Exam two

1955, Air Pollution Control Act,

authorized a research and technical

assistance program. Motor vehicle

emissions were first linked

conclusively to smog problems in

cities like Los Angeles.

1965, Motor Vehicle Air Pollution

Control Act. Automobile

manufacturers given 2 years' notice

and a reasonable time to comply

with new standards.

1967, the Air Quality Act required HEW to designate national geographic

air quality control regions, while states adopted air quality standards

based on HEW criteria documents.

Each state was also required to develop an "implementation plan,"

set standards for individual sources of pollution.

EPA created Air Quality Control Regions and developed the National

Ambient Air Quality Standards (NAAQS) determine the maximum

concentrations of designated "criteria" pollutants in ambient air.

EPA designated New Source Performance Standards (NSPS), establish

allowable emission limitations for various kinds of new stationery

sources of air pollution.

CAA Title I: EPA set up three different kinds of nationwide

standards.

National Emissions Standards for Hazardous

Air Pollutants (NESHAP; known as "air toxics") for which no

ambient air quality standards exist.

Hazardous air pollutants are defined as those contained in

an extensive list

1977 amendments: a pollutant subject to NSPS which is not

listed as either "hazardous" or as a "criteria" pollutant is

called a designated pollutant.

Primary standards: These are developed "allowing an adequate margin of

safety, [that] are requisite to protect the public health."

Health-based standards?

Secondary standards: "specify a level of air quality the

attainment and maintenance of which . . . is requisite to protect

the public welfare from any known or anticipated adverse effects

associated with the presence of such air pollutants in the ambient

air.

The 1970 CAA required EPA to prepare NAAQS for criteria

pollutants that hurt public health and

welfare, and result from diverse mobile and stationary sources.

Once EPA had developed the NAAQS, states were required to

determine how they can be attained and maintained by

developing a State Implementation Plan

Primary standards: developed "allowing an adequate margin of

safety, [that] are requisite to protect the public health".

Health-based standards?

Secondary standards: "specify a level of air quality the

attainment and maintenance of which . . . is requisite to protect

the public welfare from any known or anticipated adverse effects

associated with the presence of such air pollutants in the ambient

air."

NAAQS standards are implemented in three ways:

Nationwide, technology-forcing emission limitations on mobile

sources such as automobiles (e.g., motor vehicle inspection and

maintenance programs, catalytic convertors, and low-lead

gasolines).

Similar limitations on new or modified stationary sources of

pollution.

State SIPs that implement the NAAQSs through emission limitations

on stationary and mobile sources.

Dispersion techniques (tall smoke stacks that disperse the

pollution over a wider area) and

Intermittent controls (reduce emissions only periodically)

After 1970, EPA classified the country into "attainment" and

"nonattainment" areas concerning each criterion pollutant.

Attainment areas are those in which NAAQS standards have been

met.

Nonattainment areas are those where NAAQS have not been met.

Acid rain is formed when SO2 in the

atmosphere reacts with water vapor,

forming sulfuric acid.

The Lacey Act creates a federal violation of interstate

transport of many species taken in violation of the state,

tribal, or other federal laws.

The Wild Free-Roaming Horses

and Burros Act protects

these species on public lands.

Wikimedia Commons

Does this make sense? Where

did the "wild horses" in the U.S.

Most states have the equivalent of the federal ESA, which serves to

protect species (and habitats) at the state level.

Many of these include species that do not qualify for federal

endangered or threatened status.

Most states require a designation of "critical habitat" for the

species.

South Carolina: Nongame and Endangered Species Conservation

Act (S.C. Code 1976 § 50-15-10 to 90). This includes definitions and

criteria for listing endangered species and penalties

for violation.

Habitat Protection by the States

Some states permit "incidental taking" of listed species and HCPs:

Florida issues permits for the development of critical habitat, but

the activity must "clearly enhance the survival potential of the

species” (Rule 39-27002(1), Fla. Admin. Code).

