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Home  ›  Clean Air, Clean Water, Safe Streets, And National Security Are Often Cited As Examples Of What?

Clean Air, Clean Water, Safe Streets, And National Security Are Often Cited As Examples Of What?

Written By Thursday, February 24, 2022 Add Comment Edit

United States federal law to control air pollution

Clean Air Act
Great Seal of the United States
Long title An Deed to meliorate, strengthen, and advance programs for the prevention and abatement of air pollution, as amended.
Acronyms (colloquial) CAA
Codification
U.S.C. sections created 42 United statesC. ch. 85 (§§ 7401-7671q)
Major amendments
Clean Air Human activity 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 Act of 1967 (81 Stat. 485, Pub.Fifty. xc–148)
Clean Air Amendments of 1970 (84 Stat. 1676, Pub.L. 91–604)
Make clean Air Act Amendments of 1977 (91 Stat. 685, Pub.L. 95–95)
Clean Air Human action Amendments of 1990 (104 Stat. 2468, Pub.Fifty. 101–549)
United States Supreme Court cases
  • Marriage Elec. Co. v. EPA, 427 U.Due south. 246 (1976)
  • Chevron v. NRDC, 467 U.Southward. 837 (1984)
  • Whitman v. Am. Trucking Ass'ns, 531 U.S. 457 (2001)
  • Engineer Manufacturers Association five. S Coast Air Quality Direction District, 541 U.Southward. 246 (2004)
  • Massachusetts five. EPA, 549 U.S. 497 (2007)
  • Ecology Defense v. Knuckles Energy Corp., 549 U.Due south. 561 (2007)
  • American Electric Power Co. v. Connecticut, 564 U.S. 410 (2011)
  • EPA v. EME Homer Urban center Generation, L. P., 572 U.S. 489 (2014)
  • Utility Air Regulatory Grouping v. Environmental Protection Bureau, 573 U.S. 302 (2014)
  • Michigan v. EPA, No. xiv-46, 576 U.South. ___ (2015)
  • HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Assn., No. twenty-472, 594 U.Due south. ___ (2021)
  • W Virginia v. EPA (pending)

The Clean Air Act (CAA) is the Us' chief federal air quality police force, intended to reduce and control air pollution nationwide. Initially enacted in 1963 and amended many times since, it is ane of the United states' first and most influential modern environmental laws.

As with many other major U.S. federal environmental statutes, the Clean Air Act is administered by the U.Southward. Environmental Protection Bureau (EPA), in coordination with country, local, and tribal governments.[ane] : 2–3 EPA develops all-encompassing administrative regulations to carry out the law's mandates. The associated regulatory programs are oft technical and complex. Among the most important, the National Ambient Air Quality Standards plan 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 chancy pollutants from specific sources. Other programs create requirements for vehicle fuels, industrial facilities, and other technologies and activities that affect air quality. Newer programs tackle specific problems, including acid pelting, ozone layer protection, and climate change.

Although its exact benefits depend on what is counted, the Clean Air Act has substantially 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 Act" typically refers to the codified statute at 42 The statesC. ch. 85. That statute is the product of multiple acts of Congress, ane of which—the 1963 act—was actually titled the Clean Air Human action, and another of which—the 1970 act—is virtually ofttimes referred to as such. In the U.Southward. Code, the statute itself is divided into subchapters, and the section numbers are non clearly related to the subchapters. Still in the bills that created the constabulary, the major divisions are called "Titles", and the constabulary's sections are numbered according to the title (e.thousand., Title II begins with Section 201).[2] In practice, EPA, courts, and attorneys often use the latter numbering scheme.

Although many parts of the statute are quite detailed, others set out just the general outlines of the law's regulatory programs, and leave many key terms undefined. Responsible agencies, primarily EPA, have therefore developed administrative regulations to carry out Congress'due south instructions. EPA'southward proposed and concluding regulations are published in the Federal Annals, often with lengthy background histories. The existing CAA regulations are codified at 40 C.F.R. Subchapter C, Parts 50–98.[3] These Parts more than oft stand for to the Clean Air Act's major regulatory programs.

Today, the post-obit are major regulatory programs under the Clean Air Human activity.

National Ambient Air Quality Standards [edit]

The National Ambient Air Quality Standards (NAAQS) govern how much basis-level ozone (O3), carbon monoxide (CO), particulate affair (PM10, PMtwo.5), lead (Pb), sulfur dioxide (SO2), and nitrogen dioxide (NOtwo) are allowed in the outdoor air.[4] The NAAQS set the acceptable levels of certain air pollutants in the ambient air in the U.s.. Prior to 1965, there was no national program for developing ambient air quality standards, and prior to 1970 the federal regime did non take primary responsibility for developing them. The 1970 CAA amendments required EPA to decide which air pollutants posed the greatest threat to public health and welfare and promulgate NAAQS and air quality criteria for them. The wellness-based standards were called "primary" NAAQS, while standards set to protect public welfare other than health (east.grand., 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 atomic number 82 as a criteria pollutant, decision-making 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.five in 1997 (62 FR 38652), and updates the NAAQS from time to time based on emerging environmental and health science.

