Clean Air Act
Clean Air Act, 42 U.S.C. § 7401 et seq. -- Enforced by US EPA --
By the end of this lecture you should be able to describe: * The race to laxity * What NAAQS means. * The federal government’s role in cooperative federalism * 7 criteria pollutants * A hazardous pollutant under the CAA * Non-attainment area * Emissions trading programs * Noise pollution under the CAA * The four Class I areas designated by the State of Florida * The four emissions regulated by Title II of the Clean Air Act relating to motorized vehicles * How long a waiver is good for and to how much of an auto manufacturer’s production does it apply to. * What city is the Title II
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If a downwind state was having bad impacts from upwind state pollution, the federal government didn’t have much enforcement authority beyond requesting the upwind state to enforce relevant upwind state laws. There was little to no federal involvement in direct pollution control.
*** Race to Laxity ***
Image from World Meteorological Organization.
Some states tried to enact strict air pollution control laws, but were trumped by the “race to laxity.” This is where states having more stringent pollution control standards found themselves disadvantaged in the competition for economic development. States with less pollution controls would offer businesses sweetheart deals including further relaxation of the limited standards already in place or no oversight to really impose the limited standards.
NOTE: We're studying how the CAA essentially eliminates this problem from the US, but we still see an analogous issue in international environmental laws (e.g., think of the efforts China took in 2008 to curb air pollution in advance of the 2008 Summer Olympics).
Congress Takes Action
After reviewing the sorry state of the nation’s air quality and the increase in respiratory problems among a variety of groups, Congress took action and passed the Clean Air Act Amendments of 1972. The Amendments of '72 (as also amended in '77 and '90), embodies a combination of four distinct statutory techniques:
Sections 7407, 7408, 7409, and 7410, taken together created
Pollution is a major issue in many communities. It affects the local population and the number of people moving to the area, in addition to the potential workforce. If externalities result in an unsafe community, it will result in fewer residents and less economic growth. Government controls on pollution is very effective if patrolled. Many regulations are not monitored, thus companies often find ways to avoid the regulations. Government officials need to
Before the Clean Air Act (CAA) was passed by Congress, the Air Pollution Act of 1955 and Motor Vehicle Act of 1960 preceded it. The two acts before the CAA did not really do much except jump starting research and throwing plenty of money at the research. When the research was released to Congress from the Motor Vehicle Act, Congress found out that approximately 60% of pollution was coming from vehicles; of the pollutants that were being emitted from vehicles, the most prominent that were found were Carbon Monoxide (CO), Nitrogen Oxide (NOx), and Hydrocarbons. These findings pushed Congress to pass another bill that would help to slow down pollution, especially from vehicles. However, when the CAA was passed, it did not mandate any reductions
The regulatory measures target the emissions from industries as well as the products resulting from certain industries. The agency establishes certain regulations that seek to standardize the emissions in terms of quantity and if companies are found
Two major laws that are regulated by the EPA are the Clear Air Act and the Clean Water Act. These laws, passed by Congress, give the EPA the authority to write regulations. The Clean Air Act regulates emissions of hazardous substances into the air. The set the air emissions standards in which businesses must abide by or face penalties. The Clean Water Act restricts the release of pollutants into water. The goal of both of these laws is to protect the public and provide clean drinking water and sustainable habitats for marine life. The EPA also regulates many other environmental health concerns. They regulate hazardous substances such as asbestos, lead, and mold. They also have a large role in tackling major environment
The Supremacy clause of the U.S. Constitution establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. While in this particular matter, the statutes of the Environmental Protection Agency (EPA) would generally trump the state level regulations of organizations such as the California Air Resources Board (CARB), however the EPA has also mandated that “The setting of these pollutant standards was coupled with directing the states to develop state implementation plans (SIPs), applicable to appropriate industrial sources in the state, in order to achieve these standards.” (EPA, 2015) The standards in questions are called National Ambient Air Quality Standards (NAAQS)
This was the first declaration by federal government identifying that it was the rights of states and local governments to be responsible for controlling air pollution. The government took the health and public welfare of Americans seriously by passing the Air Pollution Act, but ironically, the federal government was not in any form engaging in air pollution clean up or prosecuting those responsible for pollution. This act did not reduce any of the smog in the atmosphere, nor did it make it easier for states with low funding to tackle their own city’s air pollution problems. The unseen long term benefits of this act were the federal research funds implemented to conduct air pollution research which eventually structured the Clean Air Act of
Improved air quality wasn’t a subject of national concern until the mid 1900s. After decades of coal burning, unregulated gas emissions from cars and the excessive burning of fossil fuels, people started noticing bad air quality as a hazard to their lives. Over several decades, after seeing the costly effects air pollution was having on the environment and people’s health, interest groups like the Friends of The Earth club and the influences of Theodore Roosevelt and Rachel Carson’s Silent Spring finally came together to persuade the government to enforce legislation that would reduce air pollution. Because of these efforts, the policies of the Clean Air Act of 1963 and the Motor Vehicle Pollution Control Act of 1965, that aimed to control air pollution and raise air quality standards, helped create the Environmental Protection Agency (EPA) on December 2, 1970. Since then, the EPA has passed more air quality improvement acts, and amendments to previous acts passed, to increase restrictions on air pollutants, with their main policy concern being the Clean Air Act. Improved air quality acts imposed by the EPA have been successful in cleaning the United States’ air quality by reducing ground-level ozone pollution and reducing emissions, allowing for a decrease in pollution related deaths/illnesses and a better standard of living. The EPA, through regulations and the Clean Air Act, has delivered it’s promise to improve air quality in the United States.
