97-19201. Implementation of Revised Air Quality Standards for Ozone and Particulate Matter

  • [Federal Register Volume 62, Number 138 (Friday, July 18, 1997)]
    [Presidential Documents]
    [Pages 38421-38432]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-19201]
    
    
    
    
                            Presidential Documents 
    
    
    
    Federal Register / Vol. 62, No. 138 / Friday, July 18, 1997 / 
    Presidential Documents
    
    ___________________________________________________________________
    
    Title 3--
    The President
    
    [[Page 38421]]
    
                    Memorandum of July 16, 1997
    
                    
    Implementation of Revised Air Quality Standards 
                    for Ozone and Particulate Matter
    
                    Memorandum for the Administrator of the Environmental 
                    Protection Agency
    
                    I have approved the issuance of new air quality 
                    standards to provide important new health protection 
                    for all Americans by further controlling pollution from 
                    ozone and particulate matter. These new standards 
                    promise to improve the lives of millions of Americans 
                    in coming years.
    
                    Consistent with my Administration's approach to 
                    regulatory decision making, I also want to ensure that 
                    these new standards are implemented in a common sense, 
                    cost-effective manner. It is critically important that 
                    these standards be implemented in the most flexible, 
                    reasonable, and least burdensome manner, and that the 
                    Federal Government work with State and local 
                    governments and other interested parties to this end.
    
                    I have determined that there are certain essential 
                    elements of an approach to implementation that will 
                    accomplish these goals. I direct you to use the 
                    following elements when implementing the new air 
                    quality standards:
    
                    1. Implementation of the air quality standards is to be 
                    carried out to maximize common sense, flexibility, and 
                    cost effectiveness;
    
                    2. Implementation shall ensure that the Nation 
                    continues its progress toward cleaner air by respecting 
                    the agreements already made by States, communities, and 
                    businesses to clean up the air, and by avoiding 
                    additional burdens with respect to the beneficial 
                    measures already underway in many areas. Implementation 
                    also shall be structured to reward State and local 
                    governments that take early action to provide clean air 
                    to their residents; and to respond to the fact that 
                    pollution travels hundreds of miles and crosses many 
                    State lines;
    
                    3. Implementation shall ensure that the Environmental 
                    Protection Agency (``Agency'') completes its next 
                    periodic review of particulate matter, including review 
                    by the Clean Air Scientific Advisory Committee, within 
                    5 years of issuance of the new standards, as 
                    contemplated by the Clean Air Act. Thus, by July 2002, 
                    the Agency will have determined, based on data 
                    available from its review, whether to revise or 
                    maintain the standards. This determination will have 
                    been made before any areas have been designated as 
                    ``nonattainment'' under the PM2.5 standards 
                    and before imposition of any new controls related to 
                    the PM2.5 standards; and
    
                    4. Implementation is to be accomplished with the 
                    minimum amount of paperwork and shall seek to reduce 
                    current paperwork requirements wherever possible.
    
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                    Excellent preliminary work on the strategy for carrying 
                    out these implementation principles has been 
                    accomplished by an interagency Administration group and 
                    I commend that group for these important efforts. The 
                    group's work is set out in the attached plan, which is 
                    hereby incorporated by reference.
    
                    In order for the implementation of these standards to 
                    proceed in accordance with the goals I have 
                    established, I hereby direct you, in consultation with 
                    all affected agencies and parties, to undertake the 
                    steps appropriate under law to carry out the attached 
                    plan and to complete all necessary guidance and 
                    rulemaking no later than December 31, 1998.
    
                    This memorandum is for the purposes of internal 
                    Administration management only, and is not judicially 
                    reviewable.
    
                    You are authorized and directed to publish this 
                    determination and plan in the Federal Register.
    
                        (Presidential Sig.)
    
                    THE WHITE HOUSE
    
                        Washington, July 16, 1997.
    
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                    Implementation Plan for Revised Air Quality Standards
    
                    An interagency Administration group has discussed and 
                    evaluated approaches for the common sense, flexible, 
                    and cost effective implementation of the revised 
                    National Ambient Air Quality Standards (NAAQS) for 
                    ozone and particulate matter (PM). This document 
                    reflects the preliminary work by that group on a 
                    strategy for implementing these health-based standards 
                    consistent with the principles discussed by President 
                    Clinton in his announcement of the standards. The 
                    Environmental Protection Agency (EPA) will continue to 
                    work with other Federal agencies, State and local 
                    governments, small businesses, industry, and 
                    environmental and public health groups to fully develop 
                    and implement this strategy.
    
