450R90102 iyyu Report to the Deputy Administrator Clean Air Act Implementation Task Force July, 1990 ;. Doarbcrn 5^- oi.aca.go.,, i]L 60604 ------- CONTENTS Paoe Executive Summary — ——— — — —— ii Introduction Purpose, Objectives, Methodology——————— 1 Current Agency Regulatory Development Experience-— 3 -process flow charts/statistics——————— 4 -problems/concerns——————————— 5 Task Force Conclusions and Recommendations — 7 -Preparation Responsibilities—— — 7 -Fundamental Principles 8 -Steering Committee Role———————— 10 -Specific Process Options and Criteria— 11 -Streamlined Method——————— 11 -Core Workgroup — 12 -Accelerated Agency Workgroup ——— 12 -Deputy Administrator Oversight 12 -General Streamlining Methods 13 Remaining issues————-————— ———- 14 Recommendations————————————— ie Appendix A—Expected CAA Requirements Appendix B—Specific Procedures for Processes Appendix C—Expanded Start Action Request Form Appendix D—Task Force Composition ------- 1. I EXECUTIVE SUMMARY Why the Concern? -Volume of regulations and tight statutory deadlines -Current Agency regulatory experience averages 37 months for rule development -Need to neet statutory requirements and still satisfy Agency needs Fundamental Conclusions -Different approaches for different categories of rules- There will be different procedural guidelines for different categories of rules to ensure that participation and timeliness are adequately balanced. -Decisions and action-forcing mechanisms—Unresolved issues will be raised for resolution quickly and will not linger in the workgroup until consensus is reached. -Need for strict oversight—Senior management will be involved in the oversight of these regulations through reports and meetings to ensure that milestones are met and issues are resolved. -Presumptive deadlines—These regulations will have very strict deadlines for development and review. OAR will go forward with regulation at the date stated. f -Culture change in Agency—A culture change within EPA stressing quick resolution of issues, and a changing relatinship between offices where input is based on office interest not opinion and fail to comment will be considered concurrence. Specific Process Option Recommendations and Criteria -The Task Force recognized that not all rules need the same amount of time for review. The reasons for these different types of review include: timeframe for rule, cross Agency interest, and amount of latitude provided by statute -The four methods developed by the Task Force are: -Streamlined Method—OAR develops draft rule and circulates around the Agency for comment, but not concurrence, before proceeding to next step. ii ------- -Core Workgroup—OAR develops regulation with limited workgroup and only the AAships participating in the workgroup get concurrence rights. -Accelerated Agency Workgroup—OAR develops regulations with more inclusive workgroup since rule nay have large cross nedia concerns. -Deputy Adainistrator Oversight—Deputy Administrator has quarterly meetings on the regulations to provide guidance and ensure timeliness. This process will only be used for a few select regulations with tight deadlines and large cross media impacts. Other Basic Changes -Expanded Start Action Requests (SAR) will replace Development Plans. SARs may be grouped for rules with common elements. -More oversight of workgroup members including rewards and incentives. -Use workgroup closure as final Agency sign-off -OAR will provide preliminary lists and briefings on CAA regulations to program offices to help identify priorities. -Steering Committee will act as an issue resolution and elevation body and also provide oversight of rule and link to the AAs. -Facilitators—OAR should use procedural experts in the development of the rule to relieve the workgroup chairs of this duty where possible. Remaining Issues -Uncontrollable time—The amount of time outside of the Agency's control (e.g. public comment period). -Regulatory Negotiation as a possible option to the other recommended methods for select rules -Resources and Staffing—Insufficient planning or amount of resources both within OAR and the rest of the Agency (e.g. OGC and OPPE) nay cause problems for timely rule development. iii ------- -Use of the Streamlined Method on aore complicated and controversial regulations. -State involvement in the CAA process has been accomplished through the different workgroups set up by CAA Title and through their associations. iv ------- INTRODUCTION Purpose/Objectives The new Clean Air Act Amendments will require a large number of separate regulations, guidelines, and reports that the Agency will need to develop and promulgate in a timely fashion. In addition to the tine and resource problems associated with issuing a large number of regulations, the Clean Air Act is a major piece of legislation which will affect every major industry in the United States. The rules that EPA promulgates will have potential impacts for all other Agency programs. It is therefore important to take into consideration cross-Agency impacts and participation in their development. Consequently, the task force was asked to identify the main rulemaking and guidance tasks needed to carry out the Act, to identify barriers within the Agency that may prevent EPA from meeting the statutory mandates, and develop recommendations on how the Agency can work together to overcome these barriers. This report presents the results of the Task Force efforts. Methodology OAR and OPPE co-chaired the Task Force. The full Task Force met three times. The first meeting was mostly devoted to explaining the nature and extent of the problem to the Task Force.. The Office of Air and Radiation (OAR) provided an overview of the five titles of the Clean Air Act Amendments and what regulations would be required from each title. The Regulatory Management Division (RMD), within OPPE, then provided information on the Agency's current regulatory procedures, typical lengths of time associated with each step, and Agency statistics on rulemaking time. The Task Force discussed certain barriers that can cause regulatory delay based on RMD's Procedures Evaluation Project (PEP)1. At the initial meeting, workgroups were set up to discuss and provide recommendations on major areas of concern about the regulatory process: roles and responsibilities of the workgroup chairs and members; decision making and issue resolution; and the structure of the regulatory process. 