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Electronic Code of Federal Regulations

e-CFR Data is current as of October 17, 2014

Title 40Chapter ISubchapter CPart 51 → Subpart Z


Title 40: Protection of Environment
PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS


Subpart Z—Provisions for Implementation of PM2.5 National Ambient Air Quality Standards


Contents
§51.1000   Definitions.
§51.1001   Applicability of part 51.
§51.1002   Submittal of State implementation plan.
§51.1003   [Reserved]
§51.1004   Attainment dates.
§51.1005   One-year extensions of the attainment date.
§51.1006   Redesignation to nonattainment following initial designations for the PM2.5 NAAQS.
§51.1007   Attainment demonstration and modeling requirements.
§51.1008   Emission inventory requirements for the PM2.5 NAAQS.
§51.1009   Reasonable further progress (RFP) requirements.
§51.1010   Requirements for reasonably available control technology (RACT) and reasonably available control measures (RACM).
§51.1011   Requirements for mid-course review.
§51.1012   Requirement for contingency measures.

Source: 72 FR 20664, April 25, 2007, unless otherwise noted.

§51.1000   Definitions.

The following definitions apply for purposes of this subpart. Any term not defined herein shall have the meaning as defined in 40 CFR 51.100.

Act means the Clean Air Act as codified at 42 U.S.C. 7401-7671q. (2003).

Attainment date means the date by which an area, under an approved State implementation plan, is required to attain the PM2.5 NAAQS (based on the average of three consecutive years of ambient air quality data).

Baseline year inventory for the RFP plan is the emissions inventory for the year also used as the base year for the attainment demonstration.

Benchmark RFP plan means the reasonable further progress plan that requires generally linear emission reductions in pollutants from the baseline emissions year through the milestone inventory year.

Date of designation means the effective date of the PM2.5 area designation as promulgated by the Administrator.

Direct PM2.5 emissions means solid particles emitted directly from an air emissions source or activity, or gaseous emissions or liquid droplets from an air emissions source or activity which condense to form particulate matter at ambient temperatures. Direct PM2.5 emissions include elemental carbon, directly emitted organic carbon, directly emitted sulfate, directly emitted nitrate, and other inorganic particles (including but not limited to crustal material, metals, and sea salt).

Existing control measure means any Federally enforceable national, State, or local control measure that has been approved in the SIP and that results in reductions in emissions of PM2.5 or PM2.5 precursors in a nonattainment area.

Full implementation inventory is the projected RFP emission inventory for the year preceding the attainment date, representing a level of emissions that demonstrates attainment.

Milestone year inventory is the projected RFP emission inventory for the applicable RFP milestone year (i.e. 2009 and, where applicable, 2012).

PM2.5 NAAQS means the particulate matter national ambient air quality standards (annual and 24-hour) codified at 40 CFR 50.7.

PM2.5 design value for a nonattainment area is the highest of the three-year average concentrations calculated for the monitors in the area, in accordance with 40 CFR part 50, appendix N.

PM2.5 attainment plan precursor means S02 and those other PM2.5 precursors emitted by sources in the State which the State must evaluate for emission reduction measures to be included in its PM2.5 nonattainment area or maintenance area plan.

PM2.5 precursor means those air pollutants other than PM2.5 direct emissions that contribute to the formation of PM2.5. PM2.5 precursors include S02, NOX, volatile organic compounds, and ammonia.

Reasonable further progress (RFP) means the incremental emissions reductions toward attainment required under sections 172(c)(2) and 171(1).

Subpart 1 means the general attainment plan requirements found in subpart 1 of part D of title I of the Act.

§51.1001   Applicability of part 51.

The provisions in subparts A through X of this part apply to areas for purposes of the PM2.5 NAAQS to the extent they are not inconsistent with the provisions of this subpart.

§51.1002   Submittal of State implementation plan.

(a) For any area designated by EPA as nonattainment for the PM2.5 NAAQS, the State must submit a State implementation plan satisfying the requirements of section 172 of the Act and this subpart to EPA by the date prescribed by EPA which will be no later than 3 years from the date of designation.

(b) The State must submit a plan consistent with the requirements of section 110(a)(2) of the Act unless the State already has fulfilled this obligation for the purposes of implementing the PM2.5 NAAQS.

(c) Pollutants contributing to fine particle concentrations. The State implementation plan must identify and evaluate sources of PM2.5 direct emissions and PM2.5 attainment plan precursors in accordance with §§51.1009 and 51.1010. After January 1, 2011, for purposes of establishing emissions limits under 51.1009 and 51.1010, States must establish such limits taking into consideration the condensable fraction of direct PM2.5 emissions. Prior to this date, States are not prohibited from establishing source emission limits that include the condensable fraction of direct PM2.5.

