Module 1: Environmental Policy and Regulation

1. Module 1: Environmental Policy and Regulation

2. Environmental Policy and Regulation • Introduction • Environmental Policy Process • Environmental Agencies • Environmental Laws

3. Introduction • Environmental exposures represent one of the greatest challenges to human and ecosystem health • Efforts are continually focused on preventing environmental disease and protecting ecological systems

4. Introduction • Examples of current environmental challenges include: • Childhood lead poisoning • Pesticides in food and water • Elevated ground level ozone • Global climate change • Inadequate policies and procedures to reduce environmental risks • Linking environmental hazards to the risks • Interrelationships between environmental health and policies and programs • Nutrient enrichment of the Gulf of Mexico • Mercury in fish

5. Introduction • Public health protection from environmental hazards is regarded as a fundamental human right • Policies must take into account public health disparities • Environmental sources of disparities need to be addressed in the policy making process – such as increasing occurrence of childhood asthma

6. Environmental Policy Process • To review the basic process for environmental laws and regulations go to: • http://www.epa.gov/epahome/lawintro.htm

7. Environmental Policy Process • Congress enacts statutes • Statutes establish national minimum standards for environmental protection, such as water quality standards • Standards specify acceptable ambient levels of contaminants • Of course, Congress determined states would want to administer programs related to the statutes • Therefore, states can have “Primacy” to carry out an environmental protection program in lieu of a federal agency, such as the U.S. Environmental Protection Agency

8. Environmental Policy Process • Federal statutes typically specify the minimum requirements of a state program • Once a state demonstrates “primacy” it has responsibility for the following within its borders related to the applicable environmental regulation: • Permitting • Advisement • Monitoring • Enforcement • If a state fails to provide appropriate environmental protection the Environmental Protection Agency can initiate efforts to take the program back.

9. Environmental Policy Process • Environmental Law – all requirements imposed by governmental agencies to protect human health and the environment • Environmental Policy • Public Sector – a government’s use and creation of laws, regulations, statues, and other mechanisms for environmental protection • Private Sector - an organization’s mission and principles in relation to its environmental performance

10. Environmental Policy Process • Step 1: Problem definition – formulation – reformulation • Step 2: Establishing priorities • Step 3: Policy establishment • Step 4: Policy implementation • Step 5: Policy assessment

11. Environmental Policy Process • Step 1: Problem definition – formulation – reformulation • Defining the problem for which policy is needed • Significant environmental health problems are selected with realistic and practical solutions • Poor planning at this stage leads to failure in policy implementation • Assessment of the policy may result in reformulating the problem definition

12. Environmental Policy Process • Step 2: Establishing priorities • Deciding who, how, and when to deal with the environmental problem • Budgetary and resource constraints dictate that priorities be established • Must weigh the complexity of the problem against the need to develop feasible, realistic, and workable policy • Barriers • lack of information on environmental risks • lack of coordination between agencies and entities • fragmentation of authority – numerous committees and subcommittees in Congress

13. Environmental Policy Process • Step 3: Policy establishment • Adoption of policies, procedures, and programs designed to protect human health and the environment from environmental hazards • Barriers • lack of empirical data on the scope of the risks • inability to translate research into programs and services

14. Environmental Policy Process • Step 4: Policy implementation • Achieving the objectives established by the policy • Barriers • changes in political power and administration • lack of economic incentives • political and social climate

15. Environmental Policy Process • Step 5: Policy assessment • Assessment of the effectiveness of the policy • Environmental policies may include objectives that can be evaluated using data from a monitoring program • Barriers • inadequate data – poor quality and quantity of data • lack of objectives within the policy • lack of resources to conduct the assessment

16. Environmental Agencies • United States Environmental Protection Agency (EPA) • Paramount environmental regulatory agency in the federal government of the United States • EPA administers the following: • Clean Air Act • Clean Water Act • Resource Conservation and Recovery Act (RCRA) • Comprehensive Environmental Response Compensation and Liability Act (CERCLA) • Toxic Substances Control Act (TSCA) • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) • Headquartered in Washington, D.C. with eleven regional offices

17. Environmental Agencies • The Corps of Engineers (Corps) of the Department of the Army • Section 404 of the Clean Water Act requires permits for dredging and filling in waters of the United States • Primary permitting and enforcement agency for these activities • Specifies the procedures and criteria for the issuance of Section 404 permits. • EPA has separate but parallel guidelines used in evaluating dredging and filling • For more information see http://www.epa.gov/owow/wetlands/regs/

18. Environmental Agencies • United State Fish and Wildlife Service • Promulgates rules related to the Endangered Species Act • Designate threatened or endangered species • Define critical habitats for these species • Not a strict regulatory agency, advise Corps of Engineers in 404 permits related to endangered species

19. Environmental Agencies • Council on Environmental Quality • http://www.whitehouse.gov/ceq/aboutceq.html • Appointed by and answering to the President • Rule-making agency under the National Environmental Policy Act • Rules for environmental impact statements • Reviews statements developed by federal agencies • Works to coordinate and develop environmental policies and initiatives

20. Environmental Laws • Comprehensive Environmental Response, Compensation, and Liability Act • Enacted by Congress in 1980, amended in 1986 • Known as CERCLA or Superfund • Promulgated to remedy abandoned hazardous waste sites where responsible parties difficult to locate • EPA must identify sites for priority cleanup and remediation • Sites that pose the greatest threats danger to human health and the environment are placed on the National Priorities List (NPL)