                    This implementation plan provides a road map for areas 
                    to attain the standards and protect public health 
                    without sacrificing economic growth. The goals of the 
                    plan are to: 1) maintain the progress currently being 
                    made toward cleaner air and respect the agreements and 
                    technological progress already made by communities and 
                    businesses to pursue clean air; 2) reward State and 
                    local governments and businesses that take early action 
                    to reduce air pollution levels through cost-effective 
                    approaches; 3) respond to the fact that pollution can 
                    travel hundreds of miles and cross many State lines; 4) 
                    work with the States to develop control programs which 
                    employ regulatory flexibility to minimize economic 
                    impacts on businesses large and small to the greatest 
                    possible degree consistent with public health 
                    protection; 5) minimize planning and regulatory burdens 
                    for State and local governments and businesses where 
                    air quality problems are regional, not local, in 
                    nature; 6) ensure that air quality planning and related 
                    Federal, State, and local planning are coordinated; and 
                    7) recognize the substantial lead time necessary for 
                    State and local governments and businesses to plan for 
                    and meet standards for a new indicator of PM.
    
                    The Clean Air Act (CAA) requires the EPA to set air 
                    quality standards to protect the public health and the 
                    environment without consideration of costs. The 1997 
                    revisions to the NAAQS for ground level ozone and PM 
                    fulfill this requirement. However, the Act recognizes 
                    that the EPA and the States must work together to 
                    develop cost-effective, flexible, and fair 
                    implementation plans if the standards are to be met as 
                    expeditiously as practicable.
    
                    There are a number of important linkages between these 
                    pollutants. There is also a linkage between these 
                    pollutants and their precursors and regional haze 
                    problems. Promulgation of the two standards 
                    simultaneously provides a more complete description of 
                    the health and environmental effects associated with 
                    two of the major components of air pollution. It can 
                    help States and local areas better manage their air 
                    quality by focusing on the common precursors of both 
                    pollutants and provides the opportunity to work jointly 
                    with industry to address common sources of multiple air 
                    pollutants in a comprehensive manner. This will lead to 
                    more effective and efficient protection of public 
                    health and the environment.
    
                    In addition to the interagency process, the EPA has 
                    been soliciting other input. While the review of the 
                    ozone and PM NAAQS was underway, the EPA convened a 
                    group of air quality experts representing industry, 
                    environmental, and public health groups; State and 
                    local governments; other Federal agencies; and academia 
                    under the Federal Advisory Committee Act (FACA). This 
                    group was charged by the Administrator of the EPA to 
                    develop innovative, flexible, and cost-effective 
                    implementation strategies that utilize a mix of control 
                    measures to address ozone, PM, and regional haze. This 
                    group will continue working with the EPA to further 
                    develop this strategy.
    
                    In addition, all Federal agencies will continue to do 
                    their part in carrying out the Federal responsibilities 
                    in the State/Federal partnership that has been so 
                    successful in improving air quality in the United 
                    States. In addition, the EPA, in partnership with the 
                    other Federal agencies, has developed
    
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                    an interagency research program that is described in 
                    Appendix 1 for the coordination of future research on 
                    both ground level ozone and PM.
    
                    Implementation of Ozone Standard
    
                    Phase-out of 1-hour standard
    
                    The revised ozone standard is intended to replace the 
                    current 1-hour standard with an 8-hour standard. 
                    However, the 1-hour standard will continue to apply to 
                    areas not attaining it for an interim period to ensure 
                    an effective transition to the new 8-hour standard.
    
                    Subpart 2 of part D of Title I of the CAA addresses the 
                    requirements for different classifications of 
                    nonattainment areas that do not meet the current 1-hour 
                    standard (i.e., marginal, moderate, serious, and 
                    severe). These requirements include such items as 
                    mandatory control measures, annual rate of progress 
                    requirements for emission reductions, and offset ratios 
                    for the emissions from new or modified stationary 
                    sources. These requirements have contributed 
                    significantly to the improvements in air quality since 
                    1990. Although the EPA initially offered an 
                    interpretation of the CAA in the proposed Interim 
                    Implementation Policy (IIP) (61 FR 65764, December 13, 
                    1996) under which the provisions of Subpart 2 would not 
                    apply to existing ozone nonattainment areas once a new 
                    ozone NAAQS is promulgated, the EPA has reconsidered 
                    that interpretation after receiving comments on the 
                    proposed IIP. Based on EPA's legal review, the Agency 
                    has concluded that Subpart 2 should continue to apply 
                    as a matter of law for the purpose of achieving 
                    attainment of the current 1-hour standard. Once an area 
                    attains the 1-hour standard, those provisions will no 
                    longer apply and the area's implementation of the new 
                    8-hour standard would be governed only by the 
                    provisions of Subpart 1 of Part D of Title I.
    