(1) The State must address sulfur dioxide as a PM2.5 attainment plan precursor and evaluate sources of SO2 emissions in the State for control measures.

(2) The State must address NOX as a PM2.5 attainment plan precursor and evaluate sources of NOX emissions in the State for control measures, unless the State and EPA provide an appropriate technical demonstration for a specific area showing that NOX emissions from sources in the State do not significantly contribute to PM2.5 concentrations in the nonattainment area.

(3) The State is not required to address VOC as a PM2.5 attainment plan precursor and evaluate sources of VOC emissions in the State for control measures, unless:

(i) the State provides an appropriate technical demonstration for a specific area showing that VOC emissions from sources in the State significantly contribute to PM2.5 concentrations in the nonattainment area, and such demonstration is approved by EPA; or

(ii) The EPA provides such a technical demonstration.

(4) The State is not required to address ammonia as a PM2.5 attainment plan precursor and evaluate sources of ammonia emissions from sources in the State for control measures, unless:

(i) The State provides an appropriate technical demonstration for a specific area showing that ammonia emissions from sources in the State significantly contribute to PM2.5 concentrations in the nonattainment area, and such demonstration is approved by EPA; or

(ii) The EPA provides such a technical demonstration.

(5) The State must submit a demonstration to reverse any presumption in this rule for a PM2.5 precursor with respect to a particular nonattainment area, if the administrative record related to development of its SIP shows that the presumption is not technically justified for that area.

§51.1003   [Reserved]

§51.1004   Attainment dates.

(a) Consistent with section 172(a)(2)(A) of the Act, the attainment date for an area designated nonattainment for the PM2.5 NAAQS will be the date by which attainment can be achieved as expeditiously as practicable, but no more than five years from the date of designation. 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 designation, considering the severity of nonattainment and the availability and feasibility of pollution control measures.

(b) In the SIP submittal for each of its nonattainment areas, the State must submit an attainment demonstration justifying its proposed attainment date. For each nonattainment area, the Administrator will approve an attainment date at the same time the Administrator approves the attainment demonstration for the area, consistent with the attainment date timing provision of section 172(a)(2)(A) and paragraph (a) of this section.

(c) Upon a determination by EPA that an area designated nonattainment for the PM2.5 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, and other planning SIPs related to attainment of the PM2.5 NAAQS shall be suspended until such time as: the area is redesignated to attainment, at which time the requirements no longer apply; or EPA determines that the area has violated the PM2.5 NAAQS, at which time the area is again required to submit such plans.

§51.1005   One-year extensions of the attainment date.

(a) Pursuant to section 172(a)(2)(C)(ii) of the Act, a State with an area that fails to attain the PM2.5 NAAQS by its attainment date may apply for an initial 1-year attainment date extension if the State has complied with all requirements and commitments pertaining to the area in the applicable implementation plan, and:

(1) For an area that violates the annual PM2.5 NAAQS as of its attainment date, the annual average concentration for the most recent year at each monitor is 15.0 µg/m3 or less (calculated according to the data analysis requirements in 40 CFR part 50, appendix N).

(2) For an area that violates the 24-hour PM2.5 NAAQS as of its attainment date, the 98th percentile concentration for the most recent year at each monitor is 65 µg/m3 or less (calculated according to the data analysis requirements in 40 CFR part 50, appendix N).

(b) An area that fails to attain the PM2.5 NAAQS after receiving a 1-year attainment date extension may apply for a second 1-year attainment date extension pursuant to section 172(a)(2)(C)(ii) if the State has complied with all requirements and commitments pertaining to the area in the applicable implementation plan, and:

(1) For an area that violates the annual PM2.5 NAAQS as of its attainment date, the two-year average of annual average concentrations at each monitor, based on the first extension year and the previous year, is 15.0 µg/m3 or less (calculated according to the data analysis requirements in 40 CFR part 50, appendix N).

(2) For an area that violates the 24-hour PM2.5 NAAQS as of its attainment date, the two-year average of annual 98th percentile concentrations at each monitor, based on the first extension year and the previous year, is 65 µg/m3 or less (calculated according to the data analysis requirements in 40 CFR part 50, appendix N).

§51.1006   Redesignation to nonattainment following initial designations for the PM2.5 NAAQS.

Any area that is initially designated “attainment/unclassifiable” for the PM2.5 NAAQS may be subsequently redesignated to nonattainment if ambient air quality data in future years indicate that such a redesignation is appropriate. For any such area that is redesignated to nonattainment for the PM2.5 NAAQS, any absolute, fixed date that is applicable in connection with the requirements of this part is extended by a period of time equal to the length of time between the effective date of the initial designation for the PM2.5 NAAQS and the effective date of redesignation, except as otherwise provided in this subpart.

