Status of Active Sanctions Clocks under the Clean Air Act
Note: The attached table below shows the status of sanction “countdown” clocks that have been started and have not yet been officially terminated. The Date of Sanction columns indicates the date sanctions would apply if they have not been stayed or deferred. The “Sanction Clock Stayed or Deferred” column indicates whether EPA has taken an action to stay the relevant sanction after it had started to apply; and/or whether EPA has taken an action to “defer” one or both sanctions that had not yet applied. Additional information is available under the Status column. Maps for the areas referenced in this table are available at: https://www.epa.gov/green-book/green-book-map-download.
Status of Active Sanction Clocks under the Clean Air Act (pdf)
Sanctions and FIP Clocks
Nonattainment New Source Review (NSR) Sanctions
The first sanction clock that starts on the effective date of a triggering action relates to the emission offset requirement under the nonattainment new source review program. This sanction applies 18 months after the effective date of the triggering action if the SIP deficiency has not been resolved. Specifically, a ratio of at least 2-to-1 will be required for emissions reductions to be achieved within the nonattainment area to offset emissions from new or modified major facilities (as required under section 173).
Federal Highway Funding Sanctions
The second sanction clock that starts on the effective date of a triggering action relates to the imposition of certain restrictions on highway funding. This sanction applies 24 months after the effective date of the triggering action if the SIP deficiency has not been resolved. Specifically, EPA may impose a prohibition on the approval by the Secretary of Transportation of certain projects, or the awarding of certain grants.
Federal Implementation Plans (FIPs)
A Federal Implementation Plan (FIP) is an air quality plan that the EPA is s obligated to develop on behalf of a state or tribe under certain circumstances. EPA is required to promulgate a FIP within two years of a SIP disapproval action or a finding of failure to submit.
Clean Data Policy/Determinations
In designated nonattainment areas where monitored data (or modeling in limited instances) demonstrates that the NAAQS have been achieved, EPA interprets certain requirements of the CAA to no longer be applicable for so long as air quality continues to meet the Standard. Under the Clean Data Policy, EPA may issue a determination of attainment (known informally as a Clean Data Determination (CDD)) after notice and comment rulemaking determining that a specific area is attaining the relevant NAAQS. For such areas, the requirement to submit certain SIP elements related to attaining the NAAQS is suspended for so long as the area continues to attain the standard. These suspended planning elements include reasonable further progress (RFP), attainment demonstrations, Reasonably Available Control Measures (RACM), contingency measures, and other state planning requirements related to attaining the NAAQS. A CDD will defer or stay the relevant sanctions clocks, based on the effective date of the final action.