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Title: Escaping the regulatory dust bowl: fugitive dust and the Clean Air Act

Journal Article · · Nat. Resour. Lawyer; (United States)
OSTI ID:5333547

The Environmental Protection Agency's (EPA's) regulatory program, as it relates to particulates, is overly complicated. In attempting to accommodate statutory language insensitive to particulate differences, after becoming aware of the varying effects of different-sized particles, EPA has developed an unworkable program. Although agricultural, recreational, transportation, and industrial activities contribute to the airborne dust (or, in the Clean Air Act vernacular, fugitive dust), this article focuses on mining activities. Surface mining inevitably stirs up considerable fugitive dust, and a description of mining activities in arid conditions, and how they fit in with a developing regulatory program, reveals a story of a national program that fails to provide for rational policy and regional flexibility. The article also recommends some regulatory and statutory solutions that could relatively easily correct EPA's fugitive dust program.

OSTI ID:
5333547
Journal Information:
Nat. Resour. Lawyer; (United States), Vol. 14:3
Country of Publication:
United States
Language:
English