RACM
IN
6/
2/
03
PROPOSED
RULE
FOR
IMPLEMENTATION
OF
8­
HOUR
OZONE
NAAQS
68
FR
32828
Downwind
areas
could
be
in
one
of
two
situations.
In
the
first
situation,
an
area
might
be
receiving
such
high
levels
of
transported
ozone
or
ozone
precursors
that
even
if
it
totally
eliminated
its
own
emissions,
the
incoming
ozone
and
precursors
would
be
sufficient
to
continue
to
cause
violations
of
the
standard
beyond
the
applicable
attainment
date.
In
the
second
situation,
the
area
might
be
able
to
achieve
additional
local
reductions
sufficient
to
demonstrate
attainment.
In
this
second
case,
the
question
arises
as
to
whether
it
is
equitable
to
require
those
reductions
or
to
allow
more
time
for
the
reductions
in
the
``
upwind''
area
to
take
place.[
36]
EPA
solicits
comment
on
how
to
address
this
issue.
EPA
believes
that
a
subpart
1
area
could
be
granted
a
later
attainment
date
if
warranted
considering
transport.
For
areas
classified
under
subpart
2,
the
statute
provides
no
express
relief
for
these
[
fn
36]
The
CAA's
requirement
for
RACM
in
section
172(
c)(
1)
does
require
the
SIP
to
include
RACM;
EPA
has
noted
in
policy
elsewhere
that
a
measure
is
RACM
if
it
is
technologically
and
economically
feasible
and
if
it
would
advance
the
attainment
date.
Thus,
if
there
are
measures
available
in
the
nonattainment
area
that
would
advance
the
attainment
date
 
even
if
attainment
is
likely
at
a
later
date
due
to
upwind
emissions
reductions
that
occur
later
 
then
the
CAA
requires
such
measures
to
be
in
the
SIP.

************

68
FR
32840
7.
Proposed
Approach
for
RACM
We
have
also
issued
guidance
for
implementing
the
RACM
provisions
the
CAA
that
interprets
those
provisions
to
require
a
demonstration
that
the
State
has
adopted
all
reasonable
measures
meet
RFP
and
attainment
as
expeditiously
as
practicable
and
thus
that
no
additional
measures
that
are
reasonably
available
will
advance
the
attainment
date
or
contribute
to
RFP
the
area.[
59]
The
RACM
requirement,
which
is
set
forth
in
section
172(
c)(
1)
of
the
CAA,
applies
to
all
nonattainment
areas
that
are
required
to
submit
an
attainment
demonstration,
whether
covered
under
only
subpart
1
or
also
subpart
2.

59
``
State
Implementation
Plans;
General
Preamble
for
the
Implementation
of
Title
I
of
the
Clean
Air
Act
Amendments
of
1990;
Proposed
Rule.''
57
13498
at
13560
(
April
16,
1992).
``
Guidance
on
the
Reasonably
Available
Control
Measures
(
RACM)
Requirement
and
Attainment
1"
State
Implementation
Plans;
General
Preamble
for
Proposed
Rulemaking
on
Approval
of
Plan
Revisions
for
Nonattainment
Areas"
44
FR
20372
at
20375.
"
Provide
for
implementation
of
all
reasonably
available
control
measures
(
RACM)
as
expeditiously
as
practicable,
insofar
as
necessary
to
assure
reasonable
further
progress
and
attainment
by
the
required
date.
.
."

