Environmental History & Basics of Environmental Statutes
Steve Mason
15th Annual OSC Readiness Training Program
www.oscreadiness.org What is Environmental Law ?
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 1 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 2 It Can Get Confusing !!!!!
15th Annual OSC Readiness Training Program www.oscreadiness.org 3 Great Moments in History of Environmental Protection
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
15th Annual OSC Readiness Training Program www.oscreadiness.org 4 Great Moments in History of Environmental Protection
1589: Water closet invented by John Harington in England, but indifference to filth and lack of sewage meant usage ignored until 1778
15th Annual OSC Readiness Training Program www.oscreadiness.org 5 Great Moments in History of Environmental Protection
• 1952: London smog killed over 4,000, named "Killer Fog" • So thick, buses could not run without guides walking ahead
15th Annual OSC Readiness Training Program www.oscreadiness.org 6 Great Moments in History of Environmental Protection
“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
15th Annual OSC Readiness Training Program www.oscreadiness.org 7 Corporate Icon # 1
15th Annual OSC Readiness Training Program www.oscreadiness.org 8 History and Overview of EPA “ Why are we here ?”
15th Annual OSC Readiness Training Program
www.oscreadiness.org Comparison of Budgets
11 10.5 10.6 10.2 9.8 9.4 9 8.08 8.68 8.6 8.09 8.37
8.2 7.6 7.6 7.8 7.57 7.7 7.79 7.6 7.8 7.4 7.5 7.4
7 6.5 6.7 6.6 6.2 5.8 5.4 5 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12
$ in billions 15th Annual OSC Readiness Training Program www.oscreadiness.org 10 Comparison of EPA Full-Time Employees
19,000
18,110
17,741 17,904 18,000 17,670 17,739 17,631 17,560 17,558 17,478 17,571
17384 17,324 17,277 17,252 17,152 17,082 17,000
16,000 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12
15th Annual OSC Readiness Training Program www.oscreadiness.org11 11 History of EPA
• Modern environmental movement was inspired by publication of “Silent Spring” in 1962 • April 22, 1970: First Earth Day Celebration
15th Annual OSC Readiness Training Program www.oscreadiness.org 12 History of EPA – Agency Seal
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 13 History of EPA
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 14 History of EPA – Merging of Agencies
Department of Department of Department of Department of Atomic Energy Health, Education, Interior Agriculture Agriculture Commission and Welfare
Air, Solid Waste, Water, Pesticides Pesticides Radiation Drinking Water Pesticides Registration In Food Programs Research
Environmental Protection Agency
15th Annual OSC Readiness Training Program www.oscreadiness.org 15 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 16 EPA administers these statutes:
• 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)
15th Annual OSC Readiness Training Program www.oscreadiness.org 17 EPA administers these statutes:
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 18 Laws that Influence Our Processes and Policies:
• 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)
15th Annual OSC Readiness Training Program www.oscreadiness.org 19 Agency directed by:
• Administrator and Deputy Administrator • Nine Assistant Administrators • General Counsel • Inspector General
All Senate-approved
15th Annual OSC Readiness Training Program www.oscreadiness.org 20 EPA Regional Offices
Seattle New Boston York
Denver Chicago
San Philadelphia Francisco Kansas City
Atlanta Dallas
15th Annual OSC Readiness Training Program www.oscreadiness.org 21 Corporate Icon # 2
15th Annual OSC Readiness Training Program www.oscreadiness.org 22 Law / Rule – Making 101 or “ If ‘progress’ is moving forward, what does ‘congress’ mean? 15th Annual OSC Readiness Training Program
www.oscreadiness.org 15th Annual OSC Readiness Training Program www.oscreadiness.org24 24 Cumulative Growth in Federal Environmental Laws
140
120
100
80
60
40
20
0
15th Annual OSC Readiness Training Program www.oscreadiness.org25 25 Corporate Icon # 3
15th Annual OSC Readiness Training Program www.oscreadiness.org 26 National Environmental Policy Act (NEPA)
“Tell us what you’re going to do before you do it” Or “You are a Product of Your Environment”
15th Annual OSC Readiness Training Program
www.oscreadiness.org National Environmental Policy Act (NEPA) Introduction
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org28 28 National Environmental Policy Act and Amendments (42 U.S.C. 4321-4347)
Year Act Public Law Number 1970 National Environmental Policy Act P.L. 91-190 1971 Clean Air Act Amendments of 1970 (§ 309) P.L. 91-604 [Did not amend NEPA, but specified EPA responsibilities in the NEPA process] 1975 Authorizations — Office of Environmental P.L. 94-52 Quality 1975 National Environmental Policy Act P.L. 94-83 [Administrative Delegation to State] Amendment
15th Annual OSC Readiness Training Program www.oscreadiness.org 29 NEPA
• 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.
