What US Clean Air Act (42 USC ch 85): NAAQS, Permits, Emission Standards and Enforcement requires
The Clean Air Act (CAA), codified at 42 U.S.C. Chapter 85 (sections 7401-7671q), is the principal US statute for controlling air pollution, administered by the US Environmental Protection Agency (EPA) in cooperation with the States. Section 7401 sets the findings and purposes. Section 7409 directs EPA to establish national primary and secondary ambient air quality standards (NAAQS) for criteria pollutants, and section 7410 requires each State to adopt and submit a state implementation plan (SIP) providing for the implementation, maintenance and enforcement of the NAAQS. Section 7411 establishes standards of performance for new stationary sources (NSPS), and section 7412 establishes the program for hazardous air pollutants, including technology-based emission standards (MACT). Section 7475 sets the preconstruction requirements for major emitting facilities in attainment areas under the Prevention of Significant Deterioration (PSD) program, while sections 7502-7503 set the nonattainment area plan and permit requirements (including nonattainment new source review). Section 7521 sets emission standards for new motor vehicles and engines. Sections 7661-7661f establish the Title V operating permit program, under which major sources must obtain and comply with a comprehensive operating permit. Section 7413 provides for federal enforcement: EPA may assess administrative penalties of up to $25,000 per day of violation, may seek civil judicial penalties of not more than $25,000 per day for each violation, and may pursue criminal penalties for knowing violations of a fine under title 18 or imprisonment of not more than five years (with the maximum punishment doubled on a subsequent conviction); a knowing release that places another in imminent danger of death or serious bodily injury (knowing endangerment) is punishable by a fine under title 18 or imprisonment of not more than fifteen years, or both, and an organization by a fine of not more than $1,000,000 for each violation. Penalty figures are subject to inflation adjustment by regulation.
Pillar: Water & Environmental Resources · Authority: US Congress / US Environmental Protection Agency (EPA) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap85.htm
SHA-256 integrity: f645694de034da4e06985c9126b89aa68cd0042a166ebbc794cdfaf12352ba8e
Primary Citations — 8 traced to source
- Clean Air Act, 42 U.S.C. 7401 - congressional findings and declaration of purpose.
- Clean Air Act, 42 U.S.C. 7409 - national primary and secondary ambient air quality standards.
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