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Clean Air Act (United States)

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Air quality laws govern the emission of air pollutants into the atmosphere . A specialized subset of air quality laws regulate the quality of air inside buildings . Air quality laws are often designed specifically to protect human health by limiting or eliminating airborne pollutant concentrations. Other initiatives are designed to address broader ecological problems, such as limitations on chemicals that affect the ozone layer , and emissions trading programs to address acid rain or climate change . Regulatory efforts include identifying and categorising air pollutants, setting limits on acceptable emissions levels, and dictating necessary or appropriate mitigation technologies.

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94-690: 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 one 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.S. Environmental Protection Agency (EPA), in coordination with state, local, and tribal governments. EPA develops extensive administrative regulations to carry out

188-412: 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 transport. EPA has developed a variety of voluntary programs to incentivize and promote reduction in transportation-related air pollution, including elements of

282-465: A benchmark – for example, requiring all of a specific type of facility to meet the emissions limits achieved by the best performing facility of the group. All of these methods may be modified by incorporating emissions averaging, market mechanisms such as emissions trading, and other alternatives. For example, all of these approaches are used in the United States. The United States Environmental Protection Agency (responsible for air quality regulation at

376-519: A criteria pollutant, controlling it through mobile source authorities, but it was required to do 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 committee to provide technical input on the NAAQS to EPA. EPA added regulations for PM2.5 in 1997 (62 FR 38652 ), and updates

470-501: A national level under the U.S. Clean Air Act , utilizes performance standards under the New Source Performance Standard (NSPS) program. Technology requirements are set under RACT (Reasonably Available Control Technology), BACT (Best Available Control Technology), and LAER (Lowest Achievable Emission Rate) standards. Flexibility alternatives are implemented in U.S. programs to eliminate acid rain , protect

564-576: A new application programming interface (API) to facilitate programmatic access to the Federal Register content. The API is fully RESTful , utilizing the HATEOAS architecture with results delivered in the JSON format. Details are available at the developers page and Ruby and Python client libraries are available. In addition to purchasing printed copies or subscriptions, the contents of

658-749: A new section to authorize abatement of international air pollution. The Air Quality Act of 1967 ( Pub. L.   90–148 ) authorized planning grants to state air pollution control agencies, permitted the creation of interstate air pollution control agencies, and required HEW to define air quality regions and develop technical documentation that would allow states to set ambient 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 action in air pollution emergencies. It also authorized expanded studies of air pollutant emission inventories, ambient monitoring techniques, and control techniques. This enabled

752-526: A new title to address the issue of acid rain, and particularly nitrogen oxides (NO x ) and sulfur dioxide (SO 2 ) 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 United States, setting a cap on total emissions that was reduced over time by way of traded emissions credits, rather than direct controls on emissions. The program evolved in two stages:

846-568: A process for determining requisite control technology. Local authorities were authorized to regulate smaller polluters. Within the Christchurch Clean Air Zone, burn bans and other measures were effected to control smog. The Clean Air Act 1972 was replaced by the Resource Management Act 1991 . The act did not set air quality standards, but did provide for national guidance to be developed. This resulted in

940-494: A proposed rule and provides notice of any public meetings where a proposed rule will be discussed. The public comments are considered by the issuing government agency , and the text of a final rule along with a discussion of the comments is published in the Federal Register . Any agency proposing a rule in the Federal Register must provide contact information for people and organizations interested in making comments to

1034-572: 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 Bureau of Mines , which was interested in "smoke abatement" (reducing smoke from coal burning), and the United States Public Health Service , which handled industrial hygiene and was concerned with

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1128-768: A significant ozone depletion potential , and its widespread use to pose a significant threat to the Earth's ozone layer . Its manufacture was prohibited as part of a suite of restrictions adopted internationally in the Montreal Protocol to the Vienna Convention for the Protection of the Ozone Layer . Still another example is the ban on use of asbestos in building construction materials, to eliminate future exposure to carcinogenic asbestos fibers when

1222-600: A solely national program, the CAA imposes responsibilities on the U.S. states to create plans to implement the Act's requirements. EPA then reviews, amends, and approves those plans. EPA first promulgated SIP regulations in 1971 and 1972. The 1970 Amendments imposed eight criteria that an implementation plan must meet. The EPA is required to approve plans that adhere to the Senate's three-year mandate for primary air quality standards even if

