3/31/05 to

2/28/07

State voluntarily completes the corrective actions or submits a SIP revision in

response to an EPA SIP call.

9

DATE* ACTIVITY

* In the notices of proposed rulemaking of December 16, 1999, EPA originally asked the States

with serious and severe ozone nonattainment areas to commit to submit their mid-course review by

the end of 2003; the selection of this time by EPA and the States was based in large part on the

expectation that NOx emission reduction controls under EPA’s NOx SIP call would be implemented

by that time. However, in August 2000, the U.S. Court of Appeals for the D.C. Circuit ruled that

EPA could not require compliance with the NOx SIP call reductions before 5/31/04. Therefore,

many States affected by the NOx SIP call emission reductions revised their commitment to submit

the MCR on the schedule suggested above.

It is recognized that a revised attainment demonstration submitted in response to the MCR may not

provide emission reductions in sufficient time to result in attainment for areas with an attainment date

earlier than November 2007 (however, see section D below). If implemented in the ozone season of

2007, these reductions should be sufficient for an area with a 2007 attainment date to qualify for the

first of two possible one-year attainment date extensions.

In cases where the analysis will not result in corrective actions by the ozone season of the

attainment year, the analysis should more correctly be termed an “accelerated attainment assessment”

rather than a true mid-course review, since it will serve the purpose of beginning corrective analyses

and actions early when it appears that the SIP will not result in attainment by the attainment date.

B. Where Failure to Make Progress Is Due to Transport

Section 2.2 of the MCR technical guidance provides a tool for assessing the relative importance of

transported emissions compared to local emissions. The analysis may show that an area’s failure to

make adequate progress toward attainment may be largely due to transported ozone and precursors.

The State should identify this situation in its MCR and recommend or propose ways of addressing

control, including filing a petition with EPA under section 126 to require control of upwind sources

contributing to the continuing nonattainment. To the extent that EPA determines that the lack of

adequate progress is due to transport from across State lines, EPA will use its authority under the Clean

Air Act to address the contributing emission sources. To the extent that the lack of progress is due to

local emissions, EPA will address that situation through an appropriate remedy (e.g., a call for a SIP

revision if additional control is needed or a finding of failure to implement and/or federal enforcement if

existing controls requirements are not being enforced).

 

 

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