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. § 50.8

National primary ambient air quality standards for carbon monoxide

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(a) The national primary ambient air quality standards for carbon monoxide are:

(1) 9 parts per million (10 milligrams per cubic meter) for an 8-hour average concentration not to be exceeded more than once per year and

(2) 35 parts per million (40 milligrams per cubic meter) for a 1-hour average concentration not to be exceeded more than once per year.

(b) The levels of carbon monoxide in the ambient air shall be measured by:

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

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

(c) An 8-hour average shall be considered valid if at least 75 percent of the hourly average for the 8-hour period are available. In the event that only six (or seven) hourly averages are available, the 8-hour average shall be computed on the basis of the hours available using six (or seven) as the divisor.

(d) When summarizing data for comparision with the standards, averages shall be stated to one decimal place. Comparison of the data with the levels of the standards in parts per million shall be made in terms of integers with fractional parts of 0.5 or greater rounding up.

[50 FR 37501, Sept. 13, 1985]
Notes of Decisions
Cited in 19 cases, 1973–2017 · leading case: Midwest Fam. Mut. Ins. Co. v. Wolters, 831 N.W.2d 628 (Minn. 2013).
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Midwest Fam. Mut. Ins. Co. v. Wolters, 831 N.W.2d 628 (Minn. 2013). “40 C.F.R. § 50.8 (2012). The Minnesota Pollution Control Agency classifies carbon monoxide as a “criteria pollutant” that it actively regulates.”
Richardson v. Nationwide Mut. Ins., 826 A.2d 310 (D.C. 2003). · cites it 2× “§§ 7407 , 7476(a), 7512(2000), and the National Primary Ambient Air Quality Standards for Carbon Monoxide, 40 C.F.R. § 50.8 (2002). As a substance whose "inhalation .”
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 3× “However, this study used 'grab sample' spot readings, not EPA's suggested method for the determination and sampling of carbon monoxide, 40 C.F.R. 50.8, Appendix C. 54 More significantly, Massport has had the record supplemented with the results of its own testing at a Logan site…”
Wilder v. Thomas, 854 F.2d 605 (2d Cir. 1988). · cites it 3× “See § 7409 (National Primary and Secondary Air Quality Standards); 40 C.F.R. § 50.8 (1987); Council of Commuter Orgs.”
State of Arizona v. Lee M. Thomas, Adm'r, U.S. Env't Prot. Agency, 824 F.2d 745 (9th Cir. 1987). “6 (ambient air quality standard for particulate matter); 40 C.F.R. § 50.8 (ambient air quality standard for carbon monoxide).”
Coalition Against Columbus Ctr. v. City of New York, 769 F. Supp. 478 (S.D.N.Y. 1991). · cites it 3× “See 40 C.F.R. § 50.8 (a)(1) (9 ppm eight hour level “not to be exceeded”).”
Colony Ins. Co. v. Victory Constr. LLC, 239 F. Supp. 3d 1279 (D. Or. 2017). “10 (citing 40 C.F.R. § 50.8 (2012)). In addition, the federal Environmental Protection Agency and the Oregon Department of Environmental Quality identify carbon monoxide as one of six “criteria pollutants.”
South Terminal Corp. v. Env't Prot. Agency, 504 F.2d 646 (1st Cir. 1974). · cites it 3× “However, this study used “grab sample” spot readings, not EPA’s suggested method for the determination and sampling of carbon monoxide, 40 C.F.R. § 50.8 , Appendix C. More significantly, Massport has had the record supplemented with the results of its own testing at a Logan site…”
Sierra Club v. Jackson, 724 F. Supp. 2d 33 (D.D.C. 2010). “§§ 7408-7409; see 40 C.F.R. 50.8, 50.12, 50.15. Each state, in turn, promulgates a State Implementation Plan (“SIP”) to set out its means for attaining NAAQS or for protecting air standards in areas that have already attained NAAQS, and it submits its SIP to the EPA for approval.”
Movement Against Destruction v. Volpe, 361 F. Supp. 1360 (D. Maryland 1973). “Secondary ambient air quality standards are those standards specifying a “level of air quality the attainment and maintenance of which in the judgment of the Administrator * * * is requisite to protect the public welfare from any known or anticipated adverse effects associated…”
Env't Integrity Proj. v. United States Env't Prot. Agency, 160 F. Supp. 3d 50 (D.D.C. 2015). “§§ 7408-7409 , and 40 C.F.R. §§ 50.8 , 50.12, 50.15. The statute directs that the EPA Administrator “shall from time to time .”
Movement Against Destruction v. Trainor, 400 F. Supp. 533 (D. Maryland 1975). “40 C.F.R. § 50.8 , 36 F.R. 22384 (Nov. 25, 1971).”
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