It may border on hyperbole to suggest that there were sighs of relief when US President Donald Trump signed his Apr. 12 memorandum of understanding that included reforming implementation of National Ambient Air Quality Standards under the Clean Air Act. Then again, it may not.
By mid-2017, it was apparent that many US localities had not finished implementing 2008 ground-level ozone emissions limits when more stringent requirements were imposed in 2015. The new 70 ppb level potentially would push national parks and other nonindustrial areas into federal nonattainment, triggering significant penalties, several groups warned.
Under the CAA, states with areas that do not meet revised NAAQS limits had to submit state implementation plans (SIP) to the US Environmental Protection Agency administrator showing how they would comply with the new requirements, Trump noted in his MOU. “As the NAAQS have become more stringent, obtaining the air permits needed to construct new manufacturing and industrial facilities or to expand or modernize existing facilities has become increasingly difficult,” he said.
EPA Administrator E. Scott Pruitt pledged to continue working with state, local, and tribal governments on Aug. 3, 2017, as the agency withdrew 1-year deferrals it issued for promulgating initial air designations under the 2015 NAAQS in response to a lawsuit by 16 states’ attorney generals. The US House of Representatives approved a bill giving states more time—nearly a month.
More steps were necessary, however. So, Trump issued the MOU, which requires Pruitt to take final action on submitted SIPs within 18 months as practicable and consistent with law. It also established a 1-year goal for the administrator to act on preconstruction permits and requires Pruitt to help states develop flexible offset policies in rural areas without industries to promote economic growth.
Proper implementation
“This memorandum helps ensure that EPA carries out its core mission, while reducing regulatory burdens for domestic manufacturing,” Pruitt responded. “International and background sources of air pollution are critical issues facing state, local, and tribal agencies implementing national standards. The president’s leadership will guide our agency’s continued commitment to properly implement the CAA.”
He added that EPA took final action on 350 SIPs of the more than 700 it had in March 2017. The agency plans to increase the number of areas that meet the 2015 NAAQS by 20%, simplify the New Source Review Process, and reduce by half the number of permit-related decisions that exceed 6 months by October 2019.
The American Fuel & Petrochemical Manufacturers applauded Trump’s action on Apr. 16 for “providing the flexibility necessary for effective, timely determinations, while ensuring that the highest levels of public health are maintained.”
