40 C.F.R. § 50.11

National primary and secondary ambient air quality standards for oxides of nitrogen (with nitrogen dioxide as the indicator)

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(a) The level of the national primary annual ambient air quality standard for oxides of nitrogen is 53 parts per billion (ppb, which is 1 part in 1,000,000,000), annual average concentration, measured in the ambient air as nitrogen dioxide.

(b) The level of the national primary 1-hour ambient air quality standard for oxides of nitrogen is 100 ppb, 1-hour average concentration, measured in the ambient air as nitrogen dioxide.

(c) The level of the national secondary ambient air quality standard for nitrogen dioxide is 0.053 parts per million (100 micrograms per cubic meter), annual arithmetic mean concentration.

(d) The levels of the standards shall be measured by:

(1) A reference method based on appendix F to this part; or

(2) By a Federal equivalent method (FEM) designated in accordance with part 53 of this chapter.

(e) The annual primary standard is met when the annual average concentration in a calendar year is less than or equal to 53 ppb, as determined in accordance with appendix S of this part for the annual standard.

(f) The 1-hour primary standard is met when the three-year average of the annual 98th percentile of the daily maximum 1-hour average concentration is less than or equal to 100 ppb, as determined in accordance with appendix S of this part for the 1-hour standard.

(g) The secondary standard is attained when the annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to three decimal places (fractional parts equal to or greater than 0.0005 ppm must be rounded up). To demonstrate attainment, an annual mean must be based upon hourly data that are at least 75 percent complete or upon data derived from manual methods that are at least 75 percent complete for the scheduled sampling days in each calendar quarter.

[75 FR 6531, Feb. 9, 2010]

Notes of Decisions

Cited in 9 cases, 1973–2013 · leading case: Alaska Dep't of Env't Conservation v. Env't Prot. Agency, 540 U.S. 461 (2004).

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Alaska Dep't of Env't Conservation v. Env't Prot. Agency, 540 U.S. 461 (2004). · cites it 2× “40 CFR § 50.11 (2002). [1] Under § 110 of the Act, also added in 1970, each State must submit for EPA approval "a plan which provides for implementation, maintenance, and enforcement of [NAAQS].”

Sierra Club v. Moser, 310 P.3d 360 (Kan. 2013). “6474 (February 9, 2010) (final rule, effective April 12, *49 2010, for 1-hour primary N02 standard); 75 Fed.”

Am. Petroleum Inst. v. Env't Prot. Agency, 684 F.3d 1342 (D.C. Cir. 2012). “9, 2010) (codified at 40 C.F.R. § 50.11 (f)). The EPA concluded this standard was needed “to provide protection for asthmatics and other at-risk populations against an array of adverse respiratory health effects related to short-term N02 exposure.”

Delaware Citizens for Clean Air, Inc., a Delaware Corp. v. Adm'r U. S. Env't Prot. Agency & William D. Ruckelshaus, 480 F.2d 972 (3rd Cir. 1973). · cites it 2× “The standard for nitrogen dioxide, which is both primary and secondary, is in 40 C.F.R. § 50.11 (1972). The EPA has also promulgated guidelines for the control strategies that should appear in state implementation plans where the ambient levels of a pollutant exceed the…”

Movement Against Destruction v. Trainor, 400 F. Supp. 533 (D. Maryland 1975). “40 C.F.R. § 50.11 , 36 F.R. 22384 (Nov. 25, 1971).”

Concerned Residents of Yough, Inc. v. Deparment of Env't Resources, 639 A.2d 1265 (Pa. Commw. Ct. 1994). “The Department has determined that the nitric acid fuming incidents have not caused an exceedence of the federal ambient air quality standards for nitrogen oxides at 40 CFR 50.11. The Department has further determined that pursuant to 25 Pa.”

FRIENDS OF AGR. v. Zimmerman, 51 S.W.3d 64 (Mo. Ct. App. 2001). “[66] 40 C.F.R. § 50.11 . [67] 40 C.F.R. § 50.12 .”

Nat. Resources Def. Council, Inc. v. U. S. Env't Prot. Agency, 655 F.2d 318 (D.C. Cir. 1981). “40 C.F.R. § 50.11 (1979). . The statutory standard for oxides of nitrogen applies only to light-duty vehicles, see Act § 202(b)(1)(B).”

Env't Def. Fund, Inc. v. Adm'r of United States Env't Prot. Agency, 898 F.2d 183 (D.C. Cir. 1990). “7 (1977); 40 CFR § 50.11 (1988); § 163(b), 42 U.S.C.”

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