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 exist emitted from industrial facilities and other sources.[half-dozen] Under the CAA, chancy air pollutants (HAPs, or air toxics) are air pollutants other than those for which NAAQS be, which threaten human wellness 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 listing of HAPs, and so develop national emissions standards for each of them. The original NESHAPs were health-based standards. The 1990 CAA Amendments (Pub.Fifty. 101–549 Championship Three) codified EPA's listing, and required creation of technology-based standards according to "maximum achievable command engineering" (MACT). Over the years, EPA has issued dozens of NESHAP regulations, which have developed NESHAPs by pollutant, past industry source category, and past industrial procedure. There are also NESHAPs for mobile sources (transportation), although these are primarily handled nether the mobile source government.[seven] The 1990 amendments (adding CAA § 112(d-f)) also created a procedure by which EPA was required to review and update its NESHAPs every viii years, and identify any risks remaining after application of MACT, and develop additional rules necessary to protect public health.[8]

New Source Performance Standards [edit]

The New Source Performance 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-constructed and modified stationary sources (industrial facilities) using the "best system of emission reduction which (taking into account the cost of achieving such reduction) the [EPA] determines has been adequately demonstrated." EPA issued its first NSPS regulation the next twelvemonth, covering steam generators, incinerators, Portland cement plants, and nitric and sulfuric acid plants (36 FR 24876). Since then, EPA has issued dozens of NSPS regulations, primarily by source category. The requirements promote industrywide adoption of available pollution control technologies. However, because these standards apply but 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" process (twoscore 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 Acid Rain Programme (ARP) is an emissions trading plan for power plants to control the pollutants that cause acid rain.[11] The 1990 CAA Amendments created a new title to accost the issue of acid rain, and peculiarly nitrogen oxides (NOx) and sulfur dioxide (SOii) emissions from electrical power plants powered past fossil fuels, and other industrial sources. The Acid Rain Programme was the first emissions trading programme in the U.s., setting a cap on total emissions that was reduced over time by way of traded emissions credits, rather than directly controls on emissions. The program evolved in two stages: the first stage required more than 100 electric generating facilities larger than 100 megawatts to see a 3.5 meg ton So2 emission reduction past Jan 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 plan is a technology transition programme intended to phase out the use of chemicals that damage the ozone layer.[13] Consequent with the US commitments in the Montreal Protocol, CAA Title VI, added past the 1990 CAA Amendments, mandated regulations regarding the use and production of chemicals that harm Earth's 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 utilise, and ascertain practices for destroying them, maintaining and servicing equipment that uses them, and identifying new alternatives to those however 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 constabulary requires EPA to establish and regularly update regulations for pollutants that may threaten public health, from a broad multifariousness of classes of motor vehicles, that incorporate technology to accomplish the "greatest degree of emission reduction achievable", factoring in availability, cost, free energy, and safe (42 UsC. § 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'southward "low-cal-duty vehicles" regulations cover passenger 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-hour 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 urban center (aka Urban Dynamometer Driving Schedule or UDDS) results downward past 10% and highway (aka HighWay Fuel Economy Test or HWFET) results by 22% to compensate for changes in driving conditions since 1972, and to ameliorate correlate the EPA test results with real-globe driving. In 1996, EPA proposed updating the Federal Testing Procedures[15] to add a new college-speed test (US06) and an air-conditioner-on test (SC03) to further improve the correlation of fuel economy and emission estimates with real-world reports. In December 2006 the updated testing methodology was finalized to exist implemented in model year 2008 vehicles and gear up the precedent of a 12-year review cycle for the test procedures.[16]

In February 2005, EPA launched a programme called "Your MPG" that allows drivers to add real-world fuel economy statistics into a database on EPA's fuel economy website and compare them with others and with the original EPA exam 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 point for fossil-fueled vehicles, driving cycles accept been used for estimating how many miles an electrical vehicle volition become on a single charge.[xix]

Not-road vehicles regulations [edit]

The 1970 CAA amendments provided for regulation of aircraft emissions (42 United statesC. § 7571), and EPA began regulating in 1973. In 2022, EPA finalized its newest restrictions on NOx emissions from gas turbine aircraft engines with rated thrusts above 26.seven kiloNewton (iii short ton-force), meaning primarily commercial jet aircraft engines, intended to match international standards. EPA has been investigating whether to regulate lead in fuels for small shipping since 2022, but has not yet acted. The 1990 CAA Amendments (Pub.L. 101–549 § 222) added rules for a "nonroad" engine program (42 U.S.C. § 7547), which expanded EPA regulation to locomotives, heavy equipment and small equipment engines fueled by diesel (compression-ignition), and gas and other fuels (spark-ignition), and marine ship.

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 Entrada, Ports Initiative, SmartWay program, and others.

Fuel controls [edit]

EPA has regulated the chemical limerick of transportation fuels since 1967, with significant new authorisation added in 1970 to protect public health.[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 projection that has been described equally "one of the not bad public wellness achievements of the 20th century."[21] EPA continues to regulate the chemical composition of gasoline, avgas, and diesel fuel in the United states.

