Environmental History & Basics of Environmental Statutes BASICS... · Environmental History &...

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www.oscreadiness.org 15 th Annual OSC Readiness Training Program Environmental History & Basics of Environmental Statutes Steve Mason

Transcript of Environmental History & Basics of Environmental Statutes BASICS... · Environmental History &...

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Environmental History & Basics of Environmental Statutes

Steve Mason

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• Legal system of statutes, rules, guidelines, policies, and judicial/administrative interpretations addressing wide-ranging set of environmental issues and concerns

• Minimizes, prevents, punishes, or remedies consequences of actions which damage or threaten environment, public health, and safety

• Most environmental laws result from catastrophe

What is Environmental Law ?

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Some Examples

• EPCRA – Bhopal, India• CERCLA – Love Canal• CWA – Fires on the Cuyahuga River, Ohio• OPA – Exxon Valdez & Mega Borg• CAA Amendments (RMP) – Series of deadly explosions & releases in

late ’80s

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It Can Get Confusing !!!!!

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Decline of Roman Empire partly due to lead poisoning; used lead acetate to sweeten wine and turn pulp into sweet condiment; lead piping used to distribute water

1340s: Bubonic plague decimates Europe, creating first attempts to enforce public health and quarantine laws; cleanest residents executed for fear of intentionally spreading plague

Great Moments in History of Environmental Protection

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1589: Water closet invented by John Harington in England, but indifference to filth and lack of sewage meant usage ignored until 1778

Great Moments in History of Environmental Protection

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• 1952: London smog killed over 4,000, named "Killer Fog" • So thick, buses could not run without guides walking ahead

Great Moments in History of Environmental Protection

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“But when, for the fourth day, we saw the greasy, heavy brown swirl still drifting past us and condensing in oily drops upon the window-panes, my comrade's impatient and active nature could endure this drab existence no longer.”

Sherlock Holmes, “Bruce Partington Plans,” 1895

Great Moments in History of Environmental Protection

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History and Overview of EPA

“ Why are we here ?”

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Comparison of Budgets

5

5.4

5.8

6.2

6.6

7

7.4

7.8

8.2

8.6

9

9.4

9.8

10.2

10.6

11

96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12

6.5 6.7

7.4

7.6 7.6 7.8

8.09

8.08

8.37

7.79 7.57 7.7

7.57.6

10.5

8.68

$ in billions

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Comparison of EPA Full-Time Employees

16,000

17,000

18,000

19,000

96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12

17,08217,152

17,739

18,110

17,670

17,558 17,478

17,741

17,277

17,90417,631

17,560

17,32417,252

17384

17,571

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• Modern environmental movement was inspired by publication of “Silent Spring” in 1962

• April 22, 1970: First Earth Day Celebration

History of EPA

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• Official Agency Seal by Executive Order 11628, October 18, 1971• Flower with bloom symbolic of elements of environment. Bloom=sphere

(blue sky, green earth, and blue-green water); white circle=sun and moon

• Indiana advertising agency produced seal at no cost• EPA Order 1015.2A provides directions for use

History of EPA – Agency Seal

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• Created July, 1970, by President Nixon Reorganization Plan• Independent agency, not under another department• FY10 budget requested $ 10.5 Billion and 17,384.3 full-time employees• Consolidated number of activities into 1 agency

History of EPA

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History of EPA – Merging of Agencies

Department ofHealth, Education,

and Welfare

Department ofInterior

Department ofAgriculture

Department ofAgriculture

Atomic EnergyCommission

Air, Solid Waste,Drinking Water

Water,PesticidesResearch

PesticidesRegistration

PesticidesIn Food

RadiationPrograms

EnvironmentalProtection

Agency

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History of EPA -- Mission

• EPA’s official birthday is December 2, 1970• Nixon explained mission of EPA:

• Establish / enforce environmental protection standards• Conduct environmental research• Provide assistance to others combating environmental pollution• Assist CEQ in developing new policies for environmental protection

to recommend to President

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• Atomic Energy Act (AEA) • Clean Air Act (CAA) • Comprehensive Environmental Response, Compensation and Liability Act

(CERCLA, or Superfund) • Emergency Planning and Community Right-to-Know Act (EPCRA) • Endangered Species Act (ESA) • Energy Policy Act • Federal Food, Drug, and Cosmetic Act (FFDCA) • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) • Federal Water Pollution Control Amendments • Marine Protection, Research, and Sanctuaries Act (MPRSA) • National Environmental Policy Act (NEPA) • National Technology Transfer and Advancement Act (NTTAA)

EPA administers these statutes:

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• Nuclear Waste Policy Act (NWPA) • Occupational Safety and Health (OSHA) • Oil Pollution Act (OPA) • Pollution Prevention Act (PPA) • Resource Conservation and Recovery Act (RCRA) • Safe Drinking Water Act (SDWA) • Superfund Amendments and Reauthorization Act (SARA)• Toxic Substances Control Act (TSCA)• EO 12898: Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations • EO 13045: Protection of Children From Environmental Health Risks and Safety

Risks • EO 13211: Actions Concerning Regulations That Significantly Affect Energy

Supply, Distribution, or Use

EPA administers these statutes:

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• Administrative Procedure Act (APA) • Congressional Review Act (CRA) • EO 12866: Regulatory Planning and Review • EO 13132: Federalism • EO 13175: Consultation and Coordination with Indian Tribal Governments • Federal Advisory Committee Act (FACA) • Freedom of Information Act (FOIA) • Paperwork Reduction Act (PRA) • Privacy Act • Regulatory Flexibility Act (RFA) • Small Business Regulatory Enforcement Fairness Act (SBREFA) • Unfunded Mandates Reform Act (UMRA)

Laws that Influence Our Processes and Policies:

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• Administrator and Deputy Administrator

• Nine Assistant Administrators• General Counsel• Inspector General

All Senate-approved

Agency directed by:

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BostonNew York

Philadelphia

Atlanta

Chicago

Dallas

Kansas City

Denver

San Francisco

Seattle

EPA Regional Offices

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or“ If ‘progress’ is moving

forward, what does ‘congress’ mean?

