Emerging Challenges in Ozone, Fine Particulate and Greenhouse Gas Regulation

摘要

The federal Clean Air Act ("CAA") directs the U.S. Environmental Protection Agency ("EPA") to set National Ambient Air Quality Standards ("NAAQS") for pollutants that are considered to be harmful to public health and the environment. Currently, EPA is conducting its five-year review of NAAQS. At the same time, implementation rulemaking is incomplete for the 1997 ozone and fine particulate matter ("PM") NAAQS and unsettled for the 2008 ozone and 2006 fine PM NAAQS. This paper focuses on recent or proposed regulatory changes and possible ramifications of revisions to national standards for ground-level ozone and fine PM. Because of ongoing litigation and EPA reconsideration concerning NAAQS, there may be a lengthy period where rules governing outcomes, expenditures and timing will be uncertain. The impact of the reconsiderations and revisions could be far-reaching and expensive, with standards unachievable in many areas for the next twenty years.