The Functions of Overlapping Pollution Control Federalism

2019 ◽  
pp. 77-100
Author(s):  
Alejandro E. Camacho ◽  
Robert L. Glicksman

Using the federal pollution control laws as examples, this chapter explores the significance of governmental function in understanding and prescribing overlapping authority. It begins by showing how characterizations of pollution control federalism have neglected functional jurisdiction, either by overlooking the extent of overlap entirely or, more recently, by overlooking the extent to which agencies' substantive and functional jurisdictions overlap. It then argues that assessments of pollution control federalism have routinely ignored the value of distinguishing among different regulatory functions in assessing the extent to which jurisdiction should overlap or be distinct. Finally, the chapter asserts that policymakers should systematically and explicitly distinguish among functions in deciding the extent to which authority should overlap. Focusing on functional jurisdiction thus provides opportunities to tailor the extent of overlap for each function to correspond to the concerns and opportunities that relate to the performance of that function.

1982 ◽  
Vol 11 (1) ◽  
pp. 55-65 ◽  
Author(s):  
Paul B. Downing ◽  
James N. Kimball

Author(s):  
Devin M. Wachowiak ◽  
Jason D. Wilson

Coal fired power plants are faced with increasingly strict air quality control laws and EPA rules. New multi-pollutant legislation is controlling a wider range of emissions, especially sulfur compounds. A significant number of flue gas desulfurization (FGD) units worldwide employ wet scrubbing to reduce sulfur dioxide emissions by more than 90 percent. Wet scrubbing has also been found to be effective at removing mercury in many cases. Due to the inherent contaminants generated by the combustion of coal, wet FGD’s require the use of corrosion resistant materials in their construction. A variety of metallic corrosion resistant alloys are currently used in these pollution control systems. This paper will review the use of AL-6XN and Zeron 100 alloys in various FGD applications around the world. Examples of AL-6XN and Zeron 100 in actual service in FGD units will be presented. AL-6XN and Zeron 100 are alloys that have been chosen for these systems when conditions are too severe for either 316L stainless steel or 2205 duplex stainless steel. Experimental data will be reviewed that supports the use of these alloys in the high chloride containing environments encountered by the many components of the pollution control systems. AL-6XN and Zeron 100 alloys have proven to be cost effective materials of construction that fill the gap between the lower alloyed stainless steels such as 317L, 904L, and 2205, and the high molybdenum and nickel based alloys such as C-276. As AL-6XN and Zeron 100 alloys are established materials of construction, they are readily available in product forms necessary to complete an FGD system.


Author(s):  
Sharon Levy

On a May morning in 1957, ten thousand fish floated on the eastern edge of San Francisco Bay, their pale, upturned bellies bobbing on the surface of the dark water. The crowd of carcasses described an arc that stretched along the shore from Richmond’s harbor south to Point Isabel. Many striped bass, a prized game fish, were among the dead. Seth Gordon, director of California Department of Fish and Game (DFG), fielded complaints from anglers outraged by the fish kill. The Public Health Committee of the State Assembly passed a resolution admonishing DFG for its failure to enforce pollution control laws. Gordon told the committee members off. “We want to stop pollution,” he said, “but the law as it stands puts our Department in the position of a boxer going into the ring with one hand tied behind his back.” The ability to set and enforce pollution standards rested with California’s nine regional water pollution control boards. To effect any change, Gordon’s department had to prove to the boards’ satisfaction that pollution allowed by existing standards was harmful to fish, a challenge that had so far proved impossible. Responding to questions about the East Bay fish kill, he said, “We still don’t know what caused the die-off, or where it came from.” David Joseph was then starting out as a DFG biologist, armed with a doctorate in marine biology from the University of California at Los Angeles. Born in Connecticut, on a cooperative farm where his parents raised dairy cows and shade-grown tobacco with other immigrant Russian Jews, he’d grown up in Inglewood, in southern California, when the place was still a bucolic town and he could ride his horse to the beach. He’d met his wife, Marion, when they were both students at UCLA. “He was an outdoor guy,” she remembers. “He wasn’t a fisherman, he just loved the sea, loved the land. His work was always going to have something to do with protecting the environment.”


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