Law / Rule – Making 101

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Cumulative Growth in Federal Environmental Laws

0

20

40

60

80

100

120

140

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NationalEnvironmental

Policy Act (NEPA)“Tell us what you’re going to do before you do it”

Or “You are a Product of Your Environment”

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• The basic purposes of NEPA:• declare national policy to encourage productive and enjoyable

harmony between man and environment;• promote efforts which prevent or eliminate damage to environment

and stimulate health and welfare of man;• enrich understanding of ecological systems and natural resources;

and establish Council on Environmental Quality

National Environmental Policy Act (NEPA) Introduction

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Year Act Public Law Number

1970 National Environmental Policy Act P.L. 91-1901971 Clean Air Act Amendments of 1970 (§ 309)

[Did not amend NEPA, but specified EPA responsibilities in the NEPA process]

P.L. 91-604

1975 Authorizations — Office of Environmental Quality

P.L. 94-52

1975 National Environmental Policy Act [Administrative Delegation to State] Amendment

P.L. 94-83

National Environmental Policy Act and Amendments(42 U.S.C. 4321-4347)

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• Act does not require agencies to make environmental concerns highest priority

• Requires agency consider project’s environmental consequences• If adverse effects adequately identified and evaluated, agency can

determine other benefits outweigh environmental costs.

NEPA

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• Directs federal agencies to incorporate environmental considerations in planning and decision-making

• Requires all federal agencies to prepare detailed statement of the environmental impact of and alternatives to major federal actions

• Detailed statement referred to as environmental impact statement (EIS)

NEPA

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• Applies to all major federal actions• Requires preparation of EIS for major federal action significantly

affecting quality of environment• EIS is disclosure of proposed action, analysis of benefits and adverse

environmental effects

NEPA Process

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• Analysis required when impacts uncertain or insignificant • May require preparation of EA• EA analyzes impacts of proposed federal action to determine level of

impacts• Followed by FONSI or decision to prepare EIS• Categorical exclusions have no significant impact

NEPA Process

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• Lead agency required to consult with of any federal agency which has jurisdiction

• Compliance with legislative and regulatory requirements required. • Document compliance with environmental laws, executive orders, and

other related requirements

NEPA Process

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• Under CAA, EPA reviews and comments on impacts of proposed federal activities -- adequacy and impacts

• EIS rated as “adequate,” “needs more information,” or “inadequate” • Lead agency must respond to EPA’s comments• Impacts rated as: lack of objections, environmental concerns or

objections, environmentally unsatisfactory • Unsatisfactory rating referred to CEQ

EPA Functions Under NEPA

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• Resulted in great deal of paperwork and litigation• Unclear whether has really improved environment• Debate whether agencies follow EIS recommendations• Most significant effect has been to delay actions

NEPA - Conclusion

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Toxic SubstancesControl Act

(TSCA)“If it’s such bad news, do not even think

about making it in the first place

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• Allows EPA to determine hazards of products or use before placed in commerce

• May require companies to conduct toxicity tests of any chemical • EPA must regulate any chemical that presents an unreasonable risk • Can include total ban to warning labels

TSCA – Introduction

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Year Act Public Law Number

1976 Toxic Substances Control Act P.L. 94-469

1986 Asbestos Hazard Emergency Response Act P.L. 99-519

1988 Radon Program Development Act P.L. 100-551

1990 Radon Measurement P.L. 101-508, § 10202

1990 Asbestos School Hazard Abatement Reauthorization Act P.L. 101-637

1992 Residential Lead-Based Paint Hazard Reduction Act of 1992 P.L. 102-550

2007 Energy Independence and Security Act of 2007, Subtitle E -Healthy High-Performance Schools

P.L. 110-140

Toxic Substances Control Act and Amendments(15 U.S.C. 2601-2671)

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• Originally proposed in 1971 CEQ• Congress could not agree on scope and costs• Hudson River PCBs and PBBs contamination in Michigan led to final

passage into law in Oct, 1976

TSCA – Background

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• Requires manufacturers and processors to test for existing chemicals if unreasonable risk is present, data is insufficient to determine risk, and testing is needed

• Prevent future risks through testing and tracking of new chemicals• Control unreasonable risks • Provide information about chemicals and potential effects

TSCA – Title I

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• Requires EPA notification 90 days prior to introduction of new chemical • All test data must also be submitted • Requires notification of existing chemical for new usage • 90-day notice allows EPA to evaluate chemical and limit / prohibit

activity if necessary

Pre-Manufacture Notification

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• EPA must evaluate chemical risk, and make rules to protect against unreasonable risk

or• determine no unreasonable risk, based on available data

EPA Determination

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EPA can: • prohibit or limit production or distribution of substance in commerce or

for specific use;• limit volume or concentration of chemical produced;• prohibit or regulate manner or method of use;• require warning labels and/or instructions;• require notification of risk, and record-keeping;• specify disposal methods

Regulatory Controls

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• EPA developed and maintains inventory of all chemicals, or categories of chemicals, manufactured or processed

• First inventory identified 55,000 chemicals in 1979• Chemicals not listed are “new” and subject to PMN provisions • Research or experimental chemicals not listed

Information Gathering

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• EPA has authority to seek court orders to control chemicals with unreasonable risk

Imminent Hazards

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• TSCA protects confidential information about chemicals • Disclosure is not permitted except when necessary in emergency

situations to protect health or environment• Health and Safety data exempt unless disclosure would harm company’s

business• Wrongful disclosure of confidential data may result in criminal penalties

Confidential Business Information

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• Addresses public concerns of presence of asbestos in buildings, especially schools

• Asbestos Hazard Emergency Response Act (AHERA), enacted in 1986 • Required EPA set standards for responding to presence of asbestos in

schools• Schools required to inspect for asbestos-containing material and

implement plan for managing material

Title II (Asbestos in Buildings)

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• Asbestos contractors and labs must be certified, and abatement work done in schools by certified persons

• Also applies to work in all public and commercial buildings• Requirements for buildings be inspected for asbestos not extended to

non-school buildings

Title II -- Asbestos Act

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Title III – Radon Programs

• Added to TSCA in October 1988 • Provided financial and technical assistance to states; optional, not

mandatory

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Required • Updated pamphlet “A Citizen’s Guide to Radon” • Develop model construction standards• Provide technical assistance to states• Establish information clearinghouse• Publish public information materials• Establish database of radon levels

Title III – Radon Programs

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Title IV – Lead Exposure Reduction

• Sped up federal efforts to reduce risks to children exposed to lead-based paint

• Stimulated private lead inspection and hazard abatement services

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Title IV – Lead Exposure Reduction

• Directed EPA to develop:• Definitions of lead-based hazards;• Certification for lead detection personnel and contractors;• Accreditation programs for lead workers;• Criteria for effectiveness of control products;• Protocols for lab analysis; • List of accredited environmental sampling laboratories

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Directed development of:• Clearinghouses and hotline • Information pamphlet• Public education and outreach activities

Title IV – Lead Exposure Reduction

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How are PCBs regulated?