15th Annual OSC Readiness Training Program www.oscreadiness.org 30 NEPA
• 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)
15th Annual OSC Readiness Training Program www.oscreadiness.org 31 NEPA Process
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 32 NEPA Process
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 33 NEPA Process
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 34 EPA Functions Under NEPA
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 35 NEPA - Conclusion
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 36 Corporate Icon # 4
15th Annual OSC Readiness Training Program www.oscreadiness.org 37 Toxic Substances Control Act (TSCA)
“If it’s such bad news, do not even think about making it in the first place
15th Annual OSC Readiness Training Program
www.oscreadiness.org TSCA – Introduction
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 39 Toxic Substances Control Act and Amendments (15 U.S.C. 2601-2671)
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 - P.L. 110-140 Healthy High-Performance Schools
15th Annual OSC Readiness Training Program www.oscreadiness.org 40 TSCA – Background
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 41 TSCA – Title I
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 42 Pre-Manufacture Notification
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 43 EPA Determination
• EPA must evaluate chemical risk, and make rules to protect against unreasonable risk or • determine no unreasonable risk, based on available data
15th Annual OSC Readiness Training Program www.oscreadiness.org 44 Regulatory Controls
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
15th Annual OSC Readiness Training Program www.oscreadiness.org45 45 Information Gathering
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 46 Corporate Icon # 5
15th Annual OSC Readiness Training Program www.oscreadiness.org 47 Imminent Hazards
• EPA has authority to seek court orders to control chemicals with unreasonable risk
15th Annual OSC Readiness Training Program www.oscreadiness.org 48 Confidential Business Information
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org49 49 Title II (Asbestos in Buildings)
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 50 Title II -- Asbestos Act
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 51 Title III – Radon Programs
• Added to TSCA in October 1988 • Provided financial and technical assistance to states; optional, not mandatory
15th Annual OSC Readiness Training Program www.oscreadiness.org 52 Title III – Radon Programs
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
15th Annual OSC Readiness Training Program www.oscreadiness.org 53 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 54 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 55 Title IV – Lead Exposure Reduction
Directed development of: • Clearinghouses and hotline • Information pamphlet • Public education and outreach activities
15th Annual OSC Readiness Training Program www.oscreadiness.org 56 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 57 TSCA -- Conclusion
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 58 Corporate Icon # 6
15th Annual OSC Readiness Training Program www.oscreadiness.org 59 Federal Insecticide, Rodenticide, and Fungicide Act (FIFRA)
“If it kills critters, good… If it kills people, bad…
15th Annual OSC Readiness Training Program
www.oscreadiness.org FIFRA – Introduction
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 61 Federal Insecticide, Fungicide, and Rodenticide Act and Amendments (codified generally as 7 U.S.C. 136-136y)
Year Act Public Law Number 1947 Federal Insecticide, Fungicide, and Rodenticide Act P.L. 80-104 1964 Federal Insecticide, Fungicide, and Rodenticide Act P.L. 88-305 Amendments
1972 Federal Environmental Pesticide Control Act P.L. 92-516 1975 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 P.L. 96-539 Amendments
15th Annual OSC Readiness Training Program www.oscreadiness.org 62 Federal Insecticide, Fungicide, and Rodenticide Act and Amendments (codified generally as 7 U.S.C. 136-136y)
Year Act Public Law Number 1988 Federal Insecticide, Fungicide, and Rodenticide Amendments of P.L. 100-532 1988 1990 Food, Agriculture, Conservation, and Trade Act of 1990 P.L. 101-624 1991 Food, Agriculture, Conservation and Trade Amendments of 1991 P.L. 102-237 1996 Food Quality Protection Act (FQPA) of 1996 P.L. 104-170 2004 Pesticide Registration Improvement Act of 2003 P.L. 108-199
15th Annual OSC Readiness Training Program www.oscreadiness.org 63 What is a Pesticide?