§51.1007   Attainment demonstration and modeling requirements.

(a) For any area designated as nonattainment for the PM2.5 NAAQS, the State must submit an attainment demonstration showing that the area will attain the annual and 24-hour standards as expeditiously as practicable. The demonstration must meet the requirements of §51.112 and Appendix W of this part and must include inventory data, modeling results, and emission reduction analyses on which the State has based its projected attainment date. The attainment date justified by the demonstration must be consistent with the requirements of §51.1004(a). The modeled strategies must be consistent with requirements in §51.1009 for RFP and in §51.1010 for RACT and RACM. The attainment demonstration and supporting air quality modeling should be consistent with EPA's PM2.5 modeling guidance.

(b) Required time frame for obtaining emissions reductions. For each nonattainment area, the State implementation plan must provide for implementation of all control measures needed for attainment as expeditiously as practicable, but no later than the beginning of the year prior to the attainment date. Consistent with section 172(c)(1) of the Act, the plan must provide for implementation of all RACM and RACT as expeditiously as practicable. The plan also must include RFP milestones in accordance with §51.1009, and control measures needed to meet these milestones, as necessary.

§51.1008   Emission inventory requirements for the PM2.5 NAAQS.

(a) For purposes of meeting the emission inventory requirements of section 172(c)(3) of the Act for nonattainment areas, the State shall, no later than three years after designation:

(1) Submit to EPA Statewide emission inventories for direct PM2.5 emissions and emissions of PM2.5 precursors. For purposes of defining the data elements for these inventories, the PM2.5 and PM2.5 precursor-relevant data element requirements under subpart A of this part shall apply.

(2) Submit any additional emission inventory information needed to support an attainment demonstration and RFP plan ensuring expeditious attainment of the annual and 24-hour PM2.5 standards.

(b) For inventories required for submission under paragraph (a) of this section, a baseline emission inventory is required for the attainment demonstration required under §51.1007 and for meeting RFP requirements under §51.1009. As determined on the date of designation, the base year for this inventory shall be the most recent calendar year for which a complete inventory was required to be submitted to EPA pursuant to subpart A of this part. The baseline emission inventory for calendar year 2002 or other suitable year shall be used for attainment planning and RFP plans for areas initially designated nonattainment for the PM2.5 NAAQS in 2004-2005.

§51.1009   Reasonable further progress (RFP) requirements.

(a) Consistent with section 172(c)(2) of the Act, State implementation plans for areas designated nonattainment for the PM2.5 NAAQS must demonstrate reasonable further progress as provided in §51.1009(b) through (h).

(b) If the State submits to EPA an attainment demonstration and State implementation plan for an area which demonstrates that it will attain the PM NAAQS within five years of the date of designation, the State is not required to submit a separate RFP plan. Compliance with the emission reduction measures in the attainment demonstration and State implementation plan will meet the requirements for achieving reasonable further progress for the area.

(c) For any area for which the State submits to EPA an approvable attainment demonstration and State implementation plan that demonstrates the area needs an attainment date of more than five years from the date of designation, the State also must submit an RFP plan. The RFP plan must describe the control measures that provide for meeting the reasonable further progress milestones for the area, the timing of implementation of those measures, and the expected reductions in emissions of direct PM2.5 and PM2.5 attainment plan precursors. The RFP plan is due to EPA within three years of the date of designation.

(1) For any State that submits to EPA an approvable attainment demonstration and State implementation plan justifying an attainment date of more than five and less than nine years from the date of designation, the RFP plan must include 2009 emissions milestones for direct PM2.5 and PM2.5 attainment plan precursors demonstrating that reasonable further progress will be achieved for the 2009 emissions year.

(2) For any area that submits to EPA an approvable attainment demonstration and State implementation plan justifying an attainment date of nine or ten years from the date of designation, the RFP plan must include 2009 and 2012 emissions milestones for direct PM2.5 and PM2.5 attainment plan precursors demonstrating that reasonable further progress will be achieved for the 2009 and 2012 emissions years.

(d) The RFP plan must demonstrate that in each applicable milestone year, emissions will be at a level consistent with generally linear progress in reducing emissions between the base year and the attainment year.

(e) For a multi-State nonattainment area, the RFP plans for each State represented in the nonattainment area must demonstrate RFP on the basis of common multi-State inventories. The States within which the area is located must provide a coordinated RFP plan. Each State in a multi-State nonattainment area must ensure that the sources within its boundaries comply with enforceable emission levels and other requirements that in combination with the reductions planned in other state(s) will provide for attainment as expeditiously as practicable and demonstrate reasonable further progress.

