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What Section Of The 1990 Clean Air Act Amendments Includes Provisions About Acid Deposition

United States federal constabulary to command air pollution

Clean Air Act
Great Seal of the United States
Long title An Act to better, strengthen, and accelerate programs for the prevention and abatement of air pollution, as amended.
Acronyms (vernacular) CAA
Codification
UsaC. sections created 42 U.s.a.C. ch. 85 (§§ 7401-7671q)
Major amendments
Make clean Air Human action of 1963 (77 Stat. 392, Pub.L. 88–206)
Motor Vehicle Air Pollution Control Act of 1965 (79 Stat. 992, Pub.50. 89–272)
Air Quality Deed of 1967 (81 Stat. 485, Pub.50. 90–148)
Make clean Air Amendments of 1970 (84 Stat. 1676, Pub.50. 91–604)
Clean Air Human action 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.South. 246 (1976)
  • Chevron v. NRDC, 467 U.S. 837 (1984)
  • Whitman five. Am. Trucking Donkey'ns, 531 U.S. 457 (2001)
  • Engineer Manufacturers Clan v. S Coast Air Quality Management District, 541 U.S. 246 (2004)
  • Massachusetts v. EPA, 549 U.S. 497 (2007)
  • Ecology Defense v. Duke Free energy Corp., 549 U.S. 561 (2007)
  • American Electric Power Co. v. Connecticut, 564 U.Southward. 410 (2011)
  • EPA 5. EME Homer City Generation, 50. P., 572 U.S. 489 (2014)
  • Utility Air Regulatory Group v. Environmental Protection Agency, 573 U.S. 302 (2014)
  • Michigan v. EPA, No. xiv-46, 576 U.S. ___ (2015)
  • HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Assn., No. twenty-472, 594 U.South. ___ (2021)
  • West Virginia 5. EPA (pending)

The Clean Air Act (CAA) is the United States' primary federal air quality law, intended to reduce and control air pollution nationwide. Initially enacted in 1963 and amended many times since, it is 1 of the United States' first and nearly influential modern environmental laws.

As with many other major U.S. federal ecology statutes, the Make clean Air Act is administered by the U.Due south. Ecology Protection Agency (EPA), in coordination with country, local, and tribal governments.[1] : 2–3 EPA develops extensive administrative regulations to carry out the law's mandates. The associated regulatory programs are often technical and complex. Among the nigh 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 plan sets standards for emissions of particular chancy 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 problems, including acid rain, ozone layer protection, and climate change.

Although its exact benefits depend on what is counted, the Clean Air Human action 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 year.

Regulatory programs [edit]

In the United states of america, the "Clean Air Human activity" typically refers to the codified statute at 42 U.Due south.C. ch. 85. That statute is the product of multiple acts of Congress, 1 of which—the 1963 act—was actually titled the Clean Air Act, and another of which—the 1970 act—is well-nigh oft referred to as such. In the U.Due south. Code, the statute itself is divided into subchapters, and the section numbers are non clearly related to the subchapters. All the same in the bills that created the police force, the major divisions are called "Titles", and the law'southward sections are numbered co-ordinate to the title (e.g., Title II begins with Section 201).[ii] In do, EPA, courts, and attorneys often use the latter numbering scheme.

Although many parts of the statute are quite detailed, others ready out just the general outlines of the law'south regulatory programs, and leave many key terms undefined. Responsible agencies, primarily EPA, take therefore developed administrative regulations to carry out Congress'south instructions. EPA'due south proposed and final regulations are published in the Federal Register, often with lengthy background histories. The existing CAA regulations are codification at forty C.F.R. Subchapter C, Parts 50–98.[3] These Parts more than often correspond to the Make clean Air Human activity's major regulatory programs.

