The Clean Air Act Requires Periodic Review of the

United States federal law to command air pollution

Clean Air Act
Great Seal of the United States
Long title An Act to improve, strengthen, and advance programs for the prevention and abatement of air pollution, as amended.
Acronyms (colloquial) CAA
Codification
U.S.C. sections created 42 U.s.C. ch. 85 (§§ 7401-7671q)
Major amendments
Clean Air Act of 1963 (77 Stat. 392, Pub.L. 88–206)
Motor Vehicle Air Pollution Control Human action of 1965 (79 Stat. 992, Pub.50. 89–272)
Air Quality Act of 1967 (81 Stat. 485, Pub.L. 90–148)
Make clean Air Amendments of 1970 (84 Stat. 1676, Pub.L. 91–604)
Clean Air Act Amendments of 1977 (91 Stat. 685, Pub.L. 95–95)
Clean Air Deed Amendments of 1990 (104 Stat. 2468, Pub.L. 101–549)
Us Supreme Court cases
  • Marriage Elec. Co. 5. EPA, 427 U.South. 246 (1976)
  • Chevron five. NRDC, 467 U.S. 837 (1984)
  • Whitman v. Am. Trucking Ass'ns, 531 U.Due south. 457 (2001)
  • Alaska Section of Environmental Conservation v. EPA, 540 U.S. 461 (2004)
  • Engineer Manufacturers Association v. South Coast Air Quality Management District, 541 U.S. 246 (2004)
  • Department of Transportation 5. Public Citizen, 541 U.Southward. 752 (2004)
  • Massachusetts v. EPA, 549 U.S. 497 (2007)
  • Environmental Defense v. Duke Energy Corp., 549 U.S. 561 (2007)
  • American Electric Power Co. v. Connecticut, 564 U.S. 410 (2011)
  • EPA v. EME Homer City Generation, L. P., 572 U.South. 489 (2014)
  • Utility Air Regulatory Group v. Environmental Protection Agency, 573 U.S. 302 (2014)
  • Michigan five. EPA, No. xiv-46, 576 U.Due south. ___ (2015)
  • HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Assn., No. 20-472, 594 U.S. ___ (2021)
  • Due west Virginia v. EPA (pending)

The Clean Air Act (CAA) is the The states' main federal air quality law, intended to reduce and control air pollution nationwide. Initially enacted in 1963 and amended many times since, it is one of the Us' first and near influential modernistic environmental laws.

As with many other major U.S. federal environmental statutes, the Clean Air Human action is administered by the U.Southward. Environmental Protection Agency (EPA), in coordination with state, local, and tribal governments.[one] : ii–3 EPA develops extensive administrative regulations to bear out the police's mandates. The associated regulatory programs are frequently technical and complex. Among the most important, the National Ambient Air Quality Standards program sets standards for concentrations of certain pollutants in outdoor air; the National Emissions Standards for Hazardous Air Pollutants programme sets standards for emissions of particular hazardous pollutants from specific sources. Other programs create requirements for vehicle fuels, industrial facilities, and other technologies and activities that impact air quality. Newer programs tackle specific bug, including acid rain, ozone layer protection, and climate modify.

Although its exact benefits depend on what is counted, the Make clean Air Act has essentially reduced air pollution and improved US air quality—benefits which EPA credits with saving trillions of dollars and many thousands of lives each yr.

Regulatory programs [edit]

In the United States, the "Clean Air Act" typically refers to the codified statute at 42 U.Due south.C. ch. 85. That statute is the production of multiple acts of Congress, one of which—the 1963 act—was actually titled the Clean Air Act, and another of which—the 1970 human action—is most often referred to every bit such. In the U.Southward. Code, the statute itself is divided into subchapters, and the section numbers are not conspicuously related to the subchapters. However in the bills that created the police, the major divisions are chosen "Titles", and the law's sections are numbered according to the title (e.g., Title 2 begins with Section 201).[2] In practice, EPA, courts, and attorneys oft use the latter numbering scheme.

Although many parts of the statute are quite detailed, others fix out but the general outlines of the law's regulatory programs, and leave many key terms undefined. Responsible agencies, primarily EPA, have therefore developed administrative regulations to acquit out Congress'southward instructions. EPA's proposed and terminal regulations are published in the Federal Register, often with lengthy groundwork histories. The existing CAA regulations are codified at 40 C.F.R. Subchapter C, Parts l–98.[iii] These Parts more oftentimes represent to the Clean Air Human activity'southward major regulatory programs.

Today, the following are major regulatory programs nether the Clean Air Act.

National Ambient Air Quality Standards [edit]

The National Ambient Air Quality Standards (NAAQS) govern how much ground-level ozone (Oiii), carbon monoxide (CO), particulate thing (PM10, PMii.5), atomic number 82 (Pb), sulfur dioxide (SO2), and nitrogen dioxide (NO2) are allowed in the outdoor air.[four] The NAAQS set the adequate levels of certain air pollutants in the ambient air in the United States. Prior to 1965, at that place was no national program for developing ambient air quality standards, and prior to 1970 the federal government did non have principal responsibleness for developing them. The 1970 CAA amendments required EPA to determine which air pollutants posed the greatest threat to public health and welfare and promulgate NAAQS and air quality criteria for them. The health-based standards were called "master" NAAQS, while standards prepare to protect public welfare other than health (e.g., agricultural values) were called "secondary" NAAQS. In 1971, EPA promulgated regulations for sulfur oxides, particulate matter, carbon monoxide, photochemical oxidants, hydrocarbons, and nitrogen dioxide (36 FR 22384). Initially, EPA did not list lead as a criteria pollutant, controlling information technology through mobile source regime, but it was required to do so after successful litigation by Natural Resources Defense force Council (NRDC) in 1976 (43 FR 46258). The 1977 CAA Amendments created a process for regular review of the NAAQS list, and created a permanent independent scientific review committee to provide technical input on the NAAQS to EPA.[5] EPA added regulations for PM2.5 in 1997 (62 FR 38652), and updates the NAAQS from fourth dimension to time based on emerging ecology and health science.

