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CAA Statute, Regulations, & Enforcement
- Import-Export Program
- Other Federal Laws and Regulations Relating to Clean Air
- State Laws and Regulations Relating to Clean Air
The Clean Air Act, as amended in 1990
The Clean Air Act, passed in 1970, created a national program to control the damaging effects of air pollution. The Clean Air Act Amendments of 1990 went further to ensure that the air Americans breathe is safe. The Clean Air Act (CAA) protects and enhances the quality of the nation's air by regulating stationary and mobile sources of air emissions.
The CAA requires major stationary sources to install pollution control equipment and to meet specific emissions limitations. In addition, for the first time under the 1990 CAA amendments, major stationary sources must obtain operating permits. Examples of stationary sources include manufacturers, processors, refiners, and utilities.
The CAA mandates controls on air pollution from mobile sources by regulating both the composition of fuels and emission-control components on motor vehicles and nonroad engines. Vehicle fuel standards for gasoline and diesel are met by refiners/ importers, and by other parties in the fuel distribtuion system. Regulation of vehicles includes vehicle emission limits for Hydrocarbons (HC), Carbon Monoxide (CO), and Nitrogen Oxides (NOx), and particulates in the case of diesel vehicles. These limits, which must be met by the vehicle manufacturers, apply to on-road vehicles, off-road vehicles, and non-road sources (e.g., marine engines, locomotives, and lawn & garden equipment). Under the 1990 CAA amendments, vehicle standards are being made more stringent, in stages, through 2005 or later.
The Clean Air Act (CAA); 42 U.S.C. s/s 7401 et seq. (1970)
CAA summary | CAA Full Text | CAA - US Code
Clean Air Act Plain English Guide
The CAA amendments, passed in 1990, embody several progressive and creative themes necessary for effectively achieving the Nations's air quality goals. Specifically the CAA amendments:
- encourage the use of market-based principles and other innovative approaches, like performance-based standards and emission banking and trading;
- provide a framework from which alternative clean fuels will be used by setting standards in the fleet and California pilot program that can be met by the most cost-effective combination of fuels and technology;
- promote the use of clean low sulfur coal and natural gas, as well as innovative technologies to clean high sulfur coal through the acid rain program;
- reduce enough energy waste and creates enough of a market for clean fuels derived from grain and natural gas to cut dependency on oil imports by one million barrels/day; and
- promote energy conservation through an acid rain program that gives utilities flexibility to obtain needed emission reductions through programs that encourage customers to conserve energy.
Clean Air Act Regulations
EPA has developed regulations relating to the implementation of the Clean Air Act which are found in the Code of Federal Regulations, Chapter 1, Subchapter C, as follows:
Clean Air Act Regulations (40 C.F.R. Parts 50-99)
EPA may issue an order to any person or company who violates the Clean Air Act. The order may impose a civil penalty plus recovery of any economic benefit of non-compliance and may also require correction of the violation.
- Who must comply with the Clean Air Act?
Manufacturers, repairers, consumers.
- What are the penalties for noncompliance?
Penalties for violation of stationary source requirements, fuels requirements, or most motor vehicle emission requirements (by a company or dealer) may be up to $27,500 per violation (per day or per motor vehicle/ engine). Violations of the tampering requirements (by a person other than a company or dealer), or defeat device provisions by anyone may incur penalties of up to $2,750 per vehicle or engine.
EPA publishes the "Enforcement Alert" Newsletter, an informational publication, that is intended to inform and educate the public and regulated community about important environmental enforcement issues, recent trends, and significant enforcement actions. The information contained in each issue should help the regulated community anticipate and prevent violations of federal environmental laws and the applicable regulations that could otherwise lead to enforcement actions. Past issues of Enforcement Alerts have highlighted such Clean Air Act enforcement concerns as:
"Many Scooter and Off-Road Motorcycle Imports Fail to Meet EPA Standards" Volume 7, Number 3 (August 2005) (EPA 300-N-05-001) (PDF, 339KB, 4 pages)
"EPA Announces Clean Air Act Compliance Incentive Program Developed with API — Companies Encouraged to Participate in Environmentally Beneficial, Cost-Cutting 'Slotted Guidepole' Emission Reduction Program; June 12 Deadline"
Volume 3, Number 5 (May 2000) (PDF, 32KB, pages, About pdf)
"Frequent, Routine Flaring May Cause Excessive, Uncontrolled Sulfur Dioxide Releases —Practice not Considered 'Good Pollution Control Practice'; May Violate Clean Air Act" Volume 3, Number 9 (October 2000) (PDF, 91KB, pages, About pdf)
"EPA Steps Up Enforcement of Diesel, Gasoline Nonroad Engine Imports"
Volume 3, Number 2 (February 2000) (PDF,61 KB, pages, About pdf)
"Airlines Must Comply With Federal Fuel Standards, Stormwater and Spill Prevention Requirements, and Report Emergency Releases" Volume 2, Number 10 (November 1999)(PDF, KB, pages, About pdf)
Complete Listing of Enforcement Alerts
Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)
The Emergency Planning and Community Right to Know Act (EPCRA) was enacted by Congress on October 17, 1986, to protect of the public from chemical emergencies and dangers. It provides for emergency planning, notification, and reporting by facilities that store, manufacture, process, or otherwise hand chemical substances in quantities that are above threshold reportable quantities. The statute call for disclosure of information to the public so that entites can plan for and respond to chemical emergencies. EPCRA was enacted as as a stand-alone provision,Title III, in the Superfund Amendments and Reauthorization Act of 1986 (SARA). (EPCRA Enforcement Information)
State Laws and Regulations Relating to Clean Air
State Implementation Plans are approved by EPA but are contained in that state's Code of laws and regulations
The Office of Air and Radiation (OAR) provides links to the state and territory environmental regulatory air agencies on its web site, and where possible, links to the pages related to local programs.
In addition, the State and Territorial Air Pollution Program Administrators /Association of Local Air Pollution Control Officials (STAAPA/ALAPCO) maintains a site that has links to state and state environmental agency web sites.
STAAPA/ ALAPCO Web Site
Other Information Resources
EPA's AirNow (Ozone Mapping Project)
EPA's Office of Transportation and Air Quality (OTAQ) Mobile Source Information
EPA's Ozone Depletion Information
EPA's Pollution Prevention Information
EPA's New Chemicals Information