1316-414: Is administered by the U.S. Occupational Safety and Health Administration . A distinction may be made between mandatory and aspirational air quality standards. For example, U.S. state governments must work toward achieving NAAQS, but are not forced to meet them. On the other hand, employers may be required immediately to rectify any violation of OSHA workplace air quality standards. Emission standards are

1410-604: Is broad consensus among many governments regarding what constitutes air pollution. For example, the United States Clean Air Act identifies ozone , particulate matter , carbon monoxide , nitrogen oxides (NO x ), sulfur dioxide (SO 2 ), and lead (Pb) as "criteria" pollutants requiring nationwide regulation. EPA has also identified over 180 compounds it has classified as "hazardous" pollutants requiring strict control. Other compounds have been identified as air pollutants due to their adverse impact on

1504-418: 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. In the United States, the "Clean Air Act" typically refers to the codified statute at 42 U.S.C. ch. 85 . That statute is the product of multiple acts of Congress , one of which—the 1963 act—was actually titled

1598-578: Is printed by the Government Publishing Office . There are no copyright restrictions on the Federal Register ; as a work of the U.S. government , it is in the public domain . The Federal Register provides a means for the government to announce to the public changes to government requirements, policies, and guidance. Both proposed and final government rules are published in the Federal Register . A Notice of Proposed Rulemaking (or "NPRM") typically requests public comment on

1692-487: Is published as a special edition of the Federal Register . Its focus is on programs and activities. Each daily issue of the printed Federal Register is organized into four categories: Citations from the Federal Register are [volume] FR [page number] ([date]), e.g. , 71 FR 24924 (April 7, 2006). The final rules promulgated by a federal agency and published in the Federal Register are ultimately reorganized by topic or subject matter and re-published (or "codified") in

1786-598: Is published every weekday, except on federal holidays . The final rules promulgated by a federal agency and published in the Federal Register are ultimately reorganized by topic or subject matter and codified in the Code of Federal Regulations (CFR), which is updated quarterly. The Federal Register is compiled by the Office of the Federal Register (within the National Archives and Records Administration ) and

1880-770: Is the German air quality regulation. The primary legislation governing air quality in India is the Air (Prevention and Control of Pollution) Act, 1981. Additionally, the government introduced the National Clean Air Programme (NCAP) in 2019, aiming to reduce particulate matter (PM) pollution by 20-30% in at least 102 cities by 2024. New Zealand passed its Clean Air Act 1972 in response to growing concerns over industrial and urban air pollution. That Act classified sources, imposed permitting requirements, and created

1974-417: The Code of Federal Regulations (CFR), which is updated annually. Copies of the Federal Register may be obtained from the U.S. Government Publishing Office. Most law libraries associated with an American Bar Association -accredited law school will also have a set, as will federal depository libraries . The Federal Register has been available online since 1994. Federal depository libraries within

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2068-410: The Federal Register , including sparklines of agency activity and maps of current rules, but is no longer available. On July 25, 2010, the Federal Register 2.0 website went live. The new website is a collaboration between the developers who created GovPulse.us, the Government Publishing Office and the National Archives and Records Administration . On August 1, 2011, the Federal Register announced

2162-600: The United States Environmental Protection Agency has developed the National Ambient Air Quality Standards (NAAQS) NAAQS set attainment thresholds for sulfur dioxide , particulate matter (PM 10 and PM 2.5 ), carbon monoxide , ozone , nitrogen oxides NO x , and lead (Pb) in outdoor air throughout the United States. Another set of standards, for indoor air in employment settings,

2256-473: The de facto standard that automobile manufacturers subsequently accepted, to avoid having to develop different emission systems in their vehicles for different states. However, in September 2019, President Donald Trump attempted to revoke this waiver, arguing that the stricter emissions have made cars too expensive, and by removing them, will make vehicles safer. EPA's Andrew Wheeler also stated that while

