EPA Rules and Regulations

The 1960s saw much turmoil, but one positive feature was the growing awareness of the need to protect the environment. Rachel Carson’s seminal book, Silent Spring, was published in 1962 and brought an awareness of the damaging effects of the use of persistent pesticides. Other dramatic events during previous decades such as fogs comprised of sulfuric acid killed people. This occurred when an inversion layer trapped the stagnant air.

In 1969 the Cuyahoga River in Cleveland OH caught on fire, causing hundreds of thousands of dollars of damage to a couple of bridges. The fire was a result of pollution from oil and other flammable factory wastes – and this wasn’t the first time.

The growing concern of the public, youth activism, and the first Earth Day forced the hand of President Nixon. Previously protection of the environment was spread over several agencies, but mainly the Health, Education, and Welfare Department’s National Air Pollution Control Administration and the Interior Department’s Federal Water Quality Administration. The programs were combined with the creation of a new cabinet department, the Environmental Protection Agency.

Existing laws concerning water were amended and strengthened and became the Clean Water Act of 1972. The act established the basic structure for regulating pollutant discharges into the waters of the United States. And it is not static but rather dynamic, being amended as sound science influenced policy. Changes have met with controversy.

Supreme Court decisions in 2001 and 2006 had left unclear just what the “waters of the United States” mean, so the EPA and Corps of Engineers collaborated on the Clean Water Rule which more clearly defines just what waters will be subject to regulation. The ultimate goal is to protect drinking water. Agricultural, and industrial concerns have called the rule overreach and in fact Attorney General Leslie Rutledge has sued to block the implementation here in Arkansas.

Similarly the Clean Air Act has existed since 1963 but has been amended several times as needed to protect the air we all depend on. Toxic emissions that resulted in acid rain, and levels of heavy metals that can cause nerve damage and especially brain damage (Mercury, Cadmium, Lead) have been lowered in the environment.

The EPA has been studying haze (smog) in National Parks and Wilderness Areas since 1988. In 1999 they began an ambitious program to work with states to clear the air. The haze is due mainly to power plant emissions of fine particulates. The Regional Haze Rule however has been delayed to the point that recently The Sierra Club has sued the EPA for failing to implement a plan in conjunction with the state of Arkansas. [disclosure: I am an officer in the Arkansas Chapter of the Sierra Club]

Another contentious feature of clean air results from Bush’s EPA declaring Carbon Dioxide a pollutant in 2006. Much litigation later, President Obama has sought the Clean Power Plan, meant to reduce CO2 emissions by 32% by 2030. Both the Regional Haze Rule and the Clean Power Plan are being vigorously opposed by our Attorney General as being too costly.

As the population continues to grow, our regulatory structure must meet the demand of more pressure on clean air and clean water. We are the problem, and we have to be the solution.

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