Clean Air Act

1970

Congress enacts the Clean Air Act, in a near-unanimous endorsement of strong environmental protections

In a remarkable show of bipartisanship, the Senate vote for the Clean Air Act is unanimous, the House vote 374 to 1. The New York Times describes the legislation as 鈥渇ar broader in its reach, far tougher in its deadlines and penalties than any of its three predecessors.鈥* The principal architect of this law is 海角社区鈥檚 Senator Edmund Muskie, a Democrat, chair of the Senate Subcommittee on the Environment; he partners with Tennessee Senator James Baker, a Republican, to develop and promote the legislation.聽The law gives broad powers to the new Environmental Protection Agency (EPA) to set national 鈥渁mbient air quality standards,鈥 for specific pollutants, and charges the states with writing 鈥渋mplementation plans鈥 to achieve those standards.聽It provides for regulation of both 鈥渕obile sources鈥 鈥 cars, trucks, aircraft 鈥 and 鈥渟tationary sources鈥 鈥 factories, refineries, power plants.聽Greenhouse gases carbon dioxide and methane are not among the 鈥渃riteria pollutants鈥 listed in the law for immediate regulatory attention, but the law provides for periodic reassessment of and additions to the list of regulated pollutants.聽If the EPA determines that new pollutants 鈥渃ause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare,鈥 it must regulate them.聽The law鈥檚 definition of effects on 鈥渨elfare,鈥 鈥渋ncludes, but is not limited to, effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, and climate.鈥**聽During the signing ceremony in the Roosevelt Room, President Richard Nixon聽observes, 鈥淚 would only hope that as we go now from the year of the beginning, the year of proposing, the year 1970, to the year of action, 1971, that all of us, Democrats, Republicans, the House, the Senate, the executive branch, that all of us can look back upon this year as that time when we began to make a movement toward a goal that we all want, a goal that Theodore Roosevelt deeply believed in and a goal that he lived in his whole life.聽He loved the environment.聽He loved the clean air and the open spaces, and he loved the western part of the United States particularly, which will be greatly affected by this kind of action.鈥*** The American Chemical Society Journal comments: 鈥淭he new year 1971, the second in the seventies 鈥 the environmental decade 鈥 came in with a new air pollution control law.聽 Without question, the new law is tough.聽It is also complicated 鈥 With more deadlines per square inch than any other piece of legislation, [it] is the best blueprint for clean air the nation has ever had.鈥****

*E.W. Kenworthy, 鈥淭ough New Clean-Air Bill Passed by Senate, 73-0,鈥 The New York Times, September 23, 1970,
**Clean Air Act of 1970, Pub.聽 L.聽 91-604, 84 Stat 1676, December 31, 1970, 42 U.S.C.7401 et seq., 7409, 7521(a)(1), 7602(h),
***President Richard Nixon, Remarks on Signing the Clean Air Amendments of 1970.聽 December 31, 1970,
****American Chemical Society Journal, Environmental Science & Technology, 5, (2), 106 (1971)

Photo: President Lyndon B. Johnson signing the 1967 Air Quality Act 鈥 predecessor to the Clean Air Act of 1970 鈥 in the East Room of the White House.

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