University of Texas at Austin1

Michigan Technological University

Chapter 3: Environmental Laws and Regulations

David Shonnard and David AllenDepartment of Chemical Engineering

Michigan Technological Universityand the University of Texas

University of Texas at Austin2

Michigan Technological University

Chapter 3: Environmental regulations:the regulatory process (Ch 3)

Environmental Laws • Clean Air Act of 1970

Administrative Agencies • US Environmental Protection Agency

Environmental Regulations • National Ambient Air Quality Standards (NAAQS)

Rule Making • publish proposed regulations in the Federal Register

• receive public comment on proposed regulations

• publish regulations in the Federal Register

University of Texas at Austin3

Michigan Technological University

Chapter 3: Environmental regulations:changes over time

Bishop, “Pollution Prevention: Fundamentals and Practice”, McGraw-Hill, 2000

Major Laws/Amendments Environmental Regulations

University of Texas at Austin4

Michigan Technological University

The 9 essential environmental regulations:

the manufacture of chemicals

EnvironmentalStatute

DateEnacted

Purpose ofLegislation

Key Provisions

Regulation of ChemicalManufacturing

The Toxic SubstancesControl Act (TSCA)

The Federal Insecti-cide, Fungicide, andRodenticide Act(FIFRA)

The OccupationalSafety and Health Act(OSH Act)

1976

Enacted,1947Amended,1972

1970

Assess the risks ofchemicals before theyare introduced intocommerce.

Assess the risks of pes-ticides and to controltheir usage to minimizeexposure.

Control exposure tochemicals in the work-place

Chemical manufacturers, importers, orprocessors, must test new chemicalsand submit a Premanufacturing Notice(PMN) to EPA.

Before any pesticide can be distrib-uted or sold in the U.S., it must beregistered with the EPA.

Companies must adhere to all OSHAhealth standards (exposure limits tochemicals) and safety standards(physical hazards from equipment).Requires companies to develop (ma-terial safety data sheet (MSDS).

University of Texas at Austin5

Michigan Technological University

EnvironmentalStatute

DateEnacted

Purpose ofLegislation

Key Provisions

Regulation of Dischargesto the Air, Water, and Soil

Clean Air Act (CAA)

Clean Water Act (CWA)

Resource Conservationand Recovery Act(RCRA)

1970

1972

1976

Establish uniform ambient airquality standards / control airpollution discharge. Address spe-cific air pollution problems (haz-ardous air pollutants, stratosphericozone depletion, and acid rain).

Reduce pollutant discharges intothe nationÕs waterways (Òzero dis-chargeÓ goal). Make water bodiessafe for swimming, fishing, andother forms of recreation (Òswim-mableÓ goal).

Regulate the Òcradle-to-graveÓgeneration, transport, and dis-posal of both non-hazardous andhazardous wastes to land, en-courage recycling, and promotethe development of alternative en-ergy sources based on solid wastematerials.

National Ambient Air Quality Stan-dards (NAAQS) for CO, Pb, NO2,O3, particulate matter, and SO2.States must develop source-specific emission limits to achievethe NAAQS.

National Pollutant Discharge Elimi-nation System (NPDES) permitprogram. Permit holders mustmonitor discharges, collect data,and keep records of the pollutantlevels of their effluents.

Generators must maintain recordsof hazardous waste generation andtransportation, and file this data inbiennial reports to the EPA.Transporters and disposal facilitiesmust adhere to similar require-ments for record keeping andmonitoring the environment.

The 9 essential environmental regulations :

discharges to air, water, and soil

University of Texas at Austin6

Michigan Technological University

The 9 essential environmental regulations :

clean-up, disclosure, and pollution prevention

EnvironmentalStatute

DateEnacted

Purpose ofLegislation

Key Provisions

Clean-Up, EmergencyPanning, and PollutionPrevention

The ComprehensiveEnvironmental Re-sponse, Compensation,and Liability Act(CERCLA)

The Emergency Plan-ning and CommunityRight to Know Act(EPCRA Ğ part of SARA)

Pollution PreventionAct (PPA)

1980

1986

1990

Identify and clean up hazardouswaste sites at industrial com-plexes, and federal facilities. EPAis responsible for creating the Na-tional Priority List (NPL). Amendedby the Superfund Amendmentsand Reauthorization Act (SARA)of 1986.

1) to respond to chemical releaseemergencies, and 2) compile aninventory of toxic chemical re-leases to the air, water, and soilfrom manufacturing facilities.

Establish pollution prevention asthe nationÕs primary pollutionmanagement strategy with em-phasis on source reduction. Es-tablished a Pollution PreventionInformation Clearinghouse.

EPA identifies potentially responsi-ble parties (PRPs) and notifiesthem of their potential CERCLAliability, which is strict, joint andseveral, and retroactive.

Facilities must help state and localentities to develop emergency re-sponse plans, and report annuallyto EPA data on toxic substances .

Owners and operators of facilitiesthat are required to file a Form Runder the SARA Title III to report tothe EPA information regarding thesource reduction and recycling ef-forts that the facility has undertakenduring the previous year.