Midterm Flashcards
(121 cards)
1
Q
Potential for chemical, biological, or physical
agent to cause illness or injury
A
Hazard
2
Q
A measure of the probability that damage to
life, health, property, and or the environment will
occur as a result of a given hazard
A
Risk
3
Q
The whole or a part of an agency statement of
general or particular applicability and future effect
designed to implement, interpret, or prescribe law or
policy
A
Rule
4
Q
Agency process for formulating,
amending, or repealing a rule
A
Rulemaking
5
Q
Gives public access to records and allows
participation in rulemaking
A
Administrative Procedures Act of 1946
6
Q
Initiated the institutional norm that states are
responsible for controlling air pollution (still in place
today)
A
Air Pollution
Control Act of 1955
7
Q
1970 Protect human health through the control
of ambient air pollution emissions by regulating
government, businesses and communities
A
The Clean Air Act
8
Q
Administers CAA on Federal Level
A
US EPA
9
Q
States responsibilities on Clean Air Act
A
Compliance, Permitting, Enforcement
10
Q
CAA Title I
A
Air Pollution Prevention and Control
11
Q
CAA Title II
A
Emissions Standards for Moving Sources
12
Q
CAA Title III
A
General Provisions
13
Q
CAA Title IV
A
Acid Deposition Control
14
Q
CAA Title V
A
Permitting
15
Q
CAA Title VI
A
Stratospheric Ozone Protection
16
Q
CAA Title I Part A
A
National Ambient Air Quality Standards (NAAQS) required to be set by EPA for air pollutants
17
Q
CAA Title I Part A Primary Standards
A
Set up to protect human
health including high risk
populations
18
Q
CAA Title I Part A Secondary Standards
A
Set up to protect public welfare including visibility impairment and damage to crops, vegetation and buildings
19
Q
Non-attainment and State Implementation Plans (SIPs)
A
If a state is found to be in exceedance of these
NAAQS then it is designated as a “nonattainment
area” and must submit an SIP which is reviewed and approved by the US EPA
20
Q
Key Amendments to CAAct in 1990
A
Created a regulatory framework for a second class of
ambient air pollutants - Hazardous Air Pollutants (HAPs)
Maximum Available Control Technology on all
sources regardless of level of exposure or toxicity
21
Q
HAPS Major vs Area sources
A
Major sources – maximum available control
technology
Area sources – generally available control
technology
22
Q
CAA Title I Part A EPA Authority
A
• Issue compliance orders and penalties (up to
$37,500 per day) to both governmental and
nongovernmental facilities
• Seek injunctions and civil and criminal penalties
through the courts
• Require stricter control technologies for new
sources or source modifications in nonattainment
areas
23
Q
CAA Title I Part B
A
Prevention of
Significant Deterioration of Air Quality
24
Q
CAA Title I Part B rules
A
Pertains to region of a state that is considered to
be in attainment but the state has an SIP
submitted to EPA
• SIP must indicate how they will avoid significant
deterioration of air quality
• Classification system for air quality areas:
Permits are required for construction of new
“major emitting facilities”
25
Classification system for air quality areas:
Class I- National Parks
| Class II-Everything Else
26
CAA Title I Part D
Plan Requirements for
| Nonattainment Areas
27
CAA Title I Part D SIP Rules
Can have any of 3 designated areas within jurisdiction –
attainment, nonattainment, non-classifiable
• Have 5 years to achieve attainment and 3 years to come
up with an SIP (must be approved by EPA Administrator!)