                    To streamline the process and minimize the burden on 
                    existing nonattainment areas, the 1-hour standard will 
                    cease to apply to an area upon a determination by the 
                    EPA that an area has attained air quality that meets 
                    the 1-hour standard. In light of the implementation of 
                    the new 8-hour standard, which is more stringent than 
                    the existing 1-hour standard, States will not have to 
                    prepare maintenance plans for those areas that attain 
                    the 1-hour standard. Within 90 days, the EPA will 
                    publish an action identifying existing nonattainment 
                    areas and maintenance areas to which the 1-hour 
                    standard will cease to apply because they have attained 
                    the 1-hour standard.
    
                    For areas where the air quality does not currently 
                    attain the 1-hour standard, the 1-hour standard will 
                    continue in effect. The provisions of Subpart 2 would 
                    also apply to designated nonattainment areas until such 
                    time as each area has air quality meeting the 1-hour 
                    standard. At that time, the EPA will take action so 
                    that the 1-hour standard no longer applies to such 
                    areas. In any event, the ``bump-up'' provisions of 
                    Subpart 2, which require areas not attaining the 
                    standard by the applicable attainment date to be 
                    reclassified to the next higher classification, will 
                    not be triggered by the failure of any area to meet the 
                    new 8-hour standard. The purpose of retaining the 
                    current standard is to ensure a smooth legal and 
                    practical transition to the new standard.
    
                    Implementation of New 8-hour Ozone standard
    
                    This section discusses the general timeline for 
                    implementing the 8-hour standard, the importance of 
                    regional approaches to address ozone and options for 
                    classifying and designating areas relative to the 8-
                    hour ozone NAAQS.
    
                    General Timeline
    
                    Following promulgation of a revised NAAQS, the Clean 
                    Air Act provides up to 3 years for State governors to 
                    recommend and the EPA to designate areas according to 
                    their most recent air quality. In addition, States will 
                    have up to 3 years from designation to develop and 
                    submit State Implementation Plans (SIPs) to provide for 
                    attainment of the new standard. Under
    
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                    this approach, areas would be designated as 
                    nonattainment for the 8-hour standard by 2000 and would 
                    submit their nonattainment SIPs by 2003. The Act allows 
                    up to 10 years plus two 1-year extensions from the date 
                    of designation for areas to attain the revised NAAQS.
    
                    Regional Strategy
    
                    Ozone is a pollutant that travels great distances and 
                    it is increasingly clear that it must be addressed as a 
                    regional problem. For the past 2 years the EPA has been 
                    working with the 37 most eastern States through the 
                    Ozone Transport Assessment Group (OTAG) in the belief 
                    that reducing interstate pollution will help all areas 
                    in the OTAG region attain the NAAQS. A regional 
                    approach can reduce compliance costs and allow many 
                    areas to avoid most traditional nonattainment planning 
                    requirements. The OTAG was sponsored by the 
                    Environmental Council of States, with the objective of 
                    evaluating ozone transport and recommending strategies 
                    for mitigating interstate pollution. The OTAG completed 
                    its work in June 1997 and forwarded recommendations to 
                    the EPA. Based on these recommendations, in September 
                    1997, the EPA will propose a rule requiring States in 
                    the OTAG region that are significantly contributing to 
                    nonattainment or interfering with maintenance of 
                    attainment in downwind States to submit SIPs to reduce 
                    their interstate pollution. The EPA will issue the 
                    final rule by September 1998.
    
                    If the States choose to establish a regional emission 
                    cap-and-trade system, modeled on the current acid rain 
                    program, reductions can be obtained at a lower cost. 
                    The EPA will encourage and assist the States to develop 
                    and implement such a program. Most important, based on 
                    the EPA's review of the latest modeling, a regional 
                    approach, coupled with the implementation of other 
                    already existing State and Federal Clean Air Act 
                    requirements, will allow the vast majority of areas 
                    that currently meet the 1-hour standard but would not 
                    otherwise meet the new 8-hour standard to achieve 
                    healthful air quality without additional local 
                    controls.
    
                    Areas in the OTAG region that would exceed the new 
                    standard after the adoption of the regional strategy, 
                    including areas that do not meet the current 1-hour 
                    standard, will benefit as well because the regional 
                    NOX program will reduce the extent of 
                    additional local measures needed to achieve the 8-hour 
                    standard. In many cases these regional reductions may 
                    be adequate to meet CAA progress requirements for a 
                    number of years, allowing areas to defer additional 
                    local controls.
    
