March 18, 1996

Advance Notice of Proposed Rulemaking (ANPR) Outline

40 CFR Part 51

Implementation of Ozone and Particulate Matter (PM) National Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations

I.	Summary

II.	Dates and Information for Public Comments

III.	For Further Information Contact

IV.	Supplementary Information

A.	Table of Contents

I.	Summary

II.	Dates and Information for Public Comments

III.	For Further Information Contact

IV.	Supplementary Information

A.	Table of Contents

B.	Statement of Purpose and Objectives

C.	Discussion of Stages of Implementation

D.	Discussion of the Federal Advisory Committee Act (FACA) Process

E.	Scientific Support

F.	Expected Implications of the Proposed NAAQS on Implementation

G.	Timing of the Notices of Proposed Rulemaking (NPR) for Implementation Programs, Parts 51 and 58, Code of Federal Regulations

H.	Framing of Phase I Implementation Issues and 'Broad Brush' Options Under Potential New NAAQS

B.	Statement of Purpose and Objectives

1.	To publish in the Federal Register at the same time as the NAAQS proposal or before.

2.	To address ozone, PM, and regional haze issues.

3.	To insure momentum is maintained in the current implementation programs and that all current programs and efforts such as the Ozone Transport Assessment Group (OTAG) continue in order to protect public health and welfare.

4.	To provide the public with information on the FACA process initiated by EPA to address and recommend implementation programs to EPA thus raising public awareness and understanding of potential new implementation approaches which are associated with potential new proposed NAAQS.

5.	To discuss the timelines and phased approach necessitated by timing constraints.

6.	To generally frame key phase I and II future implementation issues for potential new NAAQS that the FACA subcommittee is addressing and describe broad-brush ranges of options balanced in such a way to support both the new proposed NAAQS and a future implementation program.

7.	To objectively discuss the issues and options.

8.	To provide an opportunity to obtain direct input from the general non-FACA public.

C.	Stages of Implementation Policy

1.	Introductory discussion: Designed to inform the public on implementation perspectives before, during, and after NAAQS promulgation, why EPA is giving advance notice on implementation.

a.	Pre-NAAQS proposal.

b.	Post-NAAQS proposal but pre-NAAQS promulgation and pre-implementation strategy proposal.

c.	Post-NAAQS promulgation but pre-final (phased) implementation strategy promulgation (or policy).

d.	Post-final implementation strategy promulgation (or policy) but pre-final SIP adoption and EPA approval.

2.	Discussion and reference to the Interim Implementation Transition Policy.

D.	Discussion of the FACA Process

1.	What is FACA.

2.	Purpose of FACA.

3.	Why the FACA approach.

4.	How FACA is anticipated to aid EPA in developing implementation programs for potential new NAAQS.

5.	Timelines and Schedules for FACA including the regulatory process.

E.	Scientific Support

1.	Atmospheric chemistry and diffusion - role and linkages of volatile organic compounds (VOC), nitrogen oxides (NOx), sulfur oxides (SOx), and ammonia (NH3) in generating ozone and PM-fine pollutants.

2.	Transport of precursors and pollutants.

3.	Preliminary results of monitoring, modeling and emissions analyses for the potential new NAAQS.

F.	Preliminary Implications of Potential New NAAQS on Future Implementation of Potential New NAAQS

1.	More monitors showing air quality in violation of the new NAAQS.

2.	Greater number of counties and broad geographic areas not meeting the new NAAQS compared to the current NAAQS as shown in preliminary air quality monitoring data and modeling analyses.

3.	Recognition and role of transport.

4.	Broad national/regional control programs and more precursor emission reductions needed to attain new NAAQS compared to current NAAQS.

G.	Information on Timing of the NPR for Implementation Programs, Parts 51 and 58, Code of Federal Regulations

1.	Description of how the FACA process is considering and developing its recommendations and the rationale for approaching the implementation strategy in two phases.

2.	Discussion of phased implementation timing relative to proposals and promulgation of Parts 50, 51, 53, and 58.

a.	Discussion of the expected output of Phase I leading to the framework of implementation.

b.	Discussion of the expected output of Phase II leading to the control strategies and the closing of other details of implementation.

H.	Framing of Phase I Implementation Issues and 'Broad Brush' Options Under Potential New NAAQS

1.	Issues below are the product of EPA thinking with input on the issues from the Base Programs Analyses and Policies Work Group and the Coordination Group. This list of issues is subject to change as the work groups and FACA process progresses.