National Emissions Standards for Hazardous Air Pollutants [edit]

The National Emissions Standards for Hazardous Air Pollutants (NESHAPs) govern how much of 187 toxic air pollutants are allowed to be emitted from industrial facilities and other sources.[6] Under the CAA, hazardous air pollutants (HAPs, or air toxics) are air pollutants other than those for which NAAQS exist, which threaten man health and welfare. The NESHAPs are the standards used for controlling, reducing, and eliminating HAPs emissions from stationary sources such every bit industrial facilities. The 1970 CAA required EPA to develop a list of HAPs, and so develop national emissions standards for each of them. The original NESHAPs were wellness-based standards. The 1990 CAA Amendments (Pub.50. 101–549 Title Iii) codified EPA's list, and required cosmos of technology-based standards according to "maximum doable control engineering" (MACT). Over the years, EPA has issued dozens of NESHAP regulations, which have developed NESHAPs by pollutant, by industry source category, and by industrial process. At that place are too NESHAPs for mobile sources (transportation), although these are primarily handled under the mobile source authorities.[7] The 1990 amendments (calculation CAA § 112(d-f)) likewise created a process by which EPA was required to review and update its NESHAPs every 8 years, and identify any risks remaining after application of MACT, and develop additional rules necessary to protect public wellness.[viii]

New Source Performance Standards [edit]

The New Source Performance Standards (NSPS) are rules for the equipment required to exist installed in new and modified industrial facilities, and the rules for determining whether a facility is "new".[ix] The 1970 CAA required EPA to develop standards for newly-synthetic and modified stationary sources (industrial facilities) using the "best organization of emission reduction which (taking into account the cost of achieving such reduction) the [EPA] determines has been fairly demonstrated." EPA issued its first NSPS regulation the next year, covering steam generators, incinerators, Portland cement plants, and nitric and sulfuric acid plants (36 FR 24876). Since and then, EPA has issued dozens of NSPS regulations, primarily by source category. The requirements promote industrywide adoption of available pollution control technologies. However, because these standards apply only to new and modified sources, they promote extending the lifetimes of pre-existing facilities. In the 1977 CAA Amendments, Congress required EPA to conduct a "new source review" process (40 CFR 52, subpart I) to decide whether maintenance and other activities rises to the level of modification requiring awarding of NSPS.[ten]

Acid Rain Program [edit]

The Acrid Rain Program (ARP) is an emissions trading programme for power plants to control the pollutants that cause acrid rain.[11] The 1990 CAA Amendments created a new title to address the upshot of acid rain, and peculiarly nitrogen oxides (NOten) and sulfur dioxide (SO2) emissions from electrical power plants powered by fossil fuels, and other industrial sources. The Acrid Rain Plan was the kickoff emissions trading programme in the The states, setting a cap on total emissions that was reduced over time by way of traded emissions credits, rather than direct controls on emissions. The program evolved in two stages: the commencement stage required more than than 100 electric generating facilities larger than 100 megawatts to come across a three.5 million ton So2 emission reduction past January 1995. The second stage gave facilities larger than 75 megawatts a January 2000 deadline. The program has accomplished all of its statutory goals.[12]

Ozone layer protection [edit]

The CAA ozone program is a technology transition programme intended to phase out the utilize of chemicals that damage the ozone layer.[13] Consistent with the US commitments in the Montreal Protocol, CAA Championship VI, added by the 1990 CAA Amendments, mandated regulations regarding the use and production of chemicals that harm Earth'south stratospheric ozone layer. Under Title Half-dozen, EPA runs programs to phase out ozone-destroying substances, runway their import and consign, determine exemptions for their connected use, and define practices for destroying them, maintaining and servicing equipment that uses them, and identifying new alternatives to those yet in use.

Mobile source programs [edit]

Rules for pollutants emitted from internal combustion engines in vehicles.[14] Since 1965, Congress has mandated increasingly stringent controls on vehicle engine applied science and reductions in tailpipe emissions. Today, the law requires EPA to establish and regularly update regulations for pollutants that may threaten public wellness, from a wide variety of classes of motor vehicles, that comprise technology to achieve the "greatest degree of emission reduction achievable", factoring in availability, price, energy, and condom (42 U.Due south.C. § 7521).

On-route vehicles regulations [edit]

EPA sets standards for exhaust gases, evaporative emissions, air toxics, refueling vapor recovery, and vehicle inspection and maintenance for several classes of vehicles that travel on roadways. EPA's "light-duty vehicles" regulations cover passenger cars, minivans, rider vans, pickup trucks, and SUVs. "Heavy-duty vehicles" regulations encompass large trucks and buses. EPA get-go issued motorcycle emissions regulations in 1977 (42 FR 1122) and updated them in 2004 (69 FR 2397).