• TSCA banned manufacture, processing, distribution and use of PCBs, except in totally enclosed manner

• Required EPA to promulgate regulations governing PCBs• Since 1978, EPA promulgated numerous rules addressing all aspects of

life cycle of PCBs

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• Unlike statutes that regulate risks after substance has been introduced into commerce, TSCA judges risks from chemical before introduced

• TSCA is not to regulate all chemicals that present risk, but only those that present “unreasonable” risk of harm

TSCA -- Conclusion

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Federal Insecticide, Rodenticide, and Fungicide Act (FIFRA)

“If it kills critters, good… If it kills people, bad…

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• EPA implements provisions of FIFRA and FFDCA• Chemicals / products used to kill, repel, or control pests • Substances that control mold, mildew, algae, and other growths are

pesticides• Pesticides are also disinfectants and sterilizing agents, animal

repellents, rat poison, and others• 18,000 pesticides in use under FIFRA; 5,800 pesticides regulated by

FFDCA

FIFRA – Introduction

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Year Act Public Law Number

1947 Federal Insecticide, Fungicide, and Rodenticide Act P.L. 80-1041964 Federal Insecticide, Fungicide, and Rodenticide Act

AmendmentsP.L. 88-305

1972 Federal Environmental Pesticide Control Act P.L. 92-5161975 Federal Insecticide, Fungicide, and Rodenticide Act Extension P.L. 94-140

1978 Federal Pesticide Act of 1978 P.L. 95-396

1980 Federal Insecticide, Fungicide and Rodenticide Act Amendments

P.L. 96-539

Federal Insecticide, Fungicide, and Rodenticide Actand Amendments (codified generally as 7 U.S.C. 136-136y)

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Year Act Public Law Number

1988 Federal Insecticide, Fungicide, and Rodenticide Amendments of 1988

P.L. 100-532

1990 Food, Agriculture, Conservation, and Trade Act of 1990 P.L. 101-624

1991 Food, Agriculture, Conservation and Trade Amendments of 1991 P.L. 102-2371996 Food Quality Protection Act (FQPA) of 1996 P.L. 104-170

2004 Pesticide Registration Improvement Act of 2003 P.L. 108-199

Federal Insecticide, Fungicide, and Rodenticide Actand Amendments (codified generally as 7 U.S.C. 136-136y)

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Pesticide Class Function

Insecticide Controls or kills insects

Herbicide Controls or kills plants

Fungicide Kills fungi

Nematocide Kills nematodes

Rodenticide Kills rodents

Bactericide Kills bacteria

Acaricide Kills spiders

Algicide Kills algae

Miticide Kills mites

Molluscicide Kills snails, slugs

Pesticide Class Function

Avicide Repels or controls birds

Slimicide Controls slime

Piscicide Kills or controls fish

Disinfectant Destroys microbs

Growth regulator Stimulates growth

Defoliant Removes leaves

Desiccant Speeds drying

Repellant Repels pests

Attractant Attracts pests

Chemosterilant Sterilizes pests

What is a Pesticide?

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• During registration application, data on toxicity submitted• Over 100 different tests may be required for registration • To register pesticide use on food, methods identified to test for

residues and amount

Registration of Pesticides

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• Based on data, EPA determines if proposed pesticide presents unreasonable risk

• For food use, EPA determines if safe tolerance can be established • During registration, EPA specifies uses, including storage/disposal and

label• FIFRA label regulations trump state/local regulations

Registration of Pesticides

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• May register pesticide for general or restricted use. • Restricted pesticides only applied by certified applicators • States and tribes usually responsible for training and certifying

applicators

Registration of Pesticides

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• Law allows “conditional,” registrations if • proposed ingredients substantially similar to currently registered

products and not increase risks; • sufficient data shows no significant additional risk; or • data review for new ingredient is too time consuming and risk is

not unreasonable

Registration of Pesticides

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FFDCA Tolerances

• Pesticides used in food production, establishes tolerances • “Safe” tolerance is reasonable certainty of no harm• “Unsafe” residues with no tolerance, or above tolerance• Pesticides not registered under FIFRA for use on food unless

tolerances established

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• Submitted data publicly available after registration• Applicants can claim trade secret protection

• manufacturing processes; • testing, detecting, measuring inert ingredients; or • identity or percentage of inert ingredients.

Public Disclosure, Exclusive Use, Trade Secrets

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• 1972 Amendments required re-registering of 35,000 older pesticides to review against new standards

• Based on groups with same active ingredients• At least 14,000 no longer in use• Re-registration costly and time-consuming

Re-Registration

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• 1988 amendments set 10-year re-registration schedule• EPA added re-registration and maintenance fees

Re-Registration Fees

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• If special review or re-registration determines “unreasonable adverse effects,” may amend or cancel

• Registrant can request cancellation or amendment for uses• Usually because benefit does not outweigh costs

Canceling or Suspending Registration

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• Allows for unregistered use of pesticides in special circumstances. • Allows experimental use permits • Allows “emergency exemptions” for emergency situations • States can allow additional uses for special local needs

Use of Unregistered Pesticides

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Conclusion

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Emergency Planning and Community Right-to-Know Act

(EPCRA)

“If you’re going to store and use it, you gotta tell us about it…”

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• Enacted in 1986 as Title III of SARA • Established state and local entities implement chemical release

procedures• Mandated reporting of chemical inventories and releases to government

officials

EPRCA -- Introduction

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• Created framework for local government, businesses, and other citizens to plan for chemical accidents

• Ensured officials know chemicals used or stored in the community and notified in the event of accident

Emergency Planning & Notification

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• Each state required to create SERC, and establish LEPCs• List of EHSs and TPQs establishes; chemicals that could harm people

exposed in acute measures• Each facility notified LEPC if it stored or used any EHS above TPQ

Emergency Planning

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• LEPCs directed to work with facilities to develop response, planning, and training programs

• Facilities required to provide LEPC information needed to develop or implement emergency plan

Emergency Planning

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• Requires facilities report sudden release of any EHS or “hazardous substance” under CERCLA exceeding RQ to state, and local officials

• Releases reported to NRC also

Release Reporting

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• OSHA requires employers to provide employees with access to MSDS for any “hazardous chemical”

• EPCRA requires facilities covered by OSHA to submit MSDS for each “hazardous chemical” or list of chemicals

• Submitted to LEPC, SERC, local fire department.

