May
15,
2003
1
Frequently
Asked
Questions
on
8­
hour
Ozone
Early
Action
Compacts
Volume
1
Introduction
As
State
and
local
agencies
move
forward
to
complete
milestones
in
support
of
Early
Action
Compacts,
they
have
asked
a
number
of
questions
for
clarification
of
previously
issued
guidance
and
its
application
to
EAC
areas.
The
following
questions
have
been
reviewed
and
responses
prepared
by
EPA
Regional
Offices,
OAQPS
and
OGC.
This
is
a
living
document,
and
EPA
intends
to
provide
responses
to
additional
questions
as
needed.

NOTE:
EPA
activities
related
to
early
action
compacts
(
EACs)
regarding
deferral
of
the
effective
date
of
a
nonattainment
designation
are
not
intended
to
prejudge
the
outcome
of
EPA's
decision
regarding
boundary
determinations
for
purposes
of
designating
areas
attainment
or
nonattainment
for
the
8­
hour
ozone
National
Ambient
Air
Quality
Standard
(
NAAQS).
Further,
the
responses
in
this
document
are
not
intended
to
imply
the
future
designation
status
of
any
county
within
a
compact
area.
The
designation
process
will
not
be
completed
until
April
2004.

Violation
of
the
1­
hour
Ozone
Standard
1.
Will
an
area
that
signed
an
Early
Action
Compact
prior
to
December
31,
2002,
but
violates
the
1­
hour
standard
during
the
2003
or
2004
ozone
season,
be
in
violation
of
their
Compact?

RESPONSE:
An
area
that
signed
a
Compact
agreement
with
EPA
by
December
31,
2002,
but
experiences
a
subsequent
violation
of
the
1­
hour
standard,
may
continue
to
participate
in
the
program,
provided
the
area
continues
to
meet
all
milestones
outlined
in
the
Compact.
An
area
with
an
Early
Action
Compact
that
subsequently
violates
the
1­
hour
standard
may
be
required
to
conduct
modeling
that
shows
selected
control
measures
will
bring
the
area
into
attainment
for
both
the
1­
hour
and
the
8­
hour
ozone
standard.

2.
How
would
a
1­
hour
violation
change
the
status
of
the
Compact?

RESPONSE:
If
the
effective
date
of
the
area's
nonattainment
designation
is
deferred,
it
is
assumed
they
are
in
violation
of
the
8­
hour
ozone
standard
when
designations
are
made
April
15,
2004.
As
provided
above,
any
violation
of
the
1­
hour
standard
occurring
after
the
Compact
is
signed
does
not
change
the
status
of
the
area,
as
long
as
the
milestones
in
the
compact
continue
to
be
met.
If
an
area
that
subsequently
violates
the
1­
hour
standard
after
Compact
signature
is
a
maintenance
area
for
the
1­
hour
standard
(
i.
e.,
an
area
that
was
previously
designated
nonattainment
for
the
1­
hour
ozone
standard,
but
was
redesignated
to
attainment
for
that
standard
pursuant
to
section
107(
d)(
3)(
E)
of
the
Clean
Air
Act
(
CAA)),
contingency
measures
in
the
area's
1­
hour
maintenance
plan
would
be
triggered
pursuant
to
section
175A
of
the
CAA.
If
May
15,
2003
2
an
EAC
area
that
subsequently
violates
the
1­
hour
standard
after
Compact
signature
is
not
subject
to
a
maintenance
plan,
EPA
intends
to
continue
working
with
the
area
to
implement
the
Compact.
EPA
could
consider
calling
for
other
action
requiring
States
to
address
the
1­
hour
standard,
for
example,
issuing
a
SIP
call
under
section
110
of
the
CAA.
If
an
area
is
continuing
to
violate
the
1­
hour
standard
for
several
years,
it
could
be
an
indication
that
the
area
will
be
unable
to
attain
the
8­
hour
standard
based
on
data
from
2005­
2007,
as
required
of
Compact
areas.

