SPEA 424 Exam 1

Has the Clean Water Act been effective?

Costs and benefits: EPA (1990): Annual costs of $42.4B. Freeman (1982): Annual benefits range from $9.1B to $44.3; with most likely estimate of $22.6B. Carson and Mitchell (1983): Annual benefits from $29B to $54B, with $35B as most likely.

Focusing events

1969: Oil spill in Santa Barbara 1969: Cleveland's Cuyahoga River catches fire (again).

Policy on lead in our drinking water

1991 Lead and Copper Rule v. 2021 Lead and Copper Rule. Senate infrastructure bill passed in 2021 contains $15 billion to replace lead service lines. Estimates place need as high as $60 billion.

What are PFAs and how do they get into drinking water?

A class of about 4,700 man-made chemicals known as per- and polyfluoroalkyl substances, or PFAS. Nicknamed "forever chemicals." Widely used for their nonstick and water-resistant properties in consumer products, including stain- and water-repellent fabrics, nonstick products (e.g., Teflon), polishes, waxes, paints, cleaning products and fire-fighting foams. Get in drinking water through localized contamination, typically associated with a specific facility (e.g., manufacturer, landfill, wastewater treatment plant, firefighter training facility, and military bases where firefighting training occurs). One estimate suggests that 1,500 drinking water systems may be contaminated, affecting up to 110 million Americans.

Air Pollution Control before 1970

Air pollution control mostly in the hands of state and local governments. Federal legislation: 1955 Air Pollution Control Act provided research and technical assistance to state air pollution control programs. 1960 Air Quality Act and 1963 Clean Air Act encouraged states to voluntarily establish standards and to create plans to achieve them. 1965 Motor Vehicle Air Pollution Control Act empowered and later directed federal government to create automobile emissions standards, enforceable, except in California. 1967 Air Quality Act created new federal agency, the National Air Pollution Control Administration (NAPCA) to establish criteria for stationary sources; states then to create plans based on federal criteria.

Clean Air Act - NAAQS

Air quality standards: National Ambient Air Quality Standards (NAAQS): EPA to set maximum permissible ambient air concentrations for six "criteria" pollutants: CO, Lead, NOx, Ozone, PM10, and SO2. Typically measured as average or maximum over a set period of time. An example, current standard for ozone is 70 parts per billion over 8-hours. "Primary standards" to protect human health; and "Secondary standards," if necessary, to protect public welfare (e.g., aesthetics, damage to buildings, agriculture, forests). Uniform across country, but states can set higher standards. EPA to set at levels that would "provide an adequate margin of safety...to protect human health." Assumes that one can properly identify safe level. Compliance costs cannot be considered. Must be met by 1975. States given job to figure out how to meet standards through State Implementation Plans (SIPs). Failure to comply can result in states losing highway and transportation funding.

Clean Air Act - Air Toxics

Air toxics: EPA Administrator given discretion to identify and determine standards for hazardous air pollutants (HAPs): Congress defined a "hazardous air pollutant" as an air pollutant that "may cause, or contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. EPA to determine standards on pollutant-by-pollutant and sector-by-sector basis. Implementation slow: EPA only issued standards for asbestos, beryllium, mercury, and vinyl chloride because compelled by legal action by the Environmental Defense Fund. 1990 amendments to CAA named and tightened standards for 187 hazardous air pollutants. Eliminated EPA discretion for identifying HAPS. Directed EPA to set "maximum available control technology" for major industrial facilities.

SO2 Allowance Trading Program (cntd)

Allowances - each year firms allocated allowances from government; each allowance permits 1 ton of SO2 emissions in that (or a future year). EPA holds back 2.8% of allowances each year, which get auctioned off, with revenue returned proportionately to firms. Generating units required to install continuous emissions monitoring equipment. At the end of each year, unit must redeem allowances to EPA in an amount to cover that year's emissions. Failure to redeem permits results in large financial penalty. Excess permits can be sold or banked for use in a future year. Owners of generating units can determine with pretty much carte blanche their own mix of emissions reductions and allowance transactions. Cap and trade means that not all units have to reduce emissions. No restrictions on trades, including who can buy or sell allowances.

Important Distinctions to Remember

Ambient air quality v. source pollution Stationary sources (e.g., power plants, factories) v. mobile sources (e.g., cars, trucks) New (i.e., post-1970) v. existing sources (i.e. pre-1970) Traditional ("criteria") v. hazardous (toxic) pollutants

Clean Air Act - Acid Rain Program

As part of 1990 CAA Amendments: Congress created new requirements to reduce concentrations of SO2 and NOx to address acid rain. Created an SO2 emissions cap and trade market. Tightened automobile emissions for NOx and hydrocarbons. Required used of reformulated gasoline in cities with bad smog problems. Allowed states to apply California standards instead of less stringent federal standards. About 15 states have adopted at least one California standard.

Recent Developments regarding automobile pollution

As part of negotiated agreement, midterm review of standards required. On January 12, 2017, the EPA concluded that the MY 2022-2025 standards remained feasible, practical and appropriate and that a new rulemaking to change them was not warranted. On March 15, 2017, after President Trump took office, EPA and NHTSA announced they would reconsider the EPA's prior conclusion, and on April 2, 2018, the EPA revised its determination, stating that the MY 2022-2025 standards are "not appropriate and, therefore, should be revised." In August 2018, NHTSA and EPA proposed new standards, lowering target from 54.5 miles per gallon to 37 miles per gallon by 2025. Meanwhile, in July 2019, California negotiated a voluntary agreement with Ford, Honda, BMW, and Volkswagen to reach 51 miles per gallon by 2026. In March 2020, NHTSA and EPA finalized new standard: lowered 5% annual increase in fuel economy to about 1.5% annual increase. In August 2021, President Biden announces return to Obama-era standards with an extension to 2026 (standard of 52 mpg) and signed an executive order that calls for 50% of all vehicles sold in the United States be electric by 2030. [Currently at about 3%.] New rules for model years 2024-2026 finalized in March 2022. Rules for models years 2027 under development.

