40 C.F.R. § 50.19

National primary and secondary ambient air quality standards for ozone

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(a) The level of the national 8-hour primary ambient air quality standard for ozone (O3) is 0.070 parts per million (ppm), daily maximum 8-hour average, measured by a reference method based on appendix D to this part and designated in accordance with part 53 of this chapter or an equivalent method designated in accordance with part 53 of this chapter.

(b) The 8-hour primary O3 ambient air quality standard is met at an ambient air quality monitoring site when the 3-year average of the annual fourth-highest daily maximum 8-hour average O3 concentration is less than or equal to 0.070 ppm, as determined in accordance with appendix U to this part.

(c) The level of the national secondary ambient air quality standard for O3 is 0.070 ppm, daily maximum 8-hour average, measured by a reference method based on appendix D to this part and designated in accordance with part 53 of this chapter or an equivalent method designated in accordance with part 53 of this chapter.

(d) The 8-hour secondary O3 ambient air quality standard is met at an ambient air quality monitoring site when the 3-year average of the annual fourth-highest daily maximum 8-hour average O3 concentration is less than or equal to 0.070 ppm, as determined in accordance with appendix U to this part.

[80 FR 65452, Oct. 26, 2015]
Notes of Decisions
Cited in 1 case, 2016–2016 · leading case: Kansas v. Env't Prot. Agency, 638 F. App'x 11 (D.C. Cir. 2016).
Kansas v. Env't Prot. Agency, 638 F. App'x 11 (D.C. Cir. 2016). “26, 2015) (codified at 40 C.F.R. § 50.19 ). The EPA has up to two years after it sets a new standard to determine if a state is in compliance, or out of compliance (called “nonattainment”), with the NAAQS.”
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