8-hr Ozone NAAQS Implementation

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8-hr Ozone NAAQS Implementation

• Presentation to Small Business Organizations
  National Conference
• July 2, 2002

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(No Transcript)
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What is the New 8-Hour Ozone NAAQS?
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• FORM OF O3 NAAQS

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Form of Standard
1-hr NAAQS
8-hr NAAQS
Avg time
1-hour
8-hour
Level
0.12 ppm
0.08 ppm
Form
exceedance-based
concentration-based
Air Quality Indicator
daily max 1-hr conc within day
daily max 8-hr conc starting within day
NAAQS Statistic
annual estimated exceedances
annual 4th high 8-hr daily max conc
Rounding
0.125 ppm--smallest number greater than the 0.12
ppm NAAQS level
0.085 ppm--smallest number greater than 0.08 ppm
NAAQS level
Compliance period
three consecutive years
three consecutive years
Attainment Test
avg expected exceed'c rate lt 1.0
avg annual 4th high daily max 8-hour conc lt 0.08
ppm
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BACKGROUND

• EPA revised ozone standard July 1997 added 8-hr
  standard indicated phase-out of 1-hr standard
  eventually.
• Initially announced implementation of 8-hr
  standard under less prescriptive subpart 1"
  requirements of Clean Air Act, rather than the
  more prescriptive subpart 2" requirements.
• Sued by a number of litigants in U.S. Court of
  Appeals for DC Circuit over the standard itself
  and EPAs implementation approach.
• In May 1999, Court ruled CAA contained an
  unconstitutional delegation of authority to EPA
  and also ruled EPAs implementation approach
  under subpart 1 was improper.
• EPA appealed to the Supreme Court.

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More from the Court decision

• In February 2001, Supreme Court upheld
  constitutionality of the standard-setting process
  in the CAA, but ruled that EPAs implementation
  approach was unlawful and that EPA could not
  ignore subpart 2 when implementing the 8-hr
  standard.
• Supreme Court recognized gaps in the subpart 2
  scheme, however, and left it to EPA to develop a
  reasonable resolution of the roles of subparts 1
  and 2 in implementing a revised ozone standard.
• Court said It may well be ... that some
  provisions of Subpart 2 are ill fitted to
  implementation of the revised standard.

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• Currently revising options for addressing
  Supreme Court ruling and for other implementation
  issues.
• Taking input from stakeholders and the public
  at large from public meetings written comments.
  

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what areas of the country exceed the 8-hr
standards?
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PRINCIPLES GUIDING EPA WHEN DEVELOPING
IMPLEMENTATION APPROACH

• Provide incentives for expeditious attainment
  of 8-hour standard avoid incentives for delay
  to protect public health.
• Provide reasonable attainment deadlines.
• Have a basic, straightforward structure that
  can be communicated easily.
• Consistent with CAA and Supreme Court decision,
  provide flexibility to states and EPA on
  implementation approaches and control measures
• Emphasize national and regional measures to
  help areas come into attainment and, where
  possible, reduce the need for more expensive
  local controls.
• Provide a smooth transition from 1-hr O3 NAAQS
  to 8-hr O3 NAAQS implementation

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• Propose rulemaking on the implementation
  approach in summer of 2002 finalize the rule in
  mid-2003.
• During 2003 . ask State/Tribes to update
  recommended designations promulgate air quality
  designations in mid-2004.
• State implementation plans (SIPs) . likely be
  due in the 2007 and 2008 time frame, with
  attainment dates ranging from 2007 to 2019 or
  longer.
• No plans to issue final designations of
  nonattainment areas until EPA issues a final
  implementation strategy for the standard.

SCHEDULE
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Potential Schedule for Implementing the 8-Hour
Ozone NAAQS and Related Actions
Under Subpart 1
Under Subpart 2
Action
2003
Same
Final rule on implementation of 8-hour ozone NAAQS
2004
Same
Designation of 8-hour nonattainment
areas Reinstate the NOx SIP call with respect to
the 8-hour ozone NAAQS
Complete new modeling for additional "coarse
grid" states. Make additional SIP calls as
results dictate.
2005
Same
2007
8-hour ozone NAAQS SIP attainment demonstration
submission date
2007/2008
Compliance with full NOx SIP call budgets for 19
States (assumes EGU at 0.15 lbs/mm BTU) EGU
compliance for any "newly added coarse grid"
States
2007-2008
Same
Assess impact of reductions from NOx SIP Call
Same
2007
Part D/Subpart 2 attainment date - marginal areas
(3 years after designation)
2007
Part D/Subpart 1 default attainment date
2009
Part D/Subpart 2 attainment date - moderate areas
(6 years after designation)
2010
Part D/Subpart 2 attainment date - serious areas
(9 years after designation)
2013
Potential 5-year attainment date extension,
2014
Part D/Subpart 2 attainment date - severe areas
(15-17 years after designation)
2019-2021
Two, 1-year extensions are possible.
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Where We Are

• Assessing comments from the public meetings
  written comments
• Revising some options, considering new ones
• Starting to develop FR proposed rule
  noticeplanning to propose several alternative
  approaches

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Information on the Web including comments
received .
http//www.epa.gov/ttn/rto/ozonetech/o3imp8hr/o3im
p8hr.htm