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Clean Air Act - Interstate Pollution

What is interstate pollution under the Clean Air Act?

Written by Jason Gordon

Updated at September 26th, 2021

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Table of Contents

What is interstate pollution under the Clean Air Act?Academic Research

What is interstate pollution under the Clean Air Act?

The CAA statutes are poorly designed to address interstate externalities, as no programs require consideration of the effects in other states of the placement or number of new pollution sources. The EPA addresses this concern by conditioning SIP approval on a states plan not contributing significantly to non-attainment in, or interfere with maintenance by, any other state of a primary or secondary NAAQS. Also, the SIP cannot interfere with measures required in another states SIP.

Note: This allows a downwind state to sue the EPA Administrator for approving a SIP (or revision) that interferes with downwind attainment. The 1977 Amendments authorized states or political subdivisions to petition the EPA (at any time) for a finding that a major source or group of sources in another state are causing theim to violate NAAQS. It also requires a state to provide notice to nearby states when it proposes to build a new or modified PSD source or one that might contribute significantly to compliance with downwind NAAQS.

Next Article: Clean Air - Enforcement Provisions Back to: ENVIRONMENTAL LAW

Related Topics

  • What is the Clean Air Act?
  • State Implementation Plan?
  • New Source Performance Standards and New Source Review?
  • Prevention of Significant Deterioration?
  • Non-attainment Areas?
  • Interstate Pollution?
  • Enforcement?

Academic Research


clean air act interstate pollution

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