TITLE

Gasping for Breath: The Administrative Flaws of Federal Hazardous Air Pollution Regulation and What We Can Learn from the States

AUTHOR(S)
Flatt, Victor B.
PUB. DATE
February 2007
SOURCE
Ecology Law Quarterly;2007, Vol. 34 Issue 1, p107
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This Article explains the continuing problems with protecting human health under the Clean Air Act's hazardous air pollutant program, in particular, the difficulty of protecting the public from residual health risks when all sources have put maximum technological controls into place. The Article traces the causes of these problems to flaws in the statutory implementation and the enforcement regime concerning residual health risks. In seeking to resolve these lingering flaws in the federal program. this Article surveys twelve states that have stricter protections than the federal government for residual risk from air toxics, and analyzes these states' success in reducing air toxic concentrations. Commonalities between the most successful states programs reveal potential solutions for improving regulation of hazardous air pollutants at the federal level.
ACCESSION #
25143885

 

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