28
CAA Title I Part D SIP plan
Plan should indicate control technologies implemented to
reduce emissions from stationary sources
• Permits required for new stationary sources or
modifications and any new emissions must be offset
• SIP must include “a comprehensive, accurate, current
inventory of actual emissions from all sources of the
relevant pollutant or pollutants”
• Must indicate contingencies in case attainment is not
achieved
29
Emissions inventory
```
Inventory of air
pollutant emissions
from a particular
source, area, or
process
```
30
CAA Title II EPA standards
EPA must set emissions standards for “light-
duty” vehicles - Office of Transportation and Air
Quality
• NMOG, CO, NOx, Formaldehyde, PM
31
CAA Title II EPA promulgations
set standards for “heavy-duty” vehicles
• require registration and testing of motor vehicles
fuels
• no heavy metals can be added to fuels
• CO and O3 non-attainment areas must have a
specific percentage of “clean fuel vehicles”
(detailed in SIPs)
32
CAA Title III EPA Admin responsibilities
Impact analysis on public health, economy and
environment of the CAAct
• Impact analysis on economy from any new rule
promulgated by EPA
• Develop and revise regulations for air quality
monitoring (AQM) systems for the states
33
CAA Title III Public abilities
Allow for individuals to engage in civil lawsuits
against those who violate emissions standards or
fail to comply with order from EPA administrator
34
CAA Title IV Purpose
lower SO2 and NOx emissions from
fossil fuel-fired electric power plants (2 phases)
• Cape-and-trade system – how it works
• Each facility is issued an allowance (cap)
• Allowance can be used, sold, or carried forward
• Overall allowances were established by Congress
35
CAA Title V implementation
Permitting standards set by EPA and
| implemented/issued by states
36
Federal Water Pollution Control Amendments of
| 1972
Objective: The restoration and maintenance
of the chemical, physical, and biological integrity of
US Waters
Maintain all US waterways as “Fishable” and
“Swimmable”
• Reduce Discharge of pollutants
37
Clean Water Act of 1977
Established structure for regulating discharges of
pollutants un US water
Regulated dredge material
38
Water Quality Act of 1987
Added non-point source pollution
39
Beaches Environmental Assessment and Coastal
| Health Act of 2000
Added authority to regulate water quality at
| recreational beaches
40
EPA Water Quality Trading Policy of
| 2003
Not an amendment but a policy put in place by
the EPA under the Clean Water Act
• Allows trading of pollution credits
• If you are not using all of your permitted
discharge you can trade or sell any remaining
permitted discharge
• Must be allowable in permit and within the
confines of maximum contaminant load for a
given site
41
EPA Clean Water Rule of 2015
Clean Water Act protects any streams or wetlands
that have been scientifically shown to impact
downstream water quality
* Protects nations water treasures
* Specific wetlands, bays, pocosins
42
US Clean Water Act Title I
Authorizes EPA to research water pollution,
| collaborate with other agencies, develop programs
43
US Clean Water Act Title II
Authorizes grants for construction of water
| treatment plants
44
US Clean Water Act Title III
Requires discharge permits, establishes water
quality standards, established National Water
Quality Inventory, EPA enforcement guidelines,
Non-point source pollution regulations
45
US Clean Water Act Title IV
Established permitting systems
46
US Clean Water Act Title V
Gives citizens the right to file suits against EPA
| • Protects whistleblowers
47
US Clean Water Act Title VI
Additional funds for wastewater treatment through
| State Water Pollution Control Revolving Funds
48
Water discharge permitter
States
49
Pollutants Covered Under Clean Water
| Act
```
Conventional Pollutants
• Biological oxygen demand (BOD)
• Total Suspended Solids
• Fecal Colliforms
• pH
• Priority Pollutants
• List of chemicals regulated by EPA under the CWA
```
• https://www.epa.gov/eg/toxic-and-priority-
pollutants-under-clean-water-act
* Non-conventional pollutants
* Nutrients
* Harmful algal bloooms
50
US Clean Water Act General
| Procedures - Designed Use
Establish highest use for each lake, river, stream, wetland, beach, etc
Based on latest scientific knowledge
• Aquatic Life Criteria and Human Health Criteria
available
51
US Clean Water Act General
| Procedures - Water Quality Standards
Adopt water quality standards for designated use
• Provided by EPA for priority pollutants
• Secondary pollutants are suggested, but not enforced
52
US Clean Water Act General
