National Ambient Air Quality Standards for Nitrogen Dioxide: Final Decision

SUMMARY: The level for both the existing primary and secondary national

ambient air quality standards (NAAQS) for nitrogen dioxide (NO2)

is 0.053 parts per million (ppm) (100 micrograms per meter cubed

(g/m\3\)) annual arithmetic average. As required under the

provisions of sections 108 and 109 of the Clean Air Act (Act), the EPA

has conducted a review of the criteria upon which the existing NAAQS

for NO2 are based. On October 2, 1995, the Administrator announced

her proposed decision not to revise either the primary or secondary

NAAQS for NO2 based on this review (60 FR 52874; October 11,

1995). Today's action provides the Administrator's final determination,

after careful evaluation of the comments received on the October 1995

proposal, that revisions to neither the primary nor the secondary NAAQS

for NO2 are appropriate at this time.

ADDRESSES: A docket containing information relating to the EPA's review

of the NAAQS for NO2 (Docket No. A-93-06) is available for public

inspection at the U.S. Environmental Protection Agency, Air and

Radiation Docket and Information Center (Mail Code 6102), Central

Docket Section, South Conference Center, Room M-1500, 401 M Street,

SW., Washington, DC 20460, telephone (202) 260-7548. The docket may be

inspected between 8 a.m. and 5:30 p.m. on weekdays. A reasonable fee

may be charged for copying. The information in the docket constitutes

the complete basis for this final decision. For availability of related

information see the SUPPLEMENTARY INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: Ms. Chebryll C. Edwards, U.S. EPA,

Office of Air Quality Planning and Standards (OAQPS), Air Quality

Strategies and Standards Division (MD-15), Research Triangle Park, NC

27711, telephone (919) 541-5428.

SUPPLEMENTARY INFORMATION: Availability of Related Information. The

revised criteria document, ``Air Quality Criteria for Oxides of

Nitrogen'' (three volumes, EPA-600/8-91/049aF-cF, August 1993: Volume

I, NTIS #PB95124533, $52.00; Volume II, NTIS #PB95124525, $77.00;

Volume III, NTIS #PB95124517, $77.00), and the final revised OAQPS

Staff Paper, ``Review of the National Ambient Air Quality Standards for

Nitrogen Dioxide: Assessment of Scientific and Technical Information,''

(EPA-452/R-95-005, September 1995; NTIS #PB95271573, $27.00) are

available from: U.S. Department of Commerce, National Technical

Information Service, 5285 Port Royal Road, Springfield, VA 22161, or

call 1-800-553-6847 (a handling charge will be added to each order).

Other documents generated in connection with this standard review, such

as air quality analyses and relevant scientific literature, are

available in Docket No. A-93-06.

Affected entities. Entities potentially affected by this action are

those which emit (or manufacture products which emit) NO2 or other

oxides of nitrogen. Affected categories and entities include:

------------------------------------------------------------------------

Category Examples of affected entities

------------------------------------------------------------------------

Industry............................ Electric utilities, automobile

manufacturers, mining and mineral

processing companies.

------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be affected by this

action. This table lists the types of entities that EPA is now aware

could potentially be affected by this action. Other types of entities

not listed in the table could also be affected. To determine whether

your facility is affected by this action, you should carefully examine

the applicability criteria in title 40 of the Code of Federal

Regulations, part 50. If you have questions regarding the applicability

of this action to a particular entity, consult the person listed in the

preceding FOR FURTHER INFORMATION CONTACT section.

