7.1 Preamble

Since the Clean Air Act (CAA) was passed in 1970, the nation has made impressive progress in reducing emissions and improving air quality. The states’ role in achieving that progress has been substantial. However, significant air pollution problems, including nonattainment of the health-based National Ambient Air Quality Standards (NAAQS), continue in many areas of the country. According to estimates by the U.S. Environmental Protection Agency (EPA), tens of thousands of people die prematurely each year as a result of air pollution, and millions more are exposed to unhealthful levels of a variety of air contaminants.

Accordingly, governors continue to strongly support the goals and implementation of the Clean Air Act, as well as additional efforts to improve air quality and protect public health.

7.2 State Role

Governors affirm that the states must have the primary responsibility and authority for the control and abatement of air pollution, as required under section 101(a)(3) of the CAA. States must not be precluded from setting standards that are more stringent than federal minimum standards or from acting in the absence of federal standards. Because some states are prohibited from setting more stringent standards, the federal government should ensure that federally established air quality standards adequately protect public health.

As partners in a national effort to ensure cleaner air for all Americans, governors will continue to look to EPA and Congress for their financial assistance and leadership, as envisioned under section 101(a)(4) of the CAA.

Governors agree that any new federal legislation must preserve current state authorities and protections under the Clean Air Act.

7.3  Federal Role

7.3.1 National Ambient Air Quality Standards. At the core of the CAA is a comprehensive framework for establishing, attaining, and maintaining the health-based NAAQS that “protect public health with an adequate margin of safety.” In light of the significant public health and economic impacts of the NAAQS, governors depend on EPA to use the best available science to set these standards and update them on a timely basis. Governors further support full implementation by EPA of its statutory responsibilities in support of state efforts to attain and maintain the NAAQS.

7.3.2 Regulatory Tools, Guidance, and Technical Assistance. States look to EPA for the issuance of effective regulatory tools, guidance, and technical assistance in timeframes that allow for appropriate state action. Delay by EPA makes it difficult for states to successfully implement air quality plans and meet the applicable statutory deadlines. The federal government should take all appropriate measures to ensure that states do not face reduced or unrealistic timeframes or sanctions as a result of its failure to deliver rules, data, or guidance in a timely manner.

Furthermore, all federal measures should be designed to maximize the public health and environmental benefits of improved air quality, while providing states the administrative flexibility and resources to design and implement their programs in a cost effective manner consistent with the CAA. New federal regulatory efforts and emissions standards must ensure protection of public health and air quality goals of the CAA. EPA must ensure consistency between regions on implementation of CAA regulations and guidance. EPA also needs to address the interstate and interregional transport of emissions that contribute to the air quality problems facing many areas of the country. In addition, EPA should support and enhance states’ ability to obtain emission reductions using existing tools and programs, as well as to assess compliance and enforce air quality regulations.

Since most states lack the necessary resources, the federal government should take the lead in the development of emission factors, models, and test methods, and provide appropriate training.

7.3.3  Federal Grants to States. Recognizing the key role of states in implementing our nation’s clean air program, CAA section 105 authorizes the federal government to provide grants for up to 60 percent of the cost of state air quality programs. However, these grants have been targeted for significant and disproportionate cuts as many states have been unable to meet their match requirements. Meanwhile, states face increased statutory responsibilities, including the implementation of plans to attain and maintain the 8-hour ozone and fine particulate matter NAAQS.

Governors urge increased funding for state air pollution control programs to a level sufficient to allow states to fulfill their responsibilities, and for flexibility for states to meet their meet match requirements. In addition, governors urge continued funding for regional planning efforts including, but not limited to, improving the quality and efficiency of planning and coordination and technical assistance programs.

Governors oppose any updates to the section 105 funding allocation that would lead to a substantial shift in grant allocation amounts, as affected states cannot easily absorb any additional costs. Governors believe that there needs to be a more thoughtful transition so as to preserve existing state air pollution control programs.

7.3.4  Flexibility. Governors recognize their responsibility to ensure that emissions from all sources must meet federal goals and standards of the Clean Air Act. Governors urge EPA to work with the states to pursue flexible alternatives to enhance states’ abilities to meet the goals of the Clean Air Act. Governors support the development of flexible and innovative strategies to foster environmental protection and believe that economic, incentive-based, free-market systems can be an effective tool in addressing the most pervasive pollution problems.

7.3.5 Multi-Pollutant Strategies. Governors recommend that Congress adopt legislation for a national, performance-based, multi-pollutant approach to reduce emissions from all sources of air pollution nationwide, including any “greenhouse gas” emissions that Congress may choose to regulate. Such an approach would offer benefits in the form of greater and timelier emission reductions; certainty and equity for industry; a more efficient, less complex government process; and appropriate protection of public health and the environment.

Time limited (effective Annual Meeting 2009–Annual Meeting 2011).
Adopted Annual Meeting 1980; revised Winter Meeting 1982, Annual Meeting 1983, Winter Meeting 1984, Annual Meeting 1984, Winter Meeting 1985, Winter Meeting 1987, Winter Meeting 1989, and Winter Meeting 1990; reaffirmed Winter Meeting 1994; revised Annual Meeting 1994, Annual Meeting 1995, Annual Meeting 1997, and Annual Meeting 1999; reaffirmed Annual Meeting 2001 and Annual Meeting 2003; revised Annual Meeting 2005, Annual Meeting 2007, and Annual Meeting 2009 (formerly Policy D-3).