California has the Natural Communities Conservation Plan (NCCP)

system to protect ecosystems

One of the earliest federal environmental laws is the National

Environmental Policy Act (NEPA) of 1969

NEPA language was intentionally short and vague

Encouraged the development of a "common law" of NEPA.

But NEPA had unintended consequences and led to:

Forum shopping.

Inconsistent court decisions are based on the inclination of judges.

A Supreme Court that extended agency power, while lower courts

extended judicial power.

NEPA Sections

NEPA §2 [42 U.S.C.§4321]

Congressional declaration of

purpose:

Congress recognizes the

importance of the environment.

Establishes the Council on

Environmental Quality (CEQ).

Everglades National Park, Florida

Wikimedia Commons

NEPA Sections

NEPA §101 [42 U.S.C. §4331].

Called "Substantive NEPA".

Congressional declaration of national environmental policy.

NEPA §101(a):

It is the "continuing policy ... to create and maintain conditions

under which man and nature can exist in productive harmony ..."

NEPA Sections

NEPA §101

NEPA §101(b):

The federal government has a "continuing responsibility" to use "all

practicable means, consistent with other essential considerations of

national policy" to achieve six goals.

NEPA §101(c):

It is the responsibility of each person to contribute to preservation

and enhancement of the environment.

Is NEPA §101(c) the most promising?

Does NEPA §101(c) create an "enforceable right" to a healthful

environment?

NEPA Sections

NEPA §102 [42 U.S.C. §4332].

Called "Procedural NEPA".

NEPA §102(2)(C):

Probably the most important (and controversial) section of NEPA!

For each "major Federal action significantly affecting the quality of

the human environment" an Environmental Impact Statement (EIS)

must be prepared.

ALL federal agency actions are subject to NEPA requirements, with only

limited exceptions.

But can a court overrule a decision an agency makes on environmental

grounds?

Courts may over-rule substantive agency decisions if they fail a "good

faith consideration and balancing of environmental factors."

Agencies need not elevate environmental concerns above all other

considerations.

But courts may not substitute their judgment just because they are

unhappy with the result.

CEQ requirements and procedures are in NEPA Title II (42 U.S.C.

§§4341-4347).

What is the CEQ?

CEQ is an executive office.

Has three members chosen by the

President and approved by the Senate.

Members have training and experience

to interpret data and suggest national

environmental policy.

The Chair position is currently vacant.

CEQ's interpretations of NEPA are given substantial deference by

courts.

CEQ regulations are very controversial:

all EIS decisions must be made public;

an EIS must list alternatives to the proposed action and

an EIS must list all "relevant factors."

Executive agency, created in 1970

The current EPA Administrator is Brenda Mallory

The Role of the EPA under NEPA:

EPA has limited responsibility for reviewing and evaluating

EISs.

EPA generally does not produce the EIS (many EPA activities

are exempt from the EIS process!).

EPA determines the environmental acceptability of a

proposed action.

EPA (and the EIS) must comply with CEQ regulations (40 CFR

Part 6, Subpart J).

EPA may respond to an EIS with any of three responses:

1. Lack of objection.

2. Environmental reservations.

3. Environmentally unsatisfactory.

The adequacy of scientific information in an EIS may be:

1. Adequate.

2. Insufficient.

3. Inadequate.

Under what circumstances is an EIS required?

The elements that will trigger NEPA and the requirements for an EIS

ask of a proposed action (42 U.S.C. §4332(c)).

Is it major?

Is it federal?

Is it an action?

Is it significant? and

Will it affect the quality of the human environment?

EIS Requirements

Is it Federal?

Requires a federal nexus (connection).

General rule: If the agency has the power to influence the outcome

materially, then the action is federal.

Is it Major?

Regulations: the word "major" means "reinforces but does not have a

meaning independent of significant" (40 CFR §1508.18).

General rule: If it is not clear what "major."

is ... assume the action is significant!

Significantly Affecting the Quality of the Human Environment.

Regulations: based on "considerations of both context and

intensity," lists ten important factors, including the "highly

controversial" nature of impact (40 CFR §1508.27).