2350-713: The ozone layer , achieve permitting standards, and reduce greenhouse gas emissions . In place of or in combination with air quality standards and emission control standards, governments may choose to reduce air pollution by requiring regulated parties to adopt emissions control technologies (i.e., technology that reduces or eliminates emissions). Such devices include but are not limited to flare stacks , incinerators , catalytic combustion reactors, selective catalytic reduction reactors, electrostatic precipitators , baghouses , wet scrubbers , cyclones , thermal oxidizers , Venturi scrubbers , carbon adsorbers , and biofilters . The selection of emissions control technology may be

2444-858: The ozone layer . 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 harm Earth's stratospheric ozone layer. Under Title VI, EPA runs programs to phase out ozone-destroying substances, track their import and export, determine exemptions for their continued use, and define practices for destroying them, maintaining and servicing equipment that uses them, identifying new alternatives to those still in use , and licensing technicians to use such chemicals. Rules for pollutants emitted from internal combustion engines in vehicles. Since 1965, Congress has mandated increasingly stringent controls on vehicle engine technology and reductions in tailpipe emissions. Today,

2538-452: The Act. The EPA's auto emission standards for greenhouse gas emissions issued in 2010 and 2012 are intended to cut emissions from targeted vehicles by half, double fuel economy of passenger cars and light-duty trucks by 2025 and save over $ 4 billion barrels of oil and $ 1.7 trillion for consumers. The agency has also proposed a two-phase program to reduce greenhouse gas emissions for medium and heavy duty trucks and buses. In addition, EPA oversees

2632-616: The Agency feels the plan does not appear feasible. In Union Electric Co. v. Environmental Protection Agency the Supreme Court considered whether the Agency was required to reject plans that were not technologically or economically feasible. The court decided that states could adopt emission standards stricter than national standards and "force" technology (i.e. require installation of more advanced technologies). The 1977 CAA Amendments added SIP requirements for areas that had not attained

2726-414: The Clean Air Act's major regulatory programs. Today, the following are major regulatory programs under the Clean Air Act. The National Ambient Air Quality Standards (NAAQS) govern how much ground-level ozone (O 3 ), carbon monoxide (CO), particulate matter (PM 10 , PM 2.5 ), lead (Pb), sulfur dioxide (SO 2 ), and nitrogen dioxide (NO 2 ) are allowed in the outdoor air. The NAAQS set

2820-457: The Clean Air Act, and another of which—the 1970 act—is most often referred to as such. In the U.S. Code, the statute itself is divided into subchapters, and the section numbers are not clearly related to the subchapters. However, in the bills that created the law, the major divisions are called "Titles", and the law's sections are numbered according to the title (e.g., Title II begins with Section 201). In practice, EPA, courts, and attorneys often use

2914-497: The Clean Diesel Campaign, Ports Initiative, SmartWay program (for the freight transportation sector), and others. The federal government has regulated the chemical composition of transportation fuels since 1967, with significant new authority added in 1970 to protect public health. One of EPA's earliest actions was the elimination of lead in U.S. gasoline beginning in 1971, a project that has been described as "one of

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3008-528: The EPA test results with real-world driving. In 1996, EPA proposed updating the Federal Testing Procedures to add 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 real-world reports. In December 2006 the updated testing methodology was finalized to be implemented in model year 2008 vehicles and set

3102-526: The EPA with enforcement authority and requiring states to develop State Implementation Plans for how they would meet new national ambient air quality standards by 1977. This cooperative federal model continues today. The law recognizes that states should lead in carrying out the Clean Air Act, because pollution control problems often require special understanding of local conditions such as geography, industrial activity, transportation and housing patterns. However, states are not allowed to have weaker controls than

3196-480: The EPA, as well as giving the EPA the ability to regulate the inclusion of renewable sources, notably, through a $ 27 billion green bank , among other methods. Other important but less foundational Clean Air Act regulatory programs tend to build on or cut across the above programs: The 1963 act required development of State Implementation Plans (SIPs) as part of a cooperative federalist program for developing pollution control standards and programs. Rather than create

3290-449: The NAAQS from time to time based on emerging environmental and health science. 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. Under the CAA, hazardous air pollutants (HAPs, or air toxics) are air pollutants other than those for which NAAQS exist, which threaten human health and welfare. The NESHAPs are