"
State
Implementation
Plans;
General
Preamble
for
the
Implementation
of
Title
I
of
the
Clean
Air
Act
Amendments
of
1990;
Proposed
Rule."
57
FR
13498
at
13560
(
April
16,
1992).
In
part
this
guidance
said,
"
The
EPA
.
.
.
indicated
that
where
measures
that
might
in
fact
be
available
for
implementation
in
the
nonattainment
area
could
not
be
implemented
on
a
schedule
that
would
advance
the
date
for
attainment
in
the
area,
EPA
would
not
consider
it
reasonable
to
require
implementation
of
such
measures.
The
EPA
continues
to
take
this
interpretation
of
the
RACM
requirement."
As
an
example,
with
regard
to
one
possible
list
of
measures
(
TCMs
under
section
108(
f)
of
the
Act)
that
guidance
said,
".
.
.
based
on
experience
with
implementing
TCM's
over
the
years,
EPA
now
believes
that
local
circumstances
vary
to
such
a
degree
from
city­
to­
city
that
it
is
inappropriate
to
presume
that
all
section
108(
f)
measures
are
reasonably
available
in
all
areas.
It
is
more
appropriate
for
States
to
consider
TCM's
on
an
areaspecific
not
national,
basis
and
to
consider
groups
of
interacting
measures,
rather
than
individual
measures."
"
Guidance
on
the
Reasonably
Available
Control
Measures
(
RACM)
Requirement
and
Attainment
Demonstration
Submissions
3
DRAFT
FINAL
PHASE
2
RULE
PREAMBLE
TEXT
ON
RACM:

2.
Reasonably
Available
Control
Measures
(
RACM)
a.
Background
As
noted
in
the
June
2,
2003
proposed
rule,
subpart
1
of
part
D
includes
general
requirements
for
all
designated
nonattainment
areas,
including
a
requirement
that
a
nonattainment
plan
provide
for
the
implementation
of
all
RACM
as
expeditiously
as
practicable,
including
such
reductions
that
may
be
obtained
through
RACT.
We
have
also
issued
guidance
for
implementing
the
RACM
provisions
of
the
CAA
that
interprets
those
provisions
to
require
a
demonstration
that
the
State
has
adopted
all
reasonable
measures
to
meet
RFP
requirements
and
to
demonstrate
attainment
as
expeditiously
as
practicable
and
thus
that
no
additional
measures
that
are
reasonably
available
will
advance
the
attainment
date
or
contribute
to
RFP
for
the
area.
1
The
RACM
for
Ozone
Nonattainment
Areas."
John
S.
Seitz,
Director,
Office
of
Air
Quality
Planning
and
Standards.
November
30,
1999.
Web
site:
www.
epa.
gov/
ttn/
oarpg/
t1pgm.
html.
Memorandum
of
December
14,
2000,
from
John
S.
Seitz,
Director,
Office
of
Air
Quality
Planning
and
Standards,
re:
"
Additional
Submission
on
RACM
from
States
with
Severe
One­
Hour
Ozone
Nonattainment
Area
SIPs."

4
requirement,
which
is
set
forth
in
section
172(
c)(
1)
of
the
CAA,
applies
to
all
nonattainment
areas
that
are
required
to
submit
an
attainment
demonstration,
whether
covered
under
only
subpart
1
or
also
subpart
2.
The
June
2,
2003
proposal
implied
that
the
current
policies
and
procedures
related
to
RACM
would
continue
to
apply
for
the
8­
hour
ozone
standard.
The
draft
regulatory
text
provided
that
for
each
nonattainment
area
required
to
submit
an
attainment
demonstration
under
§
51.908,
the
State
would
have
to
submit
with
the
attainment
demonstration
a
SIP
revision
demonstrating
that
it
has
adopted
all
control
measures
necessary
to
demonstrate
attainment
as
expeditiously
as
practicable
and
to
meet
any
RFP
requirements.
b.
Summary
of
final
rule
Section
51.912(
d)
of
the
final
rule
reflects
our
proposal
and
draft
regulatory
text.
For
each
nonattainment
area
required
to
submit
an
attainment
demonstration
under
§
51.908,
the
State
must
submit
with
the
attainment
demonstration
a
SIP
revision
demonstrating
that
it
has
adopted
all
control
measures
necessary
to
demonstrate
attainment
as
expeditiously
as
practicable
and
to
meet
any
RFP
requirements.
Finally,
in
the
CAIR
rulemaking
(
May
12,
2005
(
70
FR
at
25221
et
seq.))
EPA
concluded
that
the
CAIR
compliance
dates
represent
an
agressive
schedule
that
reflects
the
limitations
of
the
labor
pool,
and
equipment/
vendor
availability,
and
need
for
electrical
generation
reliability
for
installation
of
NOx
emission
controls.
Thus,
we
believe
CAIR
constitutes
control
as
expeditious
as
practicable
for
EGUs
for
the
area
covered
by
the
CAIR.
States
recognize
these
constraints
in
developing
their
own
compliance
schedules
for
NOx
emission
controls
in
meeting
their
CAIR
and
RACT
responsibilities.
c.
Comments
and
responses
Comment:
One
commenter
asked
that
we
clarify
whether
old
SIP
measures
become
RACM.
Response:
Under
EPA's
policy
concerning
RACM,
there
are
no
measures
that
are
automatically
deemed
RACM.
The
determination
of
whether
a
SIP
contains
all
RACM
requires
an
area­
specific
analysis
that
there
are
no
additional
economically
and
2Ibid.

