On May 4, 2012, in a filing with the U.S. District Court for the District of Columbia, the Environmental Protection Agency (“EPA”) stated that it planned to take final action on National Ambient Air Quality Standards (“NAAQS”) for particulate matter by August 15, 2013.  Under the Clean Air Act, EPA must review the standards every five years and, if necessary, revise those standards.  The deadline for reviewing NAAQS for particular matter was October 15, 2011.

EPA is currently involved in a lawsuit, brought on by the American Lung Association (“ALA”), over the missed deadline.  In the lawsuit, the ALA has requested that EPA take final action by October 15, 2012.  EPA, in its filing, stated that it has completed a substantial portion of the work in reviewing the standards, but would not be able to take final action by the ALA’s requested October deadline.  EPA stated that its proposed August deadline “reflects the most expeditious schedule that EPA reasonably can meet under the circumstances.”

The case is American Lung Association v. EPA.  The case number is 1:12-cv-00243.