Environmental Rules in the Environmental Rules in the United StatesUnited States

National Environmental National Environmental Policy Act (NEPA)Policy Act (NEPA)

Enacted January 1, Enacted January 1, 19701970

Set a national Set a national environmental policyenvironmental policy

Required all federal Required all federal agencies to consider agencies to consider environmental environmental impacts before impacts before undertaking major undertaking major actionsactions

It was a procedural It was a procedural statutestatute

National Environmental National Environmental GoalsGoals

1. Fulfill each generation's responsibilities as a trustee of the environment for each succeeding generation.

2. Assure for all Americans safe, healthful, productive and aesthetically and culturally pleasing surrounding.

National Environmental National Environmental GoalsGoals

3. Attain widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences.4. preserve important historic, cultural and natural aspects of our national heritage

National Environmental National Environmental GoalsGoals

5. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities.

6. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources

Federal Rule MakingFederal Rule Making

StatuteStatute Rule and OrdersRule and Orders Formal and Informal RulemakingFormal and Informal Rulemaking Pre-Enforcement ReviewPre-Enforcement Review

EPA Annual Rule CreationEPA Annual Rule Creation About 130 substantive regulations that apply nation wideAbout 130 substantive regulations that apply nation wide 5-to-10 impose cumulative costs of more than $100 million 5-to-10 impose cumulative costs of more than $100 million

per yearper year 900 proposed regulations, technical corrections to existing 900 proposed regulations, technical corrections to existing

regulations, State Implementation Plans and enforcement regulations, State Implementation Plans and enforcement rulesrules

Clean Air Act (CAA)Clean Air Act (CAA)

Clean Air Act Amendments of 1970Clean Air Act Amendments of 1970– Authorized National Ambient Air Authorized National Ambient Air

Quality Standards (NAAQS)Quality Standards (NAAQS)– Authorized new source performance Authorized new source performance

standardsstandards– authorized national hazardous air authorized national hazardous air

pollutant standardspollutant standards– authorized federal civil and criminal authorized federal civil and criminal

enforcement authorityenforcement authority

NAAQSNAAQS

Primary standards protect against Primary standards protect against adverse health affectsadverse health affects– short term for acute, long term for chronicshort term for acute, long term for chronic– sensitive populations (asthmatics, children sensitive populations (asthmatics, children

and elderlyand elderly Secondary standards protect against Secondary standards protect against

welfare affectswelfare affects– damage to animals, crops, vegetation and damage to animals, crops, vegetation and

buildingsbuildings

  Primary StandardsSecondary Standards

Pollutant LevelAveraging

TimeLevel

Averaging Time

Carbon 9 ppm8-hour (1)

NoneMonoxide (10 mg/m3)  35 ppm

1-hour (1)  (40 mg/m3)

Lead0.15 µg/m3 (2)

Rolling 3-Month Average

Same as Primary

Nitrogen53 ppb (3)

AnnualSame as Primary

Dioxide(Arithmetic Average)

  100 ppb 1-hour (4) NoneParticulate

150 µg/m3 24-hour (5) Same as PrimaryMatter (PM10)

  Primary Standards Secondary Standards

Pollutant LevelAveraging

TimeLevel

Averaging Time

Particulate

15.0 µg/m3

Annual (6)

Same as PrimaryMatter (PM2.5)

(Arithmetic Average)

  35 µg/m3 24-hour (7) Same as Primary

Ozone

0.075 ppm8-hour (8) Same as Primary

(2008 std)

0.08 ppm8-hour (9) Same as Primary

(1997 std)

0.12 ppm 1-hour (10) Same as Primary

Sulfur

0.03 ppm

Annual

0.5 ppm 3-hour (1)Dioxide(Arithmetic Average)

  0.14 ppm 24-hour (1)

  75 ppb (11) 1-hour None

Pollutant Emissions have Pollutant Emissions have Decreased as a Result of Decreased as a Result of

RegulationRegulationPercent Change in Air Quality in the U.S.

