Strong Law, Clean Air: A City's Fight Against Pollution

The United States' primary federal air quality law, the Clean Air Act, was passed in 1970 and has been amended several times since. The Act is administered by the Environmental Protection Agency (EPA) and has been instrumental in reducing air pollution and improving air quality across the country. The Act's success can be attributed to its comprehensive approach, which includes establishing National Ambient Air Quality Standards, regulating emissions of hazardous air pollutants, and setting goals for achieving air quality standards. As a result, cities like New York have seen a visible reduction in smog, and the EPA estimates that amendments to the Act have prevented over 230,000 early deaths by 2020.

The Clean Air Act of 1970

The Clean Air Act has had a significant impact on air quality in the United States. Since its enactment, air pollution has dropped dramatically, and Americans are living healthier and longer lives. For example, in Los Angeles, once known as the smog capital of the world, PM2.5 particulate pollution has declined by 57% since 1970, extending the life expectancy of the average resident by 1.5 years. The Act has also contributed to economic benefits, with regulatory impact analyses showing lower medical expenditures and human capital gains as a result of improved air quality.

The 1990 Clean Air Act Amendments

The Clean Air Act is the United States' primary federal air quality law, and it has been amended several times since its enactment in 1963. The 1990 Clean Air Act Amendments were designed to address four major threats to the environment and public health: acid rain, urban air pollution, toxic air emissions, and stratospheric ozone depletion.

The 1990 Amendments introduced several progressive and creative approaches to effectively achieve air quality goals and regulatory reform. Here are the key provisions and impacts of these amendments:

Market-Based Principles and Innovative Approaches: The amendments encouraged the use of market-based principles, such as emission banking and trading, as well as performance-based standards. This provided flexibility and cost-effectiveness in reducing air pollution.

Alternative Clean Fuels and Fleet Standards: The law set standards for the use of alternative clean fuels, such as clean low-sulfur coal, natural gas, and innovative technologies to clean high-sulfur coal. It also established the framework for the adoption of clean fuels by setting standards in the fleet and California pilot programs.

Energy Conservation and Acid Rain Program: The amendments promoted energy conservation through the acid rain program. This program gave utilities the flexibility to obtain needed emission reductions by encouraging customers to conserve energy.

National Operating Permits Program: A national operating permits program was established to make the law more workable and ensure better compliance. This program required large businesses to address, measure, and plan to control and minimize pollutants released into the air.

Strengthened Enforcement: The 1990 Amendments strengthened enforcement measures to ensure better compliance with the Act. This included improved monitoring, submission of compliance plans, and penalties for non-compliance.

State Implementation Plans: The amendments revised the requirements for state implementation plans. They mandated that states submit these plans within three years of the promulgation of new or revised air quality standards and set specific attainment dates for nonattainment areas.

Clean-Fuel Vehicle Requirements: The law mandated the use of clean alternative fuels in new urban buses and established emissions standards for clean-fuel vehicles. It also required states with serious, severe, or extreme ozone nonattainment areas to implement clean-fuel vehicle fleet programs.

Ozone Layer Protection: Consistent with the US commitments in the Montreal Protocol, the amendments included provisions to phase out the use of chemicals that harm the ozone layer. This involved regulating the use and production of ozone-depleting substances and establishing programs to track their import, export, and destruction.

Accidental Release of Toxic Air Pollutants: The amendments addressed the accidental release of toxic air pollutants by establishing requirements for risk management plans, investigation procedures, and response measures.

Stratospheric Ozone Depletion: The 1990 Clean Air Act Amendments addressed the issue of stratospheric ozone depletion by phasing out the production and use of ozone-depleting substances, particularly those with a high ozone depletion potential.

The National Ambient Air Quality Standards program

The National Ambient Air Quality Standards (NAAQS) program is a part of the Clean Air Act, which is the United States' primary federal air quality law. The Clean Air Act was initially enacted in 1963 and has been amended many times since. The NAAQS program sets standards for the concentrations of certain pollutants in outdoor air across the country. These standards are designed to prevent the harmful effects of air pollution, which include adverse health effects such as hospitalizations, emergency department visits, and premature death, as well as damage to crops, forests, and other materials.