Vehicle testing program

The air pollution testing system for motor vehicles was originally developed in 1972 and used driving cycles designed to simulate driving during rush-hr in Los Angeles during that era. Until 1984, EPA reported the exact fuel economy figures calculated from the test.[ citation needed ] In 1984, EPA began adjusting city (aka Urban Dynamometer Driving Schedule or UDDS) results downwardly by ten% and highway (aka HighWay Fuel Economy Test or HWFET) results by 22% to compensate for changes in driving weather condition since 1972, and to better correlate the EPA test results with real-earth driving. In 1996, EPA proposed updating the Federal Testing Procedures[15] to add a new higher-speed examination (US06) and an air-conditioner-on test (SC03) to further improve the correlation of fuel economy and emission estimates with real-world reports. In December 2006 the updated testing methodology was finalized to be implemented in model year 2008 vehicles and set the precedent of a 12-year review cycle for the test procedures.[16]

In February 2005, EPA launched a program called "Your MPG" that allows drivers to add real-world fuel economy statistics into a database on EPA's fuel economic system website and compare them with others and with the original EPA test results.[17]

EPA conducts fuel economy tests on very few vehicles.[18] Ii-thirds of the vehicles the EPA tests themselves are randomly selected and the remaining third is tested for specific reasons.

Although originally created as a reference point for fossil-fueled vehicles, driving cycles have been used for estimating how many miles an electric vehicle will go on a single charge.[19]

Non-road vehicles regulations [edit]

The 1970 CAA amendments provided for regulation of shipping emissions (42 U.Due south.C. § 7571), and EPA began regulating in 1973. In 2012, EPA finalized its newest restrictions on NOx emissions from gas turbine aircraft engines with rated thrusts above 26.7 kiloNewton (iii brusque ton-force), meaning primarily commercial jet shipping engines, intended to friction match international standards. EPA has been investigating whether to regulate lead in fuels for small aircraft since 2010, merely has not yet acted. The 1990 CAA Amendments (Pub.L. 101–549 § 222) added rules for a "nonroad" engine plan (42 U.Southward.C. § 7547), which expanded EPA regulation to locomotives, heavy equipment and modest equipment engines fueled by diesel (compression-ignition), and gas and other fuels (spark-ignition), and marine transport.

Voluntary programs [edit]

EPA has adult a diversity of voluntary programs to incentivize and promote reduction in transportation-related air pollution, including elements of the Make clean Diesel Campaign, Ports Initiative, SmartWay programme, and others.

Fuel controls [edit]

EPA has regulated the chemical composition of transportation fuels since 1967, with significant new authority added in 1970 to protect public health.[20] One of EPA's primeval actions was the elimination of lead in U.South. gasoline showtime in 1971 (36 FR 1486, 37 FR 3882, 38 FR 33734), a project that has been described as "i of the great public health achievements of the 20th century."[21] EPA continues to regulate the chemical limerick of gasoline, avgas, and diesel fuel in the United States.

Land implementation plans [edit]

The 1963 act required evolution of State Implementation Plans (SIPs) as part of a cooperative federalist program for developing pollution control standards and programs.[22] Rather than create a solely national programme, the CAA imposes responsibilities on the U.Southward. states to create plans to implement the Act's requirements. EPA then reviews, apology, and approves those plans. EPA offset promulgated SIP regulations in 1971 and 1972.[23]

Non-attainment areas [edit]

The 1977 CAA Amendments added SIP requirements for areas that had not attained the applicable NAAQS ("nonattainment areas"). In these areas, states were required to adopt plans that made "reasonable further progress" toward attainment until all all "reasonably available command measures" could be adopted. As progress on attainment was much slower than Congress originally instructed, major amendments to SIP requirements in nonattainment areas were part of the 1990 CAA Amendments.[24]

Prevention of significant deterioration [edit]

The 1977 CAA Amendments modified the SIP requirements past calculation "Prevention of Pregnant Deterioration" (PSD) requirements. These requirements protect areas, including particularly wilderness areas and national parks, that already met the NAAQS. The PSD provision requires SIPs to preserve good quality air in addition to cleaning up bad air. The new police also required New Source Review (investigations of proposed construction of new polluting facilities) to examine whether PSD requirements would be met.[25]

Stationary source operating permits [edit]

The 1990 amendments authorized a national operating permit program, sometimes called the "Title Five Program", covering thousands of large industrial and commercial sources. It required large businesses to address pollutants released into the air, measure their quantity, and have a program to control and minimize them every bit well as to periodically written report. This consolidated requirements for a facility into a single document.[one] : 19 In not-attainment areas, permits were required for sources that emit as little as 50, 25, or 10 tons per year of VOCs depending on the severity of the region's non-attainment condition.[26] Virtually permits are issued past state and local agencies.[27] If the country does not fairly monitor requirements, the EPA may take control. The public may request to view the permits by contacting the EPA. The permit is limited to no more five years and requires a renewal.[26]

Monitoring and enforcement [edit]

One of the nigh public aspects of the Clean Air Deed, EPA is empowered to monitor compliance with the law'southward many requirements, seek penalties for violations, and compel regulated entities to come into compliance.[28] Enforcement cases are usually settled, with penalties assessed well below maximum statutory limits.[ citation needed ] Recently, many of the largest Clean Air Act settlements have been reached with automakers defendant of circumventing the Human action's vehicle and fuel standards (east.k., the 2015 "Dieselgate" scandal).