                    Transitional Classification
    
                    For areas that attain the 1-hour standard but not the 
                    new 8-hour standard, the EPA will follow a flexible 
                    implementation approach that encourages cleaner air 
                    sooner, responds to the fact that ozone is a regional 
                    as well as local problem, and eliminates unnecessary 
                    planning and regulatory burdens for State and local 
                    governments. A primary element of the plan will be the 
                    establishment under Section 172(a)(1) of the CAA of a 
                    special ``transitional'' classification for areas that 
                    participate in a regional strategy and/or that opt to 
                    submit early plans addressing the new 8-hour standard. 
                    Because many areas will need little or no additional 
                    new local emission reductions to reach attainment, 
                    beyond those reductions that will be achieved through 
                    the regional control strategy, and will come into 
                    attainment earlier than otherwise required, the EPA 
                    will exercise its discretion under the law to eliminate 
                    unnecessary local planning requirements for such areas. 
                    The EPA will revise its rules for new source review 
                    (NSR) and conformity so that States will be able to 
                    comply with only minor revisions to their existing 
                    programs in areas classified as transitional. During 
                    this rulemaking, the EPA will also reexamine the NSR 
                    requirements applicable to existing nonattainment 
                    areas, in order to deal with issues of fairness among 
                    existing and new nonattainment areas. The transitional 
                    classification will be available for any area attaining 
                    the 1-hour standard but not attaining the 8-hour 
                    standard as of the time the EPA promulgates 
                    designations for the 8-hour
    
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                    standard. Areas will follow the approaches described 
                    below based on their status.
    
                    (1) Areas attaining the 1-hour standard, but not 
                    attaining the 8-hour standard, that would attain the 8-
                    hour standard through the implementation of the 
                    regional NOX transport strategy for the 
                    East.
    
                    Based on the OTAG analyses, areas in the OTAG region 
                    that can reach attainment through implementation of the 
                    regional transport strategy would not be required to 
                    adopt and implement additional local measures. When the 
                    EPA designates these areas under section 107(d), it 
                    will place them in the new transitional classification 
                    if they would attain the standard through 
                    implementation of the regional transport strategy and 
                    are in a State that by 2000 submits an implementation 
                    plan that includes control measures to achieve the 
                    emission reductions required by the EPA's rule for 
                    States in the OTAG region. This is 3 years earlier than 
                    an attainment SIP would otherwise be required. The EPA 
                    anticipates that it will be able to determine whether 
                    such areas will attain based on the OTAG and other 
                    regional modeling and that no additional local modeling 
                    would be required.
    
                    (2) Areas attaining the 1-hour standard but not 
                    attaining the 8-hour standard for which a regional 
                    transport strategy is not sufficient for attainment of 
                    the 8-hour standard.
    
                    To encourage early planning and attainment for the 8-
                    hour standard, the EPA will make the transitional 
                    classification available to areas not attaining the 8-
                    hour standard that will need additional local measures 
                    beyond the regional transport strategy, as well as to 
                    areas that are not affected by the regional transport 
                    strategy, provided they meet certain criteria. To 
                    receive the transitional classification, these areas 
                    must submit an attainment SIP prior to the designation 
                    and classification process in 2000. The SIP must 
                    demonstrate attainment of the 8-hour standard and 
                    provide for the implementation of the necessary 
                    emissions reductions on the same time schedule as the 
                    regional transport reductions. The EPA will work with 
                    affected areas to develop a streamlined attainment 
                    demonstration. By submitting these attainment plans 
                    earlier than would have otherwise been required, these 
                    areas would be eligible for the transitional 
                    classification and its benefits and would achieve 
                    cleaner air much sooner than otherwise required.
    
                    (3) Areas not attaining the 1-hour standard and not 
                    attaining the 8-hour standard
    
                    The majority of areas not attaining the 1-hour standard 
                    have made substantial progress in evaluating their air 
                    quality problems and developing plans to reduce 
                    emissions of ozone-causing pollutants. These areas will 
                    be eligible for the transitional classification 
                    provided that they attain the 1-hour standard by the 
                    year 2000 and comply with the appropriate provisions of 
                    section (1) or (2) above depending upon which 
                    conditions they meet.
    
                    Areas not Eligible for the Transitional Classification
    
                    For these areas, their work on planning and control 
                    programs to meet the 1-hour standard by their current 
                    attainment date (e.g., 2005 for Philadelphia and 2007 
                    for Chicago) will take them a long way toward meeting 
                    the 8-hour standard. While the additional local 
                    reductions that they will need to achieve the 8-hour 
                    standard must occur prior to their 8-hour attainment 
                    date (e.g., 2010), for virtually all areas the 
                    additional reductions needed to achieve the 8-hour 
                    standard can occur after the 1-hour attainment date. 
                    This approach allows them to make continued progress 
                    toward attaining the 8-hour standard throughout the 
                    entire period without requiring new additional local 
                    controls for attaining the 8-hour standard until the 1-
                    hour standard is attained. These areas, however, will 
                    need to submit an implementation plan within 3 years of 
                    designation as nonattainment for the new standard for 
                    achieving the 8-hour standard. Such a plan can rely in 
                    large part on measures needed to attain the 1-hour 
                    standard. For virtually all of these areas, no 
                    additional local control measures beyond those needed 
                    to meet the requirements of Subpart 2 and needed in 
                    response to the regional
    
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                    transport strategy would be required to be implemented 
                    prior to their applicable attainment date for the 1-
                    hour standard. Nonattainment areas that do not attain 
                    the 1-hour standard by their attainment date would 
                    continue to make progress in accordance with the 
                    requirements of Subpart 2; the control measures needed 
                    to meet the progress requirements under Subpart 2 would 
                    generally be sufficient for meeting the control measure 
                    and progress requirements of Subpart 1 as well.
    
