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Federal environmental regulation in California

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Federal environmental regulation involves the implementation of federal environmental laws, such as the Clean Air Act, Clean Water Act, and the Endangered Species Act. The U.S. Environmental Protection Agency (EPA) is primarily responsible for enforcing federal air and water quality standards; the U.S. Fish and Wildlife Service is primarily responsible for managing endangered species. State government agencies will often share enforcement responsibilities with the EPA on issues such as air pollution, water pollution, hazardous waste, and other environmental issues.[1]

As of July 2015, California had 292 federally protected species, 7,764 federally regulated drinking water systems, and 97 federally regulated waste sites (known as Superfund sites).

Legislation and regulation

Federal laws

Clean Air Act

The federal Clean Air Act requires each state to meet federal standards for air pollution. Under the act, the U.S. Environmental Protection Agency oversees national air quality standards aimed at limiting pollutants from chemical plants, steel mills, utilities, and industrial factories. Individual states can enact stricter air standards if they choose, though each state must adhere to the EPA's minimum pollution standards. States implement federal air standards through a state implementation plan (SIP), which must be approved by the EPA.[2]

Clean Water Act

The federal Clean Water Act is meant to address and maintain the physical, chemical, and biological status of the waters of the United States. The U.S. Environmental Protection Agency (EPA) regulates water pollution sources and provides financial assistance to states and municipalities for water quality programs.[3]

According to research done by The New York Times using annual averages from 2004 to 2007, California had 2,161.00 facilities that were regulated annually by the Clean Water Act. An average of 579.50 facilities violated the act annually from 2004 to 2007 in California, and the EPA enforced the act an average of 142.50 times a year in the state. This information, published by the Times in 2009, was the most recent information on the subject as of October 2014.[4]

The table below shows how California compared to neighboring states in The New York Times study, including the number of regulated facilities, facility violations, and the annual average of enforcement actions against regulated facilities between 2004 and 2007.

The New York Times Clean Water Act study (2004-2007)
State Number of facilities regulated Facility violations Annual average enforcement actions
California 2,161.00 579.50 142.50
Hawaii 75.50 60.70 0.20
Nevada 91.30 5.20 5.20
Oregon 374.50 26.50 17.30
Source: The New York Times, "Clean Water Act Violations: The Enforcement Record"

Endangered Species Act

The federal Endangered Species Act (ESA) of 1973 provides for the identification, listing, and protection of both threatened and endangered species and their habitats. According to the U.S. Fish and Wildlife Service, the law was designed to prevent the extinction of vulnerable plant and animal species through the development of recovery plans and the protection of critical habitats. ESA administration and enforcement are the responsibility of the U.S. Fish and Wildlife Service and the National Marine Fisheries Service.[5][6]

Federally listed species in California

There were 292 endangered and threatened animal and plant species believed to or known to occur in California as of July 2015. The table below lists the 122 endangered and threatened animal species believed to or known to occur in the state. When an animal species has the word "Entire" after its name, that species will be found all throughout the state.[7]

The table below lists the 170 endangered and threatened plant species believed to or known to occur in the state.[8]


State-listed species in California
The California Fish and Game Commission manages its own state list of endangered and threatened species. Under the California Endangered Species Act (of which there are two versions, passed in 1970 and 1984), the state created the categories of "endangered" and "threatened" species similar to federal law. Before 1984, "threatened" species in California were classified as "rare."

As of July 2015, the California state government had 86 species on its state-managed list. Fifty-two of those state-listed species were also on the federal list; meanwhile, 32 of those state-listed species appeared only on California's list, for a total of 86 species managed by the California Fish and Game Commission.

State-listed endangered and threatened species in California
State-listed endangered species State-listed threatened species
49 37
Source: California Department of Fish and Wildlife
Sage grouse
The greater sage grouse

The sage grouse (also known as the "Greater sage grouse") is a ground-nesting bird species whose populations span 11 states, including eastern California, or around roughly 165 million acres total. The bird is considered a potentially endangered species and is a candidate for federal protection under the Endangered Species Act after the species' population declined from millions of birds in the 18th century to an estimated 200,000 to 500,000 birds in 2015.[9]