The contents of this action are listed below:

I. Background

A. Legislative Requirements Affecting this Decision

1. The Standards

2. Related Control Requirements

B. Nitrogen Oxides and the Existing Standards for NO2

C. Review of Air Quality Criteria and Standards for Oxides of

Nitrogen

D. Decision Docket

E. Litigation

II. Summary of Public Comments

III. Rationale for Final Decision

A. The Primary Standard

B. The Secondary Standard

1. Key Public Comments Concerning Acidification

2. Key Public Comments Concerning Eutrophication

3. Final Decision on the Secondary Standard

C. Judicial Review

IV. Miscellaneous

A. Executive Order 12866

B. Regulatory Flexibility Analysis

C. Impact on Reporting Requirements

D. Unfunded Mandates Reform Act

References

I. Background

A. Legislative Requirements Affecting This Decision

1. The standards. Two sections of the Act govern the establishment

and revision of NAAQS. Section 108 (42 U.S.C. 7408) directs the

Administrator to identify pollutants which ``may reasonably be

anticipated to endanger public health and welfare'' and to issue air

quality criteria for them. These air quality criteria are to

``accurately reflect the latest scientific knowledge useful in

indicating the kind and extent of all identifiable effects on public

health or welfare which may be expected from the presence of [a]

pollutant in the ambient air * * *.''

Section 109 (42 U.S.C. 7409) directs the Administrator to propose

and promulgate ``primary'' and ``secondary'' NAAQS for pollutants

identified under section 108. Section 109(b)(1) defines a primary

standard as one ``the attainment and maintenance of which, in the

judgment of the Administrator, based on the criteria and allowing an

adequate margin of safety, (is) requisite to protect the public

health.'' For a discussion of the margin of safety requirement, see the

October 11, 1995 proposal notice (60 FR 52875). A secondary standard,

as defined in section 109(b)(2), must ``specify a level of air quality

the attainment and maintenance of which, in the judgment of the

Administrator, based on (the) criteria, is requisite to protect the

public welfare from any known or anticipated adverse effects associated

with the presence of (the) pollutant in the ambient air.'' Welfare

effects, as defined in section 302(h) (42 U.S.C. 7602(h)), include, but

are not limited to, ``effects on soil, water, crops, vegetation,

manmade materials, animals, wildlife, weather, visibility and climate,

damage to and deterioration of property, and hazards to transportation,

as well as effects on economic values and on personal comfort and well-

being.''

Section 109(d)(1) of the Act requires periodic review and, if

appropriate, revision of existing criteria and standards. The process

by which EPA has reviewed the existing air quality

[[Page 52853]]

criteria and standards for NO2 is described later in this notice.

2. Related control requirements. States are primarily responsible

for ensuring attainment and maintenance of ambient air quality

standards. The October 11, 1995 proposal notice (60 FR 52876) provides

a detailed discussion of the requirements States must fulfill to ensure

adequate implementation of control programs directed toward air

emission sources.

B. Nitrogen Oxides and the Existing Standards for NO2

Nitrogen dioxide is a brownish, highly reactive gas which is formed

in the ambient air through the oxidation of nitric oxide (NO). Nitrogen

oxides (NOX), the term used to describe the sum of NO, NO2

and other oxides of nitrogen, play a major role in the formation of

ozone in the atmosphere through a complex series of reactions with

volatile organic compounds. A variety of NOX compounds and their

transformation products occur both naturally and as a result of human

activities. Anthropogenic sources of NOX emissions account for a

large majority of all nitrogen inputs to the environment. The major

sources of anthropogenic NOX emissions are mobile sources and

electric utilities. Ammonia and other nitrogen compounds produced

naturally are important in the cycling of nitrogen through the

ecosystem.

The origins, concentrations, and effects of NO2 are discussed

in detail in the ``Review of National Ambient Air Quality Standards for

Nitrogen Dioxide: Assessment of Scientific and Technical Information,''

(Staff Paper or SP) (U.S. EPA, 1995a) and in the revised document,

``Air Quality Criteria for Oxides of Nitrogen,'' (Criteria Document or

CD) (U.S. EPA, 1993). At elevated concentrations, NO2 can

adversely affect human health, vegetation, materials, and visibility.

Nitrogen oxide compounds also contribute to increased rates of acidic

deposition. Typical peak annual average ambient concentrations of

NO2 have historically ranged from 0.007 to 0.061 ppm (U.S. EPA,

1993). The highest hourly NO2 average concentrations range from

0.04 to 0.54 ppm (U.S. EPA, 1993). Currently, all areas of the U.S.,

including Los Angeles (which is the only area to record violations in

the last decade), are in attainment of the annual NO2 NAAQS of

0.053 ppm.