21. Environmental Laws • Comprehensive Environmental Response, Compensation, and Liability Act • Allows the federal government to force private parties to cleanup abandoned hazardous wastes • 1991 average cleanup cost was $25M, excluding litigation costs • Average cleanup takes 13 to 15 years from listing to completion • Remediation can take up to three times as long

22. Environmental Laws • Resource Conservation and Recovery Act • RCRA • Amended the Solid Waste Disposal Act • Governs solid wastes under subtitle D • Governs hazardous waste under subtitle C • Governs underground storage tanks (USTs) under subtitle I • Details a comprehensive “cradle to grave” system governing the generation, transport, storage, treatment, and final disposal of hazardous waste

23. Environmental Laws • Resource Conservation and Recovery Act • Structured to allow states to serve as the “primacy” agency • Different from Superfund or CERCLA in that it deals with hazardous wastes on active sites • Provides baseline enforcement standards for hazardous wastes from “cradle to grave” • States may promulgate more stringent regulations

24. Environmental Laws • Clean Air Act • Framework for federal and state regulation of air emissions sources • EPA website - http://www.epa.gov/air/caa/ • Divided into various titles and sections for standards, implementation, regulations of hazardous air pollutants, enforcement, permits, acid rain, and stratospheric ozone protection

25. Environmental Laws • Clean Air Act • Framework for federal and state regulation of air emissions sources • EPA website - http://www.epa.gov/air/caa/ • Divided into various titles and sections for standards, implementation, regulations of hazardous air pollutants, enforcement, permits, acid rain, and stratospheric ozone protection • Most recent amendments in 1990

26. Environmental Laws • Toxic Substances Control Act • TSCA • Enacted January 1, 1977 • Authority to EPA Administrator to regulate commerce and protect human health and the environment • Requires testing and imposes use restrictions on certain chemical substances and mixtures • Includes new chemicals and PCBs

27. Environmental Laws • Toxic Substances Control Act • EPA has the authority to identify potentially harmful chemical substances and: • Limit manufacture, import, and export • Require industry to keep thorough records, submit reports, and conduct tests on chemicals of concern • Take control action to regulate chemicals that pose an “unreasonable risk” to human health and the environment • prohibitions on disposal, processing, manufacture, or distribution • limits on use • requirements for labeling • Applies to all chemical substances, except pesticides, tobacco, nuclear material, firearms and ammunition, food, food additives, drugs, and cosmetics

28. Environmental Laws • Federal Insecticide, Fungicide, and Rodenticide Act • Requires all pesticides to be registered by the EPA • EPA regulates the conditions for use, importation, labeling, and level of pesticide residues in foods • EPA classifies pesticides as restricted or nonrestricted use • Prescribes standards for licensing and certification of pesticide applicators • Defines pesticides

29. Environmental Laws • Safe Drinking Water Act • Originally passed in 1974, amended in 1986 and 1996 • Provides for the protection of public health by regulating public water supplies • http://www.epa.gov/safewater/sdwa/index.htm • EPA promulgates national health-based standards for contaminant levels allowed in public drinking water supplies • Requires sources of water to be treated to meet these standards

30. Environmental Laws • Safe Drinking Water Act • Standards protect against naturally occurring and manmade contaminants • The 1996 amendments put forth requirements for protection of drinking water sources • Rivers • Lakes • Springs • Groundwater wells • Does not regulate private wells that serve fewer than 25 individuals

31. Environmental Laws • Clean Water Act • Federal Water Pollution Control Act Amendments of 1972, amended in 1977 to become known as the Clean Water Act • Provides for surface water protection in the United States • Basic structure for regulating discharges of pollutants to surface waters • Designed to reduce direct pollutant discharges

32. Environmental Laws • Clean Water Act • The Act funds the development of wastewater treatment facilities • Directs management of polluted runoff • Primary goals are to restore and maintain the physical, biological, and chemical integrity of the nations surface waters • Allow for protection of aquatic ecosystems and recreation • Designates uses of surface water for protection

33. Environmental Laws • Clean Water Act • Regulates industrial, wastewater, and other discharges through the National Pollutant Discharge Elimination System (NPDES) • NPDES Phase II is designed to reduce the impacts of urban stormwater runoff

34. Environmental Laws • Occupational Safety and Health Act • Administered by the Dept. of Labor, Occupational Safety and Health Administration • Promulgated in 1970 to assure safe and healthful working conditions for working men and women • Authorizes enforcement through developed occupational safety and health standards • assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes. • Last amended in 2004

35. Environmental Laws • Occupational Safety and Health Act • Administered by the Dept. of Labor, Occupational Safety and Health Administration (OSHA) • Promulgated in 1970 to assure safe and healthful working conditions for working men and women • Authorizes enforcement through developed occupational safety and health standards • OSHA assists and encourages states in their efforts to assure safe and healthful working conditions • OSHA provides research, information, education, and training in the field of occupational safety and health • Last amended in 2004 • OSHA website - http://www.osha.gov/index.html

36. References • Friis, Robert H. 2007. Essentials of Environmental Health. Jones and Bartlett Publishers, Inc. 390 pp. • Lehr, Jay H. 2000. Standard Handbook of Environmental Science, Health and Technology. McGraw-Hill Companies, Inc. • Websites listed on individual slides