In 2004, the U.S. Fish and Wildlife Service rejected any plan giving endangered species status to the sage grouse and argued that the bird did not need protection. In 2010, however, the U.S. Department of the Interior (which contains the U.S. Fish and Wildlife Service) announced that the sage grouse could potentially become extinct and put the bird on a list of candidates for federal protection; the department's decision effectively overturned the 2004 conclusion. According to then-Interior Secretary Ken Salazar in 2010, the sage grouse warranted endangered species protection but not at the expense of higher priority species. The U.S. Fish and Wildlife Service decided against giving endangered or threatened status to the sage grouse on September 22, 2015.[10][11]

In June 2004, the California Department of Fish and Wildlife (CDFW) adopted the Sage-Grouse Conservation Plan for Nevada and Eastern California, a plan outlining a series of conservation methods for the state to protect the sage grouse population in eastern California. Local planners used these methods to conserve sage grouse in Mono County, eastern Alpine County and northern Inyo County, California. The CDFW is also involved with limited sage grouse hunting licensing and coordinates with the Nevada Department of Wildlife, the U.S. Bureau of Land Management (BLM), the U.S. Forest Service and the U.S. Fish and Wildlife Service to conserve further California's sage grouse populations.[12]

Enforcement

See also: Enforcement at the EPA

California is part of the EPA's Region 9, which also includes Hawaii, Arizona and Nevada, as well as several American territories.

The EPA enforces federal standards on air, water and hazardous chemicals. The EPA takes administrative action against violators of environmental laws, or brings civil and/or criminal lawsuits, often with the goal of collecting penalties/fines and demanding compliance with laws like the Clean Air Act and Clean Water Act. In 2013, the EPA estimated that 107,411 pounds of pollution, which includes air pollution, water contaminants, and hazardous chemicals, were "reduced, treated or eliminated" and 652 million cubic yards of soil and water were cleaned in Region 9. Additionally, 104 enforcement cases were initiated, and 120 enforcement cases were concluded in fiscal year 2013. In fiscal year 2012, the EPA collected $252 million in criminal fines and civil penalties from the private sector nationwide. In fiscal year 2013, the EPA collected $1.1 billion in criminal fines and civil penalties from the private sector nationwide, primarily due to the $1 billion settlement from the Deepwater Horizon oil spill along the Gulf Coast in 2010. The EPA only publishes nationwide data and does not provide state or region-specific information on the amount of fines and penalties it collects during a fiscal year.[13][14][15][16]

Mercury and air toxics standards

See also: Mercury and air toxics standards
The EPA on mercury capture systems

The EPA enforces mercury and air toxics standards (MATS), which are national limits on mercury, chromium, nickel, arsenic and acidic gases from coal- and oil-fired power plants. Power plants are required to have certain technologies to limit these pollutants. In December 2011, the EPA issued greater restrictions on the amount of mercury and other toxic pollutants produced by power plants. Approximately 600 power plants, including 1,400 oil- and coal-fired electric-generating units, fall under the federal rule. The EPA has claimed that power plants account for 50 percent of mercury emissions, 75 percent of acidic gases and around 20 to 60 percent of toxic metal emissions in the United States. All coal- and oil-fired power plants with a capacity of 25 megawatts or greater are subject to the standards. The EPA has claimed that the standards will "prevent up to 14 premature deaths in California while creating up to $120 million in health benefits in 2016."[17][18][19][17][20]

In 2014, the EPA released a study examining the economic, environmental, and health impacts of the MATS standards nationwide. Other organizations have released their own analyses about the effects of the MATS standards. Below is a summary of the studies on MATS and their effects as of November 2014.

EPA study
In 2014, the EPA argued that its MATS rule would prevent roughly 11,000 premature deaths and 130,000 asthma attacks nationwide. The agency also anticipated between $37 billion and $90 billion in "improved air quality benefits" annually. For the rule's cost, the EPA estimated that annual compliance fees for coal- and oil-fired power plants would reach $9.6 billion.[21]

NERA study
A 2012 study published by NERA Economic Consulting, a global consultancy group, reported that annual compliance costs in the electricity sector would total $10 billion in 2015 and nearly $100 billion cumulatively up through 2034. The same study found that the net impact of the MATS rule in 2015 would be the income equivalent of 180,000 fewer jobs. This net impact took into account the job gains associated with the building and refitting of power plants with new technology.[22]