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

National Ambient Air Quality Standards [edit]

The National Ambience Air Quality Standards (NAAQS) govern how much ground-level ozone (O3), carbon monoxide (CO), particulate affair (PM10, PMii.5), atomic number 82 (Lead), sulfur dioxide (SOii), and nitrogen dioxide (NOii) are allowed in the outdoor air.[4] The NAAQS set the adequate levels of certain air pollutants in the ambient air in the U.s.. Prior to 1965, there was no national programme for developing ambient air quality standards, and prior to 1970 the federal government did non have chief 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 chosen "main" NAAQS, while standards fix to protect public welfare other than health (e.chiliad., 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 listing lead as a criteria pollutant, controlling it through mobile source authorities, but it was required to exercise so after successful litigation by Natural Resources Defense 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 commission to provide technical input on the NAAQS to EPA.[five] EPA added regulations for PM2.5 in 1997 (62 FR 38652), and updates the NAAQS from time to time based on emerging environmental and health scientific discipline.

National Emissions Standards for Chancy 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] Nether 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 and then develop national emissions standards for each of them. The original NESHAPs were health-based standards. The 1990 CAA Amendments (Pub.L. 101–549 Title Three) codification EPA'due south list, and required creation of technology-based standards according to "maximum achievable control technology" (MACT). Over the years, EPA has issued dozens of NESHAP regulations, which have developed NESHAPs past pollutant, by industry source category, and by industrial procedure. There are also NESHAPs for mobile sources (transportation), although these are primarily handled under the mobile source authorities.[vii] The 1990 amendments (adding CAA § 112(d-f)) besides created a process past which EPA was required to review and update its NESHAPs every eight years, and identify any risks remaining after application of MACT, and develop additional rules necessary to protect public wellness.[8]

New Source Functioning 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".[nine] The 1970 CAA required EPA to develop standards for newly-constructed and modified stationary sources (industrial facilities) using the "best organization of emission reduction which (taking into business relationship the cost of achieving such reduction) the [EPA] determines has been adequately demonstrated." EPA issued its offset NSPS regulation the next twelvemonth, covering steam generators, incinerators, Portland cement plants, and nitric and sulfuric acrid plants (36 FR 24876). Since and then, EPA has issued dozens of NSPS regulations, primarily by source category. The requirements promote industrywide adoption of bachelor pollution command technologies. Still, because these standards utilize just to new and modified sources, they promote extending the lifetimes of pre-existing facilities. In the 1977 CAA Amendments, Congress required EPA to behave a "new source review" procedure (forty CFR 52, subpart I) to make up one's mind whether maintenance and other activities rises to the level of modification requiring application of NSPS.[10]

Acid Rain Program [edit]

The Acid Pelting Program (ARP) is an emissions trading programme for power plants to control the pollutants that cause acid rain.[11] The 1990 CAA Amendments created a new title to address the outcome of acid rain, and specially nitrogen oxides (NOx) and sulfur dioxide (SO2) emissions from electric power plants powered by fossil fuels, and other industrial sources. The Acid Rain Program was the first emissions trading program in the Usa, setting a cap on total emissions that was reduced over time by way of traded emissions credits, rather than straight controls on emissions. The program evolved in two stages: the first stage required more than 100 electric generating facilities larger than 100 megawatts to meet a iii.5 million ton SO2 emission reduction by January 1995. The second stage gave facilities larger than 75 megawatts a Jan 2000 deadline. The program has accomplished all of its statutory goals.[12]

Ozone layer protection [edit]

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

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 engineering and reductions in tailpipe emissions. Today, the constabulary requires EPA to institute and regularly update regulations for pollutants that may threaten public health, from a wide variety of classes of motor vehicles, that incorporate applied science to achieve the "greatest degree of emission reduction achievable", factoring in availability, cost, energy, and condom (42 U.Southward.C. § 7521).

