Federal Environmental Laws

1. Federal Environmental Laws

2. 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 • Apply more stringent controls as industry modernizes • How this (New Source Review) is done has become a major controversy

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

4. Clean Water Act (1972) • All streams fishable and swimmable by 1983 • No discharges to “navigable waters” by 1985 • Extent of jurisdiction has been an issue - state law gives more comprehensive definition • National Pollutant Discharge Elimination System • Individual/General Permits • DMR’s • Technology Based Standards for Categories of Sources • National Water Quality Criteria • State Water Quality Standards and Water Body Assessments • TMDLs for water bodies that do not meet standards

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

6. 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

7. Safe Drinking Water Act - 1974 • Regulates all systems supplying 25 or more residents - currently about 170,000 in US • Variety of regulated (over 150) systems in King County • National health based standards - natural and man made pollutants • Maximum contaminant level goals • Maximum contaminant levels • Primary/secondary drinking water standards • State revolving fund

8. SDWA Amendments • 1996 Amendments • Consumer confidence reports • Source water protection programs • 2002 Amendments - Focus on Drinking Water Security • Vulnerability assessments and response plans

9. 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 USTs, solid waste facilities

10. RCRA • Hazardous Waste Manifest (Subtitle C) • Cradle to grave tracking system • Permits (Subtitle C) • Complex, stringent process for HW treatment facilities • Sanitary Landfills (Subtitle D) • Largely state run with EPA guidance • Leaking Underground Storage Tanks (Subtitle I) • Design, construction, operation • Clean-up of spills, including a federal fund (LUST)

11. 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 • Other provisions reduce exposure from known hazards – regulatory & non-regulatory approaches • Lead, asbestos, radon

12. 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

13. FIFRA con’t • 1988 Amendments • Tolerances in food • Worker protection standards

14. 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 • 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 Consultation (Section 7) • 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. Superfund (1980) • Allows federal government to respond directly 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 • Tax provisions expired 1995 • Established liability of persons responsible for releases

19. Superfund (con’t) • 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 • Can be conducted only at sites listed on EPA's National Priorities List (NPL). • Not Delegable • States have parallel laws (MTCA in WA) • State involvement required for fund driven sites, Records of Decision

20. Superfund (con’t) • Brownfields Program important new feature of Superfund • Grant monies for studies and clean-up • Certain liability limits for property owners, neighboring owners, prospective purchasers • Funds to states for voluntary response programs

21. 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

22. Oil Pollution Act (1990) • Administered by EPA, Coast Guard • Oil tax to create fund for response to oil spills • 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

23. OPA (con’t) • Facilities/vessels subject to damage claims for spills • Public damages - trustee agencies • Private suits for damages without common law limitations • Natural Resource Damage Assessments • Regulations developed by NOAA

24. Public Resource/Land Management • National Wildlife Refuge System Administration Act -1966 • Wilderness Act - 1964 • Federal Land Policy and Management Act - 1976 • Farmland Protection Policy Act - 1981 • Farm Bills

25. Farm Bill • New bill enacted every few years - Most recent is 2002 • 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

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

27. 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

28. 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

29. Energy Related Laws

30. 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