1 The Procedures Evaluation Project studied and continues to study EPA's internal regulatory procedures and also those associated with other Federal and State agencies. ------- During the second meeting of the full task force, the three workgroups presented their findings and recommendations. Certain issues and recommendations were raised repeatedly by each workgroup. These were: -Different regulatory processes would be appropriate for different types of regulations (much in the same way the HSWA regulations were developed). -Rapid elevation and resolution of issues and a •echanism to ensure that this occurs are necessities if the Agency is to meet CAA deadlines. -Senior level management attention and commitment to these regulations is needed to help facilitate timeliness and issue resolution, especially on short deadline rules. Given these issues, another workgroup (consisting of members of the earlier groups) was formed to develop a "strawman" that would address these concerns and ultimately to draft the Task Force recommendations offered to the Deputy Administrator. The final meeting of the Task Force discussed the recommendations and concerns. There was general agreement within the Task Force on the recommendations presented. ------- Current Process The flow chart below displays the steps required in the Agency's regulatory process for a major rule, and an idea of the amount of tine associated with each step. It is interesting and important to note that there are periods of time that are relatively uncontrollable during rule development, such as the public comment period and OMB review, in addition, most rule development time does not occur during review but during the initial stages of development and the time following the comment period. OVERVIEW OF THE REGULATION DEVELOPMENT PROCESS FOR MAJOR RULES (AGENCY EXPERIENCE) ------- Statistics Statistics provide some interesting insights into the rule development process in EPA. First, in general, the amount of tine from start to proposal averages almost the same as from proposal to promulgation. Second, it is evident that the process can be made to work expeditiously as evidenced by the fact that 25% of the regulations vere completed in 16 months or less. The following provides some statistics on the time required for EPA regulations. TABLE 1 Time Taken for Various Parts off EPA Regulation Development Pr Start Action Request to Proposal Mean 19 months Median 14 months Range 1 to 88 months 25% of rules took less than 5.5 months 25% took over 21 months 50% took between 5.5 and 21 months Proposal to Promulgation Mean 17 months Median 14 months Range 2 to 71 months 25% of rules took less than 8.5 months 25% took over 25 months 50% took between 8.5 and 25 months itart Action Request to Promulgation Mean 37 months Median 29 months Range 6 to 112 months 25% of rules took less than 16 months 25% took over 50 months 50% took between 16 and 50 months ------- Problems and Concerns in Regulatory Development The Task Force as veil as the recent PEP study identified probleas and reasons for EPA rulemaking delay in four general categories: workgroup operations, management level concerns, procedural delays, and external forces. 1. Workgroup Operations o Attempting to reach consensus in the workgroup instead of elevating issue to nanageaent. Work- group chairs often view raising an issue to management as a failure. o Workgroup members not representing office because: -Member pursues personal interests or is out of touch with his or her office -Management not focusing on rules until late in the process o Loss of momentum—After a proposal, the workgroup waits for public comments and may be assigned to other projects. The priority of the first rule say diminish. o Workgroup members may be slow in responding to the Chair with input on a rule. o Large workgroups are difficult to manage (e.g. "too many cooks...") and some members nay be unnecessary. o Failure to share information among the workgroup could cause delays when the information finally becomes available and members need to analyze it. o Inadequate workgroup leadership o Lack of workgroup experience o Difficult to get on AA calendar for briefing "2. Management Level Concerns o Management not providing clear direction to the workgroup chair and members o Initial priority setting not done by lead office management or numerous shifts of priorities as new issues arise. o Managers not focusing on the regulation until the final step (i.e. Red Border) and raising issues late in the process. o Management not designating effective workgroup representatives or not making workgroup participation a priority. ------- o Putting wrong person on the workgroup o Lack of explicit objectives for workgroup participation; What is the role of the workgroup member?) 3. Procedural Delays o Number of concurrence points o OMB—Often extends their review period. o Late hits—Workgroup offices bringing up issues late in the process. o Redrafting time caused by comments and changes to existing packages o Assessing late information o Problems caused by redrafting and addressing one office's concerns 4. External Forces o Inadequate resources—Offices which must participate in all rules can cause backlog, e.g. OGC. o Substantive public comments o Other projects competing for time and attention o Information/Data Collection o Turnover o Court actions o Congress—Keeping them informed, providing information, briefings, etc. ------- TASK FORCE CONCLUSIONS AND RECOMMENDATIONS The Task Force's review and analysis resulted in the development of conclusions and recommendations in five major areas: preparation responsibilities, fundamental principles, Steering Committee role, the use of specific processes for different rules, and general streamlining. Preparation Responsibilities There are a variety of actions that should be taken in preparation for the passage of the CAA to facilitate regulatory development. The Task Force recommends that these actions be started now to prepare the Agency for the large influx of rules into the system. 