OAR Policy and Guidance Metarecord
Definition of "Regulated Air Pollutants"
|Signed by: Lydia Wegman
Signature Date: April 26, 1993
Information Transfer and Program Integration Division (OAQPS)
Policy & Guidance Memos
EPA Document Number:
Environmental Protection Agency
Clean Air Act
This April 26, 1993 memo from Lydia Wegman of EPA's Office of Air Quality Planning and Standards (OAQPS) defines regulated air pollutants for purposes of Title V. This guidance lists the following as regulated pollutants: NOx and VOC (as ozone precursors); all pollutants for which a NAAQS has been promulgated (e.g., SO2, CO); any pollutant subject to a promulgated NSPS; any of the ozone-depleting substances specified as Class I or II under Title VI; and any pollutant subject to a standard promulgated under §112 or other requirements established under §112, including §112(g)(2), (j), and (r). If a pollutant is regulated for one source category by a standard or other requirement, then the pollutant is considered a regulated air pollutant for all source categories (except case-by-case MACT determinations under §112(g)(2)). A pollutant becomes regulated under §112(g)(2) when the determination is made, but only for that source. A pollutant becomes regulated under §112(j) upon the date the prov ision takes effect [i.e., 18 months after the missed deadline for the standard] for all sources. Section 112(r) pollutants become regulated pollutants upon promulgation of the list of §112(r) pollutants. For purposes of determining whether a source is major under §302(j), EPA interprets the §302(g) definition of "air pollutant" to mean only the pollutants subject to regulation under the Act. Act provisions to simply study a compound do not constitute regulation. States can establish de minimis thresholds below which emissions of a pollutant do not have to be addressed in a Title V permit application.