TRANSPORTATION CONTROLS UNDER THE CLEAN AIR ACT: A LEGAL ANALYSIS

By mid-1975 or soon thereafter most major metropolitan areas of this country should have in effect strict restrictions on the use of automobiles which will substantially change the driving habits of the American people and the way most of us live and conduct our business.Shifting most commuters from driving to work alone into car pools or public transit and cooling the great American love affair with the automobile may be a wrenching experience initially, but it will provide many benefits for everyone-cleaner air, less traffic, lower transportation costs, more efficient use of energy, and generally more habitable metropolitan areas.All of this change is being brought about by the Clean Air Actl (the Act) and the implementation and interpretation of that Act by the Environmental Protection.Agency (EPA), the courts and the several states.The Act itself requires the Administrator of the EPA to set national primary and secondary ambient air quality standards for various pollutants. 2 The primary standards must protect the public health with an adequate margin of safety and the secondary standards must protect the public welfare from any known or anticipated adverse effects, including damage to property.The primary standards are to be attained "as expeditiously as practicable," but in no event later than May 31, 1975, 3 and the secondary standards within a "reasonable time." 4 Each state is required to prepare and submit to the EPA for approval a plan for implementing the attainment and maintenance of the standards in each air quality control region within its boundaries.5 t The views expressed herein are those of the author.They do not represent the views of the Environmental Protection Agency.* Regional Counsel, Environmental Protection Agency, Region 1; B. A., Carleton College, 1958; LL.B., Yale Law School, 1961.' 42 U.S.C. § § 1857 et seq.(1970), which includes the Clean Air Act of 1963, Pub.IL, No. 88-206, 77 Stat.392, and amendments made by the Motor Vehicle Air Pollution Control Act, Pub.L. No. 89-272, tit, I, 79 Stat.992 (1965); the Clean Air Act Amendments of 1966, Pub.L. No, 89-675, 80 Stat.954; the Air Quality Act of 1967, Pub.L. No, 90-148, 81 Stat.485; and the Clean Air Amendments of 1970, Pub.L. No. 91-604, 84 Stat.1676.Clean Air Act § 109, 42 U.S.C. § 1857c-4 (1970).3 Clean Air Act § 110(a)(2XA)(i), 42 U.S.C. § 1857c-5(a)(2)(A)(i) (1970).4 Clean Air Act § 110(a)(2)(A)(ii), 42 U.S.C. § 1857c-5(a)(2)(A)(ii) (1970).The relationship between primary and secondary standards under the Clean Air Act is discussed in Comment, The Clean Air Amendments of 1970: Better Automotive Ideas From Congress, 12 B.C. Ind. & Com.L. Rev. 571, 583-84 n.85 (1971).5 Clean Air Act § § 107, 110(a)(1), 42 U.S.C. § § 1857c-2, -5(a)(1) (1970).749