                    Implementation of Particulate Matter Standards
    
                    As required under the Act, within the next 5 years the 
                    EPA will complete the next periodic review of the PM 
                    criteria and standards, including review by the CASAC. 
                    As with all NAAQS reviews, the purpose is to update the 
                    pertinent scientific and technical information and to 
                    determine whether it is appropriate to revise the 
                    standards in order to protect the public health with an 
                    adequate margin of safety or to protect the public 
                    welfare. Although the EPA has concluded that the 
                    current scientific knowledge provides a strong basis 
                    for the revised PM10 and new PM2.5 
                    standards, there remain scientific uncertainties 
                    associated with the health and environmental effects of 
                    PM and the means of reducing them.
    
                    The following steps discussed below and in Appendix 1, 
                    Interagency Research Program, will address these 
                    concerns. First, recognizing the importance of 
                    developing a better understanding of the effects of 
                    fine particles on human health, including their causes 
                    and mechanisms, as well as the species and sources of 
                    PM2.5, the EPA will continue to sponsor 
                    research, particularly in these areas. Second, the 
                    Administrator of the EPA will promptly initiate a new 
                    review of the scientific criteria on the effects of 
                    airborne particles on human health and the environment. 
                    Within 90 days, the EPA will develop and provide to 
                    CASAC a plan and proposed schedule for this review to 
                    assure that the review is completed within 5 years. The 
                    plan and schedule will be published in the Federal 
                    Register. Thus, by July 2002, the Agency will have 
                    determined, based on data available from its review, 
                    whether to revise or maintain the standards. This 
                    determination will have been made before any areas have 
                    been designated nonattainment under the PM2.5 
                    standards and before imposition of any new controls 
                    related to the PM2.5 standards.
    
                    Implementation of New PM2.5 NAAQS
    
                    As set forth in the EPA's final action regarding PM, 
                    the EPA is establishing a new indicator for fine 
                    particles (i.e., PM2.5) and promulgating new 
                    PM2.5 standards. Monitoring and planning 
                    will be required before control measures to address 
                    these standards would be required. Therefore, the first 
                    priority for implementing them is establishment of a 
                    comprehensive monitoring network to determine ambient 
                    fine particle concentrations across the country. The 
                    monitoring network will help the EPA and the States 
                    determine which areas do not meet the new air quality 
                    standards, what are the major sources of PM2.5 
                    in various regions, and what action is needed to clean 
                    up the air. The EPA and the States will consult with 
                    affected stakeholders on the design of the network and 
                    will then establish the network, which will consist of 
                    approximately 1,500 monitors. All monitors will provide 
                    for limited speciation, or analysis of the chemical 
                    composition, of the particles measured. At least 50 of 
                    the monitors will provide for a more comprehensive 
                    speciation of the particles. The EPA will work with 
                    states to deploy the PM2.5 monitoring 
                    network. Based on the ambient monitoring data we have 
                    seen to date, these would generally not include 
                    agricultural areas. The EPA will fund the cost of 
                    purchasing the monitors, as well as the cost of 
                    analyzing particles collected at the monitors to 
                    determine their chemical composition.
    
                    Because the EPA is establishing standards for a new 
                    indicator for PM (i.e., PM2.5), it is 
                    critical to develop the best information possible 
                    before attainment and nonattainment designation 
                    decisions are made. Three calendar years of Federal 
                    reference method monitoring data will be used to 
                    determine
    
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                    whether areas meet or do not meet the PM2.5 
                    standards. Three years of data will be available from 
                    the earliest monitors in the spring of 2001, and 3 
                    years of data will be available from all monitors in 
                    2004. Following this monitoring schedule and allowing 
                    time for data analysis, Governors and the EPA will not 
                    be able to make the first determinations as to which 
                    areas should be designated nonattainment until at least 
                    2002, 5 years from now. The Clean Air Act, however, 
                    requires that the EPA make designation determinations 
                    (i.e., attainment, nonattainment, or unclassifiable) 
                    within 2 to 3 years of revising a NAAQS. To fulfill 
                    this requirement, in 1999 the EPA will issue 
                    ``unclassifiable'' designations for PM2.5. 
                    These designations will not trigger the planning or 
                    control requirements of part D of Title I of the Act.
    
