Implementation of the 1997 EPA Air Quality Standards and the Federal Advisory Committee Act (FACA) Process

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FACT SHEET

July 17, 1997

IMPLEMENTATION OF NEW EPA AIR QUALITY STANDARDS AND THE FEDERAL ADVISORY COMMITTEE ACT (FACA) PROCESS

EPA's Requirements to Implement National Ambient Air Quality Standards

Under the Clean Air Act, EPA is required every five years to review and revise, as necessary, national ambient air quality standards (NAAQS) for six air pollutants -- ground-level ozone, carbon monoxide, particulate matter, sulfur dioxide, nitrogen dioxide, and lead.
If EPA determines that a change to a standard is necessary, the Agency may develop revised control strategies to implement the new standard. These could include, for example, setting new deadlines for meeting the standard and establishing new borders for areas in violation of the standard.
EPA has just reviewed and revised the national ambient air quality standards for ozone and particulate matter.
Recognizing the importance of the ozone and particulate matter standards, EPA solicited comments and advice early in the process, from a wide variety of stakeholders, about how best to establish and implement the standards.

How EPA is Using the FACA Process to Address Ozone, Particulate Matter, and Regional Haze Implementation

In addition to revising the NAAQS for ozone and particulate matter, EPA is proposing a regional haze program to address visibility impairment in Federal Class I areas (certain national parks and wilderness areas.)
While reviewing the NAAQS for ozone and particulate matter and developing the regional haze program, EPA believed it was important to obtain advice and recommendations for implementing these programs from people with a wide range of perspectives. As a result, EPA used the FACA process to establish the Subcommittee for Ozone, Particulate Matter and Regional Haze Implementation Programs under the Clean Air Act Advisory Committee in September 1995. These three issues are being examined together because of the likelihood that implementation strategies for the various programs could focus on the same or similar sources.
Under the Clean Air Act, EPA cannot take costs into consideration when revising a national ambient air quality standard. However, the Agency does take costs into consideration when developing strategies and programs to implement the new standards. EPA is using the federal advisory subcommittee to obtain advice from outside experts and affected parties on innovative, flexible, and cost-effective implementation strategies that integrate ozone, PM, and regional haze issues as appropriate.
Input from this Subcommittee has been vital to EPA's development of implementation strategies. Based upon its interactions with the Subcommittee, EPA intends to develop strategies that recognize the need for flexible, market-based systems, the need for positive incentives as opposed to command-and control requirements for emission reductions, and the need for control strategies that are composed of an appropriate mixture of national, regional and local measures. Interactions with the Subcommittee will also lead EPA to stress the need to continue, where it makes sense to do so, those existing control programs that have been responsible for progress toward achieving existing air quality standards.
The Subcommittee is composed of 82 members representing State and local agencies, tribes, business and industry, environmental groups, other Federal agencies, and scientific/academic institutions.
Reporting to the Subcommittee are 5 work groups: Science and Technical Support Group, Base Programs Analyses and Policies Group, National and Regional Strategies Group, Communication and Outreach Group, and a Coordination Group, which is responsible for assuring that the work of the other groups support overall project goals. Total membership of the Subcommittee and its 5 work groups is more than 175 participants. Each work group has two co-chairs - one is an EPA official and the other is a non-EPA representative selected from one of the sectors listed above.
Meetings have been held at least 4 times a year since September 1995, and are planned to continue through December 1997. The work groups hold biweekly conference calls and meet face-to-face as needed, normally in conjunction with Subcommittee meetings.

Background on FACA

The Federal Advisory Committee Act (FACA) was enacted in 1972 as a mechanism for the Federal Government to obtain advice and recommendations on proposed regulations from a balanced group of interested persons with a variety of talents, perspectives and professional qualifications.
Meetings of advisory committees and/or subcommittees formed under FACA are open to the public and announced in the Federal Register at least 15 days prior to the meeting.
Any member of the public may submit written statements to the committee, and may speak at committee meetings.
Using FACA, EPA established the Clean Air Act Advisory Committee in November 1990 to provide advice and counsel to the Assistant Administrator, Office of Air and Radiation on policy and technical issues associated with implementation of the Clean Air Act of 1990.
The Clean Air Act Advisory Committee and its various subcommittees have met several times over the past five years to help give EPA advice on a variety of national air quality issues.
The specific responsibilities of the Clean Air Act Advisory Committee include providing the Agency with advice on the following:
- Approaches for new and expanded programs.
- Potential health, environmental, and economic effects of programs required by the amendments and how the potential impacts will affect the public, regulated community and state and local governments.
- Policy and technical contents of proposed major EPA rulemaking and guidance.
- Integration of existing policies, regulations, standards, guidelines, and procedures into programs for implementing new requirements.
The following seven subcommittees have been established to date under the Clean Air Act Advisory Committee: (1) Mobile Source Technical Review Subcommittee, (2) Linking Transportation, Energy and Air Quality Concerns Subcommittee, (3) Economic Incentives and Regulatory Innovations Subcommittee, (4) Permits/New Source Review/Toxics Subcommittee, (5) Subcommittee for Ozone, Particulate Matter and Regional Haze Implementation Programs, (6) Climate Change Subcommittee, and (7) Accident Prevention Subcommittee. These subcommittees report to the full Committee.

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EPA's 1997 Decision on Ozone and Particulate Matter Standards