On April 30, 1971, EPA promulgated identical primary and secondary

NAAQS for NO2, under section 109 of the Act, at 0.053 ppm annual

average (36 FR 8186). The criteria upon which these initial standards

were based were updated in the revised 1982 document, ``Air Quality

Criteria for Oxides of Nitrogen'' (U.S. EPA, 1982). On February 23,

1984, the EPA proposed to retain both the annual primary and secondary

standards at 0.053 ppm annual average (49 FR 6866). After taking into

account public comments, the final decision to retain the NAAQS for

NO2 was published by EPA in the Federal Register on June 19, 1985

(50 FR 25532). For a more detailed discussion of the regulatory history

and the bases for the existing NAAQS for NO2, see the October 11,

1995 proposal notice (60 FR 52876).

C. Review of Air Quality Criteria and Standards for Oxides of Nitrogen

On July 22, 1987, in response to requirements of section 109(d) of

the Act, the EPA announced that it was undertaking plans to revise the

1982 CD (52 FR 27580). In November 1991, the EPA released the revised

CD for public review and comment (56 FR 59285).

The revised CD provides a comprehensive assessment of the available

scientific and technical information on health and welfare effects

associated with NO2 and NOX. The Clean Air Scientific

Advisory Committee (CASAC) reviewed the CD at a meeting held on July 1,

1993 and concluded in a closure letter to the Administrator that the CD

``* * * provides a scientifically balanced and defensible summary of

current knowledge of the effects of this pollutant and provides an

adequate basis for EPA to make a decision as to the appropriate NAAQS

for NO2'' (Wolff, 1993). In the summer of 1995, OAQPS finalized

the document entitled, ``Review of the National Ambient Air Quality

Standards for Nitrogen Dioxide: Assessment of Scientific and Technical

Information,'' (U.S. EPA, 1995a). This Staff Paper summarizes and

integrates the key studies and scientific evidence contained in the

revised CD and identifies the critical elements to be considered in the

review of the NO2 NAAQS.

The Staff Paper received external review at a December 12, 1994

CASAC meeting. The CASAC comments and recommendations were reviewed by

EPA staff and incorporated into the final draft of the Staff Paper as

appropriate. The CASAC reviewed the final draft of the Staff Paper in

June 1995 and responded by written closure letter (Wolff, 1995).

D. Decision Docket

In 1993, the EPA established a docket (Docket No. A-93-06) for this

standard review. This docket incorporates by reference a separate

docket established for the CD revision (Docket No. ECAO-CD-86-082).

E. Litigation

On July 21, 1993, the Oregon Natural Resources Council and Jan

Nelson filed suit under section 304 of the Act to compel the EPA to

complete its periodic review of the criteria and standards for NO2

under section 109(d)(1) of the Act (Oregon Natural Resources Council v.

Carol M. Browner, No. 91-6529-HO (D.Or.)). The U.S. District Court for

the District of Oregon entered an order on February 8, 1995 requiring

the EPA Administrator to sign a notice to be published in the Federal

Register announcing the final decision whether or not to modify the

NO2 NAAQS by October 1, 1996.

II. Summary of Public Comments

The EPA received eight written responses to its proposed decision

which was published October 11, 1995 (60 FR 52874). Of the eight

submissions, five were provided by individual industrial companies or

industrial associations, two were submitted by a State government and

an independent agency of that State, and the last by an incorporated

association of citizens concerned about environmental issues. Below is

a general summary of the public comments. A more detailed summary,

along with EPA's responses to each comment, can be found in Docket No.

A-93-06, Category IV-D.

Of the five commenters who chose to address the primary (health-

based) standard, all concurred with the Administrator's proposed

determination that revisions to the existing annual primary standard

for NO2 are not appropriate.

These same commenters also agreed with the Administrator's proposed

decision that revisions to the existing annual secondary (welfare-

based) standard are not appropriate. The other three commenters

expressed concern about EPA's proposed decision not to revise the

secondary standard to protect sensitive aquatic resources.

