States have the discretion to require a higher level of air quality in the SIPs but may not go below the federal standard. States have a wide range of freedom in which regulatory measures/non-regulatory measures they include in their SIPs to meet the required standards. The CAA requires all states to create a State Implementation Plan (SIPs) detailing how they intend to force their Non-Attainment areas to achieve the NAAQS standards. Attainment Areas and Non-Attainment Areas are subject to different standards and regulations. Places that fail to comply with at least one criteria pollutant standard are known as Non-Attainment Areas. There are two types of NAAQS: Primary standards (which protect human health) and secondary standards (which protect the public welfare, which includes effects on animals, wildlife, water and visibility).Īreas that successfully comply with all NAAQS criteria pollutant standards are known as Attainment Areas. While the EPA is mandated by the CAA to set and regulate criteria pollutants, courts have concluded that the EPA has discretion in determining what is considered an adequate margin of safety (See: Lead Industries Ass'n v. NAAQS regulations require any given criteria pollutant to stay below a level to "protect the public health" within an "adequate margin of safety". Currently, there are 6 criteria pollutants:Īdditionally, under CAA §108, the EPA is required to regularly consider adding pollutants to the criteria list.Ĭriteria pollutants are subject to National Ambient Air Quality Standards (NAAQS). The CAA requires the Environmental Protection Agency (EPA) to establish a set of “criteria” pollutants, or pollutants that endanger the public welfare and are emitted from numerous/diverse sources. ![]() Title 42, Chapter 85, is a central piece of legislation in the field of environmental law which promulgates uniform national standards for a wide range of air pollutants and sources. The CAA utilizes a two-prong approach - in addition to regulating the air quality levels, it also regulates sources of pollution. The Clean Air Act (CAA), codified in U.S.C.
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