The EPA’s Dereliction of Duty How the Agency’s Failure to Meet Its Clean Air Act Deadlines Undermines Congressional Intent

This study assesses the Environmental Protection Agency’s performance of its core Clean Air Act responsibilities, reviewing more than 1,000 deadlines across every major regulatory program for stationary sources. The results indicate that the EPA’s deadline performance is woeful. To date, 84 percent of the agency’s Clean Air Act deadlines are late or outstanding by an average of 4.3 years. For industrial sector-wide regulations, such as New Source Performance Standards and National Emissions Standards for Hazardous Air Pollutants, the agency was late on average by 7.8 years. In reviewing State Implementation Plans (SIPs) to meet ambient air quality standards, the agency was late on average by 1.9 years. The EPA, not Congress, is to blame for the agency’s woeful record in achieving its Clean Air Act deadlines. The agency’s failure to meet its deadline raises a number of troubling issues.

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