Cars, Pollution, and Fuel Economy

Authority is shared between National Highway Traffic Safety Administration (NHTSA) and EPA. NHTSA authorized by Energy Policy and Conservation Act of 1975 and Energy Independence and Security Act of 2007 to set "Corporate Average Fuel Economy (CAFE) standards. These are fleetwide standards, implemented separately for cars and trucks for each model year for each automaker, EPA has authority under Clean Air Act to regulate pollution from mobile sources, including greenhouse gas (GHG) emissions per Massachusetts v. EPA (2007 Supreme Court case).

First Earth Day

April 22, 1970 20 million participants across the country

TSCA Reform in Congress

BIPARTISAN effort to reform TSCA, led by Sen. Vitter (R-LA) and Tom Udall (D-NM) Also supported by most in chemical industry and some environmental groups (most notably, the Environmental Defense Fund). Among the provisions of proposed bill: EPA to determine a chemicals' risk based only on scientific evidence of its health impact, not the cost of regulating. The agency would also no longer need to use the "least burdensome" method of regulation. For new chemicals, the bill would, in most cases, shift the burden to industry to show that their substances aren't unreasonably risky. EPA would be required to assess existing substances that pose the greatest concern, starting with 25 in the first 7 years.

What is next for policy regarding gas powered cars?

Biden signed an Executive Order setting target of 50% of all vehicles sold in the United States be electric by 2030. Can we get there with tax incentives alone? On August 25, 2022, California adopted rules that would ban the sale of new gasoline powered cars and light trucks by 2035. Washington says it will follow suit, and Massachusetts and Virginia have "trigger" laws designed to automatically follow California.

Overall Approach of CAA

CAA characterized by command and control regulatory approach: Direct controls on air pollution sources. Regulation by standard setting, monitoring, and enforcement. Statutes defined the problem by specifying pollutants. Many technology-based standards, which were to vary by industry, often with no or little consideration of compliance costs. Strict statutory deadlines, with punitive actions for noncompliance. Citizen engagement - provided legal standing for citizens, enabling them (or groups representing them) to sue polluters for noncompliance and EPA for failing to carry out laws.

Realities of Clean Air Act

CAA set ambitious, but often unrealistic goals. EPA missed most deadlines, and many deadlines set for polluters were extended by subsequent legislative amendments. Little recognition (or sensitivity) to immense scientific and administrative burden put on the EPA. EPA was a fledgling agency, ill-equipped to handle workload. Industry fought regulations. Auto sector and energy companies, in particular, requested extensions; litigated many new rules in court.

California Waiver

California waiver: Clean Air Act preempts states from adopting their own emission standards for new motor vehicles, with one exception: The [EPA] Administrator shall, after notice and opportunity for public hearing, waive application of this section [the preemption of State emission standards] to any State which has adopted standards (other than crankcase emission standards) for the control of emissions from new motor vehicles or new motor vehicle engines prior to March 30, 1966, if the State determines that the State standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards. California must ask EPA for waivers, which the EPA has almost always granted. Applied only to California, but in 1990 Clean Air Act Amendments, other states allowed to adopt California standards too. Policies on CAFE (Corporate Average Fuel Economy) standards and GHG emissions restrictions have become merged for cars and trucks. California received an EPA waiver in 2009 to regulate GHG emissions. California, EPA, NHTSA, and major automakers negotiated an agreement to raise standards for model years 2017-2025. About 5% increase in annual fuel economy.

Health effects of PFAS?

Certain PFAS can accumulate and stay in the human body for long periods of time. Studies indicate that PFOA and PFOS can cause reproductive and developmental harm, liver and kidney effects, and immunological effects in laboratory animals. Both chemicals have caused tumors in animals. The most consistent findings are increased cholesterol levels among exposed populations, with more limited findings related to: low infant birth weights, effects on the immune system, cancer (for PFOA), and thyroid hormone disruption (for PFOS).

Health effects of lead.

Children: Behavior and learning problems Lower IQ and hyperactivity Slowed growth Hearing problems Anemia Pregnant Women: Reduced growth of the fetus Premature birth Adults: Cardiovascular effects, increased blood pressure and incidence of hypertension Decreased kidney function Reproductive problems (in both men and women)

Wetlands policy development

Clean Water Act (Section 404): Prohibits dredging or depositing of fill in "navigable waters" without a permit from the U.S. Army Corps of Engineers (USACE). "Navigable waters" defined in Act as "waters of the United States." Army Corps' interpretation of mandate: Historically, agency viewed jurisdiction as limited to "navigable waters"; based on 1899 Rivers & Harbors Act. "those waters of the United States which are subject to the ebb and flow of the tide, and/or presently, or have been in the past, or may be in the future, susceptible for use for purposes of interstate or foreign commerce." Army Corps gave "navigable waters" same definition under CWA. NRDC v. Callaway (1975) U.S. District Court invalidates Army Corps' interpretation of "waters of the United States" as (too) limited to navigable waters. Army Corps expands definition of "waters of the United States" in response to ruling. United States v. Riverside Bayview Homes (1985). Found Army Corps' definition "reasonable interpretation" using Chevron deference. Decision applied to adjacent wetlands only Ruling did not apply to isolated wetlands. Isolated wetlands? Not covered by Riverside Bayview Homes decision. Army Corps issued "Migratory Bird Rule" (guidance not regulation) to clarify its view of its jurisdiction. Supreme Court in SWANCC v. U.S. Army Corps (2001) found that rule exceeded what had been authorized by Congress. Chevron deference test, again, but this time found that Migratory Bird Rule went beyond what was authorized by Congress. Rapanos v. United States (2006). Question centered on wetlands adjacent to nonnavigable tributaries of traditional navigable waters. Split decision: 4-4-1; Justice Kennedy proposed "significant nexus" test: Decided that intermittent streams, and isolated wetlands with a "significant nexus" to "navigable waters" are covered under CWA, but it did not define this term, leaving considerable confusion.

Important takeaways from Clean Water Act

Clean Water Act takes different approach to water pollution, depending on the type of source - point v. nonpoint. In general, the Clean Water Act prioritizes technology standards, instead of ambient standards. Significant problems remain to improve water quality, largely due to exemption given to agriculture.

Toxic Algae bloom in Lake Erie

Contaminated public water supply. Residents of Toledo, Ohio and surrounding communities could not drink their tap water for several days. Affected 500,000 people. 3 key reasons: Phosphorous (from chemical fertilizers, livestock manure) Invasive zebra mussels eat algae, but not Microcystis. Frequency and intensity of storms from climate change.

