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EPA/AR | RIN: 2060-AJ99 | Publication ID: Fall 2002 |
Title: Implementation Rule for 8-hour Ozone NAAQS | |
Abstract: This rule would provide specific requirements for State and local air pollution control agencies to prepare State implementation plans (SIPs) under the 8-hour national ambient air quality standard (NAAQS) for ozone, published by EPA on July 18, 1997. The Clean Air Act requires EPA to set ambient air quality standards and requires States to submit SIPs to implement those standards. The 1997 standards were challenged in court, but in February 2001, the Supreme Court determined that EPA has authority to implement a revised ozone standard, but ruled that EPA must reconsider its implementation plan for moving from the 1-hour standard to the revised standard. The Supreme Court identified conflicts between different parts of the Clean Air Act related to implementation of a revised NAAQS, provided some direction to EPA for resolving the conflicts, and left it to EPA to develop a reasonable approach for implementation. Thus, this rulemaking must address the requirements of the Clean Air Act and the Supreme Court's ruling. This rule would provide detailed provisions to address the Clean Air Act's requirements for State Implementation Plans (SIPs) and would thus affect State and local air agencies. States with areas that are not attaining the 8-hour ozone NAAQS will have to develop -- as part of their SIPs -- emission limits and other requirements to attain the NAAQS within the timeframes set forth in the Clean Air Act. Tribal lands that are not attaining the 8-hour ozone standard may be affected and could voluntarily submit a Tribal Implementation Plan (TIP), but would not be required to submit a TIP. In cases where a TIP is not submitted, EPA would have the responsibility for planning in those areas. | |
Agency: Environmental Protection Agency(EPA) | Priority: Economically Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Yes | Unfunded Mandates: State, local, or tribal governments; Private Sector |
CFR Citation: 40 CFR 51 (revision) | |
Legal Authority: 42 USC 7408 42 USC 7410 42 USC 7501-7511f 42 USC 7601(a)(1) |
Legal Deadline:
None |
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Statement of Need: This action is needed in response to the U.S. Supreme Court's ruling in February 2001 (Whitman v. American Trucking Assoc.,, 121 S.Ct.903) that stated that EPA has the authority to implement a revised ozone NAAQS but that EPA could not ignore the provisions of subpart 2 when implementing the 8-hour NAAQS. The Supreme Court identified several portions of subpart 2 that are ill-fitted to the revised NAAQS but left it to EPA to develop a reasonable implementation approach. Consequently, EPA is developing a rule to implement the 8-hour ozone NAAQS under the provisions of subpart 2 of the CAA. |
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Summary of the Legal Basis: Title I of the Clean Air Act. |
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Alternatives: This entry comprises the action the Agency plans to take to implement the 8-hour ozone NAAQS. The major alternative facing the Agency was whether to implement the standard strictly on a State-by-State basis, as has been the norm in the past, or to take Federal action to address the fact that emissions from one State affect the ability of other States to achieve the ozone NAAQS. The other major set of alternatives involved various possible strategies for infrastructure design, such as the designations of nonattainment areas and the requirements that apply to them. |
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Anticipated Costs and Benefits: EPA prepared a regulatory impact analysis for the final ozone NAAQS, and is preparing a cost analysis for this implementation rule. The benefits of the rule are those associated with attainment of the ozone NAAQS including significant improvements in premature mortality, chronic asthma, chronic and acute bronchitis, upper and lower respiratory symptoms, work days lost, decreased worker productivity, visibility in urban and suburban areas, and increases in yields of commercial forests currently exposed to elevated ozone levels. |
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Risks: The risks addressed by this action are the likelihood of experiencing increased health and environmental effects associated with nonattainment of the National Ambient Air Quality Standard for ozone. These effects are briefly described above in the "costs and benefits" section, and they were outlined in detail in the Regulatory Impact Analysis for the ozone NAAQS rulemaking. The results are summarized in the Federal Register notice for that rulemaking (62 FR 38856, July 18, 1997). |
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Timetable:
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Additional Information: SAN No. 4625 | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: Local, State, Tribal |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: Yes | |
Agency Contact: John Silvasi Environmental Protection Agency Air and Radiation C539-01, Research Triangle Park, NC 27711 Phone:919 541-5666 Fax:919 541-0824 Email: Silvasi.John@epamail.epa.gov Denise Gerth Environmental Protection Agency Air and Radiation C504-01, RTP, NC 27711 Phone:919 541-5550 Fax:919 541-0824 Email: Gerth.Denise@epamail.epa.gov |