-100

-90

-80

-70

-60

-50

-40

-30

-20

-10

0

CarbonMonoxide

(CO)

Ozone (O3) (8-hr)

Lead (Pb) NitrogenDioxide(NO2)

PM10 (24-hr)

PM2.5(annual)

PM2.5 (24-hr)

SulfurDioxide(SO2)

1980 vs 2008

1990 vs 2008

                                                          

                                                                                                                                                                       

Comparison of Growth Areas and Emissions, 1980-2009

CAA 1977 AmendmentsCAA 1977 Amendments

Provision to prevent deterioration Provision to prevent deterioration of air quality in areas that the air is of air quality in areas that the air is better than the NAAQS (PSD)better than the NAAQS (PSD)

CAA 1990 AmendmentsCAA 1990 Amendments 187 air toxics187 air toxics annual fee an any annual fee an any

regulated pollutantregulated pollutant phase-out of Ophase-out of O33--

depleting compoundsdepleting compounds expands federal expands federal

authorityauthority creates two new federal creates two new federal

crimescrimes– knowingly or negligently knowingly or negligently

releasing hazardous releasing hazardous pollutant and putting pollutant and putting another person in another person in imminent dangerimminent danger

Title V Permit to OperateTitle V Permit to Operate

All Major Sources of air pollution must have a permit

Permit requirements must be followed– emission limits– emission monitoring– operations and

maintenance plans– record requirements– reporting requirements– training

Rules to Reduce Air Toxics Rules to Reduce Air Toxics from Industrial Boilersfrom Industrial Boilers

Air toxic-known or suspected to cause cancer Air toxic-known or suspected to cause cancer or other serious health affects in humansor other serious health affects in humans– Mercury adversely affects developing brainsMercury adversely affects developing brains– Cadmium, dioxins, furans, formaldehyde and HClCadmium, dioxins, furans, formaldehyde and HCl

Many can build in environmentMany can build in environment– Cause harm to environmentCause harm to environment– Can build in food chainCan build in food chain

Rules to Reduce Air Toxics Rules to Reduce Air Toxics from Industrial Boilersfrom Industrial Boilers

Promulgated 2/21/2011Promulgated 2/21/2011 A major source A major source

– emits or has the potential emits or has the potential to emit 10 tpy or more of to emit 10 tpy or more of any single HAP or 25 tpy or any single HAP or 25 tpy or more of any combination of more of any combination of HAP. HAP.

An area sourceAn area source– a HAP-emitting stationary a HAP-emitting stationary

source that is not an major source that is not an major sourcesource

Rules to Reduce Air Toxics Rules to Reduce Air Toxics from Industrial Boilersfrom Industrial Boilers

Major source numerical Major source numerical limitslimits– Mercury (MACT)Mercury (MACT)– Particulate matter (surrogate for Particulate matter (surrogate for

non-mercury metals) (MACT)non-mercury metals) (MACT)– Dioxin (MACT)Dioxin (MACT)– Carbon monoxide (for non-Carbon monoxide (for non-

dioxin organic toxics) (MACT)dioxin organic toxics) (MACT)– Hydrogen Chloride (for acid Hydrogen Chloride (for acid

gases) (MACT)gases) (MACT)

Area Source LimitsArea Source Limits– Mercury (MACT)Mercury (MACT)– Particulate matter (new Particulate matter (new

boilers only) (GACT)boilers only) (GACT)– Carbon monoxide (MACT)Carbon monoxide (MACT)

Clean Water ActsClean Water Acts Original Goals (1972)Original Goals (1972)

1. Restore and maintain 1. Restore and maintain the chemical, physical the chemical, physical and biological integrity and biological integrity of the national watersof the national waters

2. Provide for the 2. Provide for the protection and protection and propagation of fish, propagation of fish, shellfish and wildlife shellfish and wildlife and recreation in and and recreation in and on the waters.on the waters.

3. Eliminate the discharge 3. Eliminate the discharge of pollutants by 1985of pollutants by 1985

1977 Amendments CWA1977 Amendments CWA Established the basic structure for regulating pollutants Established the basic structure for regulating pollutants

discharges into the waters of the United States. discharges into the waters of the United States. Gave EPA the authority to implement pollution control Gave EPA the authority to implement pollution control

programs such as setting wastewater standards for industry. programs such as setting wastewater standards for industry. Maintained existing requirements to set water quality Maintained existing requirements to set water quality

standards for all contaminants in surface waters. standards for all contaminants in surface waters. Made it unlawful for any person to discharge any pollutant Made it unlawful for any person to discharge any pollutant

from a point source into navigable waters, unless a permit was from a point source into navigable waters, unless a permit was obtained under its provisions. obtained under its provisions.

Funded the construction of sewage treatment plants under the Funded the construction of sewage treatment plants under the construction grants program.construction grants program.

Recognized the need for planning to address the critical Recognized the need for planning to address the critical

problems posed by nonpoint source pollution.problems posed by nonpoint source pollution.

Evolution of the CWAEvolution of the CWA

more holistic watershed-based more holistic watershed-based strategies. strategies.

equal emphasis on protecting equal emphasis on protecting healthy waters and restoring healthy waters and restoring impaired ones. impaired ones.