Chemical Inventory Reporting

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• Employers must submit annually emergency and hazardous chemical inventory form to LEPC, SERC, and local FD

• Facility must provide estimates of maximum amount of chemicals present; average daily amount; and general location of chemicals

• Information must be provided to public upon request

Chemical Inventory Reporting

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• Required development of the TRI database for toxic chemical releases to the environment by manufacturing facilities.

• Facilities that manufacture, use, or process “toxic chemicals” must report annually to EPA

TRI Reporting

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• Data reported under TRI includes:• whether it is manufactured, processed, or otherwise used, and

general category of use;• maximum amount present during the previous year;• treatment or disposal methods used; and• amount released to environment or transferred off-site for

treatment or disposal

TRI Reporting

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• Support planning for responding to accidents • Provide community with data about potential chemical hazards

• For law to work, industry, citizens, and government at all levels must work to plan for accidents and to reduce risk from releases

Conclusion: EPCRA has two main purposes

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Pollution Prevention Act (PPA)

“You don’t get in trouble if you don’t do it in the first place”

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• Required EPA • Establish Office of Pollution Prevention• Implement pollution prevention strategy• Develop source reduction models.

• Facilities report source reduction and recycling activities

PPA: Introduction

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• Change in direction of EPA policy from damage control to damage reduction/prevention

• Traditional approaches show some progress but new principles may improve policies and actions

PPA Philosophy

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Pollution:• prevented or reduced;• recycled in environmentally safe manner;• treated in safe manner;• disposal or release employed only as last resort and in safe manner.”

Pollution

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Practices which: • Reduces amount of hazardous substance, pollutant, or contaminant

entering waste stream or otherwise released into environment prior to recycling, treatment, or disposal

• Reduces hazards to public health and environment associated with release of such substances, pollutants, or contaminants

Source Reduction

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• Industrial facilities must report efforts in source reduction and recycling, which includes:• quantity of chemical entering any waste stream • quantity of toxic substance recycled • source reduction practices used• 2 year estimate of quantities of chemicals• % of previous years production of chemicals

• All information is public and reported on Form Rs

PPA Provisions

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• EPA must develop biennial report on implementation• Trends, gaps, recommendations

Biennial Report

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• Shift focus from need to repair environmental damage by controlling pollutants at discharge point

to• pollution prevention through reduced generation of pollutants at point

of origin

PPA: Conclusion

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Clean Water Act (CWA) or Federal Water Pollution Control Act (FWPCA)

“Don’t put it out the pipe” or “Why is that fish swimming upside down?”

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• First comprehensive show of federal interest in clean water programs• Provided technical assistance funds to address water• Pollution viewed as state and local problem, so no federal rules or

guidelines

CWA: Introduction

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Year Act Public Law Number

1948 Federal Water Pollution Control Act P.L. 80-8451956 Water Pollution Control Act of 1956 P.L. 84-6601961 Federal Water Pollution Control Act Amendments P.L. 87-881965 Water Quality Act of 1965 P.L. 89-234

1966 Clean Water Restoration Act P.L. 89-753

1970 Water Quality Improvement Act of 1970 P.L. 91-224, Part I

1972 Federal Water Pollution Control Act Amendments P.L. 92-500

1977 Clean Water Act of 1977 P.L. 95-217

1981 Municipal Wastewater Treatment Construction Grants Amendments

P.L. 97-117

1987 Water Quality Act of 1987 P.L. 100-4

Clean Water Act and Major Amendments(codified generally as 33 U.S.C. 1251-1387)

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• In 1950s and 1960s, 4 laws changed how U.S. dealt with water pollution programs

• Assistance to municipal dischargers and enforcement for all dischargers• Federal jurisdiction extended to include navigable intrastate as well as

interstate, waters• Water quality standards added in 1965 to set standards for interstate

waters

CWA: Introduction

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• 1972 statute set up new goals: • required wastewater to be treated before discharge • increased municipal treatment plant construction• increased enforcement• retained day-to-day responsibility for states

1972 Statute

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• Restore and maintain integrity of nation's waters• Two goals established:

• zero discharge of pollutants by 1985 and• water quality "fishable" and "swimmable" by 1983

• These goals remain, and efforts to meet goals continue

1972 Legislation Objective

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• Federal financial assistance for municipal sewage treatment plant construction

• Regulatory requirements apply to industrial and municipal dischargers

Two Major Parts

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Municipal Wastewater Treatment Construction

• Provided grants for sewage treatment facilities since 1956• Grants allocated among states according to state population and

estimate of municipal sewage treatment funding needs

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Permits & Regulations

• Concept all discharges into nation’s waters are unlawful, unless authorized by permit

• > 65,000 industrial and municipal dischargers must obtain NPDES permit

• Permit requires discharger to attain technology-based effluent limits

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• Technologies focused on conventional pollutants & toxic pollutants • EPA issued water quality criteria for more than 115 pollutants,

including 65 classes or categories of toxic chemicals, or “priority pollutants”

• Provide ambient concentration levels and provide guidance for establishing water quality standards

Permits & Regulations

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• Permit required to dispose of dredge or fill material in nation’s waters, including wetlands

• Administered by Corps of Engineers using EPA’s guidance• Wetlands permit program most controversial part of law

Permits, Regulations & Enforcement

Conduct Monitoring

Develop Strategies

Revise Strategies,if needed

MonitorResults

Implementstrategies

CWAGoals

andWQS

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• Nonpoint sources of pollution, responsible for most water quality impairments, not subject to CWA permits