Some agencies define "significant" in their regulations,

which is used as guidance by the EPA.

Many court cases have resulted from individuals, groups, or

government agencies who are disappointed with an EIS

decision.

Environmental Assessments

If an agency is uncertain whether an EIS will be required or not, it

prepares an Environmental Assessment (EA) to determine if a full EIS is

required.

Contents of an EA include:

Environmental impacts of the proposed action.

(2) Alternatives.

(3) Mitigation of any adverse effects.

There are over 30,000 EAs prepared each year.

Who prepares the EIS?

EIS is prepared by the agency responsible for the proposed action.

Where several agencies are involved in an action, one agency (the lead

agency) with the most extraordinary jurisdictional responsibilities takes primary

responsibility for preparing the EIS.

Can the preparation of the EIS be delegated to a state? Yes, under

amendments to NEPA at §102(2)(D).

It probably cannot be delegated to the applicant (usually a private party

who stands to benefit from the action), too self-serving.

It is probably okay for the EIS to be prepared by the applicant's

consultants because it is not self-serving.

Scope of the EIS. Agencies concerned about segmentation or breaking

up one large project into several small ones to avoid cumulatively

impact problems.

Hypothetical:

Suppose we wish to construct a luxury spa with amenities: parking,

restaurant, tennis, and golf.

Is it federal? What if we accept a $10,000 grant from CDC to study

exercise?

If the collective impact of the entire project is unacceptable, can we

apply for separate EISs for each amenity because their impact is

acceptable?

The segmentation problem:

Since the collective impact of the entire project is not acceptable, can we

Apply for separate EISs for each amenity to minimize impact.

EIS must discuss the environmental impacts of the proposed action.

The broad range of impacts discussed includesludes crime, emotional and

physical isolation, and aesthetic considerations.

Remote, highly speculative impacts need not be considered.

Discussion must be explanatory and written in layperson's language.

Responsible opposing views must be presented.

EIS must have sufficient information regarding environmental costs and

consequences.

A worst-case analysis is usually not necessary.

Substantive Review. May a court reverse agency actions if the action

Is it offensive to the substantive requirements of NEPA?

NEPA §101 seems to create substantive duties.

However, the U.S. Supreme Court held that a court's only role is to see

that the agency considered the environmental consequences of the

proposed action.

Procedural Review. May a court reverse a decision in favor of an agency

action for failure to follow NEPA's procedural requirements?

Courts have held that NEPA is "essentially procedural."

"NEPA merely prohibits uninformed - not unwise - agency action."

(Robertson v. Methow Valley Citizens Council).

Courts take a "hard look" at agency actions affecting the environment.

Environmental groups have standing to sue if:

Members suffer injury to esthetic, conservation, or economic

interests;

Members use a wilderness area for recreation or

Noise and air pollution would harm members' health or

conservation interests.

Environmental groups lack standing if interests are too abstract

or remote, or if members do not show personal injury.

Animals do not have standing under NEPA.

Damages.

Virtually impossible under NEPA.

It may be available under everyday law actions.

2. Permanent Injunction.

Virtually impossible under NEPA.

3. Temporary Injunction (TI).

Most common form of relief in NEPA cases.

NEPA §102(2)(f): Federal agencies must “recognize the

worldwide and long-range character of environmental

problems."

1979, President Carter issued an Executive Order that required a

less demanding procedure (such as an Environmental

Assessment) for most federal actions.

Many agency actions are exempted. There is no private "cause

of action" by plaintiffs wishing to challenge a federal agency's

decision.

Although NEPA's international reach remains a question, NEPA

has been an important international role model.

Still, the chief statute for citizens protecting the

environment.

Critics argue that NEPA is just a delaying tactic.

Established in 1992 (scattered 40 CFR).

Designed to inspire confidence in the "fairness of

agency adjudication" in administrative trials (litigants

must "exhaust all administrative remedies").

EAB: Three senior attorneys. Allows immediate appeals

of agency decisions without the time expense of a

formal trial.

Over 500 appeals and written opinions have been

published.

