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Home  ›  Which Of The Following Statements About The U.s. Clean Air Act Is True?

Which Of The Following Statements About The U.s. Clean Air Act Is True?

Written By Tuesday, 15 March 2022 Add Comment Edit

U.s.a. federal law to control air pollution

Clean Air Human action
Great Seal of the United States
Long championship An Act to ameliorate, strengthen, and accelerate programs for the prevention and abatement of air pollution, as amended.
Acronyms (vernacular) CAA
Codified
United states of americaC. sections created 42 UsaC. ch. 85 (§§ 7401-7671q)
Major amendments
Clean Air Act of 1963 (77 Stat. 392, Pub.L. 88–206)
Motor Vehicle Air Pollution Control Act of 1965 (79 Stat. 992, Pub.L. 89–272)
Air Quality Human activity of 1967 (81 Stat. 485, Pub.50. ninety–148)
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 Act Amendments of 1990 (104 Stat. 2468, Pub.L. 101–549)
United States Supreme Court cases
  • Union Elec. Co. v. EPA, 427 U.S. 246 (1976)
  • Chevron v. NRDC, 467 U.S. 837 (1984)
  • Whitman v. Am. Trucking Ass'ns, 531 U.Due south. 457 (2001)
  • Engineer Manufacturers Association v. South Declension Air Quality Management District, 541 U.S. 246 (2004)
  • Massachusetts v. EPA, 549 U.South. 497 (2007)
  • Environmental Defense v. Knuckles Energy Corp., 549 U.South. 561 (2007)
  • American Electric Power Co. v. Connecticut, 564 U.S. 410 (2011)
  • EPA five. EME Homer Metropolis Generation, 50. P., 572 U.Due south. 489 (2014)
  • Utility Air Regulatory Group v. Environmental Protection Agency, 573 U.South. 302 (2014)
  • Michigan v. EPA, No. 14-46, 576 U.South. ___ (2015)
  • HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Assn., No. xx-472, 594 U.S. ___ (2021)
  • West Virginia five. EPA (pending)

The Clean Air Act (CAA) is the U.s.a.' master federal air quality police, intended to reduce and control air pollution nationwide. Initially enacted in 1963 and amended many times since, information technology is one of the U.s.a.' beginning and virtually influential modern environmental laws.

As with many other major U.S. federal ecology statutes, the Clean Air Act is administered by the U.S. Ecology Protection Agency (EPA), in coordination with state, local, and tribal governments.[1] : 2–iii EPA develops extensive administrative regulations to carry out the law's mandates. The associated regulatory programs are often technical and complex. Amid the most important, the National Ambience Air Quality Standards program sets standards for concentrations of certain pollutants in outdoor air; the National Emissions Standards for Hazardous Air Pollutants program 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 touch on air quality. Newer programs tackle specific problems, including acid rain, ozone layer protection, and climatic change.

Although its exact benefits depend on what is counted, the Clean Air Act has substantially reduced air pollution and improved U.s.a. air quality—benefits which EPA credits with saving trillions of dollars and many thousands of lives each year.

Regulatory programs [edit]

In the Usa, the "Clean Air Deed" typically refers to the codified statute at 42 U.South.C. ch. 85. That statute is the product of multiple acts of Congress, 1 of which—the 1963 act—was really titled the Clean Air Act, and another of which—the 1970 act—is most often referred to as such. In the U.S. Lawmaking, the statute itself is divided into subchapters, and the section numbers are non clearly related to the subchapters. However in the bills that created the police, the major divisions are called "Titles", and the police's sections are numbered according to the title (e.yard., Title Ii begins with Section 201).[2] In practise, EPA, courts, and attorneys often employ the latter numbering scheme.

Although many parts of the statute are quite detailed, others set out simply the full general outlines of the law's regulatory programs, and leave many primal terms undefined. Responsible agencies, primarily EPA, take therefore developed administrative regulations to acquit out Congress'due south instructions. EPA'south proposed and final regulations are published in the Federal Register, oft with lengthy groundwork histories. The existing CAA regulations are codified at 40 C.F.R. Subchapter C, Parts fifty–98.[3] These Parts more oftentimes correspond to the Clean Air Act'south major regulatory programs.

