Clean Air Act

“ When that is done in this case, the intent of the regulation and the goals of the Clean Air Act provide further support for the agency's interpretation.
The ALJ heard testimony from the draftsman of the relevant portion of the Ohio SIP. The draftsman, Mr. Juris, testified that "coating lines" was meant to include painting booths without ovens. [1] Furthermore, one of the fundamental purposes of the Clean Air Act is to maintain air quality standards by requiring emission reductions of organic compounds from major sources. ”

“ The budget bill the House passed would cut environmental enforcement by 50 percent, virtually bringing to a halt Federal enforcement of the Clean Water Act, the Clean Air Act, and it would stop toxic waste clean-ups. ”

“ The Administrator of the EPA shall, as appropriate and consistent with applicable law, consider beginning work on a rulemaking under the Clean Air Act to establish new greenhouse gas emissions standards for heavy-duty engines and vehicles to begin as soon as model year 2030. ”

“ We believe that the need for national uniformity in judicial interpretation of the Act is particularly important where, as here, the relationships between the states are at issue. Thus, we decline to disturb the EPA's holding that the Clean Air Act does not require an upwind state to alter an otherwise valid SIP solely because a downwind state that has yet to comply with the NAAQSs has requested such an alteration to protect an asserted margin for growth. ”

“ Because the structure of the Clean Air Act is state-oriented, each state is charged with implementing national clean air standards within its own political boundaries. Thus, although Floyd County and Jefferson County are in the same air quality control region, each county is subject to the implementation plan adopted by its respective state. Initially this was not a problem, since Indiana and Kentucky had adopted identical emission limitations for the pollutant at issue in this case, SO [2] . ”

“ However, for several reasons, we are disinclined to hold that it was improper for the EPA to reconsider and revise its initial assessment of the protections which the Clean Air Act affords to state efforts to maintain a margin for growth.
In our view a notice of hearing simply is not, and should not be treated as, a vehicle for final agency pronouncements on sophisticated matters of statutory interpretation. ”

“ Pinpointing the ever increasing problem of air pollution is the great concern of our national and state legislatures as expressed in the Air Pollution Control Act of 1955, 42 U.S.C. 1857-1857g, as supplemented by the Clean Air Act of 1963, and the Oregon legislation to which I have previously referred. ”

“ We do not believe that Congress intended to prohibit even de minimis contributions by one state to NAAQS violations in another state because such a policy would in effect "hold one state hostage to another's failure to enact the pollution control strategies necessary to conform to the requirements of the Clean Air Act." ”

“ By giving a plant manager flexibility to find the places and processes within a plant that control emissions most cheaply, pollution control can be achieved more quickly and cheaply.” L. Lave & G. Omenn, Cleaning Air: Reforming the Clean Air Act 28 (1981) (footnote omitted) .↑ Respondents point out if a brand new factory that will emit over 100 tons of pollutants is constructed in a nonattainment area, that plant must obtain a permit pursuant to § 172 (b) (6) and in order to do so, it must satisfy the § 173 conditions, including the LAER requirement. ”

“ We look forward to the enactment of a responsible clean air act to increase jobs while continuing to improve the quality of our air. We're encouraged by the bipartisan initiative of the House and are hopeful of further progress as the Senate continues its deliberations. ”

“ I do not think the authors of the Clean Air Act intended to put such strict limits on our review of the Administrator's decision-making process. Further, the interests at stake in this case are too important to be resolved on the basis of traditional administrative labels. We recognized two years ago that environmental litigation represents a "new era" in administrative law. [4] We are dealing here not with an airline's fares or a broadcaster's wattage, but with all humanity's interest in life, health, and a harmonious relationship with the elements of nature. ”

“ It interpreted the policies of the statute, however, to mandate the plantwide definition in programs designed to maintain clean air and to forbid it in programs designed to improve air quality. Respondents place a fundamentally different construction on the statute. They contend that the text of the Act requires the EPA to use a dual definition-if either a component of a plant, or the plant as a whole, emits over 100 tons of pollutant, it is a major stationary source. ”

“ Different definitions of ‘source’ can therefore be used for different sections of the statute....“Moreover, Alabama Power and ASARCO taken together suggest that there is a distinction between Clean Air Act programs designed to enhance air quality and those designed only to maintain air quality......... ”

