THE CLEAN AIR ACT
A. The clean air act has evolved from a set of principles designed to guide states in controlling sources of air pollution (the 1967 Air Quality Act) to multiple levels of pollution control requirements (the 1970, 1977, and 1990 Amendments to the Act) that the federal government implements by regulation and that the states administer and apply.
B. The CAA regulatory programs fall into three categories.
1. New and existing sources of air pollution are reviewed and regulated to ensure attainment and maintenance of ambient air quality levels designed to protect public health and welfare.
a. This ambient air quality program is implemented ...view middle of the document...
Areas that do not meet one or more of the knacks are known as nonattainment areas and must comply with a number of special requirements to bring them into attainment.
b. NAAQS are to be reviewed and revised as appropriate at least every five years.
4. State implementation plans
a. The Clean Air Act gives each state primary responsibility for ensuring that emissions from sources within its borders are maintained at a level consistent with the NAAQS.
b. This is achieved through the establishment of source specific emission limits and other requirements in SIPs addressing the primary and secondary air-quality standards.
c. The SIP is a constantly evolving regulatory document that must be updated as federal requirements and local conditions change.
d. States are responsible for developing SIPs and keeping them up to date.
e. Before a SIP becomes enforceable as a matter of federal law, it must be submitted to EPA for review and approval.
f. Requirements regarding sip content: The Clean Air Act requires that all steps must be adopted after reasonable notice and public hearing and must include the following:
i. Enforceable emission limitations
ii. Air-quality data
iii. Preconstruction review and notification requirements
iv. Part D requirements
v. Air-quality modeling
vi. Interstate air pollution
viii. Monitoring and admissions data
ix. Adequate personnel, funding, and authority
x. Contingency plans
xi. Revision of the sip
xii. Permit fees
xiii. Local consultation
g. The starting point for identifying the terms of the federally enforceable set is the catalog of state specific sip actions listed in 40 CFR part 52.
h. Procedural requirements regarding sip development
i. To ensure that its SIP is adequate to attain and maintain the NAAQS, a state must revise that SIP within three years of issuance of any new or revised NAAQS.
ii. Whenever the EPA administrator finds that a SIP is substantially inadequate: (1) to attain or to maintain a NAAQS or (2) to mitigate adequately interstate air pollution or (3) to comply with any other requirements of the Clean Air Act, the administrator must publicly notify the state and establish reasonable deadlines for submitting SIP revisions to correct the EPA identified inadequacy.
iii. Within 60 days of receiving a SIP or SIP revision, the administrator will determine whether the submission is complete.
iv. If, after six months, the administrator has failed to issue a comprehensive determination, the SIP submittal is automatically deemed complete.
v. If, however, the administrator thereafter determines that the SIP or any portion of the SIP is not complete, the state is treated as having not made the submission.
vi. Once a plan submission is deemed complete, the administrator is required to approve or to disapprove the plan within 12 months.
vii. If EPA makes a finding that a state...