On-road 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 rider cars, minivans, passenger vans, pickup trucks, and SUVs. "Heavy-duty vehicles" regulations embrace 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 plan

The air pollution testing system for motor vehicles was originally developed in 1972 and used driving cycles designed to simulate driving during rush-hour in Los Angeles during that era. Until 1984, EPA reported the verbal fuel economy figures calculated from the test.[ citation needed ] In 1984, EPA began adjusting city (aka Urban Dynamometer Driving Schedule or UDDS) results downward by 10% and highway (aka HighWay Fuel Economy Test or HWFET) results past 22% to compensate for changes in driving conditions since 1972, and to better correlate the EPA test results with real-world driving. In 1996, EPA proposed updating the Federal Testing Procedures[15] to add together a new higher-speed test (US06) and an air-conditioner-on test (SC03) to further improve the correlation of fuel economy and emission estimates with existent-world reports. In December 2006 the updated testing methodology was finalized to be implemented in model year 2008 vehicles and set up the precedent of a 12-year review cycle for the test procedures.[sixteen]

In Feb 2005, EPA launched a program called "Your MPG" that allows drivers to add real-earth fuel economic system statistics into a database on EPA'due south fuel economy 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 3rd is tested for specific reasons.

Although originally created every bit a reference signal for fossil-fueled vehicles, driving cycles have been used for estimating how many miles an electric vehicle volition get on a single charge.[19]

Non-road vehicles regulations [edit]

The 1970 CAA amendments provided for regulation of shipping emissions (42 UsC. § 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.vii kiloNewton (three brusk ton-force), meaning primarily commercial jet shipping engines, intended to match international standards. EPA has been investigating whether to regulate lead in fuels for small shipping since 2010, just has not notwithstanding acted. The 1990 CAA Amendments (Pub.50. 101–549 § 222) added rules for a "nonroad" engine programme (42 UsC. § 7547), which expanded EPA regulation to locomotives, heavy equipment and small equipment engines fueled by diesel (pinch-ignition), and gas and other fuels (spark-ignition), and marine transport.

Voluntary programs [edit]

EPA has developed a variety of voluntary programs to incentivize and promote reduction in transportation-related air pollution, including elements of the Make clean Diesel fuel 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 health.[20] One of EPA'due south earliest actions was the elimination of lead in U.Due south. gasoline get-go in 1971 (36 FR 1486, 37 FR 3882, 38 FR 33734), a project that has been described as "one of the great public wellness achievements of the 20th century."[21] EPA continues to regulate the chemical composition of gasoline, avgas, and diesel in the United States.

Land implementation plans [edit]

The 1963 act required development of State Implementation Plans (SIPs) every bit function of a cooperative federalist program for developing pollution control standards and programs.[22] Rather than create a solely national program, the CAA imposes responsibilities on the U.S. states to create plans to implement the Act'due south requirements. EPA then reviews, amends, and approves those plans. EPA first 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 control measures" could be adopted. As progress on attainment was much slower than Congress originally instructed, major amendments to SIP requirements in nonattainment areas were function of the 1990 CAA Amendments.[24]

Prevention of significant deterioration [edit]

The 1977 CAA Amendments modified the SIP requirements by calculation "Prevention of Significant Deterioration" (PSD) requirements. These requirements protect areas, including peculiarly wilderness areas and national parks, that already met the NAAQS. The PSD provision requires SIPs to preserve skillful quality air in addition to cleaning upwardly 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 program, sometimes called the "Championship V Program", covering thousands of large industrial and commercial sources. It required large businesses to address pollutants released into the air, measure out their quantity, and have a plan to command and minimize them as well equally to periodically report. This consolidated requirements for a facility into a single document.[1] : 19 In non-attainment areas, permits were required for sources that emit every bit little equally 50, 25, or ten tons per year of VOCs depending on the severity of the region's not-attainment status.[26] Most permits are issued past country and local agencies.[27] If the land does not fairly monitor requirements, the EPA may take control. The public may request to view the permits by contacting the EPA. The allow is express to no more than than v years and requires a renewal.[26]

Monitoring and enforcement [edit]

One of the nigh public aspects of the Clean Air Act, EPA is empowered to monitor compliance with the police force'south 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 accused of circumventing the Human action'due south vehicle and fuel standards (eastward.g., the 2015 "Dieselgate" scandal).

