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EPA must designate areas as meet<strong>in</strong>g (atta<strong>in</strong>ment) or fail<strong>in</strong>g to meet (nonatta<strong>in</strong>ment) the required<br />

standards. The CAA requires states to develop a general plan to atta<strong>in</strong> and ma<strong>in</strong>ta<strong>in</strong> the NAAQS<br />

<strong>in</strong> all areas of the country and a specific plan to atta<strong>in</strong> the standards for each area designated<br />

nonatta<strong>in</strong>ment for a NAAQS. State and local air quality management agencies develop these<br />

plans, known as State Implementation Plans (SIPs), and submit those plans to the EPA for<br />

approval. If a SIP is not acceptable, EPA can take over enforc<strong>in</strong>g the CAA <strong>in</strong> that state.<br />

Nitrogen Dioxide<br />

NO 2 forms when fuel is burned at high temperatures. The primary manmade sources of NO 2 are<br />

motor vehicles (49%) and electric utilities (27%).<br />

In 1971, EPA established the first primary and secondary NO 2 standard at 53 parts per billion<br />

(ppb) averaged annually. (40 C.F.R. § 50.11) In 2010, EPA established the first hourly NO 2<br />

standard. This new 1-hr standard is set at 100 ppb. (75 Fed. Reg. 6474)<br />

Ozone<br />

Ozone is primarily formed when nitrogen oxides and volatile organic compounds (VOCs) react<br />

<strong>in</strong> the presence of sunlight. Primary VOC contributors are automobile and <strong>in</strong>dustrial exhaust.<br />

S<strong>in</strong>ce the 1970’s, EPA has periodically revised the ozone NAAQS. In 1971, EPA set the first<br />

primary and secondary NAAQS at 0.08 parts per million (ppm) over a 1-hr averag<strong>in</strong>g period. In<br />

1979, the EPA revised the primary and secondary standards upward to 0.12 ppm. (40 C.F.R. §<br />

50.9) In 1997, EPA revised the primary and secondary standards back to 0.08 ppm, but changed<br />

the averag<strong>in</strong>g period to an 8-hr average concentration. (40 C.F.R. § 50.10) In 2008, EPA aga<strong>in</strong><br />

lowered primary and secondary standards to 0.075 ppm. (40 C.F.R. § 50.15)<br />

Sulfur Dioxide<br />

Sulfur dioxide primarily emitted from stationary sources such as coal-fired power plants, steel<br />

mills, ref<strong>in</strong>eries, and pulp and paper mills. Electric utilities produce about 70% of all sulfur<br />

dioxide.<br />

In 1971, EPA created two sulfur dioxide standards: (1) an annual average and (2) a maximum<br />

24-hour concentration. The annual average standard was set at 30 ppb. (40 C.F.R. § 50.4) The<br />

24-hour standard was set at 140 ppb. (40 C.F.R. § 50.4)<br />

In 2009, EPA proposed to establish a new 1-hr primary standard with<strong>in</strong> the range of 50 to 100<br />

ppb. In 2010, EPA established a new 1-hr standard at a level of 75 ppb. The EPA also revoked<br />

both exist<strong>in</strong>g 24-hr and annual primary standards. (75 Fed. Reg. 35520)<br />

243

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