Code of Federal Regulations Title 40. Protection of Environment § 40.52.476 Control strategy:  ozone

(a) EPA approves as a revision to the District of Columbia State Implementation Plan the 15 Percent Rate of Progress Plan for the District of Columbia's portion of the Metropolitan Washington, D.C. ozone nonattainment area, submitted by the Director of the District of Columbia Department of Health on April 16, 1998.

(b), (c) [Reserved]

(d) Based upon EPA's review of the air quality data for the 3–year period 2003 to 2005, EPA has determined that the Washington severe 1–hour ozone nonattainment area attained the 1–hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Washington severe 1–hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees.

(e) EPA approves revisions to the District of Columbia State Implementation Plan consisting of the 2008 reasonable further progress (RFP) plan, reasonably available control measures, and contingency measures for the Washington DC–MD–VA 1997 8–hour ozone moderate nonattainment area submitted by the Acting Director of the District of Columbia Department of the Environment on June 12, 2007.

(f) EPA approves the following 2008 RFP motor vehicle emissions budgets (MVEBs) for the Washington, DC–MD–VA 1997 8–hour ozone moderate nonattainment area submitted by the Director of the Virginia Department of Environment Quality on June 12, 2007:

(g) Determination of attainment. EPA has determined, as of February 28, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality data, the Washington, DC–MD–VA moderate nonattainment area has attained the 1997 8–hour ozone National Ambient Air Quality Standard (NAAQS). This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 8–hour ozone NAAQS.

(h) EPA approves revisions to the District of Columbia State Implementation Plan consisting of the attainment demonstration required under 40 CFR 51.908 demonstrating attainment of the 1997 ozone NAAQS by the applicable attainment date of June 15, 2010 and the failure to attain contingency measures for the Washington, DC–MD–VA 1997 8–hour ozone moderate nonattainment area submitted by the Acting Director of the District of Columbia Department of the Environment on June 12, 2007.

(i) EPA approves the following 2009 attainment demonstration and 2010 motor vehicle emissions budgets (MVEBs) for the Washington, DC–MD–VA 1997 8–hour ozone moderate nonattainment area submitted by the Acting Director of the District of Columbia Department of the Environment on June 12, 2007:

(j) EPA approves the maintenance plan for the District of Columbia portion of the Washington, DC–MD–VA nonattainment area for the 2008 8–hour ozone NAAQS submitted by the Director of the District of Columbia Department of Energy and Environment on March 12, 2018. The maintenance plan includes 2014, 2025, and 2030 motor vehicle emission budgets (MVEBs) for VOC and NO_X to be applied to all future transportation conformity determinations and analyses for the entire Washington, DC–MD–VA area for the 2008 8–hour ozone NAAQS. The maintenance plan includes two sets of VOC and NO_X MVEBs:  The MVEBs without transportation buffers are effective as EPA has determined them adequate for transportation conformity purposes;  the MVEBs with transportation buffers will be used only as needed in situations where the conformity analysis must be based on different data, models, or planning assumptions, including, but not limited to, updates to demographic, land use, or project-related assumptions, than were used to create the set of MVEBs without transportation buffers. The technical analyses used to demonstrate compliance with the MVEBs and the need, if any, to use transportation buffers will be fully documented in the conformity analysis and follow the Transportation Planning Board's (TPB) interagency consultation procedures.