October 2, 1997

Summary of Attainment Dates Recommendation

Issue: What should the process be for establishing attainment dates for the new ozone and PM2.5 standards?

Recommendation

After discussing the requirements of the CAAA, the BPAP work group generally agrees that all areas should have up to a presumptive 5-year attainment date which is in keeping with Section 172. Areas would be expected to spend this period of time developing their SIP (up to 3 years) and implementing the measures in the SIP.

Upon the submission of its SIP, an area could ask the Administrator for an extension of up to an additional 5 years. Considering the severity of nonattainment and the availability and feasibility of pollution control measures, EPA could grant longer attainment dates of up to 5 additional years on a case-by-case basis. The criteria for granting longer attainment dates must be defined. At a minimum, the work group believes that EPA must acknowledge the difference between areas that plan and implement strategies but fail to reach attainment versus those that fail to complete their planning and/or implementation. Finally, the work group believes that the 3 year assessment period to determine whether or not an area has attained the standard needs to occur subsequent to the 5 year presumptive attainment date.

Section 172 also allows up to 2 1-year extensions. However, this appears to be based on the old (exceedance-based) form of the standard and may not be directly applicable to the new 8-hr (concentration-based) form of the standard. Guidance on the issue of the 2 1-year attainment date extensions is needed based on a recognition of this disparity.

The work group generally agrees that Section 179(d) sufficiently addresses actions that respond to an area's failure to attain. There is concern about how to address areas that cannot demonstrate attainment. Section 179(d) is based on the submission of a SIP that demonstrates attainment.

Clean Air Act Section 179(d)

- Within one year of notice of failure, states are required to submit a SIP revision.

- SIP revision must meet section 110 and 172 requirements and shall include such additional measures as the Administrator may reasonably prescribe, including all measures that can be feasibly implemented in the area in light of technological achievability, costs, and any other non air quality and other air quality-related health and environmental impacts.

- Attainment date shall be the date by which attainment can be achieved as expeditiously as practicable, but no later than five years from the date of the notice of failure to attain except that the Administrator may extend the attainment date to the extent the Administrator determines appropriate, for a period no greater than 10 years from the date of the notice of failure to attain considering the severity of nonattainment and the availability and feasibility of pollution control measures.