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As EPA indicated, the rule will impose billions of dollars each year in compliance costs.

Here are a few potential developments: Once the final rule is published in the Federal Register, parties who wish to challenge it in the D. Circuit Court of Appeals will have 60 days to do so.

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The new rule retains the same averaging time (eight-hour) and form (annual fourth-highest daily maximum, averaged over three years) as the existing standard.

Thus, the revised standards would be met at an ambient air monitoring site when the three-year average of the annual fourth-highest daily maximum eight-hour average ozone concentration is less than or equal to 70 ppb.

Pursuant to the Clean Air Act, EPA must establish primary and secondary NAAQS for certain pollutants, the “emissions of which ... Primary NAAQS are set at levels requisite to protect the public health and allow for “an adequate margin of safety.” § 7409(b)(2).

cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare.” 42 U. Ozone is one of six regulated “criteria pollutants” under the NAAQS program.

(The others are nitrogen oxides, sulfur dioxides, lead, carbon monoxide, and particulate matter.) As part of its implementation of the Clean Air Act, EPA has divided the country into air quality regions.

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