Ch 18: Environmental Law
clean air area
ATTAINMENT AREAS or PSD (prevention of significant deterioration areas) -- (def.) air of better quality than required by NAASQ -- include national parks, wilderness areas, & other areas where air quality better than national standards b/c of the sensitive nature of those area, only a slight increase in pollution is allowed from new construction called -- MAX. ALLOWABLE INCREASE -- any activity, including construction or expansion of a plant that will cause the max. allowable increase new construction allowed if: 1. owner must agree to install BACT on new plants --(best available control technology) -- as determined by EPA to control its air pollution 2. owner must show that pollution from its plant will not cause max. allowable increase in the area to be exceeded -- max. allow. inc. in various forms of air pollution depends upon classification of an area & the effect a particular pollutant would have on the air there -- some PSD classes, such as wilderness areas, are subject to much stricter controls than less sensitive PSD areas
the permit system
Clean Air Act sets rules for construction of new industrial plants or for major renovations of existing facilities standards imposed on plant owners depend on the air quality of area in which a plant is built 1. clean air area 2. dirty air area plant owner required to obtain a preconstruction permit from EPA or the state agency that enforces the Act
superfund
Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) provides the authority clean up abandoned hazarous sites was amended in 1986 w/ SARA (Superfund Amendments & Reauthorization Act) -- imposed a tax on the pretrolium & chemical instries -- some of the $1 - 2 bil /year revenue went to Superfund cleanups -- tax expired in 1995 & private parites are incurring much of cleanup costs National Priority List (NPL) -- locations that recieve most attention & fed resouces -- some sites cost a few $ mill to clean up; others as hight as $1/2 bil -- EPA has cleaned up 1000+ sites -- 1300 are in various stages of work
Fed Insecticide, Fungicide, & Rodenticide Act (FIFRA)
EPA keeps track of pesticides requires that the economic & environmental cost & benefits of each product be considered
T0xic Substance Control Act (TSCA)
EPA keeps track of the 83,000+ chemicals registered b/c chemicals can cause health hazards, accurate info about their effects is vital permanufacture notice (PMN) -- when a producer wants to sell a new chemical, must notify EPA -- must be submitted at least 90 days prior to manufacture or import of chemical under TSCA there is a presumption of innocence -- EPA must show that a chemical poses health hazard before restricting banning
dirty air areas
NONATTAINMENT AREAS -- have not met NAAQS -- to build, requires more restrictive standards than imposed on PSD areas EMISSIONS OFFSET policy requirement: 1. new plant's pollutions must be controlled to max. degree possible -- plant must use LAER (lowest achievable emissions rate) technology -- LAER can be a cleaner technology than the BACT requirements -- generally, EPA designates LAERs as the cleanest emission technology in use by any single plant 2. new plant owners must certify that any other plants they have in the area meet SIP requirements 3. new plant can be built in a nonattainment area only if any increase in air pollution from new plant is offest by reductions in same pollutants from other plants in area -- when new plant is operating, area must enjoy an overall air quality
manifest system
RCRA forces compliance by hazardous waste generators, transporter, & TSD-sites owners producers of hazardous waste must complete a manifest (a form) that states nature of hazardous waste & ID its origins, shipping route, & final destination -- waste must be packaged in appropriately & properly labeled containers generators must give transporter of waste a copy of the manifest -- transporters, such as trucking co.s, must signe manifest & upon delivery, provide a copy to owner of TSD sites, who must return a copy of manifest to generator, thereby closing the circle -- if generator is not informed of proper disposal of waste, it notifies EPA this reporting system provides regulators w/ability to track hazardous waste through its generation, transportation, & disposal phases -- intended to prevent disposal of unlicensed facilities
major air pollutants subject to NAAQS
SULFUR DIOXIDE (SO2) * sources: -- power & industrial plants that burn sulfur-containing fossil fuels -- smelting of sulfur-bearing ores * health effects: -- causes & aggravates respiratory ailments, indusing asthma, chronic bronchitis, emphasyma PARTICULATES (PM) * sources: -- wind erosion -- stationary sources that burn solid fuels -- agricultural operations * health effects: -- chest discomfort -- throat & eye irritation -- respiratory probs OZONE (O3) * sources: -- mostly from vehicle exhaust, refineries, chemical plants * health effects: -- aggravates respiratory ailments -- causes eye irritation CARBON MONOXIDE (CO) * sources: -- motor vehicle exhaust & other carbon-containing materials -- natural source * health effects: -- reduces oxygen-carrying capacity of blood -- impairs heart function, visual perception, alertness NITROGEN OXIDE (NOx) * sources: -- motor vehicle exhaust -- power plants * health effects: -- aggravated respiratory ailments LEAD (Pb) * sources: -- nonferrous metal smelters -- motor vehicle exhaust * health sources: -- can cause mental & physical disabilities (lead poisoning) CARBON DIOXIDE (CO2) * sources: -- primarily fossile fuels * health effects: -- at local level can cause blood poisoning -- globally may cause climate change ** major greenhouse gas - recently added to list
National Ambient Air Quality Standards (NAAQS)
a key regulatory program for air quality EPA determines NAAQS for air pollutants that arise or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare NAAQS sets limits on how much of a pollutant is allowed to be found in the air outside (AMBIENT AIR) as its quality is measured at hundreds of sites around the country primary factors for a pollutant NAAQS are the public health effect -- secondary factors are its considerations fof public welfare effects (impacts on plants, animal, soil, & constructed surfaces) after EPA sets NAAQS for a pollutant, it measures levels & declares states to be in or out of compliance w/standard -- states not in compliance must take steps to improve or risk losing fed highway funding or other fed funds