Specifically, the State commenters were concerned about nitrogen

deposition and its contribution to the acidification of their State's

freshwater bodies, particularly Adirondack lakes. The citizen's group

is concerned about nitrogen deposition and its contribution to the

eutrophication effects being observed in Chesapeake Bay.

[[Page 52854]]

III. Rationale for Final Decision

A. The Primary Standard

The rationale for retaining the existing primary NAAQS for NO2

was presented in some detail in the 1995 proposal notice (60 FR 52874;

October 11, 1995) and remains unchanged. At that time, EPA concluded

that the existing annual primary standard appears to be both adequate

and necessary to protect human health against both long- and short-term

NO2 exposures. The EPA also concluded that retaining the existing

annual standard is consistent with the scientific data assessed in the

Criteria Document (U.S. EPA, 1993) and Staff Paper (U.S. EPA, 1995a)

and with the advice and recommendations of CASAC. After taking into

account the public comments, all of which supported the proposed

decision on the primary standard, the Administrator again concludes

that revisions to the existing annual primary NAAQS for NO2 are

not appropriate at this time.

B. The Secondary Standard

As discussed in detail in the October 11, 1995 proposal notice (60

FR 52880), NO2 and other nitrogen compounds have been associated

with a wide range of effects on public welfare. These effects include

the acidification and eutrophication of aquatic systems, potential

changes in the composition and competition of some species of

vegetation in wetland and terrestrial systems, and visibility

impairment.

Commenters were generally supportive of, or were silent with

respect to, EPA's conclusions regarding the following: (1) The direct

effects of NOX on vegetation and materials, (2) the direct toxic

effects of ammonia deposition to aquatic systems, (3) the effects of

nitrogen deposition on terrestrial and wetland systems and soil

acidification, and (4) the appropriateness of the secondary standard to

protect against visibility impairment. Hence, for the reasons discussed

in the October 1995 proposal (60 FR 52880), the Administrator again

concludes that it is not appropriate to make any revisions to the

existing annual secondary standard for NO2 with respect to such

effects nor is it appropriate to establish a separate secondary

NO2 standard to protect visibility.

The principal issues raised, with respect to the Administrator's

proposed decision not to revise the annual secondary standard for

NO2 at this time, were concerning the effects of nitrogen

deposition on the acidification of freshwater bodies (particularly

Adirondack lakes) and the eutrophication of Chesapeake Bay. The two

State commenters and one concerned citizen's group argued that the

proposed decision did not comply with section 109(b)(2) of the Act

because the existing annual secondary standard for NO2 does not

protect aquatic systems from the adverse effects of NOX in the

ambient air. All other commenters agreed with the Administrator's

conclusion that there is not yet enough consistent scientific

information to support a revision of the current secondary standard to

protect these aquatic systems.

The October 1995 proposal notice (60 FR 52882) discussed the basic

scientific evidence available regarding the effects of NOX on

aquatic systems through the processes of eutrophication and

acidification. No commenter challenged EPA's interpretation of the

available science. Therefore, it is left to the Administrator's

judgment as to whether the available evidence provides an adequate

basis to set a secondary NAAQS to protect sensitive aquatic resources

from the effects associated with nitrogen deposition. The discussions

in the next two subsections focus on the key concerns of the commenters

and provide some indication of the Administrator's conclusions on

particular issues.

1. Key public comments concerning acidification. Two commenters

were particularly concerned about the acidification of Adirondack

lakes. These commenters pointed out that, in the October 1995 proposal

notice, the Administrator did not conclude that ``the existing standard

is sufficient to protect aquatic resources from the effects of nitrogen

dioxide.'' Therefore, the commenters indicated that the Administrator

must take some action to protect such resources. Because of the

scientific complexity of nitrogen deposition issues and because the

available scientific data assessed in the revised CD (U.S. EPA, 1993)

do not provide adequate quantitative evidence on the relationship

between deposition rates and environmental impacts, it is difficult for

the Administrator to conclude, with any degree of certainty, that the

existing secondary NAAQS for NO2 is not adequate to protect

sensitive aquatic systems. The Administrator does agree that the

available evidence indicates that nitrogen deposition plays some role

in surface water acidification. However, as noted in the proposal

notice (60 FR 52882), there are significant uncertainties with regard

to the long-term role of nitrogen deposition in surface water acidity

and with regard to the quantification of the magnitude and timing of

the relationship between atmospheric deposition and the appearance of

nitrogen in surface water. Thus, it is difficult to determine what

levels of airborne reductions would be necessary to remedy the

situation. Therefore, the Administrator concludes that until such

evidence is available and incorporated into the air quality criteria

for this pollutant, a revision to the secondary standard is not

appropriate. All other commenters agreed with this conclusion.

