April 25, 2016
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Environmental Protection Agency (“EPA”) issued an April 19th Federal Register Notice announcing the availability of a draft document titled Draft Integrated Review Plan for the National Ambient Air Quality Standards for Particulate Matter (“Draft IRP”). See 81 Fed. Reg. 22977.
EPA states that the Draft IRP contains the current plans for the review of the air quality criteria for particulate matter (“PM”) and the primary and secondary National Ambient Air Quality Standards (“NAAQS”) for PM.
Section 108 and 109 of the Clean Air Act require EPA to identify air pollutants utilizing certain criteria and set NAAQS for each. They are often referred to as “criteria air pollutants.” The term “criteria” is associated with the Section 108 requirements that EPA evaluate the potential health effects and issue a criteria document discussing the scientific information and studies that have been developed regarding these substances.
Section 108 of the Clean Air Act requires that EPA identify air pollutants “which may reasonably be anticipated to endanger public health and welfare” and to issue air quality criteria for them. These air quality criteria must “accurately reflect the latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on public health or welfare which may be expected from the presence of a pollutant in the ambient air.”
Section 109 subsequently requires that the EPA promulgate “primary” and “secondary” NAAQS for the pollutants identified under Section 108. Section 109(b)(1) defines a primary standard as (1) “the attainment and maintenance of which in the judgments of the Administrator, based on the criteria and allowing an adequate margin of safety, are requisite to protect the public health.” Further, Section 109(d)(1) mandates periodic review and, if appropriate, revision of existing air quality criteria in NAAQS.
EPA states that it is presently reviewing the criteria and the primary and secondary NAAQS for PM. It further states that the Draft IRP has been developed as part of the planning phase for the review.
Click here to download a copy of the Federal Register Notice with information on how to obtain the Draft IRP.
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