Greenhouse gas regulation [edit]

Much of EPA's regulation of greenhouse gas (GHG) emissions occurs under the programs discussed to a higher place. EPA began regulating GHG emissions post-obit the Supreme Court'southward ruling in Massachusetts v. EPA, the EPA's subsequent endangerment finding, and development of specific regulations for various sources.[29] Standards for mobile sources have been established pursuant to Section 202 of the CAA, and GHGs from stationary sources are controlled under the authority of Part C of Title I of the Human action. The EPA's machine emission standards for greenhouse gas emissions issued in 2010 and 2012 are intended to cutting emissions from targeted vehicles by half, double fuel economy of rider cars and light-duty trucks past 2025 and salvage over $iv billion barrels of oil and $1.seven trillion for consumers. The agency has also proposed a two-phase program to reduce greenhouse gas emissions for medium and heavy duty trucks and buses.[ needs update ] [30] In addition, EPA oversees the national greenhouse gas inventory reporting program.[31]

Others [edit]

Other important but less foundational Make clean Air Act regulatory programs tend to build on or cutting across the in a higher place programs:

  • Risk Assessment. Although non a regulatory program per se, many EPA regulatory programs involve adventure cess and management.[32] Over the years, EPA has undertaken to unify and organize its many chance cess processes. The 1990 CAA Amendments created a Commission on Take chances Assessment and Direction tasked with making recommendations for a run a risk assessment framework,[33] and many subsequent reports have built on this work.
  • Visibility and Regional Brume. EPA monitors visibility and air clarity (haze) at 156 protected parks and wilderness areas, and requires states to develop plans to better visibility by reducing pollutants that contribute to haze.[34]
  • Interstate pollution control. The Clean Air Act's "expert neighbor" provision requires states to control emissions that will significantly contribute to NAAQS nonattainment or maintenance in a downwind state.[35] [36] EPA has struggled to enact regulations that implement this requirement for many years. It developed the "Clean Air Interstate Dominion" between 2003 and 2005, merely this was overturned past the courts in 2008. EPA then developed the Cross-Land Air Pollution Rule between 2009 and 2011, and it continues to exist litigated equally EPA updates it.
  • Startup, Shutdown, & Malfunction. EPA promulgates rules for states to address backlog emissions during periods of startup, shutdown, and malfunction, when facility emissions may temporarily be much higher than standard regulatory limits.[37]

History [edit]

Betwixt the 2d Industrial Revolution and the 1960s, the Us experienced increasingly severe air pollution. Post-obit the 1948 Donora smog event, the public began to discuss air pollution every bit a major problem, states began to pass a series of laws to reduce air pollution, and Congress began discussing whether to accept further action in response. At the fourth dimension, the primary federal agencies interested in air pollution were the United States Bureau of Mines, which was interested in "smoke abatement" (reducing smoke from coal burning), and the U.s.a. Public Wellness Service, which handled industrial hygiene and was concerned with the causes of lung health problems.[38]

After several years of proposals and hearings, Congress passed the kickoff federal legislation to address air pollution in 1955. The Air Pollution Command Act of 1955 authorized a research and training program, sending $3 million per year to the U.S. Public Health Service for five years, simply did not straight regulate pollution sources. The 1955 Human activity'due south enquiry program was extended in 1959, 1960, and 1962 while Congress considered whether to regulate further.

Kickoff in 1963, Congress began expanding federal air pollution control police force to accelerate the elimination of air pollution throughout the country. The new law'due south programs were initially administered past the U.S. Secretary of Health, Instruction, and Welfare, and the Air Pollution Office of the U.S. Public Health Service, until they were transferred to the newly-created EPA immediately earlier major amendments in 1970. EPA has administered the Make clean Air Human activity ever since, and Congress added major regulatory programs in 1977 and 1990.[39] Almost recently, the U.Southward. Supreme Court'south ruling in Massachusetts v. EPA resulted in an expansion of EPA's CAA regulatory activities to cover greenhouse gases.

Clean Air Act of 1963 and Early on Amendments. The Clean Air Human activity of 1963 (Pub.L. 88–206) was the start federal legislation to allow the U.S. federal government to take direct activity to control air pollution. Information technology extended the 1955 research plan, encouraged cooperative state, local, and federal action to reduce air pollution, appropriated $95 million over three years to support the development of land pollution command programs, and authorized the HEW Secretary to organize conferences and have direct action confronting interstate air pollution where state action was deemed to be bereft.[38]

The Motor Vehicle Air Pollution Command Act (Pub.L. 89–272) amended the 1963 Make clean Air Human action and ready the kickoff federal vehicle emissions standards, beginning with the 1968 models. These standards were reductions from 1963 emissions levels: 72% reduction for hydrocarbons, 56% reduction for carbon monoxide, and 100% reduction for crankcase hydrocarbons.[ citation needed ]. The police force besides added a new section to authorize abatement of international air pollution.[40]

The Air Quality Human action of 1967 (Pub.L. xc–148) authorized planning grants to state air pollution control agencies, permitted the creation of interstate air pollution control agencies, and required HEW to define air quality regions and develop technical documentation that would allow states to prepare ambient air quality and pollution control technology standards, and required states to submit implementation plans for improvement of air quality, and permitted HEW to accept direct abatement action in air pollution emergencies. It also authorized expanded studies of air pollutant emission inventories, ambient monitoring techniques, and control techniques.[41] [twoscore] This enabled the federal government to increase its activities to investigate enforcing interstate air pollution send, and, for the first fourth dimension, to perform far-reaching ambience monitoring studies and stationary source inspections. The 1967 act besides authorized expanded studies of air pollutant emission inventories, ambient monitoring techniques, and control techniques.[42] While only six states had air pollution programs in 1960, all fifty states had air pollution programs by 1970 due to the federal funding and legislation of the 1960s.[30]

President Richard Nixon signs the Make clean Air Amendments of 1970 at the White House, Dec 31, 1970.