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

National Ambient Air Quality Standards [edit]

The National Ambience Air Quality Standards (NAAQS) govern how much basis-level ozone (O3), carbon monoxide (CO), particulate matter (PMx, PM2.5), lead (Pb), sulfur dioxide (Sotwo), and nitrogen dioxide (NOii) are allowed in the outdoor air.[4] The NAAQS ready the acceptable levels of certain air pollutants in the ambience air in the United States. Prior to 1965, there was no national program for developing ambience air quality standards, and prior to 1970 the federal regime did not have primary responsibility for developing them. The 1970 CAA amendments required EPA to determine which air pollutants posed the greatest threat to public wellness and welfare and promulgate NAAQS and air quality criteria for them. The health-based standards were called "primary" NAAQS, while standards set to protect public welfare other than health (e.g., agricultural values) were chosen "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 every bit a criteria pollutant, controlling it through mobile source authorities, but information technology was required to do so later on successful litigation by Natural Resources Defense Quango (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 fourth dimension based on emerging ecology and health scientific discipline.

National Emissions Standards for Hazardous Air Pollutants [edit]

The National Emissions Standards for Chancy Air Pollutants (NESHAPs) govern how much of 187 toxic air pollutants are allowed to be emitted from industrial facilities and other sources.[6] Nether the CAA, chancy air pollutants (HAPs, or air toxics) are air pollutants other than those for which NAAQS exist, which threaten human health and welfare. The NESHAPs are the standards used for controlling, reducing, and eliminating HAPs emissions from stationary sources such as industrial facilities. The 1970 CAA required EPA to develop a list of HAPs, so develop national emissions standards for each of them. The original NESHAPs were health-based standards. The 1990 CAA Amendments (Pub.50. 101–549 Championship Iii) codified EPA'south list, and required cosmos of technology-based standards according to "maximum achievable control applied science" (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. There are too NESHAPs for mobile sources (transportation), although these are primarily handled under the mobile source regime.[7] The 1990 amendments (adding CAA § 112(d-f)) likewise created a process by which EPA was required to review and update its NESHAPs every eight years, and identify whatsoever risks remaining afterward application of MACT, and develop additional rules necessary to protect public health.[8]

New Source Performance Standards [edit]

The New Source Functioning Standards (NSPS) are rules for the equipment required to be installed in new and modified industrial facilities, and the rules for determining whether a facility is "new".[9] The 1970 CAA required EPA to develop standards for newly-synthetic and modified stationary sources (industrial facilities) using the "best system of emission reduction which (taking into account the toll of achieving such reduction) the [EPA] determines has been adequately demonstrated." EPA issued its first NSPS regulation the next yr, covering steam generators, incinerators, Portland cement plants, and nitric and sulfuric acrid plants (36 FR 24876). Since then, EPA has issued dozens of NSPS regulations, primarily by source category. The requirements promote industrywide adoption of bachelor pollution control technologies. However, because these standards utilise simply 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" procedure (40 CFR 52, subpart I) to determine whether maintenance and other activities rises to the level of modification requiring application of NSPS.[10]

Acid Rain Program [edit]

The Acrid Rain Program (ARP) is an emissions trading program for power plants to command the pollutants that cause acrid rain.[xi] The 1990 CAA Amendments created a new title to address the consequence of acid rain, and especially nitrogen oxides (NO10) and sulfur dioxide (Then2) emissions from electric power plants powered past fossil fuels, and other industrial sources. The Acid Rain Program was the first emissions trading program in the United States, setting a cap on total emissions that was reduced over time past way of traded emissions credits, rather than direct controls on emissions. The program evolved in two stages: the start stage required more than than 100 electric generating facilities larger than 100 megawatts to meet a 3.5 million ton SO2 emission reduction by January 1995. The second stage gave facilities larger than 75 megawatts a January 2000 deadline. The program has achieved 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 harm the ozone layer.[xiii] Consequent with the U.s. commitments in the Montreal Protocol, CAA Title VI, added past the 1990 CAA Amendments, mandated regulations regarding the use and production of chemicals that damage Earth'south stratospheric ozone layer. Nether Title VI, EPA runs programs to stage out ozone-destroying substances, track their import and export, determine exemptions for their continued apply, and define practices for destroying them, maintaining and servicing equipment that uses them, and identifying new alternatives to those still in use.

