Denny is a blueberry farmer in Bladen County and member of the North Carolina Farm Bureau (NCFB). After reports of airborne releases of chemical brand known as Gen-X, apolyfluoroalkyl substance group known as PFAS, Denny has his blueberry crop tested for residue, which comes back positive rendering it unmarketable. PFAS are not regulated substances under the Clean Air Act or any other pollution control statute.

The North Carolina Farm Bureau petitions the Environmental Protection Agency (EPA) to develop regulations and standards for acceptable levels of PFAS emissions under the Clean Air Act.

EPA denies the petition, stating that PFAS are far too valuable economically to be regulated.

NCFB sues the EPA to force reconsideration of its petition.

Which statement best describes the supreme law of the land on this matter?

Question 13Select one:

a.

EPA is required by the Clean Air Act to develop emissions standards for all substances released to the ambient air

b.

EPA is required by the Clean Air Act to develop emissions standards for any pollutant it determines to be harmful to human health and welfare

c.

EPA under the Clean Air Act is afforded deference in its decisions whether - upon petition requesting it to do so - it must regulate pollutants potentially harmful to human health and welfare

d.

EPA under the Clean Air Act must balance the economic benefit of substances emitted to the ambient air with their potential harm to human health and welfare in determining whether to develop standards for that substance