Pesticide Class Function Pesticide Class Function Insecticide Controls or kills Avicide Repels or controls insects birds Herbicide Controls or kills Slimicide Controls slime plants Piscicide Kills or controls fish Fungicide Kills fungi Disinfectant Destroys microbs Nematocide Kills nematodes Growth regulator Stimulates growth Rodenticide Kills rodents Defoliant Removes leaves Bactericide Kills bacteria Desiccant Speeds drying Acaricide Kills spiders Repellant Repels pests Algicide Kills algae Attractant Attracts pests Miticide Kills mites Chemosterilant Sterilizes pests Molluscicide Kills snails, slugs
15th Annual OSC Readiness Training Program www.oscreadiness.org 64 Registration of Pesticides
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 65 Corporate Icon # 7
15th Annual OSC Readiness Training Program www.oscreadiness.org 66 Registration of Pesticides
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 67 Registration of Pesticides
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 68 Registration of Pesticides
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 69 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
15th Annual OSC Readiness Training Program www.oscreadiness.org70 70 Public Disclosure, Exclusive Use, Trade Secrets
• 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.
15th Annual OSC Readiness Training Program www.oscreadiness.org 71 Re-Registration
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 72 Re-Registration Fees
• 1988 amendments set 10-year re-registration schedule • EPA added re-registration and maintenance fees
15th Annual OSC Readiness Training Program www.oscreadiness.org 73 Canceling or Suspending Registration
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 74 Use of Unregistered Pesticides
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org75 75 Conclusion
15th Annual OSC Readiness Training Program www.oscreadiness.org 76 Corporate Icon # 8
15th Annual OSC Readiness Training Program www.oscreadiness.org 77 Emergency Planning and Community Right-to-Know Act (EPCRA)
“If you’re going to store and use it, you gotta tell us about it…”
15th Annual OSC Readiness Training Program
www.oscreadiness.org EPRCA -- Introduction
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 79 Emergency Planning & Notification
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 80 Emergency Planning
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 81 Emergency Planning
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 82 Release Reporting
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 83 Chemical Inventory Reporting
• 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.
15th Annual OSC Readiness Training Program www.oscreadiness.org 84 Chemical Inventory Reporting
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 85 TRI Reporting
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 86 TRI Reporting
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 87 Conclusion: EPCRA has two main purposes
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 88 Corporate Icon # 9
15th Annual OSC Readiness Training Program www.oscreadiness.org 89 Pollution Prevention Act (PPA) “You don’t get in trouble if you don’t do it in the first place”
15th Annual OSC Readiness Training Program
www.oscreadiness.org PPA: Introduction
• Required EPA • Establish Office of Pollution Prevention • Implement pollution prevention strategy • Develop source reduction models. • Facilities report source reduction and recycling activities
15th Annual OSC Readiness Training Program www.oscreadiness.org 91 PPA Philosophy
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 92 Pollution
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.”
15th Annual OSC Readiness Training Program www.oscreadiness.org 93 Source Reduction
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
15th Annual OSC Readiness Training Program www.oscreadiness.org 94 PPA Provisions
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 95 Biennial Report
• EPA must develop biennial report on implementation • Trends, gaps, recommendations
15th Annual OSC Readiness Training Program www.oscreadiness.org 96 PPA: Conclusion
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 97 Corporate Icon # 10
15th Annual OSC Readiness Training Program www.oscreadiness.org 98 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?”