Mobile source programs [edit]

Rules for pollutants emitted from internal combustion engines in vehicles.[xiv] 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 health, from a wide variety of classes of motor vehicles, that incorporate technology to reach the "greatest degree of emission reduction achievable", factoring in availability, cost, energy, and safety (42 U.s.a.C. § 7521).

On-road vehicles regulations [edit]

EPA sets standards for frazzle 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 comprehend rider cars, minivans, passenger vans, pickup trucks, and SUVs. "Heavy-duty vehicles" regulations cover large trucks and buses. EPA first 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 adult 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 downwards by 10% and highway (aka HighWay Fuel Economy Test or HWFET) results by 22% to compensate for changes in driving conditions since 1972, and to amend correlate the EPA examination results with real-world driving. In 1996, EPA proposed updating the Federal Testing Procedures[xv] to add a new higher-speed test (US06) and an air-conditioner-on test (SC03) to farther amend the correlation of fuel economic system 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-yr review cycle for the test procedures.[16]

In February 2005, EPA launched a plan called "Your MPG" that allows drivers to add real-world fuel economic system statistics into a database on EPA'due south 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] Two-thirds of the vehicles the EPA tests themselves are randomly selected and the remaining third is tested for specific reasons.

Although originally created every bit a reference indicate for fossil-fueled vehicles, driving cycles accept been used for estimating how many miles an electric vehicle will become on a single charge.[19]

Non-road vehicles regulations [edit]

The 1970 CAA amendments provided for regulation of aircraft 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 (3 short ton-forcefulness), meaning primarily commercial jet aircraft engines, intended to friction match international standards. EPA has been investigating whether to regulate atomic number 82 in fuels for small-scale aircraft since 2010, but has non yet acted. The 1990 CAA Amendments (Pub.L. 101–549 § 222) added rules for a "nonroad" engine programme (42 U.S.C. § 7547), which expanded EPA regulation to locomotives, heavy equipment and pocket-size equipment engines fueled past diesel (compression-ignition), and gas and other fuels (spark-ignition), and marine transport.

Voluntary programs [edit]

EPA has developed a diverseness of voluntary programs to incentivize and promote reduction in transportation-related air pollution, including elements of the Clean Diesel Campaign, Ports Initiative, SmartWay program, and others.

Fuel controls [edit]

EPA has regulated the chemical composition of transportation fuels since 1967, with significant new say-so added in 1970 to protect public wellness.[20] One of EPA's earliest actions was the elimination of lead in U.S. gasoline beginning in 1971 (36 FR 1486, 37 FR 3882, 38 FR 33734), a project that has been described as "one of the great public health achievements of the 20th century."[21] EPA continues to regulate the chemical composition of gasoline, avgas, and diesel in the United states.

State implementation plans [edit]

The 1963 act required development of Land Implementation Plans (SIPs) as function of a cooperative federalist program for developing pollution command standards and programs.[22] Rather than create a solely national programme, the CAA imposes responsibilities on the U.S. states to create plans to implement the Human action's requirements. EPA then reviews, amends, and approves those plans. EPA offset promulgated SIP regulations in 1971 and 1972.[23]

Not-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 prefer plans that made "reasonable further progress" toward attainment until all all "reasonably available command measures" could be adopted. Equally 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 adding "Prevention of Significant 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 adept quality air in addition to cleaning up bad air. The new law also required New Source Review (investigations of proposed structure 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 programme, sometimes called the "Title 5 Program", covering thousands of big industrial and commercial sources. It required large businesses to accost pollutants released into the air, mensurate their quantity, and have a plan to control and minimize them as well every bit to periodically study. This consolidated requirements for a facility into a single certificate.[one] : 19 In non-attainment areas, permits were required for sources that emit as lilliputian as 50, 25, or 10 tons per year of VOCs depending on the severity of the region'due south non-attainment condition.[26] Most permits are issued past country and local agencies.[27] If the state does not adequately 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 than than 5 years and requires a renewal.[26]

Monitoring and enforcement [edit]

One of the most public aspects of the Make clean Air Human action, EPA is empowered to monitor compliance with the police force's many requirements, seek penalties for violations, and compel regulated entities to come into compliance.[28] Enforcement cases are usually settled, with penalties assessed well beneath maximum statutory limits.[ citation needed ] Recently, many of the largest Make clean Air Act settlements have been reached with automakers accused of circumventing the Act'south vehicle and fuel standards (due east.g., the 2015 "Dieselgate" scandal).

