The McCarthy memo notes that EPA is proceeding with designations of areas that are in non-attainment with the 2008 standard, and also plans an “expedited” rulemaking to outline implementation requirements.
The 2008 rules – which remain under litigation – set an ozone standard of 75 parts-per-billion. They had been on hold as EPA, early in Obama’s tenure, began crafting plans to toughen the Bush administration rules.
But the White House this month overruled EPA’s plan to issue tougher standards this year, and instead punted on the matter until 2013.
EPA Administrator Lisa Jackson told a House panel earlier Thursday that EPA would now move to enforce the 2008 rules, which replace even less stringent 1997 standards.
McCarthy, in the memo, writes that separate, industry-specific Clean Air Act rules will help lighten the load for states by curbing smog-forming pollution.
She notes the recently completed Cross-State Air Pollution Rule, air toxics standards for cement plants, and car and light truck standards.
McCarthy also notes upcoming regulations including power plant air toxics standards.
“These federal actions will ensure steady forward progress to clean up the nation’s air and protect the health of America’s families, while minimizing and in many cases eliminating the need for states to use their scarce resources on local actions,” she writes.
Jackson has criticized the 2008 ozone rules, arguing they provide inadequate public health protections and may not be “legally defensible.” But they’re what EPA has to work with after President Obama shelved tougher rules.
EPA now plans to propose updated ozone standards in 2013.