Clean Air

The Clean Air Act is the primary federal statute protecting the quality of the nation’s air and is generally implemented through regulations promulgated by the Environmental Protection Agency, as well as certain State, Tribal, and local agencies. EPA has authority to address some Clean Air Act violations through its own administrative proceedings, or it may refer violations to the Department of Justice for judicial enforcement. Following such a referral, EES may bring a civil action in federal court to seek injunctive relief to redress any violations, and a civil penalty where appropriate.

The Clean Air Act regulates both stationary and mobile sources of pollution. Stationary sources include facilities such as chemical plants, oil refineries, powerplants, factories, and other industrial operations, while mobile sources include things like cars, trucks, buses, and locomotives, as well as non-road equipment powered by internal combustion engines, such as construction and farm machines, generators, marine engines, and lawn and garden equipment.

Emissions from these sources include six common pollutants (also referred to as “criteria pollutants”) found throughout the country: particulate matter, ground-level ozone, carbon monoxide, sulfur oxides, nitrogen oxides, and lead. These can have numerous adverse effects on human health, including causing severe respiratory and cardiovascular impacts and premature death. They can also be significant contributors to smog, haze, and acid rain. The Clean Air Act also restricts emissions of numerous toxic air pollutants, which are known to cause, or suspected of causing, cancer or other serious health effects. The Clean Air Act also regulates the production and use of chemicals that destroy stratospheric ozone.

Our stationary source enforcement actions may involve facilities that failed to comply with initial permitting requirements, as well as facilities that are operating in violation of emission limitations imposed by their existing permits and applicable emission standards. Our mobile source enforcement actions involve failure to comply with EPA regulations that impose emission standards on motor vehicle engines and off-road vehicles and engines, as well as regulations that govern the composition of fuels for these sources. The Clean Air Act also prohibits the manufacture, sale, or installation of aftermarket hardware parts and software – known as “defeat devices” – that allow vehicle owners to remove or disable factory-installed emission controls, as well as tampering with emission control devices.