                    When the EPA designates PM2.5 nonattainment 
                    areas pursuant to the Governors' recommendations 
                    beginning in 2002, areas will be allowed 3 years to 
                    develop and submit to the EPA pollution control plans 
                    showing how they will meet the new standards. Areas 
                    will then have up to 10 years from their redesignation 
                    to nonattainment to attain the PM2.5 
                    standards with the possibility of two 1-year 
                    extensions.
    
                    In developing strategies for attaining the PM2.5 
                    standards, it is important to focus on measures that 
                    decrease emissions that contribute to regional 
                    pollution. Available information indicates that nearly 
                    one-third of the areas projected not to meet the new 
                    PM2.5 standards, primarily in the Eastern 
                    United States, could come into compliance as a result 
                    of the regional SO2 emission reductions 
                    already mandated under the Clean Air Act's acid rain 
                    program, which will be fully implemented between 2000 
                    and 2010. Similarly, the Grand Canyon Visibility 
                    Transport Commission, consisting of Western States and 
                    tribes, committed to reducing regional emissions of 
                    PM2.5 precursors (sulfates, nitrates, and 
                    organics) to improve visibility across the Colorado 
                    Plateau.
    
                    As detailed PM2.5 air quality data and data 
                    on the chemical composition of PM2.5 in 
                    different areas become available, the EPA will work 
                    with the States to analyze regional strategies that 
                    could reduce PM2.5 levels. If further cost-
                    effective regional reductions will help areas meet the 
                    new standard, the EPA will encourage States to work 
                    together to use a cap-and-trade approach similar to 
                    that used to curb acid rain. This acid rain program 
                    delivered environmental benefits at a greatly reduced 
                    cost.
    
                    Given the regional dimensions of the PM2.5 
                    problem, local governments and local businesses should 
                    not be required to undertake unnecessary planning and 
                    local regulatory measures when the problem requires 
                    action on a regional basis. Therefore, as long as the 
                    States are doing their part to carry out regional 
                    reduction programs, the areas that would attain the 
                    PM2.5 standards based on full implementation 
                    of the acid rain program would not face new local 
                    requirements. Early identification of other regional 
                    strategies could also assist local areas in completing 
                    their programs to attain the PM2.5 standards 
                    after those areas have been designated nonattainment.
    
                    The EPA will also encourage States to coordinate their 
                    PM2.5 control strategy development and 
                    efforts to protect regional visibility. Visibility 
                    monitoring and data analysis will support both 
                    PM2.5 implementation and the visibility 
                    program.
    
                    Implementation of Revised PM10 NAAQS
    
                    In its rule, the EPA is revising the current set of 
                    PM10 standards. Given that health effects 
                    from coarse particles are still of concern, the overall 
                    goal during this transition period is to ensure that 
                    PM10 control measures remain in place to 
                    maintain the progress that has been achieved toward 
                    attainment of the current PM10 NAAQS (and 
                    which provides benefits for PM2.5) and 
                    protection of public health.
    
                    To ensure that this goal is met, the existing PM10 
                    NAAQS will continue to apply until certain critical 
                    actions by the EPA, and by States and local agencies, 
                    have been taken to sustain the progress already made. 
                    For areas
    
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                    not attaining the existing PM10 NAAQS when 
                    the revised standards go into effect, those standards 
                    remain in effect until the EPA has completed a section 
                    172(e) rulemaking to prevent backsliding. The EPA will 
                    propose this rulemaking in the Fall of 1997. For areas 
                    attaining the existing PM10 NAAQS, the EPA 
                    will retain the existing PM10 NAAQS until 
                    the State submits and the EPA approves the section 110 
                    SIP which States are required to submit within 3 years 
                    of a NAAQS revision. Once those areas have an approved 
                    SIP, the EPA will take action so the standard no longer 
                    applies. In addition, the EPA will take action within 3 
                    years to designate areas for the revised PM10 
                    standards.
    
                    Cost-Effective Implementation Strategies
    
                    There is a strong desire to drive the development of 
                    new technologies with the potential of greater emission 
                    reduction at less cost. It was agreed that $10,000 per 
                    ton of emission reduction is the high end of the range 
                    of reasonable cost to impose on sources. Consistent 
                    with the State's ultimate responsibility to attain the 
                    standards, the EPA will encourage the States to design 
                    strategies for attaining the PM and ozone standards 
                    that focus on getting low cost reductions and limiting 
                    the cost of control to under $10,000 per ton for all 
                    sources. Market-based strategies can be used to reduce 
                    compliance costs. The EPA will encourage the use of 
                    concepts such as a Clean Air Investment Fund, which 
                    would allow sources facing control costs higher than 
                    $10,000 a ton for any of these pollutants to pay a set 
                    annual amount per ton to fund cost-effective emissions 
                    reductions from non-traditional and small sources. 
                    Compliance strategies like this will likely lower the 
                    costs of attaining the standards through more efficient 
                    allocation, minimize the regulatory burden for small 
                    and large pollution sources, and serve to stimulate 
                    technology innovation as well.
    