Greenhouse gas regulation [edit]

Much of EPA'southward regulation of greenhouse gas (GHG) emissions occurs under the programs discussed above. EPA began regulating GHG emissions following the Supreme Court'south ruling in Massachusetts v. EPA, the EPA'southward subsequent endangerment finding, and development of specific regulations for various sources.[29] Standards for mobile sources have been established pursuant to Department 202 of the CAA, and GHGs from stationary sources are controlled under the say-so of Role C of Title I of the Human action. The EPA's automobile emission standards for greenhouse gas emissions issued in 2010 and 2012 are intended to cut emissions from targeted vehicles by half, double fuel economy of rider cars and light-duty trucks by 2025 and save over $4 billion barrels of oil and $1.7 trillion for consumers. The agency has also proposed a two-stage program to reduce greenhouse gas emissions for medium and heavy duty trucks and buses.[ needs update ] [30] In add-on, EPA oversees the national greenhouse gas inventory reporting program.[31]

Others [edit]

Other of import but less foundational Make clean Air Act regulatory programs tend to build on or cut across the higher up programs:

  • Adventure Assessment. Although not a regulatory program per se, many EPA regulatory programs involve risk cess and direction.[32] Over the years, EPA has undertaken to unify and organize its many risk assessment processes. The 1990 CAA Amendments created a Commission on Risk Assessment and Direction tasked with making recommendations for a take chances assessment framework,[33] and many subsequent reports take 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 improve visibility by reducing pollutants that contribute to brume.[34]
  • Interstate pollution command. The Clean Air Human action'south "good neighbour" provision requires states to command 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 "Make clean Air Interstate Rule" between 2003 and 2005, just this was overturned by the courts in 2008. EPA so developed the Cross-State Air Pollution Rule between 2009 and 2011, and it continues to exist litigated as EPA updates it.
  • Startup, Shutdown, & Malfunction. EPA promulgates rules for states to address excess emissions during periods of startup, shutdown, and malfunction, when facility emissions may temporarily be much higher than standard regulatory limits.[37]

History [edit]

Between the 2d Industrial Revolution and the 1960s, the United states of america experienced increasingly severe air pollution. Following the 1948 Donora smog issue, the public began to discuss air pollution as a major problem, states began to pass a series of laws to reduce air pollution, and Congress began discussing whether to take farther activeness in response. At the time, the primary federal agencies interested in air pollution were the United States Bureau of Mines, which was interested in "fume abatement" (reducing smoke from coal burning), and the United States Public Health Service, which handled industrial hygiene and was concerned with the causes of lung wellness problems.[38]

After several years of proposals and hearings, Congress passed the beginning federal legislation to accost air pollution in 1955. The Air Pollution Control Act of 1955 authorized a research and training program, sending $three million per year to the U.S. Public Health Service for v years, merely did not directly regulate pollution sources. The 1955 Human action's research program was extended in 1959, 1960, and 1962 while Congress considered whether to regulate farther.

Showtime in 1963, Congress began expanding federal air pollution control police to accelerate the elimination of air pollution throughout the country. The new police's programs were initially administered by the U.S. Secretary of Health, Pedagogy, and Welfare, and the Air Pollution Office of the U.Southward. Public Wellness Service, until they were transferred to the newly-created EPA immediately before major amendments in 1970. EPA has administered the Clean Air Act ever since, and Congress added major regulatory programs in 1977 and 1990.[39] Most recently, the U.South. Supreme Court'southward ruling in Massachusetts v. EPA resulted in an expansion of EPA'south CAA regulatory activities to cover greenhouse gases.