• Covered by state management of runoff

Permits, Regulations & Enforcement

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• Major area where CWA interfaces with CERCLA• Requirements established to address oil spills and releases of

hazardous substances, including reporting of oil spills to National Response Center

Spill Reporting

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• President (EPA/USCG OSCs) shall ensure effective cleanup of oil or hazardous substance • (i) into or on navigable waters• (ii) on adjoining shorelines to navigable waters

• President (EPA/USCG OSCs) shall direct all actions to remove spill of a substantial threat to public health or welfare

• All cleanup actions shall be in accordance with NCP

Federal Removal Authority

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• President required to prepare NCP for removal of oil and hazardous substances

• NCP provides for efficient and effective action to minimize damage from oil and hazardous substance discharges, including containment, dispersal, and removal of oil and hazardous substances

NCP

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• Act required development of prevention and response plans for the discharge of oil

• Led to development of SPCC plans and FRPs

Oil Spill Plans

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To “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.”

CWA Conclusion

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Safe Drinking Water Act (SDWA)

“Do not put it in a hole in the ground”

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• SDWA is key federal law for protecting public water supplies from harmful contaminants.

• Establishes standards and treatment requirements for public water supplies, control underground injection of wastes, and protect sources of drinking water.

Introduction

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Year Act Public Law Number

1974 Safe Drinking Water Act of 1974 P.L. 93-523

1977 Safe Drinking Water Act Amendments of 1977 P.L. 95-1901979 Safe Drinking Water Act Amendments P.L. 96-631980 Safe Drinking Water Act Amendments P.L. 96-502

1986 Safe Drinking Water Act Amendments of 1986 P.L. 99-339

1988 Lead Contamination Control Act of 1988 P.L. 100-572

1996 Safe Drinking Water Act Amendments of 1996 P.L. 104-182

2002 Public Health Security and Bioterrorism Preparedness and Response Act of 2002

P.L. 107-188

Safe Drinking Water Act and Amendments(codified generally as 42 U.S.C. 300f-300j)

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• SDWA enacted after nationwide study of water systems revealed water quality and health problems resulting from:• poor operating procedures • inadequate facilities, and • poor management of public water supplies

SDWA -- Background

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SDWA

Ground Water

Ground Waterused as

Drinking Water

Surface Water

Used as Drinking

Water

Surface Water Used for

Industrial Uses, Recreation,

Wildlife Habitat, and Fishing

CWA

Two Major Water Statutes

Wastewater Discharges

Water SystemsWastewater

Treatment Plants

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• Act required EPA promulgate national primary drinking water regulations for contaminants present in water supplies

• Criteria for contaminant selection and regulations provided• Act applies to 168,000 privately and publicly owned water systems

providing water to at least 15 service connections or least 25 people. • EPA has issued regulations for roughly 90 contaminants

National Drinking Water Regulations

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• For each contaminant, EPA sets non-enforceable MCLG level below anticipated adverse health effects

• EPA then sets enforceable MCL, using best technology, treatment techniques, or other means available

• Must consider costs for smaller treatment systems

Standard Setting

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• Under SDWA, States can assume primary oversight and enforcement responsibility for public water systems

• States must adopt peer regulations, enforcement procedures, penalties, records, and plan for providing emergency water supplies

• 55 of 57 states and territories have primacy authority

State Primacy

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• Act established state UIC programs to protect underground sources of drinking water

• Requirements for injection of wastes into 5 classes of disposal wells• States must prohibit injection not authorized by permit• States required to submit implementation plans for primacy • Oil/gas injection operations subject to State program only

Ground Water Protection Programs

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• EPA can determine aquifer is sole or principal drinking water source for area, so no federal funding used for projects that may contaminate aquifer

• State can adopt program for protecting wellhead areas around public water system wells

• EPA can provide grants for wellhead protection program

Ground Water Protection Programs

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• SDWA amended in 2002 to address threats to drinking water security, which included:• Vulnerability Assessments• Emergency Powers • Tampering with Public Water Systems• Emergency Assistance

Drinking Water Security

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• SWDA is key federal law for protecting public water systems from harmful contaminants

• Standards, treatment requirements, and control of underground injection of wastes all work to protect drinking water

Conclusion

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Oil Pollution Act (OPA)

“Them ducks have to be allowed to swim”

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• Signed in August 1990, following Exxon Valdez incident• Improved prevention and response to oil spills• Created Oil Spill Liability Trust Fund

Introduction

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• Provided for contingency planning by government and industry• NCP expanded in three-tiered approach

Introduction

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• Responsible party is liable for damages resulting from discharged oil and removal costs incurred

Key Provisions

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• Strengthens planning by establishing spill contingency plans for all areas of the U.S.

• Mandates development of response plans for vessels and certain facilities

• Requires spill removal equipment and periodic inspections

Key Provisions

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• Since OPA, number and volume of marine oil spills has dropped markedly• More prompt and efficient oil spill containment and recovery• Older tankers being phased out• Forced industry to be more careful

Conclusion

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Clean Air Act (CAA)

“Don’t put it up the stack”

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• Act seeks to protect human health and environment from ambient, or outdoor, air pollution

Background

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Year Act Public Law Number

1955 Air Pollution Control Act P.L. 84-1591959 Reauthorization P.L. 86-3531960 Motor vehicle exhaust study P.L. 86-4931963 Clean Air Act Amendments P.L. 88-206

1965 Motor Vehicle Air Pollution Control Act P.L. 89-272, Title I

1966 Clean Air Act Amendments of 1966 P.L. 89-675

1967 Air Quality Act of 1967 P.L. 90-148

1970 Clean Air Act Amendments of 1970 P.L. 91-604

1973 Reauthorization P.L. 93-13

1974 Energy Supply and Environmental Coordination Act of 1974

P.L. 93-319

1977 Clean Air Act Amendments of 1977 P.L. 95-95

1980 Acid Precipitation Act of 1980 P.L. 96-294, Title VII

Clean Air Act and Amendments(codified generally as 42 U.S.C. 7401-7671)

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• EPA must establish standards for air pollutants endangering public health or welfare from numerous sources

