Air Pollution: Legislative History Before the Clean Air Act

Common sense suggests the rational underlying this legislative history. For over one hundred years the United States had a relatively small population inhabiting a relatively large land mass.

Agriculture's dominant social and economic position translated into mostly local air pollution issues such as excess smoke from burning fields and clearing forests.

As the population moved west and into the industrial era, the amount of land and people exposed to increased dirty air emissions from smokestacks expanded exponentially.

Initial attempts to address stationary source pollution came from city and county governments

Federal air quality regulations officially started in 1955, with the passage of the Air Pollution Control Act. During this time the federal government conceptualized their role as ancillary to the states and the Act followed that philosophy by creating a fund to aid states in their efforts.

Substantive improvements in air quality were minimal, due largely to a lack of state regulation and enforcement.

Social unrest during the 1960s created an atmosphere conducive to increased social problem solving on a national scale.

While civil rights and social welfare programs arguably received the greatest amount of attention, environmental issues began receiving attention. Scientific studies linking air pollution to health issues and the logic of transboundary pollution moved public opinion enough to move Congress into action.

Starting with the Clean Air Act of 1963 (the precursor to today's Clean Air Act) Congress began funding air quality research programs as well as continuing financial assistance for state activities. In 1967, the Air Quality Control Act organized the country in Air Quality Control Regions and established a system for defining Ambient (outdoor) Air Quality Standards for states wishing to set standards limiting emissions. The stage was set for a more significant federal role in air quality management.

The Clean Air Act of 1970 (CCA) introduced the American population to the idea of a nationally directed air quality management program. CCA, twice amended (1977 and 1990) ranks as one of the most complex and ambitious pieces of federal environmental legislation. The reasons are obvious. Air pollution issues cover a wide array of topics from dust and smog to acid rain and ozone depletion.

Electricity generation, factory production, mining and most every industrial activity contributes potentially harmful emissions into the air.

The Clean Air Act, a dual purpose piece of legislation, aims first and foremost to protect public health. A secondary goal, the promotion of public welfare, seeks to maintain visibility levels and limit air pollution effects on the environment, including agricultural products and buildings.

To achieve these goals the Environmental Protection Agency establishes National Ambient (outdoor) Air Quality Standards (NAAQS), which are scientifically determined maximum pollution limits. Secondary NAAQS are set to protect public welfare.

Six common air pollutants, called criteria pollutants, are subject to regulation: ozone, volatile organic compounds (VOCs), nitrogen dioxide, carbon monoxide, particulate matter and sulfur dioxide.

Another category of pollutants less wide-spread throughout the United States, called Hazardous Air Pollutants (HAPs) are also regulated. Currently the EPA lists approximately 188 HAPs, with two of the most commonly know substances being mercury and benzene.

Through its many revisions, the underlying structure of the Clean Air Act has followed the above outlined framework. The federal government (Congress and the EPA) sets standards and states assume responsibility for implementation. Both states and the federal government assume enforcement responsibilities.

© 2000. Patricia A. Michaels.