Regulation under the Clean Air Act

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The Clean Air Act is the primary federal law governing air pollution in the United States, passed first 1970.[1] It gives the EPA authority to set limits on harmful pollutants, including particulate matter like coal dust, and to enforce these standards nationwide. Because they are harmful to our health, airborne particles are regulated as part of the Clean Air Act.

National Ambient Air Quality Standards

The U.S. Environmental Protection Agency (EPA) controls PM2.5 and PM10 as two of six criteria pollutants that must meet concentration thresholds known as the National Ambient Air Quality Standards (NAAQS), often pronounced as "the nacks". Exceeding these thresholds can trigger regulatory action, including stricter permitting requirements and enforcement measures.

The PM10 NAAQS is a 24-hour average mass concentration of 150 μg/m3, not to be exceeded more than three times over three years.[2] There are two PM2.5 NAAQS: a 24-hour average mass concentration of 35 μg/m3 and a recently revised annual average mass concentration of 9 μg/m3.[2] The NAAQS are set to protect public health, including the health of more sensitive individuals such those with asthma as well as children and elders. That said, there is no known safe level of exposure to PM2.5, with documented health impacts below the NAAQS.[3]

Compliance

Compliance with the Clean Air Act is determined through a combination of air quality monitoring, emissions reporting, and regulatory inspections.

  • Permitting and Reporting: Facilities must obtain air permits that set specific emissions limits and require regular reporting of emissions data.
  • Inspections and Enforcement: Agencies like the EPA or state departments (e.g., Virginia DEQ) conduct inspections and reviews. Violations can result in penalties or mandatory corrective actions.

References

  1. Evolution of the Clean Air Act. November 12, 2024.
  2. 2.0 2.1 U.S. EPA, NAAQS Table.
  3. Makar et al., Estimating the Causal Effect of Low Levels of Fine Particulate Matter on Hospitalization, Epidemiology, 28, 5, 627–634, 2017.