Running head: Current Legislation Important to the EPA

A Look at Current Legislation Important to the Environmental Protection Agency and Regulation of the Coal Industry William Landa California State University, San Bernardino

Current Legislation Important to the EPA Current Regulation of the Coal Industry by the EPA Since its inception in 1970, The Clean Air Act has given the United States

Environmental Protection Agency (EPA) regulatory power over certain chemicals in our air that have been proven to be a menace to the publics health. Accord ing to Schneider (2011) EPA has been made responsible for regulating 188 chemicals in the air. The Clean air act of 1970 specifies two ways that EPA can go about accomplishing this mission. The first is to identify sources responsible for emitting large amounts of the regulated chemicals. The second way is to develop standards that will reduce these emissions (para. 356-357). EPAs regulation of these emissions has been quite controversial. EPA regulations can be a financial burden on industries that emit large amounts of the 188 identified chemicals. Where there is conflict between industry and government, there will always be politics, and the Clean Air Act is no exception to this rule. On one hand, stricter regulation by EPA will, as it has over the last 40 years, decrease toxic chemicals found in the air and subsequently benefit the publics health . On the other hand, increasing regulation could possibly hurt the economy by financially burdening industries that create jobs and supply energy. In the midst of skyrocketing gas prices and increasing national debt, the economy needs any little help it can get. Limiting regulations on profitable industries such as coal may stimulate economic growth and create more jobs. The regulation predicament at hand is important, and must be paid attention to, especially during an election year. Existing laws, policies, rules, and regulations Overarching federal legislation is embodied in the Clean Air Act (CAA) of 1970 and the Clean Air Act Amendments of 1990. As stated before, the clean air act directs

Current Legislation Important to the EPA

the regulatory EPA to set standards for toxic emissions and make sure these standards are being adhered to. EPA, according to Cahill (2011), pulls authority from the list of regulations published in title 40 of the Code of regulations (para. 43). EPA, however, is only one part of the complex system. The states also play a crucial role in ensuring the quality of U.S. air. According to Goodman (2007), the CAA gives the primary responsibility of adhering to the emissions standards set by EPA to the states. States must meet goals set by EPA, or else implement extra strategies in order to meet those standards (para. 479). Power over air quality regulations between the federal government and the states have waxed and waned over the years. The most recent developments, as stated by Goodman (2007), would be the shift of responsibility back to the states to monitor and control air quality (para. 486). In the environmental sector, cooperative federalism is a key to successfully implementing programs that will reduce toxic emissions and improve the publics health. Cooperative Federalism is defined by Goodman (2007) as the interaction between federal regulation and states choices. The federal government gives the states two options; states may implement their own programs and legislation to mirror the federal standards, or face pre-emption on state laws by existing similar federal laws (para. 483-485). In California for example, the Mulford-Carrell act of 1967 brought about the Air Resources Board (ARB). The ARB holds the responsibility to make known the standards set forth by the Federal Air Quality Act. The ARB also supports local and regional regulatory agencies as well as holding some enforcement powers themselves (The California Law Review, 1970, para. 1486). The Establishment of the ARB demonstrates state action to develop strategies to comply with EPAs national guidelines.