The NAAQS program establishes limits on the atmospheric concentration of six criteria air pollutants (CAP) or criteria pollutants, which are known to cause smog, acid rain, and other health hazards. These pollutants are ozone (O3), atmospheric particulate matter (PM2.5/PM10), lead (Pb), carbon monoxide (CO), sulfur oxides (SOx), and nitrogen oxides (NOx). The NAAQS set the acceptable levels of these pollutants in the ambient air in the United States, with the goal of protecting public health and welfare.

The NAAQS are established by the United States Environmental Protection Agency (EPA) under the authority of the Clean Air Act. The EPA sets two types of standards: primary and secondary. The primary standards are designed to protect the health of 'sensitive' populations such as asthmatics, children, and the elderly, while the secondary standards are concerned with protecting the environment and addressing visibility, damage to crops, vegetation, buildings, and animals.

The process of selecting the NAAQS involves a comprehensive review of scientific literature, risk and exposure assessments, and policy assessments. The EPA Administrator selects the final NAAQS based on these assessments and releases them for public comment and peer review. The Clean Air Act requires the EPA to review and revise the NAAQS at five-year intervals to ensure they are based on the most recent scientific findings.

The NAAQS program has been successful in reducing air pollution and improving air quality in the United States, with EPA credits saving trillions of dollars and thousands of lives each year. However, air pollution remains an issue in some areas, and there are ongoing efforts to enforce and strengthen the NAAQS to further improve air quality.

The National Emissions Standards for Hazardous Air Pollutants program

The National Emissions Standards for Hazardous Air Pollutants (NESHAPs) is a program that sets standards for emissions of particular hazardous pollutants from specific sources. It is one of the most important regulatory programs under the Clean Air Act (CAA), the United States' primary federal air quality law. 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) are air pollutants other than those for which National Ambient Air Quality Standards (NAAQS) exist, and they threaten human health and welfare. The NESHAPs are the standards used for controlling, reducing, and eliminating HAPs emissions from stationary sources such as industrial facilities.

There are two types of facilities covered by NESHAPs: major sources and area sources. Major sources have the potential to emit more than 10 tons per year of a single HAP or 25 tons per year of any combination of HAPs. Area sources have the potential to emit less than 10 tons per year of a single HAP or 25 tons per year of any combination of HAPs, and many small businesses fall into this category.

The NESHAPs were first introduced in the 1970 CAA, which required the U.S. Environmental Protection Agency (EPA) to develop a list of HAPs and then create national emissions standards for each of them. These original NESHAPs were health-based standards. Subsequent amendments to the CAA in 1990 further expanded and codified the NESHAPs, requiring the creation of technology-based standards according to "maximum achievable control technology" (MACT).

The EPA has since issued dozens of NESHAP regulations, developing standards by pollutant, by industry source category, and by industrial process. These standards aim to control, reduce, and eliminate HAPs emissions, protecting human health and the environment from the harmful effects of hazardous air pollutants.

The Clean Air Act's good neighbour provision

The Clean Air Act (CAA) is the United States' primary federal air quality law, intended to reduce and control air pollution across the country. The Act is administered by the US Environmental Protection Agency (EPA), in coordination with state, local, and tribal governments.

The Clean Air Act's "good neighbour provision" requires states to control emissions that will significantly contribute to National Ambient Air Quality Standards (NAAQS) nonattainment or maintenance in a downwind state. This provision is designed to prevent upwind states from polluting downwind states, ensuring cleaner air for all Americans.

The EPA has struggled to enact regulations that implement this requirement effectively. Between 2003 and 2005, the EPA developed the "Clean Air Interstate Rule", but this was overturned by the courts in 2008. From 2009 to 2011, the EPA then developed the Cross-State Air Pollution Rule, which continues to be litigated as the EPA updates it.

The "good neighbour provision" is an important aspect of the Clean Air Act, addressing the issue of interstate air pollution. By requiring states to control emissions that impact downwind states, the provision helps to protect the health and well-being of Americans living in downwind communities.

The EPA's final Good Neighbour Plan, announced in March 2023, is expected to significantly cut smog-forming nitrogen oxide pollution from power plants and other industrial facilities in 23 states. The plan will improve air quality for millions of people, preventing premature deaths, hospital visits, asthma attacks, and missed days of work and school.

The Clean Air Act's "good neighbour provision" is a crucial component of the Act, ensuring that states work together to reduce air pollution and protect the health and well-being of all Americans.

Frequently asked questions