3384-454: The NAAQS. These amendments also included the adoption of an offset trading policy originally applied to Los Angeles in 1974 that enables new sources to offset their emissions by purchasing extra reductions from existing sources. Air quality law Air quality regulation must identify the substances and energies which qualify as " pollution " for purposes of further control. While specific labels vary from jurisdiction to jurisdiction, there

3478-473: 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 non-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 permit review requirements to ensure attainment and maintenance of

3572-553: The SIP requirements by adding "Prevention of Significant Deterioration" (PSD) requirements. These requirements protect areas, including particularly wilderness areas and national parks, that already met the NAAQS. The PSD provision requires SIPs to preserve good quality air in addition to cleaning up bad air. The new law also required New Source Review (investigations of proposed construction of new polluting facilities) to examine whether PSD requirements would be met. The Clean Air Act provided

3666-659: The U.S. also receive copies of the text, either in paper or microfiche format. Outside the U.S., some major libraries may also carry the Federal Register . As part of the Federal E-Government eRulemaking Initiative, the web site Regulations.gov was established in 2003 to enable easy public access to agency dockets on rulemaking projects including the published Federal Register document. The public can use Regulations.gov to access entire rulemaking dockets from participating Federal agencies to include providing on-line comments directly to those responsible for drafting

3760-853: The acceptable levels of certain air pollutants in the ambient air in the United States. Prior to 1965, there was no national program for developing ambient air quality standards, and prior to 1970 the federal government did not have primary responsibility for developing them. The 1970 CAA amendments required EPA to determine which air pollutants posed the greatest threat to public health and welfare and promulgate NAAQS and air quality criteria for them. The health-based standards were called "primary" NAAQS, while standards set to protect public welfare other than health (e.g., agricultural values) were called "secondary" NAAQS. In 1971, EPA promulgated regulations for sulfur oxides, particulate matter, carbon monoxide, photochemical oxidants, hydrocarbons, and nitrogen dioxide (36 FR 22384 ). Initially, EPA did not list lead as

3854-608: The administration's decision. In March 2022 the Biden administration reversed the Trump-era rule, allowing California to again set stricter auto emissions standards. Between the Second Industrial Revolution and the 1960s, the United States experienced increasingly severe air pollution . Following the 1948 Donora smog event, the public began to discuss air pollution as a major problem, states began to pass

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3948-523: The agencies and the agencies are required to address these concerns when it publishes its final rule on the subject. The notice and comment process, as outlined in the Administrative Procedure Act, gives the people a chance to participate in agency rulemaking . Publication of documents in the Federal Register also constitutes constructive notice , and its contents are judicially noticed . The United States Government Manual

4042-536: The agency respects federalism, it could not allow one state to dictate standards for the entire nation. California's governor Gavin Newsom considered the move part of Trump's "political vendetta" against California and stated his intent to sue the federal government. 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

4136-421: 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 document. In non-attainment areas, permits were required for sources that emit as little as 50, 25, or 10 tons per year of VOCs depending on the severity of the region's non-attainment status. Most permits are issued by state and local agencies. If

4230-435: The applicable NAAQS ("nonattainment areas"). In these areas, states were required to adopt plans that made "reasonable further progress" toward attainment until 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 part of the 1990 CAA Amendments. The 1977 CAA Amendments modified

4324-719: The building materials are disturbed. Other international regulatory areas, often under the auspices of the UN or EU, have also initiated work on phasing out the use of fossil based fuel. For example, the UN's International Maritime Organization (IMO) are beginning to develop and adopt regulatory measures ( MARPOL 73/78 ) to decarbonize international shipping. Air quality laws may impose substantial requirements for collecting, storing, submitting, and providing access to technical data for various purposes, including regulatory enforcement, public health programs, and policy development. Data collection processes may include monitoring ambient air for

4418-407: The causes of lung health problems. 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 training program, sending $ 3 million per year to the U.S. Public Health Service for five years, but did not directly regulate pollution sources. The 1955 Act's research program

4512-508: The energy and transportation sectors. China, with severe air pollution in mega-cities and industrial centers, particularly in the north, has adapted the Airborne Pollution Prevention and Control Action Plan which aims for a 25% reduction in air pollution by 2017 from 2012 levels. Funded by $ 277 billion from the central government, the action plan targets PM 2.5 particulates which affect human health. TA Luft