Substances in the air that can cause damage to organisms are called

Pollutants and their presence is air pollution.

However, there are different kinds of air pollutants, depending on their

source.

Natural air pollutants are produced by biological and chemical

processes.

It can include high concentrations of volatile organic compounds (VOCs), sulfur and nitrogen

oxides (from fires and volcanoes), and even CO2.

The actions of humans produce anthropogenic air pollutants.

It can result from industry, vehicles, farming, etc. We will concentrate

on these.

Primary Air Pollutant:

A harmful substance that is

emitted directly into the

atmosphere

Secondary Air Pollutant:

Harmful substances formed in

the atmosphere when a

primary air pollutant reacts

with substances normally found

in the atmosphere or with

other air pollutants

Two primary sources

Transportation

Industry

Intentional forest fires

are also an important

contributor

Effects of Air Pollution on Ecosystems and Biological Diversity in

the Eastern United States, Lovett et al. From: The Year in Ecology

And Conservation Biology (2009).

This is a scholarly article. You are responsible for the first 5 1/2

pages (p. 99-105), but I hope you will read more!

Air pollution, ecosystems, and biodiversity. This is a short web

page by the United Nations Economic Commission for Europe

(UNECE). It's just four paragraphs, but it says a lot.

Air Pollution Affects Ecosystems

A robust body of research links the negative impacts that air pollution can

have on natural ecosystems.

For example:

Pollutants such as sulfur can lead to excess acid levels in lakes and

streams and damage trees and forest soils.

Atmospheric nitrogen can reduce the biodiversity of plant communities

and harm fish and other aquatic life.

3. Ozone damages tree leaves and negatively affects

scenic vistas in protected natural areas.

Mercury and other heavy metal compounds emitted

as exhaust from fuel combustion can eventually

accumulate in plants and animals, some of which are consumed by people.

Damage from air pollution is usually presented as health

effects on humans

Low-level exposure

Irritates eyes

Causes inflammation of the respiratory tract

Can develop into chronic respiratory diseases

Sulfur Dioxide and Particulate material

Irritate respiratory tract and impair the ability of lungs to

exchange gases

Nitrogen Oxides

Causes airway restriction

Carbon monoxide

Binds with iron in blood hemoglobin

Causes headache, fatigue, drowsiness, death

Ozone

Causes burning eyes, coughing, and chest discomfort

Air pollution threats to children

More significant health threat to children than adults

Air pollution can restrict lung development

Children breathe more often than adults

Children who live in high ozone areas are more likely to develop

asthma

Smog: An intense

concentration of air

pollutants that threaten

health and the

environment

Smog is a photochemical

haze caused by the action

of solar ultraviolet

radiation on an

atmosphere polluted with

hydrocarbons and oxides of

nitrogen

Sulfurous smog

Also called "London smog."

Results from a high concentration of sulfur oxides in the air

This is caused by the use of sulfur-bearing fossil fuels, particularly coal.

Aggravated by dampness and a high concentration of suspended particulate matter in

the air.

Photochemical smog

Also known as "Los Angeles smog."

Occurs typically in urban areas with many vehicles.

Requires neither smoke nor fog.

Has its origin in nitrogen oxides and hydrocarbon vapors emitted by automobiles and

other sources, which then undergo photochemical reactions in the lower atmosphere.

How pollutants are formed

from burning coal and oil,

leading to sulfur smog, also

called London smog.

Some natural events, like

volcanoes and fires, also

contribute

Sunlight Plus Transportation Equals

Photochemical Smog

Photochemical Smog

Chemical composition

Sources

VOCs + NOx + Heat + Sunlight yields

Ground level O3 (ozone) and other

photochemical oxidants

Aldehydes

Other secondary pollutants

Smog is a worldwide

problem.

Photochemical

Smog in Santiago,

Chile

Total Suspended Particulates (TSPs, PM2.5).

Solid particles or liquid droplets that remain suspended in the air, with

diameters of 2.5μ or smaller.

Small particles are a greater health risk than larger particles.

