OZONE Early Action Compacts

Early Action Compacts -- An Alternative Route to Clean Air

The Environmental Protection Agency (EPA) is working with communities to get clean air as soon as possible by entering into Early Action Compacts that will reduce ground-level ozone, commonly known as smog. Communities close to or exceeding the 8-hour ozone standard that have elected to enter into an Early Action Compact will start reducing air pollution at least two years sooner than required by the Clean Air Act.

Communities participating in the Early Action Compacts must submit plans for meeting the national 8-hour ozone air quality standard in 2004, rather than waiting until 2007 -- the deadline for other areas not meeting the 8-hour ozone standard.

Early Action Compacts require communities to:

• Develop and implement air pollution control strategies,
• Account for emissions growth, and
• Achieve and maintain the national 8-hour ozone standard.

EPA will designate these areas "nonattainment" in April 2004. However, as long as Early Action Compact areas meet agreed upon milestones, the impact of nonattainment designation for the 8-hour ozone standard will be deferred.

Click on the links below to read:

Early Action Compact agreements and supporting documents by state and area
How Early Action Compacts work (70KB PDF)
A table summarizing benefits and cautions to be aware of with Early Action Compacts. (66KB PDF)
Information about ground-level ozone and your health (58KB PDF)
A history of how the Early Action Compact program got started in Texas (29KB PDF)

Note: Click on the blue ball to retrieve detailed information on a specific Early Action Compact. The asterisk * denotes a county in a Metropolitan Statistical Area (MSA).

This Early Action Compact webpage is still under development with frequent updates of new documents.

Information Directory

	Early Action Compact Rulemaking Notices
	Early Action Compact Guidance and Other Resources
	Early Action Compact Milestone Requirements
	Early Action Compacts Related Correspondence
	Frequently Asked Questions
	Summary of Local Measures Under Consideration by EAC Areas
	List of Early Action Compacts with Links to Area-Specific Submittals and Information
	Location of Early Action Compacts

Early Action Compact Rulemaking Notices

Final Rule for First Deferred Effective Date (September 30, 2005)
	June 18, 2004 — Published Final Rule for Modification to Effective Date of Air Quality Designation for the 8-hour Ozone National Ambient Air Quality Standards for Chattanooga, TN-GA June 14, 2004 — Signed Final Rule for Modification to Effective Date of Air Quality Designation for the 8-hour Ozone National Ambient Air Quality Standards for Chattanooga, TN-GA June 14, 2004 — Fact Sheet: Modification to Effective Date of Air Quality Designation for the 8-hour Ozone National Ambient Air Quality Standards for Chattanooga, TN-GA April 30, 2004 — Published Final Rule for Air Quality Designations and Classifications for the 8-Hour Ozone National Ambient Air Quality Standards; Early Action Compact Areas With Deferred Effective Dates ... Federal Register 69: 23858-23951 April 15, 2004 — Response to Comments Document for the following EPA Proposed Rules — [1] Deferral of Effective Date of Nonattainment Designations for 8-hour Ozone National Ambient Air Quality Standard for Early Action Compact Areas (Docket No. OAR-2003-0090-0278) and [2] Early Action Compact-related Comments for Proposed Rule to Implement the 8-hour Ozone National Ambient Air Quality Standard (Docket No. OAR-2003-0090-0717) April 15, 2004 — Evaluation of Control Strategies and Technical Assessments for Early Action Compact Local Plans ... March 31, 2004 Milestone (Chapter 7 in 8-Hour Ozone Designations Technical Support Document)   June 14, 2004 — Evaluation of Control Strategies and Technical Assessments of Additional Local Control Measures and Modeled Attainment Demonstration for Chattanooga, TN-GA Early Action Compact Area ... Submitted June 7, 2004 to Supplement March 31, 2004 Milestone Submission April 15, 2004 — Signed Clean Air Ozone Designations Rule including information about Early Action Compact deferrals (See the box titled "EPA's Final Nonattainment Designations for 8-Hour Ozone")
Proposed Rule for First Deferred Effective Date (September 30, 2005)
	December 16, 2003 — Published Proposed Rule for First Deferred Effective Date ... Federal Register 68: 70108-70119 December 11, 2003 — Signed Proposed Rule for First Deferred Effective Date

Early Action Compact Guidance and
Other Resources

	EPA, October 14, 2004 ... Guidance on State Implementation Plan (SIP) Submittals for Early Action Compact Areas (EACs)
	EPA, August 5, 2004 ... Guidance on SIP Credits for Emission Reductions from Electric-sector Energy Efficiency and Renewable Energy Measures
	EPA, June 23, 2004 ... Guidance on Quantifying NOx Benefits for Cetane Improvement Programs for Use in SIPs and Transportation Conformity (EPA Report No.— EPA 420-B-04-005)
	EPA, February 18, 2004 ... Weblinks to State and Local Websites
	EPA, January 16, 2004 ... Matrix of EPA Guidance Documents for Preparing EAC Control Measures
	EPA, April 4, 2003 ... Guidance for the June 16, 2003 Submission and Other Clarifications
	EPA, November 14, 2002 ... Schedule for 8-Hour Ozone Designations and its Effect on Early Action Compacts
	EPA, June 19, 2002 ... Protocol for Early Action Compacts Designed to Achieve and Maintain the 8-hour Ozone Standard
	EPA, November 24, 1999 ... "Serious and Severe Ozone Nonattainment Areas: Information on Emissions, Control Measures Adopted or Planned and Other Available Control Measures"
	EPA, May 31, 1999 ... "Draft Guidance on the Use of Models and Other Analyses in Attainment Demonstrations for the 8-Hour Ozone NAAQS"
	EPA, July 1994 ... "Methodologies for Estimating Emission and Travel Activity Effects of TCMs"
	STAPPA/ALAPCO, July 1994 ... "Controlling Nitrogen Oxides Under the Clean Air Act: A Menu of Options"
	STAPPA/ALAPCO, September 1993 ... "Meeting the 15 Percent Rate-of-Progress Requirement Under the Clean Air Act: A Menu of Options"

Early Action Compact Milestone Requirements

For an area to participate in the Early Action Compact program, the local community must develop and implement through the State SIP a local air quality plan that will bring the area into attainment of the 8-hour NAAQS by December 31, 2007. The development and implementation of this plan must include specific steps and must meet certain target deadlines as set forth in the following list of milestones.

	December 31, 2002	No later than December 31, 2002, compacts must be completed, signed by local, State (or Tribal) and EPA officials, and formally submitted.
	June 16, 2003	Compact areas identify/describe local control measures that are being considered during the planning process. Deadline for describing the control measures must be met to maintain program eligibility.
	March 31, 2004	The resulting local plan, including control measures, must be completed and submitted to the State by this date for inclusion in the SIP.
	December 31, 2004	States must submit a SIP consisting of the local plan, including all adopted control measures that demonstrate attainment of the 8-hour ozone NAAQS by December 31, 2007.
	December 31, 2005	Compact areas must implement the local control measures that have been incorporated into the SIP.
	June 30, 2006	Compact areas must certify progress toward attainment since previous milestone, e. g., continued implementation and progress toward improvement in air quality and emissions reductions.
	December 31, 2007	Area must attain the 8-hour ozone NAAQS. Failure to attain by this date will result in the nonattainment designation becoming effective.

Early Action Compact Related Correspondence

Correspondence related to Early Action Compacts from EPA, State and local agencies, industry, the regulated community, environmental groups and citizens is included here. We have cataloged this correspondence according to whether it is national, state-wide, or compact-specific in scope.

National Scope
		Letter dated September 7, 2004, from J. David Farren and Marily Nixon, Southern Environmental Law Center, Chapel Hill, NC, to Richard Schutt, U. S. Environmental Protection Agency, Region 4
		Letter dated May 15, 2003, from J. David Farren and Sierra B. Weaver, Southern Environmental Law Center, Chapel Hill, NC, to James A. Joy, III, Bureau of Air Quality, SC Department of Health and Environmental Control
		Letter dated March 25, 2003, from Southern Alliance for Clean Energy, Knoxville, TN, to U.S. EPA, Region 4
State-wide Scope
		North Carolina
		South Carolina
		Tennessee
Compact-specific Scope

Frequently Asked Questions

As State and local agencies move forward to complete milestones in support of Early Action Compacts, they have asked a number of questions for clarification of previously issued guidance and its application to EAC areas. These questions have been reviewed and responses prepared by EPA Regional Offices, OAQPS and OGC. This is a living document, and EPA intends to provide responses to additional questions as needed.

	January 15, 2004 ... Frequently Asked Questions on Implementing the DRAFT 8-Hour Ozone Modeling Guidance to Support Attainment Demonstrations for Early Action Compact
	May 15, 2003 ... Frequently Asked Questions on 8-hour Ozone Early Action Compacts--Volume 1
	February 19, 2004 ... Frequently Asked Questions on 8-hour Ozone Early Action Compacts--Volume 2: Weight of Evidence

Summary of Local Measures Under Consideration by EAC Areas

By June 16, 2003, EAC areas were required to submit a list of local measures that each area is considering for adoption and implementation, based on stakeholder involvement. By March 31, 2004, these areas are required to submit a local plan that includes a final selection of local measures for adoption and submittal to EPA as a SIP revision by December 31, 2004. This final selection of measures will be based on a technical demonstration showing attainment of the 8-hour ozone standard by December 31, 2007.

Each of the June 16, 2003 submittals is posted under the area-specific listing on this website. .

	March 31, 2004 ... Compiled list of local measures under consideration by EAC areas reported in March 31, 2004 Milestone
	December 31, 2003 ... Compiled list of local measures under consideration by EAC areas reported in December 31, 2003 progress reports
	June 16, 2003 ... Highlight matrix of local measures under consideration by EAC areas
	June 16, 2003 ... Compiled list of local measures under consideration by EAC areas

List of Early Action Compacts with Links to Area-Specific Submittals and Information

Arkansas

Memphis Area (see also Mississippi and Tennessee) Denied deferral of effective date of nonattainment designation — June 15, 2004

Crittenden County* DeSoto County,* MS Fayette County,* TN Shelby County,* TN Tipton County,* TN

Colorado

Denver Area

Adams* & Arapahoe* Counties (the part west of Kiowa Creek - excludes extreme eastern portions of the counties) Boulder County* (part of - excludes Broomfield and Rocky Mtn National Park) Broomfield County* Denver County* Douglas County* Jefferson County*

Georgia

	Chattanooga Area (see also Tennessee)	Catoosa County* Walker County* Hamilton County,* TN Marion County,* TN Meigs County, TN
	Lower Savannah - Augusta Area (Aiken - Augusta area) (see also South Carolina)	Columbia County* Richmond County* Aiken County,* SC Allendale County, SC Bamberg County, SC Barnwell County, SC Calhoun County, SC Orangeburg County, SC

Louisiana

Shreveport - Bossier City Area

Bossier Parish* Caddo Parish* Webster Parish*

Maryland

Washington County (west of Washington, DC)

Washington County* (part of Washington-Baltimore MSA)

Mississippi

Memphis Area (see also Arkansas and Tennessee) Denied deferral of effective date of nonattainment designation — June 15, 2004

DeSoto County* Crittenden County,* AR Fayette County,* TN Shelby County,* TN Tipton County,* TN

New Mexico

San Juan County (Farmington area)

San Juan County

North Carolina

	Fayetteville (Fayetteville area)	Cumberland County*
	Mountain Area of Western NC (including Asheville)	Buncombe County* Haywood County Henderson County Madison County* Transylvania County
	Triad Area (Greensboro - Winston Salem - High Point area)	Alamance County* Caswell County Davidson County* Davie County* Forsyth County* Guilford County* Randolph County* Rockingham County Stokes County* Surry County Yadkin County*
	Unifour Area (Hickory - Morganton -Lenoir area)	Alexander County* Burke County* Caldwell County* Catawba County*

Oklahoma

	Central Oklahoma (Oklahoma City area)	Canadian County* Cleveland County* Logan County* McClain County* Oklahoma County* Pottawatomie County*
	Tulsa Area	Creek County* (part of) Osage County* (part of) Rogers County* (part of) Tulsa County* Wagoner County* (part of)

South Carolina

	Appalachian (Greenville - Spartanburg - Anderson area)	Anderson County* Cherokee County* Greenville County* Oconee County Pickens County* Spartanburg County*
	Berkeley-Charleston-Dorchester (Charleston area)	Berkeley County* Charleston County* Dorchester County*
	Catawba (part of Charlotte - Gastonia - Rock Hill area)	Chester County Lancaster County Union County York County*
	Central Midlands (Columbia area)	Fairfield County Lexington County* Newberry County Richland County*
	Low Country (Beaufort area)	Beaufort County Colleton County Hampton County Jasper County
	Lower Savannah - Augusta Area (Aiken - Augusta area) (see also Georgia)	Aiken County* Allendale County Bamberg County Barnwell County Calhoun County Orangeburg County Columbia County,* GA Richmond County,* GA
	Pee Dee (Florence area)	Chesterfield County Darlington County Dillon County Florence County* Marion County Marlboro County
	Santee Lynches (Sumter area)	Clarendon County Kershaw County Lee County Sumter County*
	Upper Savannah (Abbeville - Greenwood area)	Abbeville County Edgefield County* (actually in Augusta-Aiken MSA) Laurens County Saluda County Greenwood County
	Waccamaw (Myrtle Beach area)	Georgetown County Horry County* Williamsburg County

Tennessee

	Chattanooga Area (see also Georgia)	Hamilton County* Marion County* Meigs County Catoosa County,* GA Walker County,* GA
	Haywood County (near Memphis)	Haywood County
	Knoxville Area Denied deferral of effective date of nonattainment designation — June 15, 2004	Anderson County* Blount County* Jefferson County Knox County* Loudon County* Sevier County* Union County*
	Lawrence County (southern TN, between Chattanooga and Memphis) Opted out of Early Action Compact	Lawrence County
	Memphis Area (see also Arkansas and Mississippi) Denied deferral of effective date of nonattainment designation — June 15, 2004	Fayette County* Shelby County* Tipton County* Crittenden County,* AR DeSoto County,* MS
	Nashville Area	Cheatham County* Davidson County* Dickson County* Robertson County* Rutherford County* Sumner County* Williamson County* Wilson County*
	Putnam County (central TN, between Nashville and Knoxville)	Putnam County
	Tri-Cities Area (Johnson City-Kingsport-Bristol area)	Carter County* Hawkins County* Johnson County Sullivan County* Unicoi County* Washington County*

Texas

	Austin - San Marcos Area	Bastrop County* Caldwell County* Hays County* Travis County* Williamson County*
	Northeast Texas Area (Longview - Tyler area)	Gregg County* Harrison County* Rusk County Smith County* Upshur County
	San Antonio Area	Bexar County* Comal County* Guadalupe County* Wilson County*

Virginia

	Northern Shenandoah Valley Region (Winchester Area)	City of Winchester Frederick County (adjacent to Washington-Baltimore MSA)
	Roanoke Area	Botetourt County* City of Roanoke* City of Salem* Roanoke County*

West Virginia

The Eastern Pan Handle Region (Martinsburg area)

Berkeley County* Jefferson County* (part of Washington-Baltimore MSA)