1970 Amendments. In the Clean Air Amendments of 1970 (Pub.Fifty. 91–604), Congress greatly expanded the federal mandate by requiring comprehensive federal and state regulations for both industrial and mobile sources. The law established the National Ambient Air Quality Standards (NAAQS), New Source Performance Standards (NSPS); and National Emissions Standards for Chancy Air Pollutants (NESHAPs), and significantly strengthened federal enforcement authorisation, all toward achieving aggressive air pollution reduction goals.

To implement the strict amendments, EPA Administrator William Ruckelshaus spent 60% of his time during his first term on the automobile industry, whose emissions were to be reduced xc% under the new law. Senators had been frustrated at the industry's failure to cut emissions under previous, weaker air laws.[43]

1977 Amendments. Major amendments were added to the Clean Air Human activity in 1977 (1977 CAAA) (91 Stat. 685, Pub.L. 95–95). The 1977 Amendments primarily concerned provisions for the Prevention of Significant Deterioration (PSD) of air quality in areas attaining the NAAQS. The 1977 CAAA too contained requirements pertaining to sources in non-attainment areas for NAAQS. A non-attainment expanse is a geographic surface area that does not meet i or more of the federal air quality standards. Both of these 1977 CAAA established major permit review requirements to ensure attainment and maintenance of the NAAQS.[42] These amendments besides included the adoption of an offset trading policy originally applied to Los Angeles in 1974 that enables new sources to commencement their emissions by purchasing extra reductions from existing sources.[xxx]

The Clean Air Act Amendments of 1977 required Prevention of Significant Deterioration (PSD) of air quality for areas attaining the NAAQS and added requirements for not-attainment areas.[44]

President George H. Due west. Bush signs the Clean Air Human activity Amendments of 1990 at the White House, November fifteen, 1990.

1990 Amendments. Some other set of major amendments to the Clean Air Deed occurred in 1990 (1990 CAAA) (104 Stat. 2468, Pub.50. 101–549). The 1990 CAAA essentially increased the authority and responsibleness of the federal government. New regulatory programs were authorized for control of acid deposition (acid rain)[45] and for the issuance of stationary source operating permits. The NESHAPs were incorporated into a profoundly expanded programme for controlling toxic air pollutants. The provisions for attainment and maintenance of NAAQS were essentially modified and expanded. Other revisions included provisions regarding stratospheric ozone protection, increased enforcement authority, and expanded research programs.[42]

The 1990 Clean Air Deed added regulatory programs for control of acrid deposition (acid rain) and stationary source operating permits. The provisions aimed at reducing sulfur dioxide emissions included a cap-and-merchandise program, which gave power companies more flexibility in meeting the police'southward goals compared to earlier iterations of the Clean Air Act.[46] The amendments moved considerably across the original criteria pollutants, expanding the NESHAP plan with a list of 189 hazardous air pollutants to be controlled within hundreds of source categories, according to a specific schedule.[1]{rp|16}} The NAAQS program was also expanded. Other new provisions covered stratospheric ozone protection, increased enforcement authorisation and expanded research programs.[47]

Farther amendments were fabricated in 1990 to address the problems of acid rain, ozone depletion, and toxic air pollution, and to establish a national permit program for stationary sources, and increased enforcement say-so. The amendments too established new auto gasoline reformulation requirements, gear up Reid vapor pressure (RVP) standards to control evaporative emissions from gasoline, and mandated new gasoline formulations sold from May to September in many states. Reviewing his tenure as EPA Ambassador nether President George H. W. Bush-league, William K. Reilly characterized passage of the 1990 amendments to the Clean Air Human action as his nigh notable accomplishment.[48]

Federalism. Before 1970, there was merely a very express national air pollution control plan, with near all enforcement authority reserved to state and local governments, as had been the example traditionally under U.S. federalism. The 1970 Clean Air Human action was a major evolution in this system, providing EPA with enforcement authorization and requiring states to develop Land Implementation Plans for how they would encounter new national ambience air quality standards by 1977.[49] This cooperative federal model continues today. The law recognizes that states should pb in carrying out the Clean Air Act, because pollution control problems often crave special agreement of local industries, geography, housing patterns, etc. Withal, states are non immune to have weaker controls than the national minimum criteria fix by EPA. EPA must approve each SIP, and if a SIP is not adequate, EPA can retain CAA enforcement in that state. For example, California was unable to come across the new standards set by the Make clean Air Amendments of 1970, which led to a lawsuit and a federal land implementation plan for the country.[50] The federal government likewise assists the states by providing scientific research, expert studies, engineering science designs, and money to back up clean air programs. The police also prevents states from setting standards that are more strict than the federal standards, simply carves out a special exemption for California due to its past problems with smog pollution in the metropolitan areas. In practice, when California's environmental agencies determine on new vehicle emission standards, they are submitted to the EPA for approval nether this waiver, with the most recent approval in 2009.[51] The California standard was adopted by twelve other states, and established the de facto standard that automobile manufacturers subsequently accustomed, to avert having to develop unlike emission systems in their vehicles for unlike states. Notwithstanding, in September 2019, President Donald Trump attempted to revoke this waiver, arguing that the stricter emissions have made cars as well expensive, and by removing them, volition make vehicles safer. EPA'south Andrew Wheeler also stated that while the agency respects federalism, they could non allow one state to dictate standards for the entire nation. California's governor Gavin Newsom considered the motility part of Trump's "political vendetta" against California and stated his intent to sue the federal government.[52] Twenty-3 states, along with the Commune of Columbia and the cities of New York Metropolis and Los Angeles, joined California in a federal lawsuit challenging the administration'south decision.[53]