In the past, the Congress and the House have forced the state governments to meet in certain enviromental standards. (Sparknotes Editors, Federalism, page 2)
At the moment the o zone regulation limit is seventy five parts per billion and the EPA’S Clean Air Scientific Advisory Committee recommends to set the standard in between sixty and seventy parts per billion. The National Association of Manufactures says that the new regulation woud increase energy cost and reduce family incomes to about an equal amount of one hundred eighty two thousand lost jobs for Texas. The new ozone regulations could put a kink in natural gas production and then result in about a fifteen percent increase in electricity prices. Forty percent of the U.S. population already live in areas that don’t meet the current EPA regulation. Those people are at risk for aggravated asthma, difficulty breathing, pre mature death, cardiovascular harm, and lower birth
The national or federal environmental administration asks their states to help maintain a safe and clean environment for all of its’ people to enjoy. The National Environmental Policy Act or also known as NEPA was established in 1969 to aid federal agencies to help convey the message for the need to protect the environment. “Federal agencies are required to systematically assess the environmental impacts of their proposed actions and consider alternative ways of accomplishing their missions, which are less damaging to and protective of the environment” (U.S. General Services Administration). Even though the National Environmental Policy Act “requires” federal agencies to ensure states to follow through, Texas has not fully committed to the requirement. “Texas contains an abundance of natural resources, but efforts to impost environmental regulations have faced roadblocks for many decades” (The Texas Tribune). Texas has neglected to keep the environment’s safety in mind and thought of only the business boom. The natural resources found on the land of Texas represents a magnet that attracts people. Texas desires to continue the attraction of people into the state as it is allowing the state to flourish in economic matters. During the past few decades, “From 1970 and 1980, as oil prices spiraled upward and people flocked to Texas,” (Petersen and Assanie) there has been little attempt made in conserving
During the 1890s, air pollution also became a major issue from rapid industrialization. The result is that the government began to enact various air quality laws dating back to the early 20th century. This was regulated for the most part by the New York Sanitary Code. These are a series of local guidelines which are used to loosely enforce different environmental ordinances. They rely mainly on the individual voluntarily complying and have limited enforcement powers. (Reitze, 2005)
The Federal Water Pollution Control Act (FWPCA) (P.L. 80-845, 62 Stat. 1155) of 1948 was the first major law enacted by Congress to address the problems of water pollution in the United States (n.d). Legislators created over 100 bills in an attempt to pass legislation over the previous half century, but were not successful. Industrial and urban growth caused by World War II in 1948, led to obvious, notorious pollution of the country's rivers, streams, and lakes, urging Congress to finally address the issue. Unfortunately, the act was not designed well enough to achieve the goals set out to address the issue. It did not ban pollution, only gave limited power to the federal government, and provided an extremely awkward enforcement mechanism. The Federal Water Pollution Control Act was not successful in preventing and reducing water pollution. Pollution continued to increase because of the federal government's inability to require any direct reduction in discharges. As a result, the quality of the nation's waters had no improvement. On the other hand, the act established a popular and political support for pollution control efforts. Congress rewrote the act in 1972 to provide more acceptable protection for the nation's waters. It also established the basic agenda for water pollution control, which was amended by Congress afterwards. Congress made changes to the act six times before rewriting it in 1972.
In connection with both projects, Itchee will need to ensure compliance with the Clean Air Act because of the increased emission of particulate matter. Particulate matter is a criteria pollutant under the Clean Air Act. The Clean Air Act defined 6 criteria pollutants as indicators of nationwide air quality. Each criteria air pollutant has a maximum concentration limit set by the Clean Air Act, above which dangers to human health are present. These maximum concentration limits are called national ambient air quality standards, or NAAQS for short. Ambient air is the outside air, as opposed to indoor air.
Although the United States passed the Clean Air Act in 1970, but also have half of Americans breathe dirty air (CBSNEWS,2014). The American Lung Association will release an air pollution report every year, which named the State of the Air. According to the report, although the air quality has despite the gradual increase but also have 166 million people breathe polluted air in the United States (lung.org, 2016).
Air, is one of the most substantial source to mankind and our planet. While it exists, so does everything else along. However, in today’s epidemic, there has been certain factors that have increased in understanding whether the air we breathe today is healthy or not? Is it doing more harm than we thought? In other words, the health risks against air pollution have risen in the past few decades; all from what you may ask? Well, it could be for various factors and evaluations; either environmental or materialistic. Pollution is a major public health crisis in the world. (Friis, 2012). This is one of the conflicts that contribute to various aspects of an individual’s life, whether they may realize it or not. In this paper will include the sources that cause pollution with the effects it cause as well as policies on the regulation of air pollution.