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OAR Policy and Guidance Metarecord

Document Title/Subject:
Definition of "Regulated Air Pollutants"
Related Documents:
Signed by: Lydia Wegman

Signature Date: April 26, 1993

Kirt Cox Information Transfer and Program Integration Division (OAQPS)



Regulatory Authority:
Title 3
Title 5
Title 6
Information Transfer and Program Integration Division (OAQPS)
Submitted By:
Document Type:
Policy & Guidance Memos
EPA Document Number:

Federal Register:
Subject Category:
Environmental Protection Agency
Operating Permits
Air pollutants
Clean Air Act
Risk management
Toxic substances
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.
(16 pages)

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