1. OAR should develop and circulate to AAs descriptions of anticipated CAA amendment regulations. To aid in priority setting, OAR should try to present as many rules as possible up front. They should make enough information available so that EPA offices can determine how the regulation may affect their program or their interests. This can be done with an expanded SAR* that includes: cross media implications, enforcement concerns, schedule, and who OAR expects to participate. Other EPA offices can also ask OAR for a more in-depth briefings if necessary. 2. The Steering Committee should determine initially which specific process each CAA regulation will undergo (see sections on the role of the Steering Committee and on specific recommended rule development processes). 3. EPA program offices should determine and identify to OAR their priority rules. 4. OAR workgroup chairs should go through the OPPE workgroup chair training to sharpen their workgroup management skills. 5. ' OAR should identify all data needs as early as possible. 6. OPPE should provide training or briefings for OAR staff on bow best to deal with process concerns (Regulatory Facilitators). 'See Appendix C for a copy of the expanded SAR. 7 ------- Fundamental Principles These principles stress the importance of rapid elevation of issues, workgroup operations, and oversight that will govern all of the CAA regulations. Adhering to these principles should help the Agency to develop these regulations within the statutory deadlines. The systems used for the development of the CAA regulations oust keep items moving through the process with self- enforcing deadlines (i.e., if an office does not respond, OAR will continue to the next step). In some cases, it may be necessary to include the Deputy Administrator to ensure that tight schedules can be met (e.g., when issues cannot be resolved at a lower level). 1. OAR should raise unresolved issues quickly to the appropriate level (i.e., they should not linger in the workgroup). 2. The issue resolution hierarchy should be workgroup to Steering Committee, Steering Committee to AAs, and AAs to Deputy Administrator. If an issue is raised that cannot be resolved at the workgroup level, the workgroup chair schedules the issue for resolution at the next Steering Committee meeting. Ths may encourage management to resolve the issue before the scheduled meeting; if not, the Steering Committee discusses and, if possible, resolves the issue. If still unresolved, a meeting of the affected AAs is immediately scheduled with the AA/OAR. If the issue is not resolved before or during the AA's meeting, a meeting is scheduled with the Deputy Administrator to resolve the issue. 3. When issues are raised to the Steering Committee, they should be dealt with by resolution or further elevation at that meeting (Steering Committee representatives must come prepared to resolve issues or recommend elevation). 4. OAR should document resolved issues. Once issues are • resolved, they should not be raised again unless new information dictates a change. 5. Workgroup members should represent their offices and base their positions on how issues affect their offices, not on personal opinions or private agenda. 8 ------- 6. OAR should provide the Deputy Administrator, Agency AAs, and Steering Committee representatives with a monthly report of CAA activities. This report should include milestones, schedule slippages, and unresolved issues. OAR also should brief the DA once a month on the status of regulations. This briefing should include issues on which OAR needs decisions. All AAs are encouraged to attend these meetings. 7. In all cases, OAR should be responsible for the regulations, the decisions made, and keeping the rule on schedule. If other program offices think that OAR is not proceeding adequately, they should raise their concerns to the AA/OAR and/or the DA. This will stop the regulation and is analogous to the "emergency brake" on a train. It should only be used in extreme circumstances. 8. The "emergency brake" should be used in situations where other offices believe that OAR is proceeding in a direction that is counter to the policy of the Agency or a specific program. The AA of the affected office would pull the brake cord by contacting the Deputy Administrator and thus stop the rulemaking. The Deputy Administrator would then determine which way the rule should go. The emergency brake should only be pulled for serious unresolved issues and cot for minor comments. It is pulled when necessary, an action not taken lightly. 9. Currently the Agency develops many regulations by consensus using workgroups. This may be time consuming as discussions, compromises and deals are made between different offices. The Agency will have strict deadlines for enacting CAA regulations, therefore, it will be necessary to enforce discipline in the decision making, process. OAR will expect timely responses. In the past, lack of response has often caused delays while lead offices extended deadlines for non- .. respondents. This practice oust stop. It is the ; responsibility of a reviewing office to make its • concerns known in a timely Banner. If OAR hears nothing by the time of a deadline, it will assume concurrence and move on. 10. The 12th floor special assistant should attend all Steering Committee discussions of CAA issues. ------- Steering Committee Role The Task Force recommends that the role of the Steering Committee should be enhanced to better facilitate the development of the CAA regulations within statutory deadlines. 