40 C.F.R. § 50.7

National primary and secondary ambient air quality standards for PM2.5

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(a) The national primary and secondary ambient air quality standards for particulate matter are 15.0 micrograms per cubic meter (µg/m 3) annual arithmetic mean concentration, and 65 µg/m 3 24-hour average concentration measured in the ambient air as PM2.5 (particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) by either:

(1) A reference method based on appendix L of this part and designated in accordance with part 53 of this chapter; or

(2) An equivalent method designated in accordance with part 53 of this chapter.

(b) The annual primary and secondary PM2.5 standards are met when the annual arithmetic mean concentration, as determined in accordance with appendix N of this part, is less than or equal to 15.0 micrograms per cubic meter.

(c) The 24-hour primary and secondary PM2.5 standards are met when the 98 th percentile 24-hour concentration, as determined in accordance with appendix N of this part, is less than or equal to 65 micrograms per cubic meter.

[62 FR 38711, July 18, 1997, as amended at 69 FR 45595, July 30, 2004]

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1974–2024 · leading case: Whitman v. American Trucking Assns., Inc.

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Whitman v. American Trucking Assns., Inc. (2001) scotus · cites it 2× “38652 (codified in 40 CFR § 50.7 (1999)); NAAQS for Ozone, id.”

Catawba County v. Environmental Protection Agency (2009) cadc “38,652 (July 18, 1997). EPA promulgated annual and 24-hour PM2.”

ATK Launch Systems Inc. v. United States Environmental Protection Agency (2011) ca10 · cites it 2× “38,652 (July 18, 1997) (codified at 40 C.F.R. § 50.7 ). In 2006, EPA issued a revised NAAQS for PM2.”

MATTER OF SPITZER v. Farrell (2003) ny “5 (62 Fed Reg 38652 [July 18, 1997], codified at 40 CFR 50.7). Due to inadequate technology and insufficient data to calculate PM2.”

California Unions for Reliable Energy v. Mojave Desert Air Quality Management District (2009) calctapp “5 ( 40 C.F.R. § 50.7 (2009)). Areas that fail to meet the Standards are designated as “nonattainment” areas.”

UPROSE v. Power Authority (2001) nyappdiv “5 emissions (see, 40 CFR 50.7). Although the revised NAAQS were the subject of a legal challenge (see, American Trucking Assn.”

City of South Pasadena v. Slater (1999) cacd “” 40 C.F.R. § 50.7 (a)(2). 20 . The regulations require the FHWA to create long term transportation plans which will address "at least a twenty year planning horizon.”

Sierra Club v. Wyoming Department of Environmental Quality (2011) wyo “6 (PM); 40 CFR. §§ 50.7, 50.13 (PMgg); 42 U.S.C. § 7412 (b) (list of hazardous air pollutants, not including PMJ or PMg5).”

City of Chicago v. Commonwealth Edison Co. (1974) illappct “See 40 C.F.R. § 50.7 inclusive (1973). 3 See Restatement (Second) of Torts § 821B (Tent.”

Commonwealth v. Pennsylvania Power Co. (1978) pacommwct “40 C.F.R. §50.7 . This is not to infer that the promulgated DER air quality standard requires only utilization of that technology which is presently proven.”

City of South Pasadena v. Slater (1999) cacd “” 40 C.F.R. § 50.7 (a)(2). 3 . The regulations require FHWA to create long term transportation plans which will address "at least a twenty year planning horizon.”

American Trucking Associations, Inc. v. Environmental Protection Agency (2002) cadc “18, 1997) (codified at 40 C.F.R. § 50.7 (1999)) (“Particulate Matter NAAQS”).”

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