Clean Air Act of 1963 and Early Amendments. The Make clean Air Act of 1963 (Pub.L. 88–206) was the first federal legislation to permit the U.S. federal government to take direct action to control air pollution. It extended the 1955 enquiry plan, encouraged cooperative country, local, and federal action to reduce air pollution, appropriated $95 million over iii years to support the evolution of land pollution control programs, and authorized the HEW Secretary to organize conferences and take direct action against interstate air pollution where state action was deemed to be insufficient.[38]

The Motor Vehicle Air Pollution Command Deed (Pub.Fifty. 89–272) amended the 1963 Clean Air Act and set the beginning federal vehicle emissions standards, commencement 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 law also added a new section to authorize abatement of international air pollution.[xl]

The Air Quality Act of 1967 (Pub.L. xc–148) authorized planning grants to land air pollution command agencies, permitted the cosmos of interstate air pollution command agencies, and required HEW to define air quality regions and develop technical documentation that would allow states to gear up ambient air quality and pollution command applied science standards, and required states to submit implementation plans for comeback of air quality, and permitted HEW to take straight abatement action in air pollution emergencies. It also authorized expanded studies of air pollutant emission inventories, ambient monitoring techniques, and control techniques.[41] [xl] This enabled the federal regime to increase its activities to investigate enforcing interstate air pollution transport, and, for the first time, to perform far-reaching ambient monitoring studies and stationary source inspections. The 1967 act also authorized expanded studies of air pollutant emission inventories, ambience monitoring techniques, and command techniques.[42] While just half dozen states had air pollution programs in 1960, all 50 states had air pollution programs by 1970 due to the federal funding and legislation of the 1960s.[30]

President Richard Nixon signs the Clean Air Amendments of 1970 at the White Business firm, Dec 31, 1970.

1970 Amendments. In the Clean Air Amendments of 1970 (Pub.L. 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 Ambience Air Quality Standards (NAAQS), New Source Performance Standards (NSPS); and National Emissions Standards for Hazardous 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 motorcar manufacture, whose emissions were to be reduced xc% under the new police. Senators had been frustrated at the manufacture's failure to cutting emissions under previous, weaker air laws.[43]

1977 Amendments. Major amendments were added to the Clean Air Act in 1977 (1977 CAAA) (91 Stat. 685, Pub.50. 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 as well independent requirements pertaining to sources in non-attainment areas for NAAQS. A not-attainment area is a geographic surface area that does not meet one 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 as well included the adoption of an showtime trading policy originally applied to Los Angeles in 1974 that enables new sources to showtime their emissions by purchasing actress reductions from existing sources.[thirty]

The Clean Air Deed Amendments of 1977 required Prevention of Significant Deterioration (PSD) of air quality for areas attaining the NAAQS and added requirements for non-attainment areas.[44]

President George H. W. Bush signs the Clean Air Act Amendments of 1990 at the White House, November 15, 1990.

1990 Amendments. Some other gear up of major amendments to the Make clean Air Act occurred in 1990 (1990 CAAA) (104 Stat. 2468, Pub.L. 101–549). The 1990 CAAA substantially 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 substantially modified and expanded. Other revisions included provisions regarding stratospheric ozone protection, increased enforcement say-so, and expanded research programs.[42]

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

Farther amendments were made in 1990 to address the problems of acid pelting, ozone depletion, and toxic air pollution, and to establish a national allow program for stationary sources, and increased enforcement say-so. The amendments likewise established new auto gasoline reformulation requirements, set 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 Administrator nether President George H. W. Bush, William K. Reilly characterized passage of the 1990 amendments to the Clean Air Act as his most notable accomplishment.[48]

Federalism. Before 1970, there was only a very limited national air pollution control program, with near all enforcement potency reserved to state and local governments, every bit had been the example traditionally under U.S. federalism. The 1970 Make clean Air Deed was a major evolution in this organisation, providing EPA with enforcement authorization and requiring states to develop Land Implementation Plans for how they would meet new national ambient air quality standards by 1977.[49] This cooperative federal model continues today. The law recognizes that states should lead in carrying out the Clean Air Act, considering pollution command problems often crave special understanding of local industries, geography, housing patterns, etc. However, states are not allowed to accept weaker controls than the national minimum criteria set by EPA. EPA must corroborate each SIP, and if a SIP is not adequate, EPA can retain CAA enforcement in that state. For case, California was unable to meet the new standards set by the Clean Air Amendments of 1970, which led to a lawsuit and a federal state implementation program for the state.[50] The federal authorities likewise assists united states of america by providing scientific research, expert studies, engineering designs, and money to back up clean air programs. The law also prevents states from setting standards that are more strict than the federal standards, but carves out a special exemption for California due to its past issues with smog pollution in the metropolitan areas. In practice, when California'due south environmental agencies decide on new vehicle emission standards, they are submitted to the EPA for approval under this waiver, with the virtually contempo approval in 2009.[51] The California standard was adopted by twelve other states, and established the de facto standard that car manufacturers later on accustomed, to avoid having to develop different emission systems in their vehicles for different states. However, in September 2019, President Donald Trump attempted to revoke this waiver, arguing that the stricter emissions take made cars too expensive, and by removing them, will brand vehicles safer. EPA's Andrew Wheeler too stated that while the agency respects federalism, they could non allow i state to dictate standards for the entire nation. California'due south governor Gavin Newsom considered the move part of Trump's "political vendetta" against California and stated his intent to sue the federal government.[52] 20-three states, along with the District of Columbia and the cities of New York City and Los Angeles, joined California in a federal lawsuit challenging the administration's decision.[53]