State implementation plans [edit]

The 1963 act required development of State Implementation Plans (SIPs) as part of a cooperative federalist program for developing pollution command standards and programs.[22] Rather than create a solely national program, the CAA imposes responsibilities on the U.South. states to create plans to implement the Human action'southward requirements. EPA and so reviews, apology, and approves those plans. EPA get-go promulgated SIP regulations in 1971 and 1972.[23]

Non-attainment areas [edit]

The 1977 CAA Amendments added SIP requirements for areas that had non attained the applicative NAAQS ("nonattainment areas"). In these areas, states were required to adopt plans that fabricated "reasonable further progress" toward attainment until all all "reasonably available command measures" could exist 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 pregnant deterioration [edit]

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

Stationary source operating permits [edit]

The 1990 amendments authorized a national operating let program, sometimes called the "Title Five Program", covering thousands of large industrial and commercial sources. It required large businesses to accost pollutants released into the air, measure their quantity, and have a plan to control and minimize them as well as to periodically report. This consolidated requirements for a facility into a single certificate.[1] : 19 In non-attainment areas, permits were required for sources that emit as niggling as l, 25, or x tons per year of VOCs depending on the severity of the region'south non-attainment status.[26] About permits are issued by country and local agencies.[27] If the state does not adequately monitor requirements, the EPA may have control. The public may request to view the permits by contacting the EPA. The permit is express to no more than 5 years and requires a renewal.[26]

Monitoring and enforcement [edit]

1 of the most public aspects of the Clean Air Act, EPA is empowered to monitor compliance with the law's many requirements, seek penalties for violations, and hogtie regulated entities to come into compliance.[28] Enforcement cases are ordinarily settled, with penalties assessed well beneath maximum statutory limits.[ citation needed ] Recently, many of the largest Clean Air Deed settlements have been reached with automakers defendant of circumventing the Act's vehicle and fuel standards (east.g., the 2022 "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's ruling in Massachusetts 5. EPA, the EPA's subsequent endangerment finding, and development of specific regulations for various sources.[29] Standards for mobile sources have been established pursuant to Section 202 of the CAA, and GHGs from stationary sources are controlled under the authority of Part C of Title I of the Human activity. The EPA'south motorcar emission standards for greenhouse gas emissions issued in 2022 and 2022 are intended to cut emissions from targeted vehicles past half, double fuel economy of passenger cars and lite-duty trucks by 2025 and save over $4 billion barrels of oil and $1.vii trillion for consumers. The agency has also proposed a two-phase program to reduce greenhouse gas emissions for medium and heavy duty trucks and buses.[ needs update ] [30] In addition, EPA oversees the national greenhouse gas inventory reporting program.[31]

Others [edit]

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

  • Risk Cess. Although not a regulatory plan per se, many EPA regulatory programs involve risk assessment and management.[32] Over the years, EPA has undertaken to unify and organize its many risk assessment processes. The 1990 CAA Amendments created a Commission on Hazard Assessment and Management tasked with making recommendations for a risk cess 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 past reducing pollutants that contribute to haze.[34]
  • Interstate pollution control. The Make clean Air Act's "practiced neighbor" provision requires states to control emissions that will significantly contribute to NAAQS nonattainment or maintenance in a downwind country.[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 adult the Cross-State Air Pollution Rule between 2009 and 2022, and it continues to be 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 exist much higher than standard regulatory limits.[37]

History [edit]

Betwixt the Second Industrial Revolution and the 1960s, the The states experienced increasingly astringent air pollution. Following the 1948 Donora smog event, 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 further activity in response. At the time, the primary federal agencies interested in air pollution were the United States Bureau of Mines, which was interested in "smoke abatement" (reducing fume from coal burning), and the Usa Public Wellness Service, which handled industrial hygiene and was concerned with the causes of lung health problems.[38]

After several years of proposals and hearings, Congress passed the first federal legislation to address air pollution in 1955. The Air Pollution Control Human activity of 1955 authorized a inquiry and preparation program, sending $3 meg per yr to the U.S. Public Health Service for 5 years, but did non direct regulate pollution sources. The 1955 Act's research programme was extended in 1959, 1960, and 1962 while Congress considered whether to regulate further.

Beginning in 1963, Congress began expanding federal air pollution control law to accelerate the emptying of air pollution throughout the country. The new law'south programs were initially administered by the U.Southward. Secretary of Health, Education, and Welfare, and the Air Pollution Office of the U.South. Public Health 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.Southward. Supreme Court's ruling in Massachusetts v. EPA resulted in an expansion of EPA'southward CAA regulatory activities to encompass greenhouse gases.