| Procedures - Total Maximum Daily Load
Determine how much pollutant can be discharged without
| violating standards
53
US Clean Water Act General
| Procedures - Discharge Permits
Issue discharge permits for individual dischargers to ensure
| sum of discharges does not exceed WQS
54
US Clean Water Act General
| Procedures - Water Quality Inventory
Biennial reporting of water quality to EPA and Congress
55
Total Maximum Daily Load
Section 303(d) requires that states develop
TMDLs for waterbodies that are outside of water
quality standards
• Maximum allowable discharge for a specific
contaminant for a given water body
• Goal is to reduce contaminant levels below water
quality standards
• Discharge permits are determined from TMDL
levels
56
```
National Pollutant Discharge
Elimination System (NPDES)
```
NPDES permits enable point source discharges of specific
contaminants
• Tailored to the pollution source, toxicant/hazard,
technology available to reduce pollutant, quality and size of
receiving water
• Also takes existing TMDLs into account
• Creation of new TMDLs or modification of existing TMDLs
may require new permitting
• System not perfect, many out of compliance, low
enforcement
• Upwards of 62% of permitted discharges exceed permitted
limits
57
National Water Quality Inventory
| Report
States and tribes provide National Aquatic Resources
Surveys (NARS)
* Details the condition of waterbodies
* Allows for assessment of TMDLs and NPDES permits
* Following report, EPA will work with states to update
* EPA summarizes report to congress
* National Water Quality Inventory Report
• https://www.epa.gov/waterdata/2017-national-water-quality-
inventory-report-congress
58
Before Safe Drinking Water Act
the safety of
drinking water was regulated by the states and
tribes
• Mostly focused on bacteriological quality
59
US Safe Drinking Water Act of 1974
Focused on security of drinking water supplies in
the US
• Establishes national drinking water quality
criteria
• Covers any drinking water source for more than
25 people
• Does not cover private wells
• Does not apply to bottled water
• EPA responsible for enforcement, through
delegation to states
60
1986 Safe Drinking Water Act Amendment
Intended to increase pace at which EPA regulated
contaminants by specifying 83 chemicals to be
regulated in a specific timeframe (3 years)
• Also included 25 additional contaminants every three
years
• Promulgate disinfection and filtration requirements
• Banned use of lead pipes in new drinking water
supplies
• Ensure well heads are not sources of contamination
• Establish grant programs to develop ground water
protection programs
• Created rules for monitoring ground water injection
• Increased EPA enforcement authority
61
Lead Contamination Control Act of 1988
Recalled lead lined water coolers
• Helped schools and daycare centers to identify
and reduce lead contamination of drinking water
62
Safe Drinking Water Act 1996 Amendments
States unhappy with 1986 amendments
• Revoked the 25 contaminants every 3 years rule
• Requires cost-benefit analysis before a standard is
set
• Requires EPA to monitor unregulated
contaminants
• New list every 5 years
63
Contaminants Covered Under SDWA
```
Microorganisms
• Example: Bacteria
• Disinfectants
• Example: Chlorine
• Disinfection by-products
• Example:Trihalomethanes
• Inorganic Chemicals
• Example: Heavy Metals
• Organic Chemicals
• Example: Pesticides
• Radionuclides
• Example: Radon
```
64
SDWA Part A Primary Drinking Water Regulation
Applies to a public water source
• Specifies a contaminant that may cause
adverse health effects
• Specifics a maximum contaminant level (MCL)
when economically and technologically feasible
• Contains procedures to ensure compliance
• Testing procedures and cleanup
65
SDWA Part A Secondary Drinking Water Regulation
Specifies a contaminant that may impact odor
or appearance or otherwise impact public
welfare
66
SDWA Part A Maximum Contaminant Level Goal
a level which no known or anticipated
health effects are expected within a margin of
safety
67
SDWA Part A Feasible
Possible with the use of best technology,
treatment techniques, or other means after
examination of efficacy under field conditions
and not solely under lab conditions, taking cost
into consideration
68
SDWA
| • Part B-Development of Drinking Water Standards
Requires EPA to develop National Primary
Drinking Water Regulations for public water
sources (PWS)
69
SDAW Part B PWS Regulations
Maximum Contaminant Level Goal (MCLG):
Desired level to have no health impacts
• Maximum Contaminant Level (MCL): A level
that is technologically and economically
