Basics of Regulatory Process and Environmental Laws

Question 1

At Federal level, federal agencies develops and enforces regulations that implement environmental laws enacted by?

Answer 1

Congress

Question 2

At state level, state agencies develops and enforces regulations that implement environmental laws enacted by?

Answer 2

State Legislatures

Question 3

Laws

Answer 3

-Laws written by congress provide federal agencies (ex. EPA) to write regulations

-Codified by subject matter in the United States Code (USC)

Question 4

Regulations

Answer 4

-Regulations explain the technical, operational, and legal details necessary to IMPLEMENT the laws.

-Sets specific requirements about what is legal and what is not.

-Codified annually in the United States Code of Federal Regulations (CFR)

Question 5

Creating a Law: Step 1

Answer 5

Congress writes a bill.

A bill becomes a LAW when approved.

Question 6

Creating a Law: Step 2

Answer 6

If both houses of Congress approves a bill, it goes to President who approves or vetoes the bill.

Approved new law is called ACT or STATUTE

Question 7

Creating a Law: Step 3

Answer 7

Act is codified in the USC

Question 8

When is USC published?

Answer 8

Every 6 years

Question 9

Annual Cumulative Supplements

Answer 9

In between new editions of the USC, annual cumulative supplements are published to provide the most current information.

Question 10

Creating a Regulation: Step 1

Answer 10

Regulation is proposed

Proposal is listed in the Federal Regulations (FR) for public review and comments.

Question 11

Creating a Regulation : Step 2

Answer 11

Comments considered and Final Rule issued.

Question 12

Creating a Regulation: Step 3

Answer 12

Regulation is codified in the CFR

Question 13

Federal Regulations

Answer 13

-Collection of general and permanent rules created by the executive agencies and departments of the federal government.

-Enforceable rules behind acts that are passed into law by Congress

-Divided into fifty broad areas

-Reviewed annually

Question 14

Types of Environmental Enforcement Program (4 Types)

Answer 14

Civil
Criminal
Cleanup
Federal Facility

Question 15

Civil Enforcement

Answer 15

Protects human health and environment by taking legal action to bring pollutes into compliance with the law.

Question 16

Criminal Enforcement

Answer 16

Investigates and assists with the criminal prosecution of deliberate and egregious violations of environmental laws or regulations and any associated violation of the US criminal code.

Question 17

Cleanup Enforcement

Answer 17

Gets property cleaned up by finding the companies or persons responsible for contamination at a site, and by negotiating with them to perform the cleanup themselves, or by ordering them to perform the clean up-, or to have them pay for the clean up performed by another party or the Agency.

Question 18

Federal Facility Enforcement

Answer 18

Ensures federal facilities comply with environmental regulations and statutes.

Question 19

Types of Enforcement Actions

Answer 19

Civil Administrative Actions
Civil Judicial Actions
Criminal Action

Question 20

Civil Administrative Actions

Answer 20

-Non-judicial enforcement actions taken by the EPA or a state under its own authority
-Do not involve judicial court processes
-May be in the form of:
1. Notice of Violation or Superfund Letter
2. An order directing an individual, business, or other entity to take action to come into compliance, or to clean up a site.

Question 21

Civil Juidicial Actions

Answer 21

-Formal lawsuits, filed in court, against persons or entities that have failed to comply with statutory or regulatory requirements, with an administrative order, or who owe EPA response costs for cleaning up a Superfund site.
-Filed by the US Department of Justice on behalf of EPA, and in regulatory cases, by State’s Attorneys General for the state as well.

Question 22

Criminal Actions

Answer 22

-EPA or a state enforce against an entity or person through a criminal action (depending on nature/severity of violation)
-Usually reserved for the most serious violations, those that are willful or knowingly committed
-A court conviction can result in the imposition of fines or imprisonment

Question 23

Types of Enforcement Results: Civil Enforcement

Answer 23

-Settlements
-Civil Penalties
-Injunctive Relief
-Supplemental Environmental Projects (SEPs)

Question 24

Settlements

Answer 24

-Generally agreed upon resolutions to an enforcement case

Question 25

River and Harbor Act of 1899

Answer 25

Established the legal basis of banning the pollution of navigable waters.