Clean Air Human action of 1963 and Early Amendments. The Clean Air Act of 1963 (Pub.L. 88–206) was the first federal legislation to permit the U.S. federal regime to accept direct action to command air pollution. It extended the 1955 inquiry programme, encouraged cooperative state, local, and federal activity to reduce air pollution, appropriated $95 1000000 over three years to support the evolution of country pollution control programs, and authorized the HEW Secretary to organize conferences and take direct activity against interstate air pollution where country action was deemed to be insufficient.[38]

The Motor Vehicle Air Pollution Command Human activity (Pub.L. 89–272) amended the 1963 Clean Air Act and set up the first federal vehicle emissions standards, start with the 1968 models. These standards were reductions from 1963 emissions levels: 72% reduction for hydrocarbons, 56% reduction for carbon monoxide, and 100% reduction for crankcase hydrocarbons.[ citation needed ]. The police also added a new section to authorize abatement of international air pollution.[twoscore]

The Air Quality Act of 1967 (Pub.L. 90–148) authorized planning grants to state air pollution control agencies, permitted the cosmos of interstate air pollution control agencies, and required HEW to define air quality regions and develop technical documentation that would allow states to prepare ambient air quality and pollution control technology standards, and required states to submit implementation plans for comeback of air quality, and permitted HEW to take directly abatement activity in air pollution emergencies. Information technology also authorized expanded studies of air pollutant emission inventories, ambient monitoring techniques, and control techniques.[41] [forty] This enabled the federal government to increase its activities to investigate enforcing interstate air pollution send, and, for the start time, to perform far-reaching ambience monitoring studies and stationary source inspections. The 1967 act also authorized expanded studies of air pollutant emission inventories, ambient monitoring techniques, and command techniques.[42] While simply six 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, 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 land 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 authority, all toward achieving aggressive air pollution reduction goals.

To implement the strict amendments, EPA Administrator William Ruckelshaus spent 60% of his time during his first term on the automobile industry, whose emissions were to be reduced 90% nether the new law. Senators had been frustrated at the industry's failure to cut emissions under previous, weaker air laws.[43]

1977 Amendments. Major amendments were added to the Clean Air 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 too independent requirements pertaining to sources in not-attainment areas for NAAQS. A non-attainment area is a geographic expanse that does not meet i or more than 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 offset trading policy originally applied to Los Angeles in 1974 that enables new sources to beginning their emissions past purchasing extra reductions from existing sources.[thirty]

The Make clean Air Act 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 Make clean Air Human activity Amendments of 1990 at the White House, November 15, 1990.

1990 Amendments. Some other set of major amendments to the Clean Air Act occurred in 1990 (1990 CAAA) (104 Stat. 2468, Pub.Fifty. 101–549). The 1990 CAAA essentially increased the say-so and responsibility of the federal government. New regulatory programs were authorized for control of acid deposition (acrid rain)[45] and for the issuance of stationary source operating permits. The NESHAPs were incorporated into a greatly 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 authority, and expanded research programs.[42]

The 1990 Clean Air Act added regulatory programs for control of acid deposition (acrid rain) and stationary source operating permits. The provisions aimed at reducing sulfur dioxide emissions included a cap-and-trade program, which gave power companies more flexibility in meeting the law's goals compared to earlier iterations of the Make 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 within hundreds of source categories, co-ordinate to a specific schedule.[ane]{rp|xvi}} The NAAQS program was likewise expanded. Other new provisions covered stratospheric ozone protection, increased enforcement authority and expanded research programs.[47]

Further amendments were made in 1990 to accost the issues of acrid rain, ozone depletion, and toxic air pollution, and to found a national allow program for stationary sources, and increased enforcement authority. The amendments also established new automobile gasoline reformulation requirements, fix Reid vapor pressure (RVP) standards to control evaporative emissions from gasoline, and mandated new gasoline formulations sold from May to September in many states. Reviewing his tenure as EPA Ambassador under President George H. W. Bush, William K. Reilly characterized passage of the 1990 amendments to the Make clean Air Human action as his most notable achievement.[48]

Federalism. Before 1970, in that location was only a very limited national air pollution control program, with almost all enforcement authority reserved to land and local governments, as had been the case traditionally nether U.S. federalism. The 1970 Clean Air Act was a major evolution in this arrangement, providing EPA with enforcement authority and requiring states to develop State Implementation Plans for how they would encounter new national ambience air quality standards by 1977.[49] This cooperative federal model continues today. The law recognizes that states should lead in conveying out the Make clean Air Act, considering pollution control problems oft require special understanding of local industries, geography, housing patterns, etc. Even so, states are not allowed to have weaker controls than the national minimum criteria ready by EPA. EPA must approve each SIP, and if a SIP is not adequate, EPA can retain CAA enforcement in that state. For example, California was unable to come across the new standards set by the Make clean Air Amendments of 1970, which led to a lawsuit and a federal country implementation plan for the state.[l] The federal government also assists the states by providing scientific inquiry, adept studies, engineering designs, and money to support clean air programs. The law as well prevents states from setting standards that are more strict than the federal standards, merely carves out a special exemption for California due to its past issues with smog pollution in the metropolitan areas. In practice, when California's environmental agencies decide on new vehicle emission standards, they are submitted to the EPA for approving under this waiver, with the most recent approval in 2009.[51] The California standard was adopted past twelve other states, and established the de facto standard that automobile manufacturers subsequently accepted, to avert having to develop different emission systems in their vehicles for dissimilar states. However, in September 2022, President Donald Trump attempted to revoke this waiver, arguing that the stricter emissions have made cars likewise expensive, and by removing them, will brand vehicles safer. EPA'south Andrew Wheeler also stated that while the agency respects federalism, they could not allow 1 state to dictate standards for the unabridged nation. California's governor Gavin Newsom considered the movement part of Trump'due south "political vendetta" against California and stated his intent to sue the federal authorities.[52] 20-three states, along with the District of Columbia and the cities of New York Urban center and Los Angeles, joined California in a federal lawsuit challenging the administration's decision.[53]