15th Annual OSC Readiness Training Program
www.oscreadiness.org CWA: Introduction
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 100 Clean Water Act and Major Amendments (codified generally as 33 U.S.C. 1251-1387)
Year Act Public Law Number 1948 Federal Water Pollution Control Act P.L. 80-845 1956 Water Pollution Control Act of 1956 P.L. 84-660 1961 Federal Water Pollution Control Act Amendments P.L. 87-88 1965 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 P.L. 97-117 Amendments 1987 Water Quality Act of 1987 P.L. 100-4
15th Annual OSC Readiness Training Program www.oscreadiness.org 101 CWA: Introduction
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org102 102 1972 Statute
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org103 103 1972 Legislation Objective
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org104 104 Two Major Parts
• Federal financial assistance for municipal sewage treatment plant construction • Regulatory requirements apply to industrial and municipal dischargers
15th Annual OSC Readiness Training Program www.oscreadiness.org 105 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 106 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 107 Corporate Icon # 11
15th Annual OSC Readiness Training Program www.oscreadiness.org 108 Permits & Regulations
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 109 Permits, Regulations & Enforcement
• 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
Revise Strategies, Conduct if needed Monitoring
CWA Goals and Monitor WQS Develop Results Strategies
Implement strategies
15th Annual OSC Readiness Training Program www.oscreadiness.org 110 Permits, Regulations & Enforcement
• Nonpoint sources of pollution, responsible for most water quality impairments, not subject to CWA permits • Covered by state management of runoff
15th Annual OSC Readiness Training Program www.oscreadiness.org 111 Spill Reporting
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 112 Federal Removal Authority
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 113 NCP
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 114 Oil Spill Plans
• Act required development of prevention and response plans for the discharge of oil • Led to development of SPCC plans and FRPs
15th Annual OSC Readiness Training Program www.oscreadiness.org 115 CWA Conclusion
To “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.”
15th Annual OSC Readiness Training Program www.oscreadiness.org 116 Corporate Icon # 12
15th Annual OSC Readiness Training Program www.oscreadiness.org 117 Safe Drinking Water Act (SDWA)
“Do not put it in a hole in the ground”
15th Annual OSC Readiness Training Program
www.oscreadiness.org Introduction
• 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.
15th Annual OSC Readiness Training Program www.oscreadiness.org 119 Safe Drinking Water Act and Amendments (codified generally as 42 U.S.C. 300f-300j)
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. 95-190 1979 Safe Drinking Water Act Amendments P.L. 96-63 1980 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 P.L. 107-188 Response Act of 2002
15th Annual OSC Readiness Training Program www.oscreadiness.org 120 SDWA -- Background
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 121 Two Major Water Statutes
SDWA CWA Wastewater Water Systems Treatment Plants
Surface Surface Water Ground Water Used for Water Industrial Uses, Used as Recreation, Drinking Wildlife Habitat, Water and Fishing
Ground Water used as Wastewater Drinking Water Discharges
15th Annual OSC Readiness Training Program www.oscreadiness.org 122 National Drinking Water Regulations
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 123 Standard Setting
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 124 Corporate Icon # 13
15th Annual OSC Readiness Training Program www.oscreadiness.org 125 State Primacy
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 126 Ground Water Protection Programs
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 127 Ground Water Protection Programs
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 128 Drinking Water Security
• SDWA amended in 2002 to address threats to drinking water security, which included: • Vulnerability Assessments • Emergency Powers • Tampering with Public Water Systems • Emergency Assistance
15th Annual OSC Readiness Training Program www.oscreadiness.org129 129 Conclusion
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 130 Corporate Icon # 14
15th Annual OSC Readiness Training Program www.oscreadiness.org 131 Oil Pollution Act (OPA)
“Them ducks have to be allowed to swim”
15th Annual OSC Readiness Training Program
www.oscreadiness.org Introduction
• Signed in August 1990, following Exxon Valdez incident • Improved prevention and response to oil spills • Created Oil Spill Liability Trust Fund
15th Annual OSC Readiness Training Program www.oscreadiness.org 133 Introduction
• Provided for contingency planning by government and industry • NCP expanded in three-tiered approach
15th Annual OSC Readiness Training Program www.oscreadiness.org 134 Key Provisions
• Responsible party is liable for damages resulting from discharged oil and removal costs incurred
15th Annual OSC Readiness Training Program www.oscreadiness.org 135 Key Provisions
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 136 Conclusion
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 137 Corporate Icon # 15
