[Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2487]
[[Page Unknown]]
[Federal Register: February 3, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 50
[FRL-4832-8]
Review of National Ambient Air Quality Standards for Ozone
AGENCY: U.S. Environmental Protection Agency (USEPA).
ACTION: Notice of review.
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SUMMARY: This notice announces the EPA's plans to review and revise the
Air Quality Criteria for Ozone and Other Photochemical Oxidants
(Criteria Document) as rapidly as possible and to complete review of
the national ambient air quality standards (NAAQS) for ozone (O3)
as soon as possible thereafter.
The Clean Air Act (Act) requires periodic review and, if
appropriate, revision of the NAAQS and of the air quality criteria on
which they are based. The EPA completed its last formal review of the
air quality criteria for O3 in 1989. Based on that review, the EPA
announced a final decision on March 9, 1993 not to revise the existing
O3 NAAQS.
Since early 1989, however, a substantial number of new studies on
the health and environmental effects of O3 have appeared in the
peer-reviewed literature. The EPA is moving as rapidly as possible to
review them, consistent with assuring a sound, scientifically-
supportable decision.
The review process includes: (1) Reviewing and revising the
Criteria Document; (2) reviewing the NAAQS through development of a
Staff Paper based on the revised Criteria Document; (3) external review
of Criteria Document and Staff Paper drafts by the Clean Air Scientific
Advisory Committee (CASAC) of the EPA's Science Advisory Board, an
independent panel of scientific experts, and by the public; and (4)
examining implementation ramifications of changes to the O3 NAAQS.
The EPA intends to adhere to strict schedules for external review of
Criteria Document and Staff Paper drafts consistent with a full
opportunity for thorough scientific and public review, and to deny any
requests for extensions of the public comment periods specified in this
notice.
During this NAAQS review, the EPA intends to continue implementing
programs designed to meet the current standards and the requirements of
the Clean Air Act Amendments of 1990 to ensure continued improvement in
air quality. The EPA is also examining options for implementing
alternative O3 NAAQS to ensure a smooth transition if a decision
is made to revise the existing NAAQS.
FOR FURTHER INFORMATION CONTACT: Dr. Karen Martin, Air Quality
Management Division (MD-12), U.S. Environmental Protection Agency,
Research Triangle Park, N.C. 27711, telephone (919) 541-5274.
SUPPLEMENTARY INFORMATION:
Background
Based on a Criteria Document issued by the Department of Health,
Education and Welfare in 1970, the EPA promulgated the first NAAQS for
photochemical oxidants under section 109 of the Act (36 FR 8186) in
1971. The primary and secondary NAAQS were both set at an hourly
average of 0.08 parts per million (ppm) total photochemical oxidants
not to be exceeded more than 1 hour per year.
In 1977, the EPA announced (42 FR 20493) the first review and
updating of the 1970 Criteria Document in accordance with section
109(d)(1) of the Act. The EPA published a Criteria Document in 1978.
Based on the revised Criteria Document and taking into account public
comments on revisions proposed to the primary and secondary NAAQS in
1978 (43 FR 16962), the EPA announced revisions to the 1971 standards
in 1979 (44 FR 8202). The primary standard was revised from 0.08 parts
per million (ppm) to 0.12 ppm; the secondary standard was set identical
to the primary standard; the chemical designation of the standards was
changed from photochemical oxidants to O3; and the form of the
standards was revised from a deterministic form to a statistical form,
which defines attainment of the standards as occurring when the
expected number of days per calendar year with maximum hourly average
concentrations greater than 0.12 ppm is equal to or less than one.
In 1982 (47 FR 11561), the EPA announced plans to revise the 1978
Criteria Document. In 1983, the EPA announced (48 FR 38009) that review
of primary and secondary standards for O3 had been initiated. The
EPA subsequently provided a number of opportunities for public review
and comment on drafts of the Criteria Document and associated Staff
Paper (Review of the National Ambient Air Quality Standards for Ozone:
Assessment of Scientific and Technical Information--Office of Air
Quality Planning and Standards Staff Paper). After reviewing the draft
Criteria Document in 1985 and 1986, the CASAC sent the Administrator a
``closure letter'' outlining key issues and recommendations and
indicating that it was satisfied with the final draft of the 1986
Criteria Document.
Following closure, a number of scientific articles and abstracts
were published or accepted for publication that appeared to be of
sufficient importance concerning potential health and welfare effects
of O3 to warrant preparation of a supplement to the Criteria
Document (Supplement). The CASAC, having already reviewed two drafts of
the Staff Paper in 1986 and 1987, concluded that sufficient new
information existed to recommend incorporation of relevant new
information into a third draft of the Staff Paper.