1. Steering Committee representatives must be delegated the authority to speak for, and commit their offices on most CAA matters. OAR will consider any non-responses as concurrences. It is assumed that the Steering Committee representative will have access to senior management in their AAship. 2. OAR must use the Steering Committee for issue resolution/elevation. 3. Steering Committee representatives must meet with the workgroup members and senior management in their AAships on a regular basis to facilitate issue resolution. 4. The Steering Committee should have three major roles: -Ratify the specific regulatory development process and workgroup membership (using OAR suggestion) for each rule. -Ensure adequate workgroup participation by providing access and support to workgroup members so that they can resolve issues. -Resolve workgroup issues or raise them to the appropriate level for resolution. 5. The Steering Committee should determine the appropriate process that OAR will use for each regulation (based on OAR suggestions). OAR must provide enough information in its expanded SAR so that the Steering Committee can determine a rule classification. The Deputy •" Administrator should resolve any differences of opinion on classification between OAR and the Steering Committee. 6. To allow for quick resolution or elevation of CAA issues, the Steering Committee should either meet every week, rather than bi-weekly, or a separate CAA Steering Committee should be set up to meet on alternate weeks. In the first case, time will be set aside during each meeting to address CAA issues. 10 ------- Specific Process Options and Criteria The Agency can and should treat different types of regulations differently. Regulations need to be assigned an appropriate regulatory development process based on specific criteria. OAR should recommend the specific process fox- each regulation required under the new CAA to the Steering Committee for approval. Any differences of opinion between OAR and the Steering Committee on classification should go to the DA for final resolution immediately. There are some classes of actions, such as Reports to Congress and some guidances, which do not require intra-Agency review. The process changes discussed here will not affect these actions. The criteria used to determine which process to apply to a regulation include: o Schedule or Statutory Deadline o Degree of Cross Agency Interest o Amount of Regulatory Discretion Allowed by Statute Based on these criteria, each regulation would be developed under one of four processes: the Streamlined Method, the Core Workgroup, the Accelerated Agency Workgroup, or Deputy Administrator Oversight. These are summarized below; and Appendix B contains a description of the actual steps for each process. 1. The Streamlined Method The Agency should use this method when there are no or very few cross agency concerns or when the statute dictates the specifics of the regulation (e.g. the tailpipe emission standards). With this method, OAR will not convene a formal workgroup, but will obtain the agency expertise (technical, legal, etc.) it needs to develop the regulation. The Steering Committee :- would be the forum for another office to request •' involvement. There would be no concurrence process, but OAR would circulate drafts to the AAs for comment before continuing on to OMB review. OAR would prepare a memo explaining the changes Bade in response to Agency comments, and an explanation of comments not accepted. It would be up to other program offices to raise any major disagreements they have with OAR to the AA/OAR who would then either resolve the differences or schedule a meeting with the DA for final resolution. This process would be repeated for final promulgation. 11 ------- 2. Core Workgroup Method The Agency should use this process when there are few cross media concerns so that only a limited number of offices have an interest (e.g. Onboard Diagnostic systems). This process would formalize the workgroup, but would limit participation in the core workgroup to directly affected offices. Other offices can be part of an information group that would receive packages. We should anticipate OPPE, OGC, ORD, OECM, and a lead region participation at a minimum, but any of these can choose to opt out if they do not have an interest. This process would accelerate the regulatory development process by reducing the size of the workgroup, thereby Baking it function more smoothly, and limiting concurrence to those offices with a demonstrated interest in the rule. 3. Accelerated Aoencv Workgroup Method The Agency should use this process for those regulations that have major cross-media implications or interests and/or less stringent timeframes (mobile sources, air toxics). This process would provide the same mechanisms as the Core Workgroup Method to expedite development and facilitate issue resolution. Regulatory Scoping meetings and/or Decision Meetings might be necessary for a select number of these regulations given the cross media implications and the need for senior management guidance. 4. Deputy Administrator Oversight Method The Agency should use this process for major rules with large Cross media concerns and very tight deadlines (e.g. Permit Program). The major feature of this process is that the DA would have regularly scheduled AA level meetings (every three months) for these rules to make decisions, give guidance, and enforce : schedules. The first meeting would initiate the regulation, provide initial advice, develop procedural guidelines such as schedule development and determine the number of DA level meetings, and designate next steps. An agency workgroup (set up by the Steering Committee) would develop the details of the regulations with the guidance provided by the 12th floor. 12 ------- General Streamlining Regardless of the processes used in the development of the CAA regulations, there are several general streamlining actions that the Agency can take. 1. Use Regulatory Facilitators' on major/complicated rules to help guide the rule through the procedural steps of the process. 