4606-690: The environment (e.g., CFCs as agents of ozone depletion ), and on human health (e.g., asbestos in indoor air ). A broader conception of air pollution may also incorporate noise , light , and radiation . The United States has recently seen controversy over whether carbon dioxide (CO 2 ) and other greenhouse gases should be classified as air pollutants. Air quality standards are legal standards or requirements governing concentrations of air pollutants in breathed air, both outdoors and indoors. Such standards generally are expressed as levels of specific air pollutants that are deemed acceptable in ambient air, and are most often designed to reduce or eliminate

4700-471: The equipment required to be installed in new and modified industrial facilities, and the rules for determining whether a facility is "new". 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

4794-665: The federal funding and legislation of the 1960s. In the Clean Air Amendments of 1970 ( Pub. L.   91–604 ), Congress greatly expanded the federal mandate by requiring comprehensive federal and state regulations for both industrial and mobile sources. The law established the National Ambient 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

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4888-475: The federal government to increase its activities to investigate enforcing interstate air pollution transport, and, for the first time, to perform far-reaching ambient monitoring studies and stationary source inspections. The 1967 act also authorized expanded studies of air pollutant emission inventories, ambient monitoring techniques, and control techniques. While only six states had air pollution programs in 1960, all 50 states had air pollution programs by 1970 due to

4982-417: The federal standards, but carves out a special exemption for California due to its past issues with smog pollution in the metropolitan areas. In practice, when California 's environmental agencies decide on new vehicle emission standards, they are submitted to the EPA for approval under this waiver, with the most recent approval in 2009. The California standard was adopted by twelve other states, and established

5076-413: The first stage required more than 100 electric generating facilities larger than 100 megawatts to meet a 3.5 million ton SO 2 emission reduction by January 1995. The second stage gave facilities larger than 75 megawatts a January 2000 deadline. The program has achieved all of its statutory goals. The CAA ozone program is a technology transition program intended to phase out the use of chemicals that harm

5170-431: The form of bans. While arguably a class of emissions control law (where the emission limit is set to zero), bans differ in that they may regulate activity other than the emission of a pollutant itself, even though the ultimate goal is to eliminate the emission of the pollutant. A common example is a burn ban. Residential and commercial burning of wood materials may be restricted during times of poor air quality, eliminating

5264-411: The great public health achievements of the 20th century." EPA continues to regulate the chemical composition of gasoline , avgas , and diesel fuel in the United States. The 1990 amendments authorized a national operating permit program, sometimes called the "Title V Program", covering thousands of large industrial and commercial sources. It required large businesses to address pollutants released into

5358-437: The human health effects of air pollution, although secondary effects such as crop and building damage may also be considered. Determining appropriate air quality standards generally requires up-to-date scientific data on the health effects of the pollutant under review, with specific information on exposure times and sensitive populations. It also generally requires periodic or continuous monitoring of air quality. As an example,

5452-410: The immediate emission of particulate matter and requiring use of non-polluting heating methods. A more significant example is the widespread ban on the manufacture of dichlorodifluoromethane ( Freon )), formerly the standard refrigerant in automobile air conditioning systems. This substance, often released into the atmosphere unintentionally as a result of refrigerant system leaks, was determined to have

5546-610: The largest Clean Air Act settlements have been reached with automakers accused of circumventing the Act's vehicle and fuel standards (e.g., the 2015 " Dieselgate " scandal). Much of EPA's regulation of greenhouse gas (GHG) emissions occurs under the programs discussed above. EPA began regulating GHG emissions following the 2007 Supreme Court ruling in Massachusetts v. EPA , the EPA's subsequent endangerment finding, and development of specific regulations for various sources. The EPA's authority to regulate carbon dioxide emissions

5640-563: The latter numbering scheme. Although many parts of the statute are quite detailed, others set out only 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's instructions. EPA's proposed and final regulations are published in the Federal Register , often with lengthy background histories. The existing CAA regulations are codified at 40 C.F.R. Subchapter C, Parts 50–98. These Parts more often correspond to

