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Federal Environmental Laws

Federal Environmental Laws. Legal Frameworks. Command and Control Laws - Focus:Facilities Air, Water, Hazardous Waste, DW Ambient Standards, Technology Standards, Permits, Monitoring Planning/Land Use - Focus: Projects NEPA/SEPA, ESA, Washington State GMA

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Federal Environmental Laws

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  1. Federal Environmental Laws

  2. Legal Frameworks • Command and Control Laws - Focus:Facilities • Air, Water, Hazardous Waste, DW • Ambient Standards, Technology Standards, Permits, Monitoring • Planning/Land Use - Focus: Projects • NEPA/SEPA, ESA, Washington State GMA • Plans, studies, consultation, public involvement • Will cover more during week 6 • Product Regulation – Focus: Everyone • Pesticides (FIFRA), Toxic Substances Control Act • Testing (before market and after market), controls on product use

  3. Frameworks, Con’t • Clean-up – Focus: Companies • Superfund (CERCLA), Oil Pollution Act, Wa Model Toxics Control Act • Right-To-Know - Focus:Facilities • EPCRA, Safe Drinking Water Act Amendments • Not all neat/clean divisions • CAA regulations on CFCs

  4. Patterns to Look For • Scope/Universe of Facilities • Who/what is regulated (CWA-waters of the US) • Enforcement vs Regulatory Assistance • Inspections, penalties • Grants/loans - Compliance assistance • Role of the Public/Citizens/Businesses • Comments, petitions • Citizen suits • Liability issues • Federal/State/Local Roles • Which laws are delegable? • Role of feds in state/local programs • Voluntary/Market Approaches • Cap and trade, emissions/wetlands banking

  5. Command and Control

  6. Clean Air Act (1970) • First clean air legislation with major regulatory authorities • National Ambient Air Quality Standards • State Control Programs to Achieve NAAQS • Special controls for non-attainment areas • Big impact on WA state metro areas • WA State areas are meeting standards • Technology Based Standards for New/Modified Sources • How this (New Source Review) is done has become a major controversy

  7. CAA - con’t • Mobile Source (car/truck) controls • Emission standards for categories of sources • Regulation of fuels (i.e. lead) • 1990 Amendments • Stratospheric Ozone Provisions - Title VI • Implements Montreal Protocol • Production of CFCs stopped, distribution of new products banned • Predictions call for long recovery time

  8. Clean Water Act (1972) • National Water Quality Criteria • State Water Quality Standards and Water Body Assessments • National Pollutant Discharge Elimination System • Individual/General Permits • Discharge Monitoring Reports • Technology Based Standards for Categories of Sources

  9. CWA (cont’d) • Grant Programs • Publicly Owned Treatment Works (POTW-sewage plant) - about 70 billion to date • Still Major Gaps in needs vs. funding • 1987 Amendments • Storm water discharge regulations • Non-Point Source Program

  10. CWA - Wetlands • Covered in CWA Section 404 • Permit requirements for dredge/fill in navigable waters, including wetlands • Jointly implemented by EPA/Corps • State Issues 401 Certification • Corps Issues Permits • EPA issues guidance, has veto power • Largely federal program, few states have full delegation

  11. Safe Drinking Water Act - 1974 • Regulates all systems supplying 25 or more residents - currently about 170,000 in US • Over 150 systems in King County • National health based standards - natural and man made pollutants • Maximum contaminant level goals/standards • Extensive monitoring required for DW sytems • State revolving fund - loan program

  12. RCRA (1976) • Cradle to grave control of hazardous waste • Complex definition (i.e. solid waste includes liquids, gases) • Regulations for generators, transporters, treatment, disposal facilities • Law also regulates solid waste facilities, Underground Storage Tanks • Support to state SW programs • Standards for UST, and a fund to clean up leaking ones (LUST)

  13. Endangered Species Act • Protect biological diversity against habitat loss and degradation, invasive introduced species, and overexploitation • Listing of Species (i.e. Threatened or Endangered) • Decision made by either USFWS (land-based & freshwater species) or NMFS (marine-based species) • With the listing, must also designate the “critical habitat” of the endangered or threatened species • Must also develop and implement recovery plans • FWS favors recovery efforts over critical habitat designations

  14. ESA con’t • Feds must insure that any action authorized, funded, or carried out • Won’t jeopardize the continued existence of an endangered or threatened species or • Result in the destruction or adverse modification of critical habitat area • Agency taking “action” that affects species must consult with appropriate federal agency (NMFS and USFWS)