This can be reduced by:

(a) electrostatic precipitators;

(b) scrubbers; or

(c) fabric filters.

2001 the U.S. Supreme upheld the EPA's TSP and ozone standards.

There are several techniques to reduce

air pollution at the source

Electrostatic precipitators – use

electrical charges to attract and

remove pollutants.

Smokestacks with scrubbers – use

liquid, fabric, or paper filters; may

use chemicals to neutralize

pollutants.

Smokestacks without (left) and with (right) electrostatic precipitators

Phase I Vapor Recovery System for Gasoline

The federal Clean Air Act recognizes six Criteria Pollutants that receive

Carbon monoxide (CO)

Lead (PB)

Nitrogen oxides (NOx)

Ozone (O3) at ground-level

Particle pollution (often referred to as particulate matter)

Sulfur dioxide (SO2)

The original list included "hydrocarbons," but it was dropped

because the causation of health effects was difficult to prove.

"Lead" was subsequently added following several court decisions

Sulfur Dioxide (SO2).

80% result from fossil fuel combustion (primarily electric utilities),

20% from the smelting of ores.

A significant source of "acid rain" (National Acid Precipitation Abatement

Program, NAPAP).

SO2 can be reduced by:

(a) use of low-sulfur fuels;

(b) scrubbers; and

(c) catalytic conversion to sulfuric acid (H2SO4).

Health effects: heart and lung diseases.

Economic damage: damage to structures and vehicles, reduced

visibility.

Nitrogen Oxides (NO, NO2 = "NOx").

NOx emissions can be reduced by reducing the combustion

temperatures of fossil fuels, and scrubbers.

Health effects: exacerbates heart, lung, kidney, and cardiovascular

diseases.

Economic damage: impairs visibility, damages coatings (paints and

dyes), interferes with plant and animal growth and contributes to acid

rain.

Carbon Monoxide (CO).

Most CO production results from the incomplete combustion of fossil

fuels.

CO emissions can be reduced with the use of catalytic converters or

thermal exhaust conversion on motor vehicles.

Health effects: CO binds to hemoglobin in the blood, displacing oxygen.

This causes damage to the respiratory and cardiovascular systems,

reduces mental functions, and alters fetal development.

Ozone (O3).

A "photochemical oxidant."

Occurs in the stratosphere (good) and ground level (insufficient). Why?

50% results from industrial sources, and 50% from motor vehicles.

Controlled indirectly by decreasing emissions of NOx, SO2, and VOCs

(gasoline recapture pumps.

Health effects: aggravates respiratory and cardiovascular diseases.

Economic effects: decreased visibility and damage to respiratory systems.

EPA's current ozone standards allow 0.08 parts per million (ppm),

averaged over eight hours.

The land is held in trust for the American people by the federal government

and managed by federal agencies, including:

Bureau of Land Management (BLM)

U.S. National Park Service (NPS)

Bureau of Reclamation

U.S Fish and Wildlife Service (USFWS)

U.S. Forest Service

National Oceanic and Atmospheric Administration (NOAA)

U.S. Department of Defense (U.S. Army Corps of Engineers)

State and local government agencies often share jurisdiction with

Federal lands in the United

States. Approximately 42

percent of the land in the

The United States is publicly

owned, with 25 percent of

the nation's land owned by

the federal government.

Most were acquired early in U.S. history from purchases, wars,

or treaties made with foreign countries.

The federal government used this land to encourage growth,

settlement, and economic development.

Land that was not developed, homesteaded, or sold remained in

federal ownership as public land.

Today, principles of land use planning and environmental

protection preserves the natural resources and scenic beauty

found on public land.

Every human use of land alters it in some way.

People do not always agree on land use and management

priorities.

Understanding land use and management issues requires the use of

three key concepts:

The Tragedy of the Commons effect

Externalities

Maximum sustainable yield

Tragedy of the commons: The tendency of a shared, limited resource

to become depleted because people act out in self-interest for

short-term gain.

When many people share a common resource without agreement on

or regulation of its use, it is likely to become overused very quickly.