emission offset
a requirement that for a polluting facility to be built or expanded, owner must reduce certain pollutants by as much or more than new pollution to be generated this may be done by payin other polluters to reduce emissions -- buying them, closing them, or paying for their pollutions controls --i.e. if new plant will add ten units of pollution to air, owner must reduce pollution elsewhere in area by more than 10 units
regulation of TSD sites
certain hazardous wastes must be treated prior to disposal treatment facitly -- is where there's a change in the physical, chemical or biological character of hazardous wast to make it less hazardous or to recover energy or materials from it storage facilty -- where waste is held, such as storage tanks, until it can be dsposed of or treated disposal facilty -- where hazardous wastes are place into water or land, such as landfills
Resource Conservation & Recovery Act (RCRA)
concerned w/ toxic substances are handled once they are in the market or when they are being disposed of requires that hundred of thousands of generators, who create millions of tons of hazardous waste each year, comply w/EPA regulatory progrm from over the transportion, storage, treatment, & disposal of hazardous waste, so that it reduces the dangers to health & environment characteristics of hazardous waste are: -- ignitablility - i.e. gasoline -- corrosivity: acids -- reactivity: unstable chemicals -- toxicity: ingredients threatening groundwater - batteries, pesticides TSD (treatmet, storage & disposal sites) -- only place wherer hazardous waste may be stored or disposed of -- owners must have obtained permit from EPA -- mujst agree to meet all regs re: handling of hazardous waste -- RCRA regulates sites
Clean Air Act
established fed authority to control air pollution -- forced states to act more quickly to clean up air requires EPA to set pollution standards & through forced cooperation of the states, to enforce the standards across the country
EPA (Environmental Protection Agency)
implements & enforces fed environmental mandates -- environmental quality outside a plant **primary responsibility for 4 major external environments: 1. air pollution ** 2. water pollution ** 3. land pollution ** 4. pollution associated w/ certain products
Endangered Species Act (ESA)
in some respects, the toughest environmental statute of all recognizes value of species habitat -- authorizes designation of CRITICAL HABITAT - areas needed to preserve endangered species -- calls for recovery plans for listed species Fish & Wildlife Service (FWS) of the Dept of the Interior -- has primary responsibilty for ESA -- devises recovery programs for approx. 1150 recognized threatend & endangered species in US -- authorizes Secretary of Interior to declare species of animal or plant life endangered & to establish critical habitiat of such species when species listed as endangered or threatend -- ESA imposes obligations on private & public parties -- no person may take, import, or conduct commerical activity w/respect to any endangered species -- ESA state that protection may not result in the destruction or modification of habitat of endangered species
Clean Water Act (CWA)
objective is to restore & maintain the chemical, physical, & biological inegrity of the Nation's waters 5 main elements: 1. national EFFLUENT (pollution) standards set by EPA for each industry 2. water quality standards set by states under EPA approval 3. a DISCHARGE PERMIT program that sets water quality standards to reduce pollution 4. special provisions for toxic chemicals & oil spills 5. construction grants & loans from the fed govt for POTW (publicly owned treatment works), such as sewage treatment plant ** unlawful for any person, business, or govt to dump pollutants into navigable waters w/o a permit -- except for isolated small bodies of water, all waters are considered to be under fed jurisdiction -- NPDES (National Pollution Discharge Elimination Permits) required not only for dumping waste water into water but even for moving water from one place to another industrial permits -- industrial discharges subject to a permit process -- under NPDES, EPA & state environmental agencies, required to list amt & type of their discharges -- polluters issued permits to release various pollutants in specified quantities
pollution
the release of substances into the air, water, or land that causes physical damages
potentially responsible parties (PRPs)
there may be mutltiple PRPs on abondoned dump sites EPA published a PRP Search Manual to give guidance on finding parties who may be brought to a Superfund site cleanup CERCLA defines PRPs who can be held liable for both cleanup costs & damages to natural resouces to include: 1. current owners 2. prior owners (at time of disposal) 3. any hazardous waste generator (who arranged for disposal) 4. any transporter (who selected site) parties may be held sticktly & jointly & severally liable for costs -- each party can be liable for entire cleanup cost regardless of size of its contribution to hazardous waste at the site -- each party has a strong incentive to ID other PRPs, often resulting in lengthy, expensive litigation
state implementation plans (SIP)
when EPA sets limits for NAAQS, each state develops a SIP define control efforts to be used in each state to achieve national standards Clean Air Act requires that regulated emission sources meet pollution control requirements as set by SIP by a ceratain date Clean Air Act places primary enforcement burden on the states -- EPA is oversight agency that sets limits on what the states may do & sets min regulations they must impose -- whenever EPA changes air pollution standards, states must revise SIPs, which are then reviewd by EPA -- if a state doesn't submit an adequate plan, EPA writes one for it
