§7513a Plan Provisions and Schedules for Plan Submissions

Summary

States must send plans to control PM–10 (fine dust) for areas that do not meet air quality standards. For Moderate areas the plan must include a permit program for new or changed big sources of PM–10, a show of whether the area will meet the standard by the deadline (or proof it is not practical), and a promise to use reasonably available controls by December 10, 1993 (or within 4 years after being labeled Moderate if that happened after November 15, 1990). States had to file these plans within 1 year of November 15, 1990 (with the permit program sent by June 30, 1992) or within 18 months after any later nonattainment designation. For Serious areas, states must add a full attainment demonstration (or a finding that an extension is needed and the soonest practical new date) and must put the best available controls in place within 4 years of being classified Serious. The technical demonstration is generally due within 4 years after reclassification (or within 18 months for areas reclassified under a specific rule), and the control-measure provisions must be submitted within 18 months. For Serious areas, a “major source” means any group of sources under common control in one place that can emit at least 70 tons of PM–10 per year. Plans must include numeric progress checkpoints every 3 years until the area reaches the standard. After each checkpoint happens, the State has 90 days to show the Environmental Protection Agency that required measures were done and the checkpoint was met; the EPA has 90 days to say if that report is adequate. If the State misses a report or a checkpoint, the EPA will require a revised plan within 9 months to reach the next checkpoint or to attain the standard. If a Serious area still fails to meet the standard by its deadline, the State must, after public notice and comment, submit revised plans within 12 months that get the area to the standard and cut PM–10 (or its precursor emissions) by at least 5% each year, based on the latest emissions inventory, until attainment. Controls that apply to big PM–10 sources also apply to big sources of PM–10 precursors unless the EPA finds those precursors do not significantly raise PM–10 levels; the EPA will issue guidance on this.