Involvement of stakeholder Involvement of stakeholder groupsgroups

Three Elements of Water Three Elements of Water Quality StandardsQuality Standards

Designated Use of the Designated Use of the Water (drinking Water (drinking swimming and fishing)swimming and fishing)

Criteria to protect Criteria to protect those uses (such as those uses (such as chemical-specific chemical-specific threshold)threshold)

Anti-degradation Anti-degradation policy to keep waters policy to keep waters that currently meet that currently meet the standards from the standards from deterioratingdeteriorating

Water Quality of Rivers in Water Quality of Rivers in the United Statesthe United States

Aquatic Life SupportAquatic Life Support

Drinking WaterDrinking Water

Fish ConsumptionFish Consumption

Shell Fish HarvestingShell Fish Harvesting

SwimmingSwimming

RecreationRecreation

AgricultureAgriculture

Ground Water RechargeGround Water Recharge

Wildlife HabitatWildlife Habitat

CultureCulture

Water UsesWater Uses

Solid and Hazardous Solid and Hazardous WastesWastes

Resource Conservation Resource Conservation and Recovery Act (RCRA) and Recovery Act (RCRA) 19761976

Comprehensive Comprehensive Environmental Response, Environmental Response, Compensation and Compensation and Liability Act (CERCLA) Liability Act (CERCLA) 19801980

Hazardous and Solid Hazardous and Solid Waste Amendments Waste Amendments (HSWA) 1984(HSWA) 1984

Superfund Amendments Superfund Amendments and Reauthorization Act and Reauthorization Act (SARA) 1986(SARA) 1986

Purpose of RCRAPurpose of RCRA Regulation of solid Regulation of solid

and hazardous waste and hazardous waste managementmanagement

Focuses on the Focuses on the prevention of releases prevention of releases of hazardous wastesof hazardous wastes

CERCLA and SARA CERCLA and SARA focused on cleaning focused on cleaning up sites created by up sites created by past waste disposal past waste disposal practices and spills of practices and spills of hazardous substanceshazardous substances

Exclusions Exclusions residues in containersresidues in containers domestic sewage, domestic sewage,

industrial wastewater industrial wastewater regulated under CWAregulated under CWA

household wasteshousehold wastes residue from fossil fuel residue from fossil fuel

combustioncombustion mining wastesmining wastes oil and gas refining oil and gas refining

wasteswastes used oil (if it is used oil (if it is

unmixed)unmixed)

All Hazardous Waste All Hazardous Waste Generators are RegulatedGenerators are Regulated

Any person or site Any person or site whose act or process whose act or process produces hazardous produces hazardous wastewaste

generators may generators may accumulate only 90 accumulate only 90 days of hazardous days of hazardous wastewaste– if longer they need to if longer they need to

get a hazardous waste get a hazardous waste storage site permit.storage site permit.

Others Regulated by RCRAOthers Regulated by RCRA

Transporting Transporting treatingtreating storingstoring disposingdisposing

Toxic Substance Control Toxic Substance Control Act TSCAAct TSCA

Identify and control Identify and control toxic chemicalstoxic chemicals

state a U.S. policy on state a U.S. policy on toxic chemicalstoxic chemicals

applies to applies to manufactures and manufactures and processors of chemical processors of chemical substancessubstances

regulates radon, regulates radon, asbestos and lead-asbestos and lead-based paint based paint (ammonia?)(ammonia?)

Emergency Planning and Emergency Planning and Community Right to Know Community Right to Know

ActAct Encourages and Encourages and

supports supports emergency emergency planning at state planning at state and local levelsand local levels

informs informs communities of the communities of the nature and amounts nature and amounts of hazardous of hazardous substances in their substances in their areaarea

EPCRA-Emergency EPCRA-Emergency PlanningPlanning

Requires state and local Requires state and local emergency response emergency response committees (SERC’s and committees (SERC’s and LERC’s)LERC’s)

facilities having facilities having hazardous substances hazardous substances must coordinate must coordinate emergency response emergency response plansplans

emergency notification of emergency notification of chemical releaseschemical releases– extremely hazardous extremely hazardous

substances or CERCLA substances or CERCLA hazardous substances must hazardous substances must be reported immediately be reported immediately

EPCRA-Community Right-EPCRA-Community Right-to-Knowto-Know

Have MSDS for all Have MSDS for all hazardous hazardous materialsmaterials

inventories of inventories of hazardous hazardous materials must be materials must be reported to LERC reported to LERC SERC and local SERC and local fire departmentsfire departments

Toxic Release ReportingToxic Release Reporting

annual report of annual report of toxic chemical toxic chemical releaserelease– ammonia, HCl, ammonia, HCl,

nitrate, lead, nitrate, lead, dioxin, dioxin, acetaldehyde, acetaldehyde, HH22SS

Questions?Questions?