Citation: 42 U.S.C. ' 7401-7671q

Regulation: 40 CFR 50-88

Administering Agency: U.S. Environmental Protection Agency

General Description: The Clean Air Act (CAA) was enacted to control, reduce, and
eliminate air pollution from stationary and mobile (i.e., motor vehicle, aircraft, fuels) sources. Under the authority of the CAA, EPA regulates two basic groups of pollutants: criteria pollutants and hazardous air pollutants. Criteria pollutants' emissions are controlled through state implementation plans (SIPs) and state permit programs. Such plans and permits specify emission levels necessary to meet national ambient air quality standards (NAAQS). With regard to hazardous air pollutants, EPA sets national emissions standards for hazardous air pollutants (NESHAP) for different sources or types of operations. These standards are implemented through permits applicable to major sources of these pollutants. The CAA imposes more stringent requirements on new sources of air pollution or sources located in areas that are not attaining the NAAQSs (i.e., non-attainment areas).

The Clean Air Act Amendments of 1990 substantially revised the existing statutory provisions and added new titles. Provisions addressing SIPs, motor vehicle emissions, and fuel standards have been amended. The 1990 Amendments also completely overhauled the NESHAP and Federal enforcement programs, added new schemes for attaining ozone air quality standards and addressing stratospheric ozone problems, and added a totally new program for addressing acid rain damage.

Major Statutory and Regulatory Provisions:

Establishes national primary and secondary NAAQS for criteria pollutants (carbon monoxide, particulate matter, sulfur dioxide, nitrogen dioxide, ozone and lead) (42 U.S.C. ' 7409; 40 CFR 50)

Provides for approval and promulgation of SIPs, and state plans for designated facilities and pollutants. Federal facilities must comply with SIPs. (42 U.S.C. ' 7410; 40 CFR 51-52, 62)

Establishes national emissions standards for hazardous air pollutants (NESHAPS) (asbestos, beryllium, mercury, vinyl chloride, benzene, inorganic arsenic, radionuclides, and coke oven emissions) (42 U.S.C. ' 7412; 40 CFR 61)

Establishes ambient air monitoring requirements (42 U.S.C. ' 7619, 7661c; 40 CFR 53) 

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Federal facilities are subject to and must comply with the requirements of all Federal, state, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of air pollution in the same manner, and to the same extent as any nongovernmental entity. (42 U.S.C. 7418)

Establishes that required emission limitations do not vary with stack heights or other dispersion techniques (42 U.S.C. ' 7423; 40 CFR 51)

Provides for the Prevention of Significant Deterioration (PSD) of air quality (42 U.S.C. Sec. 7470; 40 CFR 51-52)

Requires management of non-attainment areas and requires states to develop permitting programs for all significant air emissions sources (42 U.S.C. 7501, 7661; 40 CFR 52, 81)

Prescribes emissions standards for moving sources (42 U.S.C. ' 7521; 40 CFR 85, 87)

Establishes regulatory scheme for assessment and collection of noncompliance penalties by EPA, and provides procedures for states to administer the noncompliance penalty program (42 U.S.C. ' 7420; 40 CFR 66-67)

Sets out performance standards for new stationary sources of air pollution (42 U.S.C. ' 7411; 40 CFR 60)

Provides for regulations that limit production and consumption of certain ozone-depleting chemicals (42 U.S.C. ' 7671 et. seq.; 40 CFR 82)

Establishes regulations for the Acid Rain program that address general provisions and permits, allowance system and continuous emission monitoring, excess emissions, and administrative appeals (42 U.S.C. ' 7651-7651(o); 58 FR 3590 (1993)(to be codified at 40 CFR 72-73, 75, 77-78)

Enforcement: Section 7413 of the CAA's statutory provisions addresses general Federal enforcement procedures. EPA, upon finding a violation of a SIP or a permit, has the authority to issue a compliance order, issue an administrative order assessing civil penalties, or bring a civil action for a temporary or permanent injunction against the violator. For violations of other statutory provisions, EPA can issue compliance orders, assess administrative penalties or bring a civil action for penalties or an injunction, as stated above, or the Agency can request the Attorney General to commence criminal proceedings against the violator. Criminal actions may be based on knowing or negligent violations of specified CAA requirements. Section 7420 gives the EPA Administrator or an approved state the power to assess and collect noncompliance penalties for violations of emission limitations, emission standards, standards of performance, compliance schedules, and certain other statutory requirements. Citizens also have the power to bring civil actions for violations of certain provisions under ' 7604, and can ask the court to enforce emission standards.

Applies to or Affects: Incinerators; asbestos abatement; use of freon or other ozone depleting substances, operations using volatile organic solvents; operations using a ventilation stack, and issuance of permits, licenses, etc., for the use of natural resources administered by the Department.