Effects [edit]

Graph showing decreases in U.s.a. air pollution concentrations during 1990 to 2015

According to a 2022 review study in the Periodical of Economic Literature, there is overwhelming causal evidence that shows that the CAA improved air quality.[54]

According to the most recent report by EPA, when compared to the baseline of the 1970 and 1977 regulatory programs, past 2020 the updates initiated past the 1990 Clean Air Human activity Amendments would exist costing the United States nigh $60 billion per year, while benefiting the United States (in monetized health and lives saved) about $2 trillion per year.[55] In 2020, a study prepared for the Natural Resource Defense Council estimated annual benefits at 370,000 avoided premature deaths, 189,000 fewer infirmary admissions, and net economic benefits of upwards to $iii.viii trillion (32 times the cost of the regulations).[56] Other studies have reached similar conclusions.[57]

Mobile sources including automobiles, trains, and boat engines have go 99% cleaner for pollutants like hydrocarbons, carbon monoxide, nitrogen oxides, and particle emissions since the 1970s. The allowable emissions of volatile organic chemicals, carbon monoxide, nitrogen oxides, and lead from individual cars take as well been reduced past more 90%, resulting in decreased national emissions of these pollutants despite a more than 400% increase in total miles driven yearly.[30] Since the 1980s, one/4th of basis level ozone has been cut, mercury emissions have been cut by 80%, and since the change from leaded gas to unleaded gas 90% of atmospheric atomic number 82 pollution has been reduced.[58] A 2018 study plant that the Clean Air Human activity contributed to the 60% decline in pollution emissions past the manufacturing industry between 1990 and 2008.[59] [60]

Legal challenges [edit]

Since its inception, the authority given to the EPA by Congress and the EPA'due south rulemaking within the Clean Air Act has been bailiwick to numerous lawsuits. Some of the major suits where the Make clean Air Act has been focal indicate of litigation include the following:

Train v. Natural Resources Defence force Quango, Inc., 421 U.S. sixty (1975)
Nether the Clean Air Act, states were required to submit their implementation plans within nine months of the EPA's promulgation of the new standards. The EPA approved several country plans that allowed for variances in their emissions limitations, and the Natural Resource Defense Council challenged that approval. The Supreme Courtroom held that the EPA's approval was valid, and that as long equally the "ultimate effect of a State'due south choice of emission limitations is compliance with the national standards for ambient air," a state is "at liberty to adopt whatever mix of emission limitations information technology deems best suited to its detail situation."[61]
Chevron UsaA., Inc. v. Natural Resources Defence force Council, Inc., 467 U.S. 837 (1984)
The Clean Air Human activity instructed the EPA to regulate emissions from sources of air pollution, just did non ascertain what should be considered a source for the emission of air pollution, then the EPA had interpreted what a source was based on the legislation. The EPA's interpretation was challenged, but after review, the Supreme Courtroom ruled in a 7–0 conclusion that the EPA had judicial deference to found their own interpretation of police when the police force is ambiguous and the estimation is reasonable and consistent. This principle has come to exist known equally the Chevron deference applying to whatever executive bureau granted powers from Congress.[62]
Whitman five. American Trucking Ass'ns, Inc., 531 U.Southward. 457 (2001)
Post-obit the EPA's rulemaking related to setting NAAQS standards related to diesel truck emissions, the trucking industry challenged the EPA's rule in lower courts, asserting the EPA'southward rule failed to justify reasoning for these new levels and violated the nondelegation doctrine. The D.C. Circuit Court institute in favor of the trucking industry, determining that the EPA's rule did non consider the costs of implementing emissions regulations and controls. The Supreme Court reversed the D.C. District Court'due south ruling, affirming that not only was the delegation of power from Congress to the EPA by the Make clean Air Deed ramble, but that the law did not require the EPA to consider costs as office of its determination for air quality controls.[63]
Massachusetts five. Ecology Protection Agency, 549 U.Southward. 497 (2007)
With force per unit area from states and ecology groups on the EPA to regulate carbon dioxide and other greenhouse gas emissions from motor vehicles, the EPA adamant in 2003 that the linguistic communication of the Clean Air Human action did not allow them to regulate emissions from motor vehicles, nor were they motivated to set such regulations even if they were able to. Multiple states and agencies sued the EPA for failing to act on what they considered to be harmful air pollutants. The Supreme Court ruled v–4 that non only did the Clean Air Deed mandate the EPA to regulate carbon dioxide and other greenhouse gases every bit air pollutants, simply that declining to regulate these emissions would go out the EPA liable to further litigation.[64] While the determination has remained contentious, the Court's determination in Massachusetts v. EPA was considered landmark, as it opened up the courts for further environmental lawsuits to force entities to reply to climate alter.[65]
American Electrical Power Co. five. Connecticut, 564 U.Southward. 410 (2011)
Several states and cities sued electric utility companies to force them to apply a cap-and-merchandise system to reduce their emissions under a merits their emissions were a public nuisance. The Supreme Court ruled in an viii–0 determination that private companies cannot be sued by other parties for emissions-related problems, equally this is a power specifically delegated to the EPA through the Clean Air Act under federal common law.[66]
Utility Air Regulatory Group 5. Ecology Protection Agency, 573 U.S. 302 (2014)
The EPA issued new rules in 2010 that expanded emissions regulations for both regulated air pollutants and greenhouse gases to light and heavy engines and smaller stationary sources. These expanded rules were challenged by several power companies and regulatory groups, as they greatly expanded what types of facilities would need to acquire environmental permits prior to construction. The Supreme Courtroom by and large upheld the EPA'due south powers through the Clean Air Human action, through it vacated portions of the EPA'due south new rules affecting smaller sources.[67]
Michigan v. EPA, 576 U.Due south. 743 (2015)
In 2012, the EPA issued new rules that identified new pollutants such as mercury as hazardous materials to be regulated in ability plant emissions. The cost of implementing mercury pollution controls on new and existing plants tin be expensive, and several states, companies, and other organizations sued the EPA that their assay leading to these new rules did not consider the price factor involved. The Supreme Court ruled 5–4 that the EPA's failure to consider the costs of these pollution controls was inappropriate, and that cost must be a factor in any finding that the EPA finds "necessary and appropriate" nether the Make clean Air Human action.[68]
West Virginia five. EPA, pending
Due to an oversight during reconciliation in 1990, 42 U.S.C. § 7411(d) includes both House and Senate linguistic communication related to the EPA's authorization to regulate carbon dioxide emissions from existing power plants, with the Business firm version disallow it while the Senate version allowing information technology. Equally function of the Make clean Power Plan rules in 2015, the EPA relied on the Senate version of §7411(d) to implement new rules for existing sources to significantly cut carbon dioxide emissions. The new rules were challenged in court, only due to the change from the Obama administration to the Trump assistants, the Clean Ability Programme was repealed by the EPA in favor of the Affordable Clean Free energy rule, seeking only a fraction of the emissions reductions from the Make clean Power Programme. The Affordable Clean Energy rule was challenged in courtroom and the D.C. District Court affirmed that the rule was capricious and capricious and failed to uphold the EPA'southward mandate to the Clean Air Human action based on the Senate'due south version of §7411(d). The Courtroom's conclusion was brought to the Supreme Court past multiple states and the coal manufacture, seeking to determine if the EPA properly interpreted the intent of §7411(d). The example was certified, consolidating four petitions, and will be heard during the 2021–22 term.[69]

