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CHMM > Legislation > Flashcards

Legislation Flashcards

0
Q

The FIA of 1910 was mostly about chemical quality standards to discourage fraudulent products & deceptive labeling in interstate commerce. It wasn’t prepared to deal with what 2 things?

A

1) biological health risks

2) potential environmental damage

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1
Q

Like FIA, the FFDCA focused on interstate commerce of misbranded or adulterated products. What one key feature sets FFDCA apart from FIA?

A

Products covered under the Act had to be registered with the USDA.

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2
Q

Use of synthetic organic insecticides in the U.S. went from 100 million pounds in 1945 to what in 1950?

A

300 million pounds

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3
Q

The Federal Food, Drug, and Cosmetic Act (FFDCA) was passed in what year?

A

1938

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4
Q

What episode in 1959 was known in the cranberry industry as “Black Monday”?

A

This was the first modern food scare that took place just before Thanksgiving when a published statement warned of the herbicide aminotriazole in Oregon & Washington cranberries.

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5
Q

Which federal Act was known as the “truth in labeling” law?

A

FIFRA of 1947

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6
Q

Following the precedent set by the FFDCA, FIFRA did what FIA could not, establishing procedures for what?

A

Registering pesticide formulae with the USDA

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7
Q

What was notable about the 1954 PCA (Pesticides Control Amendment) to the FFDCA?

A

It was the first time Congress passed guidance concerning the establishment of tolerance levels for pesticide residues in food.

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8
Q

What are 3 major improvements of FEPCA over FIFRA?

A

1) Risk/Benefit considerations required for registration
2) pesticide registration data made available to the public
3) now claimed jurisdiction over intrastate commerce

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9
Q

The Federal Insecticide Act (FIA), the first pesticide legislation in the U.S., was enacted in what year?

A

1910

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10
Q

How did the Air Quality Act of 1967 attempt to improve on the CAA of 1963?

A

1) It required HEW to designate 247 “air quality control regions” (AQCRs)
2) States were to establish regional air quality standards based on HEW’s federal air quality criteria
3) States were then to submit plans for implementing these regional standards according to a statutory timetable

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11
Q

The Delaney House Committee hearings of 1950-1951 resulted in what 2 amendments to the FFDCA?

A

1) the Pesticides Control Amendment (PCA) of 1954

2) the Food Additives Amendment (FAA) of 1958

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12
Q

In 1988, FIFRA was amended again, requiring the reregistration of what?

What are REDs?

A

It required the reregistration of many pesticides that had been registered before 1984 (~600 active ingredients).

The results of EPA’s reregistration reviews are summarized in Reregistration Eligibility Decisions (REDs).

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13
Q

What did the Delaney clause of the 1958 FAA prohibit?

A

It prohibited carcinogenic pesticide residues in processed food > that found in raw foods.

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14
Q

The APCA of 1955 considered control of source air pollution to be primarily a state & local government responsibility. It directed HEW to study air pollution & control technology, funded training & assistance for state programs, but didn’t otherwise intervene in pollution affairs. Yet it was extended twice without reform in what years?

A

1959 (4 years later)

1962 (3 years after that)

(followed by the CAA of 1963)

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15
Q

How was the CAA of 1963 an improvement over the APCA of 1955?

A

1) instead of just offering training & technical assistance to states, the CAA funded the states to develop their own air programs
2) instead of just directing HEW to study air pollution, the CAA directed HEW to develop advisory air quality criteria
3) provided authority to intervene in interstate conflicts

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16
Q

The FIFRA of 1947 was amended in 1964, accomplishing what 2 things?

A

1) required Registration #’s on product labels

2) authorized Suspension of Use if public safety is threatened

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17
Q

8 years after being amended, in 1972 FIFRA was revised by what Act?

A

The Federal Environmental Pesticide Control Act (FEPCA)

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18
Q

The federal government entered the picture concerning air quality for the first time with the passage of what Act?

A

The Air Pollution Control Act of 1955

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19
Q

The Motor Vehicle Pollution Control Act of 1965 gave the federal government authority to set automobile emission standards, but only for which two pollutant types?

A

1) hydrocarbons

2) CO

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20
Q

The CAA of 1963 was amended in 1965 by what?

A

The Motor Vehicle Air Pollution Control Act

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21
Q

The OSHA standard regarding the occupational exposure to hazardous chemicals in laboratories is found where?

A

29 CFR § 1910.1450

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22
Q

What 2 provisions did the 1977 CAA Amendments add to the 1970 CAA Amendments?