5734-896: The law requires EPA to establish and regularly update regulations for pollutants that may threaten public health, from a wide variety of classes of motor vehicles, that incorporate technology to achieve the "greatest degree of emission reduction achievable", factoring in availability, cost, energy, and safety ( 42 U.S.C.   § 7521 ). EPA sets standards for exhaust gases, evaporative emissions, air toxics, refueling vapor recovery, and vehicle inspection and maintenance for several classes of vehicles that travel on roadways. EPA's "light-duty vehicles" regulations cover passenger cars, minivans, 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 ). The air pollution testing system for motor vehicles

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5828-992: The law's mandates. Associated regulatory programs, which are often technical and complex, implement these regulations. Among the most important, the National Ambient Air Quality Standards program sets standards for concentrations of certain pollutants in outdoor air, and the National Emissions Standards for Hazardous Air Pollutants program which sets standards for emissions of particular hazardous pollutants from specific sources. Other programs create requirements for vehicle fuels, industrial facilities, and other technologies and activities that impact air quality. Newer programs tackle specific problems, including acid rain, ozone layer protection, and climate change. The CAA has been challenged in court many times, both by environmental groups seeking more stringent enforcement and by states and utilities seeking greater leeway in regulation. Although its exact benefits depend on what

5922-553: The legal requirements governing air pollutants released into the atmosphere . Emission standards set quantitative limits on the permissible amount of specific air pollutants that may be released from specific sources over specific timeframes. They are generally designed to achieve air quality standards and to protect human life. Different regions and countries have different standards for vehicle emissions. Numerous methods exist for determining appropriate emissions standards, and different regulatory approaches may be taken depending on

6016-458: The lifetimes of pre-existing facilities. In the 1977 CAA Amendments, Congress required EPA to conduct a "new source review" process ( 40 CFR 52 , subpart I) to determine whether maintenance and other activities rises to the level of modification requiring application of NSPS. The Acid Rain Program (ARP) is an emissions trading program for power plants to control the pollutants that cause acid rain . The 1990 CAA Amendments created

6110-414: The management of Local Air Zones; management of regional air quality through the management of Regional Airsheds; and collaboration to reduce mobile source emissions. The Canadian government has also made efforts to pass legislation related to the country's greenhouse gas emissions. It has passed laws related to fuel economy in passenger vehicles and light trucks, heavy-duty vehicles, renewable fuels, and

6204-639: The most effective technology yet developed, regardless of cost. For example, the United States Clean Air Act contains several control technology requirements, including Best Available Control Technology (BACT) (used in New Source Review ), Reasonably Available Control Technology (RACT) (existing sources), Lowest Achievable Emissions Rate (LAER) (used for major new sources in non-attainment areas), and Maximum Achievable Control Technology (MACT) standards. Air quality laws may take

6298-600: The national greenhouse gas inventory reporting program. Following the Supreme Court decision in West Virginia v. EPA , which ruled that Congress did not grant EPA the authority to require "outside the fence" options for limiting carbon dioxide at power plants, the Inflation Reduction Act of 2022 specifically defined carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride as greenhouse gases to be regulated by

6392-552: The national minimum criteria set by EPA. EPA must approve each SIP, and if a SIP is not acceptable, EPA can retain CAA enforcement in that state. For example, California was unable to meet the new standards set by the 1970 amendments, which led to a lawsuit and a federal state implementation plan for the state. The federal government also assists the states by providing scientific research, expert studies, engineering designs, and money to support clean air programs. The law also prevents states from setting standards that are more strict than

6486-495: The newly created Environmental Protection Agency . Major amendments followed in 1977 and 1990. State and local governments have enacted similar legislation, either implementing federal programs or filling in locally important gaps in federal programs. Federal Register The Federal Register ( FR or sometimes Fed. Reg. ) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It

6580-402: 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. Most recently, the U.S. Supreme Court's ruling in Massachusetts v. EPA resulted in an expansion of EPA's CAA regulatory activities to cover greenhouse gases . The Clean Air Act of 1963 ( Pub. L.   88–206 )

6674-407: The next year, 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 only to new and modified sources, they promote extending