15th Annual OSC Readiness Training Program www.oscreadiness.org 138 Clean Air Act (CAA)
“Don’t put it up the stack”
15th Annual OSC Readiness Training Program
www.oscreadiness.org Background
• Act seeks to protect human health and environment from ambient, or outdoor, air pollution
15th Annual OSC Readiness Training Program www.oscreadiness.org 140 Clean Air Act and Amendments (codified generally as 42 U.S.C. 7401-7671)
Year Act Public Law Number 1955 Air Pollution Control Act P.L. 84-159 1959 Reauthorization P.L. 86-353 1960 Motor vehicle exhaust study P.L. 86-493 1963 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 P.L. 93-319 1974 1977 Clean Air Act Amendments of 1977 P.L. 95-95 1980 Acid Precipitation Act of 1980 P.L. 96-294, Title VII
15th Annual OSC Readiness Training Program www.oscreadiness.org 141 National Ambient Air Quality Standards (NAAQS)
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 142 State Implementation Plans (SIPs)
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 143 Nonattainment Requirements
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 144 Emission Standards for Mobile Sources
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 145 Emission Standards for Mobile Sources
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 146 Corporate Icon # 16
15th Annual OSC Readiness Training Program www.oscreadiness.org 147 Emission Standards for Mobile Sources
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 148 Hazardous Air Pollutants
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 149 Hazardous Air Pollutants
• EPA to establish technology-based standards (MACT) for 188 pollutants at sources, including categories of sources • EPA can add/delete pollutants or categories
15th Annual OSC Readiness Training Program www.oscreadiness.org 150 Hazardous Air Pollutants
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 151 New Source Performance Standards
• Established technology-based standards for new industrial facilities • Establishes consistent baseline competing companies must meet • Removes incentive to attract polluting industries to community
15th Annual OSC Readiness Training Program www.oscreadiness.org 152 Prevention of Significant Deterioration
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 153 Acid Deposition Control
• Set goal for reducing SO2 emissions by 10 million tons and NOx emissions by 2 million tons from 1980 levels • SO2 reductions imposed reductions on electric generating facilities in in two steps
15th Annual OSC Readiness Training Program www.oscreadiness.org 154 Acid Deposition Control
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 155 Permits
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 156 Stratospheric Ozone Protection
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 157 CAA -- Conclusion
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 158 Corporate Icon # 17
15th Annual OSC Readiness Training Program www.oscreadiness.org 159 Solid Waste Disposal Act (SWDA) / Resource Conservation and Recovery Act (RCRA)
“Don’t put it in my backyard !”
15th Annual OSC Readiness Training Program
www.oscreadiness.org RCRA -- Introduction
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 161 Solid Waste Disposal/Resource Conservation and Recovery Act and Major Amendments (42 U.S.C. 6901-6991k)
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
15th Annual OSC Readiness Training Program www.oscreadiness.org 162 RCRA – Background (4 Phases)
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 163 RCRA’s Three Primary Goals
:
Since the enactment of RCRA, hazardous waste generation has been reduced from nearly 300 million tons to 41 million tons per year Recycle and Reuse • 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 164 Four Programs in RCRA
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 165 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 166 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 167 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 168 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 169 The Subtitle C program defines who, what, why, and how waste is regulated
Examples of businesses that typically generate hazardous waste include dry cleaners, auto repair shops, hospitals, and photo processing centers
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 170 Corporate Icon # 18
15th Annual OSC Readiness Training Program www.oscreadiness.org 171 RCRA manages waste cradle-to-grave
• Hazardous waste is managed from the moment it is produced until the moment it is disposed (and beyond)
Storage
Generation Transportation Disposal Treatment
15th Annual OSC Readiness Training Program www.oscreadiness.org 172 A generator is a person whose act first creates or produces a hazardous waste
“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”
• Generators become subject to regulations involuntarily • Hazardous waste is produced as a result of business practices • Regulations not intended to be overly burdensome
15th Annual OSC Readiness Training Program www.oscreadiness.org 173 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)
15th Annual OSC Readiness Training Program www.oscreadiness.org 174 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 175 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 176 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.