Effects [edit]

Graph showing decreases in Us air pollution concentrations during 1990 to 2015

Co-ordinate to a 2022 review written report in the Journal of Economic Literature, there is overwhelming causal prove that shows that the CAA improved air quality.[54]

Co-ordinate to the most recent report by EPA, when compared to the baseline of the 1970 and 1977 regulatory programs, by 2020 the updates initiated by the 1990 Clean Air Act Amendments would exist costing the United States well-nigh $60 billion per yr, while benefiting the United States (in monetized wellness and lives saved) about $2 trillion per yr.[55] In 2020, a study prepared for the Natural Resources Defense force Council estimated almanac benefits at 370,000 avoided premature deaths, 189,000 fewer infirmary admissions, and net economic benefits of up to $three.8 trillion (32 times the cost of the regulations).[56] Other studies accept reached similar conclusions.[57]

Mobile sources including automobiles, trains, and gunkhole engines have become 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 also been reduced by more than 90%, resulting in decreased national emissions of these pollutants despite a more than 400% increase in full miles driven yearly.[thirty] Since the 1980s, one/4th of footing level ozone has been cut, mercury emissions have been cutting by 80%, and since the change from leaded gas to unleaded gas 90% of atmospheric lead pollution has been reduced.[58] A 2018 report constitute that the Make clean Air Act contributed to the threescore% decline in pollution emissions by the manufacturing industry betwixt 1990 and 2008.[59] [lx]

Legal challenges [edit]

Since its inception, the authorisation given to the EPA past Congress and the EPA's rulemaking within the Make clean Air Act has been field of study to numerous lawsuits. Some of the major suits where the Make clean Air Human activity has been focal indicate of litigation include the following:

