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examples of these orders Executive Order 11514: Protection and Enhancement of Environmental
Quality (Reference 17) and Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations (Reference 18). Executive Order
11593: Protection and Enhancement of the Cultural Environment (Reference 93).
Clean Air Act (CAA) - In 1967, the first CAA provided authority to establish air quality
standards. Since the original act, subsequent efforts have established revisions that are more
stringent and comprehensive, culminating in the Clean Air Act Amendments of 1990 (CAAA).
Principal features of the CAAA include a comprehensive strategy to achieve and maintain
National Ambient Air Quality Standards (NAAQS) for specified criteria pollutants (ozone,
carbon monoxide, particulates, sulfur dioxide, nitrogen dioxide, and lead, which are discussed in
more detail below), further reductions in mobile source emissions, regulation of air toxics (e.g.,
hazardous air pollutants (HAPs)), establishment of a new acid rain control scheme, the phase-out
of production and sale of ozone-depleting chemicals (e.g., chlorofluorocarbons (CFCs) and
hydrochlorofluorocarbons (HCFCs)), and new enforcement sanctions.
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Ambient air quality standards represent a critical element in the national environmental
regulatory structure, and many of the most conspicuous environmental issues in the public arena
relate to efforts on the part of regulators and the regulated community to attain these standards.
Ground-level ozone, for example, poses a significant concern in many locations. Extensive
regulations govern air emissions of so-called “ozone precursors,” including nitrogen oxides and
volatile organic compounds, in these regions. Each state with an ozone nonattainment region has
developed a State Implementation Plan (SIP) with regulations that range from limiting industrial
emissions of specific pollutants to regulations governing emission sources from manufacturing,
transportation, and other sectors. Typically, a SIP addresses other nonattainment pollutants in a
manner similar to that described for ozone.
The CAA and its amendments and its associated regulations are largely implemented by the States
state level. Many states, as well as local jurisdictions, have additional State requirements
pertaining to air pollution. As a result, air pollution control regulations can be quite complex and
site- or area-specific.
The CAA and its associated regulations address air pollution control in two ways: an air qualitybased
approach and a technology-based approach, with the former being the most important for
the purpose of this discussion. EPA has implemented the air quality approach by establishing a
set of national ambient air quality standards for six “criteria pollutants:” ozone, carbon monoxide
(CO), particulate matter (PM-10), sulfur oxide (SOx), nitrogen dioxide (NOx), and lead. States
must identify geographic areas, termed “nonattainment” areas, that do not meet these air quality
standards.
For nonattainment areas, the affected state must develop a state implementation plan (SIP) that
includes a variety of emission control measures that the state deems necessary to ensure
attainment of the standards in the future. Although developed initially by the state and local air
pollution control officials, SIPs must be adopted by municipal and state governments and then
approved by EPA. Once a SIP is fully approved, it (and any emissions control measures) is
legally binding under both state and federal law, and may be enforced by either government.
Many states have designated nonattainment areas and, subsequently, have adopted a SIP. If a SIP
already exists, it must be revised as necessary to include and address emission control measures
necessary to ensure attainment. An area previously designated nonattainment pursuant to the
CAA Amendments of 1990 and subsequently re-designated to attainment is termed a
“maintenance” area. A maintenance area has a “maintenance” plan, or revision to the applicable
SIP, to ensure attainment of the air quality standards.
General Conformity Rule - A key component of the CAAA strategy to achieve and maintain the
NAAQS is the concept of “conformity,” required in Section 176(c)(1) of the CAAA. Conformity
is intended to ensure that the Federal government does not take, approve, or support actions that
are in any way inconsistent with a State’s plan to attain and maintain the NAAQS for criteria
pollutants. The CAAA define conformity to a SIP as demonstrating consistency with the SIP’s
“purpose of eliminating or reducing the severity and number of violations of the national ambient
　
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