Deferral
of
the
Effective
Date
of
Nonattainment
Designation
for
8­
hour
Ozone
Standard
3.
The
cornerstone
of
the
Protocol
for
Early
Action
Compacts
Designed
to
Achieve
and
Maintain
the
8­
Hour
Ozone
Standard
states
as
one
of
its
principles
that
a
participating
area
will
have
a
deferral
of
the
effective
date
of
any
nonattainment
designation
and
related
requirements
so
long
as
all
Compact
terms
and
milestones
are
met.
Exactly
what
are
the
related
requirements
that
would
be
deferred?
Are
the
specific
nonattainment
requirements
deferred
for
areas
with
an
8­
hour
Ozone
Compact
documented
in
writing?

RESPONSE:
Since
the
effective
date
of
the
nonattainment
designation
is
deferred,
all
CAA
requirements
that
would
apply
to
an
area
designated
nonattainment
would
not
apply
during
the
period
of
deferral.
These
requirements
are
generally
specified
in
sections
172,
173,
176
and
182
of
the
CAA.

4.
Can
the
state
implementation
plan
(
SIP)
be
developed
to
allow
flexibility
if
legal
or
congressional
changes
provide
for
a
different,
better,
or
delayed
attainment
path?
Would
EPA
delay
designation
under
the
8­
hour
standard,
or
defer
the
effective
date
of
designation
or
implementation
of
the
requirements
associated
with
the
standard,
for
an
area
that
enters
into
a
Compact?

RESPONSE:
The
EPA
anticipates
promulgating
designations
for
the
8­
hour
ozone
standard
by
April
15,
2004,
as
provided
in
a
consent
decree
in
American
Lung
Association
v.
EPA
(
O.
D.
C.
No.
02­
2239).
At
that
time
Compact
areas
will
be
designated
attainment
or
nonattainment.
Compact
areas
that
are
designated
nonattainment
for
the
8­
hour
standard,
but
continue
to
meet
all
milestones
of
the
agreement,
will
be
eligible
for
deferral
of
the
effective
date
of
the
nonattainment
designation.
The
EPA
cannot
anticipate
congressional
changes
that
may
occur
to
the
designation
or
implementation
provision
of
the
CAA.
If
Congress
modifies
provisions
relevant
to
EPA's
approach
for
Compact
areas,
we
will
issue
guidance
addressing
such
revisions.
May
15,
2003
3
5.
As
the
deferred
effective
date
of
the
nonattainment
designation
continues
for
EAC
areas
so
long
as
Compact
milestones
are
met,
will
EPA
change
Part
81
each
time
to
modify
the
effective
date,
or
will
Part
81
change
only
if
a
Compact
area
either
misses
a
milestone
or
makes
a
submission
that
is
not
acceptable?

RESPONSE:
EPA
anticipates
a
sequence
of
three
deferrals
for
Compact
areas
that
are
designated
nonattainment
and
meet
agreed­
upon
milestones,
and
we
intend
to
change
Part
81
to
reflect
each
of
the
deferrals.
EPA
intends
to
revise
Part
81
by
April
15,
2004
to
promulgate
the
first
deferred
effective
date
of
the
nonattainment
designation
until
September
30,
2005,
provided
Compact
areas
meet
the
June
16,
2003
milestone,
complete
the
June
and
December
2003
progress
reports,
and
meet
the
March
31,
2004
milestone.
Before
September
30,
2005
(
the
date
of
the
first
deferral),
EPA
intends
to
promulgate
the
second
deferred
effective
date
until
December
31,
2006,
provided
Compact
areas
complete
the
June
and
December
2004
progress
reports,
and
meet
the
December
31,
2004
SIP
submittal.
Before
December
31,
2006,
EPA
intends
to
promulgate
the
third
deferral
until
April
15,
2008,
provided
Compact
areas
complete
all
remaining
milestones
and
reports
 
the
2005­
2007
progress
reports,
the
implementation
of
measures
by
December
31,
2005,
completion
of
the
June
30,
2006
progress
assessment,
and
attainment
of
the
8­
hour
ozone
standard
by
December
31,
2007.

If
a
Compact
area
fails
a
milestone
or
EPA
determines
that
the
SIP
is
incomplete
or
deficient,
we
intend
to
end
the
deferral
as
soon
as
possible
through
a
revision
to
Part
81.
For
example,
if
an
area
fails
to
submit
the
attainment
demonstration
SIP
by
December
31,
2004,
EPA
intends
to
revise
Part
81
to
end
the
deferral
earlier
than
the
deferral
date
of
September
30,
2005.