The Tragedy of the Commons. If the use of common land is not regulated in

some way—by the users or by a government agency—the land can easily be

degraded to the point at which it can no longer support that use.

Economists originally developed the concept of externalities,

but it has broad applications to environmental biology and law.

Externality: A side effect or consequence of an industrial or

commercial activity that affects other parties without this being

reflected in the cost of the goods or services involved, such as the

pollination of surrounding crops by bees kept for honey.

Environmental biology and law are concerned with negative

externalities because of the environmental damage for which no one

bears the cost.

Maximum sustainable yield (MSY): The maximum amount of a

renewable resources (crops, fish, game, etc.) that can be

harvested without compromising the future availability of that

resource.

Maximum sustainable yield varies, depending on the nature of

the resource.

In theory, harvesting the MSY should be sustainable. In reality it

is very difficult to calculate MSY.

Even when we do calculate MSY, it can take months or years to

determine whether a yield is genuinely sustainable.

Every population has a point

at which a maximum number

of individuals can be

harvested sustainably. That

point is often reached when

the population size is about

one-half the carrying capacity.

This is a logistic growth curve. It shows that populations grow slowly at first, then more rapidly

in the middle and slowly again as they approach the Carrying Capacity (the absolute maximum

that environment can support that).

Protected land and

marine areas of the

world. Protected

areas are distributed

around the globe.

The United Nations recognizes six categories of public

lands:

National parks are managed for scientific, educational,

and recreational use, and sometimes for their beauty or

unique landforms.

Managed Resource Protected Areas are designated for

the sustained use of biological, mineral, and recreational

resources.

Habitat/Species Management Areas are actively

managed to maintain biological communities.

Strict Nature Reserves and Wilderness Areas are set aside to protect

species and ecosystems.

Protected Landscapes and Seascapes permit non-destructive use of

natural resources while allowing for tourism and recreation.

National Monuments are designated to protect unique sites of

special natural or cultural interests.

Uses of public lands is a controversial topic! These uses are often

historic, but in many cases, they adapt to current conditions.

Historically, public land uses were regulated by the following:

Resource conservation ethic The belief that people should maximize

use of resources based on the greatest good for everyone.

Multiple-use lands: A U.S. classification used to designate lands that

may be used for recreation, grazing, timber harvesting,

Public lands are usually available for private uses, including:

Recreation

It may be more or less restrictive

Includes wildlife watching and hiking, fishing and hunting

Vehicle uses may be limited

Grazing of livestock - Usually restricted to leases, often controversial

Timber harvesting – Heavily regulated, requires leases

Oil and gas drilling – VERY controversial

Mining – A common source of litigation

Only designated

Wilderness Areas

prohibit most private

uses

Wilderness area was

defined by the 1964

Wilderness Act

Land use in the

United States.

Public and private

land in the United

States is used for

many purposes.

More than 95 percent of all federal lands are managed by just four

federal agencies.

Bureau of Land Management (BLM): grazing, mining, timber

harvesting and recreation

U.S. Forest Service (USFS): timber harvesting, grazing, and

recreation

National Park Service (NPS): recreation and conservation.

Fish and Wildlife Service (FWS): conservation, hunting, and

recreation

Land management practices vary according to land use

Management issues differ for rangelands, forests, and parks.

Let's look at forest management practices as an example.

This is the Francis Marion

National Forest, in South

Carolina.

The forest is managed for a

variety of uses, including:

Logging

Hunting

Fishing

Hiking

Forest Land dominated by trees and other woody vegetation and

sometimes used for commercial logging.

Approximately 73 percent of the forests used for commercial timber

operations in the U.S. are privately owned.

Timber harvest practices include clear-cutting and selective cutting:

Clear-cutting: A method of harvesting trees that removes all or

almost all trees in an area.

Selective cutting The method of harvesting trees involves

removing single trees or a small number of trees from many in a

forest.

Timber harvest practices.

Clear-cutting removes most, if not all, trees from an

area and is often coupled with replanting. The

resulting trees are then all the same age.

