View all text of Subpart Z [§ 51.1000 - § 51.1016]
§ 51.1005 - Attainment date extensions.
(a) Nonattainment areas initially classified as Moderate. (1) A state with a Moderate PM
(i) The state has complied with all requirements and commitments pertaining to the area in the applicable implementation plan;
(ii) For an area designated nonattainment for a particular 24-hour PM
(iii) For an area designated nonattainment for a particular annual PM
(2) The applicable implementation plan for a Moderate PM
(3) A Moderate area 1-year attainment date extension runs from January 1 to December 31 of the year following the year that includes the applicable attainment date.
(4) A state with a Moderate area that received an initial 1-year attainment date extension may apply for a second 1-year attainment date extension for the area if the state meets the conditions described in paragraph (a)(1) of this section for the first 1-year extension year.
(b) Nonattainment areas reclassified as Serious. (1) A state may apply for one attainment date extension not to exceed 5 years for a Serious nonattainment area if the following conditions are met:
(i) The state demonstrates that attainment of the applicable PM
(ii) The state has complied with all requirements and commitments pertaining to the area in the applicable implementation plan; and,
(iii) The state demonstrates that the attainment plan for the area includes the most stringent measures (MSM) that are included in the attainment plan of any state or are achieved in practice in any state, and can feasibly be implemented in the area consistent with § 51.1010(b).
(2) At the time of application for an attainment date extension, the state shall submit to the EPA a Serious area attainment plan that meets the following requirements:
(i) Base year and attainment projected emissions inventory requirements set forth at § 51.1008(b);
(ii) Most stringent measures (MSM) requirement described under paragraph (b)(1)(iii) of this section and § 51.1010(b), and best available control measures not previously submitted;
(iii) Attainment demonstration and modeling requirements set forth at § 51.1011 that justify the state's conclusion under paragraph (b)(1)(i) of this section, and that demonstrate attainment as expeditiously as practicable;
(iv) Reasonable Further Progress (RFP) requirements set forth at § 51.1012;
(v) Quantitative milestone requirements set forth at § 51.1013;
(vi) Contingency measure requirements set forth at § 51.1014; and,
(vii) Nonattainment new source review plan requirements pursuant to § 51.165.
(3) The applicable implementation plan for a Serious PM
(4) The applicable implementation plan for a Serious PM
(5) A state applying for an attainment date extension for a Serious nonattainment area under § 51.1004(a)(2)(ii) shall submit to the EPA a request for an extension at the same time as it submits the Serious area attainment plan due under § 51.1003(b)(1).
(6) A state applying for an attainment date extension for a Serious nonattainment area subsequent to submitting an initial Serious area attainment plan that demonstrated attainment of the NAAQS by the applicable attainment date consistent with § 51.1004(a)(2)(i) at the time of submission may apply for such an extension no later than 60 calendar days prior to the approved attainment date for the area or, in the absence of an approved attainment date, no later than 60 calendar days prior to the applicable statutory attainment date for the area.
(c) Serious nonattainment areas subject to CAA section 189(d) for failing to attain by the applicable Serious area attainment date. If a Serious area fails to attain a particular PM
(d) For any attainment date extension request submitted pursuant to this section, the requesting state (or states) shall submit a written request and evidence of compliance with these regulations which includes both of the following:
(1) Evidence that all control measures submitted in the applicable attainment plan have been implemented, and
(2) Evidence that the area has made emission reduction progress that represents reasonable further progress toward timely attainment of the applicable PM
(e) For a PM