                    Additional Future Activities and Coordination with 
                    Other Federal Departments and Agencies
    
                    The approaches outlined above for implementation of the 
                    current and new ozone standards will be developed in 
                    the future in much greater detail. In order to ensure 
                    that the final details are practical, incorporate 
                    common sense, and provide the appropriate steps toward 
                    cleaning the air, input is needed from many 
                    stakeholders such as representatives of State and local 
                    governments, industry, environmental groups, and 
                    Federal agencies. The EPA will continue seeking such 
                    advice from a range of stakeholders and, after 
                    evaluating their input, propose the necessary guidance 
                    to make these approaches work. Moreover, the EPA will 
                    continue to work with a number of Federal agencies to 
                    ensure that those agencies comply with these new 
                    standards in cost-effective, common sense ways. The 
                    guidance and rules (e.g., revisions to NSR and 
                    conformity) will be completed by the end of 1998.
    
                    The EPA will continue to work with the Small Business 
                    Administration (SBA) because small businesses are 
                    particularly concerned about the potential impact 
                    resulting from future control measures to meet the 
                    revised PM and ozone standards. The EPA, in partnership 
                    with SBA, will work with the States to include in their 
                    SIPs flexible regulatory alternatives that minimize the 
                    economic impact and paperwork burden on small 
                    businesses to the greatest possible degree consistent 
                    with public health protection.
    
                    The EPA and the Department of Defense will continue to 
                    work towards assuring that the CAA's general conformity 
                    provisions are applied appropriately so as to maintain 
                    the air quality benefits of this requirement consistent 
                    with the Department's goals for cost-saving 
                    consolidation of the defense infrastructure and the 
                    economic viability for civilian use of former military 
                    bases, in support of base realignment and closure 
                    activities.
    
    [[Page 38430]]
    
                    In addition, understanding that critical training using 
                    smoke and obscurants must continue to ensure the 
                    training and readiness of the military, the EPA will 
                    work with the Department of Defense to develop a policy 
                    that ensures that a local area will not be redesignated 
                    to nonattainment solely on the basis of the use of 
                    obscurants or smoke for such purposes. While there is a 
                    need to keep the public informed of violations of air 
                    quality standards, if any were to occur, there is no 
                    need to curtail the training or limit it to certain 
                    weather conditions.
    
                    The EPA will also work closely with the Department of 
                    Agriculture and the Agriculture Air Quality Task Force 
                    on any agricultural issues associated with the ozone 
                    and PM standards. By establishing new standards for 
                    particulate matter smaller than 2.5 micrometers in 
                    diameter (PM2.5), as opposed to tightening 
                    the existing standards for particles smaller than 10 
                    micrometers (PM10), the EPA is actually 
                    focusing regulatory attention away from farming and 
                    tilling issues. Indeed, soils and agriculture comprise 
                    a much smaller portion of the PM2.5 problem 
                    than they do of the PM10 problem. The EPA 
                    will issue guidance to the States to ensure that in 
                    meeting the PM2.5 standards they focus their 
                    control strategies on sources of fine particles, rather 
                    than coarse particles (those particles larger than 
                    PM2.5).
    
                    Finally, the EPA will continue to work with the 
                    interagency group addressing fire and air quality 
                    issues. The EPA recognizes the inevitability of fire, 
                    and the important role of fire in natural systems. The 
                    interagency group will develop policies and practices 
                    to assure compatibility between fire and air quality 
                    programs consistent with public health, safety, and 
                    environmental protection.
    
    [[Page 38431]]
    
                    Appendix 1
    
                    Interagency Research Program
    
                    The EPA has concluded that the current scientific 
                    knowledge provides a strong basis for the revised ozone 
                    and PM10 standards and the new PM2.5 
                    standards. However, for both pollutants there exist 
                    uncertainties about the health effects and their causes 
                    that can benefit from further study. The complex 
                    chemistry of their formation and the potential for the 
                    regional transport of their precursor pollutants and 
                    ozone and PM also needs to be better understood to 
                    design effective control strategies to reduce their 
                    concentrations in the ambient air. The research program 
                    is structured to prioritize those projects that ensure 
                    research activities are focused on high-priority topics 
                    and that the research carried out by various agencies 
                    is both complementary and timely. The EPA will reach 
                    out to form partnerships with the private sector and 
                    State and local governments in performing the research 
                    wherever possible.
    
