Guiding Principles for State Air Pollution Legislation

Abstract

THE AIR SUpplY of our communities Thas been shown to be limited in its capacity to serve as a receptor for air-borne waste products. We now recognize it as a limited resource, and it is now known that abuse of our air supply can have harmful effects on health, comfort, and property. Air pollution control efforts, therefore, are now beginning to be based on the premise that no one has the right to use the atmosphere as a receptor of wastes in a manner which will adversely affect the health, comfort, or property of others. It is recognized too that economic, social, and technical factors are concerned in air pollution control efforts and must be considered in the application of controls and in the appropriate modification of such controls. Since the end of World War II, the increasing interest in the conservation of our air resource has been reflected to some extent by the development of state legislation. Within the last decade, more than 20 states have modified or adopted new legislation on air pollution, and a total of 28 states now have such legislation. Legislative activity at the local level has also increased during this period, and at the national level, Congress has enacted legislation providing for the Public Health Service program of research and technical assistance in air pollution.' It is generally accepted that responsibility for administration of a program for the prevention and abatement of air pollution should be at that level of government capable of dealing with the problem in its entirety. While this may indicate the desirability of air pollution control programs at a local or regional level, due consideration should also be given to the role of the state. It is essential that jurisdictional boundaries be established coincidental with natural geographical and topographical features which may affect air pollution conditions in any local area. The goal of air pollution legislation should be to maintain a reasonable degree of purity of our air resouirces consistent with: