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Will an area that signed an Early Action Compact prior to December 31, 2002, but violates the 1-hour standard during the 2003 or 2004 ozone season, be in violation of their Compact?

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Will an area that signed an Early Action Compact prior to December 31, 2002, but violates the 1-hour standard during the 2003 or 2004 ozone season, be in violation of their Compact?

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RESPONSE: An area that signed a Compact agreement with EPA by December 31, 2002, but experiences a subsequent violation of the 1-hour standard, may continue to participate in the program, provided the area continues to meet all milestones outlined in the Compact. An area with an Early Action Compact that subsequently violates the 1-hour standard may be required to conduct modeling that shows selected control measures will bring the area into attainment for both the 1-hour and the 8-hour ozone standard.

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