                    Particulate Matter Research
    
                    As discussed elsewhere, the EPA will complete another 
                    full scientific and technical review of the PM 
                    standards by 2002. Simultaneous with the planning for 
                    the current criteria review in 1993, the EPA began a 
                    process of increasing emphasis on PM research. As 
                    discussed above, commenters on the proposed PM NAAQS 
                    also expressed significant concerns about the science. 
                    The steps discussed below are intended to address the 
                    concerns raised by the commenters.
    
                    Based on the recently completed comprehensive 
                    scientific review, the EPA is again reassessing its 
                    research priorities to address the most recent 
                    understanding of these uncertainties with the 
                    development of two documents, entitled PM Research 
                    Needs for Human Health Risk Assessment and ORD PM 
                    Research Program Strategy. These documents are designed 
                    to highlight significant health research needs and EPA/
                    ORD's strategy to address a subset of those needs as 
                    well as research needs for implementing the standards. 
                    Both documents were reviewed by the Clean Air 
                    Scientific Advisory Committee (CASAC) in a November 
                    1996 meeting, and are currently undergoing revisions to 
                    address CASAC comments.
    
                    These documents, in turn, will help to guide an 
                    expansion of an ongoing government-wide effort to 
                    target and coordinate Federal research on particulate 
                    matter. The EPA, in partnership with other Federal 
                    agencies, will develop a greatly expanded coordinated 
                    interagency PM research program. The program will 
                    contribute to expanding the science associated with 
                    particulate matter health effects, as well as 
                    developing improved monitoring methods and cost-
                    effective mitigation strategies. For example, the 
                    Department of Health and Human Services is conducting 
                    research on respiratory disease and could undertake 
                    surveillance of PM-related health effects. Significant 
                    emphasis will be placed on coordinating research on 
                    health effects, biological mechanism causing effects, 
                    monitoring, source-receptor relationships, speciation 
                    of PM, identification of sources, control technologies 
                    and regional transport for particulate matter with 
                    corresponding research on ozone and other related 
                    pollutants including regional haze. To assist State and 
                    local efforts in completing planning requirements and 
                    reducing PM, the EPA will work cooperatively with the 
                    Department of Agriculture, Department of Defense, 
                    Department of Energy, Department of Transportation, and 
                    other affected Federal agencies to refine existing, 
                    limited analytical models for PM10 and to 
                    develop new reliable predictive models for 
                    PM2.5.
    
                    Tropospheric (Ground Level) Ozone Research
    
                    To ensure that the ozone NAAQS and their implementation 
                    continue to be based on the best available science, the 
                    EPA will continue its research efforts on tropospheric 
                    or ground level ozone. As with the setting and 
                    implementation of virtually all health-based 
                    environmental standards, there remain scientific 
                    uncertainties associated with the effects of ozone and 
                    the means of reducing them. The EPA has participated in 
                    an intergovernmental
    
    [[Page 38432]]
    
                    public/private partnership called the North American 
                    Research Strategy for Tropospheric Ozone (NARSTO) that 
                    involves a coordinated effort to identify and address 
                    key issues in the emissions, transport, and mitigation 
                    of photochemical pollutants. Further, with the 
                    completion of the ozone Criteria Document, the EPA has 
                    reassessed the uncertainties and research needs on the 
                    health and ecological effects of ozone at workshops 
                    held in March and May 1997, respectively. The EPA is 
                    currently developing a health and ecological effects 
                    research needs document for ozone, which will be 
                    submitted for review by CASAC.
    
                    In addition, the EPA will continue broader efforts to 
                    coordinate Federal research on tropospheric ozone. The 
                    public/private NARSTO partnership is a model 
                    cooperative effort already begun in the area of 
                    atmospheric processes and risk management. NARSTO's 
                    membership spans government, utilities and other 
                    industries, and the academic community--all following a 
                    single national research agenda. The EPA will also work 
                    in partnership with other Federal agencies to address 
                    research needs on ozone health and ecological effects. 
                    For example, the Department of Health and Human 
                    Services is conducting research on respiratory disease 
                    and could undertake surveillance of ozone-related 
                    health effects. These research efforts will be 
                    coordinated to ensure research activities are focused 
                    on high-priority topics and that the research carried 
                    out by various agencies is complementary. Significant 
                    emphasis will be placed on coordinating both health 
                    effects, monitoring, source-receptor, and control 
                    technologies for ozone with corresponding research on 
                    particulate matter and other related pollutants subject 
                    to significant regional transport.
    
    [FR Doc. 97-19201
    Filed 7-17-97; 12:50pm]
    Billing code 6560-50-P
    
    
    

Document Information

Published:
07/18/1997
Department:
Executive Office of the President
Entry Type:
Presidential Document
Document Type:
Memorandum
Document Number:
97-19201
Pages:
38421-38432 (12 pages)
EOCitation:
of 1997-07-16
PDF File:
97-19201.pdf