Greenhouse gas regulation [edit]

Much of EPA's 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's subsequent endangerment finding, and evolution 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 authority of Part C of Title I of the Act. The EPA'southward car 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 passenger cars and light-duty trucks by 2025 and save over $4 billion barrels of oil and $one.7 trillion for consumers. The bureau has as well proposed a ii-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 programme.[31]

Others [edit]

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

  • Risk Assessment. Although not a regulatory program per se, many EPA regulatory programs involve take chances cess and direction.[32] Over the years, EPA has undertaken to unify and organize its many take chances assessment processes. The 1990 CAA Amendments created a Commission on Run a risk Assessment and Management tasked with making recommendations for a risk assessment framework,[33] and many subsequent reports have congenital on this piece of work.
  • Visibility and Regional Haze. 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 control. The Make clean Air Deed'southward "good neighbour" 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 Rule" between 2003 and 2005, but this was overturned past the courts in 2008. EPA then developed the Cross-State Air Pollution Rule between 2009 and 2011, and it continues to be litigated as EPA updates information technology.
  • 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 Second Industrial Revolution and the 1960s, the U.s.a. experienced increasingly severe air pollution. Following the 1948 Donora smog issue, the public began to discuss air pollution every bit a major problem, states began to laissez passer a series of laws to reduce air pollution, and Congress began discussing whether to take further action in response. At the time, the primary federal agencies interested in air pollution were the United states Agency of Mines, which was interested in "smoke abatement" (reducing fume from coal burning), and the United States Public Health 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 first federal legislation to address air pollution in 1955. The Air Pollution Control Act of 1955 authorized a research and preparation program, sending $iii 1000000 per yr to the U.S. Public Wellness Service for five years, but 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 further.

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

Make clean Air Act of 1963 and Early Amendments. The Clean Air Deed of 1963 (Pub.50. 88–206) was the starting time federal legislation to let the U.S. federal regime to accept directly action to control air pollution. It extended the 1955 research program, encouraged cooperative state, local, and federal action to reduce air pollution, appropriated $95 one thousand thousand over 3 years to support the evolution of state pollution control programs, and authorized the HEW Secretary to organize conferences and have straight action against interstate air pollution where state action was deemed to be insufficient.[38]

The Motor Vehicle Air Pollution Control Act (Pub.50. 89–272) amended the 1963 Clean Air Human activity and set the first 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.[ commendation needed ]. The law also added a new section to authorize abatement of international air pollution.[forty]

The Air Quality Deed of 1967 (Pub.50. 90–148) authorized planning grants to state air pollution control agencies, permitted the cosmos of interstate air pollution command agencies, and required HEW to define air quality regions and develop technical documentation that would permit states to set up ambience air quality and pollution control technology standards, and required states to submit implementation plans for improvement of air quality, and permitted HEW to take direct abatement activity 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 transport, and, for the starting time time, to perform far-reaching ambient monitoring studies and stationary source inspections. The 1967 act as well authorized expanded studies of air pollutant emission inventories, ambient monitoring techniques, and control techniques.[42] While only 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 House, December 31, 1970.

1970 Amendments. In the Clean Air Amendments of 1970 (Pub.50. 91–604), Congress profoundly 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 potency, 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 machine industry, whose emissions were to be reduced 90% under the new police. Senators had been frustrated at the industry's failure to cut emissions nether previous, weaker air laws.[43]

1977 Amendments. Major amendments were added to the Make clean Air Human action 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 also contained requirements pertaining to sources in non-attainment areas for NAAQS. A not-attainment area is a geographic area that does not meet one or more of the federal air quality standards. Both of these 1977 CAAA established major let review requirements to ensure attainment and maintenance of the NAAQS.[42] These amendments also included the adoption of an kickoff trading policy originally applied to Los Angeles in 1974 that enables new sources to offset their emissions past purchasing extra reductions from existing sources.[xxx]

The Clean Air Act Amendments of 1977 required Prevention of Pregnant 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 xv, 1990.

