2008 Reporting Rule

More on the 2008 Reporting Rule

EPA’s authority to regulate pollutants under Section 109 of the CAA is limited by the requirement that EPA “list” the pollutant under section 108(a). Section 108(a) requires EPA to make a formal finding that the emissions of the air pollutant “cause or contribute to air pollution which may reasonably be anticipated to endanger public health and welfare.” Within 12 months of listing an air pollutant, EPA must issue “air quality criteria” for that air pollutant. These air quality criteria include information on, among other factors, “the types of air pollutants which, when present in the atmosphere, may interact with such pollutant to produce an adverse effect on public health or welfare . . .” These air quality criteria, however cannot change the scope of the pollutant listed under section 108(a)(1). Furthermore, air quality criteria do not impose standards, but once EPA issues the criteria document, Section 109 requires the expeditious promulgation of the NAAQS for the pollutant.

Congress required EPA in the 1970 National Air Standards to issue air quality criteria and standards simultaneously for “nitrogen oxides.” In 1971, EPA listed nitrogen oxide as a criteria pollutant and issued a NAAQS.

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