3Improving
Air
Quality
Through
Land
Use
Activities;
Transportation
and
Regional
Programs
Division,
Office
of
Transportation
and
Air
Quality,
U.
S.
Environmental
Protection
Agency.
EPA420­
R­
01­
001.
January
2001.

5
technologically
feasible
control
measures
(
alone
or
in
conjunction
with
others)
that
will
advance
the
attainment
date.
2
Comment:
One
commenter
recommended
that
EPA
revise
its
policy
permitting
SIPs
to
exclude
otherwise
feasible
and
potentially
RACM
that
achieve
emissions
reductions
in
increments
less
than
the
amount
necessary
to
advance
the
attainment
date
by
a
full
year.
The
commenter
believed
this
was
an
onerous
standard
that
has
stymied
development
of
new
control
measures,
particularly
transportation
control
measures.
The
commenter
believed
EPA's
RACM
standard
is
especially
harmful
to
the
ability
to
provide
SIP
credit
for
Smart
Growth
land
use,
due
to
the
long
timeframe
over
which
land
is
developed
and
redeveloped.
The
commenter
believes
that
ever­
increasing
suburbanization
of
our
nation
inflates
the
growth
rate
in
VMT,
thereby
neutralizing
improvements
in
vehicle
emissions.
The
commenter
claimed
that
a
significant
air
quality
improvement
strategy
for
the
21st
Century
is
compact
mixed
use
pedestrian­
friendly
development
near
frequent
transit
and
believed
that
changing
land
use
plans
in
this
direction
will
benefit
air
quality
by
reducing
the
rate
of
growth
in
VMT
and
emissions.
The
commenter
recommended
that
EPA
be
aware
of
this
and
revise
its
RACM
standard
to
encourage
local
governments
to
alter
their
land
use
plans
by
providing
a
mechanism
to
give
credit
for
air
quality
beneficial
land
use
changes.
Response:
We
do
not
believe
our
RACM
policy
has
"
stymied"
development
of
new
control
technologies.
New
emission
reduction
technologies
have
surfaced
and
continue
to
surface
to
meet
market
demands
resulting
in
part
from
CAA
requirements,
which
include
the
requirements
to
demonstrate
attainment
as
expeditiously
as
practicable
and
to
make
RFP
toward
attainment.
In
addition,
viable
control
measures
that
produce
emissions
reductions
can
be
approved
into
SIPs
whether
or
not
such
measures
meet
the
definition
of
RACM.
Our
RACM
policy
merely
interprets
the
CAA
as
not
mandating
measures
that
do
not
contribute
to
expeditious
attainment
and
timely
RFP.
The
policy
does
not
limit
the
potential
for
States
to
develop
any
control
measures
they
wish,
including
land
use
measures.
In
fact,
we
have
prepared
a
separate
guidance
document
on
how
areas
can
develop
and
receive
SIP
credit
for
land
use
control
measures.
3
We
conclude,
however,
that
to
require
areas
to
adopt
and
implement
as
RACM
every
4In
"
State
Implementation
Plans;
General
Preamble
for
the
Implementation
of
Title
I
of
the
Clean
Air
Act
Amendments
of
1990;
Proposed
Rule,"
we
noted
in
the
discussion
of
the
RACM
requirement
that
"
In
addition,
any
measure
that
a
commenter
indicates
during
the
public
commenter
period
is
reasonably
available
for
a
given
area
should
be
closely
reviewed
by
the
planning
agency
to
determine
if
it
is
in
fact
reasonably
available
for
6
control
technology
or
measure
that
obtains
a
small
amount
of
emissions
reductions
 