(f) In the benchmark RFP plan, the State must identify direct PM2.5 emissions and PM2.5 attainment plan precursors regulated under the PM2.5 attainment plan and specify target emission reduction levels to be achieved during the milestone years. In developing the benchmark RFP plan, the State must develop emission inventory information for the geographic area included in the plan and conduct the following calculations:

(1) For direct PM2.5 emissions and each PM2.5 attainment plan precursor addressed in the attainment strategy, the full implementation reduction is calculated by subtracting the full implementation inventory from the baseline year inventory.

(2) The “milestone date fraction” is the ratio of the number of years from the baseline year to the milestone inventory year divided by the number of years from the baseline year to the full implementation year.

(3) For direct PM2.5 emissions and each PM2.5 attainment plan precursor addressed in the attainment strategy, a benchmark emission reduction is calculated by multiplying the full implementation reduction by the milestone date fraction.

(4) The benchmark emission level in the milestone year is calculated for direct PM2.5 emissions and each PM2.5 attainment plan precursor by subtracting the benchmark emission reduction from the baseline year emission level. The benchmark RFP plan is defined as a plan that achieves benchmark emission levels for direct PM2.5 emissions and each PM2.5 attainment plan precursor addressed in the attainment strategy for the area.

(5) In comparing inventories between baseline and future years for direct PM2.5 emissions and each PM2.5 attainment plan precursor, the inventories must be derived from the same geographic area. The plan must include emissions estimates for all types of emitting sources and activities in the geographic area from which the emission inventories for direct PM2.5 emissions and each PM2.5 attainment plan precursor addressed in the plan are derived.

(6) For purposes of establishing motor vehicle emissions budgets for transportation conformity purposes (as required in 40 CFR part 93) for a PM2.5 nonattainment area, the State shall include in its RFP submittal an inventory of on-road mobile source emissions in the nonattainment area.

(g) The RFP plan due three years after designation must demonstrate that emissions for the milestone year are either:

(1) At levels that are roughly equivalent to the benchmark emission levels for direct PM2.5 emissions and each PM2.5 attainment plan precursor to be addressed in the plan; or

(2) At levels included in an alternative scenario that is projected to result in a generally equivalent improvement in air quality by the milestone year as would be achieved under the benchmark RFP plan.

(h) The equivalence of an alternative scenario to the corresponding benchmark plan must be determined by comparing the expected air quality changes of the two scenarios at the design value monitor location. This comparison must use the information developed for the attainment plan to assess the relationship between emissions reductions of the direct PM2.5 emissions and each PM2.5 attainment plan precursor addressed in the attainment strategy and the ambient air quality improvement for the associated ambient species.

§51.1010   Requirements for reasonably available control technology (RACT) and reasonably available control measures (RACM).

(a) For each PM2.5 nonattainment area, the State shall submit with the attainment demonstration a SIP revision demonstrating that it has adopted all reasonably available control measures (including RACT for stationary sources) necessary to demonstrate attainment as expeditiously as practicable and to meet any RFP requirements. The SIP revision shall contain the list of the potential measures considered by the State, and information and analysis sufficient to support the State's judgment that it has adopted all RACM, including RACT.

(b) In determining whether a particular emission reduction measure or set of measures must be adopted as RACM under section 172(c)(1) of the Act, the State must consider the cumulative impact of implementing the available measures. Potential measures that are reasonably available considering technical and economic feasibility must be adopted as RACM if, considered collectively, they would advance the attainment date by one year or more.

§51.1011   Requirements for mid-course review.

(a) Any State that submits to EPA an approvable attainment plan for a PM2.5 nonattainment area justifying an attainment date of nine or ten years from the date of designation also must submit to EPA a mid-course review six years from the date of designation.

(b) The mid-course review for an area must include:

(1) A review of emissions reductions and progress made in implementing control measures to reduce emissions of direct PM2.5 and PM2.5 attainment plan precursors contributing to PM2.5 concentrations in the area;

(2) An analysis of changes in ambient air quality data for the area;

(3) Revised air quality modeling analysis to demonstrate attainment;

(4) Any new or revised control measures adopted by the State, as necessary to ensure attainment by the attainment date in the approved SIP of the nonattainment area.

§51.1012   Requirement for contingency measures.

Consistent with section 172(c)(9) of the Act, the State must submit in each attainment plan specific contingency measures to be undertaken if the area fails to make reasonable further progress, or fails to attain the PM2.5 NAAQS by its attainment date. The contingency measures must take effect without significant further action by the State or EPA.



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