One of the commenters also pointed out that ``unless an acid

deposition standard is promulgated, or other regulatory means are

adopted that protect the valuable lakes and waters of [the State] and

the other northeastern states from the destructive effects of acid

rain, EPA must revise the secondary NAAQS for nitrogen dioxide . . ..''

The complexity of the scientific issues involved led the CASAC to

conclude that available scientific information assessed in the CD and

SP did not provide an adequate basis for standard setting purposes at

this time (Wolff, 1995). Furthermore, in its review of the ``Acid

Deposition Standard Feasibility Study: Report to Congress'' (U.S. EPA,

1995b), the Acid Deposition Effects Subcommittee of the Ecological

Processes and Effects Committee of the EPA's Science Advisory Board

concluded that there was not an adequate scientific basis for

establishing an acidic deposition standard. The commenter did not

provide additional quantitative evidence for the Administrator to

consider. Therefore, the Administrator again concludes that the current

scientific uncertainties associated with determining the level(s) of an

acid deposition standard(s) are significant and current scientific

information does not provide an adequate basis for establishing a

standard to protect sensitive ecosystems from the effects of

acidification.

The commenter recognized EPA's concern that revision of the

secondary NAAQS may not be the best mechanism for addressing the

effects of acid rain and supported regionally-targeted regulatory

efforts. The Agency has initiated efforts to assess appropriate

regionally-targeted environmental goals for sensitive systems. For

instance, the ``Acid Deposition Standard Feasibility Study: Report to

Congress'' (U.S. EPA, 1995b) sets forth a range of regionally-specific

goals which were designed to help guide the policy maker when assessing

NOX control strategies and their potential for reducing nitrogen

deposition effects. The Agency will continue, as appropriate, to assess

the feasibility of developing other regionally-targeted tools and

policy

[[Page 52855]]

initiatives as additional scientific information emerges from ongoing

research.

2. Key public comments concerning eutrophication. The definition of

eutrophication and a detailed summary of the potential effects

associated with this process can be found in the October 11, 1995

proposal notice (60 FR 52833).

One concerned citizen's group has petitioned EPA to revise the

secondary standard for NO2, or to take such other measures as

required by the Act, to control NOX emissions to the Chesapeake

Bay and other coastal waters. However, without better quantitative

data, it is difficult to set a national standard which will adequately

protect sensitive ecosystems, such as the Chesapeake Bay, from the

effects of eutrophication. The commenter did not provide additional

quantitative data for the Administrator's review.

Even with limited quantitative information, the Administrator

acknowledges the importance of reducing the atmospheric nitrogen loads

into the Chesapeake Bay. The EPA has already initiated a number of

activities which may have an impact on lessening the effects of

atmospheric NOX deposition on nitrogen levels in the Bay. These

measures include the following: (1) Developing a coordinated,

multimedia approach for managing nutrient loads to coastal waters; (2)

incorporating priorities into EPA's strategic plan to address acid

deposition within the Mid-Atlantic region through reduction of nitrogen

emissions; and (3) setting numerical goals for the reduction of

NOX emissions (at the regional level) in compliance with programs

mandated under titles I and IV of the Act. In addition, an internal EPA

work group has recently been formed to develop a strategy for

identifying research needs relevant to nitrogen deposition.

