42 U.S.C. § 7409(a). The Act also requires EPA to review and revise as appropriate the NAAQS every five years, 42 U.S.C. § 7409(d)(1). Because EPA consistently misses Congressionally mandated deadlines, including the deadline to review and revise the NAAQS every five years, there is a 1997 ozone NAAQS and then the next ozone NAAQS is the 2008 ozone NAAQS, some 11 years, rather than five years, later.

42 U.S.C. § 7409(a). The Act also requires EPA to review and revise, as appropriate, the NAAQS every five years. 42 U.S.C. § 7409(d)(1). Because EPA consistently misses Congressionally mandated deadlines, including the deadline to review and revise the NAAQS every five years, there is a 1997 ozone NAAQS and then the next ozone NAAQS is the 2008 ozone NAAQS, some 11 years, rather than five years, later.

(emphasis added). 42 U.S.C. §§ 7409(d)(1), 7410(a)(1), 7407(d)(1)(B)(i), 7607(d)(1)(a). See EPA Memo at 8-9.

Ex. 1, Chinkin Dec. ¶12; 42 U.S.C. § 7409. Increasing the concentration of pollution with unpermitted emissions in areas already found to be out of compliance with federal standards is sufficient to establish irreparable harm.

Under Title I of the Act, EPA is charged with promulgating the National Ambient Air Quality Standards (“NAAQS”) for certain air pollutants. 42 U.S.C. § 7409. The Administrator has promulgated NAAQS for various pollutants, including particulate matter.

v. Costle, 625 F.2d at 1277. This makes sense in that this part of the Clean Water Act, where Congress is directing the agency and the states to determine what a clean and healthy environment is and to provide standards sufficient to protect that clean and healthy environment, operates like the ambient air standards requirements of the Clean Air Act, 42 U.S.C. § 7409. The Supreme Court has followed this reasoning in addressing issues under the Clean Air Act that are the same or similar to the ones 8 This is in contrast to other parts of the Clean Water Act where Congress either explicitly directs cost consideration or makes room for it through language, such as “maximum extent practicable” (municipal stormwater permit requirements) § 1342(p)(3)(B) or “best practicable control technology” (specific requirements for particular effluent limit guidelines) §1314(b) or “where attainable” (interim water quality goals pending full elimination of pollutant discharges and full restoration and protection of chemical, physical and biological quality) § 1251(a)(2).

” EPA must then establish “national ambient air quality standards”at levels “requisite to protect public health’’, allowing “an adequate margin ofsafety.” (42 U.S.C. § 7409; CAA § 109.) EPA hasset standards for six identified pollutants: ozone, nitrogen dioxide, sulfur dioxide, carbon monoxide,particulate matter (PM), and lead.

"Id. Agency (“EPA”) at levels that are “requisite to protect the public health,” 42 U.S.C. § 7409(b)(1), are established as concentrations of ozone or particulate matter and not as tonnages of their precursor pollutants. Attainment of a particular NAAQSoccurs when the concentration of the relevant pollutant remains below set threshold on a consistent basis throughout a particular region.

Consistent with that framework, EPA promulgated National Ambient Air Quality Standards (“NAAQS”) under the CAA for six pollutants: ground-level ozone, lead, sulfur dioxide, carbon monoxide, nitrogen dioxide, and particulate matter. 42 U.S.C. § 7409; see generally 40 C.F.R. Part 50. Under the CAA, EPA determines whether areas of a state comply with the NAAQS for those pollutants. The CAA then directs the states Case 5:13-cv-00690-D Document 10-1 Filed 09/06/13 Page 8 of 326:13-cv-00356-JHP Document 25 Filed in ED/OK on 12 20/13 Page 29 of 53 4 CHI-1900817 to adopt State Implementation Plans (“SIPs”) to achieve and maintain NAAQS. 42 U.S.C. § 7410(a).

Nor does EPA make any factual findings in either NOV to support its conclusory assertions that there 22 NAAQS set the overall quality of the air in the environment to protect human health and the environment with a margin of safety. See 42 U.S.C. § 7409(b); Sierra Club v. EPA, 314 F.3d 735, 737 (5th Cir. 2002). NAAQS are translated by States into limitations on individual sources or groups of sources in order to achieve the overall mandated quality of the ambient air.