Railroad train five. Natural Resources Defense force Council, Inc., 421 U.S. 60 (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 canonical several land plans that allowed for variances in their emissions limitations, and the Natural Resources Defense Quango challenged that blessing. The Supreme Courtroom held that the EPA's approval was valid, and that as long as the "ultimate issue of a State'south choice of emission limitations is compliance with the national standards for ambient air," a state is "at freedom to adopt any mix of emission limitations it deems best suited to its particular situation."[61]
Chevron UsA., Inc. v. Natural Resource Defense Council, Inc., 467 U.S. 837 (1984)
The Clean Air Human activity instructed the EPA to regulate emissions from sources of air pollution, but did not define what should be considered a source for the emission of air pollution, so the EPA had interpreted what a source was based on the legislation. The EPA's interpretation was challenged, just later on review, the Supreme Court ruled in a 7–0 decision that the EPA had judicial deference to plant their ain interpretation of law when the police force is cryptic and the interpretation is reasonable and consistent. This principle has come to exist known as the Chevron deference applying to whatever executive agency granted powers from Congress.[62]
Whitman v. American Trucking Ass'ns, Inc., 531 U.S. 457 (2001)
Following the EPA'due south 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'due south rule failed to justify reasoning for these new levels and violated the nondelegation doctrine. The D.C. Excursion Court found in favor of the trucking manufacture, determining that the EPA'due south rule did not consider the costs of implementing emissions regulations and controls. The Supreme Court reversed the D.C. Commune Court's ruling, affirming that not only was the delegation of power from Congress to the EPA past the Clean Air Act constitutional, merely that the law did not crave the EPA to consider costs as part of its determination for air quality controls.[63]
Massachusetts v. Ecology Protection Agency, 549 U.Southward. 497 (2007)
With pressure 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 language of the Clean Air Deed did not allow them to regulate emissions from motor vehicles, nor were they motivated to prepare such regulations fifty-fifty if they were able to. Multiple states and agencies sued the EPA for failing to act on what they considered to exist harmful air pollutants. The Supreme Court ruled 5–4 that not simply did the Clean Air Deed mandate the EPA to regulate carbon dioxide and other greenhouse gases as air pollutants, just that failing to regulate these emissions would exit the EPA liable to further litigation.[64] While the decision has remained contentious, the Courtroom'due south decision in Massachusetts v. EPA was considered landmark, every bit it opened up the courts for further environmental lawsuits to force entities to answer to climate change.[65]
American Electric Power Co. v. Connecticut, 564 U.Southward. 410 (2011)
Several states and cities sued electric utility companies to force them to use a cap-and-merchandise system to reduce their emissions under a claim their emissions were a public nuisance. The Supreme Courtroom ruled in an 8–0 determination that individual companies cannot exist sued by other parties for emissions-related issues, as this is a power specifically delegated to the EPA through the Clean Air Human action nether federal common law.[66]
Utility Air Regulatory Group 5. Environmental Protection Bureau, 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 lite 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 larn environmental permits prior to construction. The Supreme Courtroom by and large upheld the EPA's powers through the Clean Air Act, through it vacated portions of the EPA's new rules affecting smaller sources.[67]
Michigan five. EPA, 576 U.S. 743 (2015)
In 2012, the EPA issued new rules that identified new pollutants such equally mercury every bit chancy materials to be regulated in power plant emissions. The cost of implementing mercury pollution controls on new and existing plants can be expensive, and several states, companies, and other organizations sued the EPA that their analysis leading to these new rules did not consider the cost gene involved. The Supreme Court ruled 5–4 that the EPA'south failure to consider the costs of these pollution controls was inappropriate, and that toll must be a cistron in any finding that the EPA finds "necessary and appropriate" under the Clean Air Human activity.[68]
West Virginia v. EPA, pending
Due to an oversight during reconciliation in 1990, 42 The statesC. § 7411(d) includes both Business firm and Senate language related to the EPA'southward authority to regulate carbon dioxide emissions from existing ability plants, with the House version disallow it while the Senate version allowing it. Every bit part of the Clean Ability 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, simply due to the modify from the Obama assistants to the Trump administration, the Clean Power Programme was repealed past the EPA in favor of the Affordable Clean Free energy dominion, seeking only a fraction of the emissions reductions from the Clean Power Plan. The Affordable Clean Energy rule was challenged in court and the D.C. District Court affirmed that the rule was arbitrary and capricious and failed to uphold the EPA's mandate to the Clean Air Act based on the Senate's version of §7411(d). The Court's conclusion was brought to the Supreme Courtroom by multiple states and the coal industry, seeking to determine if the EPA properly interpreted the intent of §7411(d). The instance was certified, consolidating four petitions, and volition exist heard during the 2021–22 term.[69]

Hereafter challenges [edit]

Equally of 2017, some United states of america cities nevertheless practise not see all national ambient air quality standards. It is likely that tens of thousands of premature deaths are still beingness caused by fine-particle pollution and ground-level ozone pollution.[30]

Climate change poses a challenge to the direction of conventional air pollutants in the Us due to warmer, dryer summertime conditions that can lead to increased air stagnation episodes. Prolonged droughts that may contribute to wildfires would as well result in regionally high levels of air particles.[70]

Transboundary air pollution (both inbound and exiting the United states) is not directly regulated by the Make clean Air Deed, requiring international negotiations and ongoing agreements with other nations, peculiarly Canada and Mexico.[71]

