Pollution's Impact: Governing Challenges And Policy Responses

Governments are responsible for implementing policies and initiatives to reduce pollution and protect the environment and public health. At the federal level, the United States Environmental Protection Agency (EPA) works with state, local, and tribal governments, as well as other agencies and stakeholders, to address pollution under the Clean Air Act. This includes establishing health-based national air quality standards and providing guidance and technical assistance to state planning. Local governments also play a crucial role in protecting air quality through land use policies, permitting processes, and the creation of city-specific codes and action plans. Additionally, governments can provide incentives for recycling, support pollution control mechanisms, and impose taxes on polluters to encourage pollution reduction.

The Clean Air Act

The 1977 amendments to the CAA set more rigorous requirements for reducing emissions in areas that did not meet the NAAQS, and established the Prevention of Significant Deterioration (PSD) regulations for areas that already met the NAAQS. The PSD regulations are designed to prevent any significant deterioration in air quality above an established baseline level.

Local government elections

The local government has a significant role to play in addressing pollution, particularly in collaboration with higher levels of government. The Clean Air Act, for example, calls for state, local, federal, and tribal governments to work together to reduce pollution, with roles defined by the nature of the pollution problem. Local governments can implement zoning policies, city planning, and environmental impact assessments to reduce pollution and protect their citizens.

In the United States, there is a growing demand for electoral reform to enable smaller parties to compete, which could lead to a stronger focus on environmental issues. Low voter turnout in local elections can hinder progress, as seen in Los Angeles County, where only 17% of voters participated in the 2017 local elections. This can allow special interest groups to gain influence and hinder progress on issues like pollution reduction.

To address this, local governments must prioritize communication with their citizens and provide them with the resources to protect themselves from the harmful effects of pollution. By improving accessibility and sustainability, local governments can reduce car usage, a major source of pollution. Additionally, local governments can encourage the use of electric vehicles, promote sustainable practices among local businesses, and enforce environmental laws for impactful industries.

Local elections provide an opportunity for citizens to elect representatives who are committed to addressing pollution and its adverse effects on public health and the environment. By electing officials who prioritize these issues, citizens can hold their local governments accountable and drive progress towards a cleaner and healthier future for their communities.

Land use and city planning

Local governments can also influence air quality through permitting and Environmental Impact Reports (EIRs). Prior to issuing permits for large projects, local governments often evaluate the project's environmental impact and identify mitigation strategies. For instance, the City of Los Angeles included over 35 Local Enforcement Agency (LEA) conditions to protect air quality and the environment when approving a permit for the Sunshine Canyon landfill in 2004.

Additionally, local governments can create and enforce city-specific codes and action plans to promote clean air. For example, the Ports of Long Beach and Los Angeles maintain the San Pedro Bay Ports Clean Air Action Plan, which outlines emission reduction goals and strategies. Similarly, the City of Long Beach is developing a Climate Action and Adaptation Plan.

Through appointments to agency boards, local elected officials can also influence regional and statewide policy. For instance, local elected officials serve on the South Coast Air Quality Management District Board (SCAQMD) and the California Air Resources Board (CARB). Metropolitan Planning Organizations (MPOs), which are responsible for regional transportation planning and policy, are also comprised entirely of local governments.

Overall, land use and city planning play a crucial role in local governments' efforts to protect air quality and public health.

Permitting and Environmental Impact Reports (EIR)

The permitting process for pollution-emitting projects is governed by the Clean Air Act and its associated regulations. The Act calls for collaboration between state, local, federal, and tribal governments to implement measures that reduce pollution. The US Environmental Protection Agency (EPA) plays a crucial role in establishing health-based national air quality standards and providing guidance, technical assistance, and reviews to ensure compliance.

The Clean Air Act has resulted in significant reductions in common types of air pollutants, with aggregate national emissions dropping by 70% between 1970 and 2015. This has led to dramatic improvements in air quality, with reductions in the concentrations of lead, carbon monoxide, nitrogen dioxide, and sulfur dioxide.

The permitting process typically involves the following key steps:

• Preconstruction permits: Major new and modified stationary sources of pollution are required to obtain preconstruction permits. The permitting authority varies depending on the location, with state or local air agencies serving as the Clean Air Act (CAA) permitting authority in most areas.
• Operating permits: The CAA mandates that major stationary sources and certain other sources subject to federal standards obtain operating permits that ensure compliance with all applicable CAA requirements. Similar to preconstruction permits, the permitting authority for operating permits is typically held by state or local air agencies, with the EPA or tribal governments assuming this role in certain cases.
• National emission standards: The EPA establishes national emission standards for new stationary sources and reviews state plans to ensure compliance with the Act.
• State implementation plans: States are responsible for developing enforceable state implementation plans to meet the national air quality standards set by the EPA. This involves working with local air pollution districts to produce air quality plans, considering downwind state impacts, and prohibiting emissions that significantly contribute to air quality issues in neighbouring states.
• Toxic pollutant standards: Congress mandates the EPA to set national limits for toxic air emissions from major sources and specific categories of smaller sources. States have the option to adopt programs that allow for partial or complete delegation of authority to implement and enforce these standards, provided that state programs meet or exceed federal requirements.

