Air Pollution Law 42 1any operating records at all that would enable an independent assessment of past
compliance. In other states, although many sources tend to keep good operating records,
they are not required to do so by the control agency.
An agency’s ability to detect violations of emission requirements may be critical
to the success of its regulatory effort. However, many agencies rely on surveillance by
sight and smell as opposed to stack testing or monitoring. For example, air pollution
control agencies often issue notices of violation for such problems as odor, dust, and
excessive visible emissions, even though it is recognized that this approach neglects
other, perhaps more detrimental, pollutants.
The emitters of air pollution also face problems in complying with regulations.
Although most large stationary sources of pollution have installed control equipment,
severe emission problems may be caused by design or upsets either with the control
equipment or in the production process. Poor design of the control equipment is proba-
bly the primary cause of excess emissions in the greatest number of sources, followed
by process upsets and routine component failure. Other causes of excess emissions
include improper maintenance, lack of spare parts, improper construction materials,
and lack of instrumentation. Different industries generally experience wide variations
in the frequency and duration of excess emissions.
CONCLUSIONAir pollution law is a complex web of common and statutory law. Although common
law has offered and continues to offer checks and balances between polluters and
economic development, shortcomings do exist. Federal statutory law has attempted to
fill the voids and, to a certain extent, has been successful in cleaning the air. Engineers
must be aware of the requirements placed on industry by this system of laws. Particular
attention must be paid to the siting of new plants in different sections of the nation.
PROBLEMS21.1 Acid rain is a mounting problem, particularly in the northeastern states.
Discuss how this problem can be controlled under the system of common law, and
compare this approach with the remedy under federal statutory law.
21.2 Pollution from tobacco smoke can significantly degrade the quality of certain
air masses, and many ordinances exist that limit where one can smoke. Develop sample
town ordinances to improve the quality of air (a) in shopping malls, and (b) over the
spectators at both indoor and outdoor sporting events. Rely on both structural and
nonstructural alternatives, i.e., solutions that mechanically, chemically, or electrically
clean the air, and solutions that prevent all or part of the pollution in the first place.
21.3 Would you favor an international law that permits open burning of hazardous
waste on the high seas? Open burning refers to combustion without emission controls.
Would you favor such a law if emissions were controlled? Discuss your answers in