13 Laws - LIVING WITH THE EARTH Objectives for this Chapter...

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Unformatted text preview: LIVING WITH THE EARTH Objectives for this Chapter A student reading this chapter will be able to: 1. Discuss how a law is made and describe the system Discuss how law is made and describe the system of environmental laws. 2. List and describe the major components of the List and describe the major components of the major federal environmental laws including: RCRA, CERCLA, EPCRA,SARA Title III, Pollution Prevention Act, CAA, CWA, SDWA, stormwater regulations, pesticide regulations, and underground storage tank regulations. Objectives for this Chapter A student reading this chapter will be able to: 3. Describe and discuss the major components of Describe and discuss the major components of environmental compliance. The Making of a Law • Bill is first introduced into house and senate; to subcommittee for review and support; • Referred to subcommittee for review and support; – 90% fail at this level bills are brought forward for • Recommended bills are brought forward for hearings and comment; • Committee meets to mark up (discuss) bill and meets to mark up (discuss) bill and vote on it; • If still found favorable, bill is sent to full chamber; The Making of a Law (cont.) • The bill is then sent to the Rules committee of House where a time limit is set for debate and other rules are set. • The bill is also sent to the Senate where unrelated riders may be attached to a popular bill. • House and Senate usually make changes and Senate usually make changes in the bill before passing, and the different versions are sent to a conference committee for resolution. BILL SENATE HOUSE Rules committee BILL BILL Senate version House version CONFERENCE COMMITTEE The Making of a Law (cont.) CONFERENCE COMMITTEE • If a resolution is accepted and the same version is approved by both House and Senate, the bill moves forward bill mo for to the President who may sign or veto it. may sign or veto it. • Congress can override a veto by 2/3rds majority, but this is difficult to do. BILL SENATE HOUSE If both Chambers approve final version, the bill is sent forward to the president PRESIDENT Veto? Sign? Common Themes Among Environmental Laws • EIGHT GENERIC COMPLIANCE GENERIC COMPLIANCE OBLIGATIONS – 1. Notification requirements Notification requirements – 2. Discharge or waste controls – 3. Process controls and pollution prevention Process controls and pollution prevention – 4. Product controls – 5. Regulation of activities Regulation of activities – 6. Safe transportation requirements – 7. Response and remediation requirements – 8. Compensation requirements Environmental Laws are Part of a System • ENVIRONMENTAL LAW ENCOMPASSES ALL THE ENVIRONMENTAL PROTECTION THAT COMES FROM: – U.S. CONSTITUTION AND STATE CONSTITUTIONS – FEDERAL AND STATE STATUTES AND LOCAL ORDINANCES – REGULATIONS PUBLISHED BY FEDERAL, STATE AND LOCAL AGENCIES – PRESIDENTIAL EXECUTIVE ORDERS – COURT DECISIONS INTERPRETING THESE LAWS DECISIONS INTERPRETING THESE LAWS – THE COMMON LAW Executive Orders • These are orders issued by the president and require federal facilities to comply and require federal facilities to comply and provide leadership in protecting the environment More than 18 executive orders environment. More than 18 executive orders have been issued since 1970. Common Law • A body of rules and principles that pertain to the government and the security of to the government and the security of persons and property. • Basic rules originally developed in England rules originally developed in England and then brought to American Colonies. Under Common Law – Tort • A private wrong or wrongful act for which the f injured party can bring forth a a civil action. – Nuisance – Trespass – Negligence Resource Conservation and Recovery Act (RCRA) • The Resource Conservation and Recovery Act (RCRA) was passed as (RCRA) an amendment in 1976 to the SWDA originally promulgated in 1965. 1965 • There are three subchapters. Subchapter C establishes a system for controlling hazardous waste from the point of generation to the ultimate disposal. RCRA: Two main concepts are addressed dd • (1) the dangers posed to human health and the environment by improper waste disposal the environment by improper waste disposal and • (2) the conservation of valuable energy and the conservation of valuable energy and resources. (Title 40 Part 260 et seq. of the Code of Federal Regulations contains the Code of Federal Regulations contains the RCRA regulations) Defining Waste Under RCRA • Hazardous waste – LISTED: Listed in the CFR,Title 40, Part 261 – CHARACTERISTIC: Not listed but meeting certain criteria for ignitability, corrosivity reactivity corrosivity, reactivity, or toxicity. Hazardous