Transcript Background of Legislation

Enforcement Options
 Conservation means management of resources
 Preservation means management but you cannot
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disturb the area
Restoration means you return area to the original
condition (not very realistic)
Remediation is a general term that means cleaning
up (most common term used)
Mitigation means repairing an affected area, usually
by replacing it somewhere else (wetlands)
Reclamation means you are recovering resources or
land from contaminated sites (recovering metal from
electronics)
The Environmental Protection
Agency
 Created in 1970 by President Nixon
 Replaced the Environmental Health Service
 Mission Statement is to Protect the
Environment for our generation and future
generations
National Environmental Policy Act
(NEPA), 1969
 Declared a national environmental policy and
promotes consideration of environmental
concerns by federal agencies
 Title I: declared a national environmental
policy and goals, provides a method for
accomplishing these goals and includes
guidance
NEPA (continued)
 Title II: created the Council on
Environmental Quality (CEQ) and its
responsibilities
 An Environmental Impact Study (EIS) may
be required if a proposed action that may
affect the quality of the human environment
Clean Air Act
 In 1963, the Clean Air Act was first passed
with regulatory language
 Grants were provided for air pollution control
agencies and established a pollution
abatement conference procedure
 In 1965, Congress added Title II, The Motor
Vehicle Air Pollution Control Act which
provided emission standards
Clean Air Act of 1970
 EPA had the authority to establish regulatory
goals and standards
 Standards for 50 industrial processes were
developed
 189 Pollutants were initially regulated
 Permit requirements were established
 Criminal sanctions for non-compliance were
established
Occupational Safety and Health
Act of 1970
 Created the Occupational Safety and Health
Administration under the Department of Labor
 Established exposure limitations for 22
hazardous substances and 380 air
contaminants (Subpart Z - Toxic and
Hazardous Substances)
 Required the use of Material Safety Data
Sheets (MSDS)
The Clean Water Act History
 In 1972, a law was passed to protect the purity of our
natural waterways.
 In 1977 significant changes were made to the Federal
Water Pollution Control Act and the renamed the Clean
Water Act.
 The Clean Water Act regulates industrial discharge into
a navigable waterway.
CWA Industry Requirements
 Established allowable levels of specific
pollutants for restricted use
 65 (128) Toxic Pollutants were regulated
 Effluent and Pretreatment guidelines were
established
 Best Available Technology was defined
 Spill cleanup provisions were established
Federal Insecticide, Fungicide &
Rodenticide Act of 1972
 Required the registration of all pesticide
products used in the US
 The EPA can now regulate the use of
pesticide products
 Substances that may be of a “substantial
question of safety” to the public can be
“cancelled”
 Suspension orders could immediately ban the
use of a pesticide product
Safe Drinking Water Act of 1974
 Established Maximum Contaminant Levels for
83 compounds
 Defined treatment techniques for specific
contaminants
 Required filtration and disinfection of potable
water
 Established programs for underground
injection control
Hazardous Materials
Transportation Act of 1975
 Required hazardous materials shipments to
be packaged, labeled and transported
according to Department of Transportation
(DOT) requirements
 Established hazard classes
 Required carriers to report all spills and
emergency incidents concerning hazardous
materials to the DOT within 15 days
Toxic Substances Control Act of 1976
 Established a 90-day notification period prior
to the manufacture of new chemicals
 Authorized the EPA to restrict or prohibit the
manufacturer of chemicals that would pose
an unreasonable risk to health or
environment
 Requires the manufacturer to conduct health
and environmental impact studies
Resource Conservation and
Recovery Act of 1986
 Title 40 Code Federal Regulations, Chapter I,
Subchapter I, Parts 260-281
 Identified specific wastes and processes
which produce hazardous waste
 Established hazardous waste
characterization (TCLP, IRC)
 Required generators and transporters to
register with the EPA
Solid Waste Disposal Act
 The Solid Waste Disposal Act (SWDA)
became law on October 20, 1965.
 In its original form, it was a broad attempt to
address the solid waste problems confronting
the nation through a series of research
projects, investigations, experiments, training,
demonstrations, surveys, and studies.
