C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 50—NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS

40 C.F.R. § 50.1

Definitions

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(a) As used in this part, all terms not defined herein shall have the meaning given them by the Act.

(b) Act means the Clean Air Act, as amended (42 U.S.C. 1857-18571, as amended by Pub. L. 91-604).

(c) Agency means the Environmental Protection Agency.

(d) Administrator means the Administrator of the Environmental Protection Agency.

(e) Ambient air means that portion of the atmosphere, external to buildings, to which the general public has access.

(f) Reference method means a method of sampling and analyzing the ambient air for an air pollutant that is specified as a reference method in an appendix to this part, or a method that has been designated as a reference method in accordance with part 53 of this chapter; it does not include a method for which a reference method designation has been cancelled in accordance with § 53.11 or § 53.16 of this chapter.

(g) Equivalent method means a method of sampling and analyzing the ambient air for an air pollutant that has been designated as an equivalent method in accordance with part 53 of this chapter; it does not include a method for which an equivalent method designation has been cancelled in accordance with § 53.11 or § 53.16 of this chapter.

(h) Traceable means that a local standard has been compared and certified either directly or via not more than one intermediate standard, to a primary standard such as a National Bureau of Standards Standard Reference Material (NBS SRM), or a USEPA/NBS-approved Certified Reference Material (CRM).

(i) Indian country is as defined in 18 U.S.C. 1151.

(j) Exceptional event means an event(s) and its resulting emissions that affect air quality in such a way that there exists a clear causal relationship between the specific event(s) and the monitored exceedance(s) or violation(s), is not reasonably controllable or preventable, is an event(s) caused by human activity that is unlikely to recur at a particular location or a natural event(s), and is determined by the Administrator in accordance with 40 CFR 50.14 to be an exceptional event. It does not include air pollution relating to source noncompliance. Stagnation of air masses and meteorological inversions do not directly cause pollutant emissions and are not exceptional events. Meteorological events involving high temperatures or lack of precipitation (i.e., severe, extreme or exceptional drought) also do not directly cause pollutant emissions and are not considered exceptional events. However, conditions involving high temperatures or lack of precipitation may promote occurrences of particular types of exceptional events, such as wildfires or high wind events, which do directly cause emissions.

(k) Natural event means an event and its resulting emissions, which may recur at the same location, in which human activity plays little or no direct causal role. For purposes of the definition of a natural event, anthropogenic sources that are reasonably controlled shall be considered to not play a direct role in causing emissions.

(l) Exceedance with respect to a national ambient air quality standard means one occurrence of a measured or modeled concentration that exceeds the specified concentration level of such standard for the averaging period specified by the standard.

(m) Prescribed fire is any fire intentionally ignited by management actions in accordance with applicable laws, policies, and regulations to meet specific land or resource management objectives.

(n) Wildfire is any fire started by an unplanned ignition caused by lightning; volcanoes; other acts of nature; unauthorized activity; or accidental, human-caused actions, or a prescribed fire that has developed into a wildfire. A wildfire that predominantly occurs on wildland is a natural event.

(o) Wildland means an area in which human activity and development are essentially non-existent, except for roads, railroads, power lines, and similar transportation facilities. Structures, if any, are widely scattered.

(p) High wind dust event is an event that includes the high-speed wind and the dust that the wind entrains and transports to a monitoring site.

(q) High wind threshold is the minimum wind speed capable of causing particulate matter emissions from natural undisturbed lands in the area affected by a high wind dust event.

(r) Federal land manager means, consistent with the definition in 40 CFR 51.301, the Secretary of the department with authority over the Federal Class I area (or the Secretary's designee) or, with respect to Roosevelt-Campobello International Park, the Chairman of the Roosevelt-Campobello International Park Commission.

