The United States Environmental Protection Agency (“EPA”) has issued an April 14th Federal Register Notice announcing the availability of a final document titled:

Policy Assessment for the Review of the Primary National Ambient Air Quality Standards for Oxides of Nitrogen (“NO2 PA”)(“Assessment”)

See 82 Fed. Reg. 17947.

The Federal Register notice notes:

Nitrogen dioxide (NO2) is the component of oxides of nitrogen (NOx) for which we have the greatest concern for public health. Accordingly, the current primary (health-based) National Ambient Air Quality Standards (NAAQS) for NOx are in terms of NO2 . The NO2 PA presents considerations and conclusions relevant for the EPA’s review of the primary NO2 NAAQS. The primary NO2 NAAQS are set to protect the public health from exposures to NO2 in ambient air.

The federal agency is also required to periodically review and (if appropriate) revise the National Ambient Air Quality Standards (“NAAQS”) based on the revised criteria. Section 109(d)(2) mandates that an independent scientific review committee:

. . .shall complete a review of the criteria. . .and the national primary and secondary ambient air quality standards. . .and shall recommend to the Administrator any new . . . standards and revisions of the existing criteria and standards as may be appropriate. . . .

EPA notes that it is currently reviewing the criteria and primary NAAQS for NOx. Various documents associated with this review are identified.

The agency states that the assessment is being released to reflect consideration of the Clean Air Scientific Advisory Committee’s advice and public comments were received on the draft NO2 PA.

A copy of the Federal Register notice can be downloaded here.