6768-414: The other hand, controversy may arise over the estimated cost of additional regulatory standards. Arguments over cost, however, cut both ways. For example, the "estimates that the benefits of reducing fine particle and ground level ozone pollution under the 1990 Clean Air Act amendments will reach approximately $ 2 trillion in 2020 while saving 230,000 people from early death in that year alone." According to

6862-445: The potential impact of new regulatory requirements on existing populations or geographic areas. Such models in turn could drive changes in data collection and reporting requirements. Proponents of air quality law argue that they have caused or contributed to major reductions in air pollution , with concomitant human health and environmental benefits, even in the face of large-scale economic growth and increases in motor vehicle use. On

6956-436: The precedent of a 12-year review cycle for the test procedures. In February 2005, EPA launched a program called "Your MPG" that allows drivers to add real-world fuel economy statistics into a database on EPA's fuel economy website and compare them with others and with the original EPA test results. EPA conducts fuel economy tests on very few vehicles. Two-thirds of the vehicles the EPA tests themselves are randomly selected and

7050-878: The presence of pollutants, directly monitoring emissions sources, or collecting other quantitative information from which air quality information may be deduced. For example, local agencies may employ a particulate matter sampler to determine ambient air quality in a locality over time. Fossil power plants may required to monitor emissions at a flue-gas stack to determine quantities of relevant pollutants emitted. Automobile manufacturers may be required to collect data regarding car sales, which, when combined with technical specifications regarding fuel consumption and efficiency, may be used to estimate total vehicle emissions. In each case, data collection may be short- or long-term, and at varying frequency (e.g., hourly, daily). Air quality laws may include detailed requirements for recording, storing, and submitting relevant information, generally with

7144-693: The promulgation of New Zealand's National Environmental Standards for Air Quality in 2004 with subsequent amendments. In response to the Great Smog of 1952 , the British Parliament introduced the Clean Air Act 1956 . This act legislated for zones where smokeless fuels had to be burnt and relocated power stations to rural areas. The Clean Air Act 1968 introduced the use of tall chimneys to disperse air pollution for industries burning coal, liquid or gaseous fuels. The Clean Air Act

7238-852: The public with access to the information – whether the raw data alone, or via tools to make the data more useful, accessible, and understandable. Where public access mandates are general, it may be left to the collecting agency to decide whether and to what extent the data is to be centralized and organized. For example, the United States Environmental Protection Agency , National Oceanic and Atmospheric Administration , National Park Service , and tribal, state, and local agencies coordinate to produce an online mapping and data access tool called AirNow , which provides real-time public access to U.S. air quality index information, searchable by location. Once data are collected and published, they may be used as inputs in mathematical models and forecasts. For example, atmospheric dispersion modeling may be employed to examine

7332-836: The remaining third is tested for specific reasons. Although originally created as a reference point for fossil-fueled vehicles, driving cycles have been used for estimating how many miles an electric vehicle will get on a single charge. The 1970 CAA amendments provided for regulation of aircraft emissions ( 42 U.S.C.   § 7571 ), and EPA began regulating in 1973. In 2012, EPA finalized its newest restrictions on NOx emissions from gas turbine aircraft engines with rated thrusts above 26.7 kiloNewton (3 short ton-force ), meaning primarily commercial jet aircraft engines, intended to match international standards. EPA has been investigating whether to regulate lead in fuels for small aircraft since 2010, but has not yet acted. The 1990 CAA Amendments ( Pub. L.   101–549 § 222) added rules for

7426-579: The rulemakings. To help federal agencies manage their dockets, the Federal Docket Management System (FDMS) was launched in 2005 and is the agency side of regulations.gov. In April 2009, Citation Technologies created a free, searchable website for Federal Register articles dating from 1996 to the present. GovPulse.us, a finalist in the Sunlight Foundation's Apps for America 2, provided a Web 2.0 interface to

7520-521: The same report, 2010 alone the reduction of ozone and particulate matter in the atmosphere prevented more than 160,000 cases of premature mortality, 130,000 heart attacks, 13 million lost work days and 1.7 million asthma attacks. Criticisms of EPA's methodologies in reaching these and similar numbers are publicly available. International law includes agreements related to trans-national air quality, including greenhouse gas emissions: With some industry-specific exceptions, Canadian air pollution regulation