Types of Water Pollutants

Conventional: total suspended solids, waterborne pathogens (bacteria, fecal coliform). Nonconventional: total organic carbon, nitrogen, phosphorous. Toxics: heavy metals (mercury, lead, etc.), synthetic chemicals (PCBs, pesticides, solvents, etc.).

What is the logic of disclosure initiatives?

Correct a market failure of imperfect information - government collects and disseminates information that otherwise would be too costly and/or unavailable to all affected parties. Lowers transaction costs for those interested in influencing firms' environmental performance. Normative argument: people have a "right-to-know." Might result in: Shaming polluters into reducing their emissions through revelation of their pollution. Changing behavior in the market due to full information.

SO2 Allowance Trading Program

Created as part of 1990 Clean Air Act Amendments to address acid rain problem (Title IV). Acid rain created when SO2 and NOx react in atmosphere, forming sulfuric and nitric acids, which then fall to the ground; subject to long-range transport, so deposition can occur 100s miles from original source. Most of environmental damage is to forests and aquatic life. Acid rain was a highly-salient environmental issue throughout the 1980s, causing serious regional strife between Midwestern and Northeastern states and the United States and Canada. Cap set on SO2 emissions from electric generating units - approximately 9 million tons per year, beginning in 2000 (roughly 10 million tons per year below 1980 levels). Program was to be implemented in 2 phases: Phase I: 110 generating plants (261 generating units generally thought to be the "dirtiest") had to reduce their emissions by about 3.5 million tons per year, starting in 1995. Phase II: Beginning in 2000, almost all fossil-fuel burning generating plants became subject to cap on annual emissions.

The Environmental Era (~1968-present)

Creation of full-scale policy advocacy organizations; Expansion of dues-paying membership; More legal-scientific focus. More focus on pollution and health risks. Groups: Environmental Defense Fund, Natural Resources Defense Council, Friends of the Earth, League of Conservation Voters, Greenpeace

NAAQS: Attainment v. Non-Attainment

EPA annually determines for each county in the United States if they are achieving NAAQS. Current designations. 1977 amendments to CAA addressed an unanticipated problem, creating "prevention of significant deterioration" program. Sierra Club v. Ruckelshaus (1972): SIPs also had to include measures to prevent the worsening of air quality in areas already meeting NAAQS. New or modified sources had to get a permit, meet strict technology standards set on a source-by-source basis, and get "offsets" from another source. Stricter technology standards for new and existing sources.

Safe Drinking Water Act (1974) - Main provisions

EPA directed to establish national standards for drinking water for chemical and microbial contaminants. Maximum contaminant level goal (MCLG): level that protects public health from any adverse health effect (set with a margin of safety). Maximum contaminant level (MCL): minimum standard to be achieved by drinking water systems; these are enforceable and set as close to MCLG as possible taking into account available technology and cost. EPA also must provide guidance on best treatment technologies to achieve standards. ~90 contaminants regulated in drinking water.

Resource Conservation and Recovery Act (1976) - Subtitle C Provisions

EPA must define hazardous wastes: Congress included general definition in statute: waste that "pose a substantial present or potential hazard to human health or the environment." Tough challenge for EPA: In late 1970s, over 50,000 chemicals in commerce in U.S. Information on toxicity of these chemicals, however, was limited. If it had known more, EPA could have approached this problem with chemical-by-chemical analysis, considering environmental harm associated with disposal methods (e.g., landfill, incineration). EPA considers wastes as hazardous if: They test positive for toxicity, corrosivity, ignitability, or reactivity, or the agency lists a substance as hazardous. Currently, about 600 substances meet this definition. Exclusions: Does not include wastewater (regulated by CWA), mining wastes, some wastes from production of fossil fuels, recycled wastes, and household wastes (paints, batteries, etc.).

Resource Conservation and Recovery Act (1976) - Subtitle C Provisions (cntd)

EPA put in place "cradle-to-grave" regulatory system (modeled after existing California program). Generators must track hazardous waste from the time of creation to disposal (on-site or off-site), including all transporting. Waste must be accompanied by a manifest when transported "off-site" for treatment, recycling, storage, or disposal - copy of manifest must be sent to generator and state authorities. Applied to large quantity generators only (in 2019, about 22,000 such facilities. At time law was passed, there were an estimated 760,000 entities generating over 60 million annual tons of hazardous waste, BUT, just about 5% of the entities produced about 98% of the waste. Significant departure from CAA and CWA ("end-of-pipe" pollution control). EPA required to develop standards for hazardous waste treatment, storage, and disposal (TSD) facilities. Required TSD operators to employ technologies for landfill disposal "as may be necessary to protect human health." Other types of disposal include underground injection, surface impoundments, and land treatment. Established permit system to enforce these standards.

Clean Water Act - point sources

EPA to set technology-based effluent standards to define maximum quantities of pollutants allowed to be discharged by point sources. Uniform across industries, not plant-by-plant determinations. EPA had 1 year to determine effluent limits for each industry. Technology standards to be based on: Best practicable control technology as of 1977; and Best available technology by 1983. New sources had to meet best available technology immediately. Do not depend on quality of receiving waterbody. Creation of National Pollutant Discharge Elimination System (NPDES) permit system: All facilities discharging pollutants into U.S. waterways required to have a government-issued permit. Initial responsibility to EPA, but agency could delegate to approved states. Deadline for implementation: 1974. Currently about 6,700 "major" NPDES permit holders, about 2/3 of which are municipal wastewater treatment plants. About 200,000 sources in total regulated by NPDES.

Emergency Planning and Community Right to Know Act (EPCRA)

Enacted as part of 1986 Superfund Amendments. Sections 311 and 312 require businesses to report the locations and quantities of chemicals stored on-site to state and local government. Aim is to help communities prepare to respond to chemical spills and similar emergencies. Section 313 created Toxics Release Inventory or TRI. Requires EPA and the states to collect data on annual releases of toxic chemicals from industrial facilities, and make the data available to the public.

What is Chevron deference?