Waste Generator Criteria More than 1000 kg More More than 100 kg Less than 100 kg Large Quantity Generator Small Quantity Generator Conditionally Exempt Generator Resource Conservation and Recovery Act (RCRA) (RCRA) • Tracking Hazardous Waste (Fig 13 Waste (Fig 13.1) – Tracking is accomplished by accomplished by using a paper trail created by shipping manifests called the Uniform Hazardous Waste Manifest. Resource Conservation and Recovery Act (RCRA) (RCRA) • Other Requirements Under RCRA – Accurate record keeping record keeping – Proper labeling, shipping Comprehensive Environmental Responsibility, Compensation and Li Liability Act (CERCLA) or (CERCLA) (Superfund) (Superfund) • Steps in Superfund: Find, in Superfund: Find, Prioritize, and Clean – Identification of sites contaminated of sites contaminated with hazardous substances. – Setting priorities for cleanup is based on the National Oil and Hazardous Substance Pollution Contingency Plan (National Contingency Plan; 40 Code (National Contingency Plan; 40 Code of Federal Regulations part 300). Steps in Superfund: Find, Prioritize, and Clean Cl • Identification of those parties responsible for site contamination. “Potentially responsible parties” and “responsible parties” identified by EPA and state agencies can be required to finance cleanup state agencies can be required to finance cleanup activities, either directly or through reimbursement of federal Superfund expenditures. Emergency Planning and Community Right-to-Know (SARA Titl III) (SARA Title III) • In response to the Bhopal, India th Bh disaster, US federal, state, and local governments created a variety of laws to improve accident prevention and emergency response planning activities by chemical-handling facilities and local governments. Emergency Planning and Community Right-to-Know (SARA Titl III) (SARA Title III) • "Right-to-Know" laws increased public access to increased public access to information about the storage and use of storage and use of hazardous chemicals. MSDS (Material Safety Data (Material Safety Data Sheets) on hazardous chemicals in the workplace chemicals in the workplace must be made available to employees in the workplace Transportation of Hazardous Transportation of Hazardous Materials • DOT regulates the transportation of hazardous transportation of hazardous wastes and materials. • Packaging, labeling and labeling and construction requirements are defined under HTMA and are defined under HTMA and must now meet United Nations UN) Nations UN) recommendations. Pollution Prevention and Improved Waste Management Programs • The Pollution Prevention Act of 1990 • Source reduction" is the deliberate decrease in the amounts of hazardous substances which enter the environment via recycling, treatment or disposal.” Pollution Prevention and Improved Waste Management Programs • Source reduction must be reported by facilities generating over certain facilities generating over a certain amount of toxic emissions during the previous calendar year previous calendar year. Toxic Substances Control Act (TSCA) (TSCA) • TSCA mandates that manufacturers of chemicals develop safety and health chemicals develop safety and health data on chemicals and mixtures. • Requires the USEPA to regulate the USEPA to regulate chemical substances and mixtures that present an unreasonable risk of injury to present an unreasonable risk of injury to health and the environment. PCBs, Asbestos, CFCs, Dioxins Asbestos CFCs Dioxins Regulation of Underground St Storage Tanks • The federal UST law is a component of the Hazardous and Solid Waste Amendments Hazardous and Solid Waste Amendments of 1984 (HSWA) under the Resource Conservation and Recovery Act (RCRA) Conservation and Recovery Act (RCRA). • A UST is any tank or underground piping connected to the tank that has minimum connected to the tank that has a minimum of 10% of its volume located underground (Fig 13 (Fig 13-4). Regulation of Underground St Storage Tanks • must have spill and overfill protection; • new USTs and associated piping must have leak detection provisions; • new petroleum USTs may continue to be single-lined (primary containment only), whereas USTs containing other hazardous containing other hazardous substances must be double-lined . Pesticide Regulation • The basic national framework for pesticide control is provided by the Federal control is provided by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (FIFRA) • The USEPA uses the authority under FIFRA to collect information necessary to FIFRA to collect information necessary to register and control the "active ingredients" in pesticides while state and local agencies in pesticides, while state and local agencies control the registration and actual use of the pesticides themselves Ai Air Quality Control • National framework for protecting air quality was created by the Federal quality was created by the Federal Clean Air Act (CAA), and amendments. 