2. Group SARs with common elements to decrease some of the paperwork and take advantage of regulations with common elements. 3. Eliminate routine Steering Committee information briefings that do not require the Committee to take some type of action (e.g. resolve or elevate an issue). 4. Expedite 12th Floor signature by getting a commitment that the document will be turned around within a week unless there are major concerns. 5. Limit public comment period to the extent allowable by law. Limit the number of extensions, and limit public hearings. The Federal Register notice needs to make clear that EPA will not grant extensions to the comment period except in the most extreme circumstances. 6. Eliminate Red Border review. Final Agency sign-off will occur at Workgroup Closure unless problems occur at the closure meeting which dictate that a short Red Border review may be necessary. 7. Use different lead Regions for different rules by having the Regions assign rules to different sub-lead regions. This will help to distribute some of the lead Region workload. 8. Maintain strict oversight by the Steering Committee, OAR, and the 12th Floor through reports and meetings to -" assure that rules stay on schedules. * A Regulatory Facilitator would be part of the workgroup to help the workgroup chair with the procedural concerns such as: determining when issues need to be elevated; whether an Information Collection Request is necessary; or getting better workgroup representation. 13 ------- REMAINING ISSUES There are issues remaining that the Task Force has discussed but not resolved. These are presented below so that the Deputy Administrator may consider them as part of the context of the Task Force's recommendations. Use of the Streamlined Method A suggestion was made to use the Streamlined Method of rule development for come rules with large cross media implications (e.g. the Permit Program rule). The argument is that OAR will be more likely to meet its statutory deadline using this method. Other program offices (OPPE, ORD) stated some concern with this approach. Workgroup Closure vs. Red Border The Task Force agreed that having both Workgroup Closure and Red Border is redundant and unnecessary. A majority of the Task Force (and OAR in particular) favored using Workgroup Closure as the final sign-off because it will be quicker. OAR agreed to distribute memos announcing that these closures will be the final sign-off. Some members of the Task Force felt that the AA level Red Border signature was important and was a sure way to get management to focus on the rule. Another way to address this issue is to make rule specific decisions on whether Red Border is necessary. For example, if there are no issues at closure, then a Red Border is not necessary. If program offices need to see specific language before final sign-off then a short Red Border can be set up. Uncontrollable Time There is a substantial amount of time that is relatively uncontrollable in the regulatory development system (e.g., public comment period, 0KB review, etc.). This can account for up to six months of time, leaving six months for rule development on some CAA regulations. One item that may need to be discussed is the possibility for concurrent OMB review to alleviate some of these time constraints. 4i- Development Time Rules require differing amounts of time for data collection, analysis, comment evaluation, etc. The time needed for these important steps in rule development vary tremendously. This needs to be taken into consideration when planning schedules. 14 ------- Regulatory Negotiation OAR has had good experiences with regulatory negotiation and many of the CAA regulations nay fit the criteria for negotiated rulemaking. The Regulatory Negotiation staff in OPPE has begun some preliminary work to determine which rules qualify and will contact OAR with their suggestions. Workgroup Rewards Since workgroup participation is a major aspect of the regulatory development process and "good" participation improves rulemaking, the Task Force felt that the idea of providing rewards to good and helpful participants would facilitate the rulemaking effort. The unresolved questions are where the rewards would come from and who would be responsible for granting them. One suggestion is that since these regulations are Agency products, the rewards should come from an Agency pool dedicated to the CAA regulations. Responsibility for granting rewards could rest with OPPE since it represents a cross-Agency perspective and manages the rule development process. Resources and Staffing The Task Force felt that it was necessary for all offices within the Agency to begin doing staffing analysis so they can plan for the upcoming regulatory development load. In addition to OAK, at least OGC and OPPE would be faced with significantly increased workloads related to promulgation of CAA regulations. State Involvement States have been providing input concerning the CAA regulations through the CAA Title workgroups that OAR set up to deal with the different titles of the statute. They also will be participating through their associations (STAPPA/ALAPCO). 15 ------- SUMMARY OF RECOMMENDATIONS This section provides a summary of the Task Force's recommendations on how the Agency should deal with the CAA regulations. Recommendation il Recommendation 12 Recommendation 13 Recommendation 14 Recommendation 15 Recommendation 16 Recommendation #7 Recommendation 18 Recommendation 19 Recommendation flO There should be different regulatory processes used for different categories of rules as described in the Report. OAR should not delay its development of regulations if other offices have missed deadlines or have not responded. OAR should assure that unresolved issues are •levated quickly and do not linger in the workgroup. OAR should provide the Deputy Administrator with monthly reports and briefings on the status of the CAA regulations. OAR should begin developing descriptions of the regulations necessary as a result of the CAA and circulate these to the other program offices. Program