“ The Legislature further finds that a low emission vehicle program may be an effective, cost efficient method to reduce both the State's and the region's ozone problem; that the member states of the Ozone Transport Commission have endorsed adoption of a low emission vehicle program in each of their states; and that, because there may be a need to adopt such a program in this State in order to come into compliance with the federal Clean Air Act, it is in the State's best interest to authorize its adoption. ”

“ A great deal of basic research will be needed to determine the long-term air quality goals which are required to protect the public health and welfare from any potential effects of air pollution. In the meantime, the Secretary will be expected to establish such national goals on the basis of the best information available to him. (emphasis added) . S. Rep. No. 91-1196 on S. 4358. National Air Quality Standards Act of 1970, "Report of the Committee on Public Works, United States Senate," 91st Cong., 2d Sess. at 11; A Legislative History of the Clean Air Amendments of 1970, Vol. ”

“ Absolutely, that's part of his multi-pollutant strategy. This is a bold, important step forward on the multi-pollutant strategy he's committed to, that will significantly reduce emissions. It's a very strong and positive step forward in our efforts to make the air cleaner, and to improve the -- Q With the exception of CO2, all the other things and all the other regulatory moves undertaken by Congress under the Clean Power Act the administration supports -- MR. MCCLELLAN: The three pollutants you just mentioned are part of what the President has outlined in his energy plan to reduce emissions. ”

“ It is, therefore, the policy of my Administration to listen to the science; to improve public health and protect our environment; to ensure access to clean air and water; to limit exposure to dangerous chemicals and pesticides; to hold polluters accountable, including those who disproportionately harm communities of color and low-income communities; to reduce greenhouse gas emissions; to bolster resilience to the impacts of climate change ”

“ With the EPA's new clean air proposal, we will prove them wrong once again. Not only will we enhance our long-term prosperity, wewill ensure that our children inherit a living, breathing Earth, our most important obligation of all. ”

“ This legislation will constitute the most significant step America has ever taken — has ever taken — to cut power plant emissions that contribute to urban smog, acid rain and numerous health problems for our citizens.
Clean Skies legislation will not only protect our environment, it will prolong the lives of thousands of Americans with asthma and other respiratory illnesses, as well as with those with heart disease. ”

“ That’s why, last year, I put forward America’s first climate action plan. This plan cuts carbon pollution by building a clean energy economy – using more clean energy, less dirty energy, and wasting less energy throughout our economy.
One of the best things we can do for our economy, our health, and our environment is to lead the world in producing cleaner, safer energy – and we’re already generating more clean energy than ever before. Thanks in part to the investments we made in the Recovery Act, the electricity America generates from wind has tripled. ”

“ It further is the policy of the United States that, to the extent permitted by law, all agencies should take appropriate actions to promote clean air and clean water for the American people, while also respecting the proper roles of the Congress and the States concerning these matters in our constitutional republic. ”

“ Each agency using petroleum products for facilities operations or building purposes shall seek to minimize such use through switching to an alternative energy source if it is estimated to minimize life cycle costs and which will not violate Federal, State, or local clean air standards. ”

“ We also find a fundamental flaw in the contention that once an industry complies with regulations designed to reduce air pollution to the level established by national primary and secondary air quality standards, it is no longer a "significant contributor" subject to new source regulation. Compliance with existing regulations may well enable the states to achieve the national standards, but it does not mean that the Administrator is precluded from exercising regulatory authority to prevent deterioration of clean areas. ”

“ We have put in place a series of clean air regulations that will help us to meet air quality standards. Through efforts like these, we will continue our Nation's economic growth and protect the environment. ”

“ Section 126 [p1089] further provides that neighboring states may petition the Administrator for a finding that a major source emits or would emit any air pollutant in violation of the prohibition of section 7410 (a) (2) (E) (i) . The question which has plagued the EPA and reviewing courts since that time is, assuming that no upwind state can transmit utterly pure air to its neighbor, how much pollution is too much under the Act? ”

“ The Clean Skies legislation will reach our ambitious air quality goals through a market-based cap-and-trade approach that rewards innovation, reduces cost and guarantees results. Instead of the government telling utilities where and how to cut pollution, we will tell them when and how much to cut. ”