Established scope of agency discretion according to the U.S. Supreme Court. Chevron U.S.A. v. Natural Resources Defense Council (1984). Two-part test for considering agency regulation. Did Congress consider the issue in plain language of the statute? If no, was agency interpretation reasonable (i.e., a "permissible construction" of the statute)?

Toxic Substances and Control Act (1976) - Original Provisions

Existing chemicals: EPA can go through regulatory rulemaking to test substances. Laborious, and costly process. Newly-introduced chemicals: manufacturing firm must provide information about the substance, including any known toxicity. EPA uses this and other information to determine if chemical poses an "unreasonable risk." Agency has 90 days to do this, and Must consider costs when making decision about what to do. If the EPA finds that the chemical poses an "unreasonable risk", it must use the "least burdensome" method of regulation. Typically, the EPA: Refers to another program to be sure that exposure is controlled; or Establishes new controls, such as labeling requirements, workplace and safety precautions (outright bans are rare). In practice, most control regimes are determined through negotiated agreements with firms.

Clean Water Act Amendments - 1977 and 1987

Extended deadlines: For plants discharging non-toxic pollutants, delayed compliance deadline from 1977 to 1979 (1977). Moved deadline for toxic pollutants to 1984: EPA to determine "best available technology" for 65 pollutants discharged by 21 industries (1977) Extended secondary treatment deadline for MWTPs to 1988, and eliminated more advanced treatment required (1977) Further postponed deadline for compliance with effluent standards by individual dischargers (1987) More money: $25 billion additional in federal grants for MWTPs (1977) Authorized additional funds for construction of municipal sewage treatment facilities, but ended program in 1991 (replaced with a loan program) (1987)

Tradable Permits - Geographical Considerations

For some types of pollution (e.g. CO2), location of emissions is not important. For other types of pollution, (e.g., particulates, ozone precursors, carbon monoxide, mercury), location matters a lot! May produce pollution "hot spots." A tax system could deal with this by charging higher fees in areas where pollution is a bigger concern.

Clean Water Act (1972) v. Clean Air Act (1970)

Four key similarities: Industrial polluters were to blame for the problems, and citizens were the innocent victims. Skeptical about corporations' willingness and government bureaucrats' ability to address pollution. Each law included "technology-forcing" provisions. (Overly) ambitious timelines to reach goals. Three key differences: Congress largely rejected ambient environmental quality as the basis for standard-setting in favor of technology-based limits on dischargers. Congress created a national permit program to be sure that effluent limits applied to all point source dischargers. Clean Water Act included a lot of financial assistance to accelerate the construction of sewage treatment facilities.

Limitations of Command and Control

Fragments problems by media (i.e., air, water, waste). Separate laws and institutional structures. Rigid, "one-size-fits- all" solutions (e.g., technology requirements) Encourages litigation. Discourages going "beyond compliance." Discourages technological innovation. Frequently does not promote balancing of costs and benefits.

Postwar Bridge to Environmentalism (~1946-1967)

Further nationalization of issue focus; Shift to pollution (chemical effects on wildlife); Centralization and professionalization; Aimed to influence from outside government. Groups: Conservation Foundation, Nature Conservancy, Defenders of Wildlife, World Wildlife Fund

Administrative discretion and the CWA.

Gardner, Lawyers, Swamps, and Money (page 23) "While both the EPA and the [U.S. Army] Corps were authorized to issue Clean Water Act permits under sections 402 and 404, respectively, the Clean Water Act itself did not precisely spell out what waters would be covered, what activities would be regulated, or what permitting standards would apply. It would be up to the agencies to promulgate rules to provide these details."

Tradable Permits

Government begins by setting the desired level of emissions. Similar to command and control policies, the government maintains control over the final amount of pollution. Cap can be ratcheted down over time. Firms are allocated permits to emit pollutants, often called "allowances." Only the desired number of permits (i.e., desired amount of pollution) is issued. For example, if goal is 1000 tons of emissions, government may give 100 firms permits for 10 tons each). Firms can buy and sell permits. Firms with higher marginal abatement costs (MAC) will be willing to buy permits from firms with lower MAC. Conversely, firms with lower MAC will be willing to sell permits to firms with higher MAC. Trading should assure that MAC is equalized across firms. Thus, permit trading allows a given level of pollution control to be achieved for the least possible cost. Economists consider this least-cost solution to be efficient.

Health Effects of Various Air Pollutants

Ground-level ozone Respiratory problems, asthma Particulate matter Eye and throat irritation, bronchitis, lung damage, impaired visibility Carbon monoxide Harms ability of blood to carry oxygen, cardiovascular disruption Sulfur dioxide Respiratory problems; damage to lung tissue Nitrogen Oxides (NOx) Respiratory problems; damage to lung tissue Lead Brain damage, especially in children Asbestos Lung disease and cancer Mercury Brain damage, loss of fine motor and visual spatial skills Benzene Leukemia Vinyl chloride Lung and liver cancer Acute exposures can lead to fatalities, but most health effects are associated with chronic exposure (low concentrations over long periods of time).

Reasons for Federal intervention

Growing policy demands from public. Widely-held perception that environmental problems were a crisis. Belief that Congress could solve problems through legislation. States commitment to environmental protection was largely inadequate, and varied considerably across the country. States reticent to act due to fears about job loss and harming their economic competitiveness. States unwilling to take on interstate pollution spillovers. Consensus that American industry had the ability to control pollution, but was unwilling to do so unless forced by the federal government. Electoral politics: Republican President Nixon, Democratic Senator Muskie, and others battled to be more "pro-environment."

Why do we care about wetlands?

Habitat for fish, water fowl, and other wildlife. Many ecosystem services: Many commercial fishing species use wetlands. Improve water quality by removing nutrients (nitrogen and phosphorous) and some toxic chemicals. Stormwater management and flood control. Recreation.

Water Contaminants

Health effects of various water pollutants. Microorganisms (e.g., E. Coli, Cryptosporidium) Gastrointestinal illness (e.g., diarrhea, vomiting, cramps) Disinfectants (e.g., chlorine) Eye/nose irritation; stomach discomfort Disinfectant byproducts (e.g., bromate, chlorite) Anemia; liver, kidney or central nervous system problems; increased risk of cancer Inorganic chemicals (e.g., arsenic, beryllium, mercury, fluoride, lead) Skin damage, circulatory system problems, cancer, bone disease Organic chemicals (benzene, PCBs, vinyl chloride Anemia; immune deficiencies; reproductive or nervous system difficulties; cancer In addition to human health effects (mostly from contaminated drinking water), impacts to aquatic life and water quality.