6.
Does
signing
a
compact
imply
a
presumption
of
nonattainment
designation
with
a
deferred
effective
date
for
the
compact
area
or
any
portion
of
the
compact
area?

RESPONSE:
No.
EPA
will
base
designations
on
monitoring
data
and
other
factors
as
described
in
a
March
28,
2000
memorandum
from
John
Seitz,
EPA,
Office
of
Air
Quality
Planning
and
Standards,
"
Boundary
Guidance
on
Air
Quality
Designations
for
the
8­
hour
Ozone
National
Ambient
Air
Quality
Standard."
See
page
4
(
factors
to
consider
in
designating
areas
attainment
or
nonattainment).

Conformity
7.
Does
conformity
apply
to
an
EAC
area
currently
operating
under
a
1­
hour
maintenance
plan?

RESPONSE:
Yes.
Under
section
176(
c)(
1)(
B)
of
the
CAA,
conformity
applies
to
areas
designated
as
nonattainment,
as
well
as
areas
operating
under
a
maintenance
SIP
pursuant
to
section
175A
of
the
CAA.
Therefore,
all
areas
(
including
EAC
areas)
with
a
maintenance
plan
for
the
1­
hour
standard
must
continue
implementing
conformity
requirements
as
long
as
the
May
15,
2003
4
1­
hour
standard
is
in
place.

EPA
is
proposing,
as
part
of
the
rule
to
implement
the
8­
hour
ozone
standard,
that
conformity
would
not
apply
for
purposes
of
the
1­
hour
ozone
standard
after
the
1­
hour
standard
and
an
area's
1­
hour
designation
are
revoked.
EPA
is
also
proposing
a
process
for
revoking
the
1­
hour
standard
and
the
timing
of
that
revocation.
Under
that
proposal
the
1­
hour
standard
for
all
Compact
areas
would
be
revoked
1
year
after
the
effective
date
of
the
designation
of
attainment
or
nonattainment
for
the
8­
hour
standard.
Therefore,
on
the
1­
year
effective
date
of
the
determination
we
make
in
April
2008
(
approximately
May
or
June
of
2009),
which
will
include
the
designation
of
Compact
areas,
the
1­
hour
standard
would
be
revoked,
and
conformity
for
the
1­
hour
standard
would
no
longer
apply.
If
an
EAC
area
is
designated
attainment
for
the
8­
hour
standard,
the
area
would
not
be
subject
to
conformity
for
the
8­
hour
standard.
If
the
area
is
designated
nonattainment
for
the
8­
hour
standard,
conformity
for
the
8­
hour
standard
would
apply
1
year
after
the
effective
date.

8.
Does
conformity
apply
to
compact
areas
that
comply
with
the
1­
hour
ozone
standard,
but
are
not
subject
to
a
section
175A
maintenance
plan
for
the
1­
hour
standard?

RESPONSE:
No,
conformity
for
the
1­
hour
standard
does
not
apply
to
compact
areas
that
are
not
subject
to
a
section
175A
1­
hour
maintenance
plan.
Conformity
applies
to
designated
nonattainment
areas
and
maintenance
areas.
Because
the
effective
date
of
the
nonattainment
designation
will
be
deferred
for
EAC
areas
that
are
determined
to
be
violating
the
8­
hour
ozone
standard,
conformity
will
not
apply
to
areas
that
continue
to
meet
all
Compact
milestones
However,
if
the
EAC
area
misses
a
compact
milestone
or
EPA
determines
that
a
submission
in
response
to
a
milestone
is
deficient
or
not
approvable,
the
nonattainment
designation
would
become
effective,
which
would
trigger
conformity.
There
is
a
1­
year
grace
period
between
the
time
of
the
effective
date
of
the
nonattainment
designation
and
the
time
that
the
area
is
subject
to
conformity.

Modeling
9.
Will
USEPA
be
issuing
further
guidance
as
to
what
level
of
detail
is
expected
in
air
dispersion
modeling?
Is
it
assumed
that
new
modeling
will
be
required
to
illustrate
the
results
of
early
action
commitments?
New
modeling
may
not
be
achievable
for
several
years.

