Federal common law is displaced where EPA has authority to act on the issue under the CAA even though EPA has not yet exercised its authority.

Clean Air Act § 182(d), 42 U.S.C. § 7511a(d).SIPs for nonattainment areas for ozone that are classified as severe must must meet all the requirements for serious areas (including those for moderate and marginal areas), except to the extent that the requirements for serious areas are stricter, and, in addition, all the requirements for severe areas.

See National Petrochemical & Refiners Ass'n v. EPA, 287 F.3d 1130, 1149 (D.C. Cir. 2002) (per curiam).The failure to include information in the docket is reversible error only if it is critical information on which EPA relied.

Clean Air Act § 302(h), 42 U.S.C. § 7602(h)."All language referring to effects on welfare includes, but is not limited to, effects on soils, 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, whether caused by transformation, conversion, or combination with other air pollutants."