1990 Amendments. Another set up of major amendments to the Clean Air Act occurred in 1990 (1990 CAAA) (104 Stat. 2468, Pub.L. 101–549). The 1990 CAAA essentially increased the authority and responsibility of the federal authorities. New regulatory programs were authorized for control of acid deposition (acid pelting)[45] and for the issuance of stationary source operating permits. The NESHAPs were incorporated into a greatly expanded program 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 authority, and expanded research programs.[42]

The 1990 Clean Air Deed added regulatory programs for control of acid degradation (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 law's goals compared to earlier iterations of the Clean Air Human activity.[46] The amendments moved considerably across the original criteria pollutants, expanding the NESHAP program with a listing of 189 hazardous air pollutants to be controlled within hundreds of source categories, co-ordinate to a specific schedule.[1]{rp|16}} The NAAQS program was also expanded. Other new provisions covered stratospheric ozone protection, increased enforcement dominance and expanded research programs.[47]

Further amendments were made in 1990 to address the problems of acrid rain, ozone depletion, and toxic air pollution, and to plant a national permit program for stationary sources, and increased enforcement authority. 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 under President George H. Westward. Bush, William K. Reilly characterized passage of the 1990 amendments to the Clean Air Deed equally his most notable accomplishment.[48]

Federalism. Before 1970, there was but a very limited national air pollution command program, with almost all enforcement say-so reserved to state and local governments, as had been the case traditionally under U.S. federalism. The 1970 Clean Air Act was a major evolution in this organisation, providing EPA with enforcement authorization and requiring states to develop Country Implementation Plans for how they would meet new national ambient air quality standards past 1977.[49] This cooperative federal model continues today. The constabulary recognizes that states should atomic number 82 in carrying out the Clean Air Act, because pollution control issues oft require special agreement of local industries, geography, housing patterns, etc. However, states are non allowed to have weaker controls than the national minimum criteria set by EPA. EPA must corroborate each SIP, and if a SIP is not adequate, EPA tin can retain CAA enforcement in that state. For example, California was unable to see the new standards set past the Clean Air Amendments of 1970, which led to a lawsuit and a federal land implementation plan for the state.[50] The federal government also assists the states by providing scientific enquiry, good studies, technology designs, and money to support make clean air programs. The law too prevents states from setting standards that are more strict than the federal standards, simply carves out a special exemption for California due to its by problems 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 recent approval in 2009.[51] The California standard was adopted by twelve other states, and established the de facto standard that car manufacturers subsequently accustomed, to avoid having to develop unlike emission systems in their vehicles for unlike 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 make vehicles safer. EPA's Andrew Wheeler also stated that while the bureau respects federalism, they could not allow one land to dictate standards for the entire nation. California's governor Gavin Newsom considered the motility function of Trump's "political vendetta" against California and stated his intent to sue the federal regime.[52] Twenty-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'south decision.[53]

Effects [edit]

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

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

According to the near contempo study by EPA, when compared to the baseline of the 1970 and 1977 regulatory programs, past 2020 the updates initiated by the 1990 Make clean Air Act Amendments would be costing the United states of america near $60 billion per year, while benefiting the United States (in monetized health and lives saved) well-nigh $2 trillion per year.[55] In 2020, a study prepared for the Natural Resources Defense Council estimated annual benefits at 370,000 avoided premature deaths, 189,000 fewer infirmary admissions, and net economic benefits of up to $3.eight 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 become 99% cleaner for pollutants similar 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 have too been reduced by more than than 90%, resulting in decreased national emissions of these pollutants despite a more 400% increase in total miles driven yearly.[thirty] Since the 1980s, 1/4th of ground level ozone has been cutting, mercury emissions accept been cutting past eighty%, and since the alter from leaded gas to unleaded gas xc% of atmospheric lead pollution has been reduced.[58] A 2018 study found that the Clean Air Act contributed to the sixty% turn down in pollution emissions by the manufacturing manufacture between 1990 and 2008.[59] [60]