• Standards designed to protect public health with margin of safety • Standards for six air pollutants established: SO2, PM2.5 and PM10,

NO2, CO, O3, and Pb

National Ambient Air Quality Standards (NAAQS)

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• States establish procedures to attain & maintain standards• States adopt SIPs, reviewed/approved by EPA• SIPs based on emission inventories and computer models• State imposes controls to ensure emissions do not cause “exceedances”

of standards• In ozone nonattainment areas, emissions from new or modified sources

offset by emissions from existing sources

State Implementation Plans (SIPs)

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• Nonattainment areas grouped into classifications based on exceedences • Established pollution controls and attainment dates • Only Los Angeles fell into “extreme” class• 97 areas classified in 1 of 4 ozone categories• Moderate and serious nonattainment areas for CO and particulates

Nonattainment Requirements

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• Required emission standards for automobiles since 1968.• 1990 amendments tightened standards for cars:

• hydrocarbon standard reduced by 40% • NOx standard reduced by 50%

• Standards phased in over 1994-1996 model years

Emission Standards for Mobile Sources

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• Amendments set further reductions after 2004• Standards requiring emission reductions of 77% to 95% from cars and

light trucks promulgated • Reduced amount of sulfur in gasoline

Emission Standards for Mobile Sources

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• Amendments stipulated oxygenated and reformulated gasolines be used in worst CO & ozone nonattainment areas

• 2005 law required use of increasing amounts of renewable fuel beginning in 2006

Emission Standards for Mobile Sources

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• Establishes programs for protecting public health from exposure to toxic air pollutants

• 4 major provisions: • MACT requirements • health-based standards • standards for stationary “area sources” • prevention of catastrophic releases

Hazardous Air Pollutants

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• EPA to establish technology-based standards (MACT) for 188 pollutants at sources, including categories of sources

• EPA can add/delete pollutants or categories

Hazardous Air Pollutants

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• Established Chemical Safety Board • Responsible for investigating chemical accidents, conducting studies,

and preparing reports• EPA issued prevention, detection, and correction requirements for

catastrophic releases• Facilities required to prepare risk management plans

Hazardous Air Pollutants

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• Established technology-based standards for new industrial facilities• Establishes consistent baseline competing companies must meet• Removes incentive to attract polluting industries to community

New Source Performance Standards

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• Designed to protect areas where air quality is better than required by NAAQS

• No new air pollution even if NAAQS not violated• Divided areas into 3 classes, specifies amount of SO2, NO2 and

particulates allowed• Class I: very small increments allowed • Class II: modest increments allowed• Class III: large increments allowed

Prevention of Significant Deterioration

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• Set goal for reducing SO2 emissions by 10 million tons and NOxemissions by 2 million tons from 1980 levels

• SO2 reductions imposed reductions on electric generating facilities in in two steps

Acid Deposition Control

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• Created comprehensive permit and emissions allowance/trading system. • Allowance is authorization to emit 1 ton of SO2• Allowances may be traded nationally• Industrial sources and power-plants can sell allowances to utility

systems

Acid Deposition Control

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• Act requires states to administer comprehensive permit program for sources emitting air pollutants

• Sources generally include: • major sources emitting 10 tons per year of any regulated pollutant• stationary / area sources emitting lesser specified amounts of HAPs

• In nonattainment areas, also include sources which emit VOCs, depending on severity of nonattainment status

Permits

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• Provides EPA shall issue phase-out schedules for ozone-depleting substances

• Ozone-depleting substances such as CFCs, methyl chloroform, carbon tetrachloride, and halons phased out

• New uses of HCFCs banned beginning January 1, 2015

Stratospheric Ozone Protection

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• Evolved from set of guiding principles for controlling sources of air pollution to multiple levels of control prescribed by regulation

• 1990 amendments more sweeping effects on day to day decisions than any other environmental legislation

CAA -- Conclusion

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Solid Waste Disposal Act (SWDA) / Resource Conservation and Recovery

Act (RCRA)

“Don’t put it in my backyard !”

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• Established federal program regulating solid and hazardous waste management.

• Defines solid and hazardous waste• Directs EPA to set standards for generators• Establishes permit program for hazardous waste treatment, storage,

and disposal

RCRA -- Introduction

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Year Act Public Law Number

1965 Solid Waste Disposal Act P.L. 89-272, Title II

1970 Resource Recovery Act of 1970 P.L. 91-512

1976 Resource Conservation and Recovery Act of 1976 P.L. 94-580

1980 Used Oil Recycling Act of 1980 P.L. 96-463

1980 Solid Waste Disposal Act Amendments of 1980 P.L. 96-482

1984 Hazardous and Solid Waste Amendments of 1984 P.L. 98-616

1988 Medical Waste Tracking Act of 1988 P.L. 100-582

1992 Federal Facility Compliance Act of 1992 P.L. 102-386

1996 Land Disposal Program Flexibility Act of 1996 P.L. 104-119

Solid Waste Disposal/Resource Conservation and Recovery Act and Major Amendments

(42 U.S.C. 6901-6991k)

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• SWDA focused on research, demonstrations, and training • Resource Recovery Act focused on reclamation of energy and materials

from solid waste• RCRA started federal permit program for hazardous waste

management programs• HSWA banned land disposal of untreated hazardous wastes, closure

schedules, and corrective actions

RCRA – Background (4 Phases)

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• Promote protection of human health and environment through effective waste management

• Conserve materials and energy resources through waste recycling and recovery

• Reduce or eliminate waste generation as expeditiously as possible

:

Recycle and Reuse

Since the enactment of

RCRA, hazardous waste

generation has been reduced from nearly 300

million tons to 41 million tons per year

RCRA’s Three Primary Goals

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• Solid waste—focuses on traditional nonhazardous solid waste, such as municipal garbage; Subtitle D

• Medical waste—a two-year pilot program to track the generation and management path of infectious waste; Subtitle J

• Underground storage tanks (USTs)—added to RCRA in 1984, the UST standards establish design and operating requirements to prevent leaks from underground tanks; Subtitle I

• Hazardous waste—developed to ensure the safe management of hazardous waste from the moment it is generated to its final disposal; Subtitle C

Four Programs in RCRA

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Subtitle D governs the management and disposal of solid (nonhazardous) waste