In selective cutting, single trees or small numbers of

trees are harvested. The resulting forest consists of

trees of varying ages.

Ecologically sustainable forestry is an approach to

removing trees from forests in ways that do not

unduly affect the viability of other trees.

Timber production presents ecological challenges.

All logging disrupts habitat.

Logging often replaces complex forest ecosystems with tree

plantations.

Tree plantation: A large area

typically planted with a single

rapidly growing tree species.

Fire Management

In many ecosystems, fire is a natural process for recycling nutrients.

Humans have followed a number of fire management policies.

USFWS

Prescribed burn: A fire

deliberately set under

controlled conditions in order

to reduce the accumulation of

dead biomass on a forest floor.

Prescribed burns help reduce

the risk of uncontrolled natural

fires.

Proper fire management can help prevent

massively destructive fires, like those that

have plagued the western U.S. in recent

years.

National parks, wildlife refuges, and wilderness areas make up a large

part of public forests in the U.S.

National Parks are managed for scientific, educational, aesthetic, and

recreational use.

Human overuse can harm the environmental features that attract visitors.

National Wildlife Refuge: This is a federal public land managed for the

primary purpose of protecting wildlife.

National wilderness area: An area set aside with the intent of

preserving a large tract of intact ecosystem or a landscape.

Residential land use is expanding all over the U.S.

Management of residential areas to maintain ecosystem values is a

particular challenge.

Suburb: An area surrounding a metropolitan center with a

comparatively low population density.

Exurb: An area similar to a suburb but unconnected to any central city

or densely populated areas.

Since 1950, more than 90 percent of the population growth in

metropolitan areas have occurred in suburbs, and two out of three

people now live in suburban or exurban communities.

Causes and Consequences of Urban Sprawl

Urban sprawl Urbanized areas that spread into rural areas, removing

clear boundaries between the two.

Urban sprawl has four primary sources:

Automobiles and highway construction

Living costs

Urban blight

Government policies

Urban blight The degradation of the built and social environments of

the city that often accompanies and accelerates migration to the

suburbs.

Urban blight.

As people move away from a city

to suburbs and exurbs, the city

often deteriorates, which causes

yet more people to leave. This

cycle is an example of a positive

feedback system. (The green

arrow indicates the starting point

of the cycle.)

As a result, environmental

values often deteriorate.

Induced demand as a cause

of traffic congestion and

urban sprawl.

The use of gasoline tax money

to build highways leads to the

development of suburbs and

traffic congestion, at which

point yet more money is spent

on highways to alleviate the

congestion. (The green arrow

indicates the starting point of

the cycle.)

Environmental deterioration

often follows.

Smart growth: A set of principles for community planning that focuses on strategies to

encourage the development of sustainable, healthy communities.

Smart growth follows ten principles :

1. Create mixed land uses.

2. Create a range of housing opportunities and choices.

3. Create walkable neighborhoods.

4. Encourage community and stakeholder collaboration in development decisions.

5. Take advantage of compact building design.

6. Foster distinctive, attractive communities with a strong sense of place.

7. Preserve open space, farmland, natural beauty, and critical environmental areas.

8. Provide a variety of transportation choices.

9. Strengthen and direct development toward existing communities.

10. Make development decisions predictable, fair, and cost-effective.

The Air Pollution Control Act of 1955 initiated a research program linking motor vehicle emissions to smog in cities like Los Angeles. The 1965 Motor Vehicle Air Pollution Control Act enforced new standards for automobile manufacturers, while the 1967 Air Quality Act established geographic air quality control regions. The EPA created National Ambient Air Quality Standards (NAAQS) to set maximum concentrations for criteria pollutants and designated New Source Performance Standards (NSPS) for stationary sources. The Clean Air Act required states to create implementation plans to meet NAAQS, classifying areas into attainment and nonattainment based on compliance with these standards. Key pollutants include sulfur dioxide, nitrogen oxides, carbon monoxide, ozone, and particulate matter, with regulations aimed at reducing their harmful effects. The National Environmental Policy Act (NEPA) of 1969 mandated Environmental Impact Statements (EIS) for major federal actions affecting the environment. The Environmental Protection Agency (EPA) plays a limited role in EIS reviews, providing feedback on environmental acceptability but not typically preparing EIS documents. Principles of land use management reflect challenges like urban sprawl and environmental impacts from various human activities, emphasizing the need for sustainable practices.