1990 Amendments to Clean Air Act Ai • Title I—Provisions for Attainment and Maintenance of the NAAQS Maintenance of the NAAQS. – Emissions standards for new and modified sources of air contaminants are set by the sources of air contaminants are set by the USEPA. – Other Related Programs Established Under Recent Air Quality Regulations: • Ozone, Particulates 1990 Amendments to Cl Clean Air Act Ai • Title II—Provisions Relating to Mobile Sources Sources. – Vehicle Emissions Requirements – Inspection/Maintenance Requirements Requirements – Reformulated Gasoline Requirement 1990 Amendments to Clean Air Act Ai • Title III—Hazardous Air Pollutants – A list of 189 toxic air pollutants for which list of 189 toxic air pollutants for which emissions must be reduced is included in this law. – Area-wide control strategies must be formulated by the USEPA by the year 2000 1990 Amendments to Cl Clean Air Act Ai • Title IV regulates the sources of acid deposition deposition. – Emissions of SO2 and NOx from fossil fuelfired electric utility plants are the leading electric utility plants are the leading cause of acid deposition. 1990 Amendments to Cl Clean Air Act Ai • Title V—Permits. – For the first time, a nationwide program of the first time nationwide program of air emissions permits had been established by the 1990 amendments. 1990 Amendments to Cl Clean Air Act Ai • Title VI—Stratospheric Ozone Protection Ozone Protection. – A complete production phaseout of ozone phaseout of ozonedepleting chemicals (especially CFCs and halons) is required by Title VI. Ozone Chlorine CFCs 1990 Amendments to Cl Clean Air Act Ai • Title VII—Provisions Relating to Enforcement Enforcement. – The Amendments contain a broad array of provisions which brings the law up to date provisions which brings the law up to date to with the other major environmental statutes and thus makes the law more readily enforceable. Water Quality Control • Goals of the Clean Water Act are to eliminate the discharge of pollutants into eliminate the discharge of pollutants into surface waters and to achieve water quality which provides for the quality which "provides for the protection and propagation of fish, shellfish and wildlife and for shellfish and wildlife," and "for recreation in and on the water.” Water Quality Control • The second major focus is that of water quality quality-based controls. controls – The discharger applies the required technology technology-based standards to the facility standards to the facility through application of a comprehensive permitting scheme known as the National Pollutant Discharge Elimination System (NPDES). St Stormwater • The runoff and pollutants enter storm drains and are th di then discharged into receiving waters. • November 16, 1990, the USEPA published a final rule in the Federal Register (55 CFR 47990) that contains permit requirements for St Stormwater • Oil and Hazardous Substance Spill and Reporting Requirements Reporting Requirements. CWA contains specific provisions regulating the handling of oil and regulating the handling of oil and hazardous substances. Compliance Strategies St • There are criminal penalties for non for non-compliance with with environmental health and safety programs safety programs. • The most effective protection against aggressive against aggressive enforcement and other efforts to assess liability is to assess liability is aggressive compliance. Compliance Strategies St • Environmental law compliance is a responsibility of everyone responsibility of everyone. • Demonstrate a concern for compliance by providing appropriate education and by providing appropriate education and training. Compliance Strategies St • Prevention of violations and minimization of liability through minimization of liability through aggressive implementations of environmental objectives environmental objectives. • Periodic "audits" to verify compliance and identify areas that can be improved and identify areas that can be improved upon. Trends in Regulatory Compliance • The USEPA has developed target strategies based on the quantity and strategies, based on the quantity and severity of toxic materials discharged, emitted or disposed of by facility as emitted or disposed of by a facility as reported under the Community-Right-toKnow Act. Act • The USEPA will likely focus on repeated violations and evidence of suspicious violations and evidence of suspicious self-reporting. ...
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This note was uploaded on 07/15/2011 for the course PHC 6357 taught by Professor Mlynarek,s during the Summer '08 term at University of South Florida - Tampa.

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