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Electronic Code of Federal Regulations

e-CFR data is current as of December 11, 2019

Title 40Chapter ISubchapter CPart 51Subpart Z → §51.1003


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


§51.1003   Attainment plan due dates and submission requirements.

(a) Nonattainment areas initially classified as Moderate. (1) For any area designated as nonattainment and initially classified as Moderate for a PM2.5 NAAQS, the state(s) shall submit a Moderate area attainment plan that meets all of the following requirements:

(i) Base year emissions inventory requirements set forth at §51.1008(a)(1);

(ii) Attainment projected emissions inventory requirements set forth at §51.1008(a)(2);

(iii) Moderate area attainment plan control strategy requirements set forth at §51.1009;

(iv) Attainment demonstration and modeling requirements set forth at §51.1011;

(v) Reasonable Further Progress (RFP) requirements set forth at §51.1012;

(vi) Quantitative milestone requirements set forth at §51.1013;

(vii) Contingency measure requirements set forth at §51.1014; and,

(viii) Nonattainment new source review plan requirements pursuant to §51.165.

(2) The state(s) shall submit its Moderate area attainment plan to the EPA no later than 18 months from the effective date of designation of the area.

(b) Nonattainment areas reclassified to Serious. (1) For any nonattainment area reclassified to Serious for a PM2.5 NAAQS under §51.1002(b), in addition to meeting the Moderate area attainment plan submission requirements set forth at §51.1003(a), the state(s) shall submit a Serious area attainment plan that meets all of the following requirements:

(i) Base year emissions inventory requirements set forth at §51.1008(b)(1);

(ii) Attainment projected emissions inventory requirements set forth at §51.1008(b)(2);

(iii) Serious area attainment plan control strategy requirements set forth at §51.1010;

(iv) Attainment demonstration and modeling requirements set forth at §51.1011;

(v) Reasonable Further Progress (RFP) requirements set forth at §51.1012;

(vi) Quantitative milestone requirements set forth at §51.1013;

(vii) Contingency measure requirements set forth at §51.1014; and,

(viii) Nonattainment new source review plan requirements pursuant to §51.165.

(2) The state(s) shall submit its Serious area attainment plan to the EPA according to the following schedule:

(i) Discretionary reclassification. (A) For any nonattainment area reclassified to Serious for a particular PM2.5 NAAQS under §51.1002(b)(1) because the EPA determined it cannot practicably attain the NAAQS by the applicable Moderate area attainment date, the state(s) shall submit to the EPA no later than 18 months from the effective date of reclassification the portion of the Serious area attainment plan that meets the following requirements:

(1) Base year emissions inventory requirements set forth at §51.1008(b)(1);

(2) Serious area attainment plan control strategy requirements set forth at §51.1010(a)(1) through (4); and,

(3) Nonattainment new source review plan requirements pursuant to §51.165.

(B) The state(s) shall submit to the EPA the portion of the Serious area attainment plan that meets the requirements set forth at paragraphs (b)(1)(ii), and (b)(1)(iv) through (vii) of this section to the EPA by a date that is no later than 4 years after the effective date of reclassification, or 2 years prior to the attainment date, whichever is earlier.

(ii) Mandatory reclassification. For any nonattainment area reclassified to Serious for a particular PM2.5 NAAQS under §51.1002(b)(2) because the EPA determined it failed to attain the NAAQS by the applicable Moderate area attainment date, the state(s) shall submit to the EPA a Serious area attainment plan meeting the requirements set forth at paragraphs (b)(1)(i) through (viii) of this section within 18 months from the effective date of reclassification, or 2 years before the attainment date, whichever is earlier.

(iii) If the state(s) submits to the EPA a request for a Serious area attainment date extension simultaneous with the Serious area attainment plan due under paragraph (b)(1) of this section, such a plan shall meet the most stringent measure (MSM) requirements set forth at §51.1010(b) in addition to the BACM and BACT and additional feasible measure requirements set forth at §51.1010(a).

(c) Serious nonattainment areas subject to CAA section 189(d) for failing to attain the PM2.5 NAAQS by the applicable Serious area attainment date. (1) For any Serious nonattainment area that fails to attain the PM2.5 NAAQS by the applicable Serious area attainment date, the state(s) shall submit a revised Serious area attainment plan that demonstrates that each year the area will achieve at least a 5 percent reduction in emissions of direct PM2.5 or a 5 percent reduction in emissions of a PM2.5 plan precursor based on the most recent emissions inventory for the area. The revised attainment plan shall meet the following requirements:

(i) Emissions inventory requirements set forth at §51.1008(c)(1);

(ii) Emissions inventory requirements set forth at §51.1008(c)(2);

(iii) Serious area attainment plan control strategy requirements set forth at §51.1010;

(iv) Attainment demonstration and modeling requirements set forth at §51.1011;

(v) Reasonable Further Progress (RFP) requirements set forth at §51.1012;

(vi) Quantitative milestone requirements set forth at §51.1013;

(vii) Contingency measure requirements set forth at §51.1014; and

(viii) Nonattainment new source review plan requirements pursuant to §51.165.

(2) The state(s) shall submit to the EPA the revised attainment plan meeting the requirements set forth at paragraphs (c)(1)(i) through (vii) of this section no later than 12 months from the applicable Serious area attainment date that was previously missed.

(d) Any attainment plan submitted to the EPA under this section shall establish motor vehicle emissions budgets for the projected attainment year for the area, if applicable. The state shall develop such budgets according to the requirements of the transportation conformity rule as they apply to PM2.5 nonattainment areas (40 CFR part 93).

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