RESPONSE:
SIP­
quality
modeling
is
required
for
a
demonstration
of
attainment
for
Early
Action
Compact
areas.
The
EPA
guidance
for
8­
hour
ozone
photochemical
modeling
is
available
in
draft.
(
See
"
Draft
Guidance
on
the
Use
of
Models
and
Other
Analyses
in
Attainment
Demonstrations
for
the
8­
hour
Ozone
NAAQS,"
May
1999,
EPA­
454/
R­
99­
004)
at:
http://
www.
epa.
gov/
scram001/
guidance/
guide/
drafto3.
pdf.
This
document
is
expected
to
be
May
15,
2003
5
finalized
by
the
end
of
2003.
State
and
local
agencies
should
also
refer
to
questions
and
answers
related
to
EAC
modeling
issues
at:
http://
www.
epa.
gov/
scram001/
guidance/
guide/
eac­
ozone.
pdf.
This
document,
which
will
be
updated
periodically
with
additional
questions,
as
necessary,
provides
clarification
of
the
draft
modeling
guidance
and
its
application
to
EAC
areas.

EPA
would
not
require
new
modeling
once
the
compact
area
has
demonstrated
attainment
of
the
8­
hour
standard.

Funding
10.
Is
there,
or
will
there
be,
funding
available
from
USEPA
to
assist
with
the
implementation
of
Early
Compact
agreements?

RESPONSE:
The
EPA
is
prepared
to
provide
expertise
and
advice
to
guide
the
selection
and
implementation
of
projects.
EPA
does
not
currently
have
grant
monies
specifically
allocated
to
the
8­
hour
Early
Action
Compact
program.
EPA,
however,
does
have
grants
for
innovative
projects
that
reduce
emissions
of
ozone­
forming
pollutants.
See
the
web
site
at:
http://
www.
epa.
gov/
otaq/
rfp.
htm
for
a
listing
of
many
of
the
grant
opportunities
available
to
states,
and
local
communities.
Compact
areas
should
work
with
their
States
or
Tribal
areas
to
apply
for
grant
funds.

11.
Are
EAC
areas
eligible
for
CMAQ
funding
under
the
8­
hour
ozone
standard?

RESPONSE:
Although
EAC
areas
will
be
designated
nonattainment
in
April
2004,
the
effective
date
of
their
designation
will
be
deferred.
Unless
and
until
the
nonattainment
designation
becomes
effective,
EAC
areas
are
not
considered
nonattainment
for
the
8­
hour
standard.
Consequently,
these
areas
are
not
eligible
for
CMAQ
funds
for
purposes
of
nonattainment
planning
under
the
8­
hour
standard.

However,
EAC
areas
that
are
currently
subject
to
a
maintenance
plan
for
the
1­
hour
standard
under
section
175A
of
the
CAA
are
eligible
for
CMAQ
funds.
These
areas
would
remain
eligible
for
CMAQ
funds
until
the
1­
hour
standard
is
revoked
as
long
as
they
were
maintenance
areas
after
December
31,
1997.

Maintenance
Plan
12.
Do
EAC
areas
need
a
maintenance
plan
for
the
8­
hour
ozone
standard?

RESPONSE:
The
EAC
protocol
requires
the
area
to
do
a
maintenance
analysis
to
address
growth
in
emissions
at
least
5
years
beyond
12/
31/
07,
to
ensure
that
the
area
will
continue
to
attain
the
8­
hour
standard.
The
protocol
describes
several
methods
that
can
be
used
to
make
a
demonstration
of
future
attainment,
including,
for
example,
an
annual
review
of
growth
to
ensure
May
15,
2003
6
control
measures
and
growth
assumptions
are
adequate.
If
the
annual
review
of
growth
shows
that
the
control
measures
are
not
adquate
to
address
growth
in
emissions,
additional
measures
will
be
added
to
the
plan.
The
plan
must
also
detail
a
continuing
planning
process
that
includes
modeling
updates
and
modeling
assumption
verification
(
particularly
growth
assumptions)
to
evaluate,
for
example,
air
quality
impacts
from
potential
new
source
growth
and
from
future
transportation
patterns.
For
additional
information,
see
section
E
of
the
Protocol.