Legal challenges [edit]

Since its inception, the dominance given to the EPA by Congress and the EPA'due south rulemaking inside the Clean Air Act has been bailiwick to numerous lawsuits. Some of the major suits where the Clean Air Deed has been focal bespeak of litigation include the post-obit:

Railroad train five. Natural Resources Defense Council, Inc., 421 U.S. 60 (1975)
Nether the Make clean Air Human action, states were required to submit their implementation plans within nine months of the EPA'due south promulgation of the new standards. The EPA approved several state plans that allowed for variances in their emissions limitations, and the Natural Resources Defence force Council challenged that approval. The Supreme Courtroom held that the EPA's approving was valid, and that as long as the "ultimate effect of a Country's option of emission limitations is compliance with the national standards for ambient air," a state is "at freedom to adopt whatever mix of emission limitations it deems all-time suited to its particular state of affairs."[61]
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.Southward. 837 (1984)
The Make clean Air Act 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, then the EPA had interpreted what a source was based on the legislation. The EPA'southward interpretation was challenged, just after review, the Supreme Court ruled in a vii–0 decision that the EPA had judicial deference to establish their own interpretation of police when the law is cryptic and the interpretation is reasonable and consistent. This principle has come to be known as the Chevron deference applying to any executive agency granted powers from Congress.[62]
Whitman v. American Trucking Donkey'ns, Inc., 531 U.S. 457 (2001)
Following 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's 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'south rule did not consider the costs of implementing emissions regulations and controls. The Supreme Court reversed the D.C. District Court's ruling, affirming that non only was the delegation of power from Congress to the EPA by the Clean Air Act constitutional, but that the law did not require the EPA to consider costs as role of its determination for air quality controls.[63]
Massachusetts v. Ecology Protection Agency, 549 U.S. 497 (2007)
With force per unit area from states and environmental 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 Act 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 declining to act on what they considered to be harmful air pollutants. The Supreme Courtroom ruled v–4 that non only did the Make clean Air Act mandate the EPA to regulate carbon dioxide and other greenhouse gases as air pollutants, but that failing to regulate these emissions would go out the EPA liable to further litigation.[64] While the decision has remained contentious, the Court's decision in Massachusetts v. EPA was considered landmark, as it opened upwards the courts for further environmental lawsuits to forcefulness entities to reply to climate change.[65]
American Electric Power Co. 5. Connecticut, 564 U.Due south. 410 (2011)
Several states and cities sued electric utility companies to strength them to use a cap-and-trade system to reduce their emissions under a claim their emissions were a public nuisance. The Supreme Court ruled in an 8–0 decision that private companies cannot exist sued by other parties for emissions-related bug, as this is a ability specifically delegated to the EPA through the Clean Air Deed nether federal common law.[66]
Utility Air Regulatory Group v. Ecology Protection Agency, 573 U.Southward. 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 larn environmental permits prior to construction. The Supreme Court generally upheld the EPA'due south powers through the Make clean Air Act, through it vacated portions of the EPA'southward new rules affecting smaller sources.[67]
Michigan v. EPA, 576 U.Southward. 743 (2015)
In 2012, the EPA issued new rules that identified new pollutants such as mercury as hazardous materials to be regulated in power plant emissions. The toll 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 cistron involved. The Supreme Court ruled five–4 that the EPA'due south failure to consider the costs of these pollution controls was inappropriate, and that cost must exist a factor in any finding that the EPA finds "necessary and appropriate" nether the Clean Air Act.[68]
W Virginia v. EPA, pending
Due to an oversight during reconciliation in 1990, 42 U.Due south.C. § 7411(d) includes both House and Senate language related to the EPA'south authorisation to regulate carbon dioxide emissions from existing power plants, with the Business firm version disallow it while the Senate version allowing it. As office 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 courtroom, but due to the modify from the Obama assistants to the Trump administration, the Clean Power Program was repealed by the EPA in favor of the Affordable Clean Energy rule, seeking only a fraction of the emissions reductions from the Clean Power Plan. The Affordable Clean Free energy dominion 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'due south conclusion was brought to the Supreme Court by multiple states and the coal manufacture, seeking to determine if the EPA properly interpreted the intent of §7411(d). The case was certified, consolidating four petitions, and will exist heard during the 2021–22 term.[69]