Superfund sites

The EPA established the Superfund program as part of the Comprehensive Environmental Response, Compensation and Liability Act of 1980. The Superfund program focuses on uncontrolled or abandoned hazardous waste sites nationwide. The EPA inspects waste sites and establishes cleanup plans for them. The federal government can compel the private entities responsible for a waste site to clean the site or face penalties. If the federal government cleans a waste site, it can force the responsible party to reimburse the EPA or other federal agencies for the cleanup's cost. Superfund sites include oil refineries, smelting facilities, mines and other industrial areas. As of October 2014, there were 1,322 Superfund sites nationwide. A total of 112 Superfund sites reside in Region 9. There were 97 Superfund sites in California as of October 2014.[23][24]

Economic impact
EPA studies
The Environmental Protection Agency publishes studies to evaluate the impact and benefits of its policies. Other studies may dispute the agency's findings or state the costs of its policies.

According to the U.S. Government Accountability Office (GAO), an independent federal agency, the Superfund program received an average of almost $1.2 billion annually in appropriated funds between the years 1981 and 2009, adjusted for inflation. The GAO estimated that the trust fund of the Superfund program decreased from $5 billion in 1997 to $137 million in 2009. The Superfund program received an additional $600 million in federal funding from the American Recovery and Reinvestment Act of 2009, also known as the stimulus bill.[25]

In March 2011, the EPA claimed that the agency's Superfund program produced economic benefits nationwide. Because Superfund sites are added and removed from a prioritized list on a regular basis, the total number of Superfund sites since the program's inception in 1980 is unknown. Based on a selective study of 373 Superfund sites cleaned up since the program's inception, the EPA estimated these economic benefits include the creation of 2,240 private businesses, $32.6 billion in annual sales from new businesses, 70,144 jobs and $4.9 billion in annual employment income.[26]

Other studies were published detailing the costs associated with the Superfund program. According to the Property and Environment Research Center, a free market-oriented policy group based in Montana, the EPA spent over $35 billion on the Superfund program between 1980 and 2005.[27][28]

Environmental impact

In March 2011, the EPA claimed that the Superfund program resulted in healthier environments surrounding former waste sites. An agency study analyzed the program's health and ecological benefits and focused on former landfills, mining areas, and abandoned dumps that were cleaned up and renovated. As of January 2009, out of the approximately 500 former Superfund sites used for the study, roughly 10 percent became recreational or commercial sites. Other former Superfund sites in the study are now used as wetlands, meadows, streams, scenic trails, parks, and habitats for plants and animals.[29]

Carbon emissions

See also: Climate change, Greenhouse gas and Greenhouse gas emissions by state

In 2011, California's carbon emissions ranked second highest in the United States. Carbon emissions in California decreased from 360 million metric tons in 1990 to 346 million metric tons in 2011. Emissions peaked in California at 396 million metric tons in 2007. In 2011, the transportation sector accounted for 57.6 percent of all CO2 emissions in California.[30]

Carbon dioxide emissions in California (in million metric tons). Data was compiled by the U.S. Energy Information Administration.
Carbon dioxide emissions in California by sector

Pollution from energy use

Pollution from energy use includes three common air pollutants: carbon monoxide, nitrogen dioxide and ozone. These and other pollutants are regulated by the U.S. Environmental Protection Agency (EPA) through the National Ambient Air Quality Standards, which are federal standards limiting pollutants that can harm human health in significant concentrations. Carbon dioxide, a greenhouse gas, is also regulated by the EPA, but it is excluded here since it is not one of the pollutants originally regulated under the Clean Air Act for its harm to human health.

Industries and motor vehicles emit carbon monoxide directly when they use energy. Nitrogen dioxide forms from the emissions of automobiles, power plants and other sources. Ground level ozone (also known as tropospheric ozone) is not emitted but is the product of chemical reactions between nitrogen dioxide and volatile organic chemicals. The EPA tracks these and other pollutants from monitoring sites across the United States. The data below shows nationwide and regional trends for carbon monoxide, nitrogen dioxide and ozone between 2000 and 2014. States with consistent climates and weather patterns were grouped together by the EPA to make up each region.[31][32]

Carbon monoxide (CO)

Carbon monoxide (CO) is a colorless, odorless gas produced from combustion processes, e.g., when gasoline reacts rapidly with oxygen and releases exhaust; the majority of national CO emissions come from mobile sources like automobiles. CO can reduce the oxygen-carrying capacity of the blood and at very high levels can cause death. CO concentrations are measured in parts per million (ppm). Since 1994, federal law prohibits CO concentrations from exceeding 9 ppm during an eight-hour period more than once per year.[33][34]