[36 FR 22384, Nov. 25, 1971, as amended at 41 FR 11253, Mar. 17, 1976; 48 FR 2529, Jan. 20, 1983; 63 FR 7274, Feb. 12, 1998; 72 FR 13580, Mar. 22, 2007; 81 FR 68276, Oct. 3, 2016]
Notes of Decisions
Cited in 38 cases, 1973–2020 · leading case: Nat. Resources Def. Council v. Env't Prot. Agency, 559 F.3d 561 (D.C. Cir. 2009).
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Nat. Resources Def. Council v. Env't Prot. Agency, 559 F.3d 561 (D.C. Cir. 2009). · cites it 11× “22, 2007) (codified at 40 C.F.R. §§ 50.1 , 50.14, 51.930). The final rule's definition of "exceptional events," codified at 40 C.”
Bahr v. U.S. Env't Prot. Agency, 836 F.3d 1218 (9th Cir. 2016). · cites it 6× “The Treatment of Data Guidance states that increased particulate matter concentrations “raised by unusually high winds will be treated as due to uncontrollable natural events where (1) the dust originated from nonanthropogenic sources, or (2) the dust originated from 5 40 C.F.R.…”
Kor-Ko Ltd. v. Maryland Dep't of the Env't, 152 A.3d 841 (Md. 2017). · cites it 2× “” 40 C.F.R. § 50.1 (e). Drawing from this definition, the MDE argues that, because the record does not indicate that the general public has access to the rooftop of the Kor-Ko/MC building, the air surrounding the rooftop air handlers does not constitute “ambient air.”
Hancock v. Train, 426 U.S. 167 (1976). “Title 40 CFR § 50.1 (e) (1975) defines “ambient air” as “that portion of the atmosphere, external to buildings, to which the general public has access.”
Ukeiley v. U.S. Envtl. Prot. Agency, 896 F.3d 1158 (10th Cir. 2018). · cites it 2× “40 C.F.R 50.1(j) (second emphasis added).”
Friends of Buckingham v. State Air Pollution Control, 947 F.3d 68 (4th Cir. 2020). “” 40 C.F.R. § 50.1 (e). 5 “protect the public health,” allowing an “adequate margin for safety.”
Kings Cnty. Farm Bureau v. City of Hanford, 221 Cal. App. 3d 692 (Cal. Ct. App. 1990). “” ( 40 C.F.R. § 50.1 (e) (1989).) Ambient air quality levels or standards are to be distinguished from “emission” levels or standards.”
San Juan Citizens All. v. U.S. Bureau of Land Mgmt., 326 F. Supp. 3d 1227 (D.N.M. 2018). “§ 7408 (directing the EPA establish national ambient air quality standards); 40 C.F.R. § 50.1 et seq. , (setting national ambient air quality standards for criteria pollutants).”
South Terminal Corp. v. Env't Prot. Agency, & Russell E. Train, Adm'r, Massachusetts Port Auth. v. Env't Prot. Agency, & Russell E. Train, Adm'r, Sears, Roebuck & Co. v. Env't Prot. Agency, Gulf Oil Corp. v. Env't Prot. Agency, Texaco, Inc. v. Env't Prot. Agency, Fitz-Inn Auto Parks, Inc. v. Env't Prot. Agency, Pilgrim Parking Inc., a Massachusetts Corp. v. Env't Prot. Agency, Marvin A. Meyers, as He is President of Pilgrim Parking Inc., a Massachusetts Corp. v. Env't Prot. Agency, Associated Dry Good Corp. Etc. v. Env't Prot. Agency, 504 F.2d 646 (1st Cir. 1974). · cites it 2× “However, the author of the study expressed doubts whether it was accurately reporting on 'ambient air' as that term is defined in 40 C.F.R. 50.1(e). Moreover, it was published after the plan was announced and interested parties have not had an opportunity to criticize the…”
Alaska Wilderness League v. United States Env't Prot. Agency, 727 F.3d 934 (9th Cir. 2013). “Cos-tie, EPA Administrator, to Senator Jennings Randolph, Chairman of the Environment and Public Works Committee (Dec.”
Vill. of Bensenville v. City of Chicago, 906 N.E.2d 556 (Ill. App. Ct. 2009). “(2000)) and lead levels according to the National Primary & Secondary Ambient Air Quality Standards (NAAQS) ( 40 C.F.R. §50.1 et seq. (2008)). CRA derived from the AHERA and the NAAQS certain “action” and “trigger” levels for lead and asbestos.”
Movement Against Destruction v. Volpe, 361 F. Supp. 1360 (D. Maryland 1973). “See 40 C.F.R. § 50.1 et seq. The action method of the Act dealing with emissions from motor vehicles and other moving sources relates to the regulation of the amounts of certain pollutants from the moving sources themselves and not to the highways upon which the moving sources…”
Show all 38 citing cases →
— 40 C.F.R. § 50.1(e) — 1 case
South Terminal Corp. v. Env't Prot. Agency, & Russell E. Train, Adm'r, Massachusetts Port Auth. v. Env't Prot. Agency, & Russell E. Train, Adm'r, Sears, Roebuck & Co. v. Env't Prot. Agency, Gulf Oil Corp. v. Env't Prot. Agency, Texaco, Inc. v. Env't Prot. Agency, Fitz-Inn Auto Parks, Inc. v. Env't Prot. Agency, Pilgrim Parking Inc., a Massachusetts Corp. v. Env't Prot. Agency, Marvin A. Meyers, as He is President of Pilgrim Parking Inc., a Massachusetts Corp. v. Env't Prot. Agency, Associated Dry Good Corp. Etc. v. Env't Prot. Agency, 504 F.2d 646 (1st Cir. 1974). “However, the author of the study expressed doubts whether it was accurately reporting on 'ambient air' as that term is defined in 40 C.F.R. 50.1(e). Moreover, it was published after the plan was announced and interested parties have not had an opportunity to criticize the…”
— 40 C.F.R. § 50.1(j) — 2 cases
Bahr v. U.S. Env't Prot. Agency, 836 F.3d 1218 (9th Cir. 2016). “The Treatment of Data Guidance states that increased particulate matter concentrations “raised by unusually high winds will be treated as due to uncontrollable natural events where (1) the dust originated from nonanthropogenic sources, or (2) the dust originated from 5 40 C.F.R.…”
Ukeiley v. U.S. Envtl. Prot. Agency, 896 F.3d 1158 (10th Cir. 2018). “40 C.F.R 50.1(j) (second emphasis added).”
— 40 C.F.R. § 50.1(k) — 1 case
Ukeiley v. U.S. Envtl. Prot. Agency, 896 F.3d 1158 (10th Cir. 2018). “40 C.F.R 50.1(j) (second emphasis added).”
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