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EPA/AR

RIN: 2060-AJ99

Publication ID: Fall 2003

Title: Implementation Rule for 8-hour Ozone NAAQS
Abstract: This rule would provide specific requirements for State and local air pollution control agencies and tribes to prepare State implementation plans (SIPs) and Tribal Implementation Plans (TIPs) under the 8-hour national ambient air quality standard (NAAQS) for ozone, published by EPA on July 18, 1997. The Clean Air Act (CAA) 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 CAA 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 CAA and the Supreme Court's ruling. This rule would provide detailed provisions to address the CAA requirements for SIPs and TIPs and would thus affect States and Tribes. 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 CAA. Tribal lands that are not attaining the 8-hour ozone standard may be affected, and could voluntarily submit a 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: Final Rule Stage
Major: Yes	Unfunded Mandates: Private Sector
CFR Citation: 40 CFR 51 40 CFR 50 40 CFR 81
Legal Authority: 42 USC 7408 42 USC 7410 42 USC 7501 to 7511f 42 USC 7601(a)(1)

Legal Deadline: None

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.

Summary of the Legal Basis: Title I of the Clean Air Act.

Alternatives: This entry comprises the action the Agency plans to take to implement the 8-hour ozone NAAQS. The major alternatives facing the Agency is whether the 8-hour O3 NAAQS should be implemented under the less prescriptive part of the Clean Air Act (title I, part D, subpart 1) or the more prescriptive part of the Act (subpart 2). Another major set of alternatives concern the kind of transition EPA should make from implementation of the current 1-hour ozone standard to the new 8-hour ozone standard.

Anticipated Costs and Benefits: EPA prepared a regulatory impact analysis for the final ozone NAAQS, and has prepared a cost analysis for the proposed 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.

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).

Timetable:

Action	Date	FR Cite
NPRM	06/02/2003	68 FR 32802
Final Action	12/00/2003

Additional Information: SAN 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