A

1) Prevention of Significant Deterioration (PSD) provision - (New Source Review program for construction/modification of major sources)
2) Nonattainment provision - (much longer and realistic timeframes for states to meet NAAQS)

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23
Q

As of 1990, how many U.S. cities failed to reach NESHAPS for CO? For PM10? For Ozone?

A

CO - 41 cities

PM10 - 70 cities

Ozone - 96 cities

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24
Q

What are 4 key components of the 1990 CAA Amendments?

A

1) New Nonattainment classifications for ozone, PM10, and CO
2) 189 HAPs listed & MACT standards required for them
3) SO2 & NOx emissions from power plants limited
4) Regulated production of ozone-depleting chemicals

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25
Q

In what year was the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) passed?

A

1947

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26
Q

What section of the CAA requires EPA to publish a list of stationary source categories and NSPS for new/modified sources within each category?

A

Section 111

There are currently 65 categories identified.

27
Q

FEPCA also required EPA to re-register pesticides registered before 1972 (to be completed by 1976). For what 3 reasons did this effort fail?

A

1) FEPCA did not appropriate any funds to complete the task
2) EPA took shortcuts
3) IBT falsified toxicity test data

28
Q

In 1978, FIFRA was amended with the creation of “generic standards”. What effect did these have on pesticide manufacturers?

A

Generic standards allowed for a faster registration process.

29
Q

In 1978, amendments to FIFRA shifted some enforcement authority to the states. EPA, however, still presided over what 2 things?

A

1) manufacturer registration

2) monitoring

30
Q

How was the Delaney Clause of 1958 affected by the 1988 amendments to FIFRA?

A

EPA issued a policy to use a single standard of “negligible risk” to replace the dual standards for processed & raw foods.

4 years later in 1992 the US 9th Circuit Court of Appeals ruled EPA’s policy invalid, citing that only Congress could change the Delaney Clause.

31
Q

Where can DOT’s list of Marine Pollutants be found?

A

49 CFR §172.101, Appendix B

32
Q

How did the FIFRA amendments of 1988 benefit pesticide manufacturers?

A

Their Periods of Exclusive Use were extended.

33
Q

A 1993 report by the National Academy of Sciences highlighting health considerations for pesticide registration, vulnerable populations, and cumulative effects of similar pesticides led to FIFRA and FFDCA being revised in 1996 by what?

A

FQPA (the Food Quality Protection Act)

34
Q

The FQPA of 1996 called for a complete reassessment of all existing pesticide tolerances. How many tolerances had to be reassessed, and how long did they have to do it?

A

9,721 existing tolerances were to be reassessed within 10 years.

35
Q

The FQPA of 1996 also directed EPA to study the cumulative effects of pesticides that share common methods of toxicity. What 3 groups were studied, and when were those risk assessments completed?

A

1) organophosphates (in 2006)
2) N-methylcarbamates, triazines, and chloroacetanilides (in 2007)
3) pyrethrins/pyrethroids (in 2011)

36
Q

2 types of licensed pesticide applicators are “maintenance applicators” and “service technicians”. These were defined in what legislation?

A

The FPQA of 1996

37
Q

Where can the CAA’s list of Hazardous Air Pollutants (HAPs) be found?

A

42 U.S.C. § 7412(b)(1)

38
Q

The FQPA of 1996 requires EPA to periodically review all pesticide registrations about how often?

A

Every 15 years.

39
Q

The Federal Facility Compliance Act (FFCAct) of 1992 consists of what 2 titles?

A

Title I - Federal Facility Compliance Act of 1992

Title II - Metropolitan Washington Waste Management Study Act

40
Q

In July 1992, in the AFL-CIO vs. OSHA case, the 11th Circuit Court of Appeals vacated more protective PELs set by OSHA in 1989 for how many substances? This moved them back to PELs established in 1971. They also vacated how many new PELs for substances not previously regulated?

A

a) 212 substances

b) 164 substances

41
Q

If worker exposures exceed the 1989 PELs (which were vacated in June 1993) for the 164 substances that weren’t previously regulated, OSHA may still consider such exposure a violation of what?

A

The General Duty clause as contained in Section 5(a)(1) of the OSH Act.

42
Q

What agency administers the Cal/OSHA program? When did Cal/OSHA get approved by federal OSHA?

A

a) the Department of Industrial Relations (DIR)

b) 1973

43
Q

The primary purpose of Title I of the FFCAct was to broaden the waiver of Federal sovereign immunity from state & federal RCRA enforcement actions. Name 3 other things it addressed.

