for those NAAQS.
    (i) For each area classified as Moderate or higher, the state shall
submit a SIP revision consistent with CAA section 182(b)(1). The 6-year
period referenced in CAA section 182(b)(1) shall begin January 1 of the
year following the year used for the baseline emissions inventory.
    (ii) For Moderate areas, the plan must provide for an additional 3
percent per year reduction from the end of the first 6 years up to the
beginning of the attainment year if a baseline year earlier than 2011
is used.

    (iii) For each area classified as Serious or higher, the state
shall submit a SIP revision consistent with CAA section 182(c)(2)(B).
The final increment of progress must be achieved no later than the
attainment date for the area.
    (5) Creditability of emission control measures for RFP plans.
    Except as specifically provided in CAA section 182(b)(1)(C) and
(D), section 182(c)(2)(B), and 51.1110(e) below, all emission
reductions from SIP-approved or federally promulgated measures that
occur after the baseline emissions inventory year are creditable for
purposes of the RFP requirements in this section, provided the
reductions meet the requirements for creditability, including the need
to be enforceable, permanent, quantifiable, and surplus.
    (a) Baseline emissions inventory for RFP plans.
    For the RFP plans required under this section, at the time of
designation for the 2008 ozone NAAQS the baseline emissions inventory
shall be the emissions inventory for the most recent calendar year for
which a complete triennial inventory is required to be submitted to EPA
under the provisions of subpart A of this part. States may use an
alternative baseline emissions inventory provided the state
demonstrates why it is appropriate to use the alternative baseline
year. All states associated with a multi-state nonattainment area must
consult and agree on a single alternative baseline year.
    (b) NOX Substitution.
    [Alternative 1 for the final rule] For areas classified as Moderate
or higher that are subject to the requirements of CAA section
182(b)(1), the state must submit an RFP plan for the area that reduces
VOC by 15 percent.
    [Alternative 2 for the final rule] For areas classified as Moderate
or higher that are subject to the requirements of CAA section
182(b)(1), the state may submit an RFP plan for the area that
substitutes NOX reductions for VOC, consistent with section
182(c)(2)(C), provided that the state can demonstrate that the area
achieved a 15 percent reduction in VOC emissions in the 6-year period
from a baseline emission year of 1990.
    [Alternative 3 for the final rule] For areas in the OTR that are
subject to the requirements of CAA section 182(b)(1) for the first
time, the state may submit an RFP plan for an area that substitutes
NOX reductions for VOC, consistent with CAA section
182(c)(2)(C), provided that the state can demonstrate that the area
achieved a 15 percent reduction in VOC emissions in the 6-year period
from a baseline emission year of 1990.
    (c) Creditability of out-of-area emissions reductions. For each
area classified as Moderate or higher pursuant to Sec.  51.1103, in
addition to the restrictions on the credibility of emission control
measures listed in 51.1110(a)(5), creditable emission reductions for
percentage reduction RFP also must be obtained from sources within the
nonattainment area.
    (d) Calculation of non-creditable emissions reductions.
    [Alternative 1 for the final rule] The following four categories of
control measures listed in CAA section 182(b)(1)(D) are no longer
required to be calculated for exclusion in RFP analyses because the
Administrator has determined that due to the passage of time the effect
of these exclusions would be de minimis: (i) Measures related to motor
vehicle exhaust or evaporative emissions promulgated by January 1,
1990; (ii) regulations concerning Reid vapor pressure promulgated by
November 15, 1990; (iii) measures to correct previous RACT
requirements; and (iv) measures required to correct I/M programs.
    [Alternative 2 for the final rule] The non-creditable emissions
reductions for RFP targets must be calculated using the methodology in
Appendix C of the preamble to the 2008 SIP Requirements Rule.

Sec.  51.1111  [Reserved]

Sec.  51.1112  Requirements for reasonably available control technology
(RACT) and reasonably available control measures (RACM).

    (a) RACT requirement for areas classified pursuant to Sec.
51.1103.
    (1) For each primary standard nonattainment area classified
Moderate or higher, the state shall submit a SIP revision that meets
the NOX and VOC RACT requirements in CAA sections 182(b)(2)
and 182(f).
    (2) The state shall submit the RACT SIP for each area no later than
[option 1: 24 months] [option 2: State's choice of either 24 months or
30 months for a consolidated submittal] after the effective date of
designation for the 2008 ozone NAAQS.
    (3) The state shall provide for implementation of RACT as
expeditiously as practicable but no later than January 1 of the fifth
year after the effective date of designation for the 2008 ozone NAAQS.
    (b) Determination of major stationary sources for applicability of
RACT provisions.
    VOCs and NOX are to be considered separately for
purposes of determining whether a source is a major stationary source
as defined in CAA section 302.
    (c) Reasonably Available Control Measures (RACM) requirement for
areas designated nonattainment for the 2008 ozone NAAQS.
    For each nonattainment area required to submit an attainment
demonstration under Sec.  51.1108(a) and (b), the state shall submit
with the attainment demonstration a SIP revision demonstrating that it
has adopted all RACM necessary to demonstrate attainment as
expeditiously as practicable and to meet any RFP requirements.

Sec.  51.1113  Section 182(f) NOX exemption provisions.

    (a) A person or a state may petition the Administrator for an
exemption from NOX obligations under section 182(f) for any
area designated nonattainment for the 2008 ozone NAAQS and for any area
in a section 184 ozone transport region.
    (b) The petition must contain adequate documentation that the
criteria in section 182(f) are met.
    (c) A section 182(f) NOX exemption granted for the 1-
hour or 1997 ozone NAAQS does not relieve the area from any
NOX obligations under section 182(f) for the 2008 ozone
standard.