What policy could help further EV purchasing?

Historically, we have used tax credits (i.e., subsidies) to encourage people to buy EVs. Generally, tax credit up to $7500, but limited by model, size of battery, and a person's federal tax liability. Bipartisan Infrastructure Framework (November 2021): Included new federal spending program called National Electric Vehicle Infrastructure (NEVI). At a cost of $7.5 billion, goal is to build out 500,000 EV charging stations. $5 billion in "formula" grants and $2.5 billion in "competitive" grants. Inflation Reduction Act (August 2022): Federal tax credit for EVs stays at $7,500; available for ten years. Eliminates tax credit cap for automakers after they hit 200,000 EVs sold; this makes GM, Tesla, and Toyota once again eligible. Tax credit implemented at the point of sale instead of on end of year taxes New federal tax credit of $4,000 for used EVs priced below $25k. Revised tax credit applies to EVs with an MSRP below $55k The federal EV tax credit will be available to individuals reporting adjusted gross incomes of $150,000 or less, or $300,000 for joint filers. BUT, for models to be eligible for the full credit, the EV must be assembled in North America, the majority of battery components need to come from North America and, a certain percentage of "critical minerals" must come form North America or countries with free trade agreements with the US.

What is the Major Questions Doctrine?

In recent years, conservative members of the Supreme Court have begun to further limit agency discretion through the "major questions doctrine." Basic argument: an agency cannot promulgate regulations that are of "vast economic and political significance" in cases where Congress has not explicitly granted such authority. Supreme Court has used this doctrine to overturn parts of Affordable Care Act, the federal ban on evictions and the vaccine mandate for large employers during pandemic AND EPA ability to broadly regulate greenhouse gas emissions from the electricity sector.

Preservation Movement: Social and political elites (writers and artists) in mid to late 19th century began to argue that it was necessary to PRESERVE the grand scenery and natural features of the unspoiled western landscape; "romanticization" of nature.

Influential thinkers: Henry David Thoreau, Ralph Waldo Emerson, John Muir, (and later Aldo Leopold). Objective is to set aside public land in perpetuity. First national park created: Yosemite National Park (1890)

Conservation Movement: An elite movement in the late 19th century that reacted to extensive deforestation by calling for government to use bureaucratic power to MORE SUSTAINABLY manage resources for exploitation.

Influential thinkers: Teddy Roosevelt; Gifford Pinchot, John Wesley Powell. Objective is to set aside public land for responsible resource extraction ("sustainable yield"). Forest Reserves Act (1891): 17.5 million acres of forest given protected status; origin of the US National Forest System. Organic Act (1897): created forest reserve systems "to improve and protect the forest within the reservation,... securing favorable conditions of water flows, and to furnish a continuous supply of timber for the use and necessities of citizens of the United States."

Tradable Permits - Implementation

Initial allocation of permits? Equal distribution among firms. May seem fairer, but what if firms are of different sizes. Auction permits to highest bidder. At least initially, additional trading shouldn't be needed, as permits go to firms willing to pay the most. Raises revenue for the government. Historical emissions rates (more permits to bigger polluters). For example, if want to reduce pollution by 10%, give each firm permits equal to 90% of their current emissions. But, this may penalize early actors. Should firms that have already reduced get fewer permits?

Idea of environmental justice

Is this a problem? Policy effectiveness Normative concern Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. This goal will be achieved when everyone enjoys: The same degree of protection from environmental and health hazards, and Equal access to the decision-making process to have a healthy environment in which to live, learn, and work.

Clean Air Act (1970)

Key goal: Protect and enhance the quality of the Nation's air resources so as to promote the public health and welfare and the productive capacity of its population. Complicated law; we will focus on four key parts: National Ambient Air Quality Standards Standards for stationary sources (think power plants, refineries, factories, etc.) Approach to toxic or hazardous air pollutants. Standards for cars and trucks.

Market Based Approaches to Air Pollution Control

Market-based approaches equalize the marginal costs that polluters spend to reduce pollution. Command-and-control regulations equalize pollution levels among firms through emission limits or technology standards. Primary theoretical advantages: Cost effectiveness. Create incentives for technological innovation and diffusion.

The Case of Coal Ash (cntd)

May 2010: EPA announces its intention to regulate coal ash. Rule simultaneously considering two options: regulation under RCRA Subtitle C (i.e., hazardous waste) or RCRA Subtitle D (i.e. solid waste). In December 2014, EPA decided to regulate as solid waste. Required better on-site storage for new and existing sites. Required periodic monitoring of groundwater. No federal enforcement, job left to state agencies and lawsuits from public. Utilities must make disposal plans public. EPA revised the 2014 rule to limit groundwater monitoring requirements and weaken other aspects of the rule.

Clean Air Act - Cars and Trucks

Mobile sources: standards written into statute. "The Administrator shall by regulation prescribe . . . standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which . . . cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare." (Section 202). National standards, so as to avoid patchwork of state standards. 90% reduction in CO and VOCs (from 1970 levels) by 1975. 90% reduction in NOx (from 1971 levels) by 1976. "Technology-forcing" regulation: Congress knew that technology did not yet exist to meet these standards. California waiver.

Comprehensive Environmental Response, Compensation and Liability Act (1980)

More commonly referred to as Superfund. Authorized the EPA to locate, investigate, and respond to land-based spills and other threatened or actual uncontrolled releases of hazardous substances (excluding oil spills and radioactive wastes). Enacted in lame-duck session of Congress in December 1980, largely in response to Love Canal.

What was the result of federal intervention?

National Environmental Policy Act (NEPA) (1969) Endangered Species Act (ESA)(1973) Clean Air Act (CAA) (1970) Safe Drinking Water Act (SDWA) (1974) Occupational Safety and Health Act (OSHA) (1970) Resource Conservation and Recovery Act (RCRA) (1976) Clean Water Act (CWA) (1972) Toxic Substances Control Act (TSCA) (1976) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (1972) Surface Mining Control and Reclamation Act (1977) Marine Protection, Research, and Sanctuaries Act (1972) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (1980)

Superfund - National Priorities List.