A

1) mandated a major effort by DoE to address radioactive mixed waste TS&D (incl. Site Treatment Plans (STPs)); §105
2) exempted public vessels from storage, manifest, inspection, or recordkeeping requirements until the HW is transferred to a shore facility; §106
3) required EPA & DoD to specify when munitions became solid wastes subject to RCRA. §107

44
Q

What year did RCRA regulations first go into effect?

A

1980

45
Q

The FFCAct of 1992 forced DoE to develop MW treatment technology to what end?

A

So that stored MW could be treated to meet RCRA LDRs.

46
Q

What is EPA’s MMR rulemaking under RCRA, which was mandated by the FFCAct? When was it promulgated?

A

a) Military Munitions Rule §107

b) February 12th, 1997

47
Q

About 50% of DoE’s mixed waste is stored at the Hanford site in Washington state. What % of that is HLW, LLW, and MTRU?

A

a) High Level Waste (HLW) - 72%
b) Low Level Waste (LLW) - 20%
c) Mixed TRansuranic Waste (MTRU) - 8%

48
Q

DoE’s no-migration WIPP in New Mexico is designed to only accept what 2 kinds of waste? When was it first certified by EPA?

A

a) DoE’s Waste Isolation Pilot Plant (WIPP) only accepts transuranic (TRU) and mixed transuranic (MTRU) waste;
b) May 18th, 1998

49
Q

DoE possesses what % of the U.S.’s mixed waste?

A

98%

50
Q

Because RCRA specifically excluded source, special nuclear, and by-product material (as defined by the AEA of 1954), DoE maintained that RCRA did not apply to DoE activities. This lasted until a Federal court decision which found that RCRA did, indeed, apply. It occurred in what year? What other relevant legislation was enacted that year?

A

a) 1984
b) the Hazardous and Solid Waste Amendments (HSWA) to RCRA, which set the stage for more stringent LDRs & treatment standards

51
Q

In what year did EPA promulgate LDRs for California List wastes?

A

1986

52
Q

Even though NRC & EPA published draft guidance on the definition & identification of LLMW in 1987, it wasn’t until the FFCAct was enacted in 1992 that a definition of mixed waste was established for RCRA. NRC & EPA then published joint guidance for MW testing requirements in what year?

A

1997

53
Q

After July 13th, 1993, it became prohibited to open appliances for maintenance, service, or repair without using recovery/recycling devices that met specified standards. Where is this found in the CFR?

Equipment certification includes testing performed in accordance with what standard?

A

a) 40 CFR § 82.154

b) ARI Standard 740-1993

54
Q

What is the name of the international treaty that was developed to protect the Earth from the effects of ozone depletion by controlling the production, trade, use, & disposition of stratospheric ozone-depleting substances (SODSs) on a global basis?

A

the Montreal Protocol

55
Q

As of August, 1992, technicians cannot service or repair any MVAC equipment involving refrigerants without passing a written test offered by what program?

What is MVAC?

A

a) an EPA-approved Section 609 Technician Certification Program
b) MVAC = Motor Vehicle Air Conditioners

56
Q

What is BS 7750? What is it a guideline for? Who used it as a model when developing what standards?

A

a) the U.K.’s Environmental Management Standard
b) it’s a guideline for the creation, use, & maintenance of EMS’s
c) the ISO (Int’l. Organization for Standardization) used it as a model for the EMS standard, ISO 14001

57
Q

What organization was formerly known as the Chemical Manufacturing Association (CMA)?

A

the American Chemistry Council (ACC)

58
Q

In 2000, the E.U. revised EMAS to incorporate the ISO 14001 EMS. What is EMAS? When was it adopted?

A

a) Eco-Management and Audit Scheme

b) adopted by the E.U. in December, 1990

59
Q

TRI’s (Toxic Release Inventories) are reported using what form?

A

Form R

EPA Form 9350-1

60
Q

For TRI purposes, “chemicals of special concern” are found where in the CFR?

A

40 CFR § 372.28

61
Q

When is submission of Form R (EPA Form 9350-1) due each year using EPA’s TRI-ME web application?

A

July 1st

62
Q

By what date annually do employers have to conspicuously post Work-related Injury & Illnesses (Form 300A)?

A

February 1st

63
Q

Marine Pollutants only require additional communications when shipped via Air or Ground in the U.S. in what manner?

A

When shipped in Bulk packages.

49 CFR § 171.4

64
Q

Placards must be durable enough to survive immersion in the sea for how long?

A

3 months

IMDG 5.3.1.1.1.2

CHMM (2 decks)

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