Sec.  51.1114  New source review requirements.

    The requirements for NSR for the ozone NAAQS are located in Sec.
51.165 of this part.

Sec.  51.1115  Emissions inventory requirements.

    For each nonattainment area classified in accordance with Sec.
51.1103, the emissions inventory requirements in CAA sections 182(a)(1)
and 182(a)(3) shall apply, and such SIP shall be due no later [option
1: 24 months] [option 2: 24 months or state's choice of 30 months for a
consolidated submittal] after designation. For purposes of defining the
data elements for the emissions inventories for these areas, the ozone-
relevant data element requirements under 40 CFR part 51 subpart A shall
apply.

Sec.  51.1116  Requirements for an Ozone Transport Region.

    (a) In general.
    CAA sections 176A and 184 apply for purposes of the 2008 ozone
NAAQS.
    (b) RACT requirements for certain portions of an Ozone Transport
Region.
    (1) The state shall submit a SIP revision that meets the RACT
requirements of CAA section 184(b)(2) for each area that is located in
an ozone transport region.
    (2) The state is required to submit the RACT revision no later than
[option 1:

24 months] [option 2: State's choice of 24 months or 30 months for a
consolidated submittal] after designation for the 2008 ozone NAAQS and
shall provide for implementation of RACT as expeditiously as
practicable but no later than January 1 of the fifth year after
designation for the 2008 ozone NAAQS.

Sec.  51.1117  Fee programs for Severe and Extreme nonattainment areas
that fail to attain.

    For each area classified as Severe or Extreme for the 2008 ozone
NAAQS, the state shall submit a SIP revision within 10 years of the
effective date of designation that meets the requirements of CAA
section 185.

Sec.  51.1118  Suspension of attainment SIP planning requirements in a
nonattainment area upon a determination that the area has attained the
ozone NAAQS.

    Upon a determination by EPA that an area designated nonattainment
for the 2008 ozone NAAQS, or for any prior ozone NAAQS, has attained
the standard, the requirements for such area to submit attainment
demonstrations and associated reasonably available control measures,
reasonable further progress plans, contingency measures for failure to
attain or make reasonable progress and other planning SIPs related to
attainment of the 2008 ozone NAAQS, or for any prior NAAQS for which
the determination has been made, shall be suspended until such time as:
the area is redesignated to attainment for that NAAQS, at which time
the requirements no longer apply; or EPA determines that the area has
violated that NAAQS, at which time the area is again required to submit
such plans.

Sec.  51.1119  Applicability.

    As of revocation of the 1997 ozone NAAQS, as set forth in 50.10(c),
the provisions of Subpart AA shall replace the provisions of Subpart X,
51.900 to 51.918, which cease to apply. See Subpart X section 51.919.
0
6. Appendix S to Part 51 is amended by adding section VII. to read as
follows:

Appendix S to Part 51--Emission Offset Interpretative Ruling

* * * * *

VII. Anti-Backsliding Measures

    Nonattainment area new source review obligations for prior ozone
NAAQS.
    (a) Except as provided in paragraph (b) of this section, an area
designated nonattainment for the 2008 ozone NAAQS and designated
nonattainment for the 1997 ozone NAAQS at the time of revocation of
the 1997 ozone NAAQS remains subject to the obligation to adopt and
implement the requirements for nonattainment new source review that
apply or applied to the area pursuant to CAA sections 172(c)(5), 173
and 182 based on the highest of: (i) The area's classification under
CAA section 181(a)(1) for the 1-hour ozone NAAQS as of the effective
date of revocation of that NAAQS; (ii) the area's classification
under 40 CFR Sec.  51.903 for the 1997 ozone NAAQS as of the date a
permit is issued or as of the effective date of revocation of that
NAAQS, whichever is earlier; and (iii) the area's classification
under 40 CFR Sec.  51.1103 for the 2008 ozone NAAQS.
    (b)(i) An area remains subject to the obligations for a revoked
NAAQS under paragraph (a) until either (1) the area is redesignated
to attainment for the 2008 ozone NAAQS; or (2) EPA, after notice-
and-comment rulemaking, approves a showing for the area in a
procedure that succeeds the redesignation process for a revoked
NAAQS, and which serves the same purpose of ending anti-backsliding
requirements as would redesignation, were the NAAQS in effect. Under
this redesignation substitute procedure for a revoked NAAQS, and for
this limited anti-backsliding purpose, the area must show that it
has attained that revoked NAAQS due to permanent and enforceable
emission reductions, and it must demonstrate that it will maintain
that NAAQS for ten years from the date of EPA's approval of this
showing.
    (ii) Effect of redesignation to attainment for 2008 ozone NAAQS
or approval of a redesignation substitute for a revoked ozone NAAQS.
After redesignation to attainment for the 2008 ozone NAAQS, the
state may request that provisions for nonattainment NSR be removed
from the SIP. After EPA approval of a redesignation substitute for a
revoked NAAQS, the state may request that provisions for
nonattainment NSR for the revoked NAAQS be removed from the SIP.
Upon removal of nonattainment new source review obligations for a
revoked NAAQS, the state remains subject to the obligation to adopt
and implement the requirements for nonattainment new source review
that apply or applied to the area for the remaining applicable NAAQS
consistent with paragraph (a).

[FR Doc. 2013-13233 Filed 6-5-13; 8:45 am]
BILLING CODE 6560-50-P