Air Pollution Control Act and Key Legislation

  • 1955: The Air Pollution Control Act authorized a research and technical assistance program. This was the first major federal legislation aimed at air pollution control, establishing that motor vehicle emissions were conclusively linked to smog problems in urban areas, particularly notable in cities like Los Angeles.

  • 1965: The Motor Vehicle Air Pollution Control Act was passed, giving automobile manufacturers a two-year notice period to comply with newly established air quality standards, aimed at reducing vehicular emissions.

  • 1967: The Air Quality Act mandated the U.S. Department of Health, Education, and Welfare (HEW) to designate national geographic air quality control regions. States were also required to adopt air quality standards based on HEW’s criteria documents. States had to develop an "implementation plan" that set standards for individual pollution sources.

  • The Environmental Protection Agency (EPA) created distinct Air Quality Control Regions and developed the National Ambient Air Quality Standards (NAAQS), which set the maximum permissible concentrations of designated "criteria" pollutants in ambient air.

  • The EPA further established New Source Performance Standards (NSPS) that set allowable emission limitations for various new stationary sources of air pollution, ensuring newer systems adhered to stricter pollution control measures.

Clean Air Act (CAA)

  • Title I of the CAA required the EPA to set three nationwide standards:

    1. National Emissions Standards for Hazardous Air Pollutants (NESHAP): For pollutants that do not currently have ambient air quality standards but are hazardous.

    2. Primary Standards: Developed to protect public health, providing an adequate margin of safety.

    3. Secondary Standards: Set to protect public welfare from adverse effects related to air pollutants.

Amendments and Compliance

  • 1977 Amendments: Distinguished between pollutants subject to NSPS not listed as either "hazardous" or as a "criteria" pollutant, in which case they are referred to as designated pollutants.

  • Under the CAA, the EPA was required to prepare NAAQS for criteria pollutants that could harm public health and welfare, to be developed based on the sources of both mobile and stationary emissions.

  • Once NAAQS were established, states must demonstrate how these standards would be met and maintained through State Implementation Plans (SIPs).

Pollutants and Health Impacts

  • Criteria Pollutants include:

    • Sulfur Dioxide (SO2): 80% from fossil fuel combustion, causing respiratory issues and contributing to acid rain.

    • Nitrogen Oxides (NOx): Exacerbates respiratory diseases and affects visibility; primarily from vehicles and industrial activity.

    • Carbon Monoxide (CO): From incomplete fossil fuel combustion, binds with hemoglobin, leading to health risks.

    • Ozone (O3): A secondary pollutant that can aggravate respiratory conditions, resulting from reactions between sunlight, nitrogen oxides, and volatile organic compounds.

    • Particulate Matter (PM): Fine particles posing serious health risks, especially PM2.5, can be mitigated using technologies like electrostatic precipitators and scrubbers.

National Environmental Policy Act (NEPA)

  • Established in 1969: This law mandates that an Environmental Impact Statement (EIS) must be prepared for major federal actions affecting the quality of the environment.

  • The EPA, while playing a limited role in the preparation of EISs, generally reviews them to assess environmental acceptability under the National Environmental Policy Act's requirements.

Principles of Land Use Management

  • Challenges of Urban Sprawl: Urban areas expand into rural areas, leading to degradation of environmental resources.

  • Smart Growth: A strategy promoting sustainable urban development through ten principles such as mixed land uses, walkable neighborhoods, and preservation of open spaces.

Overall, air pollution control and environmental legislation seek to safeguard public health and the ecosystem by establishing standards and strategies to manage air quality effectively, emphasizing the need for cooperation between federal, state, and local governments.