  15. ESA con’t • Key Definitions • Endangered = Any species in danger of extinction throughout all or a major portion of its range Threatened = Any species likely to become endangered within the foreseeable future throughout all or most of its range • Take = to Harass, Harm, Pursue, Hunt, Shoot, Wound, Kill, Trap, Capture, Collect, or attempt to engage in any such conduct • Biological Assessment prepared when species & habitat are present • Evaluates potential effect of action on species or habitat • Consultation results in Biological Opinion From NMFS or FWS (Jeopardize or Not) • Can result is Incidental Take Statement • Can also result in blocking the action from proceeding in its form • Alternatives must be proposed OR exemption must be pursued

  16. ESA - Take Prohibition (Section 9) • Applies to governments, corporations, municipal entities, and individuals • If government entity approves of an action that incidentally takes a listed species, then the governmental entity can be held financially liable for the consequences • Applies to both public and private property • Even if activity did not qualify for Section 7 Consultation • Some flexibility in 4(d) rules for threatened species • the specification of actions that could be undertaken without the threat of legal sanctions resulting from the take of the species; • the specification of actions which would result in take and are therefore prohibited

  17. ESA-Incidental Take Permit • A “take” may be permitted if it is “incidental to”, and not the purpose of, carrying out a lawful activity • Must submit a Habitat Conservation Plan • Provides insulation w/o defining a “quantity” of allowable take • “No Surprises” rule • During the life of the ITP, no additional requirements (land, water, or financial resources) will be enforced to respond to unforeseen circumstances that result in adverse affects to species • ITP can be revoked or suspended if everything has failed and there is continued jeopardy to existence of species • Offers some assurances to governments, companies and private landowners

  18. Product Control

  19. TSCA (1976) • Previous laws gave government power to act only after damage from toxics chemicals occurred • TSCA Regulates chemicals in three main ways • Testing and possible regulation for existing chemicals (testing done, not much regulation) • Premanufacturing notice and testing required for all new chemicals • Known hazardous chemicals banned from commerce • PCBs

  20. Federal Insecticide, Fungicide, and Rodenticide Act (1972) • Transferred control of pesticide law from Dept of AG to EPA • Strengthened the registration process • Covers about 19,000 pesticides currently in use • Removal of pesticides from market • Cancellation • Suspension • Labeling requirements • Ingredients, allowed uses, directions for use

  21. Clean-Up

  22. Superfund (1980) • Responses to releases or threatened releases of hazardous substances • Established a trust fund to provide for cleanup • Fund created via tax on the chemical and petroleum industries • Broad liability imposed on: (1) owners / operators of contaminated property; (2) generators / arrangers; and (3) transporters of hazardous substances • Authorizes two kinds of clean-up actions: • Short-term removals to address releases or threatened releases requiring prompt response • Long-term remedial response actions…permanently and significantly reduce the dangers associated with releases • Long term responses can be conducted only at sites listed on EPA's National Priorities List (NPL).

  23. SF - con’t • Remedial Investigation • Site characterization, risk assessment • Feasibility Study • Detailed analysis of alternatives • Record of Decision • Selection of Alternative (and Justification) • Brownfields Program-important new feature of Superfund • Grant monies for studies and clean-up • Certain liability limits for property owners, neighboring owners, prospective purchasers • State Model Toxics Control Act also covers many sites in Washington

  24. Oil Pollution Act (1990) • Administered by EPA, Coast Guard • Oil tax to create fund for response to oil spills - similar to Superfund • Storage facilities and vessels submit prevention/response plans to feds • Federal/state agencies directed to develop contingency plans/practice responses to spills • Identify critical areas for protection • Identify facilities/supplies/vessels available to respond • Not covered in CRS reference • See:http://www.epa.gov/OEM/content/lawsregs/opaover.htm

  25. Community Right to Know

  26. EPCRA • Response to Bhopal disaster • Major provisions • Toxics Release Inventory • Annual reports for facilities that release certain levels to air, water, land, off-site transfers • Available via EPA’s TRI-ME website • Reporting on locations of hazardous materials • Establishes response coordination mechanisms

  27. Other Laws

  28. WA State Environmental Laws • State Environmental Protection Act - Wk6 • Also Federal NEPA law • Growth Management Act - Wk6 • Shoreline Protection Act • Model Toxics Control Act • State versions of CAA, CWA, RCRA, SDWA