Future challenges [edit]

As of 2017, some US cities even so practice not meet all national ambient air quality standards. It is likely that tens of thousands of premature deaths are still being caused by fine-particle pollution and ground-level ozone pollution.[30]

Climatic change poses a challenge to the management of conventional air pollutants in the United states of america due to warmer, dryer summertime weather condition that tin atomic number 82 to increased air stagnation episodes. Prolonged droughts that may contribute to wildfires would also result in regionally high levels of air particles.[70]

Transboundary air pollution (both entering and exiting the Us) is non directly regulated by the Make clean Air Act, requiring international negotiations and ongoing agreements with other nations, particularly Canada and Mexico.[71]

Environmental justice continues to be an ongoing challenge for the Make clean Air Act. By promoting pollution reduction, the Make clean Air Act helps reduce heightened exposure to air pollution amongst communities of colour and low-income communities.[72] But African American populations are "consistently over represented" in areas with the poorest air quality.[73] Dense populations of low-income and minority communities inhabit the most polluted areas across the The states, which is considered to exacerbate health issues amongst these populations.[74] Loftier levels of exposure to air pollution is linked to several health weather, including asthma, cancer, premature death, and infant mortality, each of which disproportionately impact communities of color and depression-income communities.[75] The pollution reduction achieved by the Clean Air Deed is associated with a decline in each of these weather and can promote environmental justice for communities that are disproportionately impacted past air pollution and diminished health condition.[75]

References [edit]

