Regulation of air toxics in West Germany and the United States : a comparative analysis of environmental standard setting

Abstract

Through an analysis of the regulatory proceedings for four case studies (including two air toxics-- cadmium, and dioxins in municipal waste incinerators), the authors found that the regulatory processes for promulgating control standards for hazardous air pollutant and other air emissions in the Federal Republlc of Germany (FRG) and the United States of America (US) have some surprising similarities and significant differences. The differences appear to be based in both culture, and legal frameworks; therefore, the advantages of either system do not appear to be transferrable without significant changes. The authors further conclude that the transfer of information between the US and the FRG about pollution control technologies, health effects studies and other regulatory developments appear to have had, and no doubt will continue to have, the greatest impacts on the regulatory processes between the two countries. Regarding standard-setting for air toxics, the FRG has regulated more air toxics at the national level than the US. This paper briefly summarizes the basic air pollution control laws in the FRG, summarizes the FRG standard-setting processes and compares the standard-setting processes of the US and the FRG.