National Priorities List (NPL): As of September 16, 2022, there are 1,334 sites on the current NPL (39 more proposed sites; 452 deleted sites) Sites determined in part by risks posed, and in part by politics. Approximately 50,000 contaminated sites have been catalogued by EPA. NPL is a function of demand, not supply.

Interwar Period (~1910-1945)

Nationalization of issue focus (groups often formed in Washington D.C.; Close alliances with federal government; Foster ethos of outdoor recreation; Aimed to influence from WITHIN government. Groups: National Parks Conservation Association; Izaak Walton League; Wilderness Society; National Wildlife Federation; Ducks Unlimited.

Clean Air Act - Stationary Sources

New stationary sources: New Source Performance Standards (NSPS): EPA to set technology-based standards on an industry-by-industry basis (e.g., oil refineries, power plants, cement plants) based on "best available control technology." To be implemented throughout the country, regardless of local air quality. Costs of implementation can be considered - must be affordable. To be met by 1975. An example: petroleum refineries. Existing stationary sources: emissions standards to be determined by states as part of State Implementation Plans. 1997 Amendments addressed another unanticipated problem: firms deciding to extend the life of existing plants, instead of building new ones. "New Source Review": New Source Performance Standards now apply to substantially modified plants (changes beyond "routine maintenance.")

Clean Water Act - Nonpoint sources

Nonpoint source pollution (agricultural runoff, stormwater overflows, land disposal of waste) not aggressively addressed, despite being larger source of discharges. Section 208 of law authorized regional water quality planning programs to "identify" and "control" nonpoint source pollution from agricultural and construction activities. Required (Section 319) states to design and implement programs to control nonpoint source water pollution. States to use "best management practices and measures", which can include regulation, education, and financial assistance. Plans must be approved by EPA. Federal grant support provided.

Some reasons for failures of CWA?

Nonpoint source pollution still a huge problem. Uneven success of state programs. Discharger compliance still a problem: In an average year, about 30-40% of major NPDES permit facilities are in noncompliance in at least in a year; 20-25% in significant noncompliance. Implementation of TMDLs has been slow. Difficult (technically and politically) to allocate pollution loads among sources.

The WOTUS Rule

Obama Administration released report in Fall 2013 that provided scientific rationale for a broad definition of significant nexus, which was an initial step toward a new regulation. And, EPA/USACE proposed a rule in April 2014 that defined "waters of the United States." Very strong opposition resulted, particularly from agriculture industry. "Ditch the rule." Rule finalized in May 2015. 6th Circuit Court of Appeals issued a nationwide, temporary "stay" or injunction in October 2015. On November 3, 2015, there were two votes in the U.S. Congress on the WOTUS rule, and a veto threat from President Obama. S.1140 Federal Water Quality Protection Act. Debate on Senate floor. Vote failed: 57-41 (cloture vote to end filibuster) All Republicans voted in favor, along with 4 Democrats: Heidi Heitkamp (ND), Joe Manchin (WV), Claire McCaskill (MO), and Joe Donnelly (IN). Congressional Review Act resolution. Vote passed 55-43. All Republicans, but Susan Collins (ME) voted in favor, along with 3 Democrats: Heidi Heitkamp (ND), Joe Manchin (WV), and Joe Donnelly (IN). Legal action on Obama-era WOTUS rule never resolved. Chevron deference was to be key test. Case got held up on a question of the appropriate venue. Would eventually have gone to Supreme Court, but became moot.... EPA in June 2017 proposed new rule to rescind WOTUS rule, which was finalized on September 12, 2019. EPA in December 2018, proposed replacement rule called the Navigable Waters Protection Rule, which was finalized in April 2020. Comparison between Obama and Trump rules. In January 2021, Biden Administration announces it will review WOTUS rule. EPA and Army Corps persuaded courts to allow the Biden administration to develop a new definition, without immediately scrapping the Trump rule. But, on August 30, 2021, a federal court ruled that the Trump WOTUS rule was too flawed to keep: "The seriousness of the Agencies' errors in enacting the NWPR, the likelihood that the Agencies will alter the NWPR's definition of 'waters of the United States,' and the possibility of serious environmental harm if the NWPR remains in place upon remand, all weigh in favor of remand with vacatur," wrote Márquez, an Obama appointee. On November 18, 2021, the EPA announced it was a proposing to go back to pre-2015 definition of WOTUS.

Federal Insecticide, Fungicide, and Rodenticide Act (1972)

Overall objective: control use of pesticides (insecticides, herbicides, fungicides, bactericides, rodenticides) to protect applicators, consumers, and the environment. Provisions: Prohibits the use of pesticides unless they are registered with the EPA. New pesticides must be approved before they are used. 1972 Act required EPA to register all pesticides already in use; 1978 Amendments required consideration of active ingredients only. Following the review of a pesticide; EPA can ban (domestic only); or mandate restrictions to protect people that mix or apply pesticide. Become known as "restricted use products." Here's the list as of November 2020. EPA to use a standard of "unreasonable adverse effect," which allows the agency to weigh costs and benefits. Amended in 1996: Food Quality Protection Act. Mandated a single, health-based standard for all pesticides in all foods, but also provided special protections for infants and children. Required periodic re-evaluation of pesticide registrations and tolerances to ensure that the scientific data supporting pesticide registration are up to date. Eliminated applicability of "Delaney Clause" to pesticides. 1958 Amendment to FDCA: "the Secretary of the FDA shall not approve for use in food any chemical additive found to induce cancer in man, or, after tests, found to induce cancer in animals." Example of precautionary principle.

Toxic Substances and Control Act (1976) - Objectives

Overall objective: to better understand volume and potential harm associated with toxic substances. Two specific purposes: Develop information about the toxicity of substances; and If necessary, regulate toxic substances.

Types of Water pollution sources

Point sources: industrial dischargers, sewage treatment plants, stormwater discharges from conveyances, combined sewer overflows, concentrated animal feeding operations (CAFOs). Nonpoint sources: agricultural runoff, urban runoff, construction sites, mining.