Question 26

Oil Pollution Act of 1924

Answer 26

Prohibits oil discharges into coastal waterways

Question 27

Water Pollution Control Act of 1948

Answer 27

Eliminate and reduce the amount of pollution entering rivers, creeks, lakes, and othre waterways

Question 28

Solid Waste Disposal Act of 1965

Answer 28

First federal law regarding solid waste disposal

Question 29

Resource Conservation and Recovery Act of 1976 (RCRA)

Answer 29

Encouraged states to develop comprehensive solid waste management plans to minimize waste and increase recycling

Question 30

Clean Air Act 1970

Answer 30

Comprehensive federal law that regulates air emissions from stationary and mobile sources.

Question 31

National Ambient Air Quality Standards (NAAQS)

Answer 31

-CAA -to protect public health and welfare and to regulate emissions of hazardous air pollutants

Question 32

Clean Water Act of 1972 (CWA)

Answer 32

-Established the basic structure for regulating discharges of pollutants into the waters of the US and regulating quality standards for surface waters -Made it unlawful to discharge any pollutant from a point source into navigable waters without a permit

Question 33

National Pollutant Discharge Elimination System (NPDES)

Answer 33

-CWA -EPA's permit program that controls discharges

Question 34

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund)

Answer 34

Provides a federal superfund to clean up uncontrolled or abandoned hazardous waste sites as well as accidents, spills, and other emergency releases of pollutants into the environment

Question 35

Superfund Amendments and Reauthorization Act of 1986 (SARA)

Answer 35

-CERCLA/Superfund -Reauthorized CERCLA to continue cleanup activities around the country

Question 36

Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA)

Answer 36

-SARA -designed to help local communities protect public health, safety, and the environment from chemical hazards

Question 37

Endangered Species Act of 1973 (ESA)

Answer 37

-Program for the conservation of threatened and endangered plants and animals and tha habitats in which they are found -Lead federal agencies for implementing: US Fish and Wildlife Services (FWS) and US National Oceanic and Atmospheric Administration (NOAA) -FWS maintains a world wide list of endangered species

Question 38

Energy Independence and Security Act of 2007 (EISA)

Answer 38

Aims to: -move US towards greater energy independence and security -increase productions of clean renewable fuels -increase efficiency of products, buildings, vehicles

Question 39

Energy Policy Act of 2005 (EPA)

Answer 39

-Addresses energy production in the US, including: -Energy efficiency -Renewable energy -Oil and Gas -Coal -Nuclear matters -Energy Tax incentives -Climate change technology

Question 40

Federal Food, Drug, and Cosmetic Act of 2002 (FFDCA)

Answer 40

-Authorizes EPA to set a tolerances or maximum residue limits for pesticide residues on foods

Question 41

Federal Insecticide, Fungicide, and Rodenticide Act of 1996 (FIFRA)

Answer 41

-Federal regulations of pesticide distribution, sale, and use -All pesticides must be registered with the EPA before distribution -Pesticide "will not generally cause unreasonable adverse effects on the environment"

Question 42

Hazardous Materials Transportation Act of 1975 (HMTA)

Answer 42

-Designated as Hazardous Material any "particular quantity or form" of a material that "may pose an unreasonable risk to health and safety or property"

Question 43

Hazardous Materials Transportation Uniform Safety Act of 1990 (HMTUSA)

Answer 43

-Regulations for the safe transport of HM in interstate, intrastate, and foreign commerce. -Encourage uniformity among different state and local highway routing regulations

Question 44

Marin Protection, Research, and Sanctuaries Act of 1988 (MPRSA)

Answer 44

-aka Ocean Dumping Act -Prohibits: 1. Transportation of material from the US for the purpose of ocean dumping 2. Transportation of material from anywhere for the purpose of ocean dumping by US agencies or US flagged vessels 3. Dumping of material transported from outside the US into the US territorial sea

Question 45

National Environmental Policy Act of 1969 (NEPA)

Answer 45

-one of the first laws written to establish the broad national framework for protecting our environment -assures that all branches of the government give proper consideration to the environment prior to undertaking any major federal action that significantly affects the environment