Year: 1994
Type: article
Abstract: Fuel regulation has long been authorized by the Clean Air Act ("CAA").' The CAA of 19632 authorized the Department of Health, Education and Welfare ("HEW") to evaluate fuels and recommend research programs to prevent air pollution from motor vehicle exhaust.In the 1967 CAA amendments, 3 Congress gave HEW authority to prevent the marketing of fuels and fuel additives unless registration conditions imposed by HEW were met.Violation of registration requirements could have resulted in civil penalties of $1,000 per day.The 1970 CAA amendments included provisions allowing, but not requiring, fuels and fuel additives testing.4 Civil penalties increased to $10,000 per day.Also in 1970, the President created the Environmental Protection Agency ("EPA") and give it the authority over air pollution control that was previously exercised by HEW.The EPA could control or prohibit fuels or fuel additives under CAA section 211(c) if public health or welfare was endangered or if an automotive emission control system was impaired.'The 1970 CAA section 211(c)(4)(A) provided for federal preemption of standards for fuel or fuel additives when the Administrator of the EPA either prescribed standards or found that no control was necessary; 6 until then states could regulate.This preemption provision was used to prevent the regulation of lead content by local governments.7 The 1977 CAA amendments 8 expanded the EPA's authority further.The language of section 211(c) was altered to broaden the risk component from "which endangers" to "which may reasonably be anticipated to endanger the public health or welfare." 9 The EPA was directed to promulgate testing regulations and to test existing and new 1.CAA § 211 (codified at 42 U.S.C. § 7545 (1988 & Supp.111991)).2. Pub.L. No. 88-206, 77 Stat.393 (1963).3. Air Quality Act of 1967, Pub.L. No. 90-148, 81 Stat.481, 502 (1967).4. Clean Air Act of 1970, Pub.L. No. 91-604, 84 Stat.1676, 1694 (1970).5. Id. at 1698-99.6. 42 U.S.C. § 1857 f-6c(c)(4)(A) (1970) (recodified at 42 U.S.C. § 7545(c)(4)(A) (1988)).7.Exxon Corporation v. New York, 548 F.2d 1088 (2d Cir.1977).8. Clean Air Act Amendments of 1977, Pub.L. No. 95-95, 91 Stat.685, 762 (1977).9. See CAA § 211(c)(1) (codified at 42 U.S.C. § 7545(c)(1) (Supp.111991)).
Source: bepress Legal Repository
Authors: Reitze, W.D. Arnold
Institution: University of Tulsa
Language: English
Subfield: Pollution
Field: Environmental Science
Domain: Physical Sciences
Open Access status: green
OpenAlex ID: W1435311097