2.	Options will be designed by EPA to stimulate public thinking and are not intended to indicate preference or represent any decisions.

3.	Issues and options are under FACA consideration. The presentation of these issues and options in the ANPR is primarily to obtain input from the non-FACA public.

4.	Introductory Discussion: Upon a proposal to revise current NAAQS or promulgate new NAAQS for ozone and particulate matter and regulations for regional haze, the following characterize the most important classes of implementation issues in priority order that should be considered.

The issues are divided into two phases of implementation development within the FACA process. The divisions are shown below.

a.	Phase I Issues (Options to be Prepared)

(1)	Designations for new NAAQS and regional haze planning areas

Introductory discussion: Areas are to be designated as attainment, nonattainment, or unclassifiable with respect to a new or revised NAAQS after promulgation of such new or revised NAAQS within 2-3 years depending on data availability. This requirement raises questions such as the following.

(a)	Should designated nonattainment areas be defined 1) to include the sources of pollutants and precursors to fine particulate matter (PM-fine), ozone and regional haze formation, 2) to link in some way to sites with NAAQS violations and responsible sources; and/or 3) to include sources and recognize transport within the boundaries of nonattainment and regional haze planning areas? How can this be accomplished?

(b)	Should there be differentiation between designated nonattainment areas where violations are occurring and the source areas contributing to the problem?

For example, areas where violations are occurring could be designated nonattainment, areas where sources are contributing to downwind nonattainment but are not experiencing violations could also be designated as nonattainment, and finally where violations are occurring and sources are contributing to the problem could be designated nonattainment.

Alternatively, only areas that are experiencing violations could be designated nonattainment and upwind source areas could be designated control strategy areas.

(c)	What information should be used as a basis for designating areas and establishing regional haze planning areas, e.g., monitoring data, modeling data, or other data?

(d)	If monitoring or modeling data are utilized, will adequate information be available within the time allowed?

(e)	To what extent, if any, should the boundaries of NAAQS nonattainment areas or NAAQS control strategy areas and regional haze planning areas coincide or should there be separate areas for ozone, PM, and regional haze?

(f)	How can incentives be created to monitor air quality in order to gain a better scientific understanding of the pollutants and disincentives be avoided when NAAQS violations are measured? How can incentives be created for private sectors to form monitoring partnerships with EPA and States?

(2)	Mechanisms to Address Regional Strategies

(a)	Should a framework for institutional mechanisms be identified and developed for facilitating development and implementation of strategies to reduce regional transport of ozone, PM-fine, and their precursors?

(b)	What attributes of existing multistate institutions have been successful or appear essential for developing and implementing a regional strategy? Can or should multistate institutions be developed using one or more existing institutions as a starting point?

(c)	When considering possible regional strategies, what limitations are imposed by state laws or other constraints?

(3)	Integration of NAAQS and Regional Haze Implementation Programs

(a)	When and where does it make sense to develop and implement integrated criteria and policies for local ozone, PM-fine and regional haze control programs? For regional control programs?

(b)	Where and when does it not make sense to develop and implement integrated local or regional ozone, PM-fine and regional haze control programs?

(4)	Regional Haze Program Definition

(a)	What is the status and future of the IMPROVE visibility monitoring network? Is it adequate and representative or does it need expansion and revision?

(b)	How should Reasonable Progress be defined and measured?

(c)	What is the functional relationship between requirements for Best Available Retrofit Technology (BART) and for Reasonable Progress? That is, how should requirements for BART be interpreted for regional haze in light of Reasonable Progress requirements?

(d)	What is the minimum content and scheduling of initial section 110 SIPs?

(5)	New source review (NSR)

(a)	What should be required of major new or modified sources that would contribute to violations of the new NAAQS or visibility impairment in Class I areas?

(b)	Do existing NSR requirements and new source performance standards need to be revisited under potential new NAAQS? For example, should NSR requirements reflect the potential for broad intra and interstate nonattainment areas, control areas, and regional haze planning areas that could result when addressing implementation under potential new NAAQS?

(6)	Dates for Potential New NAAQS and Regional Haze Programs

(a)	What dates or time frames should be established for attaining new NAAQS and measuring Reasonable Progress in a regional haze program?

b.	Phase II Issues

(1)	Classifications

(2)	Control Requirements

(3)	Economic Incentives

(4)	State Implementation Plan Requirements

(5)	Overall Control Program Integration

(6)	Measures of Progress

(7)	Institutional Process

IV.	Administrative Requirements