offices should provide OAR a prioritized list of rules in which they have an interest. The Steering Committee should have an initial meeting to classify the CAA regulations according to the processes described in this Report. OAR, with the help of OPPE, should identify, and begin training in rule development for the workgroup chairs who will be responsible for the CAA rules. The role of the Steering Committee should be enhanced to encompass issue resolution and/or •levation. In those cases where final Agency sign-off is necessary, workgroup closure should be the mechanism to do this, unless circumstances dictate otherwise. Resource and staffing analyses should be completed for each office to help plan for the influx of regulations caused by the CAA. 16 ------- Appendix A FIRST CUT AT CATEGORIZING CLEAN AIR ACT RULES Rules with an * may need the next higher level of review. Rules That Would Use The Streamlined Method Wonattainment Publish area designations and classification (8 months) Some of the SIP guidance Mobile sources Revise diesel particulate standard for MY91-94 urban buses (6 months} Promulgate requirements for overhauled urban buses (12 months) Promulgate requirements for clean fuel urban buses (12 months) Promulgate diesel fuel sulfur standard (12 months) Promulgate oxygenate banking and trading credits program (12 months) Ban lead in. gasoline (12 months) Add idle test to Federal Test Procedure (12 months) Revise tailpipe standards for HDE, LDV and LDT (18 months) Revise assembly line audit regs (12 months) Tailpipe emission standards (6 months) Revisions to warranty program Addition of short test procedures to I/M certification (12 months) ------- Air Toxics Most of the MACT standards, after proceudres for determining HACT have been devloped. Five year RACT, BACT, LAER - MACT extension Acid Rain Information requirements for repowering (Jan 1996) Twenty year £02 trends report Baseline determination calculation method* (12 months) Rules That Would Use The Core Workgroup Method Honattainment Some of the SIP Guidance (36 months) Most of the PM10 Control Technology Guidance's (18 months) Most of the VOC Control Technology Guidance's (36 months) Marine Vessel Regulation (48 months) Consumer Solvent Study (24 months) * Consumer Solvent Rule* Mobile iources Set formulation standards for conventional gasoline (24 monthsJ Revise recall program regs (36 months) Revise certification regs for fleets (36 months) Promulgate revised evaporative requirements for vehicles (18 months) ------- Promulgate onboard diagnostic systems requirements for vehicles (18 months) Revise Federal Test Procedure to account for more real world conditions (18 months) Promulgate cold temperature carbon monoxide standards for vehicles (18 months) Promulgate onboard refueling requirements for vehicles (18 months) Guidance on I/M programs (12 months) Guidance on transportation control measures (12 months) Set total in-use emissions standards for MY95-98 vehicles in severe and extreme ozone nonattainment areas (9 months) Specifications for reformulated gasoline in conventional vehicles for 9 cities (12 months) Air Toxics MACT standards for source categories where another office has special interest in industry or chemical. Petition process to list and delist chemicals 90% voluntary reduction alternative compliance* List of major source categories (12 months) » Acid lain Create allowance auction (36 months) Establish emission monitoring t tracking (18 months) Clean Coal Technology Interpretative Rule (12 months) Evaluation of trading S02 for NOx (Jan. 1994) ------- Low NOx burner emission rates* (18 months) Retrofit NOx emission rates* (Jan. 1997) Revise NOx NSPS* (Jan. 1994) Revise NSPS for fossil fuel stationary source* (36 months) Enforcement Establish procedures for determining penalties Establish field citation program Promulgate regulations concerning Citizen Suit Awards Revisions to contractor listing regulations. Rules That Would Use An Accelerated Agency Workgroup Konattaizunent Some of the PM10 Control Technology Guidance's (18 months) Some of the VOC Control Technology Guidance's (36 months) Some of the SIP Guidance (36 months) Mobile source* Set fuel quality specifications to minimize vehicle •missions (36 months) Determine available clean fuels for KY99 and later vehicles (60 months) Set total in-use emissions standards for MY99 and later vehicles in severe and extreme nonattainment areas (48 months) Set regs and credits for clean fuel/vehicle fleet program ------- (36 months) Promulgate regs redefining useful life for vehicles (36 months) Study on impacts of heavy-duty trading, banking and averaging program for particulate and nitrogen oxide emissions (48 months) Study of vehicle air toxics (18 months) Study of non-road engines and vehicles (24 months) Study of non-road fuels Promulgate standards to determine availability of clean fuels and vehicles (24 months) Set federal and private fleet standards for clean fuel/vehicles (24 months) Air Toxics First group of MACT standards (24 months) Residual risk evaluation (60 or 84 months) Great Lakes study (60 months) 4 Negligible risk alternative compliance (Feb. 1992) Vexmits - Permitting Guidance Acid main Acid Rain permit program including excess emission fee system (18 months) ------- pules Requiring Deputy Administrator Oversight Mobil* Sources Establish clean fuel vehicle program including establishing annual emission reduction requirements, determining fuel availability and establishing 9 city program. Air Toxics First MACT standard (24 months) Permits Permit Program (12 months) Acid Rain Establish allowance system including criteria for electing into allowance system (18 months) ------- Appendix B PROCESS FOR THE STREAM UN ED METHOD 8TZP 1 OAR completes expanded SAR and submits to Steering Committee for agreement on process to be used. STEP 2 OAR develops regulation without a formal workgroup. OAR will bring in relevant technical or legal expertise from other offices when needed. STEP 3 OAR circulates draft rule to other AAs within