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Environmental Regulation and the Border
desert ecosystem. They also expressed concerns about the border
becoming a pollution haven in that pollution-intensive operations
would relocate to the border to avoid strict U.S. environmental laws
(Wheeler 2001). This, coupled with increased industrial output,
would cause an environmental disaster.
Transborder Pollution
The 1990 amendment to the Clean Air Act includes a provision,
Section 179B, which provides an exception from National
Ambient Air Quality Standards (NAAQS) when the U.S.
Environmental Protection Agency (EPA) determines that pollution
is from an international source. Under the law, if the EPA
administrator is satisfied that the area is in attainment except
for emissions emanating from outside the United States, then
the area is considered in attainment.
To date, two areas have been considered exempt from provisions
of the act under Section 179B—El Paso and Imperial
Valley. In both cases, the pollutant in question is PM 10 . 1 For El
Paso, the state of Texas found that El Paso would be in compliance
except for sources emanating from Ciudad Juárez (TNRCC
2000). As of July 2002, EPA had not taken action on El Paso’s
179B status. In the case of the Imperial Valley, the finding was
that the area was in nonattainment from domestic sources, a status
the area has had since 1994, but that the area was not in
serious noncompliance (EPA 2001). Had a 179B exemption not
been granted, reclassification to serious status was likely, which
would trigger more stringent environmental actions (Earth
Justice 2000). The Imperial Valley’s 179B status, coupled with
the Sempra and InterGen power plant controversies (see box,
page 37), have roiled environmentalists.
Those critical of the 179B provision complain that regardless
of the source of a pollutant, areas that do not meet NAAQS
expose residents to unacceptable health risks. Thus, the source
of a pollutant is irrelevant.
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