Clean Air Act

12597 Words Feb 22nd, 2015 51 Pages
Clean Air Act
Clean Air Act, 42 U.S.C. § 7401 et seq. -- Enforced by US EPA --
By the end of this lecture you should be able to describe: * The race to laxity * What NAAQS means. * The federal government’s role in cooperative federalism * 7 criteria pollutants * A hazardous pollutant under the CAA * Non-attainment area * Emissions trading programs * Noise pollution under the CAA * The four Class I areas designated by the State of Florida * The four emissions regulated by Title II of the Clean Air Act relating to motorized vehicles * How long a waiver is good for and to how much of an auto manufacturer’s production does it apply to. * What city is the Title II
…show more content…
If a downwind state was having bad impacts from upwind state pollution, the federal government didn’t have much enforcement authority beyond requesting the upwind state to enforce relevant upwind state laws. There was little to no federal involvement in direct pollution control.
*** Race to Laxity ***

Image from World Meteorological Organization.

Some states tried to enact strict air pollution control laws, but were trumped by the “race to laxity.” This is where states having more stringent pollution control standards found themselves disadvantaged in the competition for economic development. States with less pollution controls would offer businesses sweetheart deals including further relaxation of the limited standards already in place or no oversight to really impose the limited standards.

NOTE: We're studying how the CAA essentially eliminates this problem from the US, but we still see an analogous issue in international environmental laws (e.g., think of the efforts China took in 2008 to curb air pollution in advance of the 2008 Summer Olympics).
Congress Takes Action
After reviewing the sorry state of the nation’s air quality and the increase in respiratory problems among a variety of groups, Congress took action and passed the Clean Air Act Amendments of 1972. The Amendments of '72 (as also amended in '77 and '90), embodies a combination of four distinct statutory techniques:

Sections 7407, 7408, 7409, and 7410, taken together created…

More about Clean Air Act