feasible that reduces risk of adverse health
effects
• Authorizes EPA to delegate enforcement
responsibilities to states
70
SDWA Part B Secondary Maximum Contaminant
| Level (SMCL)
Usually impacts odors or aesthetics of drinking
water, but not health
• Are not enforceable
• Have been adopted as mandatory in California and
Florida
71
SDWA
| • Part C-Underground Drinking Water
Authorizes EPA to extend regulations to
underground water sources
• Also regulates underground injection into or below
an aquifer
72
SDWA Part D-Emergency Powers
Authorizes the EPA to act to protect public health
in the absence of action by a state
• Establishes monetary penalties
• Makes it a federal crime to tamper with or threaten
a public water supply
73
SDWA
| • Part E-General Provisions
Allows for civil action
• Grants for states
• Allows for research and training
• Other general procedures
74
SDWA Part F-Additional Requirements
Focuses on lead lines water coolers and removal
| of lead in school drinking water sources
75
Procedures For Developing National
| Primary Drinking Water Standards
Identify drinking water problems
• Conduct risk assessments on contaminants that are not
already regulated
• EPA keeps a list called the National Drinking Water
Contaminant List (CCL) which is updated every 5 years
• Establish Priorities
• Prioritize chemicals on the CCL seek further info
• EPA must demonstrate a meaningful opportunity to reduce
health risks
• Propose MCLG
• Set a maximum allowable contaminant level based on no
health impacts
• Set Enforceable MCL
• Set as close to MCLG as possible
• Must be economically and technologically feasible
76
SWDA Enforcement
Once an MCL is established states have 3 years to reach
compliance
• If capital improvements are required, an extension of 2
years can be applied
• Currently the EPA enforces 87 National Primary Drinking
Water Regulations
• EPA also provides 15 National Secondary Drinking Water
Standards
77
Federal Waste Regulations
Set by Resource Conservation and Recovery Act 1976
78
RCRA Congress Mandated Goals
```
Protect human health and the environment from
the potential hazards of waste disposal
• Ensure that wastes are managed in an
environmentally sound manner
• Reduce the amount of waste generated
• Conserve energy and natural resources
```
79
Florida RCRA Authority
```
Granted in 1985
• Official authorization to perform:
• Inspections
• Permitting
• Enforcement
• Never be less stringent than Federal Regulations
• Never delegate to local governments
• EPA provides checklists to document state program
alignment with federal program
```
80
Prohibition on Land Disposal in Florida
Florida has NO permitted commercial hazardous
waste landfills or incinerators
• All hazardous waste is PROHIBITED by statute from
land disposal in Florida
81
Hazardous Waste Definitions
It is on one of EPA’s lists of hazardous waste, or
• It is a waste that is ignitable, corrosive, reactive or
toxic
• Could cause injury or death to a person, or
• Could damage and pollute land, air, surface water or
groundwater
82
Florida Statute 403.7046
1. Directs schools, state and local public agencies to
report the amount they recycle annually to their
county
2. Encourages private businesses to report the amount
that they recycle to their county
3. Directs DEP to create the Recycling Business
Assistance Center
83
Florida Annual Reporting Schedule
• February 1 - Recovered Materials Dealers submit
their annual data to DEP. (This is a statutory
deadline, not adjustable by DEP.)
• March 1 - DEP completes review of the Recovered
Materials Dealers reports and sends that data (along
with data from C&D facilities) to counties.
• April 1 - Counties submit their annual reports to DEP.
(This is a statutory deadline, not adjustable by DEP.)
• July 1 - DEP publishes county data to the web. (This
is a statutory deadline, not adjustable by DEP.)
84
APHIS 9 CFR Chapter 1
A. Animal Welfare
B. Cooperative control and eradication of livestock
and poultry diseases
C. Interstate transportation of animals (including
poultry) and animal products
D. Exportation and importation of animals (including
poultry) and animal products
E. Viruses, serums, toxins, and analogous products;
organisms and vectors
85
Animal Welfare Act
```
1. To insure that animals intended for
use in research facilities or for
exhibition purposes or for use as pets
are provided humane care and
treatment;
2. To assure the humane treatment of
animals during transportation in
commerce; and
3. To protect the owners of animals from
the theft of their animals by preventing
the sale or use of animals which have
been stolen.
