Title: Environmental Regulations
1CHAPTER 4
- Environmental Regulations
2Growth of Major Environmental Laws in the U.S.
3Changes in U.S. Environmental Regulations
4Regulatory Process
- Laws are developed by Congress and ratified by
the President - Federal statutory law compiled in the United
States Code of Federal Regulations (CFR) - Statutes are general in content
- Details are provided by the implementing
regulatory agencies in regulations which are
published in Federal Register and compiled in the
CFR
5What is Environmental Law?
- Environmental Law encompasses all the
protections for our environment that emanate from
the - United States Constitution
- State Constitution
- Federal, state, local ordinances
- Federal, state, local regulations
- court decisions interpreting these laws
regulations - the common law
6Laws Affecting The Production And Use Of A Product
7Clean Air Laws
- Air Pollution Control Research and Technical
Assistance Act 1955, no regulatory authority - research on the effects of air pollution by PHS
- provision of technical assistance to the states
by the Federal government - training of individuals in the area of air
pollution - Clean Air Act 1963, 67, 70, 77, 90
- protect and enhance air quality so as to promote
the public health and welfare and the productive
capacity of the general population
8Clean Air Act63
- Recognized the need for federal control
- Acceleration of research and training program
- Matching grants to states and local agencies for
air pollution regulation programs - Developing air quality criteria
- Initiating efforts to control air pollution from
all federal facilities - Federal authority to abate interstate air
pollution - Encouraged efforts on the part of automotive
companies and the fuel industries to prevent air
pollution
9Clean Air Act65
- addition of Title II, The Motor Vehicle Air
Pollution Control Act (PL 89-272, 79 Stat. 991) - federal emission standards for new vehicles
10Clean Air Act70
- Clean air throughout the nation by July 1975
- Additional money to conduct research
- NAAQS established by EPA
- Designation of AQCRs
- SIPs implemented within 3 yrs
- NESHAPS established
- Industry required to monitor and maintain
emission records. EPA given right to entry and
data review. - Fines and criminal penalties for air pollution
violations imposed - Automotive emissions 90 reduction of CO for
1975 models, 90 reduction in NOx by 1976 model
cars - Aircraft emissions standards were established
- Citizen suits allowed
- EPA authorized to study noise pollution
11Clean Air Act77
- Non-attainment areas to submit revised SIP by
July 1,1979 so as to be in attainment by Dec. 31,
1982 - NSPS established
- PSD established
- EPA permit system introduced and banking allowed
- Non-attainment regulations introduced
12Decreases In Emissions, 86-95
Decreases in ambient air Decreases in
emissions concentration Pollutant
()
() Carbon monoxide 16
37 Lead 32 78 Nitrogen oxides 3
14 Ozone - 6 Particulates 17
22 Sulfur dioxide 18 37
13National Ambient AirQuality Standards
Pollutant Value Type Ozone 0.12 ppm (1-hr
ave.) Primary secondary Carbon monoxide 9 ppm
(8-hr ave.) Primary 35 ppm (1-hr
ave.) Primary Particulates 50 ug/m3 (annual
mean) Primary secondary Sulfur dioxide 0.14
ppm (24-hr ave.) Primary 0.03 ppm (annual
mean) Primary 0.50 ppm (3-hr
ave.) Secondary Nitrogen dioxide 0.053 ppm
(annual mean) Primary Secondary Lead 1.5
ug/m3 (quarterly ave.) Primary Secondary
14Toxic Air Pollution Emissions in the U.S. by
Source, 1990
15Phase-out Schedule for Ozone-Destroying Chemicals
16Clean Air Act90
- Divided into 11 different titles
- Nonattainment
- Mobile Sources
- Air Toxics
- Acid Rain
- Permits
- Stratospheric Ozone Protection
- Enforcement
- Miscellaneous Provisions
- Clean Air Research
- Reserved
- Employment Transition Assistance (NEW Provision)
- New provisions for Ozone and PM2.5
17Water Laws
- Federal Water Pollution Control Act is the
primary legislation - Originally passed in 1948, but totally rewritten
in 1972 - Modified in 1977 to include toxic water
pollutants and renamed as Clean Water Act - CWA revised in 81, 87 (water quality act added)
and is presently under review
18Clean Water Act
- Act has five main elements
- a permit program
- a system of minimum national effluent standards
for each industry - water quality standards
- provisions for special problems such as toxic
chemicals, oil spills etc. - a construction grant program for POTWs
19Clean Water Act(Goals Objectives)
- Achieve a level of water quality which provides
for the protection and propagation of fish,
shellfish, and wildlife, and for recreation in
and on all waters by 1 July 1983 - Eliminate the discharge of pollutants into US
waters by 1985 (section 101)
20National Priority Drinking Water Standards
21National Priority Drinking Water Standards
22National Priority Drinking Water Standards
23National Priority Drinking Water Standards
24Clean Water Act(Mechanisms)
- NPDES
- A permit program requiring dischargers to
disclose the volume and nature of their
discharges, authorizing EPA to specify the
limitations to be imposed on such discharges,
imposing on dischargers an obligation to monitor
and report as to their compliance or
non-compliance with the limitations so imposed,
and authorizing EPA and citizen enforcement in
the event of non-compliance.
