The Clean Air Act and The Clean Power Plan

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The principal statute addressing air quality concerns, the Clean Air Act was first enacted in 1955, with major revisions in 1970, 1977, and 1990 and is addressed in the first part of this book. Congressional actions on air quality issues have been dominated since 2011 by efforts— particularly in the House—to change the Environmental Protection Agency’s (EPA’s) authority to promulgate or implement new emission control requirements. EPA’s regulations on greenhouse gas emissions from electric power plants and from oil and gas industry sources have been of particular interest, as have the agency’s efforts to revise ambient air quality standards for ozone. The 115th Congress and the Trump Administration are reviewing some of these regulations, with the possibility of their modification or repeal.

On October 23, 2015, the U.S. Environmental Protection Agency (EPA) published its final Clean Power Plan rule (Rule) to regulate emissions of greenhouse gases (GHGs), specifically carbon dioxide (CO2), from existing fossil fuel-fired power plants. The aim of the Rule, according to EPA, is to help protect human health and the environment from the impacts of climate change. The Clean Power Plan would require states to submit plans to achieve state-specific CO2 goals reflecting emission performance rates or emission levels for predominantly coal- and gas-fired power plants, with a series of interim goals culminating in final goals by 2030. (Imprint: SNOVA)

Preface

Part 1: Clean Air Act

Chapter 1. Clean Air Act Issues in the 115th Congress: In Brief
James E. McCarthy

Chapter 2. Cost and Benefit Considerations in Clean Air Act Regulations

Chapter 3. Clean Air Permitting: Implementation and Issues
Claudia Copeland

Chapter 4. Key Historical Court Decisions Shaping EPA’s Program Under the Clean Air Act
Linda Tsang and Alexandra M. Wyatt

Chapter 5. The Clean Air Act’s Good Neighbor Provision: Overview of Interstate Air Pollution Control
Kate C. Shouse

Chapter 6. Volkswagen, Defeat Devices, and the Clean Air Act: Frequently Asked Questions
Bill Canis, Richard K. Lattanzio, Adam Vann and Brent D. Yacobucci

Chapter 7. White House Directs EPA to Review Air Quality Standards and Permitting Process
Kate C. Shouse

Part 2. The Clean Power Plan

Chapter 8. Reconsidering the Clean Power Plan
James E. McCarthy

Chapter 9. Clean Power Plan: Legal Background and Pending Litigation in West Virginia v. EPA
Linda Tsang and Linda Tsang

Chapter 10. EPA Proposes to Repeal the Clean Power Plan
Linda Tsang

Chapter 11. U.S. Carbon Dioxide Emissions Trends and Projections: Role of the Clean Power Plan and Other Factors
Jonathan L. Ramseur

Index

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