• Governs both industrial waste (Part 257) and municipal solid waste (Part 258)

• Regulations contain basic criteria and practices for disposal facilities, including, but not limited to:• Location restrictions• Operating and design criteria• Closure requirements

• State agencies implement Subtitle D program

www.epa.gov/epaoswer/non-hw/muncpl/index.htm

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Subtitle J created a two-year Medical Waste Demonstration Program

• Medical Waste Tracking Act enacted in 1988 after medical wastes washed up on east coast beaches

• Program to track medical waste (Part 259) from cradle to grave in four states and Puerto Rico, ended in 1991

• RCRA no longer regulates medical waste, but other laws and agencies do, including:• CAA & FIFRA• DOT, OSHA, NRC, USPS

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EPA promulgated underground storage tank (UST) regulations pursuant to RCRA Subtitle I

• 40 CFR Part 280 regulates USTs storing petroleum or certain hazardous substances

• Requirements to prevent, detect, and clean up releases, as well as financial responsibility

• The Office of Underground storage Tanks (OUST) runs the UST program

• About 705,000 USTs nationwide store petroleum or hazardous substances

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RCRA Subtitle C governs the management and disposal of hazardous waste

• Regulates commercial businesses as well as federal, state, and local government facilities that generate, transport, treat, store, or dispose of hazardous waste

• Regulations designed to ensure proper management of hazardous waste from the moment it is generated until its ultimate disposal or destruction

• EPA or a state hazardous waste agency enforces the hazardous waste laws

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The Subtitle C program defines who, what, why, and how waste is regulated

• Who—generators, transporters, and treatment, storage, and disposal facilities (TSDFs)

• What—identification of hazardous waste• Why—protection of groundwater, air, and human health• How—implementation tools, including permits, closure requirements,

financial assurance, corrective action, and enforcement

Examples of businesses that typically generate hazardous waste include dry cleaners, auto repair shops, hospitals, and photo processing centers

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RCRA manages waste cradle-to-grave

• Hazardous waste is managed from the moment it is produced until the moment it is disposed (and beyond)

TreatmentDisposalTransportation

Storage

Generation

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A generator is a person whose act first creates or produces a hazardous waste

• Generators become subject to regulations involuntarily• Hazardous waste is produced as a result of business practices• Regulations not intended to be overly burdensome

“Any person, by site, whose act or process produces hazardous waste identified or listed in Part 261 of this chapter or whose act first causes a hazardous waste to become subject to regulation”

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RCRA regulates three classes of generators based on the quantity of hazardous waste

produced each month

• Large quantity generators (LQGs) produce the most waste (2,200 lbs/1,000 kg or more)

• Small quantity generators (SQGs) produce moderate amounts (between 220 and 2,200 lbs or 100 and 1,000 kg)

• Conditionally exempt small quantity generators (CESQGs) produce the least amount (220 lbs/100kg or less)

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An LQG generates one or more of the following amounts of hazardous waste in a calendar month:

• 1,000 kg (2,200 lbs)• > 1 kg (2.2 lbs) acute• > 100 kg (220 lbs) spill

cleanup material containing acute hazardous waste

In 2003, there were 15,584 LQGs generating nearly 30 million tons of hazardous waste

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LQGs must comply with certain requirements

• Identification (ID) numbers and the Biennial Report exist to keep track of those generating and managing wastes

• Waste can be accumulated (and non-thermally treated) on site for up to 90 days in certain units (e.g., tanks, containers, containment buildings)

• Air emission standards must be met when applicable• Contingency plans and emergency procedures must be designed for

individual facilities• Facility personnel must be properly trained

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SQGs produce moderate amounts of waste

• SQG generates between 100 kg and 1,000 kg (220 - 2,200 lbs) per calendar month

• SQGs have less stringent requirements• Obtain EPA identification numbers• Accumulate waste on site for no more than 180 or 270 days• Accumulate no more than a total of 6,000 kg at any one time• Must establish a basic contingency plan and emergency procedures• Facility personnel must have basic training

There are approximately 178,000 SQGs in existence today.

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CESQGs produce one or more of the following amounts of hazardous waste in a calendar month:

• 100 kg (220 lbs)• 1 kg (2.2 lbs) acute• 100 kg (220 lbs) spill cleanup material

containing acute hazardous waste

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CESQGs have the least stringent requirements

• Only 1,000 kg (2,200 lbs) can be accumulated on site at any one time• Waste must be sent to one of 7 types of facilities listed in regulations, which

include:• State or federally regulated hazardous waste treatment, storage, or

disposal facility (TSDF)• Facility permitted, licensed, or registered by a state to manage municipal

or industrial solid waste• Facility that uses, reuses, or legitimately recycles the waste (or treats it

prior to use, reuse, or recycling)• Universal waste handler or destination facility

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Transporters are persons engaged in the off-site transportation of hazardous waste

• Transporters are regulated by both EPA and DOT• Hazardous waste manifest ensures waste is tracked from its generation

location to final disposal site• Transporters must obtain EPA ID numbers

“person engaged in off-site transportation of hazardous waste by air, rail, highway, or water”

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Manifests track hazardous waste until it reaches TSDF

• Manifest identifies waste and parties involved with shipment (generator, transporter, TSDF)

• Mechanism to ensure accountability• Provides notification to generator of waste arrival at TSDF (get signed

copy back)• Makes emergency information easily accessible

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Transporters must comply with DOT regulations

• DOT establishes standards for hazardous materials in transportation (hazardous wastes are subset of hazardous materials)

• Vehicle standards, packaging standards and labeling requirements must be met

• DOT also requires personnel training

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Transfer facilities provide temporary storage for hazardous waste in transport

• Transportation-related facilities, including loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous waste are held during normal course of transportation

• Can store waste for 10 days or less

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TSDFs are facilities engaged in the treatment, storage, or disposal of hazardous waste

• TSDFs are in hazardous waste management business• TSDFs must comply with more extensive set of regulations• Substantial interaction with EPA is required to ensure management is

conducted safely

In 2009, 460 TSDFs managed 38.6 million tons of hazardous waste

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TSDFs have two types of standards

