Clean Air Act

42 USC 7401 et seq.; P.L. 88-206; 77 Stat. 392; December 17, 1963 (Nov 15, 1990)

Note: The Air Pollution Control Act of 1955 was the first federal legislation involving air pollution. This Act provided funds for federal research in air pollution. The Clean Air Act of 1963 (December 17, 1963, P.L. 88-206) was the first federal legislation regarding air pollution control, but it underwent significant amendments in 1970, 1977, and 1990 that led to its current form as CAA. Many consider the CAA, in its current state, to be actually the Clean Air Act Amendments of 1990.

Historical Context:

In the decades leading up to the CAA, the United States experienced significant environmental degradation due to industrialization and urbanization. Air pollution was a major public health issue, and cities like Los Angeles and Pittsburgh were infamous for their smog. In 1948, in Donora, Pennsylvania, there was a historic environmental disaster called the Donora Smog. The town was home to a zinc smelting plant and a steel mill, which produced large amounts of air pollution. A weather inversion trapped the pollution in the valley where Donora was located, creating a thick and deadly smog that lingered for days. The smog caused 20 deaths and sickened thousands of people.

Additionally, in the 1960s and 1970s, there was a growing environmental movement in the United States. The publication of Rachel Carson's book Silent Spring in 1962 helped galvanize public support for environmental protection, and the first Earth Day was celebrated in 1970. The CAA was part of a larger effort to address environmental issues and protect public health. The passage of the CAA reflected growing public concern about the impacts of pollution on human health and the environment.

Regulatory Structure:

The CAA is a federal law that sets national air quality standards and regulates emissions of air pollutants from both stationary and mobile sources. The law is administered by the Environmental Protection Agency (EPA), which is responsible for developing and enforcing regulations to implement the law.

CAA establishes a number of regulatory programs, including:

  1. National Ambient Air Quality Standards (NAAQS): These are standards for six criteria pollutants, including ozone, particulate matter, and carbon monoxide. States are required to develop plans to meet these standards, and the EPA can act to enforce compliance if necessary.

  2. New Source Performance Standards (NSPS): These are emissions standards for new or modified stationary sources of air pollution, such as power plants and factories.

  3. National Emissions Standards for Hazardous Air Pollutants (NESHAP): These are emissions standards for specific hazardous air pollutants, such as benzene and mercury.

  4. Mobile Source Regulations: These are emissions standards for vehicles and engines, including cars, trucks, and planes.

The CAA also includes provisions for citizen suits, which allow individuals and organizations to file lawsuits against polluters who violate the law. Additionally, the law includes provisions for state and local involvement in air quality management and requires public participation in the regulatory process.

Major Amendments to the Clean Air Act:

There have been several significant amendments to the Clean Air Act (CAA) since it was first enacted in 1963. Some of the most notable amendments include:

  1. The Clean Air Act Amendments of 1970 (December 31, 1970, P.L. 91-604): This was a major overhaul of the original law and established the framework for regulating air pollutants on a national level. It also created the Environmental Protection Agency (EPA) to oversee the implementation of the law.

  2. The Clean Air Act Amendments of 1977 (August 7, 1977, P.L. 95-95): This amendment strengthened the regulation of hazardous air pollutants and established new requirements for monitoring and reporting emissions.

  3. The Clean Air Act Amendments of 1990 (November 15, 1990, P.L. 101-549): This amendment addressed acid rain, urban air pollution, and stratospheric ozone depletion. It also introduced market-based mechanisms, such as emissions trading, to incentivize pollution reduction.

  4. The Clean Air Act Amendments of 1997 (June 14, 1997, P.L. 105-178): This amendment focused on reducing smog and soot pollution from motor vehicles and diesel engines.

  5. The Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (CSISSFRRA) (July 22, 1999, P.L. 106-40): CSISSFRRA is a separate piece of legislation that was enacted in 1999, and its primary purpose is to amend the Clean Air Act Amendments of 1990 to provide certain regulatory relief and exemptions for certain industries, such as small businesses and agricultural operations, while also addressing issues related to chemical safety and site security.