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GAO-10-457R 1 (2010-02-24)

handle is hein.gao/gaobadxac0001 and id is 1 raw text is: 


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


          B-319328


          February 24, 2010

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

          The Honorable Henry A. Waxman
          Chairman
          The Honorable Joe L. Barton
          Ranking Minority Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Environmental Protection Agency. Primary National Ambient Air Quality
                  Standards for Nitrogen Dioxide

          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
          Primary National Ambient Air Quality Standards for Nitrogen Dioxide (RIN: 2060-
          Au19). We received the rule on January 27, 2010. It was published in the Federal
          Register as a final rule on February 9, 2010. 75 Fed. Reg. 6474. The final rule is
          effective on April 12, 2010.

          The final rule revises the primary nitrogen dioxide national ambient air quality
          standards in order to provide requisite protection of public health. The final rule
          establishes a new 1-hour standard at a level of 100 ppb, based on the 3-year average
          of the 98' percentile of the yearly distribution of 1-hour daily maximum
          concentrations, to supplement the existing annual standard. The final rule also
          establishes requirements for a nitrogen dioxide monitoring network that will include
          monitors at locations where maximum nitrogen dioxide concentrations are
          expected, including within 50 meters of major roadways, as well as monitors sited to
          measure the area-wide nitrogen dioxide concentrations that occur more broadly
          across communities.

          Enclosed is our assessment of the EPA's compliance with the procedural steps
          required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.


GAO-10-457R

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