Effects [edit]

Graph showing decreases in The states air pollution concentrations during 1990 to 2022

Co-ordinate to the well-nigh recent study by EPA, when compared to the baseline of the 1970 and 1977 regulatory programs, by 2022 the updates initiated by the 1990 Clean Air Act Amendments would be costing the United States about $lx billion per year, while benefiting the United States (in monetized health and lives saved) about $2 trillion per year.[54] In 2022, a study prepared for the Natural Resources Defense Council estimated annual benefits at 370,000 avoided premature deaths, 189,000 fewer hospital admissions, and net economical benefits of up to $3.8 trillion (32 times the cost of the regulations).[55] Other studies have reached like conclusions.[56]

Mobile sources including automobiles, trains, and boat 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 have 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.[30] Since the 1980s, 1/4th of footing level ozone has been cut, mercury emissions have been cut past 80%, and since the change from leaded gas to unleaded gas xc% of atmospheric lead pollution has been reduced.[57] A 2022 written report found that the Clean Air Act contributed to the threescore% decline in pollution emissions by the manufacturing industry between 1990 and 2008.[58] [59]

Legal challenges [edit]

Since its inception, the authority given to the EPA by Congress and the EPA's rulemaking inside the Make clean Air Act has been field of study to numerous lawsuits. Some of the major suits where the Clean Air Act has been focal point of litigation include the following:

Train five. Natural Resources Defense Council, Inc., 421 U.S. 60 (1975)
Under the Clean Air Human activity, states were required to submit their implementation plans inside ix months of the EPA'south promulgation of the new standards. The EPA canonical several country plans that allowed for variances in their emissions limitations, and the Natural Resources Defence force Council challenged that approval. The Supreme Court held that the EPA'southward approval was valid, and that equally long as the "ultimate outcome of a State's choice of emission limitations is compliance with the national standards for ambient air," a land is "at liberty to adopt whatever mix of emission limitations it deems all-time suited to its particular situation."[60]
Chevron U.Due south.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)
The Clean Air Act instructed the EPA to regulate emissions from sources of air pollution, but did not define what should exist considered a source for the emission of air pollution, so the EPA had interpreted what a source was based on the legislation. The EPA'southward interpretation was challenged, but after review, the Supreme Court ruled in a seven–0 determination that the EPA had judicial deference to establish their own interpretation of law when the law is ambiguous and the interpretation is reasonable and consistent. This principle has come to be known equally the Chevron deference applying to any executive bureau granted powers from Congress.[61]
Whitman v. American Trucking Ass'ns, Inc., 531 U.S. 457 (2001)
Following the EPA's rulemaking related to setting NAAQS standards related to diesel truck emissions, the trucking manufacture 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. Circuit Court establish in favor of the trucking manufacture, determining that the EPA'southward rule did not consider the costs of implementing emissions regulations and controls. The Supreme Court reversed the D.C. Commune Court'southward ruling, affirming that not only was the delegation of power from Congress to the EPA past the Clean Air Act constitutional, just that the law did not crave the EPA to consider costs as part of its determination for air quality controls.[62]
Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007)
With pressure from states and environmental groups on the EPA to regulate carbon dioxide and other greenhouse gas emissions from motor vehicles, the EPA determined 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 prepare such regulations even if they were able to. Multiple states and agencies sued the EPA for failing to act on what they considered to be harmful air pollutants. The Supreme Court ruled 5–4 that not simply 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 leave the EPA liable to farther litigation.[63] While the decision has remained contentious, the Courtroom's conclusion in Massachusetts v. EPA was considered landmark, equally it opened upward the courts for further environmental lawsuits to strength entities to respond to climate change.[64]
American Electric Ability Co. v. Connecticut, 564 U.S. 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 Courtroom ruled in an eight–0 decision 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 Act nether federal common law.[65]
Utility Air Regulatory Group 5. Environmental Protection Agency, 573 U.S. 302 (2014)
The EPA issued new rules in 2022 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 past 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'south powers through the Clean Air Act, through it vacated portions of the EPA's new rules affecting smaller sources.[66]
Michigan v. EPA, 576 U.S. 743 (2015)
In 2022, the EPA issued new rules that identified new pollutants such as mercury as hazardous materials to be regulated in ability plant emissions. The price 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 price factor involved. The Supreme Court ruled 5–4 that the EPA'southward failure to consider the costs of these pollution controls was inappropriate, and that cost must be a cistron in any finding that the EPA finds "necessary and appropriate" nether the Clean Air Human activity.[67]
Due west 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's authority to regulate carbon dioxide emissions from existing power plants, with the House version disallow it while the Senate version assuasive information technology. Equally part of the Clean Power Plan rules in 2022, the EPA relied on the Senate version of §7411(d) to implement new rules for existing sources to significantly cutting carbon dioxide emissions. The new rules were challenged in court, but due to the modify from the Obama administration to the Trump administration, the Make clean Power Plan was repealed by the EPA in favor of the Affordable Clean Free energy rule, seeking just a fraction of the emissions reductions from the Clean Power Plan. The Affordable Make 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'south mandate to the Clean Air Act based on the Senate'south version of §7411(d). The Court'southward 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 will be heard during the 2022–22 term.[68]

