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Protocol for Early Action Compacts (EAC) (cont.)

EPA

The EPA will recognize the local area's and State's commitment to voluntarily adopt an early, substantive, enforceable and scientifically-based attainment plan with early implementation of control measures by becoming a party to the Early Action Compact developed in conformance with this protocol.

The EPA will provide technical assistance to the state and local area in the development of the early action plan.

The EPA will move quickly to review and approve completed plans by no later than nine months after submission of the SIP revision by the state.

When the EPA's 8-hour implementation guidelines call for designations, the EPA will defer the effective date of nonattainment designation and related requirements for participating areas that fail to meet the 8-hour ozone standard as long as all terms and milestones of the compact are being met, including submission of the early action SIP revision by 2004.

Provided that the monitors in the area reflect attainment by December 31, 2007, the EPA will move expeditiously to designate the area as attainment and impose no additional requirements.

If at any time the area does not meet all the terms of this Compact, including meeting agreed-upon milestones, then it will forfeit its participation and be designated (or re-designated if necessary) according to the EPA's 8-hour ozone implementation guidelines. The EPA will offer such an area no delays, exemptions or other favorable treatment because of its previous participation in this program.

If the area violates the standard as of December 31, 2007, and the area has had a nonattainment designation deferred, the area will be designated nonattainment. The state will then submit a revised attainment demonstration SIP revision according to the CAA and the EPA's 8-hour implementation rule, unless the 8-hour implementation schedule requires SIP's from 8-hour nonattainment areas before December 31, 2008. In that event, a revised attainment demonstration SIP revision for the participating area will be due as soon as possible but no later than December 31, 2008. In no event will the EPA extend the attainment date for the area beyond that required by the CAA and/or the EPA's 8-hour implementation rule.

No area will be allowed to renew their Early Action Compact after December 31, 2007, or initiate a new compact if it has previously forfeited its participation

 

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