25Clean Water Act(Mechanisms cont.)
- POTWs
- A two stage system of technology-based effluent
limits establishing minimum treatment required to
be achieved by direct industrial dischargers and
public owned treatment works and a complementary
system or pretreatment requirements applicable to
dischargers to POTWs - Permits
- A program for imposing more stringent limits in
permits where such limits are necessary to
achieve water quality standards or objectives
26Clean Water Act(Mechanisms cont.)
- Specific Provisions
- applicable to certain toxic and other pollutant
discharges of particular concern (e.g. oil
spills, non-process discharges, say from a
contaminated plant site runoff). - Grants
- A grant program to help fund POTW attainment of
the applicable requirements
27Oil Pollution Act 1990
- The OPA is a comprehensive statute that amends
section 311 of the Federal Water Pollution
Control Act (the Clean Water Act) and is designed
to expand oil spill prevention, preparedness, and
response capabilities of the Federal government
and industry. The Act establishes a new
liability and compensation regime for oil
pollution incidents in the aquatic environment
and provides the resources necessary for the
removal of discharged oil.
28National Environmental Policy Act
- Declares a national policy which will encourage
productive and enjoyable harmony between man and
his environment to promote efforts which will
prevent or eliminate damage to the environment
and biosphere and stimulate the health and
welfare of man to enrich the understanding of
the ecological systems and natural resources
important to the Nation and to establish a
Council on Environmental Quality.
(Pub. L. 91-190, Sec. 2, Jan. 1, 1970, 83 Stat.
852.)
29Safe Drinking Water Act
Use this slide or next two Choose
- SDWA was originally enacted in 1974 as an
amendment to the Public Health Service Act - intended to assure safe drinking water supplies,
protect especially valuable aquifers, and protect
drinking water sources from contamination from
underground injection of contaminants - amended in 1986 and again in 1995 and 1996
- 1986 amendment
- required EPA to regulate 83 contaminants in 1982
and 83 Advance Notices of Proposed Rulemaking
47 FR 9352 48 FR 45502. See SDWA 1412(b)(1) - Maximum Contaminant Level Goals (MCLGs) and
National Primary Drinking Water Regulations
(NPDWRs) must be promulgated by June 1987 for
nine listed contaminants, by June 1988 for an
additional forty, and the remaining contaminants
by June 1989
30Safe Drinking Water Act
- SDWA passed by Congress in 1974
- Intended to monitor and increase the safety of
all commercially and publicly supplied drinking
water - Amended in 1986
- establish Maximum Contaminant Levels (MCL),
Maximum Contaminant Level Goals (MCLG), and Best
Available Technology (BAT) treatment techniques - Amended again in 1996
31Toxic Substances Control Act
- Toxic Substance Control Act of 1976 (TSCA)
provides for testing of manufactured substances
to determine toxic or otherwise harmful
characteristics and regulation of the
manufacture, distribution, use, and disposal of
regulated substances - The only TSCA-regulated compounds in significant
quantities are polychlorinated biphenyls (PCBs)
contained in electrical capacitors and
transformer oil and PCB-contaminated sludge - regulations provide detailed requirements for use
and disposal of materials containing
concentrations of PCBs above 50 ppm - Amended in 1986 to include Asbestos Hazard
Emergency Response Act - 1990 amendment extended the act to cover all
public and commercial buildings.