The chart below compares the annual average concentration of carbon monoxide in the Western and Southwestern regions of the United States between 2000 and 2014. States with consistent climates and weather patterns are grouped together by the U.S. Environmental Protection Agency (EPA), which collects these data, to make up each region. Each line represents the annual average of all the data collected from pollution monitoring sites in each region. In the West, there were 56 monitoring sites throughout two states, compared to 24 monitoring sites throughout four states in the Southwest. In 2000, the average concentration of carbon monoxide was 3.69 ppm in the West, compared to 4.05 ppm in the Southwest. In 2014, the average concentration of carbon monoxide was 1.61 ppm in the West, a decrease of 56.5 percent from 2000, compared to 1.63 ppm in the Southwest, a decrease of 59.9 percent from 2000.[35]

West-SW regional comparison.png

Nitrogen dioxide (NO2)

Nitrogen dioxide (NO2) is one of a group of gasses known as nitrogen oxides (NOx). The U.S. Environmental Protection Agency (EPA) measures NO2 as a representative for the larger group of nitrogen oxides. NO2 forms from the emissions of cars, buses, trucks, power plants, and off-road equipment. It helps form ground-level ozone and fine particle pollution, and has been linked to respiratory problems. Since 1971, federal law prohibits NO2 concentrations from exceeding a daily one-hour average of 100 parts per billion (ppb) and an annual average of 53 parts per billion (ppb).[34][36][34]

The chart below compares the annual one-hour average concentration of nitrogen dioxide (NO2) in the Western and Southwestern regions of the United States between 2000 and 2014. In the West, there were 56 monitoring sites throughout two states, compared to 10 monitoring sites throughout four states in the Southwest. In 2000, the one-hour daily average concentration of NO2 was 58.41 ppb in the West, compared to 71.5 ppb in the Southwest. In 2014, the one-hour daily average concentration of NO2 was 40.74 ppb in the West, a decrease of 30.2 percent from 2000, compared to 49.35 ppb in the Southwest, a decrease of 30.9 percent from 2000.[37]

West-SW regional comparison.png

Ground-level ozone

Ground-level ozone is created by chemical reactions between nitrogen oxides (NOx) and volatile organic compounds (VOCs) in sunlight. Major sources of NOx and VOCs include industrial facilities, electric utilities, automobiles, gasoline vapors, and chemical solvents. Ground-level ozone can produce health problems for children, the elderly, and asthmatics. Since 2008, federal law has prohibited ozone concentrations from exceeding a daily eight-hour average of 75 parts per billion (ppb). Beginning in 2025, federal law will prohibit ground-level ozone concentrations from exceeding a daily eight-hour average of 70 ppb.[34][38]

The chart below compares the daily eight-hour average concentration of ground-level ozone in the Western and Northwestern regions of the United States between 2000 and 2014. In the chart below, ozone concentrations are measured in parts per million (ppm), which can be converted to parts per billion (ppb). In the West, there were 152 monitoring sites throughout two states, compared to 17 monitoring sites throughout three states in the Northwest. In 2000, the daily eight-hour average concentration of ozone was 0.0817 ppm, or 81.7 ppb in the West, compared to 0.0559 ppm, or 59.9 ppb in the Northwest. In 2014, the daily eight-hour average concentration of ozone was 0.0745 ppm, or 74.5 ppb in the West, a decrease of 8.8 percent from 2000, compared to 0.0569 ppm, or 56.9 ppb in the Northwest, a decrease of 5 percent from 2000.[39]

Northwest-West regional comparison.png


Environmental policy in the 50 states

Click on a state below to read more about that state's energy policy.

