On October 1, 2015, the United States Environmental Protection Agency (“EPA”) adopted stricter regulation on ozone emissions that will fall heavily on California, and most particularly on the transportation sector, including airlines. The new standard strengthens limits on ground level ozone to 70 parts per billion (“PPB”), down from 75 PPB adopted in 2008. The EPA’s action arises from the mandate of the Clean Air Act (“CAA”), from which the EPA derives its regulatory powers, 42 U.S.C. § 7409(a)(1), and which requires that pollution levels be set so as to protect public health with an “adequate margin of safety. 42 U.S.C. § 7409(b).
Update 09/30/09 The Boxer-Kerry bill introduced at the press conference this morning – also known as Clean Energy Jobs and American Power Act – dropped the provision requiring the EPA Administrator to promulgate standards for aircraft and aircraft engines. Instead, it includes a more general provision that
. . . the Administrator may establish provisions for