```
86
Pure Food and Drug Act of 1906
Created the FDA
• Testing of food (and medicine) for human
consumption
87
Federal Meat Inspection Act of 1906
• Purpose-to ensure humane slaughter, product
safety, and wholesomeness
• Basis for current inspection
• Mandatory for all interstate and export commerce
88
Meat inspection act of 1906 Inspections
```
• Antemortem inspection
• Health of animal
• Postmortem inspection
• Health of animal
• Free from contamination
• Product inspection
• Free from contamination, properly labeled
• Improved sanitary conditions for
slaughter/processing
```
89
1957- Poultry inspection act
Required poultry inspection in “major consuming
| areas”
90
1958, 1978 Humane Methods of Slaughter act
Established provisions for humane slaughter
91
1967-68- Wholesome meat/poultry act
State programs must be at least equal to federal
| • Talmadge-Aiken Act of 1962 (TA plants)
92
1996- Pathogen reduction/HACCP
SOPs, pathogen testing/standards
93
9 CFR 417
Hazard Analysis,
| Critical Control Points
94
Hazard Analysis,
| Critical Control Points details
Systemic approach to
• Identify and assess hazards,
• Implement control measures to prevent, reduce, or
eliminate hazards
• Facility takes responsibility for food safety
• Must validate effectiveness, and verify compliance
• Inspectors ensure food safety plans are effective
and adhered to
95
USDA Food Labels
1. Product name
2. Inspection legend and establishment number
3. Handling statement
4. Net weight statement
5. Ingredient statement
6. Address line
7. Nutrition facts
8. Safe handling instructions
96
National Environmental Policy Act
1969 NEPA established US policy to encourage
productive and enjoyable harmony between man
and environment
• Promotes efforts to prevent and eliminate
environmental damage
• Enrich understanding of ecological systems
• Establish presidents Council on Environmental
Quality (CEQ)
97
NEPA Title I Congressional Declaration of National Environmental Policy
• Requires that an environmental impact statement be
completed by all agencies whose actions may impact the
environment
* Must Assess:
* Environmental Impact
* Adverse environmental impacts that cannot be avoided
* Potential alternatives
* Short term impacts vs. long term impacts
* Irreversible damage
* Involves all levels of federal government and the public
98
NEPA Title II Council on Environmental Quality
* Creates the Council on Environmental Quality
* Housed in the Executive Office
• Assists the president on environmental decisions
• Helps president prepare Environmental Quality Report to
Congress
• Assess current and future status of environmental quality,
natural resources
• Assess utilization of resources
• Effectiveness of government programs
99
Federal Insecticide, Fungicide, and Rodenticide
| Act (FIFRA) of 1947 + Federal Environmental Pesticide Control Act of 1972
• 35 different sections
• Defines pesticide as chemicals and other products used to kill, repel or
control pests
• Applies to plants, animals, fungus, mold, algae, etc
• Requires registration of all pesticides
• Regulates pesticide usage
• General or restricted use
• Authorizes removal of pesticides from market
• Risks to public health and the
100
FIFRA Amendments
• 1988 Amendments
• Accelerated reregistration timeline and provide
authority to collect registration maintenance fees to
pay for it
• 1996 Food Quality Protection Act
• Required EPA to develop a standard for all
pesticides based on reasonable certainty of no
harm, especially in children
• Must consider endocrine effects
• 2003, 2007, 2012 Pesticide Registration
Improvement Act
• Authorized continuation of maintenance fees
101
FIFRA Pesticide Registration Process
• Pesticide manufacturers must submit a registration for any new pesticides
they wish to sell • Must include data on behavior of chemical in the environment as well as
toxicity
• EPA may require any combination of 100 different test depending on toxicity
and degree of exposure
• If being used on food analytical method for residue analysis required
• Must also measure residue concentrations on outside and inside of food
• EPA takes data performs risk assessment based on intended application
rates and uses
• Determines safe levels • EPA also specifies safe methods of storage, disposal, and approves label
102
FIFRA Reregistration of pesticides
• 1972 amendments also required the reregistration of all
pesticides that preempted FIFRA
• Has been streamlined by reviewing groups with the same
active ingredients together
• Reregistration of many older pesticides not supported by
manufacturers
• Registrations will eventually be cancelled
• 1988 amendment accelerated timeline for reregistration
• Also allowed EPA to collect annual registration maintenance
fees to support registration efforts
• Reregistration may also be required in the light of new data
103
FIFRA Public Disclosure, Exclusive Use, and
| Trade Secrets
