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| EPA/AR | RIN: 2060-AO72 | Publication ID: Fall 2008 |
| Title: Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur | |
| Abstract: The Clean Air Act Amendments of 1977 require EPA to review and, if appropriate, revise air quality criteria, primary (health-based), and secondary (welfare-based) national ambient air quality standards (NAAQS) every five years. On October 11, 1995, the EPA published a final rule not to revise either the primary or secondary NAAQS for nitrogen dioxide (NO2). That action provided the Administrator's final determination, after careful evaluation of comments, that revisions to neither the primary nor the secondary NAAQS for NO2 were appropriate at that time. On May 22, 1996, the EPA published a final decision that revisions of the primary and secondary NAAQS for sulfur dioxide (SO2) were not appropriate at that time, aside from several minor technical changes. That action provided the Administrator's final determination, after careful evaluation of comments, that signficant revisions to the primary and the secondary NAAQS for SO2 would not be made at that time. On December 9, 2005, the EPA/ORD initiated the current periodic review of NO2 air quality criteria with a call for information in the Federal Register. On May 3, 2006, the EPA/ORD initiated the current periodic review of SO2 air quality criteria with a call for information in the Federal Register. The decision was made to review the oxides of nitrogen and the oxides of sulfur together, rather than individually, as has been done in the past. This decision derives from the fact that NOx, SOx, and their associated transformation products are linked from an atmospheric chemistry perspective, as well as from an environmental effects perspective (most notably in the case of secondary aerosol formation and acidification in ecosystems). A workshop was held in July 2007 to discuss key policy-relevant issues around which EPA would structure the review and to provide an opportunity for peer review of draft chapters of the Integrated Science Assessment being prepared by ORD. In addition to providing input into the Science Assessment, the workshop also provided important input as OAR and ORD consider the appropriate design and scope of the major elements that inform the Agency's Policy Assessment under the new NAAQS process: an integrated plan highlighting the key policy-relevant issues prepared by OAR and ORD, an Integrated Science Assessment prepared by ORD, and a Risk/Exposure Assessment prepared by OAR. The Policy Assessment prepared by OAR will evaluate the policy implications of key information contained in the Integrated Science Assessment and Risk/Exposure Assessment, as well as any appropriate technical analyses. The Policy Assessment will be published as an ANPRM that reflects Agency views regarding options to retain or revise the NO2 and/or SO2 NAAQS. EPA will solicit comments from the Clean Air Scientific Advisory Committee (CASAC), an independent science advisory committee established to review the scientific and technical basis of the NAAQS, and the public several times during the development of the critical documents identified above, including the ANPRM. A Scope and Methods Plan for the review was developed and released to CASAC and the public for comment. CASAC provided comment on both the ISA (developed by ORD) and the Scope and Methods Plan on April 2-3 2008. The second draft ISA and first draft risk and exposure assessment will be released to CASAC and the public in August, 2008 for a public meeting on October 1-2, 2008. Upon the completion of the risk assessments and the development of the ANPR, the Administrator will propose to retain or revise the secondary NO2 and/or SO2 NAAQS, as appropriate,taking into consideration CASAC and public commenton the ANPR. Input received during the public comment period for the proposed decision will be considered in the Adminstrator's final decision. | |
| Agency: Environmental Protection Agency(EPA) | Priority: Economically Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Prerule Stage |
| Major: Yes | Unfunded Mandates: No |
| CFR Citation: 40 CFR 50 | |
| Legal Authority: 42 USC 7408 42 USC 7409 | |
Legal Deadline:
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Statement of Need: As established in the Clean Air Act, the national ambient air quality standards for oxides of nitrogen and oxides of sulfur are to be reviewed every five years. |
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Summary of the Legal Basis: Section 109 of the Clean Air Act (42 USC 7409) directs the Administrator to propose and promulgate "primary" and "secondary" national ambient air quality standards for pollutants identified under section 108 (the "criteria" pollutants). The "primary" standards are established for the protection of public health, while "secondary" standards are to protect against public welfare or ecosystem effects. |
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Alternatives: The main alternatives for the Administrator's decision on the review of the national ambient air quality standards for oxides of nitrogen and oxides of sulfur are whether to reaffirm or revise the existing standards. |
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Anticipated Costs and Benefits: The Clean Air Act makes clear that the economic and technical feasibility of attaining standards are not to be considered in setting or revising the NAAQS, although such factors may be considered in the development of State plans to implement the standards. Accordingly, the Agency prepares cost and benefit information in order to provide States and Regional Planning Organizations information that may be useful in considering different implementation strategies for meeting proposed or final standards. Cost and benefit information is not developed to support a NAAQS rulemaking until sufficient policy and scientific information is available to narrow potential options for the form and level associated with any potential revisions to the standard. Typically, an analysis plan for preparing a regulatory impact plan for a NAAQS proposed rulemaking will begin after CASAC has reviewed two drafts of the Integrated Science Assessment (ISA) as well as the 1st draft of the Agencys Risk/Exposure Assessment. Therefore, work on the developing the plan for conducting the cost and benefit analysis will generally start 1 1/2 to 2 years following the start of a NAAQS review. |
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Risks: During the course of this review, risk assessments may be conducted to evaluate public welfare risks associated with retention or revision of the standards. |
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Timetable:
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| Additional Information: SAN No. 5170; EPA Docket information: EPA-HQ-OAR-2007-1145 | |
| Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State, Tribal |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: Yes | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Anne Rea Environmental Protection Agency Air and Radiation C539-02, Research Triangle Park, NC 27711 Phone:919 541-0053 Fax:919 541-0905 Email: Rea.Anne@epa.gov Ginger Tennant Environmental Protection Agency Air and Radiation 109 T.W. Alexander Drive, Mail Code C504-06, Research Triangle Park, NC 27711 Phone:919 541-4072 Fax:919 541-0237 Email: tennant.ginger@epa.gov |
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