Fact=20 Sheet: Final Clean Air Fine Particle Implementation Rule For = Implementation of=20 1997 PM_2.5 Standards

ACTION=20

On March 29, 2007, the Environmental Protection Agency (EPA) = issued a rule=20 defining requirements for state plans to clean the air in areas with = levels of=20 fine particle pollution that do not meet national air quality = standards. State=20 plans under this final rule, known as the Clean Air Fine Particle=20 Implementation Rule, are the next step toward improving air quality = for=20 millions of Americans.
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EPA first established air quality standards for fine particles=20 (PM_2.5 =96 particles 2.5 micrometers in diameter and = smaller) in=20 1997. After sufficient monitoring data was collected by state, local = and=20 tribal governments, EPA designated areas as =93attainment=94 or = =93nonattainment=94=20 for the PM_2.5 standards. These designations became = effective in=20 April 2005.
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Once an area is designated as nonattainment, the Clean Air Act = requires=20 the state to submit an implementation plan to EPA within three years. = For the=20 1997 fine particle standards, state plans are due in April 2008. A = Tribal area=20 designated as not attaining the standards may submit an implementation = plan.=20 If they elect not to do so, the law requires EPA to develop an = implementation=20 plan on their behalf.
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This final rule describes the Clean Air Act framework and = requirements=20 that state, local, and tribal governments must meet in developing = their=20 PM_2.5 implementation plans. An implementation plan includes = rules=20 and programs to reduce air pollutant emissions, and a demonstration = that the=20 area will meet the air quality standard within the time provided in = the=20 statute. The plan must include supporting technical analyses and any = adopted=20 state regulations as needed. State, local, and tribal plans must be = reviewed=20 and approved by EPA.
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States must meet the PM_2.5 standard by 2010. However, = in their=20 2008 implementation plans, states may propose an attainment date = extension for=20 up to five years. Those areas for which EPA approves an extension must = achieve=20 clean air as soon as possible, but no later than 2015.
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Key issues addressed in the rule:=20
- Reasonably available control measures (RACM) and = reasonably=20 available control technology (RACT) -- For each = nonattainment area,=20 the Clean Air Act requires the state to demonstrate that it has = adopted all=20 reasonably available control measures, considering economic and = technical=20 feasibility and other factors, that are needed to show that the area = will=20 attain the fine particle standards as expeditiously as practicable. = This=20 rule sets forth guidelines for making RACM and RACT determinations. = The rule=20 includes a presumption that for power plants subject to the Clean = Air=20 Interstate Rule (CAIR), compliance with CAIR would satisfy these=20 requirements for sulfur dioxide and nitrogen oxides (with certain=20 conditions).
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- Attainment demonstrations and modeling =96 This = final=20 rule provides guidance on the required elements of an attainment=20 demonstration, the recommended analytical process to follow to = identify the=20 most expeditious attainment date for an area, and guidance on air = quality=20 modeling.
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- Policies on PM_2.5 and precursors =96 = Five main=20 types of pollutants contribute to fine particle concentrations: = direct=20 PM_2.5 emissions; sulfur dioxide; nitrogen oxides; = ammonia; and=20 volatile organic compounds. However, the effect of reducing = emissions of=20 each of these pollutants varies by area, depending on the fine = particle=20 composition, emission levels, and other area-specific factors. For = this=20 reason, the final rule establishes the following policies for = evaluating and=20 controlling sources of these emissions:=20
  - PM_2.5 direct emissions (including organic carbon, = elemental=20 carbon and crustal material) must be evaluated for emission = reduction=20 measures in all nonattainment areas.
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  - Sulfur dioxide must be evaluated for emission reduction = measures in=20 all nonattainment areas.
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  - Nitrogen oxides (NOx) must be evaluated for emission reduction = measures in each area unless the state and EPA demonstrate that = NOx is not=20 a significant contributor to PM_2.5 concentrations in a = specific=20 area.
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  - Volatile organic compounds are not required to be evaluated = for=20 emission reduction measures in each area unless the state or EPA=20 demonstrates that VOCs significantly contribute to = PM_2.5=20 concentrations in a specific area.
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  - Ammonia is not required to be evaluated for emission reduction = measures in each area unless the state or EPA demonstrates that = ammonia=20 significantly contributes to PM_2.5 concentrations in a = specific=20 area.
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  - The final rule provides guidance on the types of analyses that = may be=20 included in a technical demonstration to reverse any of the = presumptive=20 precursor policies described above.
The Bush Administration=92s clean air strategy includes the = introduction of=20 ultra-low sulfur diesel fuel and clean diesel trucks and buses, the = Clean Air=20 Nonroad Diesel Rule to reduce pollution from nonroad diesel engines = and the=20 Clean Air Interstate Rule to reduce pollution from power plants in the = eastern=20 U.S. These federal programs will help all areas of the country meet = the=20 particle pollution standards.
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In September 2006, EPA issued revised national air quality = standards for=20 fine particle pollution. EPA significantly strengthened the previous = daily=20 fine particle standard from 65 micrograms of particles per cubic meter = to 35=20 micrograms of particles per cubic meter of air. This standard = increases=20 protection of the public from short-term exposure to fine particles. = The Clean=20 Air Fine Particle Implementation Rule does not specifically address=20 implementation of this recently revised standard.