In addition to the Clean Air Act, other legislation and policies also influence permitting and environmental impact assessments:

• The Pollution Prevention Act (P2 Act): Passed by Congress in 1990, this Act directs the EPA to establish a source reduction program and provides financial assistance to states. It emphasizes the importance of reducing or eliminating waste at the source by modifying production processes, promoting the use of less toxic substances, and reusing materials.
• The National Environmental Policy Act (NEPA): This Act recognizes the profound impact of human activities on the natural environment and mandates the EPA to establish long-term research programs. It also requires the assessment of environmental impacts and the consideration of alternatives and mitigation measures to minimize adverse effects.

The Environmental Impact Report (EIR) is a crucial component of the permitting process and environmental review for projects with potential environmental impacts. The EIR provides detailed information about a project's environmental effects, ways to minimize significant impacts, and reasonable alternatives. The preparation and processing of an EIR are guided by the California Environmental Quality Act (CEQA) and involve several key steps:

• Notice of Preparation (NOP): The NOP is the initial step in the EIR process, aimed at obtaining early comments on the proposed project, alternatives, and potential environmental impacts. It is sent to responsible agencies, federal agencies involved in approving or funding the project, trustee agencies responsible for natural resources, and local communities.
• Scoping and initial meetings: Scoping involves early consultation with local, regional, state, and federal agencies, as well as interested individuals, to identify the range of actions, alternatives, mitigation measures, and significant effects to be analyzed in the EIR. Initial meetings are held to exchange information, discuss the project timetable, and address preliminary data and issues.
• Preparing a Draft EIR: The Draft EIR analyzes the proposed project's potentially significant effects on the human environment. It includes a summary of the project, a detailed project description, alternatives to the project, environmental setting, and assessment of environmental impacts.
• Processing a Draft EIR: The Draft EIR is reviewed by technical specialists, peers, and supervisors. It is then submitted to the State Clearinghouse for distribution to state agencies and posted on the project website. A public notice of the availability of the Draft EIR is provided, and comments are invited from responsible agencies, trustee agencies, local communities, and the public.
• Preparing a Final EIR: The Final EIR incorporates comments and recommendations received on the Draft EIR and includes responses to significant environmental points raised. It may also include revisions or additions based on the feedback received.
• Processing a Final EIR: The Final EIR undergoes further technical and supervisory reviews. Written responses are prepared for comments received, addressing revisions, objections, and the rationale for accepting or rejecting suggestions.
• Certification of Final EIR: The Final EIR is certified by the Environmental Branch Chief and the District Director, confirming compliance with CEQA, consideration of the EIR by decision-makers, and reflection of independent judgment and analysis.
• Findings and Statement of Overriding Considerations: If the Final EIR identifies significant environmental effects, written findings are prepared, and a Statement of Overriding Considerations is created if the project's benefits outweigh its unavoidable adverse environmental effects.
• Notice of Determination (NOD): Within five working days of project approval, a NOD is filed with the State Clearinghouse, providing project details, the determination of environmental impact, and a summary of the EIR process.
• Disposition of Final EIR: Copies of the Final EIR are distributed to relevant planning agencies, retained as public records, and included in the Project Report presented to decision-makers.

It is important to note that subsequent or supplemental EIRs may be required if substantial changes to the project or new information come to light, leading to major revisions or the identification of previously unknown significant impacts.

Pollution prevention programs

In 1990, the US Congress passed the Pollution Prevention Act (P2 Act), which led to the creation of the Pollution Prevention program. This program offers grants to states, tribes, local governments, and nonprofits to support research, education, and training on innovative source reduction techniques.

The program has six grant types:

• Pollution Prevention Grant: For states and tribes to help businesses adopt source reduction practices.
• Bipartisan Infrastructure Law Pollution Prevention Grant: Funded by the Bipartisan Infrastructure Law, this grant is for states and tribes to help businesses adopt P2 practices.
• Pollution Prevention Grant: Environmental Justice in Communities: For state and tribal programs to provide technical assistance to businesses to improve human health and the environment in disadvantaged communities.
• Pollution Prevention Grant: Environmental Justice Through Safer and More Sustainable Products: For state and tribal programs to increase the supply, demand, and use of safer and more sustainable products in disadvantaged communities.
• Reducing Embodied Greenhouse Gas Emissions for Construction Materials and Products: Supports businesses that manufacture construction materials and products to develop and verify Environmental Product Declarations.
• Source Reduction Assistance Grant: Funds projects that support research, education, and/or training on innovative source reduction techniques.

The Clean Air Act is another example of a pollution prevention program. It calls for collaboration between state, local, federal, and tribal governments to implement regulations that limit emissions from stationary and mobile sources of air pollution. The Act has led to the development of programs such as the National Ambient Air Quality Standards (NAAQS) and the New Source Performance Standards (NSPS).

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