Hereafter challenges [edit]

As of 2017, some US cities all the same do not meet all national ambient air quality standards. Information technology is probable that tens of thousands of premature deaths are still existence caused by fine-particle pollution and footing-level ozone pollution.[thirty]

Climate change poses a challenge to the management of conventional air pollutants in the United states due to warmer, dryer summer conditions that can lead to increased air stagnation episodes. Prolonged droughts that may contribute to wildfires would too result in regionally high levels of air particles.[lxx]

Transboundary air pollution (both entering and exiting the The states) is not straight regulated by the Clean Air Human action, requiring international negotiations and ongoing agreements with other nations, especially Canada and Mexico.[71]

Ecology justice continues to be an ongoing challenge for the Make clean Air Human activity. By promoting pollution reduction, the Clean Air Act helps reduce heightened exposure to air pollution among communities of color 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 nigh polluted areas across the U.s., which is considered to exacerbate wellness problems among these populations.[74] High levels of exposure to air pollution is linked to several health conditions, including asthma, cancer, premature death, and infant mortality, each of which disproportionately touch communities of color and low-income communities.[75] The pollution reduction achieved by the Clean Air Deed is associated with a reject in each of these conditions and can promote environmental justice for communities that are disproportionately impacted by air pollution and diminished health status.[75]

References [edit]