Redesignation
to
Attainment
13.
Will
areas
need
to
be
redesignated
to
attainment
once
the
EAC
areas
attain
the
8­
hour
standard
by
December
2007?

RESPONSE:
EPA
anticipates
that
Compact
areas
that
attain
the
8­
hour
ozone
standard
by
December
2007
will
be
designated
as
attainment
in
Part
81
of
the
Code
of
Federal
Regulations.
EPA
intends
that
these
areas
will
not
be
required
to
be
redesignated
from
nonattainment
to
attainment
because
the
"
nonattainment"
designation
was
never
effective.

SIP
Credit
14.
If
an
area
implements
controls
under
an
MOA
or
Compact,
will
those
reductions
be
able
to
be
counted
as
control
measures
under
a
subsequent
attainment
SIP,
if
one
is
required?

RESPONSE:
The
8­
hour
"
Compact"
is
the
Memorandum
of
Agreement.
Reductions
from
any
control
measures
implemented
under
the
8­
hour
Early
Action
Compact
and
approved
into
the
SIP
can
be
credited
towards
a
subsequent
attainment
SIP,
if
one
is
required
(
see
memorandum
from
John
S.
Seitz,
Director,
Office
of
Air
Quality
Planning
and
Standards,
to
Gregg
Cooke,
Regional
Administrator,
Region
VI,
dated
January
29,
2001,
"
Near­
Term
Discretionary
Emission
Reductions
for
Ozone
NAAQS
 
Clarification.")

Early
Reductions
for
PM­
2.5
Standard
15.
What
are
EPA's
thoughts
about
how
an
8­
hour
Ozone
Early
Action
Compact
would
relate
to
States'
efforts
to
meet
the
fine
particulate
standard?
There
may
be
overlap
in
control
strategies
to
address
the
two
pollutants.
Is
EPA
considering
a
similar
program
for
areas
likely
to
be
nonattainment
for
PM­
2.5?
What
benefits
exist
for
communities
opting
into
the
Ozone
Flex
Program
if
the
possibility
for
designation
as
nonattainment
for
PM­
2.5
is
likely?

RESPONSE:
There
is
strong
interest
within
EPA
to
harmonize
the
implementation
of
the
8­
hour
ozone
NAAQS
and
the
PM­
2.5
NAAQS.
This
would
include
harmonizing
both
the
timing
issues
and
the
State
implementation
planning
(
control
strategies)
issues.
There
are
strategy
May
15,
2003
7
discussions
underway
in
an
attempt
to
identify
early
reduction
measures
that
may
reduce
PM­
2.5
concentrations
in
metropolitan
communities.
However,
it
is
too
early
to
know
what
benefits
might
exist
for
those
communities
opting
into
an
8­
hour
ozone
EAC
program
in
concert
with
a
harmonized
PM­
2.5
program.
Currently,
no
EAC
program
with
deferred
nonattainment
designation
exists
for
PM­
2.5
areas
as
it
does
for
ozone.
EPA
is
considering,
however,
to
allow
expedited
redesignation
to
attainment
for
areas
that
are
violating
the
PM­
2.5
NAAQS,
but
achieve
reductions
in
emissions
earlier
than
areas
are
otherwise
required
to
achieve
under
the
CAA.

1­
hour
Ozone
Flex
Program
16.
How
will
the
1­
hour
Ozone
Flex
program
complement
or
work
with
whatever
strategy
USEPA
develops
for
implementation
of
the
8­
hour
ozone
standard?

RESPONSE:
The
1­
hour
Ozone
Flex
program
and
the
8­
hour
EAC
program
are
NOT
mutually
exclusive.
In
fact,
an
area
may
find
benefits
from
participating
in
both
the
1­
hour
Ozone
Flex
program
and
the
8­
hour
EAC
program,
especially
if
an
area
in
violation
of
the
8­
hour
standard
also
has
experienced
exceedances
of
the
1­
hour
standard
and
is
concerned
with
possible
future
violation
of
the
1­
hour
standard.
In
the
proposed
implementation
guidance
for
the
8­
hour
standard,
EPA
discusses
incentives
for
areas
that
want
to
take
early
action
for
reducing
ozone
under
the
8­
hour
standard.
