The Clean Air & Stack Emissions

The Clean Air Act of 1970 (CAA), signed into law only a month before the EPA began operations, gave the EPA significant new powers to establish and enforce national air quality standards and to regulate air pollution emitters from smokestacks to automobiles. To take just one of many examples, under the CAA, the EPA began phasing out leaded gasoline to reduce the amount of poisonous lead in the air. The Clean Water Act of 1972 (CWA) did for water what the CAA had done for air—it gave the agency dramatic new authority to establish and enforce national clean water standards. Under these laws, the EPA began an elaborate permitting and monitoring system that propelled the federal government—welcome or not—into almost every industry in America. The EPA promised industry a chance to make good faith efforts to implement the new standards, but warned that federal enforcement actions against violators would be swift and sure.

The EPA also took quick action under other new environmental laws. The Federal Insecticide, Fungicide, and Rodenticide Act of 1972 (FIFRA) authorized the agency to regulate a variety of chemicals found in pesticides. Under its authority, the EPA banned the use of DDT, once viewed as a miracle chemical and sprayed in neighborhoods across America to stop the spread of malaria by killing mosquitoes, but later discovered to cause cancer and kill birds. The use of DDT had driven many avian species, including the bald eagle, to the brink of extinction and had inspired Rachel Carson to write Silent Spring (1962), which many credit as the clarion call for the modern environmental movement. In 1974, the passage of the Safe Drinking Water Act (SDWA) supplemented the CWA by granting the EPA power to regulate the quality of public drinking water.

The EPA's regulatory powers, however, did not stop with air, water, and pesticides. In 1976, Congress passed the Resource, Conservation, and Recovery Act (RCRA), which authorized the agency to regulate the production, transportation, storage, and disposal of hazardous wastes. That same year, Congress passed the Toxic Substance Control Act (TSCA), authorizing the EPA to regulate the use of toxic substances. Under TSCA, the EPA, for example, began the phase out of cancer-causing PCB production and use. The leaking of chemical containers discovered at Love Canal, New York, in 1978 drew the nation's attention to the problem of hazardous and toxic wastes already disposed of unsafely in sites across the country. To address this problem, Congress in 1980 enacted the Comprehensive Environmental Response, Compensation, and Recovery Act (CERCLA), which provided a federal Superfund for hazardous waste cleanup and authorized the EPA to identify contaminated sites and go after those responsible for the contamination.