15th Annual OSC Readiness Training Program www.oscreadiness.org 177 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 178 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 179 Corporate Icon # 19
15th Annual OSC Readiness Training Program www.oscreadiness.org 180 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”
15th Annual OSC Readiness Training Program www.oscreadiness.org 181 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 182 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 183 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 184 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 185 TSDFs have two types of standards
• General facility standards apply to every TSDF • Recordkeeping* • Unit-specific standards • Contingency plans & emergency apply to the types of units procedures* at a facility • Manifesting* • Design criteria • Personnel training* • Operating criteria • Obtaining an ID number & • Inspections biennial reporting* • Engineering certifications • Security requirements • Financial assurance • Closure and post-closure care • Permitting
15th Annual OSC Readiness Training Program www.oscreadiness.org 186 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 187 RCRA -- Conclusion
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 188 Corporate Icon # 20
15th Annual OSC Readiness Training Program www.oscreadiness.org 189 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
“If you put it there, dig it up”
15th Annual OSC Readiness Training Program
www.oscreadiness.org The Origin of CERCLA
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 191 CERCLA -- Introduction
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 192 Superfund and Amendments (codified generally as 42 U.S.C. 9601-9675)
Year Act Public Law Number
1980 Comprehensive Environmental Response, P.L. 96-510 Compensation, and Liability Act of 1980 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, and P.L. 104-208, Division Deposit Insurance Protection Act A, 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, appendix I, Title VI 2002 Small Business Liability Relief and Brownfields P.L. 107-118 Revitalization Act
15th Annual OSC Readiness Training Program www.oscreadiness.org 193 Key Provisions of CERCLA
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 194 Response Actions
• Authorizes three types of response actions: • Removal action • Remedial action, and • Enforcement action
15th Annual OSC Readiness Training Program www.oscreadiness.org 195 Trust Fund & Inventory
• Creates Hazardous Substance Trust Fund • Holds PRPs liable for cleanup and other costs • Inventories and prioritizes hazardous waste sites • Establishes a National Priorities List
15th Annual OSC Readiness Training Program www.oscreadiness.org 196 Trust Fund
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 197 Responding to Releases
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 198 Responding to Releases
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 199 Corporate Icon # 21
15th Annual OSC Readiness Training Program www.oscreadiness.org 200 National Priorities List
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 201 How Sites are Placed on the NPL
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 202 Steps to be Followed in Remedial Actions
• Remedial Investigation / Feasibility Study (RI/FS) • Record of Decision (ROD) • Public Participation •Alternatives
15th Annual OSC Readiness Training Program www.oscreadiness.org 203 Liability and Financial Responsibility
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 204 Liability and Financial Responsibility
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 205 Brownfields
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 206 Site Assessment Process Under CERCLA
Discovery / Pre-CERCLIS Notification Screening
NFRAP Preliminary Removal Action Assessment (PA)
Deferred to RCRA Dis
Deferred to NRC Site Inspection (SI)
State Cleanup Programs
HRS Package Superfund Alternative Site
Placement on the NPL (NPL Listing Process)
15th Annual OSC Readiness Training Program www.oscreadiness.org 207 CERCLA -- Conclusion
• 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
15th Annual OSC Readiness Training Program www.oscreadiness.org 208 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.
15th Annual OSC Readiness Training Program www.oscreadiness.org 209 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.
15th Annual OSC Readiness Training Program www.oscreadiness.org 210 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.”
15th Annual OSC Readiness Training Program www.oscreadiness.org 211 Corporate Icon # 22
15th Annual OSC Readiness Training Program www.oscreadiness.org 212 CORPORATE ANSWERS
15th Annual OSC Readiness Training Program www.oscreadiness.org 213 Corporate Icon # 1
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15th Annual OSC Readiness Training Program www.oscreadiness.org 219 Corporate Icon # 7
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15th Annual OSC Readiness Training Program www.oscreadiness.org 221 Corporate Icon # 9
15th Annual OSC Readiness Training Program www.oscreadiness.org 222 Corporate Icon # 10
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