Types of Market Based Approaches

Pollution taxes - fees place on the amount of pollution. Polluters will reduce emissions to the point where marginal abatement cost equals tax rate. Subsidies - government provides funds to encourage pollution reductions. Tradable permits - a pollution cap is set, and pollution allowances are allocated to polluters in form of permits.

Resource Conservation and Recovery Act (1976) - Subtitle D Provisions

Program to manage "solid" waste. Defined by Congress as "discarded" material; material could be solid, liquid or a contained gas. Primary goal: move from open dumps to "sanitary" landfills. Regulation specified construction and maintenance requirements for municipal landfills. Congress intended to maintain substantial state responsibility for solid waste problems. States responsible for planning, regulation, implementation, and enforcement. Federal government to provide financial support and some guidelines, which are intended to serve as a floor for state policy.

Window of Opportunity

Redefinition of problem - from nuisance to public health. Urgency escalated by growing public unease. Receptive and responsive political institutions.

NPL Remediation Process

Remedial Investigation Feasibility Study Remedy Selection (Record of Decision) Remedial Design Remedial Action

Safe Drinking Water Act - 1996 Amendments

Required a cost-benefit analysis when setting a new standard. Costs must be "justified" by benefits. This was intended to ease compliance burden of smaller water systems. Created Drinking Water State Revolving Fund to provide money for infrastructure or management improvements, or to help protect source water. EPA must describe best treatment technologies that are available and affordable "for public water systems of varying size, considering the quality of the source water to be treated." Required water systems to prepare and distribute annual reports to consumers ("Consumer Confidence Reports"), including detected contaminants, potential health effects, and water's source.

Superfund provisions (cntd)

Responsible parties pay for cleanups; identified through broad liability regime: Retroactive: responsible parties can be held liable for actions before the statute was enacted. Strict: responsible parties can be held liable for cleanup costs regardless of negligence. Joint and several: responsible party can be held liable for all of cleanup costs, even if other parties are liable as well, if the "harm" is not divisible. Responsible parties according to the statute: Present owner(s) and/or operators of the release site, even if they did not cause or contribute to the release; Prior owner(s) and or operators of the release site, if disposal of hazardous substances occurred during their period of ownership or operation; Generators of hazardous substances who arranged for the disposal of the substances at the site; and Transporters of hazardous substances if they were responsible for selecting the site.

Clean Water Act (1972) - Statutory Goals

Restore and maintain the chemical, physical, and biological integrity of the nation's waters. Elimination of all (point source) discharge of pollutants into navigable waters by 1985. Prohibit discharge of toxic pollutants in toxic amounts. Achievement of fishable and swimmable waters by 1983.

Does the CAA pass a cost benefit test?

Retrospective study of costs and benefits of first 20 years of CAA: Costs estimated at $500 billion. Benefits estimated at $22 trillion. Benefit-cost ratio: 44/1.

SDWA Lead and Copper Rule

Set in 1991, revised modestly in 2000 and 2007. Prior to 1991, MCL of 50 ppb; measured at entry point to the distribution system. 1991 standards MCLG = 0 (there is no safe level of lead exposure). MCL = based on a treatment technique: if lead concentrations exceed an action level of 15 ppb (or copper concentrations exceed an action level of 1.3 ppm) in more than 10% of customer taps sampled, the systems must use corrosion control. If 90th percentile value of all the samples exceeds 15 ppb, action must be taken. Unlike a traditional MCL, this means that some homes can exceed action level without the need for corrective action.

The modern environmental era

Shift from conservation to environmental protection in the 1960s and 1970s: Response to large societal changes in mid-20th Century: economic boom, suburbanization, chemical-intensive economy. Air, water, and land pollution come into focus, and particularly their linkage with public health. Environmentalism as a social movement, still led by elites, but with broad support from the mass public.

The Case of Coal Ash

Should coal ash be defined as hazardous waste? Also referred to as "coal combustion residuals." By-product of burning coal for electricity that is disposed in liquid form at large surface impoundments or in solid form in landfills. Includes contaminants like mercury, lead, cadmium, and arsenic, which are associated with cancer and various other serious health effects. Second most common waste in the country, after household waste. Also has beneficial uses: Encapsulation: binding coal ash into a product, mostly building materials such as such wallboard, concrete, roofing materials, and bricks.

Progressive Pioneers (~pre-1910)

Social and Political elites; Regional and local issue focus; Divided on preservation v. conservation. Groups: Sierra Club National Audubon Society

State Implementation Plans

State Implementation Plans -- state plans to achieve NAAQS: Set specific emissions limitations for individual sources; Establish timetables for compliance from these sources; Set up procedures to review new sources; Establish systems to monitor air quality; and Perform enforcement. State must demonstrate that it has statutory and administrative capacity to achieve federal air quality goals. EPA must review and approve state plans. If states fail, EPA can impose a federal implementation plan.

Water pollution control before 1972

States had primary responsibility for water pollution control. Federal legislation: 1948 Water Pollution Control Act encouraged states to control water pollution, and authorized federal research. 1956 Water Pollution Control Act Amendments encouraged states to set water quality criteria and provided money for construction of municipal sewage treatment facilities; created Federal Water Pollution Control Administration in HEW. 1965 Water Quality Act required states to establish and submit to the federal government for review quantitative water quality standards for all interstate waters and to develop implementation plans.

Air Pollution Problem

Statistics: 5th leading cause of death worldwide. Other estimates place deaths from air pollution as high as 7-8 million. In US, about 100,000 people die annually from air pollution (PNAS 2019) 40,000 fatalities from car accidents 33,000 deaths from guns. Economic damages: $886 billion (PNAS 2019)

Superfund - Provisions.

Statute provided procedures and resources for two type of cleanup activities: Removal actions: emergency or time-critical actions to deal with sites that pose immediate health risks; limited to $2 million. Remedial actions: long-term cleanups of mostly abandoned, contaminated sites; must first place site on National Priorities List. Two mechanisms for cleaning up sites: Trust Fund to address "orphan" sites, or sites where responsible parties are recalcitrant. Responsible parties pay for cleanups; identified through broad liability regime. Trust Fund Funded by taxes on petroleum, chemical feedstocks, and a general corporate environmental tax. Taxes expired in 1995, and were not reauthorized until the 2021 infrastructure bill passed by Congress. Superfund funded mostly with general revenues.