7614-521: The source, industry, and air pollutant under review. Specific limits may be set by reference to and within the confines of more general air quality standards. Specific sources may be regulated by means of performance standards, meaning numerical limits on the emission of a specific pollutant from that source category. Regulators may also mandate the adoption and use of specific control technologies, often with reference to feasibility, availability, and cost. Still other standards may be set using performance as

7708-508: The standards used for controlling, reducing, and eliminating HAPs emissions from stationary sources such as industrial facilities. The 1970 CAA required EPA to develop a list of HAPs, 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 III) codified EPA's list, and required creation of technology-based standards according to "maximum achievable control technology" (MACT). Over

7802-548: The state does not adequately monitor requirements, the EPA may take control. The public may request to view the permits by contacting the EPA. The permit is limited to no more than five years and requires a renewal. One 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 compel regulated entities to come into compliance. Enforcement cases are usually settled, with penalties assessed well below maximum statutory limits. Recently, many of

7896-469: 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% under the new law. Senators had been frustrated at the industry's failure to cut emissions under previous, weaker air laws. Major amendments were added to the Clean Air Act in 1977 (1977 CAAA) (91 Stat. 685, Pub. L.   95–95 ). The 1977 Amendments primarily concerned provisions for

7990-430: The subject of complex regulation that may balance multiple conflicting considerations and interests, including economic cost, availability, feasibility, and effectiveness. The various weight given to each factor may ultimately determine the technology selected. The outcome of an analysis seeking a technology that all players in an industry can afford could be different from an analysis seeking to require all players to adopt

8084-663: The ultimate goal of standardizing data practices in order to facilitate data access and manipulation at a later time. Precise requirements may be very difficult to determine without technical training and may change over time in response to, for example, changes in law, changes in policy, changes in available technology, and changes in industry practice. Such requirements may be developed at a national level and reflect consensus or compromise between government agencies, regulated industry, and public interest groups. Once air quality data are collected and submitted, some air quality laws may require government agencies or private parties to provide

8178-620: The years, EPA has issued dozens of NESHAP regulations, which have developed NESHAPs by pollutant, by industry source category, and by industrial process. There are also NESHAPs for mobile sources (transportation), although these are primarily handled under the mobile source authorities. The 1990 amendments (adding CAA § 112(d-f)) also created a process by 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 health. The New Source Performance Standards (NSPS) are rules for

8272-424: Was deemed to be insufficient. The Motor Vehicle Air Pollution Control Act ( Pub. L.   89–272 ) amended the 1963 Clean Air Act 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.. The law also added

8366-521: 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 elimination of air pollution throughout the country. The new law'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

8460-543: 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 exact fuel economy figures calculated from the test. 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 by 22% to compensate for changes in driving conditions since 1972, and to better correlate

8554-539: Was questioned by the court in West Virginia v. EPA (2022) but restored by Congress with the Inflation Reduction Act of 2022 , which clarified that carbon dioxide is one of the pollutants covered by the Clean Air Act. 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

8648-540: Was the first federal legislation to permit the U.S. federal government to take direct action to control air pollution. It extended the 1955 research program, encouraged cooperative state, local, and federal action to reduce air pollution, appropriated $ 95 million over three years to support the development of state pollution control programs, and authorized the HEW Secretary to organize conferences and take direct action against interstate air pollution where state action

8742-766: Was traditionally handled at the provincial level. However, under the authority of the Canadian Environmental Protection Act, 1999 , the country has recently enacted a national program called the Canadian Air Quality Management System (AQMS). The program includes five main regulatory mechanisms: the Canadian Ambient Air Quality Standards (CAAQS); Base Level Industrial Emission Requirements (BLIERs) (emissions controls and technology); management of local air quality through

8836-581: Was updated in 1993. The biggest domestic impact comes from Part III, Smoke Control Areas , which are designated by local authorities and can vary by street in large towns. The primary law regulating air quality in the United States is the U.S. Clean Air Act . The law was initially enacted as the Air Pollution Control Act of 1955 . Amendments in 1967 and 1970 (the framework for today's U.S. Clean Air Act) imposed national air quality requirements, and placed administrative responsibility with

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