  29. Farm Bill • New bill enacted every few years - Most recent is 2007 • Conservation Reserve Program - Sodbuster • Purchasing land to retire from production • Wetlands Reserve Program - Sodbuster • Purchasing of easements on farm wetlands • Environmental Quality Incentives Program • Financial support for environmental improvement practices • Major reductions on erosion • From 21 to less than 2 tons/acre/year on CRP lands • Administered by USDA& NRCS

  30. Public Resource/Land Management • National Wildlife Refuge System Administration Act -1966 • Wilderness Act - 1964 • Federal Land Policy and Management Act - 1976 • Farm Bills

  31. Wildlife/Species Protection • Endangered Species Act - 1973 • Marine Mammal Protection Act - 1972 • Fish and Wildlife Coordination Act - amended 1958

  32. Cultural/Historic Resources • Historic Sites, Buildings and Antiquities Act of 1935 • Archeological and Historic Preservation Act, as amended - 1974 • National Historic Preservation Act - 1965 • Archeological Resources Protection Act of 1979

  33. Water Resources • Estuary Protection Act - 1968 • Wild and Scenic Rivers Act - 1968 • Marine Protection, Research, and Sanctuaries Act of 1972 • Outer Continental Shelf Lands Act, as amended - 1978

  34. Energy Related Laws • Federal Power Acts - 1920, 1935 • Relicensing of Hyrdo Projects • Now handled by FERC • Energy Conservation Act - 1975 • Fuel efficiency standards for cars • Energy Security Act of 1980 • PNW Power Planning & Conservation Act • Energy Policy Acts - 1992, 2005

  35. References • Clean Air Act • http://www.epa.gov/air/criteria.html • http://www.epa.gov/oar/oaqps/greenbk/ • http://www.ecy.wa.gov/programs/air/other/namaps/Web_Map_Intro.htm • http://www.esrl.noaa.gov/csd/assessments/2006/chapters/Q11.pdf

  36. CWA • http://www.epa.gov/waterscience/criteria/ • http://apps.ecy.wa.gov/wqawa/viewer.htm • http://www.ecy.wa.gov/programs/wq/tmdl/index.html • http://www.ecy.wa.gov/programs/sea/pac/ppds_info/section_404.pdf • http://www.epa.gov/owow/wetlands/guidance/ • http://www.epa.gov/owow/wetlands/pdf/404c.pdf • http://www.ecy.wa.gov/programs/wq/stormwater/

  37. SDWA • http://dnr.metrokc.gov/wlr/watersup/waterweb.htm • http://www.epa.gov/safewater/contaminants/index.html • http://www.seattle.gov/util/About_SPU/Water_System/Water_Quality/Water_Quality_Annual_Reports/index.asp • http://www.doh.wa.gov/ehp/dw/

  38. RCRA • http://www.fedcenter.gov/assistance/facilitytour/hazardous/whatis/flowchart/ • http://www.ecy.wa.gov/pubs/96436.pdf • http://www.ecy.wa.gov/programs/hwtr/reg_comp_guide/pages/regs_hazwaste.html • http://www.epa.gov/oust/ltffacts.htm

  39. TSCA • http://www.epa.gov/opptintr/chemtest/pubs/summarylist.htm • http://www.epa.gov/pbt/pubs/pbtstrat.htm • http://www.hud.gov/offices/lead/leadstatutes.cfm

  40. FIFRA • http://www.epa.gov/pesticides/label/ • http://www.epa.gov/history/topics/fifra/01.htm

  41. ESA • http://www.fws.gov/pacific/bulltrout/colkla/criticalhab.htm • http://www.fws.gov/endangered/hcp/NOSURPR.HTM • http://sunsite.utk.edu/ncedr/casestudies/hcp/weyerhaeuser.htm

  42. Superfund • http://epaosc.net/region_list.asp?region=10 • http://yosemite.epa.gov/r10/cleanup.nsf/webpage/Washington+Cleanup+Sites!OpenDocument&Count=250 &ResortAscending=3 • http://www.epa.gov/brownfields/html-doc/2869sum.htm

  43. EPCRA • http://oaspub.epa.gov/enviro/fii_master.fii_retrieve?county_name=king&state_code=WA&all_programs=YES&program_search=1&report=1&page_no=1&output_sql_switch=TRUE& database_type=TRIS

  44. Farm Bill • http://www.ers.usda.gov/FarmBill/2008/ • http://www.nationalaglawcenter.org/assets/farmbills/conservation.html

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