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GAO-10-884R 1 (2010-07-06)

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


          B-320028


          July 6, 2010

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

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

          Subject: Environmental Protection Agency. Primary National Ambient Air Quality
                  Standard for Sulfur 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 Standard for Sulfur Dioxide (RIN: 2060-
          A048). We received the rule on June 9, 2010. It was published in the Federal
          Registeras a final rule on June 22, 2010. 75 Fed. Reg. 35,520.

          The final rule revises the primary national ambient air quality standard (NAAQS) for
          oxides of sulfur as measured by sulfur dioxide (SO,). Specifically, in the final rule,
          EPA is establishing a new 1-hour SO2 standard at a level of 75 parts per billion, based
          on the 3-year average of the annual 99' percentile of 1-hour daily maximum
          concentrations. The final rule also revokes both the existing 24-hour and annual
          primary SO, standards. The final rule is effective on August 23, 2010.

          In the rule, EPA states that it is revising the primary S0 NAAQS to provide requisite
          protection of public health with an adequate margin of safety. EPA also states that
          the Clean Air Act and judicial decisions make clear that the economic and technical
          feasibility of attaining the national ambient standards cannot be considered in
          setting or revising NAAQS, although such factors may be considered in the
          development of state implementation plans to implement the standards.


GAO-10-884R

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