Transcript Introduction to Environmental Technology

Governmental Process in ENV
Government & Environmental
Technology
• Governmental Processes; federal, state &
local governments all play a role
• Practitioners in the field of Environmental
Technology need to know how to locate,
read and understand numerous
environmental laws and regulations.
What are laws?
• Called statutes or acts
• Restraining standards that govern society
• Enacted with the goal of creating a better
society
Two forms of law in the U.S.
• Criminal (public) Law
• Civil (private) Law
• Divided between laws against society
(Criminal Law) and those between
individuals (Civil Law)
Public or Criminal Law
• Laws providing the basic rules of our system of
government
• Criminal acts against society
• Operation and establishment of administrative
agencies
• Court cases
• Prescribes punishments for violations
• Can be subject to interpretation because they are
written to cover a broad range of activities
• Can include an interwoven body of court
decisions, statutes, regulations, policies and
procedures that are continually changing
• Evidence for conviction must be “beyond a
reasonable doubt”
Private or Civil Law
• Settles disputes between parties or
individuals
• Government’s role is to act as judge
• Preponderance of evidence is the level of
evidence for conviction
Other Important Terms for
Understanding Law
• Statutory law is written law, the exact
wording approved by a legislative body
• Case law consists of written decisions made
by courts and are used as precedents in
making future decisions
Three branches of U.S. Government
Executive Branch
• Proposes laws and approves or vetoes laws passed
by the legislative branch as well as enforces the
laws
• Consists of the President and the regulatory and
administrative agencies who report to him
• The President nominates the heads of the various
agencies, who are then accepted or declined by
Congress
Legislative Branch
• Makes & amends laws
• Appropriates funds to enact legislation
Judicial Branch
• Examine Laws
• Interpret laws through court cases
• Assure laws are justly applied
Supreme laws of the land!
• No state can enact a law less strict than the
federal law
• They do have the right to make more
restrictive laws
• Many states allow citizens to take law
making into their own hands through the
initiative process or through referendums
(Example - Calif. Propositions)
• Both require petitions to illustrate voter
support before the issue will be placed on
the ballot
• Congressional statues are found in the US
Code or USC
• The implementation of the law is carried out
by independent agencies of the federal
government or state governments
– They interpret the law and create regulations to
enforce specific compliance requirements
Rules and Regulations are
developed by regulatory agencies
• EPA
• DOT (including the Coast Guard)
• Department of Labor including OSHA and the
Mine Safety and Health Administration
• NRC – Nuclear Regulatory Administration
• Department of the Interior including the Fish and
Wildlife Service and the Land Management
Bureau
• Department of Energy
Federal Register System
• Announces and publishes rules in two major
publications
– The Federal Register – FR
• Published information on proposed rules, final rules, notices on
proposed rule making and meeting notices
– The Code of Federal Regulations - CFR
• A listing of all the rules published in the FR compiled in a rule
book by topic
Regulatory Numbering System
•
•
•
•
Title
Part
Section
Paragraphs
• i.e.
40CFR
260
4
(a)(1)(ii)
§260.4(a)(1)(ii) of 40CFR
Enforcement
Monitoring Compliance
•
•
•
•
Compliance Evaluation Inspection (CEI)
Can be routine
Follow complaints or tips
Result from referrals from other agencies
Freedom of Information Act
of 1966
• The public is entitled to any information
collected by a governmental agency
– Records for environmental assessments can be
obtained in this manner or in a more informal
manner
The Privacy Act of 1974
• Federal agencies must provide individuals
with information pertaining to them
• And are required to amend or correct any
files that are inaccurate
Enforcement Actions
List of steps available for enforcement:
• Administrative Enforcement Actions
• Civil Actions
• Criminal Actions
Administrative Enforcement Action
• Least severe action available does not involve the
court system
• May be an Notice of Violation (NOV), Notice of
Deficiency (NOD), or more formal administrative
order (w/ public meeting requirement)
• Resolution could be by correction of the problem,
sometimes accompanied by a fine
• Used to force compliance, the taking of corrective
action, monitoring, testing and analysis, or to
address a threat to human health or environment
Civil Actions
Formal lawsuits filed by federal,state or local
government attorneys (or private individuals)
• Can be used to force compliance
• Suspend or revoke permits or authorizations
• Impose large penalties
• The burden of proof for the plaintiff is only a
preponderance of evidence (true for all civil
actions)
Criminal Actions
• Most severe action available
• Can result in fines and/or imprisonment
• Result of severe violations such as
falsifying evidence or reports, putting
another person in imminent danger or
illegal disposal of hazardous waste
– Misdemeanors are punishable by a fine and/or
prison (generally short <1 year)
– Those who commit felonies can be imprisoned
longer
– But guilt must be proven beyond a reasonable
doubt (true for all criminal actions)
National Environmental Policy
Act
• NEPA - 1970
• Requires the preparation of and
Environmental Impact Statement (EIS)
• Whenever the federal government engages
in any activity that may have a negative
affect on the environment
Federal Clean Air Act
• CAA - 1970, amended 1990
• Protects the public health and welfare from the
harmful effects of air pollution
• Sets standards for maximum levels of outdoor air
pollution, and emission standards for sources
• Holds state and local governments responsible for
controlling pollution sources
Federal Clean Water Act
• CWA - 1972
• Restores and maintains the chemical, physical and
biological integrity of the nation’s waters
• Nationwide standards are set for industrial
discharge and municipal sewage systems by the
EPA
Safe Drinking Water Act
• SDWA - 1974
• Establishes federal standards for drinking
water quality and protects underground
sources of water
• Enforced by the EPA
Resource Conservation and
Recovery Act
• RCRA - 1976
• Deals with both municipal and hazardous
waste problems and encourages resource
recovery and recycling
• Administered by the EPA’s Office of Solid
Waste and Emergency Response (OSWER)
Federal Insecticide, Fungicide,
and Rodenticide Act
• FIFRA - 1947, amended 1972, 1974, 1978
• All pesticides must be registered with the EPA,
process determines labeling & usage
• Reviews labeling and directions for application
and sets maximum safe levels for pesticide residue
in human and animal foods
Comprehensive Environmental
Response, Compensation, and
Liability Act
• CERCLA “Superfund” - 1980, amended 1986
• Makes owners and operators liable for hazardous
waste releases on their property
• The act imposes joint and several liability
• System for identifying and cleaning up chemical
and hazardous materials released into any part of
the environment
• EPA collects the cost of cleanup from the
responsible parties and sets up a fund for cleanup
when necessary
Asbestos Hazard Emergency
Response Act
• AHERA
• EPA certifies asbestos inspectors and
requires certain procedures for asbestos
abatement in school buildings
Toxic Substance Control Act
• TSCA - 1976
• System of pre-market notifications if a company
wishes to market a new chemical, may require
additional testing before the chemical is sold
• Also requires testing of some chemicals already
on the market, resulting in possible restrictions or
a ban by the EPA
Marine Protection, Research, and
Sanctuaries Act
• Ocean Dumping Act
• EPA and the Coast Guard limit the type and
location of any ocean dumping
Occupational Safety
and Health Act
• OSHA - 1970
• Assures safe and healthful working
conditions
• Develops regulatory standards, keeps
records of injuries and conducts training
and enforcement programs
Atomic Energy Act
• AEA - 1954
• Controls possession, development and use
of radioactive materials
• Currently enforced by the Department of
Energy (DOE) and the Nuclear Regulatory
Commission (NRC)
Hazardous Materials
Transportation Act
• HMTA - 1975
• Regulates the handling and transportation of
hazardous materials
• Enforced by the Department of
Transportation (DOT)