 Provisions for solid waste eventually became
a provision of RCRA
Comprehensive Environmental Response,
Compensation & Liabilitly Act (CERCLA)
of 1980
 Established a 1.6 billion dollar trust fund
(Superfund) to clean up hazardous waste
sites
 Established a National Priorities List (NPL)
 Regulated the spill size reportable to the
National Response Center (1-5000 lbs
depending on the substance)
Superfund Amendment
Reauthorization Act (SARA) of 1986
 Reauthorized and amended CERCLA
 Established Emergency Planning and
Community Right to Know which requires
planning and participation with local
emergency response agencies
 Included a “miscellaneous” category as a
“catch all”
SARA Title III: Extremely
Hazardous Substances
 Requires facilities to notify local and state
emergency response organizations within 60
days if there an Extremely Hazardous
Substance is in production, use or storage
above the Threshold Planning Quantity
SARA Title III: Tier I and Tier II
 If a facility is required to maintain an MSDS
for a substance, an initial Tier I and annual
Tier II report must be filed with the local and
state emergency response organizations.
 Report indicates the quantity stored on the
property for the previous reporting year above
10,000 pounds (except for EHS)
SARA Title III: Reporting Form R
 Any eligible facility must report the
manufacture of, production of or otherwise
use of any of the three-hundred Section 313
listed compounds
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25,000 lb. Threshold for manufacture use of
10,000 lb. Threshold for “otherwise use of”
Oil Pollution Act of 1990
 Identifies Vessels, Onshore and Offshore
Facilities, Deepwater Ports and Pipelines as
the responsible parties in an oil spill
 Requires that the responsible party pay
damages, revenues, etc.
 Oil Spill Liability Trust Fund monies may be
used to pay claims and/or other associated
costs
Emergency Planning & Community
Right to Know (EPCRA)
 Industry must inform the public and the state
and local emergency response committees of
any hazardous or extremely hazardous
substances used or produced.
Convention on International Trade in
Endangered Species of Wild Fauna
and Flora (CITES)
 CITES is an international agreement between
governments. Its aim is to ensure that
international trade in specimens of wild
animals and plants does not threaten their
survival.
 CITES was drafted as a result of a resolution
adopted in 1963 at a meeting of members of
IUCN (The World Conservation Union).
Pollution Prevention Act of 1990
 Identified goals and established training
programs
 Established state grant programs
 Implemented a review on source reduction
 Created a national clearinghouse of
information on pollution prevention
Endangered Species Act (1973)
 The Endangered Species Act of 1973 was
designed to protect critically “imperiled
species” from extinction as a "consequence
of economic growth and development
untempered by adequate concern and
conservation“
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i.e. you cannot buy, sell or trade and
organisms that are listed by the US
endangered species list; the habitat is also
protected
Atomic Energy Act of 1954
 The Atomic Energy Act covers the
development and regulation of all nuclear
materials for the purposes of commerce,
energy production, defense or medical
advancement.
Federal Food, Drug and Cosmetic Act
 Assures the safety, wholesomeness, efficacy,
and truthful packaging and labeling of food,
drugs, cosmetics, and medical devices.
Food Quality Protection Act
 Sets limits on pesticide residue in food and
requires that ingredients are tested for heath
effects.
Kyoto Protocol (1997)
 The Kyoto Protocol is an agreement to the
United Nations Framework Convention on
Climate Change (UNFCCC or FCCC), aimed
at fighting global warming.
 The UNFCCC is an international treaty with
the goal of achieving "stabilization of
greenhouse gas concentrations at a level that
would prevent anthropogenic interference
with the climate system.
Montreal Protocol
 The Montreal Protocol on Substances That
Deplete the Ozone Layer is an international
treaty designed to protect the ozone layer by
phasing out the production of numerous
substances believed to be responsible for
ozone depletion.
 The treaty was opened for signature on
September 16, 1987.
Soil & Water Conservation Act and
Soil Conservation Act
 Two acts designed to protect the top soil from
erosion and nutrient depletion; establishes
conservation methods and programs