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GAO-07-810R 1 (2007-05-10)

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T I   IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-309401


          May 10, 2007

          The Honorable Barbara Boxer
          Chairman
          The Honorable James M. Inhofe
          Ranking Minority Member
          Committee on Environment and Public Works
          United States Senate

          The Honorable John D. Dingell
          Chairman
          The Honorable Joe Barton
          Ranking Minority Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Environmental Protection Agency Clean Air Fine Particle Implementation
                  Rule

          Pursuant to section 801(a)(2)(A) of Title 5, United States Code, this is our report on a
          major rule promulgated by the Environmental Protection Agency (EPA), entitled
          Clean Air Fine Particle Implementation Rule (RIN: 2060-AK74).

          The final rule requires states and tribal governments to develop plans to implement
          the 1997 fine particle (PM., ) national ambient air quality standards (NAAQS)
          pursuant to the Clean Air Act (CAA). Fine particles and precursor pollutants are
          emitted by a wide range of sources, including power plants, cars, trucks, and
          industrial sources. Air quality designations became effective on April 5, 2005, for 39
          areas that were not attaining the 1997 PM25 standards. The final rule requires that by
          April 5, 2008, each state and tribal government having a nonattainment area must
          submit to EPA an attainment demonstration and have adopted regulations ensuring
          that the area will attain the standards as expeditiously as practicable, but no later
          than 2015.

          This rule was published in the Federal Registeras a final rule on April 25, 2007.
          72 Fed. Reg. 20,586. We received the rule on April 3, 2007. The Federal Register
          notice provides for two different effective dates, May 29, 2007, and June 25, 2007.
          See 72 Fed. Reg. 20,586 and 20,663. The Congressional Review Act requires major
          rules to have a 60-day delay in their effective date following publication in the


GAO-07-810R

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