http://ballotpedia.org/Environmental_policy_in_STATE

See also

Footnotes

  1. ↑ U.S. Environmental Protection Agency, "Laws & Regulations," accessed November 25, 2015
  2. ↑ U.S. Environmental Protection Agency, "Understanding the Clean Air Act," accessed September 12, 2014
  3. ↑ U.S. Environmental Protection Agency, "Clean Water Act (CWA) Overview," accessed September 19, 2014
  4. ↑ The New York Times, "Clean Water Act Violations: The Enforcement Record," September 13, 2009
  5. ↑ U.S. Fish and Wildlife Service, "Improving ESA Implementation," accessed May 15, 2015
  6. ↑ U.S. Fish and Wildlife Service, "ESA Overview," accessed October 1, 2014
  7. ↑ U.S. Fish and Wildlife Service, "Endangered and threatened species in California," accessed December 23, 2014
  8. ↑ U.S. Fish and Wildlife Service, "Endangered and threatened species in California," accessed December 23, 2014
  9. ↑ The New York Times, "No Endangered Status for Plains Bird," March 5, 2010
  10. ↑ The New York Times, "U.S. Panel Recommends No Protection for Grouse," December 3, 2004
  11. ↑ Salt Lake Tribune, "Utah guv directs state agencies to protect sage grouse," February 10, 2015
  12. ↑ California Department of Fish and Wildlife, "Greater Sage Grouse Conservation Efforts," accessed June 26, 2015
  13. ↑ U.S. Environmental Protection Agency, "Annual EPA Enforcement Results Highlight Focus on Major Environmental Violations," February 7, 2014
  14. ↑ Environmental Protection Agency, "Accomplishments by EPA Region (2013)," May 12, 2014
  15. ↑ U.S. Environmental Protection Agency, "Enforcement Annual Results for Fiscal Year 2012," accessed October 1, 2014
  16. ↑ U.S. Environmental Protection Agency, "EPA Enforcement in 2012 Protects Communities From Harmful Pollution," December 17, 2012
  17. ↑ 17.0 17.1 U.S. Environmental Protection Agency, "Cleaner Power Plants," accessed January 5, 2015
  18. ↑ U.S. Environmental Protection Agency, "Basic Information on Mercury and Air Toxics Standards," accessed January 5, 2015
  19. ↑ U.S. Environmental Protection Agency, "Basic Information on Mercury and Air Toxics Standards," accessed January 5, 2015
  20. ↑ U.S. Environmental Protection Agency, "Mercury and Air Toxics Standards in California," accessed September 9, 2014
  21. ↑ U.S. Environmental Protection Agency, "Benefits and Costs of Cleaning Up Toxic Air Pollution from Power Plants," accessed October 9, 2014
  22. ↑ NERA Economic Consulting, "An Economic Impact Analysis of EPA's Mercury and Air Toxics Standards Rule," March 1, 2012
  23. ↑ U.S. Environmental Protection Agency, "What is Superfund?" accessed September 9, 2014
  24. ↑ U.S. Environmental Protection Agency, "National Priorities List (NPL) of Superfund Sites," accessed October 7, 2014
  25. ↑ U.S. Government Accountability Office, "EPA's Estimated Costs to Remediate Existing Sites Exceed Current Funding Levels, and More Sites Are Expected to Be Added to the National Priorities List," accessed October 7, 2014
  26. ↑ U.S. Environmental Protection Agency, "Estimate of National Economic Impacts of Superfund Sites," accessed September 12, 2014
  27. ↑ Property and Environment Research Center, "Superfund Follies, Part II," accessed October 7, 2014
  28. ↑ Property and Environment Research Center, "Superfund: The Shortcut That Failed (1996)," accessed October 7, 2014
  29. ↑ U.S. Environmental Protection Agency, "Beneficial Effects of the Superfund Program," accessed September 12, 2014
  30. ↑ U.S. Energy Information Administration, "State Profiles and Energy Estimates," accessed October 13, 2014
  31. ↑ U.S. Environmental Protection Agency, "Air Trends," accessed October 30, 2015
  32. ↑ U.S. Environmental Protection Agency, "Basic Information - Ozone," accessed January 1, 2016
  33. ↑ U.S. Environmental Protection Agency, "Carbon Monoxide," accessed October 26, 2015
  34. ↑ 34.0 34.1 34.2 34.3 U.S. Environmental Protection Agency, "National Ambient Air Quality Standards (NAAQS)," accessed October 26, 2015
  35. ↑ U.S. Environmental Protection Agency, "Regional Trends in CO Levels," accessed October 23, 2015
  36. ↑ U.S. Environmental Protection Agency, "Nitrogen dioxide," accessed October 26, 2015
  37. ↑ U.S. Environmental Protection Agency, "Regional Trends in Nitrogen Dioxide Levels," accessed October 23, 2015
  38. ↑ U.S. Environmental Protection Agency, "Ground Level Ozone," accessed October 26, 2015
  39. ↑ U.S. Environmental Protection Agency, "Regional Trends in Ozone Levels ," accessed October 26, 2015
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