32Toxicity Characteristics
33Toxicity Characteristics
34Resource Conservation and Recovery Act
- Until 1976, hazardous wastes were regulated under
SWDA of 1965, which primarily dealt with the
disposal of non-hazardous wastes - RCRA enacted on October 21, 1976
- RCRA is basically a regulatory statute, designed
to provide cradle-to-grave management of
hazardous waste by imposing management
requirements on generators and transporters of
hazardous materials and upon owners and operators
of treatment, storage and disposal facilities - Does not address problem of abandoned or inactive
sites
35RCRA (cont.)
- Originally amended the Solid Waste Disposal Act
(1965). - Reauthorized in 1984 with the Hazardous and
Solid Waste Amendments, and was amended in 1988
to include the management of infectious waste. - FFCA (October 1992) an amendment to RCRA brings
all federal facilities into compliance with
applicable federal and state hazardous waste
laws. FFCA requires DOE to develop treatment
plans for mixed hazardous and radioactive waste. - Waives federal immunity for violation of
hazardous waste requirements. By October of
1995, DOE's regulators must issue compliance
orders to implement the treatment plans.
36 Hazardous Waste Definition RCRA (Subtitle A)
- Any garbage, refuse, sludge, from a waste
treatment plant, water supply treatment plant or
air pollution control facility and other
discarded material including solid, liquid,
semisolid, or contained gaseous materials
resulting from industrial, commercial, mining and
agricultural activities and from commuinity
activities but does not include solid or
dissolved material in domestic sewage, or solid
or dissolved materials in irrigation return flows
or industrial discharges which are point sources
subject to permits under section 402 of the
Federal Water Control Act, as amended, or source,
special nuclear, or byproduct material as defined
by the Atomic Energy Act of 1954, as amended.
(68 Stat. 923)
37Identification of Hazardous Wastes
- Is it solid waste? solid waste includes any
discarded material that is not otherwise subject
to regulatory exclusion or a specific variance
granted by EPA or an authorized state (40 CFR
261.2(a), 50 FR 664 (Jan.4, 985) - If yes, is it hazardous waste?
- if not on the exclusion list
- listed in 40 CFR part 261, Subpart D
- exhibits any of the four hazardous waste
characteristics (40 CFR part 261, Subpart C) - a mixture of a listed waste and a solid waste
38Exclusion List
- household waste
- agricultural wastes returned to the ground as
fertilizer - mining overburden returned to the mine site
- utility wastes from coal combustion
- oil and natural gas exploration drilling waste
- wastes from extraction, benefaction ,and
processing of ores and minerals, including coal - cement kiln dust wastes
- arsenical-treated wood wastes generated by end
users of such wood - certain chromium-bearing wastes
- radioactive wastes
39Inclusion Lists
- F List hazardous wastes from non-specific
sources - K List wastes from specific sources
- F K list are for wastes generated by industrial
processes - P List acutely hazardous chemicals
- U list toxic chemicals
- P U list are used for products discarded by
industry because they are off-specification or
out of date
40Mixture And Derived Rules
- Mixture Rule
- if a listed hazardous waste is mixed with
non-hazardous waste, it is still a hazardous
waste - Derived-from Rule
- a waste generated from a hazardous waste TSD
facility is categorically a hazardous waste
41Important Sections of RCRA
- TSDFs
- Permit System (Manifest System)
- Notification of Hazardous Waste Activity
- Uniform Hazardous Waste Manifest
- Land Disposal Restrictions
- Land Disposal Program Flexibility Act 1996
- Underground Storage Tank Regulations
- leak detection
- corrosion and spill protection
42Comprehensive Environmental Response,
Compensation, amd Liability Act
- also known as Superfund
- enacted in 1980 to provide funding and
enforcement authority for responding to hazardous
substance spills and for cleaning up the
thousands of hazardous waste sites that have been
created in the US over the past decades - amended in 1986 by the Superfund Amendments and
Reauthorization Act (SARA)
43CERCLA (cont.)
- The National Oil and Hazardous Substances
Contingency Plan (NCP) is found within SARA. - The NCP assigns responsibilities to Federal
agencies, including DoD, to act in two kinds of
situations it authorizes immediate action to
preserve human health or the environment for
emergencies, such as an oil or hazardous waste
spill and it authorizes long-term action to
permanently remedy contamination from ongoing
threats, such as leakage from a waste site into
water supplies.
44CERCLA (cont.)