Future challenges [edit]

As of 2022, some United states cities all the same practise non meet all national ambience air quality standards. Information technology is likely that tens of thousands of premature deaths are still being caused by fine-particle pollution and ground-level ozone pollution.[30]

Climate change poses a challenge to the management of conventional air pollutants in the U.s. due to warmer, dryer summer atmospheric condition that tin can lead to increased air stagnation episodes. Prolonged droughts that may contribute to wildfires would also result in regionally high levels of air particles.[69]

Transboundary air pollution (both inbound and exiting the United States) is not directly regulated by the Make clean Air Act, requiring international negotiations and ongoing agreements with other nations, particularly Canada and United mexican states.[seventy]

Environmental justice continues to exist an ongoing challenge for the Clean Air Act. By promoting pollution reduction, the Make clean Air Human action helps reduce heightened exposure to air pollution amid communities of color and low-income communities.[71] But African American populations are "consistently over represented" in areas with the poorest air quality.[72] Dense populations of low-income and minority communities inhabit the most polluted areas across the U.s.a., which is considered to exacerbate health problems among these populations.[73] High levels of exposure to air pollution is linked to several wellness weather condition, including asthma, cancer, premature expiry, and babe mortality, each of which unduly bear on communities of color and depression-income communities.[74] The pollution reduction achieved past the Clean Air Act is associated with a pass up in each of these conditions and can promote environmental justice for communities that are disproportionately impacted past air pollution and diminished health status.[74]

References [edit]

