THE REVISION-POSTPONEMENT DISTINCTION IN THE 1970 CLEAN AIR AMENDMENTS

The Amendments to the Clean Air Act of 1970 provide statutory standards for revisions and postponements of deadlines for ambient air quality standards. EPA and two circuit courts have interpreted these standards differently. This has led to avoidance of meeting deadlines of state implementation plans. EPA allows state granted deferrals to be considered as revisions as long as the deferral ends before the date of attainment of national air quality standards as allotted by the state plan regardless of how this interferes with attainment and maintenance of air quality. The Fifth Circuit gives the pollution sources three alternatives; it can come into compliance with the state plan, meet the requirements for a postponement or close down. The First Circuit sees the standards as giving the pollution source the Fifth Circuit's three alternatives plus it may request a deferral by revision if the attainment and maintenance of air quality standards will not be effected. There are strict guidelines as to when this deferral may be requested. In the end ambient air quality standard will be achieved no matter which interpretation is used. The level of ambient air quality, however, does depend on the strictness of compliance. The resolution of the three interpretations is up to the Supreme Court.

  • Corporate Authors:

    Environmental Law Center

    Boston College Law School
    Brighton, MA  USA  02135
  • Authors:
    • Rikleen, S
  • Publication Date: 1976-6

Media Info

  • Pagination: p. 559-594
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00126123
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Dec 3 1975 12:00AM