Clean Water Act - toxic pollutants

Statute stated that "the discharge of toxic pollutants in toxic amounts" was to be prohibited. EPA given 90 days to establish list of toxic water pollutants and to set health-based standards for controlling them - without regard to cost, technological feasibility, or economic impact. EPA to set pretreatment standards for industrial sources discharging directly into sewers (thereby, bypassing NPDES permit program).

Resource Conservation and Recovery Act (1976) - ObjectivesResource Conservation and Recovery Act (1976) - Objectives

Statutory goals: to set up program to address mounting solid and hazardous waste generation, and, specifically, to determine proper disposal methods. RCRA does not directly limit generation of solid or hazardous waste.

Environmental information disclosure.

Sunshine laws. Reporting behaviors with environmental impacts. Labeling requirements. "Positive": Energy Star, forest certification. "Negative": toxicity, average fuel economy, GHG auto labels.

Toxics Release Inventory (TRI)

TRI mandates reporting of toxic industrial emissions. Originally covered 300 chemicals, but has since been expanded to cover about 680 substances. Extensive reporting requirements: Maximum amount of chemicals on site. The number of pounds released, either on or off-site to different media (air, water, land). Information on whether releases are treated, recovered for energy, or recycled. Facilities originally covered by TRI: Manufacturing industries 10+ employees. Manufactures of 25,000+ pounds/year of chemicals Processors or 10,000+ pounds/year of chemicals. Currently: more than 20,000 facilities must report. TRI requires companies to report their activities, but does not require that they change their behavior.

What should be protected in the WOTUS?

The Clean Water Act does not provide clear definition of the "Waters of the United States." Creates policy confusion and conditions for politics to win out over science. Among the resources in question: Tributaries, intermittent streams, wetlands (adjacent and isolated).

Flint Task Force Report conclusion

The Flint water crisis is a story of government failure, intransigence, unpreparedness, delay, inaction, and environmental injustice. The Michigan Department of Environmental Quality (MDEQ) failed in its fundamental responsibility to effectively enforce drinking water regulations. The Michigan Department of Health and Human Services (MDHS) failed to adequately and promptly act to protect public health. Both agencies, but principally the MDEQ, stubbornly worked to discredit and dismiss others' attempts to bring the issues of unsafe water, lead contamination, and increased cases of Legionellosis (Legionnaire's disease) to light.

Marginal Abatement Costs

The cost of reducing one more unit of pollution

How does lead get into drinking water?

There are a number of ways that lead can enter drinking water. Older homes and pipes are more likely to contain, as lead has phased out over time for most uses in drinking water distribution. Lead leaches out of pipes and other components if the water is corrosive. Water systems add corrosion control chemicals that coat the pipes and prevent leaching. Unlike many other drinking water contaminants that result from pollution of a water source, water does not generally contain lead before it enters the system.

Current policy on PFAs in drinking water

There are currently no final Maximum Contaminant Levels (MCLs) established for PFAS chemicals. Many PFAS on "Contaminant Candidate List" since 2009. Several states have already moved to set stricter standards. EPA has established a 70-parts-per-trillion health advisory level. Non-regulatory, provide guidance on level at or below which adverse health effects are unanticipated. NIEHS says safe level should be closer to 0.1 parts per trillion.

Why are we hesitant to buy EV's?

Top 3 concerns according to a July 2022 survey from Consumer Reports: 61% of respondents said they were concerned with charging logistics, 55% said they would worry about the number of miles the vehicle can go before it needs to be charged; and 52% cited the costs involved with buying, owning and maintaining an EV.

Institutional reform and the creation of the EPA

U.S. Environmental Protection Agency Created in 1970 by President Nixon as part of an Executive Reorganization plan (not an act of Congress). Prior to the EPA, environmental protection functions scattered throughout federal bureaucracy (e.g., HEW, DOI, USDA). "Small" agency, with big regulatory punch. FY2022 budget: $9.6 billion FY2022 staffing level: About 15,300 employees

Clean Water Act - Wastewater treatment

Wastewater treatment: Pretreatment: screens to remove large objects. Primary: settling tanks to get rid of sediments and sludge. Secondary: usually microbes to remove biological content (human waste, food wastes, soaps, etc.) Tertiary: filtration, lagooning to remove nitrogen, phosphorous, etc. Disinfection: often chlorination, sometimes UV light. Municipal wastewater treatment plants: Must have secondary treatment in place by 1977 and more advanced treatment by 1983. Federal share of plant construction costs up to 75% ($18 billion over 3 years). One of the most controversial parts of the legislation because of the huge costs. Led President Nixon to veto the law.

Clean Water Act - state water quality standards

Water quality standards set by states (not EPA) according to designated use, to be updated every 3 years. Public water supply, swimming, fishing, boating, waste disposal, irrigation, etc. Designed as backstop to technology-based effluent standards. States determine allocation of pollutants among dischargers into a particular waterbody according to total maximum daily loads (TMDLs).

What are pollution disparities?

What do we mean by a "pollution disparity", and why do they occur? No single definition: Spatial distribution of polluting facilities Concentration of emissions Emissions from specific sources Health outcomes (e.g., asthma, respiratory ailments, cancer risk) Reasons for disparities Siting decisions. Government permitting, enforcement. Historical housing patterns and practices (discrimination, redlining) Neighborhood transition.

Regulation v. guidance

What is the difference? Regulation: Rules written by agency to implement a statute. Force of law. Must follow requirements of Administrative Procedures Act. Guidance: "Rules" specifying how agency will interpret a statute or regulation. Lack force of law. No standard procedure.

Safe Drinking Water Act (1974)

What types of facilities are covered? Applies to about 170,000 public water systems (about 90% are municipally-owned, and 10% are privately-owned). All public systems that have at least 15 service connections, or serve 25 people per day for 60 days of the year. Private wells serving 25 people or less are not covered. Does not cover bottled water.

Chemicals in use today.

~ 80,000 chemicals in common use. Hundreds of new compounds created annually (conservative estimate). Only a small % tested. 20,000 registered pesticides currently in use in the United States. Estimated 1,000 active ingredients. > 1 billion pounds used per year in U.S. (5 billion pounds worldwide)