The CASAC held a public meeting in 1988 to review a draft
Supplement and the third draft Staff Paper. Major issues included: The
definition of adverse health effects of O3; the significance of
health studies suggesting that exercising individuals exposed for 6 to
8 hours to O3 levels at or below 0.12 ppm may experience lung
inflammation and transient decreases in pulmonary function; the
possibility that chronic irreversible effects may result from long-term
exposures to elevated levels of O3; and, the importance of
analyses indicating that agricultural crop damage may be better defined
by a cumulative seasonal average than by a 1-hour peak level of
O3. In its ``closure letter'' of 1989, the CASAC indicated that
the draft Supplement and draft Staff Paper ``provide an adequate
scientific basis for the EPA to retain or revise primary and secondary
standards for ozone.''
On October 22, 1991, the American Lung Association and other
plaintiffs filed suit under section 304 of the Act to compel the EPA to
complete its review of the criteria and standards for O3 under
section 109(d)(1) of the Act [American Lung Association v. Reilly, No.
91-cv-4114 (JRB) (E.D.N.Y.)]. The U.S. District Court for the Eastern
District of New York subsequently issued an order requiring the EPA to
sign a Federal Register notice announcing its proposed decision on
whether to revise the standards for O3 by August 1, 1992 and to
sign a Federal Register notice announcing its final decision by March
1, 1993.
On August 10, 1992 (57 FR 35542), the EPA published a proposed
decision under section 109(d)(1) that revisions to the existing primary
and secondary standards were not appropriate at that time. The notice
explained in some detail (see 57 FR 35546) that the proposed decision
would complete the EPA's review of information on health and welfare
effects of O3 assembled over a 7-year period and contained in the
1986 Criteria Document and the 1989 Supplement. The notice made clear
that the Administrator did not take into account more recent studies on
the health and welfare effects of O3 because these studies had not
been assessed in the 1986-1989 Criteria Document/Supplement, nor had
they collectively undergone the rigorous, integrative review process
(including CASAC review) required to incorporate them into a new
criteria document. The proposed decision, therefore, was based on an
evaluation of key studies published through early 1989 as contained in
the 1986-89 Criteria Document/Supplement, the 1989 Staff Paper
assessment of the most relevant information in these documents, and the
advice and recommendations of the CASAC as presented both in the
discussion of these documents at public meetings and in the CASAC's
1986 and 1989 ``closure letters.''
In view of the large number of recent scientific papers and ongoing
research on the health and welfare effects of O3, the August 10,
1992 notice also announced the EPA's intention to proceed as rapidly as
possible with the next review of the air quality criteria and standards
for O3. On March 9, 1993 (58 FR 13008) the EPA published its final
decision not to revise the current primary and secondary NAAQS for
O3. Because of the scientific and technical complexity of such
assessments, the EPA had estimated that 2 to 3 years would be necessary
to rigorously assess more than 1,000 new studies and incorporate key
information into a revised criteria document, to evaluate the
significance of the key information for decision-making purposes, to
develop staff recommendations for the Administrator, and to provide
appropriate opportunities for CASAC review and public comment. Given
the potential importance of the new studies and the EPA's continuing
concern about the health and welfare effects of O3, the March 9,
1993 notice also indicated the Administrator's intention to move the
review process ahead as quickly as possible and, if appropriate, to
propose revisions of the standards at the earliest possible date.
Current Review Process/Schedule
Following publication of the March 9, 1993 decision, the Agency, in
consultation with the CASAC and the Science Advisory Board, undertook a
rigorous examination of the NAAQS review process designed to identify
all measures that could be taken to accelerate its review of the
criteria and standards for O3 consistent with assuring a sound and
scientifically-credible decision. As a result, the EPA has adopted a
number of measures intended to accelerate the O3 NAAQS review.
These measures include: (1) Conducting review and revision of the
Criteria Document and development of the Staff Paper and associated
analyses (e.g., exposure analysis and health risk assessments) in a
more concurrent fashion than in the previous NAAQS reviews; (2)
adhering to strict schedules for external review of Criteria Document
and Staff Paper drafts consistent with a full opportunity for thorough
scientific and public review; (3) establishing a highly-expedited
Agency review process with senior level management oversight and
involvement throughout the process, as well as early discussion of
possible options with other Federal agencies, including the Office of
Management and Budget; and (4) reducing the volume of information
included in the revised Criteria Document by focusing on the most
important new studies and setting a date beyond which new studies will
not be included.
