Acid Rain

Acid Rain in the United States

Acid Rain in Environmental Law

A term used to describe abnormally acidic rain.

Although any form of precipitation snow, hail, fog, and others can be acidic, many people use the words acid rain instead of the more comprehensive phrase, acid deposition, to describe this phenomenon. The two phrases will be used interchangeably here.

The problems associated with acid rain are often severe, damaging both natural habitats and manmade structures. Trees and vegetation cannot tolerate highly acidic water, so they show damage quickly before they die. Water bodies, such as lakes and streams, receive not only precipitation, but also runoff. Over time, the change in acidity causes major reductions in fish, aquatic plants, and other aquatic populations. Buildings erode due to acid deposition.

Acidity is measured in terms of pH, a scale that defines the degree of acidity or alkalinity of a solution. Using the scale, a 7 is neutral, showing no signs of either extreme. Numbers lower than 7 indicate acidity, while those above 7 reflect alkalinity. Each descending or ascending number represents a tenfold change in acidity or alkalinity.

Normal rain tends to be slightly acidic from natural causes, but acid deposition is significantly more acidic. The normal pH range of rain water should be between 5.3 and 6.0. Acid rain in the United States has been measured as low as 4.1. It results largely from two pollutants emitted during fossil fuel burning: sulfur dioxide (S02) and nitrogen oxides (NOx). The exact correlation between these emissions and acid rain is disputed, but a link has been established. The primary emitters of large quantities of S02 and NOx are electric utilities.

Acid deposition has been a topic of debate and study since the early 1970s, when scientific investigation verified that acid precipitation was occurring. Acid deposition has had profound effects in Europe, particularly in Germany. In the United States, the problem is most pronounced east of the Mississippi River, where it has affected fish and lakes, forests, crops, soil, and building surfaces. Canada, too, is plagued with acid rain. For years a controversy has raged between Canada and the United States because the acid precipitation falling in Canada appears to originate at U.S. power plants.

The source of acid rain is difficult to pinpoint, since the pollutants are carried long distances by air currents and accumulate to create the problem. For example, a power plant gets a permit to release a certain amount of the pollutants. Other electric utilities with their own permits are emitting the same pollutants simultaneously. If they are located in the same air current, the combined pollutants may be enough to trigger acid deposition, even though each plant stayed below its permitted limit.

In 1990, the Clean Air Act was amended to add a section, Title IV, that deals with acid rain. In the Clean Air Act Amendments of 1990, Congress faced the problem of acid rain, taking the issue away from President George Bush, who had committed only to study the situation. Although he and President Ronald Reagan expressed concern for Canada, neither had moved toward a diplomatic solution.

Two of the goals of Title IV are to greatly reduce emissions from the 1980 levels, with a goal of 10 million tons reduction of S02 and 2 million tons of NOx emissions by the year 2000. The reductions are to be phased in gradually.

Market Based Emissions Control

Some of the emissions control measures in the act are market based, a very different philosophy from earlier approaches. Traditional pollution control measures, which have been called command and control regulations, set numerical limits for pollutants by regulation or permit and require that emissions be controlled at the point of release. In order to comply with these requirements, a company must install pollution control equipment, such as a scrubber, filter, incinerator, or neutralizer.

Although Title IV applies only to electric utilities, other pollution sources may opt into the program. If they do, they become eligible for allowances, but they also become subject to all the other details of the provision.

The controversial market based approach in the Clean Air Act Amendments of 1990 treats discharges of SOz as a type of asset called an allowance, defining one allowance as one ton. Title IV requires the Environmental Protection Agency (EPA) to give allowances of S02 to utilities; in fact, utilities are listed by name in the act. The EPA also holds a number of allowances itself, which it must offer at a public auction.

If a utility does not use its allowance, it may hold it, trade it, sell it, or offer it at the EPA’s auction. A trade is not effective until it is registered with the EPA. A new utility may purchase allowances from the EPA, but in order to qualify, it must show that it tried and failed to obtain allowances on the open market. Allocations for new power generators are specifically set aside for that purpose and are not included in the auctions.

The first deadline for reductions of SOz is 1995, though extensions until 1997 may be granted to utilities that are developing alternative power sources, with emphasis on renewable energy, as well as clean coal technology. Permits will be issued for businesses that are regulated, and they must establish a continuous emission system to monitor emissions. The final deadline for reductions in SOz is 2000, with extensions available only until 2003. The total annual allowances are capped at 8.95 million tons of SOz.

The penalties for exceeding allowances are very steep. The violator must pay the permitting authority $2,000 per ton without demand, and its next year’s allowance will be reduced by the excess amount. In addition, it must pay the penalties that the EPA or state agency can assess for violating the permit.

The penalties for exceeding allowances are very steep. The violator must pay the permitting authority $2,000 per ton without demand, and its next year’s allowance will be reduced by the excess amount. In addition, it must pay the penalties that the EPA or state agency can assess for violating the permit.

The allowance provisions of the Clean Air Act Amendments of 1990 received a mixed response. Many people believe the command and control measures have had very limited success in reducing pollution. Some environmental organizations, such as the National Wildlife Federation, have lobbied for the market based approach, hoping to find a more effective system of pollution control. However, treating pollution as a commodity bothers many environmentalists.

Reduction of NOx

One peculiarity of NOx control is the restriction placed on the EPA. The EPA cannot require more stringent technology than lowNOx technology or a technology equivalent in cost. Also, the permitting authority can relax the standards if it can show that the technology}/ does not exist to meet the emission limits.
Based on “Environment and the Law. A Dictionary”.

Acid Rain in State Statute Topics

Introduction to Acid Rain

The purpose of Acid Rain is to provide a broad appreciation of the Acid Rain legal topic. Select from the list of U.S. legal topics for information (other than Acid Rain).

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