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EPA/OAR RIN: 2060-AS35 Publication ID: Fall 2024 
Title: Review of the Secondary National Ambient Air Quality Standards for Ecological Effects of Oxides of Nitrogen, Oxides of Sulfur and Particulate Matter 
Abstract: Under the Clean Air Act, the EPA is required to review and, if appropriate, revise the air quality criteria and national ambient air quality standards (NAAQS) every 5 years. On April 3, 2012, the EPA published a final rule in which the Agency determined to retain the current secondary standards (welfare-based) for nitrogen oxides (NOx) and for sulfur oxides (SOx). On January 15, 2013, the EPA published a final rule in which the Agency retained the secondary standards for particulate matter. The current review of the air quality criteria and secondary standards for ecological effects of SOx, N oxides and particulate matter included the preparation of an Integrated Review Plan, an Integrated Science Assessment, a Risk/Exposure Assessment, and a Policy Assessment by the EPA, with opportunities for review by the EPA's Clean Air Scientific Advisory Committee (CASAC) and the public. Opportunities for public participation in the development of these assessments included through the offering of comments to the CASAC at public CASAC meetings and directly to the EPA. These assessments informed the Administrator's proposed decision to strengthen the secondary NAAQS for sulfur oxides (SOx) to 10-15 ppb, as an annual average, averaged over 3 years; while proposing to retain existing secondary standards for nitrogen oxides (N oxides) and particulate matter (PM). The proposed decision was published in the Federal Register and announced on EPA’s website, with opportunity provided for public participation, including submission of comments to the rulemaking docket and public hearings. Additionally, opportunity was provided for Tribal consultation. The Administrator’s final decisions will take into consideration published documents, CASAC advice, and public comment on the proposed decision. EPA is under a consent decree for this review to sign the final rule by December 10, 2024. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 50   
Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act   
Legal Deadline:
Action Source Description Date
Final  Judicial  Consent Decree: Consent Decree Final Action signature deadline of 12/10/24.   12/10/2024 
NPRM  Judicial  Consent Decree: Consent Decree Signature deadline of 4/9/2024 for Proposed action; and Consent Decree Signature deadline of 12/10/2024 for Final action.  04/09/2024 
NPRM  Judicial  Consent Decree: Consent Decree proposed action signature deadline of 4/9/2024.  04/09/2024 

Statement of Need: Under the Clean Air Act Amendments of 1977, EPA is required to review and if appropriate revise the air quality criteria and national ambient air quality standards (NAAQS) every 5 years. On April 3, 2012, EPA published a final rule retaining the Secondary NAAQS for NO2 and SO2, without revision. On August 29, 2013, EPA announced that it is reviewing the April 2012 decision on the secondary air quality standards for NO2 and SO2. On December 3, 2014, EPA announced it is reviewing the secondary air quality standards for particulate matter.

Summary of the Legal Basis: Under the Clean Air Act Amendments of 1977, EPA is required to review and if appropriate revise the air quality criteria and the primary (health-based) and secondary (welfare-based) national ambient air quality standards (NAAQS) every 5 years.

Alternatives: The main alternatives for the Administrator’s decision on the review of the secondary national ambient air quality standards for NOx, SOx and PM include retaining or revising the existing standards.

Anticipated Costs and Benefits: When the Agency proposes revisions to the standards, the Agency prepares a Regulatory Impact Analysis (RIA) to provide the public with illustrative estimates of the potential costs and health and welfare benefits of attaining the revised standards. However, 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.

Risks: The review builds on the review of the NOx and SOx NAAQS, completed in 2012, and includes preparation by EPA of an Integrated Review Plan, an Integrated Science Assessment, and a Policy Assessment, which includes a risk/exposure assessment, with opportunities for review by the EPA's Clean Air Scientific Advisory Committee (CASAC) and the public. The final versions of these documents will inform the Administrator's proposed decisions on whether to revise or retain the Secondary NOx SOx and PM NAAQS. The Administrator’s final decisions on whether to revise or retain the Secondary NOx SOx and PM NAAQS will take into consideration the scientific evidence and quantitative analyses presented in these documents, CASAC advice, and public comment on the proposed decision.

Timetable:
Action Date FR Cite
Notice  08/22/2018  83 FR 42497   
NPRM  04/15/2024  89 FR 26620   
Final Rule  01/00/2025 
Additional Information: EPA-HQ-OAR-2014-0128.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: Yes 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Ginger Tennant
Environmental Protection Agency
Office of 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

Karen Wesson
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code C504-06,
Research Triangle Park, NC 27711
Phone:919 541-3515
Email: wesson.karen@epa.gov