  1. ^ a b c "The Plain English Guide to the Clean Air Human action" (PDF). Washington, DC: U.s. Ecology Protection Bureau (EPA). Apr 2007. p. 19. EPA 456/Thou-07-001.
  2. ^ "Make clean Air Act Text". EPA. March 24, 2021.
  3. ^ 40 C.F.R. "Subchapter C (Air Programs)".
  4. ^ NAAQS Program:
    • First enacted: 1970 CAA amendments, Pub.Fifty. 91–604 § four.
    • Location in statute: CAA § 109, 42 United statesC. § 7409.
    • Major regulations: 40 CFR 50.
    • EPA pages: "Criteria Air Pollutants". April nine, 2014. "NAAQS". September nine, 2016.
  5. ^ See "EPA Clean Air Scientific Advisory Commission".
  6. ^ NESHAPS Program:
    • First enacted: 1970 CAA amendments, Pub.L. 91–604 § four.
    • Location in statute: CAA § 112, 42 U.S.C. § 7412.
    • Major regulations: 40 CFR 61, twoscore CFR 63.
    • EPA pages: "Hazardous Air Pollutants". December two, 2015. "EPA HAPs List". December 16, 2015. "EPA NESHAP Source Categories". May 6, 2015.
  7. ^ "HAPs Mobile Source Rule". EPA. August 3, 2016.
  8. ^ "NESHAPs Hazard and Technology Review". EPA. Dec xv, 2016.
  9. ^ NSPS Programme:
    • First enacted: 1970 CAA amendments, Pub.L. 91–604 § 4.
    • Location in statute: CAA § 111, 42 United states of americaC. § 7411.
    • Major regulations: 40 CFR 60.
    • EPA pages: "NSPS Regulations". November 25, 2016.
  10. ^ "NSR Regulatory Deportment". EPA. December 9, 2015.
  11. ^ Acid Rain Program:
    • Showtime enacted: 1990 CAA amendments, Pub.50. 101–549 § 401.
    • Location in statute: CAA Title Iv-A, 42 U.Southward.C. ch. 85, subch. IV-A.
    • Major regulations: twoscore CFR 72 through forty CFR 78.
    • EPA pages: "Clean Air Markets". August 12, 2014. "Acid Rain Program". August 21, 2014. "Acid Rain". December ii, 2015.
  12. ^ "ARP Progress Reports". EPA.
  13. ^ Ozone Layer Protection Plan:
    • Start enacted: 1990 CAA amendments, Pub.L. 101–549 § 601.
    • Location in statute: CAA Title Half-dozen, 42 United statesC. ch. 85, subch. VI.
    • Major regulations: 40 CFR 72 through forty CFR 82.
    • EPA pages: "Ozone Layer Protection". February 15, 2013. "Ozone Layer Protection under the CAA". July 14, 2015.
  14. ^ Mobile Source Programs
    • First enacted: Motor Vehicle Air Pollution Command Human action of 1965, Pub.L. 89–272 § 101.
    • Location in statute: CAA Title II, 42 U.S.C. ch. 85, subch. II.
    • Major regulations: 40 CFR 85, 40 CFR 86, 40 CFR 87, twoscore CFR 89, twoscore CFR 1039, 40 CFR 1048, 40 CFR 1054), forty CFR 1051), 40 CFR 1068.
    • EPA pages: "Regulations for Emissions from Vehicles and Engines". April 15, 2016. "Regulations for Onroad Vehicles and Engines". Baronial ten, 2016. "Regulations for Smog, Soot, and Other Air Pollution from Passenger Cars & Trucks". September ix, 2016. "Regulations for Smog, Soot, and Other Air Pollution from Commercial Trucks & Buses". September 12, 2016. "Regulations for Smog, Soot, and Other Air Pollution from Non-Electric Motorcycles". September 22, 2016. "Regulations for Nitrogen Oxide Emissions from Aircraft". September 28, 2016. "Regulations for Lead Emissions from Aircraft". September 9, 2016. "Regulations for Emissions from Locomotives". September 13, 2016. "Voluntary Programs to Reduce Mobile Source Pollution". June 16, 2016.
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  20. ^ Fuel Controls Programs:
    • Offset enacted: Air Quality Deed of 1967, Pub.Fifty. 90–148 § 210.
    • Location in statute: CAA § 211, 42 U.Southward.C. § 7545.
    • Major regulations: 40 CFR 1090.
    • EPA pages: "Final Rulemaking: Streamlining and Consolidating of Existing Gasoline and Diesel fuel Programs". Oct seven, 2020. "Gasoline Standards". April eight, 2015. "Diesel Fuel Standards". April 8, 2015. "Renewable Fuel Standard Program". April 8, 2015.
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  22. ^ 40 CFR 51, xl CFR 52
  23. ^ 36 FR 15486, 37 FR 19807)
  24. ^ Garrett & Winner. "Chapter 4. Nonattainment". ELR.
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  28. ^ Monitoring and Enforcement EPA pages: "CAA Compliance Monitoring". EPA. July 17, 2013. , "Air Enforcement". May 3, 2013. , "Air Enforcement Policy, Guidance and Publications". May 3, 2013. , "Enforcement Data and Results". May 3, 2013.
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  32. ^ "Risk Cess". EPA. August 24, 2021.
    "History of Risk at EPA". Risk Cess. EPA. August 24, 2021.
  33. ^ Pub.L. 101–549 § 303. Not codification.
  34. ^ Regional Haze Program:
    • First enacted: 1977 Amendments, Pub.50. 95–95 § 128, 1990 Amendments, Pub.L. 101–549 § 816.
    • Location in statute: 42 United states of americaC. § 7491, 42 UsaC. § 7492.
    • Major regulations: 40 CFR 51, Subpart P.
    • EPA Pages: "Visibility and Regional Haze". May 4, 2015. .
  35. ^ "Interstate Air Pollution Send". EPA. February 23, 2021.
    Shouse, Kate C. (August 30, 2018). "The Clean Air Act's Practiced Neighbour Provision: Overview of Interstate Air Pollution Control" (PDF). Congressional Research Service. R45299.
    "Make clean Air Interstate Rule (Archive)". EPA. February 21, 2016.
  36. ^ 42 U.s.a.C. § 7410(a)(2)(D)(i)(I)/
  37. ^ "Emissions During Periods of Startup, Shutdown, & Malfunction (SSM)". Air Quality Implementation Plans. EPA. September thirty, 2021. Guidance Memorandum: Withdrawal of the October nine, 2020, Memorandum. EPA is returning to its 2015 policy explaining that State Implementation Program provisions that provide exemptions from air emissions limits during periods of startup, shutdown and malfunction (SSM) or that provide affirmative defense force provisions are not consistent with the Make clean Air Act and would not generally be approvable.
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  44. ^ Make clean Air Act Amendments of 1977, P.L. 95-95, 91 Stat. 685, August 7, 1977.
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External links [edit]

  • EPA Enforcement and Compliance History Online
  • EPA Alumni Clan Oral History Video "Early Implementation of the Make clean Air Deed of 1970 in California"

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Source: https://en.wikipedia.org/wiki/Clean_Air_Act_(United_States)

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