42 U.S.C. § 7409 : US Code - Section 7409: National primary and secondary ambient air quality standards

Search 42 U.S.C. § 7409 : US Code - Section 7409: National primary and secondary ambient air quality standards

(a) Promulgation
(1) The Administrator -
(A) within 30 days after December 31, 1970, shall publish
proposed regulations prescribing a national primary ambient air
quality standard and a national secondary ambient air quality
standard for each air pollutant for which air quality criteria
have been issued prior to such date; and
(B) after a reasonable time for interested persons to submit
written comments thereon (but no later than 90 days after the
initial publication of such proposed standards) shall by
regulation promulgate such proposed national primary and
secondary ambient air quality standards with such modifications
as he deems appropriate.
(2) With respect to any air pollutant for which air quality
criteria are issued after December 31, 1970, the Administrator
shall publish, simultaneously with the issuance of such criteria
and information, proposed national primary and secondary ambient
air quality standards for any such pollutant. The procedure
provided for in paragraph (1)(B) of this subsection shall apply to
the promulgation of such standards.
(b) Protection of public health and welfare
(1) National primary ambient air quality standards, prescribed
under subsection (a) of this section shall be ambient air quality
standards the attainment and maintenance of which in the judgment
of the Administrator, based on such criteria and allowing an
adequate margin of safety, are requisite to protect the public
health. Such primary standards may be revised in the same manner as
promulgated.
(2) Any national secondary ambient air quality standard
prescribed under subsection (a) of this section shall specify a
level of air quality the attainment and maintenance of which in the
judgment of the Administrator, based on such criteria, is requisite
to protect the public welfare from any known or anticipated adverse
effects associated with the presence of such air pollutant in the
ambient air. Such secondary standards may be revised in the same
manner as promulgated.
(c) National primary ambient air quality standard for nitrogen
dioxide
The Administrator shall, not later than one year after August 7,
1977, promulgate a national primary ambient air quality standard
for NO2 concentrations over a period of not more than 3
hours unless, based on the criteria issued under section 7408(c) of
this title, he finds that there is no significant evidence that
such a standard for such a period is requisite to protect public
health.
(d) Review and revision of criteria and standards; independent
scientific review committee; appointment; advisory functions
(1) Not later than December 31, 1980, and at five-year intervals
thereafter, the Administrator shall complete a thorough review of
the criteria published under section 7408 of this title and the
national ambient air quality standards promulgated under this
section and shall make such revisions in such criteria and
standards and promulgate such new standards as may be appropriate
in accordance with section 7408 of this title and subsection (b) of
this section. The Administrator may review and revise criteria or
promulgate new standards earlier or more frequently than required
under this paragraph.
(2)(A) The Administrator shall appoint an independent scientific
review committee composed of seven members including at least one
member of the National Academy of Sciences, one physician, and one
person representing State air pollution control agencies.
(B) Not later than January 1, 1980, and at five-year intervals
thereafter, the committee referred to in subparagraph (A) shall
complete a review of the criteria published under section 7408 of
this title and the national primary and secondary ambient air
quality standards promulgated under this section and shall
recommend to the Administrator any new national ambient air quality
standards and revisions of existing criteria and standards as may
be appropriate under section 7408 of this title and subsection (b)
of this section.
(C) Such committee shall also (i) advise the Administrator of
areas in which additional knowledge is required to appraise the
adequacy and basis of existing, new, or revised national ambient
air quality standards, (ii) describe the research efforts necessary
to provide the required information, (iii) advise the Administrator
on the relative contribution to air pollution concentrations of
natural as well as anthropogenic activity, and (iv) advise the
Administrator of any adverse public health, welfare, social,
economic, or energy effects which may result from various
strategies for attainment and maintenance of such national ambient
air quality standards.