agency for comment but aot concurrence. AAs have 2 weeks to respond. STEP 4 OAR will develop a short memo that describes how they dealt with the major internal agency comments and circulate it to the AAs. Other offices can raise issues to the AA/OAR if they feel OAR has improperly overlooked their comments. OAR will then schedule a meeting with the Administrator or DA. OAR incorporates relevant comments and sends (via OPPE) to 0KB for review4 (60 Day review). STEP 5 OAR briefs the Administrator or DA in an open meeting on the regulation, if accessary, prior to signature. The Action Memo to the Administrator must contain those significant issues raised by other offices but not incorporated by OAR. Administrator signs regulations (2-4 weeks). * STEP € Package sent to Federal Register. Public comment period (2 months). STEP 7 OAR analyzes comments, drafts final rule. STEP • OAR circulates draft final rule to other AA's for comment, aot concurrence. AA's have 2 weeks to respond. 4 0KB review period is 60 days for major NPRMs, 30 days for major Final rules and 10 days for all other actions. ------- STEP t OAR will develop a short nemo that describes how they dealt with the major internal agency comments and circulate it to the AAs. Other offices can raise issues to the AA/OAR if they feel OAR has improperly overlooked their comments. OAR will then schedule a meeting with the Administrator or DA. OAR incorporates relevant comments and sends (via OPPE) to 0KB for review*. STEP 10 OAR briefs the Administrator or DA on the regulation, if necessary, prior to final signature. Administrator signs final rule (2-4 weeks). Action nemo to the Administrator must contain those significant issues raised by other offices but not incorporated by OAR. STEP 11 Final rule sent to FR. 24-30 weeks of total time is uncontrollable by EPA. See footnote 3. ------- PROCESS FOR CORE WORKGROUP METHOD 8TEP 1 OAR prepares expanded SAP. •TZP 2 Rule comes to Steering Committee for workgroup assignments and designations. Steering Committee •ets up a "core" group for formal concurrence, and information group who will receive packages, can make comments, but will not participate in the final concurrence sign-off. •TEP 3 Workgroup develops regulation. OAR'c workgroup chairs will quickly raise any unresolved issues through their management and their Steering Committee representative. The Steering Committee must be given one week notice if OAR plans to bring an issue before it. The Steering Committee must resolve the issue at this point (failure to get to the AA or to get a decision cannot hold up the rule). If Steering Committee can't resolve the issue, OAR will schedule a meeting for the DA or include it on the agenda for the monthly CAA meeting with the DA to get resolution. AAs from interested offices can attempt to resolve the issue before the DA's meeting. STEP 4 OAR goes to workgroup closure. Core members (representing their AAs) are the only participants. This will be the final sign-off of the Agency package and signature by the representative of the office will constitute final office level position. STEP 5 OAR sends rule to OMB for review*. •TEP 6 OMB clears regulation. Administrator signs rule (2-4 weeks). 8TEP 7 Package sent to FR, public comment period (2 months). •TZP • OAR analyzes comments, workgroup drafts final rule. STEP 9 OAR briefs Steering Committee. Steering Committee determines any streamlining processes (e.g., skipping workgroup closure). See footnote 3. ------- STEP 10 OAR's workgroup chairs vill quickly raise any unresolved issues through their Steering Committee representative. The Steering Committee must be given one week notice if OAR plans to bring an issue before it. The Steering Committee must resolve the issue at this point (failure to get to the AA or to get a decision cannot hold up the rule). If Steering Committee can't resolve the issue, OAR will schedule a meeting for the DA to get resolution. AAs from interested offices can attempt to resolve the issue before the DA's meeting. •TEP 11 OAR goes to workgroup closure. Core members (representing their AAs) are the only participants. This will be the final sign-off of the Agency package and signature by the representative of the office will constitute final office level position. In the event that there are BO significant issues raised during the comment period or by the Agency, the rule may be able to skip STEPS 10 and 11. If so, the rule gets Agency clearance (workgroup closure or RB) (2 weeks), and OAR sends to OPPE for OMB review7. STEP 12 OMB clears rule. Administrator signs (2-4 weeks) and sends to the FR. 26-32 weeks uncontrollable time. See footnote 3. ------- PROCESS FOR ACCELERATED AGENCY WORKGROUP METHOD STEP 1 OAR develops expanded SAR. STEP 2 Kule cones to Steering Committee for workgroup assignments and designations. Steering Committee sets up a workgroup and determines process. STEP 3 Regulatory Scoping meeting (optional) •TIP 4 Workgroup develops regulation. OAR'c workgroup chairs will quickly raise any unresolved issues through their Steering Committee representative. The Steering Committee must be given one week notice if OAR plans to bring an issue before it. The Steering Committee must resolve the issue at this point (failure to get to the AA or to get a decision cannot hold up the rule). If Steering Committee can't resolve the issue, OAR will schedule a meeting for the DA to get resolution. AAs from interested offices can attempt to resolve the issue before the DA's meeting. STEP 5 OAR goes to workgroup closure. Workgroup members (representing their AAs) provide final concurrence. This will be the final sign-off of the Agency package and signature by the representative of the office will constitute final office level position. STEP 6 OAR sends rule to 0KB for review*. STEP 7 OKB clears regulation. Administrator signs rule (2-4 weeks) STEP 8 Package sent to FR, public comment period (2 months). STEP 9 OAR analyzes comments, workgroup drafts final rule. STEP 10 OAR briefs Steering Committee. Steering Committee