even
if
such
measure
would
not
advance
the
attainment
date
or
is
not
required
to
meet
RFP
requirements
 
is
not
justified.
Such
a
policy
would
be
extremely
burdensome
to
planning
agencies,
would
detract
from
the
effort
to
develop
more
reasonable
and
effective
controls
to
meet
the
NAAQS,
and
would
not
be
necessary
to
meet
the
statutory
goal
of
expediting
attainment.
For
these
reasons,
and
because
such
requirement
is
not
mandated
by
the
statute,
we
are
not
adopting
such
a
policy.
Comment:
One
commenter
believed
that
the
RACM
requirements
for
subpart
1
areas
should
be
designed
so
as
to
not
require
extensive
and
unneeded
control
due
to
the
fact
that
in
most
or
all
cases
these
controls
will
not
be
needed
for
the
area
to
attain.
Response:
We
believe
the
current
RACM
guidance,
which
applies
to
both
subpart
1
and
2
areas,
works
to
avoid
extensive
and
unneeded
controls,
while
ensuring
that
areas
meet
the
healthbased
NAAQS
as
expeditiously
as
practicable.
Comment:
One
commenter
believed
our
RACM
guidance
provides
only
minimum
requirements
to
ensure
attainment
as
expeditiously
as
practicable
and
believes
that
every
nonattainment
area
must
be
required
to
consider
adoption
of
measures
that
have
been
implemented
in
other
areas,
including
the
South
Coast
of
California,
so
as
to
achieve
progress
and
attainment
as
expeditiously
as
practicable.
An
area
should
be
allowed
to
reject
such
measures
only
upon
a
showing
that
they
are
not
practicable
due
to
specified
unique
circumstances.
The
commenter
urged
that
given
the
importance
of
this
issue
to
fair,
expeditious
and
lawful
implementation
of
the
8­
hour
standard,
EPA's
final
8­
hour
standard
implementation
rule
must
explicitly
require
compliance
with
this
guidance.
Response:
To
meet
the
RACM
provision
of
the
CAA,
the
State
must
determine
as
part
of
its
attainment
demonstration
whether
there
are
additional
measures
that
are
feasible
that
would
expedite
attainment.
In
addition,
EPA's
RACM
policy
indicates
that
areas
should
consider
all
candidate
measures
that
are
potentially
available,
including
any
that
have
been
suggested
for
the
particular
nonattainment
area.
4
Although
areas
should
implementation
in
the
area
in
light
of
local
circumstances."
The
discussion
of
RACM
in
that
document
contains
other
relevant
history
concerning
the
RACM
requirement.

7
consider
all
available
measures,
including
those
being
implemented
in
other
areas
such
as
California,
areas
need
adopt
measures
only
if
they
are
both
economically
and
technologically
feasible
and
will
advance
the
attainment
date.
This
interpretation
of
the
section
172
requirements
has
recently
been
upheld
by
several
courts.
See,
e.
g.,
Sierra
Club
v.
EPA,
et
al.,
294
F.
3d
155
(
D.
C.
Circuit,
2002).
Comment:
Several
commenters
agreed
with
our
proposal
to
require
that
the
RACM
analysis
and
measures
be
submitted
within
3
years
after
the
effective
date
of
designation
for
the
8­
hour
NAAQS.
Response:
We
acknowledge
the
support
of
the
comments
on
the
submission
timing
of
the
RACM
requirements.