Environmental justice continues to exist an ongoing challenge for the Clean Air Human action. Past promoting pollution reduction, the Clean Air Human action helps reduce heightened exposure to air pollution amid communities of colour and depression-income communities.[72] Merely African American populations are "consistently over represented" in areas with the poorest air quality.[73] Dense populations of depression-income and minority communities inhabit the most polluted areas across the United States, which is considered to exacerbate health problems among these populations.[74] Loftier levels of exposure to air pollution is linked to several health conditions, including asthma, cancer, premature decease, and babe mortality, each of which disproportionately impact communities of color and low-income communities.[75] The pollution reduction accomplished by the Make clean Air Act is associated with a decline in each of these weather condition and tin promote environmental justice for communities that are disproportionately impacted by air pollution and diminished health condition.[75]

References [edit]

  1. ^ a b c "The Apparently English language Guide to the Clean Air Deed" (PDF). Washington, DC: United states Environmental Protection Bureau (EPA). April 2007. p. xix. EPA 456/K-07-001.
  2. ^ "Make clean Air Act Text". EPA. March 24, 2021.
  3. ^ forty C.F.R. "Subchapter C (Air Programs)".
  4. ^ NAAQS Program:
    • First enacted: 1970 CAA amendments, Pub.Fifty. 91–604 § 4.
    • Location in statute: CAA § 109, 42 U.S.C. § 7409.
    • Major regulations: 40 CFR 50.
    • EPA pages: "Criteria Air Pollutants". Apr 9, 2014. "NAAQS". September 9, 2016.
  5. ^ Run across "EPA Clean Air Scientific Advisory Committee".
  6. ^ NESHAPS Program:
    • First enacted: 1970 CAA amendments, Pub.Fifty. 91–604 § 4.
    • Location in statute: CAA § 112, 42 U.S.C. § 7412.
    • Major regulations: 40 CFR 61, 40 CFR 63.
    • EPA pages: "Chancy Air Pollutants". Dec ii, 2015. "EPA HAPs List". December 16, 2015. "EPA NESHAP Source Categories". May 6, 2015.
  7. ^ "HAPs Mobile Source Dominion". EPA. August iii, 2016.
  8. ^ "NESHAPs Risk and Technology Review". EPA. December 15, 2016.
  9. ^ NSPS Program:
    • First enacted: 1970 CAA amendments, Pub.L. 91–604 § 4.
    • Location in statute: CAA § 111, 42 UsaC. § 7411.
    • Major regulations: xl CFR 60.
    • EPA pages: "NSPS Regulations". November 25, 2016.
  10. ^ "NSR Regulatory Actions". EPA. December nine, 2015.
  11. ^ Acid Rain Program:
    • Kickoff enacted: 1990 CAA amendments, Pub.50. 101–549 § 401.
    • Location in statute: CAA Title IV-A, 42 U.S.C. ch. 85, subch. IV-A.
    • Major regulations: xl CFR 72 through 40 CFR 78.
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    • First enacted: 1990 CAA amendments, Pub.L. 101–549 § 601.
    • Location in statute: CAA Title VI, 42 UsaC. ch. 85, subch. Vi.
    • Major regulations: 40 CFR 72 through twoscore CFR 82.
    • EPA pages: "Ozone Layer Protection". February 15, 2013. "Ozone Layer Protection under the CAA". July xiv, 2015.
  14. ^ Mobile Source Programs
    • Kickoff enacted: Motor Vehicle Air Pollution Command Deed of 1965, Pub.Fifty. 89–272 § 101.
    • Location in statute: CAA Title Two, 42 U.S.C. ch. 85, subch. Ii.
    • Major regulations: 40 CFR 85, twoscore CFR 86, 40 CFR 87, 40 CFR 89, 40 CFR 1039, xl CFR 1048, twoscore CFR 1054), forty CFR 1051), 40 CFR 1068.
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    • First enacted: Air Quality Human action of 1967, Pub.L. ninety–148 § 210.
    • Location in statute: CAA § 211, 42 U.S.C. § 7545.
    • Major regulations: 40 CFR 1090.
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    "History of Risk at EPA". Risk Cess. EPA. Baronial 24, 2021.
  33. ^ Pub.L. 101–549 § 303. Not codified.
  34. ^ Regional Haze Program:
    • Showtime enacted: 1977 Amendments, Pub.50. 95–95 § 128, 1990 Amendments, Pub.50. 101–549 § 816.
    • Location in statute: 42 U.s.C. § 7491, 42 U.South.C. § 7492.
    • Major regulations: 40 CFR 51, Subpart P.
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External links [edit]

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

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

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