  1. ^ a b c "The Plain English Guide to the Clean Air Act" (PDF). Washington, DC: Usa Environmental Protection Agency (EPA). April 2007. p. 19. EPA 456/G-07-001.
  2. ^ "Clean Air Human activity Text". EPA. March 24, 2022.
  3. ^ twoscore C.F.R. "Subchapter C (Air Programs)".
  4. ^ NAAQS Program:
    • First enacted: 1970 CAA amendments, Pub.L. 91–604 § four.
    • Location in statute: CAA § 109, 42 U.S.C. § 7409.
    • Major regulations: 40 CFR 50.
    • EPA pages: "Criteria Air Pollutants". April nine, 2022. "NAAQS". September 9, 2022.
  5. ^ See "EPA Make clean Air Scientific Advisory Committee".
  6. ^ NESHAPS Program:
    • First enacted: 1970 CAA amendments, Pub.50. 91–604 § 4.
    • Location in statute: CAA § 112, 42 The statesC. § 7412.
    • Major regulations: 40 CFR 61, 40 CFR 63.
    • EPA pages: "Hazardous Air Pollutants". December 2, 2022. "EPA HAPs List". December 16, 2022. "EPA NESHAP Source Categories". May 6, 2022.
  7. ^ "HAPs Mobile Source Rule". EPA. August 3, 2022.
  8. ^ "NESHAPs Risk and Applied science Review". EPA. December xv, 2022.
  9. ^ NSPS Program:
    • Starting time enacted: 1970 CAA amendments, Pub.L. 91–604 § four.
    • Location in statute: CAA § 111, 42 U.S.C. § 7411.
    • Major regulations: twoscore CFR 60.
    • EPA pages: "NSPS Regulations". Nov 25, 2022.
  10. ^ "NSR Regulatory Actions". EPA. December 9, 2022.
  11. ^ Acid Rain Program:
    • First enacted: 1990 CAA amendments, Pub.L. 101–549 § 401.
    • Location in statute: CAA Title IV-A, 42 U.s.a.C. ch. 85, subch. IV-A.
    • Major regulations: 40 CFR 72 through 40 CFR 78.
    • EPA pages: "Clean Air Markets". August 12, 2022. "Acid Pelting Program". August 21, 2022. "Acid Rain". December two, 2022.
  12. ^ "ARP Progress Reports". EPA.
  13. ^ Ozone Layer Protection Plan:
    • Showtime enacted: 1990 CAA amendments, Pub.L. 101–549 § 601.
    • Location in statute: CAA Title VI, 42 U.S.C. ch. 85, subch. VI.
    • Major regulations: xl CFR 72 through 40 CFR 82.
    • EPA pages: "Ozone Layer Protection". February 15, 2022. "Ozone Layer Protection under the CAA". July xiv, 2022.
  14. ^ Mobile Source Programs
    • First enacted: Motor Vehicle Air Pollution Command Act of 1965, Pub.L. 89–272 § 101.
    • Location in statute: CAA Title 2, 42 The statesC. ch. 85, subch. II.
    • Major regulations: 40 CFR 85, 40 CFR 86, 40 CFR 87, 40 CFR 89, forty CFR 1039, xl CFR 1048, 40 CFR 1054), 40 CFR 1051), twoscore CFR 1068.
    • EPA pages: "Regulations for Emissions from Vehicles and Engines". April 15, 2022. "Regulations for Onroad Vehicles and Engines". August 10, 2022. "Regulations for Smog, Soot, and Other Air Pollution from Passenger Cars & Trucks". September 9, 2022. "Regulations for Smog, Soot, and Other Air Pollution from Commercial Trucks & Buses". September 12, 2022. "Regulations for Smog, Soot, and Other Air Pollution from Not-Electric Motorcycles". September 22, 2022. "Regulations for Nitrogen Oxide Emissions from Shipping". September 28, 2022. "Regulations for Lead Emissions from Shipping". September nine, 2022. "Regulations for Emissions from Locomotives". September 13, 2022. "Voluntary Programs to Reduce Mobile Source Pollution". June sixteen, 2022.
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  16. ^ "Regulatory Announcement: EPA Issues New Test Methods for Fuel Economy Window Stickers". EPA. December 2006. EPA 420-F-06-069. Fact sail. Archived from the original on September 7, 2008. Retrieved July 16, 2022.
  17. ^ "Welcome to Your MPG!". US Department of Energy and EPA. Archived from the original on September 13, 2022. Retrieved October 21, 2022.
  18. ^ Dave Vanderwerp (August 2009). "The Truth About EPA City / Highway MPG Estimates". Car and Driver. Archived from the original on August 21, 2022. Retrieved August nineteen, 2022. Just eighteen of the EPA's 17,000 employees work in the automobile-testing department in Ann Arbor, Michigan, examining 200 to 250 vehicles a year, or roughly 15 per centum of new models. As to that other 85 pct, the EPA takes automakers at their word—without whatsoever testing-accepting submitted results as accurate.
  19. ^ Chuck Squatriglia (Nov 17, 2022). "Honda Finds EVs a Perfect Fit | Autopia". Wired. Archived from the original on March seven, 2022. Retrieved March 12, 2022.
  20. ^ Fuel Controls Programs:
    • Beginning enacted: Air Quality Act of 1967, Pub.L. 90–148 § 210.
    • Location in statute: CAA § 211, 42 U.S.C. § 7545.
    • Major regulations: 40 CFR 1090.
    • EPA pages: "Final Rulemaking: Streamlining and Consolidating of Existing Gasoline and Diesel Fuel Programs". October vii, 2022. "Gasoline Standards". April 8, 2022. "Diesel fuel Standards". April viii, 2022. "Renewable Fuel Standard Plan". April 8, 2022.
  21. ^ Bridbord, Kenneth; Hanson, David (August 2009). "A Personal Perspective on the Initial Federal Health-Based Regulation to Remove Atomic number 82 from Gasoline". Environmental Health Perspectives. 117 (8): 1195–1201. doi:x.1289/ehp.0800534. PMC2721861. PMID 19672397.
  22. ^ twoscore CFR 51, 40 CFR 52
  23. ^ 36 FR 15486, 37 FR 19807)
  24. ^ Garrett & Winner. "Chapter iv. Nonattainment". ELR.
  25. ^ Section 127, adding CAA Championship I Part C, codified at 42 U.South.C. ch. 85, subch. I. 40 CFR 52.21
  26. ^ a b McCarthy, James (February 25, 2022). "Clean Air Act: A Summary of the Act and its Major Requirements". Washington, DC: Congressional Research Service. RL30853.
  27. ^ EPA (Feb 1998). "Air Pollution Operating Permit Programme Update: Key Features and Benefits." Document no. EPA/451/Thou-98/002. p. i.
  28. ^ Monitoring and Enforcement EPA pages: "CAA Compliance Monitoring". EPA. July 17, 2022. , "Air Enforcement". May iii, 2022. , "Air Enforcement Policy, Guidance and Publications". May 3, 2022. , "Enforcement Data and Results". May 3, 2022.
  29. ^ "Fact Canvas: Clean Air Act Permitting for Greenhouse Gas Emissions–Final Rules" (PDF). EPA. December 23, 2022.
