Early Action Compacts for Ozone
Under a consent agreement between the federal Environmental Protection Agency (EPA) and national environmental groups, states are scheduled to meet 8-hour average air quality standards for ozone by April 2004. In late 2002, EPA announced that it would allow some communities to sign early action compacts. The purposes of a signed compact on the 8-hour standard are to provide a local area with flexibility to control air emissions from their sources and also to offer a means to achieve cleaner air faster than the Act would otherwise require.
Areas that currently approach or monitor exceedances of the 8-hour ozone standard, but are designated attainment and clean for the 1-hour ozone standard, and have no monitored violations, were eligible to qualify for the compact approach. (A list of local EAC signers can be found at http://www.environmentalengineers.com/ compact3.html). The purpose of the compacts is to encourage local governments to take steps to cut emissions. In return, the localities can avoid the rigid consequences of non-attainment status such as NSR and conformity provisions.
The EPA has outlined the following key milestones that must be included in each compact:
1. December 31, 2002 – The compact must be completed, signed by Local, State or Tribal and EPA officials, and submitted to EPA no later than December 31, 2002.
2. June 16, 2003 – Local area will identify and describe the local control measures that are being considered during the local planning process. This milestone will provide the public with clear information on the measures under consideration, will help ensure that interested parties are fully aware of the level of effort and local commitment that is necessary, and will demonstrate that the local area is making progress toward meeting the critical March 31, 2004 deadline for adoption of local measures.3. March 31, 2004 - Local plan must be completed and submitted to the State for inclusion in the SIP and a copy must be provided to EPA by that date.
4. December 31, 2004 - States will submit a SIP to EPA demonstrating attainment by December 31, 2007.
5. September 30, 2005 – EPA will take final action on any SIP revisions.
6. December 31, 2005 - Local control measures will be implemented that have been incorporated into the SIP.
7. June 30, 2006 – 6 month progress report.
8. December 31, 2007 - Area must attain the 8-hour ozone NAAQS or be designated as non-attainment.
In the event of any missed key milestone, EPA will take action to propose and promulgate a finding of failure to meet the milestone. EPA may also withdraw any deferred effective date of the nonattainment designation shortly after the missed milestone. If any milestone is missed and EPA withdraws the deferred effective date, a nonattainment SIP would be required by EPA within 1 year of the new effective date of the nonattainment designation. Thirty four areas (including four in North Carolina) submitted Early Action Compacts to EPA by December 31, 2002.
Early Action Compact Milestones
| 12/31/02 |
Submittal to EPA |
| 6/16/03 |
Initial list of measures |
| 3/31/04 |
Submit local plan to State |
| 12/31/04 |
Submit SIP to EPA |
| 9/30/05 |
SIP Approval |
| 12/31/05 |
Implement local control measures |
| 6/30/06 |
Progress Assessment |
| 12/31/07 |
Attainment Date |
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