BACKGROUND=20

Scientific studies have found an association between exposure to=20 particulate matter and significant health problems, including: = aggravated=20 asthma; chronic bronchitis; reduced lung function; irregular = heartbeat; heart=20 attack; and premature death in people with heart or lung = disease.
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Individuals particularly sensitive to fine particle exposure = include older=20 adults, people with heart and lung disease, and children.
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In July 1997, EPA promulgated the National Ambient Air Quality = Standards=20 for Fine Particles (PM-2.5). The annual standard is a level of 15 = micrograms=20 per cubic meter, based on the 3-year average of annual mean = PM_2.5=20 concentrations. The 24-hour standard is a level of 65 micrograms per = cubic=20 meter, based on the 3-year average of the 98th percentile of 24-hour=20 concentrations.
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A number of events delayed the implementation of the 1997 PM-2.5 = standard.=20
- EPA's 1997 standards were challenged by the American Trucking=20 Association, the U.S. Chamber of Commerce and other state and = business=20 groups.
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- In February 2001, the Supreme Court upheld EPA's authority under = the=20 Clean Air Act to set National Ambient Air Quality Standards that = protect the=20 American public from harmful effects of air pollution. The Supreme = Court=20 also sent the case back to the D.C. Circuit Court of Appeals to = resolve=20 several additional issues. In March 2002, the DC Circuit Court = rejected all=20 remaining legal challenges to EPA's 1997 ambient air quality = standards for=20 PM-2.5.
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- The Transportation Equity Act for the Twenty-first Century = revised the=20 deadline to publish nonattainment designations in order to provide=20 additional time to collect three years of air quality monitoring=20 data.
In April 2005, designations became effective for 39 metropolitan = areas not=20 attaining the 1997 fine particle standards. These areas include all or = part of=20 208 counties, with a population of 88 million.

FOR FURTHER INFORMATION=20

Interested parties can download the notice from EPA's web site on = the=20 Internet at: http://www.epa.gov/pm/.
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Today=92s action and other background information are also = available=20 electronically from http://www.regulations.gov/, = EPA=92s=20 electronic public docket and comment system, or in hard copy at = EPA=92s Air and=20 Radiation Docket and Information Center, Environmental Protection = Agency, Room=20 3334 Constitution Avenue, NW, Washington, D.C., (Docket ID No.=20 EPA-HQ-OAR-2003-0062). The Public Reading Room is open from 8:30 a.m. = to 4:30=20 p.m., Monday through Friday, excluding legal holidays. The telephone = number=20 for the Public Reading Room is (202) 566-1744, and the telephone = number for=20 the Air and Radiation Docket and Information Center is (202)=20 566-1742.
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This final rule does not include new source review (NSR) = requirements for=20 the PM_2.5 standards. These requirements will be addressed = in a=20 separate rulemaking. For more information, contact Raj Rao at (919) = 541-5344,=20 rao.raj@epa.gov.
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For additional information, visit the EPA=92s website at: http://www.epa.gov/pm/imple= ment.html=20 or contact the following individuals at the EPA=92s Office of Air = Quality=20 Planning and Standards: Rich Damberg (919) 541-5592, damberg.rich@epa.gov. =

Fact=20 Sheet: Final Clean Air Fine Particle Implementation Rule For = Implementation of=20 1997 PM2.5 Standards

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Fact=20 Sheet: Final Clean Air Fine Particle Implementation Rule For = Implementation of=20 1997 PM_2.5 Standards