On July 18, 1997, EPA promulgated a new 8-hour National Ambient Air Quality Standard ("NAAQS") for ozone. This occurred ten days after the Ozone Transport Assessment Group submitted its recommendations to EPA regarding means to deal with ozone transport and other impediments to attainment of the existing 1-hour NAAQS. Initial assessments indicated that the new standard would increase the number of counties in nonattainment from 106 to 280. Because of significant scientific, and, more importantly, political opposition to the new NAAQS, EPA, at the direction of President Clinton, simultaneously published an "implementation strategy" designed to soften the impact and burden of the new standard. While many of these strategies are indeed salutary, some involve manipulating programs designed for attainment of the 1-hour standard in order to predict that they will provide for attainment of the 8-hour standard, and others rely upon interpretations of the Clean Air Act which some describe as tortured. The two fundamental strategies are the establishment of a new area designation, the "transitional" area, and a heavy reliance on so-called regional strategies to reduce long-range transport of oxides of nitrogen. Further reductions in VOC emissions will likely not be necessary, or sought, except to reduce local ozone concentrations in serious and severe areas. The agency is also proposing a fundamental change to new source review in "transitional" nonattainment areas. Nevertheless, an area's attainment status under the 1-hour standard is critical because EPA intends to retain rate of progress requirements, "bump-up" activities, and requirements for additional control measures in serious and severe areas. This paper will review the new 8-hour standard and analyze in detail the implementation strategy as it affects areas which have attained the 1-hour standard and those which have not. Where appropriate, we will highlight the debate over the legality of certain actions. The paper will also examine the recommendations of OT AG, EP A's proposed implementation of the OTAG work and NO, transport, and what impact EPA's implementation strategy will likely have on the metals industry.
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