  30. ^ a b c d e John Bachmann, David Calkins, Margo Oge. "Cleaning the Air We Exhale: A Half Century of Progress." EPA Alumni Association. September 2022.
  31. ^ "Greenhouse Gas Reporting Program". EPA. October 22, 2022.
  32. ^ "Risk Assessment". EPA. August 24, 2022.
    "History of Risk at EPA". Risk Assessment. EPA. Baronial 24, 2022.
  33. ^ Pub.L. 101–549 § 303. Not codified.
  34. ^ Regional Haze Program:
    • First enacted: 1977 Amendments, Pub.Fifty. 95–95 § 128, 1990 Amendments, Pub.L. 101–549 § 816.
    • Location in statute: 42 UsaC. § 7491, 42 U.s.a.C. § 7492.
    • Major regulations: twoscore CFR 51, Subpart P.
    • EPA Pages: "Visibility and Regional Haze". May 4, 2022. .
  35. ^ • "Interstate Air Pollution Transport". EPA. February 23, 2022.
    • Shouse, Kate C. (August 30, 2022). "The Clean Air Human action's Good Neighbor Provision: Overview of Interstate Air Pollution Control" (PDF). Congressional Inquiry Service. R45299.
    • "Clean Air Interstate Rule (Archive)". EPA. February 21, 2022.
  36. ^ 42 The statesC. § 7410(a)(2)(D)(i)(I)/
  37. ^ "Emissions During Periods of Startup, Shutdown, & Malfunction (SSM)". Air Quality Implementation Plans. EPA. September 30, 2022. Guidance Memorandum: Withdrawal of the October 9, 2022, Memorandum. EPA is returning to its 2022 policy explaining that State Implementation Plan provisions that provide exemptions from air emissions limits during periods of startup, shutdown and malfunction (SSM) or that provide affirmative defence provisions are not consistent with the Clean Air Human activity and would not by and large be approvable.
  38. ^ a b Orford, Adam (2021). "The Clean Air Act of 1963: Postwar Environmental Politics and the Fence Over Federal Ability". Hastings Ecology Police Journal. 27 (ii): 1–77. ISSN 1080-0735. Retrieved April 26, 2022.
  39. ^ Bailey, Christopher J. (1998). Congress and Air Pollution. Manchester Academy Press.
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  41. ^ "The Air Quality Human activity of 1967". Journal of the Air Pollution Command Clan. 18:two (2): 62–71. 1968. doi:10.1080/00022470.1968.10469096. PMID 5637413.
  42. ^ a b c Public Domain This article incorporates public domain material from the United states of america Government certificate: "History of the Clean Air Act, U.South. Environmental Protection Agency"."History of the Make clean Air Act". Ecology Protection Bureau. August 8, 2022. Retrieved August 23, 2022.
  43. ^ EPA Alumni Association: William Ruckelshaus in a 2022 interview discusses his first-term efforts at implementing the Make clean Air Act of 1970, Video, Transcript (see p14).
  44. ^ Clean Air Act Amendments of 1977, P.L. 95-95, 91 Stat. 685, August 7, 1977.
  45. ^ Onetime Deputy Administrator Hank Habicht talks about management at EPA. An Interview with Hank Habicht Video, Transcript (see p6). Dec 21, 2022.
  46. ^ Turner, James Morton; Isenberg, Andrew C. (2018). The Republican Reversal: Conservatives and the Environment from Nixon to Trump. Harvard University Printing. pp. 119–120. ISBN978-0674979970.
  47. ^ Clean Air Act Amendments of 1990, P.Fifty. 101-549, 104 Stat. 2399, November 15, 1990.
  48. ^ EPA Alumni Association: EPA Administrator William M. Reilly describes why passage of the 1990 Clean Air Human action amendments was vitally important. Reflections on US Environmental Policy: An Interview with William K. Reilly Video, Transcript (see p10).
  49. ^ "Early Implementation of the Clean Air Act of 1970 in California." EPA Alumni Association. Video, Transcript (run across p. 6). July 12, 2022.
  50. ^ "Early on Implementation of the Clean Air Act of 1970 in California." EPA Alumni Clan. Video, Transcript. July 12, 2022.
  51. ^ "Shifting Gears: The Federal Regime's Reversal on California'due south Clean Air Act Waiver" (PDF). American Constitution Society. Feb eleven, 2022. Archived from the original on February 23, 2022. Retrieved September 19, 2022.
  52. ^ Liptak, Kevin (September 18, 2022). "Trump revokes waiver for California to set higher auto emissions standards". CNN. Retrieved September 18, 2022.
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  65. ^ Brody, David R. (2012). "American Electrical Power Co. v. Connecticut" (PDF). Harvard Environmental Law Review. 36: 297–304.
  66. ^ "Supreme Court Ruling Backs Most EPA Emission Controls". The Wall Street Periodical. June 23, 2022. Retrieved July 1, 2022.
  67. ^ Liptak, Adam (June 29, 2022). "Supreme Court Blocks Obama'south Limits on Ability Plants". The New York Times.
  68. ^ Liptak, Adam (October 29, 2022). "Supreme Courtroom to Hear Example on E.P.A.'s Power to Limit Carbon Emissions". The New York Times.
  69. ^ John Bachmann, David Calkins, Margo Oge. "Cleaning the Air We Breathe: A Half Century of Progress." EPA Alumni Clan. September 2022. pp. 32–33.
  70. ^ "Transboundary Air Pollution". EPA. March 27, 2022.
  71. ^ "Air Pollution: Current and Future Challenges". EPA. September 23, 2022.
  72. ^ Miranda, Marie Lynn; Edwards, Sharon East.; Keating, Martha H.; Paul, Christopher J. (April eighteen, 2022). "Making the Ecology Justice Class: The Relative Burden of Air Pollution Exposure in the U.s.a.". International Journal of Environmental Research and Public Wellness. 8 (6): 1755–1771. doi:10.3390/ijerph8061755. ISSN 1661-7827. PMC3137995. PMID 21776200.
  73. ^ Massey, Rachel (2004). "Environmental Justice: Income, Race, and Wellness" (PDF). Tufts Academy Global Development And Environment Institute.
  74. ^ a b EPA (2002). "Advancing Ecology Justice Through Pollution Prevention" (PDF). Written report adult from the National Ecology Justice Advisory Quango Meeting of December 9–xiii, 2002.

External links [edit]

  • EPA Enforcement and Compliance History Online
  • EPA Alumni Association 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)

Posted by: marrashaden.blogspot.com

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