determines any streamlining processes. See footnote 3. ------- STEP 11 OAR'c workgroup chairs will quickly raise any unresolved issues through their Steering Committee representative. The Steering Committee oust be given one week notice if OAR plans to bring an issue before it. The Steering Committee must resolve the issue at this point (failure to get to the AA or to get a decision cannot hold up the rule). If Steering Committee can't resolve the issue, OAR will schedule a meeting for the DA to get resolution. AAs from interested offices can attempt to resolve the issue before the DA's meeting. STEP 12 OAR goes to workgroup closure. Workgroup members (representing their AAs) provide final concurrence. This will be the final sign-off of the Agency package and signature by the representative of the office will constitute final office level position. In tbe event that there are BO significant issues raised during the comment period or by the Agency/ the rule Bay be able to skip STEPS 10 and 11. if so, the rule gets Agency clearance (workgroup closure or KB) (2 weeks), and sends to OMB for review (30 days). STEP 13 If no changes from proposal, rule gets Agency clearance (workgroup closure or RB) (2 weeks), and OAR sends rule to OPPE for OMB review'. STEP 14 OMB clears rule. Administrator signs (2-4 weeks) and sends to the FR. 26-32 weeks of uncontrollable time. See footnote 3. ------- PROCESS FOR DEPUTY ADMINISTRATOR OVERSIGHT METHOD •TIP 1 OAR prepares expanded BAR. Steering Committee sets up a agency workgroup. •TEP 2 Regulatory Scoping meeting DA has first AA level meeting on the regulation to provide initial guidance, develop a procedural strategy including specific schedule, and determine next steps. 1TEP 3 Agency workgroup begins development of the regulation. OAR raises unresolved issues to Steering Committee quickly for resolution or further elevation. DA meeting for status report and issue resolution. This should occur as regulation approaches closure. STEP 4 When draft is complete, DA open meeting acts as workgroup closure mechanism. The DA group will be the final sign-off in most cases. 10 STEP S Rule sent to OMB STEP C OMB clears rule and Administrator signs proposal (2-4 weeks). STEP 7 Rule sent to FR. Public comment period (2 •onths). STEP 8 OAR analyzes comments. DA meeting to discuss possible changes as a result of comments. Provides guidance and direction. (Depending on the significance of the comments, this meeting may not be necessary.) STEP t It no major changes from proposal, rule proceeds to OMB after DA meeting concurrence. If changes. see STEPS 3 and 4. 10 See footnote 3. ------- ,11 •TEP 10 OMB review STEP 11 Administrator signs final rule and sends to FR (2- 4 week). 26-32 weeks of uncontrollable tine. See footnote 3. ------- ****.. « { | M«|Qf I j i»r"*U*l • - 0' -t •i :-Oit MC * IlltM* 0' or *et ------- s. I*T -te—i-.c«. it**** ane c;3« 7-1?) »'».:,« ------- >" * « Appendix D CLEAN AIR ACT IMPLEMENTATION TASK FORCE Chairperson - Michael Shapiro, Deputy Assistant Administrator for Air and Radiation - 382-7403 Co-Chair - Gary Katz, Office of Policy, Planning and Evaluation - 382-4407 orrzcs or AIR AKD RADIATION Larry WeinstocJc (ANR-443) Special Assistant Office of Air i Radiation 382-2632 John Cabaniss (AKR-445) Policy Analyst Office of Mobile Sources 382-7645 Ton Eagles (ANR-445) Regulatory Impact Analyst Office of Policy Analysis & Review 382-5585 John Schakenbach (ANR-445) Acid Rain Staff Office of Atmospheric I Indoor Air Programs 475-8545 William Gunter (ANR-460) Criteria & Standards Division Office of Radiation Programs 475-9603 John Bachmann (MD-11) Environmental Engineer OAQPS -.Immediate Office Research Triangle Park, NC 27711 ITS 629-5359 Mike Tnitna (MD-15) Permit ting Chief, Air Toxics Programs Section OAQPS Research Triangle Park, NC 27711 FTS 629-5345 Robert Kellan (MD-13) BISBAP8 Chief, Pollutant Assessment Branch OAQPS Research Triangle Park, NC 27711 FTS 629-5647 ------- Ton Helms (MD-15) Noaattaiaaent Chief, Ozone/CO Projects Branch OAQPS Research Triangle Park, NC 27711 OF ENFORCEMENT AND COMPLXXNCE MONITORING Michael Alushin (LE-134A) Associate Enforcement Council for Air Enforcement 382-2820 omcE or SOLID WASTE AKD EKERQENCY RESPONSE Elizabeth LaPointe (OS-110) Director, Policy Analysis I External Affairs Staff 382-4617 Elaine Davies (OS-120) Director, Chemical Accident Prevention Staff 475-8600 orricE or PESTICIDES AND TOXIC SUBSTANCES Judy Nelson (TS-788) Director, Regulatory Coordination Staff 382-2890 orricE or GENERAL COUNSEL Tin Williams (LE-132A) Attorney-Advisor (Air) 382-7636 orrici or WATER Jin Horn (WH-556) Director, Water Policy Office 382-7818 ------- OFFICE 07 RESEARCH AND DEVELOPMENT Peter Preuss (H-8105) Director, Office of Technology Transfer and Regulatory Staff 382-7669 OFFICE Or POLICY, PLANNING AND EVALUATION Alex Cristafaro (PM-221) Director, Air ft Energy Policy Division 382-5490 REGIONAL OPERATIONS AND STATE/LOCAL RELATIONS Judith Gleason (A-101) Associate Adninistator 245-3870 Brenda Greene (H-1502 Regional Coordinator 245-3870 Too Haslaney, Director Air Management Division EPA - Region III (3AMOO) 841 .Chestnut Bldg Philadelphia, PA 19107 FTS 597-9390 Dave Kee, Director Air & Radiation Division BPA - Region V (5AR-26) 230 S. Pearborn St. Chicago, ZL €0604 FTS 353-2212 Bob Hannesschlagtr Acting Director, Air, Pesticides tnd Toxics Division BPA • Region VI 1445 Ross Ave. Suit* 1200 Dallas, TX 25202-2733 ITS 255-7200 ------- . . •- • * t^"TV •*> Irv Dicfcstein, Director Air & Toxics Division EPA - Region VIII (8AT) 999 18th St. Denver Place - Suite 500 Denver, CO 80202-2405 FTS 330-1438 OFFICE OF PLANNING AND POLICY EVALUATION Dan Fiorino Deputy Office Director, Office of Policy Analysis 382-4034 Paul Lapsley, (PM-223) Director, Regulation Management Division 362-5480 Scott Furlong, (PM-223) Regulatory Development Branch 382-7202 • Cornellius Xervin Dean, School of Public Affairs The American University 685-2941 IT. S. Environmental ". •: ,,-n 5, Library ; ' "' "•. Dearborn St-. -D, IL 60604 ------- |