{ "id": "IN10891", "type": "CRS Insight", "typeId": "INSIGHTS", "number": "IN10891", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 580542, "date": "2018-04-26", "retrieved": "2019-05-03T16:08:56.469100", "title": "White House Directs EPA to Review Air Quality Standards and Permitting Process", "summary": "A new White House memorandum directs the U.S. Environmental Protection Agency (EPA) to review and streamline Clean Air Act implementation. Its stated aims are to protect air quality \u201cwhile reducing unnecessary impediments to new manufacturing and business expansion.\u201d \nSince 2011, congressional actions on air quality issues have centered on EPA\u2019s regulatory authority, including EPA\u2019s 2015 revision to ozone air quality standards. Two recent bills\u2014H.R. 806 and S. 263\u2014would, among other things, delay designation of areas not meeting the ozone standards and extend EPA\u2019s review period for air quality standards from every five years to 10. \nThis Insight summarizes the memorandum\u2019s directives and discusses considerations for Congress.\nBackground\nThe Clean Air Act seeks to protect human health and the environment from air pollution. The provisions most relevant to the memorandum include those that establish health-based air quality standards, address interstate and international emissions transport, and restore visibility in national parks and wilderness areas. \nNotwithstanding the undisputed air quality progress since 1970, several challenges remain to reduce pollution in areas exceeding federal standards and to continue protection in areas meeting the standards. For example, the movement of air pollutants across state borders poses difficulties for states whose air quality is affected by emissions from upwind jurisdictions. Some states are concerned about emissions transported from other countries.\nMemorandum\u2019s Directives\nThe memorandum presents air quality management goals\u2014such as timely petition reviews\u2014but does not prescribe particular methods. This section summarizes the directives in the context of the statutory provisions.\nAir Quality Standards\nThe Clean Air Act establishes roles for federal and state agencies. EPA establishes minimum national air quality standards\u2014National Ambient Air Quality Standards (NAAQS)\u2014and is required to review them every five years. States adopt State Implementation Plans (SIPs) to ensure compliance with the standards. EPA reviews SIPs to ensure they meet statutory requirements. The act requires EPA, under certain conditions, to impose sanctions and to issue a Federal Implementation Plan (FIP) if a state fails to submit or implement an adequate SIP. \nThe White House memorandum directs EPA to review the multi-step process for setting and revising NAAQS\u2014in particular, to assess the transparency of the science reviews, develop guidance differentiating science and policy considerations, and seek Clean Air Scientific Advisory Committee advice regarding background pollution and potential adverse effects from NAAQS compliance strategies. The memorandum is silent on prior Administrations\u2019 reviews, which have considered the \u201ctimeliness, scientific integrity and transparency\u201d of the NAAQS review process. \nNAAQS Implementation and Permitting Programs\nThe memorandum directs EPA to review related \u201cexisting rules, guidance, memoranda, and other public documents,\u201d including preconstruction permit applications. It directs EPA to determine whether to revise or rescind any of these documents, consistent with the law, and to improve the timeliness of SIP and permit decisions. Some of the memorandum\u2019s timeline goals reiterate EPA\u2019s statutory deadlines (e.g., for SIP approvals and permit reviews). The memorandum\u2019s timeline goal for preconstruction permit issuance may be less relevant, however, given that states issue most of these permits. \nThe memorandum directs EPA to issue NAAQS implementation regulations and guidance concurrent with the NAAQS revisions. Historically, EPA has issued implementation regulations and guidance, in collaboration with states, subsequent to the NAAQS revisions.\nInternational Emissions and Exceptional Events\nThe act authorizes EPA to provide regulatory relief, under certain conditions, for air emissions deemed beyond the control of a state. For example, monitoring data from exceptional events\u2014unusual or naturally occurring events affecting air quality\u2014may be excluded from determinations of NAAQS compliance status (\u201cSection 319(b) petitions\u201d). EPA may also approve SIPs that demonstrate that an area would have met NAAQS if not for emissions from another country (\u201cSection 179B petitions\u201d). The memorandum directs EPA to ensure timely processing of these petitions; the statute does not specify deadlines for them. \nThe memorandum directs EPA to consider Section 179B petitions from any state\u2014not just those bordering Canada and Mexico\u2014and to consider whether emissions from Asia affect domestic air quality. EPA has previously considered international transport: The 2015 ozone rule discussed ozone precursor emissions that can contribute to \u201cbackground\u201d levels and described outreach to other countries, including China (p. 65443). While Section 179B does not limit the petitions to particular states, EPA\u2019s 2016 comment solicitation suggested that international ozone may have greatest influence in areas \u201cin the immediate vicinity of Mexico or Canada.\u201d \nThe memorandum\u2019s directives also address use of modeling data and, in the context of intrastate and regional emissions trading, development and implementation of offset policies in rural areas.\nRegional Haze\nThe White House memorandum directs EPA to review FIPs issued under the Regional Haze program, which limits pollution impairing visibility in certain national parks and wilderness areas, and to replace such FIPs with approvable SIPs. EPA previously announced plans to review a 2017 Regional Haze rule but has not specified whether it will address the memorandum\u2019s directives. \nIssues for Congressional Consideration\nThe effect of the President\u2019s memorandum is unclear, given that it does not specify changes EPA is to make. Separately, EPA has announced initiatives related to the memorandum\u2019s goals: EPA established an Ozone Cooperative Compliance Task Force, issued new guidance for preconstruction permitting, proposed new requirements for use of scientific studies in rulemaking, and plans to issue new exceptional events guidance.\nIssues for Congress may include \nThe effect of EPA\u2019s initiatives on federal-state partnerships, including how they would affect EPA\u2019s statutory obligation to set health-based air quality standards and oversee state implementation.\nWhether the act provides sufficient clarity about international pollution impacts on domestic air quality or if this determination should remain at EPA\u2019s discretion. It is unclear how EPA will define background emissions in future actions while it pursues its stated goal to maximize flexibility of Section 179B petitions and other regulatory relief tools.\nProposals to modify the statute based on reviews of the NAAQS process and other programs.", "type": "CRS Insight", "typeId": "INSIGHTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/IN10891", "sha1": "850a7840f176a643d6dd93735d69bccc67eed333", "filename": "files/20180426_IN10891_850a7840f176a643d6dd93735d69bccc67eed333.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/IN10891", "sha1": "006abcfa2be25de58a4e3f0798cf93d3cfa3ffe2", "filename": "files/20180426_IN10891_006abcfa2be25de58a4e3f0798cf93d3cfa3ffe2.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4750, "name": "Air Quality" } ] } ], "topics": [ "CRS Insights" ] }