A federal appeals court today rejected industry challenges to U.S. EPA’s most recent nitrogen dioxide air quality standards.
The U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of EPA over claims made by the American Petroleum Institute and other industry groups.
The February 2010 rule set new one-hour maximum National Ambient Air Quality Standards at 100 parts per billion, a move aimed at tackling short-term elevated levels near roads.
The change was needed, the agency said, because epidemiological studies showed the harmful effect of increased NO2 levels on human health, particularly on those with asthma.
EPA retained the existing annual standard of 53 ppb.
The challengers claimed the rule’s adoption was arbitrary and capricious under the Administrative Procedure Act in part because EPA violated its own requirements that it rely on published, peer-reviewed studies when reviewing National Ambient Air Quality Standards, known in EPA-speak as NAAQS.