Given the complexities associated with estimating the contribution

of nitrogen deposition to the eutrophication of estuarine and coastal

waters and the limited data currently available, the Administrator

again concludes that there is not sufficient quantitative information

to establish a national secondary standard to protect sensitive

ecosystems from the eutrophication effects caused by nitrogen

deposition. The Administrator also concludes that regional control

strategies which consider all of the factors contributing to

eutrophication are more likely to be effective in mitigating this

problem than a national standard which addresses only atmospheric

deposition of nitrogen compounds. Additional site-specific

investigations (such as the Chesapeake Bay Study; see 60 FR 52883 for

details) are needed to ascertain the most effective mitigation

strategies. Other commenters agreed with the Administrator's conclusion

that a revision to the secondary NAAQS based on concerns over

eutrophication is not warranted at this time.

3. Final decision on the secondary standard. For the reasons

discussed in the October 11, 1995 proposal notice (60 FR 52874) and

after taking into account the public comments as discussed above, the

Administrator again concludes, in her judgment, that the available

scientific and technical evidence assessed in the Criteria Document

(U.S. EPA, 1993) and Staff Paper (U.S. EPA, 1995a) does not provide an

adequate basis for setting a separate secondary standard for NO2

to address the effects associated with nitrogen deposition on

acidification of freshwater bodies and eutrophication of estuaries and

coastal waters. Given the multiple causes and regional character of

these problems, the Administrator also concludes that adoption of a

nationally-uniform secondary standard would not be an effective

approach to addressing them. Therefore, the Administrator has

determined, pursuant to section 109(d)(1) of the Act, as amended, that

it is not appropriate to revise the current secondary standard for

NO2 to protect against welfare effects at this time.

As provided for under the Act, the EPA will continue to assess the

scientific information on nitrogen-related effects as it emerges from

ongoing research and will update the air quality criteria accordingly.

These revised criteria should provide a more informed basis for

reaching a decision on whether a revised NAAQS or other regulatory

measures are needed in the future.

In the interim, the EPA and the States are in the process of

achieving significant reductions in NOX emissions from both mobile

and stationary sources in response to the Act's 1990 Amendments (Pub.

L. 101-549, 104 Stat. 2399 (1990)) and local or regional initiatives.

These actions include NOX emission reductions from the following:

(1) Stationary sources to meet the ozone NAAQS under title I of the

Act, (2) mobile sources through the Federal Motor Vehicle Control

Program under title II of the Act, and (3) electric utilities under

title IV. In addition, regional initiatives, such as the Ozone

Transport Assessment Group (which covers a 37-state area) and the

Chesapeake Bay Program, are considering the need for additional

NOX reductions beyond those that are mandated by law. The EPA

believes it is important to continue to recognize the benefits to the

environment that can be achieved by further reducing NOX

emissions. The NOX emissions reductions achieved through these

actions will provide additional protection against the environmental

impacts associated with the ozone NAAQS, visibility, eutrophication,

and acid deposition and will assure areas attain and maintain the

NO2 NAAQS.

C. Judicial Review

The EPA has decided (pursuant to the Act, section 109(d)(1)) that

no revision of the current primary or secondary NAAQS for NO2 is

appropriate. This decision is a final Agency action based on a

determination of nationwide scope and effect. This decision is

therefore subject to judicial review under the Act, section 307(b),

exclusively in the United States Court of Appeals for the District of

Columbia Circuit. Any petition for judicial review of this final Agency

action must be filed in that court within 60 days after October 8,

1996.

IV. Miscellaneous

A. Executive Order 12866

Under Executive Order 12866, the Agency must determine whether a

regulatory action is ``significant'' and, therefore, subject to Office

of Management and Budget (OMB) review and the requirements of the

Executive Order. The order defines ``significant regulatory action'' as

one that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

(2) create a serious inconsistency or otherwise interfere with an

action taken or planned by another Agency;

(3) materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations or recipients

thereof; or

(4) raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

Although EPA is not making any modification to the existing

NO2 NAAQS, OMB has advised EPA that this action should be

construed as a ``significant regulatory action'' within the meaning of

the Executive Order. Accordingly, this action was submitted to OMB for

review. Any suggestions or recommendations received from OMB have been

incorporated into the public record.