• EPA required to disclose all information submitted with a
registration
• Manufacturers can request that certain data be withheld
• Trade secrets including manufacturing processes, testing
methods, percentages of active ingredients
• Manufacturers also have exclusive use of registration data
for 10 years
• Requires compensation of original submission
manufacturer if data is used for registration within 15 years
of original
104
FIFRA and other legislation
Resource Conservation and Recovery Act (RCRA)
• Requires proper disposal of pesticdes that are registered
under FIFRA
• Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA)
• Requires the generation of knowledge regarding pesticides
that may or have contributed to environmental contamination
• Endangered Species Act
• Requires FIFRA registrations to consider endangered
species
105
FIFRA Enforcement
• Prior to 1972 Amendments, enforcement fell under the
USDA
* FIFRA now enforced by the US EPA
* Restricted use pesticides may only be purchased by
licensed professionals • https://www.epa.gov/pesticide-worker-safety/restricted-use-
products-rup-report • Can only be applied by trained and certified professionals
* Training and certifications completed by states
* Civil and criminal penalties are allowed under FIFRA
106
Federal Hazardous Substances Act of 1960
• Requires precautionary labeling of hazardous household products
• Must include information on safe storage, exposure, and first aid
• Applies to substances that are toxic, corrosive, flammable,
combustible, irritants, sensitizers, or generate pressure
• Substance must have potential to cause serious personal injury to
require label
• Must be due to reasonable/foreseeable handling or ingestion by
children
• Enforce by the Consumer Product Safety Commission
107
Toxic Substances Control Act Section 4
requires EPA to require test data under specific conditions
• Manufacture, processing, distribution, use, or disposal may present an
unreasonable risk
• Chemical produced in very large volumes and potential for substantial
release or exposure
108
Toxic Substances Control Act Section 5
5 requires manufacturers to provide a premanufacture notice
• Must notify EPA 90 prior to manufacture of new chemical or an existing
chemical in a different way
• All data must be submitted (if available), but data on fate and effects not
required
• EPA must respond in 90 with any objections
109
Toxic Substances Control Act Section 6
gives EPA authority to regulate chemicals that present
unreasonable risk
• Prohibit manufacture, distribution, volume or concentration of a chemical
• Require labeling of toxic chemicals
• Specify disposal methods, require take back programs,
110
Toxic Substances Control Act Section 7
Section 7 provides EPA with authority to take emergency action
• If a chemical presents an imminent and unreasonable risk
111
Toxic Substances Control Act Section 8
requires EPA to keep an inventory (list) of all chemicals
• Chemicals already manufactured are considered “existing” and exempt from
premanufacture (PMN) notices and risk determination
• Chemicals developed after 1979 are considered “new” and must follow
TSCA procedures
112
Toxic Substances Control Act Section 9
allows EPA to refer cases of chemical risk to other agencies
| • OSHA, FDA, etc
113
Toxic Substances Control Act Section 11, 15, 16, 17, 20, 21
provides EPA with enforcement tools
| • Inspections, subpoenas, fines, reports, lawsuits, criminal charges, etc
114
Toxic Substances Control Act Section 14
requires EPA to protect proprietary/confidential information
115
Problems with TSCA
• EPA has broad authority to regulate chemicals under TSCA
• TSCA as originally proposed is generally considered to be a failure
• Too many chemicals (80,000) to regulate under the original structure
• EPA can technically require manufacturers to produce data to aid in risk
assessment
• However, EPA must first demonstrate unreasonable risk
• Not enough money or labor at EPA to demonstrate risk
• Must also demonstrate that chemicals economic and societal benefits do not
outweigh risks
• Most premanufacure notices are approved without any health and safety
data
• 90 days to assess risk with no data
• As a result, EPA has only been able to regulate 5 chemicals
• PCBS, CFC, dioxin, asbestos, hexavalent chromium
• Data can be requested for existing chemicals but rarely is (<200 times)
116
TSCA Asbestos Story
• Silicate fibers that are long and thin
• Used in a number of applications
• Insulation
• Heat resistance
• Sound absorption
• Ample evidence that inhalation of asbestos causes non-reversible lung
cancer
• In 1989 EPA moved to ban asbestos from all products due to health
concerns under TSCA
• In 1991 Courts ruled that EPA needed to follow least burdensome means of
regulation
• EPA was forced to do cost-benefit analysis for all options
• Hard to quantify crucial health related outcomes (How much is a life worth?)
