(a) National primary and secondary ambient air quality standards under section 109 of the Act are set forth in this part.
(b) National primary ambient air quality standards define levels of air quality which the Administrator judges are necessary, with an adequate margin of safety, to protect the public health. National secondary ambient air quality standards define levels of air quality which the Administrator judges necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant. Such standards are subject to revision, and additional primary and secondary standards may be promulgated as the Administrator deems necessary to protect the public health and welfare.
(c) The promulgation of national primary and secondary ambient air quality standards shall not be considered in any manner to allow significant deterioration of existing air quality in any portion of any State or Indian country.
(d) The proposal, promulgation, or revision of national primary and secondary ambient air quality standards shall not prohibit any State or Indian country from establishing ambient air quality standards for that State or area under a tribal CAA program or any portion thereof which are more stringent than the national standards.
[36 FR 22384, Nov. 25, 1971, as amended at 63 FR 7274, Feb. 12, 1998]
Notes of Decisions
Porterfield v. Audubon Indem. Co., 856 So. 2d 789 (Ala. 2002).
“40 C.F.R. § 50.2 , 50.12 . In Shalimar , supra , the district court listed other federal statutes and regulations that classify lead as a contaminant in various settings.”
Lititz Mut. Ins. v. Steely, 746 A.2d 607 (Pa. Super. Ct. 1999).
· cites it 2× “Leger, supra ; 40 C.F.R. §§ 50.2 , 50.12. ¶ 12 Thus, lead-based paint is not innocuous; exposure to lead in lead-based paint has been extensively studied and its deleterious effects are well known.”
St. Leger v. Am. Fire & Cas. Ins., 870 F. Supp. 641 (E.D. Pa. 1994).
“Exposure to lead from lead-contaminated dust or lead-contaminated paint that would result in adverse human health effects is labelled a “hazard” in the Residential Lead-Based Paint Hazard Reduction Act of 1992.”
Sierra Club v. Ruckelshaus, 344 F. Supp. 253 (D.D.C. 1972).
“On the one hand, 40 C.F.R. § 50.2 (c) (1970) provides: “The promulgation of national primary and secondary air quality standards shall not be considered in any manner to allow significant deterioration of existing air quality in any portion of any State.”
Keith v. Volpe, 352 F. Supp. 1324 (C.D. Cal. 1972).
“” 40 C.F.R. § 50.2 (b). Appendices attached to these standards, moreover, describe in detail methods for sampling and analyzing each of the specified pollutants.”
Consolidation Coal Co. v. Costle, 483 F. Supp. 1003 (S.D. Ohio 1979).
· cites it 2× “§ 7409 (b)(1); 40 C.F.R. § 50.2 . This case is complicated by the fact that the standards are to be based on “criteria” which are also required to be developed and issued by the Administrator.”
Auto-owners Ins. Co. v. Hous. Author., City of Tampa, 121 F. Supp. 2d 1365 (M.D. Fla. 1999).
“Lead has been identified by federal regulations as a pollutant “in the context of ambient air quality mandated by the Clean Air Act [at] 40 C.F.R. §§ 50.2 , 50.12.” See Leger, 870 F.”
MS Comm. Environ. Quality v. EPA (D.C. Cir. 2015).
· cites it 2× “It also “has a broad array of effects on trees, 2 “Primary” NAAQS exist to protect the “public health,” 40 C.F.R. § 50.2 (b), and they ensure the safety of “sensitive” populations such as asthmatics, children and the elderly.”
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