• General facility standards apply to every TSDF• Recordkeeping*• Contingency plans & emergency

procedures*• Manifesting*• Personnel training*• Obtaining an ID number &

biennial reporting*• Security requirements• Financial assurance• Closure and post-closure care• Permitting

• Unit-specific standards apply to the types of units at a facility• Design criteria• Operating criteria• Inspections• Engineering certifications

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Unit-specific standards apply to the types of units at a facility

• Unit-specific standards contain requirements for:• Inspections (e.g., weekly tank inspections)• Engineer certifications (e.g., structural integrity)• Design criteria (e.g., secondary containment)• Operating criteria (e.g., ceiling limitations on volume)

• Groundwater monitoring is required only for land-based units• Corrective action will apply in some instances

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• RCRA provides “cradle to grave” controls by imposing management requirements on generators, transporters, and TSD facilities

• Focus on hazardous waste management of prevention, reuse, recycling, treatment, and secure disposal

RCRA -- Conclusion

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Comprehensive EnvironmentalResponse, Compensation, and Liability

Act (CERCLA)

“If you put it there, dig it up”

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• 1970s – Awareness of the dangers grow• Two sites drew significant media attention:

• Love Canal in Niagra Falls, New York• Valley of the Drums, in Brooks, Kentucky

The Origin of CERCLA

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• Authorizes federal government to respond to releases or threats of releases of hazardous substances

• Materials identified under RCRA, CWA, CAA, TSCA, or designated by EPA

• Authorized responses for releases of “pollutants or contaminants” which can threaten human health

• Most nuclear and petroleum materials excluded, except petroleum products designated as hazardous substances

CERCLA -- Introduction

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Year Act Public Law Number

1980 Comprehensive Environmental Response,Compensation, and Liability Act of 1980

P.L. 96-510

1986 Superfund Amendments and Reauthorization Act of 1986 P.L. 99-499

1990 Superfund extension P.L. 101-508,§ 6301, 11231

1992 Community Environmental Response Facilitation Act P.L. 102-426

1996 Asset Conservation, Lender Liability, andDeposit Insurance Protection Act

P.L. 104-208, DivisionA, Title II, Subtitle E

1996 Defense Authorization Act of Fiscal Year 1997 P.L. 104-201, §334

1999 Superfund Recycling Equity Act P.L. 106-113, appendixI, Title VI

2002 Small Business Liability Relief and Brownfields Revitalization Act

P.L. 107-118

Superfund and Amendments(codified generally as 42 U.S.C. 9601-9675)

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• Provides legal authority to respond to release of:• A hazardous substance• Any pollutant or contaminant which may present an imminent and

substantial endangerment• Excludes petroleum

Key Provisions of CERCLA

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• Authorizes three types of response actions:• Removal action• Remedial action, and • Enforcement action

Response Actions

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• Creates Hazardous Substance Trust Fund• Holds PRPs liable for cleanup and other costs• Inventories and prioritizes hazardous waste sites

• Establishes a National Priorities List

Trust Fund & Inventory

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• Superfund Trust Fund not used for responding to: • releases of naturally occurring substances • releases from products that are part of structures • releases into drinking water supplies due to ordinary deterioration

• Exceptions for public health or environmental emergencies• Priority for releases threatening public health or drinking water

supplies

Trust Fund

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• Hazardous substance release response detailed in NCP (40 CFR Part 300)

• EPA is lead agency, except spills in coastal areas and inland waterways, where USCG assumes responsibility

Responding to Releases

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• 2 types of responses involving EPA on-scene: • short-term removals• long-term remedial actions

• Removals limited to 1 year and not more than $2 million• Remedial actions longer term and more expensive

Responding to Releases

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• NPL developed to address most serious sites• Hazard Ranking System (HRS) developed to construct NPL, scores

factors as • quantity and nature of hazardous wastes present; • likelihood ground water, surface water, and air contamination• proximity to population and sensitive natural environments

• April, 2011: list contained 1,356 proposed/final sites• Construction completed sites at 1,101; 347 deleted from list

National Priorities List

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• First mechanism is HRS • State can designate one top-priority site regardless of score • Can be listed if meets all three requirements:

• ATSDR advises removing people from site • EPA determines site poses threat to public health • More cost-effective than removal authority

How Sites are Placed on the NPL

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• Remedial Investigation / Feasibility Study (RI/FS)• Record of Decision (ROD)• Public Participation• Alternatives

Steps to be Followed in Remedial Actions

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• Usually, waste generators, transporters, and disposal facilities liable for response costs and damage to natural resources

• Does not impose liability for victims of exposures• Victims must seek restitution for damages in court

Liability and Financial Responsibility

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• EPA can issue order to compel persons to cleanup site• Federal district court can order cleanup• Failure to comply with order makes RP subject to penalties and treble

final cost of cleanup• Private parties can recover cleanup costs from Superfund if they were

not PRP

Liability and Financial Responsibility

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• Property potentially contaminated, which complicates use of land• Cleanup provides chance for reuse of land• Grants and technical assistance give resources to prevent, assess,

safely clean up, and sustainably reuse brownfields

Brownfields

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Dis

Site Assessment Process Under CERCLA

Discovery / Notification

Pre-CERCLISScreening

NFRAP

Deferred to RCRA

Deferred to NRC

State Cleanup Programs

Superfund Alternative Site

PreliminaryAssessment (PA)

Site Inspection (SI)

HRS Package

Placement on the NPL (NPL Listing Process)

Removal Action

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• Nearly everyone finds fault with at least one part of Superfund• Few find all of its features acceptable• Future of Superfund is still in limbo, emphasis on Brownfields• Superfund removal successes:

• Over 41,000 sites assessed; over 6,500 removal actions completed

CERCLA -- Conclusion

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EPA’s Mission

• The mission of the Environmental Protection Agency is to protect human health and the environment

• Since 1970, EPA has been working for a cleaner, healthier environment for the American people.

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President Obama’s Principles for EPA

1. We must ensure science is the determining factor in EPA decision making.

2. We must adhere to the rule of law.

3. We must operate with unparalleled transparency.

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From Steve Johnson

“EPA has not just changed the way our environment looks, EPA has changed the way we look at our environment

EPA has changed the way each and every individual looks at how their own personal actions impact our shared environment

Every day, parents prepare their children for the future. Every day, EPA should prepare the future for our children.”

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