The Clean Air Act itself, at 42 U.S.C. Chapter 85, is the enabling statute Congress passed, establishing its basic structure in 1970 and substantially amending it in 1977 and 1990. What is described here is the distinct regulatory regime the United States Environmental Protection Agency promulgates under the authority the statute delegates to it, which is where the specific binding standards actually live. Chief among them are the National Ambient Air Quality Standards, which the EPA is required to set for six criteria pollutants, particulate matter, ground level ozone, sulfur dioxide, nitrogen dioxide, carbon monoxide and lead, and the New Source Performance Standards, which require new stationary sources such as power plants and factories to use the best available control technology. States implement much of this regime themselves through EPA-approved State Implementation Plans.
Facts
EraUnited States, original statute 1970, amended 1977 and 1990; implementing regulations issued and revised continuously since 1 Promulgated ByThe United States Environmental Protection Agency, under authority Congress delegated in the Clean Air Act 1 Jurisdiction ScopeUnited States federal air quality regulation, implemented in substantial part through state-level State Implementation Plans 1 Regulatory DomainAir quality and emissions control 1 Cross-Tradition Connections
Established By
The EPA promulgates and revises Clean Air Act regulations, including the National Ambient Air Quality Standards, through the notice-and-comment rulemaking procedure the Administrative Procedure Act (1946) sets for federal agencies.
In Legal System
United States federal regulatory regime, placed within the common law tradition as its domestic legal system, though the regulations themselves are agency rules rather than judge-made law.
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