Study Of The U.s. Clean Air Act

Two of the eight most critical environment damaging events took place in the United States, one is Los Angeles Smog Event in 1943,.the other is Donora Event in 1948. Both of these two events severely damaged the air quality. The United States govenment and domestic society intended to form the national air quality protection program, which aiming to improve the air condition. The Clean Air Act legislated by the United States congress sets an example for all the countries in the world including China. At present, China is facing urgent air quality improvement demand. The research on the Clean Air Act, in terms of the rationality and operability, should be constructive for China to improve the environmental protection regulative system.In 1955, United States built the first national air quality regulation, but form 1881,air qulity improvement programs had been already implemented in Chicago and Cincinnati. The air improvement legislation evolution phased from 1955 to 1963, when Clean Air Act was enected, and several amendments were made in the year 1970,1977,1990. The Air qulity protection system was fianlly formed in the United States.A fter years of improvement, the Clean Air Act was enacted. The Clean Air Act aims to advance the air quality; protect the public health and welfare; enhance the productivity. The major principles are National Ambient Air Quality Standards Principle, State Implementation Principle, New Source Review Principle, Visibility Protection Principle. National Ambient Air Quality Standards are devided into Primary National Ambient Air Quality Standards and Secondary National Ambient Air Quality Standards, the financial and scientific limitation should not be considered while setting the National Ambient Air Quality Standards. The State govenments are rendered tremendous power to implement all those standards according to the State Implementation Principle. The newly established pollution sources are strictly regulated by the New Source Review Principle, only after accquiring the admit of prevention of significant deterioration, then the production can be commenced. Obviously prevention before the pollution is the main purpose of the Clean Air Act, after years of practices, the promising outcome also can prove the sufficient effect of the legal system setted by the Clean Air Act.Regulation of Mobile Sources is one of the major portion of the Clean Air Act. Because of unbeleivable number of motor vehicles in the United States, the emission is strictly critical. According to the different types of emission partical, the Clean Air Act sets light-duty vehicle, heavy-duty vehicle, non-road vehicle engines control programs. Strict inspection and maintenance programs and vehicles control measures are setted. Certification and selective enforcement audit and recal program are aslo required in the Clean Air Act. According to common conventional fuels such as gasoline and diesel fuel contain hundreds of chemical pollutants, the substantially similar regulation was stipulated in the Clean Air Act. Manufacturers of new fuels and addictives have the burden of showing that their products will not harm emission control equipment and perfprmance before they can be introduced into commerce. This requirement effectively prevents the pollutants to be emited from the beginning.In order to control the acid rain, the Clean Air Act adopted sulfur dioxide regulation and nitrogen oxides regulation. the Clean Air Act imposes limits on sulfur dioxide emmissions through a system of marketable allowances. The Environmental Protection Agency is to issue allowances to the designated representative of each existing affected unit. The number of allowances are determined by the quantity and valocity emited by each unit. The allowances may be freely transfered among units, and the transfers become effective upon the Environmental Protection Agency' s receipt and recordation of a written certification of the transfer. The Environmental Protection Agency is able to hold direct sales and auctions of allowances to ensure tha availability of allowances to the market. In the nitrogen oxides regulation, low nitrogen oxides burner technology is the most useful promulgation, which means on the degree of reduction achievable through the retrofit application of the best system of continuous emission reduction, taking into account available technology, costs and energy and environmental impacts. Compared between sulfur dioxide regulation and nitrogen oxides regulation, obviously the allowances transfer system is more practical, through the allowances can be move from unit to another unit, the overall quantity will not be exceeded.Ozone protection is another main aim of the Clean Air Act. Warning labels must be placed on products containing hazadous pollutants. The Environment Protection Agency's lableing regulations provide that a manufacturer must label its product as manufactured with a controlled substance only if that manufacturer itself used a controlled substance in making the product. This limitation is intended to simplify compliance for manufacturers who purchase components from any venders. No doubt Ozone protection regulations form the Clean Air Act influence greatly, even in the international society.Enforcement is the only path leading to the fully implementation of the law.The civil enforcement and criminal enforement are deeply researched in this thesis. Citizen Suits are the major concern in this discussion. The Citizen Suits, which is typical commonwealth civil suits, tromendously changes the traditional judicial system. The analysis of Citizen Suits should be precious reference to China, and brings significant influence.