- The SARA amendments also require that
installation operators are obligated to provide
information pertaining to any regulated substance
present on the facility to the appropriate state
or local authorities. - Material Safety Data Sheets (MSDSs) are prepared
by the chemical manufacturer of any hazardous
chemical and contain information on the chemical
that could aid in minimizing the danger of a
spill.
45CERCLA (cont.)
- The Installation Restoration Program (IRP) is the
major element in the Defense Environmental
Restoration Program (DERP), established in
accordance with CERCLA/SARA. - The goal of the IRP is to locate potential
contamination (hazardous waste) sites on DoD
installations and formerly owned or used
properties, determine the extent of contamination
and the options for site decontamination, and, if
required, perform the site decontamination.
46Inactive Waste-Site Cleanup
- Under CERCLA, EPA is authorized to undertake
removal or remedial action - There is a distinction between Removal and
Remedial Action - removal is a short-term, limited response to a
more manageable problem - remedy is a longer term, more permanent and
expensive solution for a more complex problem
47Which Sites are Superfund Sites?
- State Contract or Cooperative Sites
- state agrees to finance 10 of the remedy
- in case of state-operated site, this values goes
up to 50 - Sites listed on National Priorities List
- list of sites needing remedial actions which
passed preliminary review, physical site
inspection, and ranking according to hazard
ranking system
48Steps in the Remedial Process
- Superfund Comprehensive Accomplishments Plan
- for each fiscal year, it shows which stage of the
clean up process (if any) is scheduled for each
NPL site - Remedial Investigation/Feasibility Study
- RI attempts to characterize with precision the
conditions at a site (e.g. source and extent of
contamination) - FS looks at a series of specific engineering or
construction alternatives for cleaning up a site - For each major alternative, there is a detailed
analysis of costs, effects, engineering
feasibility and environmental impacts
49Steps in the Remedial Process (cont.)
- Record of Decision
- ROD prepared after RI/FS
- announces and explains tentative selection from
among the RI/FS options - Design and Construction
- in design stage, detailed engineering plans are
developed, site specifications calculated, and
all site specific factors are incorporated - construction contract is given out, including OM
50Brownfields Initiative
- Brownfields are abandoned, idle or under-used
industrial and commercial facilities where
expansion or redevelopment is complicated by real
or perceived environmental contamination. - Initiative developed to empower states,
communities, and others in economic redevelopment
to work together in a timely manner to assess,
safely cleanup, and sustainably reuse the site.
51Emergency Planning and Community Right-to-Know Act
- Establishes procedures and requirements for
community emergency planning for releases of
extremely hazardous substances (EHS), reporting
of spills and leaks of EHS, reporting of
hazardous substances in the workplace, and annual
reporting of toxic chemical releases. EPCRA was a
part of CERCLA amendment III, but it is now a
free standing and separate act and not codified
as a part of CERCLA.
52EPCRA Subtitles
- Emergency Planning and Notification
- establishes mechanisms to enable states and
communities to prepare to respond to unplanned
releases of hazardous materials - Reporting Requirements
- requires submission on inventory related data at
the site, and annual reporting to the EPA and the
State on environmental releases of toxic
chemicals manufactured,processed, or otherwise
used at the facility - General Provisions
- contains a variety of general provisions,
including penalties for violations
53Hazardous Materials Transportation Act
- Principal statute governing the transportation of
hazardous materials. Regulates packaging and
labeling, requires transportation manifests,
establishes driver and vehicle standards, and
imposes emergency response and reporting
requirements. 1990 amendments (HMTUSA) establish
hazardous materials employee training
requirements, registration and permitting of
certain transporters, and financial
responsibility requirements
54DOT Requirements
Waste Classification
Any material that meets the
49 CFR 171.8
definition of one or more DOT
49 CFR 173
hazard classes
Names published by DOT. Order of
Proper Shipping
priority is chemical name, chemical
group, end use, generic end use,
Name
and hazard class
49 CFR 172.101
49 CFR 173 Column 8 of Table
172.101 provides packaging
Selection of Packaging
requirements for specific types of
49 CFR 173, 178 and 179
materials Column 7 includes special
packaging requirements
Marking and Labeling
Labels provide an immediate indication
49 CFR 172.300 and
of hazards and precautions markings
49 CFR 172.400
include detailed information
Shipping papers may be in the form of a
Shipping Papers
bill of lading, shipping order, or
hazardous waste manifest provided
49 CFR 172.200
requirements of 40 CFR are met
Placards indicate the hazards of the
material in the vehicle with few
Placarding
exceptions, vehicles requiring placards
49 CFR 172.500
must affix two on each side, one on
front and one on back
Emergency response information must
Emergency
be provided and maintained during any
Preparedness
phase of transportation including loading
49 CFR 172.600
and storage
55Federal Insecticide, Fungicide, and Rodent Act
- First pesticide control law,1910
- replaced with a law requiring pesticides products
be registered with the Agriculture Department - authority moved to EPA in 1970
- present law, FIFRA, enacted in 1972
- FIFRA amended in 1975, 78, 80, 90 94
- regulates distribution, sale and use of pesticides
56FIFRA Features
- Regulates the registration, labeling,
application, transportation, storage, disposal,
and recall of pesticides. - Classifies and regulates pesticides based on
their threat to human health. - Provides standards for the safety of workers
exposed to pesticides on the job. - Regulates design and handling of pesticide
containers. - Establishes extensive recordkeeping and public
notice requirements. - Provides for state-federal joint implementation
of the pesticide regulatory program.