The EPA's current O3 NAAQS review schedule incorporates the
measures cited above. The Agency's target date for completion of the
Criteria Document and Staff Paper is mid-1995, with proposal of changes
to the O3 NAAQS, if appropriate, in mid-1996 and promulgation in
mid-1997. Table 1 outlines key milestone dates for this accelerated
schedule.
As indicated in Table 1, there are a number of opportunities for
public comment throughout the process. The EPA encourages involvement
of interested parties and is providing this advance notice to alert
potential participants in the review that adhering to the schedule will
require some departures from past practices.
Table 1
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Major milestones Tentative dates
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CASAC Subcommittee Meeting on December 1993.
Exposure Assessment Methods.
CASAC and Public Comment Period for February to May 1994.\1\
Criteria Document (CD) (90 days).
CASAC Subcommittee Meeting on Risk March 1994.
Assessment Methods.
CASAC Meeting on CD................ July 1994.
Comment Period on Staff Paper (SP) September to October 1994.
(60 days).
CASAC Meeting on SP................ October 1994.
Public Comment Period on Revised CD Early 1995.
and SP (90 days).
CASAC Meeting on Revised CD and SP. Mid-1995.
Agency Development of Regulatory Mid-1995 to late 1995.
Decision/Proposal Package Draft.
Office of Management and Budget Early 1996.
Review of Proposal Package.
Publication of Proposal in Federal Mid-1996.
Register.
Public Comment Period on Proposal Mid-1996.
(90 days).
CASAC Meeting to Review Proposal... Late 1996.
Regulatory Decisions and Final Early 1997.
Package Draft Completed.
Office of Management and Budget Early 1997 to mid-1997.
Review of Promulgation Package.
Publication of Promulgation Notice Mid-1997.
in Federal Register.
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\1\For a notice of availability of external review draft, see 59 FR
4278, January 31, 1994.
In particular, the EPA has often granted requests for extensions of
public comment periods in previous reviews; in order to meet the
accelerated schedule for the O3 NAAQS review, however, the EPA
intends not to grant such extensions during this review. Accordingly,
potential participants in the review should take note of the process
outlined in this notice and be prepared to respond promptly when
opportunities to comment are offered.
Given the scientific and technical complexity of the issues likely
to be involved in the O3 review, the diversity of scientific
opinion that has characterized previous reviews of the criteria and
standards for O3, and the need to ensure that its ultimate
decision is soundly based, the EPA cannot, of course, provide any
absolute assurance that it will meet all of the interim milestone dates
indicated in Table 1. Completion of the necessary steps in a timely
manner is also predicated upon the availability of adequate resources
during the review process. However, the Administrator has emphasized a
high priority on meeting the accelerated schedule outlined in this
notice.
To that end, the review process is well under way. The EPA
initiated action to update the air quality criteria for O3 in
August 1992 (57 FR 38832). It held two peer-review workshops on draft
health effects chapters of a revised Criteria Document (58 FR 35454) in
July 1993. Additional workshops on draft air quality and ecological
effects chapters (58 FR 48063) were held in September 1993. Since then,
the EPA has discussed the schedule and process outlined in this notice
with the CASAC (58 FR 59034). The EPA is also conducting exposure and
risk analyses. A subcommittee of the CASAC met on December 16, 1993 to
review methodologies (58 FR 63345). A further subcommittee meeting on
risk analysis is planned for spring 1994.
Implementation
It is important to stress that while conducting this review, the
EPA remains committed to implementing the existing O3 NAAQS in
accordance with the Clean Air Act Amendments of 1990 (CAAA). During the
review, the EPA will continue to work with States to implement emission
control strategies required by the CAAA to meet the existing O3
NAAQS. These efforts include State and Federal actions to reduce
emissions of volatile organic compounds and nitrogen oxides, which act
as precursors to O3 formation in the troposphere. The EPA will
make every effort to maintain implementation schedules consistent with
requirements of the CAAA to ensure continued improvement in air
quality.
As part of the review, the EPA is examining the ramifications of
any changes to the NAAQS on current implementation efforts. If
appropriate, new implementation rules and guidelines will be considered
for alternative NAAQS. The EPA also is reviewing options to ensure a
smooth transition for implementation of any new O3 NAAQS in the
event a decision is made to revise the current O3 NAAQS.
List of Subjects in 40 CFR Part 50
Environmental protection, Air pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides.
Dated: January 27, 1994.
Carol M. Browner,
Administrator.
[FR Doc. 94-2487 Filed 2-2-94; 8:45 am]
BILLING CODE 6560-50-P