National Ambient Air Quality Standards

“ The EPA argues that the literal language of sections 126 (b) and 110 (a) (2) (E) , 42 U.S.C. §§ 7426 (b) , 7410 (a) (2) (E) , indicates that interstate pollution is prohibited only insofar as it prevents another state from attaining or maintaining [p1088] "any such national primary or secondary ambient air quality standard." ”

“ Upon application by the owner or operator of a fuel burning stationary source, and after notice and opportunity for public hearing, the Governor of the State in which such source is located may petition the President to determine that a national or regional energy emergency exists of such severity that— (A) a temporary suspension of any part of the applicable implementation plan or of any requirement under section 7651j of this title (concerning excess emissions penalties or offsets) may be necessary, and (B) other means of responding to the energy emergency may be inadequate. ”

“ When such plan becomes effective in accordance with the regulations promulgated under section 7601 (d) of this title, the plan shall become applicable to all areas (except as expressly provided otherwise in the plan) located within the exterior boundaries of the reservation, notwithstanding the issuance of any patent and including rights-of-way running through the reservation. ”

“ Provided, That the issuance of information on air quality control techniques shall not be construed as requiring the purchase of certain pollution control devices by the public.
SECTION 12. Ambient Air Quality Values and Standards. – TheDepartment, in coordination with other concerned agencies, shall review and/or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/or standard necessary to protect public health and safety, and general welfare. ”

“ Moreover, it is significant that Congress has recently acknowledged that more often than not the "margins of safety" that are incorporated into air quality standards turn out to be very modest or nonexistent, as new information reveals adverse health effects at pollution levels once thought to be harmless. See H.R.Rep.No.95-294, supra, at 103-117. ”

“ To summarize, petitioners and the EPA differ as to the model which determines how great a reduction in hydrocarbon emissions is necessary, and also as to how effective in achieving the required reductions particular measures will be. In general, the state's calculations indicate that the ambient air quality standards can be attained in each AQCR through its Regulation V, imposing extensive controls on stationary sources, such as factories and refineries. ”

“ B. The CRSTER Model In "nonattainment areas" the Clean Air Act provides for measuring the amount and the spread of dirty air from a source by actual testing or by "air quality modeling," 42 U.S.C. § 7501 (2) . In such areas, the Act emphasizes the need for "a comprehensive, accurate, current inventory of actual emissions from all sources" in order "to assess the need" for more "reduction" to meet national standards, and presumably as a check on modeling techniques. 42 U.S.C. § 7502 (b) (4) .
An "air quality model" or "computer model" is a forecasting technique. ”

“ However, it does not appear that the Senate intended this term to lead to regulation of CO2 and other greenhouse gas emissions.
Both the Senate and CEQ Reports expressed an understanding that under the 1970 amendments, air quality standards would be issued for the five “major” pollutants — sulfur oxides (SOx) , particulate matter (PM) , carbon monoxide (CO) , hydrocarbons (HC) , and oxidants — for which criteria documents had already been issued by EPA's predecessor, the National Air Pollution Control Administration (“NAPCA”) . See S. Rep. No. ”

“ Over the past 6 years alone, even as our Nation has produced the most dynamic economy in a generation, we have improved air quality in every single State. We've reduced toxic air pollution from chemical plants by 90 percent. We've set the toughest standards in decades for smog and soot, which will prevent millions of cases of childhood asthma. ”

“ Governments can establish and monitor air quality goals and objectives, allowable atmospheric loadings, and related emission criteria or standards, as some successfully do already. Regional organizations can support this effort. ”

“ The committee recognizes that the construction of major new industrial facilities [p327] in some regions may conflict with implementation plans for national air quality standards and goals - even where such new facilities are designed, equipped, and operated so as to comply with applicable Federal standards of performance. This is most likely to occur in places where existing levels of air pollution are excessive. ”

“ The Department, in coordination with the Department of Science and Technology (DOST) , other agencies, the private sector, the academe, NGOs and POs, shall establish a National Research and Development Program for the prevention and control of air pollution. The Department shall give special emphasis to research on and the development of improved methods having industry-wide application for the prevention and control of air pollution. Such a research and development program shall develop air quality guideline values and standards in addition to internationally-accepted standards. ”