57Occupational Safety and Health Law
- Passed in 1970, this Act made the government
responsible for protecting the work force - It signaled the beginning of a new era in
Occupational Safety. - Ended the differences in worker safety
requirements and workmens compensation laws
between states, although any state can use its
own laws if they were equally effective as that
of the Federal government.
58OSHA (cont.)
- This Act established OSHA, whose objective was to
inspect, regulate and enforce laws pertaining to
hazardous conditions - OSHA is within the Department of Labor and is
entrusted with citing and penalizing those
companies that do not comply with regulatory
health standards. - NIOSH (National Institute of Occupational Safety
and Health), the research arm responsible for
establishing standards for chemical and toxic
exposures, was also set up. - NIOSH functions within the jurisdiction of the
Department of Health Human Services and
recommends criterion to OSHA to utilize for
framing regulations, and also provides
professional education and delineation of health
and safety information.
59Pollution Prevention Act 1990
- The principal statute governing pollution
prevention and waste reduction. Establishes an
Office of Pollution Prevention and Toxics at EPA.
- Creates a largely incentive, rather than
regulatory, program to encourage pollution
prevention and source reduction from polluting
entities. - Requires reporting of source reduction and
recycling efforts within EPA
60P2 (cont.)
- Declares it the national policy of the United
States that pollution should be prevented or
reduced at the source whenever feasible
pollution that cannot be prevented should be
recycled in an environmentally safe manner,
whenever feasible pollution that cannot be
prevented or recycled should be treated in an
environmentally safe manner whenever feasible
and disposal or other release into the
environment should be employed only as a last
resort and should be conducted in an
environmentally safe manner.
61Executive Orders
- EO are executed by the President without passage
by Congress, but are binding on federal agencies
and affiliated entities
62ISO 14000
- ISO International Organization for
Standardization - ISO Mission
- promote the development of standardization and
related activities in the world with a view to
facilitate the international exchange of goods
and services, and to develop cooperation in the
areas of intellectual, scientific, technological
and economic activity
63ISO Objective
- Facilitate trade through enhanced product quality
and reliability simplification for improved
usability and improved health, safety and
environmental protection, and reduction of waste.
64What is ISO 14000?
- The ISO 14000 series of standards is comprised of
several guideline standards and one compliance
standard -- ISO 14001, Environmental Management
Systems. - Organizations meeting the requirements will be
able to seek registration to the standard in a
process similar to ISO 9000 registration. - Modeled after the BS 7750 (Environmental
Management Systems) originally published in 1992
and updated in 1994. The BS 7750 standard has
been the subject of a pilot implementation
program involving nearly 500 participants from
various industries.
65Environment Management
- Environmental Management is a tool for an
organization to keep aware of the interactions
that its products and activities have with the
environment and to achieve and continuously
improve the desired level of environmental
performance.
66ISO 9000 v/s ISO 14000
- ISO 9000 is aimed at meeting customer
requirements, control of the process and
continuous improvement. ISO 14000 is aimed at
these, and more customer requirements has
expanded to include regulatory and other
mandatory environmental requirements and
continuous improvement is not only driven by
customer expectations but also by priorities and
objectives generated internally by the
organization.