  1. ^ a b c "The Apparently English Guide to the Clean Air Human action" (PDF). Washington, DC: United states of america Environmental Protection Agency (EPA). Apr 2007. p. 19. EPA 456/Grand-07-001.
  2. ^ "Make clean Air Deed Text". EPA. March 24, 2021.
  3. ^ forty C.F.R. "Subchapter C (Air Programs)".
  4. ^ NAAQS Program:
    • Beginning enacted: 1970 CAA amendments, Pub.Fifty. 91–604 § 4.
    • Location in statute: CAA § 109, 42 UsaC. § 7409.
    • Major regulations: 40 CFR 50.
    • EPA pages: "Criteria Air Pollutants". April 9, 2014. "NAAQS". September 9, 2016.
  5. ^ See "EPA Make clean Air Scientific Advisory Committee".
  6. ^ NESHAPS Program:
    • Beginning enacted: 1970 CAA amendments, Pub.L. 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". December 2, 2015. "EPA HAPs List". December 16, 2015. "EPA NESHAP Source Categories". May six, 2015.
  7. ^ "HAPs Mobile Source Dominion". EPA. August iii, 2016.
  8. ^ "NESHAPs Risk and Technology Review". EPA. December xv, 2016.
  9. ^ NSPS Program:
    • First enacted: 1970 CAA amendments, Pub.Fifty. 91–604 § iv.
    • Location in statute: CAA § 111, 42 U.S.C. § 7411.
    • Major regulations: 40 CFR threescore.
    • EPA pages: "NSPS Regulations". Nov 25, 2016.
  10. ^ "NSR Regulatory Deportment". EPA. Dec ix, 2015.
  11. ^ Acid Rain Program:
    • First enacted: 1990 CAA amendments, Pub.Fifty. 101–549 § 401.
    • Location in statute: CAA Title IV-A, 42 U.s.a.C. ch. 85, subch. Four-A.
    • Major regulations: twoscore CFR 72 through twoscore CFR 78.
    • EPA pages: "Clean Air Markets". August 12, 2014. "Acid Rain Plan". August 21, 2014. "Acid Rain". Dec 2, 2015.
  12. ^ "ARP Progress Reports". EPA.
  13. ^ Ozone Layer Protection Program:
    • First enacted: 1990 CAA amendments, Pub.50. 101–549 § 601.
    • Location in statute: CAA Title VI, 42 United states of americaC. ch. 85, subch. VI.
    • Major regulations: xl CFR 72 through 40 CFR 82.
    • EPA pages: "Ozone Layer Protection". Feb xv, 2013. "Ozone Layer Protection nether the CAA". July 14, 2015.
  14. ^ Mobile Source Programs
    • Kickoff enacted: Motor Vehicle Air Pollution Control Act of 1965, Pub.L. 89–272 § 101.
    • Location in statute: CAA Title Two, 42 U.S.C. ch. 85, subch. II.
    • Major regulations: 40 CFR 85, forty CFR 86, forty CFR 87, 40 CFR 89, 40 CFR 1039, forty CFR 1048, xl CFR 1054), 40 CFR 1051), 40 CFR 1068.
    • EPA pages: "Regulations for Emissions from Vehicles and Engines". April 15, 2016. "Regulations for Onroad Vehicles and Engines". August ten, 2016. "Regulations for Smog, Soot, and Other Air Pollution from Rider Cars & Trucks". September 9, 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 Not-Electric Motorcycles". September 22, 2016. "Regulations for Nitrogen Oxide Emissions from Aircraft". September 28, 2016. "Regulations for Lead Emissions from Shipping". September 9, 2016. "Regulations for Emissions from Locomotives". September xiii, 2016. "Voluntary Programs to Reduce Mobile Source Pollution". June 16, 2016.
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  20. ^ Fuel Controls Programs:
    • First enacted: Air Quality Act of 1967, Pub.Fifty. 90–148 § 210.
    • Location in statute: CAA § 211, 42 U.S.C. § 7545.
    • Major regulations: 40 CFR 1090.
    • EPA pages: "Terminal Rulemaking: Streamlining and Consolidating of Existing Gasoline and Diesel fuel Programs". October vii, 2020. "Gasoline Standards". April 8, 2015. "Diesel Standards". April 8, 2015. "Renewable Fuel Standard Program". April viii, 2015.
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  22. ^ xl CFR 51, 40 CFR 52
  23. ^ 36 FR 15486, 37 FR 19807)
  24. ^ Garrett & Winner. "Chapter 4. Nonattainment". ELR.
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    "History of Hazard at EPA". Risk Assessment. EPA. August 24, 2021.
  33. ^ Pub.L. 101–549 § 303. Not codified.
  34. ^ Regional Brume Program:
    • Start enacted: 1977 Amendments, Pub.L. 95–95 § 128, 1990 Amendments, Pub.L. 101–549 § 816.
    • Location in statute: 42 United statesC. § 7491, 42 The statesC. § 7492.
    • Major regulations: twoscore CFR 51, Subpart P.
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    Shouse, Kate C. (August 30, 2018). "The Clean Air Act's Good Neighbor Provision: Overview of Interstate Air Pollution Control" (PDF). Congressional Research Service. R45299.
    "Clean Air Interstate Rule (Archive)". EPA. Feb 21, 2016.
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  43. ^ EPA Alumni Clan: William Ruckelshaus in a 2013 interview discusses his offset-term efforts at implementing the Clean Air Act of 1970, Video, Transcript (see p14).
  44. ^ Clean Air Deed Amendments of 1977, P.L. 95-95, 91 Stat. 685, August seven, 1977.
  45. ^ Former Deputy Ambassador Hank Habicht talks virtually management at EPA. An Interview with Hank Habicht Video, Transcript (run into p6). December 21, 2012.
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  73. ^ Miranda, Marie Lynn; Edwards, Sharon E.; Keating, Martha H.; Paul, Christopher J. (April xviii, 2017). "Making the Environmental Justice Grade: The Relative Brunt of Air Pollution Exposure in the United States". International Periodical of Ecology Research and Public Health. viii (6): 1755–1771. doi:10.3390/ijerph8061755. ISSN 1661-7827. PMC3137995. PMID 21776200.
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External links [edit]

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

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

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