Roles of The Federal Government and States
Although the 1990 Clean Air Act is a federal law covering the entire country, the states do much of the work to carry out the Act. The EPA has allowed the individual states to elect responsibility for compliance with and regulation of the CAA within their own borders in exchange for funding. For example, a state air pollution agency holds a hearing on a permit application by a power or chemical plant or fines a company for violating air pollution limits. However, election is not mandatory and in some cases states have chosen to not accept responsibility for enforcement of the act and force the EPA to assume those duties.
In order to take over compliance with the CAA the states must write and submit a state implementation plan (SIP) to the EPA for approval. A state implementation plan is a collection of the regulations a state will use to clean up polluted areas. The states are obligated to notify the public of these plans, though hearings that offer opportunities to comment, in the development of each state implementation plan. The SIP becomes the state's legal guide for local enforcement of the CAA. For example, Rhode Island law requires compliance with the Federal CAA through the SIP. The SIP delegates permitting and enforcement responsibility to the state Department of Environmental Management (RI-DEM).
The federal law recognizes that states should lead in carrying out the Clean Air Act, because pollution control problems often require special understanding of local industries, geography, housing patterns, etc. However, states are not allowed to have weaker pollution controls than the national minimum criteria set by EPA. EPA must approve each SIP, and if a SIP isn't acceptable, EPA can take over CAA enforcement in that state.
The United States government, through the EPA, assists the states by providing scientific research, expert studies, engineering designs, and money to support clean air programs.
Metropolitan Planning Organizations must approve all federally funded transportation projects in a given urban area. If the MPO's plans do not, Federal Highway Administration and the Federal Transit Administration have the authority to withhold funds if the plans do not conform with federal requirements, including air quality standards. In 2010, the EPA directly fined the San Joaquin Valley Air Pollution Control District $29 million for failure to meet ozone standards, resulting in fees for county drivers and businesses. This was the results of a federal appeals court case that required the EPA to continue enforce older, stronger standards, and spurred debate in Congress over amending the Act.
Read more about this topic: Clean Air Act (United States)
Famous quotes containing the words roles, federal, government and/or states:
“Productive collaborations between family and school, therefore, will demand that parents and teachers recognize the critical importance of each other’s participation in the life of the child. This mutuality of knowledge, understanding, and empathy comes not only with a recognition of the child as the central purpose for the collaboration but also with a recognition of the need to maintain roles and relationships with children that are comprehensive, dynamic, and differentiated.”
—Sara Lawrence Lightfoot (20th century)
“[M]y conception of liberty does not permit an individual citizen or a group of citizens to commit acts of depredation against nature in such a way as to harm their neighbors and especially to harm the future generations of Americans. If many years ago we had had the necessary knowledge, and especially the necessary willingness on the part of the Federal Government, we would have saved a sum, a sum of money which has cost the taxpayers of America two billion dollars.”
—Franklin D. Roosevelt (1882–1945)
“I heartily accept the motto, “That government is best which governs least”; and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe,—”That government is best which governs not at all”; and when men are prepared for it, that will be the kind of government which they will have.”
—Henry David Thoreau (1817–1862)
“Nullification ... means insurrection and war; and the other states have a right to put it down.”
—Andrew Jackson (1767–1845)