PCAP - Presidential Climate Action Project

1. Statutory provisions that establish a purpose, mission, goal, finding ordeclaration of national policy that directly supports the declaration.This section establishes that it is national policy to protect the air and atmosphere (e.g., CAA,NEPA and other general policy declarations), that from a policy perspective climate change isalready recognized as global in nature, and that there is an inter-generational obligation in termsof protecting and preserving the environment.a. Protecting the Air. The following are some key provisions from four key statutes thatestablish national policy to protect the air and atmosphere. Some of these provisions are of ageneral nature but obviously would include air pollution or the protection of the atmosphere.Air Pollution Prevention and Control, Chapter 85 of Title 42. 319The congressional findings and declaration of purpose are quoted in full, as they are directlyrelated to this principle, and applicable to all of subchapter I (programs and activities) 320 whichincludes the CAA. See Proposal B-7 regarding future regulation of GHGs under the CAA.The Congress finds—(1) that the predominant part of the Nation’s population is located in itsrapidly expanding metropolitan and other urban areas, which generallycross the boundary lines of local jurisdictions and often extend into two ormore States;(2) that the growth in the amount and complexity of air pollution broughtabout by urbanization, industrial development, and the increasing use ofmotor vehicles, has resulted in mounting dangers to the public health andwelfare, including injury to agricultural crops and livestock, damage toand the deterioration of property, and hazards to air and groundtransportation;(3) that air pollution prevention (that is, the reduction or elimination,through any measures, of the amount of pollutants produced or created atthe source) and air pollution control at its source is the primaryresponsibility of States and local governments; and(4) that Federal financial assistance and leadership is essential for thedevelopment of cooperative Federal, State, regional, and local programs toprevent and control air pollution.319 42 U.S.C. §§ 7401- 7671q.320 Id. at §§ 7401-7515 (this subchapter also includes the following parts: A) Air Quality and Emissions Limitations;B) Ozone Protection; C) Prevention of Significant Deterioration of Air Quality; and D) Plan Requirements forNonattainment Areas.CEES 85 | P age