• Because analysis was week, a full ban was overruled
• EPA only able to ban a few categories of asbestos containing products
117
FRANK R . LAUTENBERG CHEMICAL SAFETY FOR THE
| 21ST CENTURY ACT
• Increased transparency
• Companies must substantiate “trade secret” exemptions
• Exemptions expire after 10 years
• Replaces cost-benefit standard with pure health based standard
• Enforceable deadlines for chemical safety reviews
• Public can now sue EPA if it does not meet deadlines • EPA required to designate new chemicals for review as they finish a
chemical
• Start with 10
• Exisiting chemicals are not exempt • Simplifies EPA path to requiring testing
• Uses a tiered approach
• EPA must make an affirmative safety finding before chemicals hit the
market
118
FRANK R . LAUTENBERG CHEMICAL SAFETY FOR THE
| 21ST CENTURY ACT Issues
• Data still not required during PMN
• May limit EPAs ability to rule on safety
• Administrative issues
• EPA often accused of over regulating even though their authority is
quite limited
• Many conservative administrations seek to limit enforcement
through budget constraints
• May limit EPAs ability to screen and rule on chemicals
• May decrease impact of Lautenberg Chemical Safety Act • Limitations on states rights to regulate chemicals
• Chemical trade organizations preferred not to deal with individual
states
• Pushed for Lautenberg act to preempt state regulations
• Current and future state regulations are grandfathered until EPA
review
• After review, EPA ruling preempts state rules
119
Comprehensive Environmental Response, Compensation, and Liability Act
• Created a list of hazardous waste sites known as
the National Priorities List (NPL)
• Sites on list are often referred to as superfund sites
• Created a fund to pay for cleanup
• Hazardous Substances Trust Fund
• Originally funded by tax on crude oil and other
environmental taxes
• Taxes not reauthorized after 1995
• Now primarily funded through fines and recovered
costs
• Has been steadily decreasing
• Seeks to identify potentially responsible parties
(PRPs)
• “Polluter pays”
• Current and past owners/operators
• Transporters of waste to site
• Parties who contributed wastes to site for
disposal
• Multiple PRPs common
• Provides authority and general procedure for
cleanup of hazardous sites
120
CERCLA General procedure for superfund sites
1. Site discovery
• Usually identified through state and county
inspections, occasionally by EPA or other federal
agencies
2. Preliminary Assessment/Investigation
• Magnitude of problem is assessed
• Site is scored according to hazard ranking system
3. NPL Listing
• If overall risk/ranking is high enough, site is
nominated for NPL
• At least 28.5 out of 100
4. Remedial investigation and feasibility study
• Determine options for remediation and feasibility of
options
• Risk assessment helps determine extent of
remediation
5. Removal Actions
• Short term solutions to immediate alleviate a
hazard
6. Proposed plan and public comment
• Site remediation plan is made public and
comments are taken
7. Record of decision (ROD)
• The final remediation plan, timeline, monitoring strategy, etc
8. Remedy design and implementation
• Record of decision is put into action
9. NPL de-listing
• A site can be delisted from the NPL is no further response is
required to protect human health of the environment
10. Long-term monitoring
• Sites are monitored every 5 years after remediation is
complete to ensure the effectiveness of the remedy
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CERCLA NPL Listing
• Multiple mechanism of proposal
• EPAs hazard ranking system
• Proposal by states as top priority site
• Agency for Toxic Substances and Disease Registry
recommendation
• EPAs hazard ranking system
• Numerical scoring/ranking of sites based on:
• Likelihood site has or will release toxic
substances
• Characteristics of waste (toxicity and quantity)
• Potentially effected populations