[[Page 52856]]

B. Regulatory Flexibility Analysis

The Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.) requires

Federal agencies to consider the impacts of certain proposed and final

regulations on small entities, which are defined as small businesses,

small organizations, and small governmental jurisdictions. These

requirements do not apply to any final administrative action which does

not involve rulemaking. The EPA does not interpret sections 109 and 307

of the Act to require use of rulemaking procedures in those instances

where the Agency decides not to initiate revision of existing NAAQS

after completing its periodic review. The EPA has determined that the

impact assessment requirements of the RFA are not applicable to this

final administrative action.

C. Impact on Reporting Requirements

There are no reporting requirements directly associated with an

ambient air quality standard promulgated under section 109 of the Act

(42 U.S.C. 7400). There are, however, reporting requirements associated

with related sections of the Act, particularly sections 107, 110, 160,

and 317 (42 U.S.C. 7407, 7410, 7460, and 7617). This final action will

not result in any changes in these reporting requirements since it

would retain the existing level and averaging times for both the

primary and secondary standards.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.

104-4, establishes requirements for Federal agencies to assess the

effects of their regulatory actions on State, local, and tribal

governments and the private sector. Under sections 202, 203, and 205,

respectively, of the UMRA, EPA generally must: (1) Prepare a written

statement, including a cost-benefit analysis, for proposed and final

rules with ``Federal mandates'' that may result in expenditures to

State, local and tribal governments, in the aggregate, or to the

private sector, of $100 million or more in any 1 year; (2) develop a

small government agency plan; and (3) identify and consider a

reasonable number of regulatory alternatives and adopt the least

costly, most cost-effective or least burdensome alternative that

achieves the objectives of the rule.

Because the Administrator has decided not to revise the existing

national primary and secondary standards for NO2, this action will

not impose any new expenditures on governments or on the private

sector, or establish any new regulatory requirements affecting small

governments. Accordingly, EPA has determined that the provisions of

sections 202, 203, and 205 of the URMA do not apply to this final

decision.

List of Subjects in 40 CFR Part 50

Environmental protection, Air pollution control, Carbon monoxide,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides.

Dated: October 1, 1996.

Carol M. Browner,

Administrator.

References

(1) ``Oregon Natural Resource Council vs. Carol M. Browner,''

No. 91-6529-HO (D. Or.) (1993).

(2) U.S. Environmental Protection Agency. (1982) Air Quality

Criteria for Oxides of Nitrogen. Research Triangle Park, NC: Office

of Health and Environmental Assessment, Environmental Criteria and

Assessment Office; EPA report no. EPA-600/8-82-026. Available from:

NTIS, Springfield, VA; PB83-131011.

(3) U.S. Environmental Protection Agency. (1993) Air Quality

Criteria for Oxides of Nitrogen. Research Triangle Park, NC: Office

of Health and Environmental Assessment, Environmental Criteria and

Assessment Office; EPA report no. EPA-600/8-91-049aF-cF, August

1993. Available from: NTIS, Springfield, VA.

(4) U.S. Environmental Protection Agency. (1995a) Review of the

National Ambient Air Quality Standards for Nitrogen Oxides:

Assessment of Scientific and Technical Information. OAQPS Staff

Paper. Office of Air Quality Planning and Standards; EPA report no.

EPA-452/R-95-005, September 1995.

(5) U.S. Environmental Protection Agency. (1995b) A SAB Report:

Review of the Acid Deposition Standard Feasibility Study Report to

Congress. Prepared by the Acid Deposition Effects Subcommittee of

the Ecological Processes and Effects Committee; EPA report no. EPA-

SAB-EPEC-95-019, September 1995.

(6) Wolff, G. T. (1993) CASAC closure letter for the 1993

Criteria Document for Oxides of Nitrogen addressed to U.S. EPA

Administrator Carol M. Browner dated September 30, 1993.

(7) Wolff, G. T. (1995) CASAC closure letter for the 1995 OAQPS

Staff Paper addressed to U.S. EPA Administrator Carol M. Browner

dated August 22, 1995.

[FR Doc. 96-25786 Filed 10-7-96; 8:45 am]

BILLING CODE 6560-50-P