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Features of the
1990 Clean Air Act
The role of the federal
government and the role of the states
Although the 1990 Clean Air Act is a
federal law covering the entire country, the states do much of the work to
carry out the Act. For example, a state air pollution agency holds a hearing
on a permit application by a power or chemical plant or fines a company for
violating air pollution limits.
Under this law, EPA sets limits on how
much of a pollutant can be in the air anywhere in the United States. This
ensures that all Americans have the same basic health and environmental
protections. The law allows individual states to have stronger pollution
controls, but states are not allowed to have weaker pollution controls than
those set for the whole country.
The law recognizes that it makes sense
for states to take the lead in carrying out the Clean Air Act, because
pollution control problems often require special understanding of local
industries, geography, housing patterns, etc.
States have to develop state
implementation plans (SIPs) that explain how each state will do its job
under the Clean Air Act. A state implementation plan is a collection of the
regulations a state will use to clean up polluted areas. The states must
involve the public, through hearings and opportunities to comment, in the
development of each state implementation plan.
EPA must approve each SIP, and if a SIP
isn't acceptable, EPA can take over enforcing the Clean Air Act in that state.
The United States government, through
EPA, assists the states by providing scientific research, expert studies,
engineering designs and money to support clean air programs.
Interstate air pollution
Air pollution often travels from its source
in one state to another state. In many metropolitan areas, people live in one
state and work or shop in an- other; air pollution from cars and trucks may
spread throughout the interstate area. The 1990 Clean Air Act provides for
interstate commissions on air pollution control, which are to develop regional
strategies for cleaning up air pollution. The 1990 Clean Air Act includes
other provisions to reduce interstate air pollution.
International air pollution
Air pollution moves across national
borders. The 1990 law covers pollution that originates in Mexico and Canada
and drifts into the United States and pollution from the United States that
reaches Canada and Mexico.
Permits
One of the major breakthroughs in the 1990
Clean Air Act is a permit program for larger sources that release
pollutants into the air.[2]
[2] A source can be a power plant,
factory or anything that releases pollutants into the air. Cars, trucks and
other motor vehicles are sources, and consumer products and machines used in
industry can be sources too. Sources that stay in one place are referred to as
stationary sources; sources that move around, like cars or planes, are called
mobile sources.
Requiring polluters to apply for a
permit is not a new idea. Approximately 35 states have had state- wide permit
programs for air pollution. The Clean Water Act requires permits to release
pollutants into lakes, rivers or other waterways. Now air pollution is also
going to be managed by a national permit system. Under the new program,
permits are issued by states or, when a state fails to carry out the Clean Air
Act satisfactorily, by EPA. The permit includes information on which
pollutants are being released, how much may be released, and what kinds of
steps the source's owner or operator is taking to reduce pollution, including
plans to monitor (measure) the pollution. The permit system is
especially useful for businesses covered by more than one part of the law,
since information about all of a source's air pollution will now be in one
place. The permit system simplifies and clarifies businesses' obligations for
cleaning up air pollution and, over time, can reduce paperwork. For instance,
an electric power plant may be covered by the acid rain, hazardous air
pollutant and non-attainment (smog) parts of the Clean Air Act; the detailed
information required by all these separate sections will be in one place--on
the permit.
Permit applications and permits are
available to the public; contact your state or regional air pollution control
agency or EPA for information on access to these documents.
Businesses seeking permits have to pay permit
fees much like car owners paying for car registrations. The money from the
fees will help pay for state air pollution control activities.
Enforcement
The 1990 Clean Air Act gives important new enforcement
powers to EPA. It used to be very difficult for EPA to penalize a company for
violating the Clean Air Act. EPA has to go to court for even minor violations.
The 1990 law enables EPA to fine violators, much like a police officer giving
traffic tickets. Other parts of the 1990 law increase penalties for violating
the Act and bring the Clean Air Act's enforcement powers in line with other
environmental laws.
Deadlines
The 1990 Clean Air Act sets deadlines
for EPA, states, local governments and businesses to reduce air pollution. The
deadlines in the 1990 Clean Air Act were designed to be more realistic than
dead- lines in previous versions of the law, so it is more likely that these
deadlines will be met.
Public participation
Public participation is a very
important part of the 1990 Clean Air Act. Throughout the Act, the public is
given opportunities to take part in deter- mining how the law will be carried
out. For in- stance, you can take part in hearings on the state and local
plans for cleaning up air pollution. You can sue the government or a source's
owner or operator to get action when EPA or your state has not enforced the
Act. You can request action by the state or EPA against violators.
The reports required by the Act are
public documents. A great deal of information will be collected on just how
much pollution is being released; these monitoring (measuring) data
will be available to the public. The 1990 Clean Air Act ordered EPA to set up clearinghouses
to collect and give out technical information. Typically, these clearinghouses
will serve the public as well as state and other air pollution control
agencies.
See the list at the end of this summary
for organizations to contact for additional information about air pollution
and the Clean Air Act.
Market approaches for reducing air
pollution;
economic incentives
The 1990 Clean Air Act has many features
designed to clean up air pollution as efficiently and inexpensively as
possible, letting businesses make choices on the best way to reach pollution
cleanup goals. These new flexible programs are called market or market-based
approaches. For instance, the acid rain clean-up program offers businesses
choices as to how they reach their pollution reduction goals and includes
pollution allowances that can be traded, bought and sold.
The 1990 Clean Air Act provides economic
incentives for cleaning up pollution. For instance, gasoline refiners can
get credits if they produce cleaner gasoline than required, and they
can use those credits when their gasoline doesn't quite meet clean-up
requirements.
U.S. Environmental Protection Agency
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Information>Features
of the 1990 Clean Air Act
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