Federal and State Environmental Policy on Air Pollution in Texas

This essay delves into the contentious issue of air pollution and environmental policy, specifically focusing on the state of Texas and its ongoing conflict with federal regulations. The paper highlights the federalist structure of the United States and how it impacts environmental policies, particularly regarding air pollution permits. It examines the controversial flexible air pollution permit system in Texas, which allows facilities to exceed individual emission limits as long as the overall emissions remain within federal standards. The essay discusses the EPA's challenges to this system and the ensuing political disputes. It explores the significance of air pollution in Texas, given its high concentration of refineries and the implications of the state's contribution to the problem. The paper then analyzes various policy options, including abolishing flexible permits, imposing federal air quality standards, and transitioning from a carbon tax to a cap-and-trade system. It considers the economic implications of each approach, weighing the potential financial detriments against the benefits of improved air quality. The essay concludes by emphasizing the need for collaboration between state and federal governments to address environmental concerns effectively, prioritizing both economic and environmental feasibility.

Running head: ENVIRONMENTAL POLICY AND AIR POLLUTION
Environmental policy and Air pollution
Name of the student:
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Author note

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The constitution of United States provides for the concept of federalism within the country.
This is a system where powers are divided between the states and the federal government. In the same
way powers of the government are divided in the United States between the state and the federal
government. The government policies in the US are of a mixed nature. The system consists of various
policies such as the environment policies. The states and the federal government take various
initiatives to address the issue regarding the environment. However the paper only discusses
provisions related to air pollution policies. There have been many problems in relation to federal
policies and policies made by the state government of Texas. Environment regulators in Texas and
Federal officials are involved in an increasingly bitter politicized fracas publically which has arose
from dispute about the air pollution permitting rules of the state into a battle for state rights. Last
month the Environment Protection Agency of the US struck down a sixteen year old program of the
state in relation to the air pollution permitting rules in oil, chemical and gas manufacturing heartland
of the state. The situation lead to the conflict reach its tipping point.
According to Dechezleprêtre, Antoine, and Matthieu Glachant Texas Commission on
Environmental Quality’s (TCEQ) has a controversial system which allows the issue of flexible air
pollution permits through which a general emission cap for the facility was allowed rather than any
specific emission limit for every units in the plant. Under this system there may be a issue that one of
the section emits more pollution than the limit which has been set by the federal government until the
emission of the entire factory is within the limit of the federal air quality standards.
As stated by McDonald-Buller et al., the program of flexible permits which had been established by
former Gov. Ann Richards was submitted for a review under the EPA in 1994. Ever since the TCEQ
has been issuing permits without attaining federal approval. Deadlines had been missed repeatedly by
the presidents which in relation to making a decision for Texas permitting programs. Under the Clean
Air Act more than 1500 facilities in Texas have been categorized as major air pollutants which
include petrochemical plants and refineries which line up the Houston ship channel. According to the
law these facilities need federal operating permits. However the states also have the authority to
design their own permitting system and thus a situation of conflict is established. A notice had been

2ENVIRONMENTAL POLICY AND AIR POLLUTION
sent by the EPA to the holders of flexible permits about their obligations to comply with the federal
provisions. A more forceful message had been sent to Texas during the Obama government that they
are not in compliance with the federal air quality requirements.
According to Jones, Robert P., Daniel Cox, and Juhem Navarro-Rivera Air pollution is a major
problem for not just the United States but the whole worlds. 15% of the total refineries in US are
located in Texas therefore the state is one of the major contributors of air pollutions. The way in way
in which establishments in the state are contributing to air pollution is becoming a concern for the
nation and therefore the situation requires immediate attention. In addition the dispute in relation to
policies between the state and the federal government may also bitter the relationship between them
so while addressing the issue of air pollution, relationship issue also has to be considered. However
the recent issues such as climate change and global warming have increased the urge of addressing the
environmental issues for the global benefits.
T heir are various options which may be considered while addressing the issue of air pollution in the
state of Texas. This section of the paper discusses such policy option in the light of their advantages
and disadvantages. While drafting policy measures to control air pollution the economic interest of the
state also needs to be considered. Policies therefore should not be of a nature which puts Texas in an
economic disadvantage as compared to the other states.
The state’s air quality permits have to be abolished and those facilities which continue their operations
under such permits have to be invalidated. Any facility which continues to work under the flexible
permits has to be asked to shut down their operations. The federal standards of air quality need to be
imposed. In the given situation Texas may be subjected to financial detriments in relation to the
economic aspect as industries may not be able to function properly. However the decision would
enhance the ability of the government to provide the citizens of Texas with healthy air which have are
provided to other states under the provisions of the Clean Air Act. According to Dechezleprêtre,
Antoine, and Matthieu Glachant such actions are going to result in costly and onerous regulations
for employers without enhancing the air quality by much.

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Another option which may be considered for the purpose of addressing the issue is moving from a
carbon tax system to a cap and trade system. Through the carbon tax system it cannot be guaranteed
that the funds are utilized for the reduction of carbon and in addition no reduction in emission is
required. The cap and trade system would ensure that carbon emission is prevented in the state
keeping the air free from pollution. The system although may not be economically feasible but would
reduce carbon emission like it is in other states.
Therefore form the above discussion it is clear that the state should change its flexible permit policy
and also the carbon emission system as it is the need of the hour.
From the above discussion it can be concluded that the concern of air pollution in the state is very and
there is a conflict between the state and the federal policies towards addressing the issue. The state
and federal government must keep aside ego and grievances and focus on solving the environmental
concerns by enacting polices which are economically as well as environmentally feasible for both the
state and federal government

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Reference:
Dechezleprêtre, Antoine, and Matthieu Glachant. "Does foreign environmental policy
influence domestic innovation? Evidence from the wind industry." Environmental and
Resource Economics 58.3 (2014): 391-413.
Jones, Robert P., Daniel Cox, and Juhem Navarro-Rivera. "Believers, sympathizers, and
skeptics: why Americans are conflicted about climate change, environmental policy and
science: findings from the PRRI/AAR religions, values, and climate change survey." (2014).
McDonald-Buller, E., Kimura, Y., Craig, M., McGaughey, G., Allen, D., & Webster, M.
(2016). Dynamic Management of NO x and SO2 Emissions in the Texas and Mid-Atlantic
Electric Power Systems and Implications for Air Quality. Environmental science &
technology, 50(3), 1611-1619.

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