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MemoMemorandumTrump 45 · R Quiet signal

Presidential Memorandum

Promoting Domestic Manufacturing and Job CreationPolicies and Procedures Relating to Implementation of Air Quality Standards

This April 12, 2018 memorandum directs the EPA Administrator to streamline implementation of National Ambient Air Quality Standards (NAAQS) and the Regional Haze Program to reduce permitting burdens on domestic manufacturing. It sets specific processing timelines for State Implementation Plans (18 months), preconstruction permits (1 year), and exceptional event demonstrations (120 days), while expanding flexibility for states on offsets, international emissions considerations, and modeling approaches.

Federal Register Open PDF 83 FR 16761

Impact dates

  1. Final action on SIP submissions

  2. Final action on complete preconstruction permit applications

  3. FY 2019 performance plans with expanded performance goals for SIP processing, Regional Haze engagement, preconstruction permits, and demonstration processing

  4. Final action on complete exceptional event demonstrations and section 179B petitions

Key directives

  • EPA Administrator shall endeavor to take final action on SIPs within 18 months of submission
  • EPA Administrator shall review all 2007 Regional Haze FIPs and develop options to replace with SIPs upon state request
  • EPA Administrator shall endeavor to take final action on preconstruction permit applications within 1 year of receiving complete application
  • EPA Administrator shall endeavor to take final action on exceptional event demonstrations and section 179B petitions within 120 days of complete submission
  • EPA shall consider section 179B demonstrations from any state, not just border states, and emissions from any foreign source including Asia
  • EPA shall provide flexibility on offsets including intrastate and regional inter-precursor trading
  • EPA Administrator shall evaluate NAAQS review process and develop transparency criteria and science/policy differentiation guidance
  • EPA shall concurrently issue implementing regulations and guidance when establishing/revising NAAQS
  • EPA Administrator shall evaluate existing rules/guidance for revision/rescission to ensure timely permitting
  • Performance goals for SIPs, Regional Haze, preconstruction permits, and demonstrations starting with FY 2019 performance plan

Who is ordered

Timeline

Immediate

  • Memorandum issuance and Federal Register publication
  • Direction to review 2007 Regional Haze FIPs and develop replacement options
  • Evaluation of existing EPA rules/guidance for revision/rescission

Near term (90d)

  • FY 2019 performance plan development (due by start of FY 2019, October 1, 2018) for SIP processing goals
  • FY 2019 performance plan for Regional Haze cooperative engagement goals
  • FY 2019 performance plan for preconstruction permit processing goals
  • FY 2019 performance plan for exceptional event/international emissions processing goals

Long term

  • Ongoing implementation of streamlined permitting and SIP processes
  • Potential rulemaking/guidance on international emissions (section 179B)
  • Development of criteria for transparency in NAAQS scientific reviews
  • Development of clear guidance differentiating science and policy in NAAQS establishment
  • Potential revisions/rescissions of existing EPA implementation documents

Risks & tensions

  • Most deadlines use 'endeavor' language, creating soft obligations rather than enforceable mandates; legal enforceability weakened by section 10(c) disclaimer
  • Expansion of international emissions consideration to Asian sources may create diplomatic sensitivities and scientific measurement challenges
  • Streamlining permitting while maintaining air quality protections creates inherent tension—document emphasizes 'consistent with law' but pushes toward flexibility
  • Inter-precursor trading and offset flexibility in rural areas may face legal challenges from environmental groups
  • 'Background levels' framing suggests potential conflict with stricter NAAQS standards; unclear if this memorandum seeks to influence future standard-setting or only implementation
Presidential Memorandum: Promoting Domestic Manufacturing and Job CreationPolicies and Procedures Relating to Implementation of Air Quality Standards · Executive Orders