In 2006, the Bush Administration established a new procedure for setting national ambient air quality standards (NAAQS) for criteria air contaminants [aka criteria pollutants; see http://en.wikipedia.org/wiki/Criteria_pollutant]. EPA was to issue a notice of advanced rulemaking that included a proposed standard, and then a request for public comment. The process was criticized for inviting political interference when the CAA standards were suppose to be science based. In reply, EPA stated that the advance notice process, in lieu of the former staff recommendation process, would streamline the process, which was often late in meeting the 5-yr. schedule established by the CAA. EPA is now reviewing whether to continue this process.
In the interim, EPA is moving forward with the process to set a NO2 standard without following the Bush Administration process because a judicial consent decree requires that a proposed rule be issued by June 26. Since the notice of advanced rulemaking is not legally required, EPA can modify its approach. In the case of NO2, two science-related documents on NO2 pollution have been issued, including a July 2008 final integrated science assessment. The documents noted that ambient NO2, even at levels of the current standard, increase the risk of hospital visits for respiratory symptoms by 2-20%.
Further information on the NAAQS for NO2, including background information and links to the science documents, can be found at http://www.epa.gov/ttn/naaqs/standards/nox/data/20090210NO2NAAQSstatus.pdf.
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