Commentary
Winds of Change are Blowing
From its inception, the federal Clean Air Act has given states primary responsibility for assuring that air emissions from sources within their borders are consistent with national air quality standards that have been developed by the Environmental Protection Agency (EPA). To implement this goal, each state is required to submit a State Implementation Plan (SIP) to the EPA for approval to ensure the implementation of air quality standards. In 1990, Congress enacted the Clean Air Act Amendments of 1990 which required: major air pollution sources to obtain an operating permit; states to develop and implement that permitting program; and EPA to review each state’s proposed program and oversee the state’s efforts to implement any approved program. If a state failed to adopt and implement an approved program, the EPA must develop and implement a federal permit program, and it was authorized to levy sanctions against a state that does not submit or enforce a permit program.
