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1 Michigan Technological University Chapter 3: Environmental Laws and Regulations David Shonnard Department of Chemical Engineering Michigan Technological University
1Michigan Technological University
Chapter 3: Environmental Laws and Regulations
David ShonnardDepartment of Chemical Engineering
Michigan Technological University
2Michigan Technological University
Introduction
Over the last 40 years, laws have been passed in the United States to regulate the production of chemicals.
• 20 major environmental statutes (laws)• 100s of state statutes and local ordinances• 1,000s of federal and state regulations• > 1,000s federal and state court cases
Taken together, these statutes, regulations and court cases are the foundation of Environmental Law.
All chemical engineers should be aware of the effects of environmental laws on the chemical industry.
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Chapter 3: Environmental laws/amendments:changes over time
Major Laws/Amendments
Allen and Shonnard, 2002,Green Engineering: Environmentally-Conscious Design of Chemical Processes
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Chapter 3: Environmental regulations:changes over time
Bishop, “Pollution Prevention: Fundamentals and Practice”, McGraw-Hill, 2000
Environmental Regulations
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Sources of Environmental Laws
• Legislatures• Administrative agencies• Courts
Separation of Power3 branches of government
• Executive - enforces the laws• Legislative - makes the laws• Judicial - interprets laws
mutually exclusivee.g. executive hasno legislative power
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Legislatures
The U.S. Constitution empowers the U.S. Congress to enact laws. The state constitutions empowers the state legislatures to enact laws. State legislatures empower local governing bodies to enact laws.
“Language” in Environmental Statutes• specific language allows legislatures to identify precisely which act is prohibited and sanctions for violation.
• vague language - most environmental laws - allowsadministrative agencies to implement the laws.
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Administrative Agencies
The U.S. Environmental Protection Agency (US EPA) is responsible for implementing environmental statutes. Various state agencies equivalent to the US EPA in function perform the same tasks at the state level.
Example: Clean Air Act (CAA)• passed by the US Congress in 1970, amended in 1990.• US EPA sets and enforces air quality standards
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Administrative Agencies (cont.)
Administrative agencies give meaning to vague environmental statutes through a process called Rule Making.
Administrative Law Judgesthese judges, working for the administrative agencies, have the power to resolve disputes arising from the exercise of the agency’s duties.
Administrative Agency’s Powers• legislative (rule making) and • judicial (dispute resolution)
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Chapter 3: Environmental regulations:the regulatory process (Ch 3)
Environmental Laws• Clean Air Act of 1970
Administrative Agencies• US Environmental Protection Agency
Environmental Regulations• National Ambient Air Quality Standards (NAAQS)
Rule Making• publish proposed regulationsin the Federal Register
• receive public comment onproposed regulations
• publish regulations in the Federal Register
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Courts
Resolve disputes among parties.1. Decide validity and applicability of environmental statutes
• e.g. CERCLA (Superfund) case - retroactive clause
2. Review administrative agency rules and regulations
3. Develop the Common Law System• Originating from case law• Each state has their own Common Law System• 4 main causes of action - resulting in Tort cases
1. Nuisance 2. Trespassing3. Strict Liability 4. Negligence
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The 9 essential environmental regulations:the manufacture of chemicals
Environmental Statute
Date Enacted
Purpose of Legislation
Key Provisions
Regulation of Chemical Manufacturing
The Toxic Substances Control Act (TSCA)
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
The Occupational Safety and Health Act (OSH Act)
1976 Enacted, 1947 Amended, 1972 1970
Assess the risks of chemicals before they are introduced into commerce. Assess the risks of pesticides and to control their usage to minimize exposure. To provide safe working conditions for people employed in industry and other sectors of the economy.
Chemical manufacturers, importers, or processors, must test new chemicals and submit a Premanufacturing Notice (PMN) to EPA. Before any pesticide can be distributed or sold in the U.S., it must be registered with the EPA. Companies must adhere to all OSHA health standards (exposure limits to chemicals) and safety standards (physical hazards from equipment). Requires companies to develop (material safety data sheet (MSDS).
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The Toxic Substances Control Act (TSCA)
Enacted in 1976
Purpose of the Legislation.Assess the risks of chemicals before they are
introduced into commerce
Key Legislative Provisions.Chemical manufacturers, importers, or processors,
must test new chemicals and submit a Premanufacturing Notice (PMN) to EPA.
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The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Enacted, 1947, Amended, 1972
Purpose of the Legislation.Assess the risks of pesticides and to control their
usage to minimize exposure.
Key Legislative Provisions.Before any pesticide can be distributed or sold in
the U.S., it must be registered with the EPA.
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The Occupational Safety and Health Act (OSH Act)
Enacted 1970
Purpose of the Legislation.To provide safe working conditions for people
employed in industry and other sectors of the economy.
Key Legislative Provisions.Companies must adhere to all OSHA health standards
(exposure limits to chemicals) and safety standards (physical hazards from equipment). Requires companies to develop (material safety data sheet (MSDS).
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Environmental Statute
Date Enacted
Purpose of Legislation
Key Provisions
Regulation of Discharges to the Air, Water, and Soil
Clean Air Act (CAA)
Clean Water Act (CWA)
Resource Conservation and Recovery Act (RCRA)
1970
1972
1976
Establish uniform ambient air quality standards / control air pollution discharge. Address specific air pollution problems (hazardous air pollutants, stratospheric ozone depletion, and acid rain).
Reduce pollutant discharges into the nation’s waterways (“zero discharge” goal). Make water bodies safe for swimming, fishing, and other forms of recreation (“swimmable” goal).
Regulate the “cradle-to-grave” generation, transport, and disposal of both non-hazardous and hazardous wastes to land, encourage recycling, and promote the development of alternative energy sources based on solid waste materials.
National Ambient Air Quality Standards (NAAQS) for CO, Pb, NO2, O3, particulate matter, and SO2. States must develop source-specific emission lim its to achieve the NAAQS.
National Pollutant Discharge Elimination System (NPDES) permit program. Permit holders must monitor discharges, collect data, and keep records of the pollutant levels of their effluents.
Generators must maintain records of hazardous waste generation and transportation, and file this data in biennial reports to the EPA. Transporters and disposal facilities must adhere to similar requirements for record keeping and monitoring the environment.
The 9 essential environmental regulations :discharges to air, water, and soil
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Clean Air Act (CAA)
Enacted 1970
Purpose of the Legislation.Establish uniform ambient air quality standards /
control air pollution discharge. Address specific air pollution problems (hazardous air pollutants, stratospheric ozone depletion, and acid rain).
Key Legislative Provisions.National Ambient Air Quality Standards (NAAQS) for
CO, Pb, NO2, O3, particulate matter, and SO2. States must develop source-specific emission limits to achieve the NAAQS.
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Clean Air Act (CAA) Emission Standards
Allen and Shonnard, 2002,Green Engineering: Environmentally-Conscious Design of Chemical Processes
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Clean Water Act (CAA)
Enacted 1972
Purpose of the Legislation.Reduce pollutant discharges into the nation’s
waterways (“zero discharge” goal). Make water bodies safe for swimming, fishing, and other forms of recreation (“swimmable” goal).
Key Legislative Provisions.National Pollutant Discharge Elimination System
(NPDES) permit program. Permit holders must monitor discharges, collect data, and keep records of the pollutant levels of their effluents.
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Resource Conservation and Recovery Act (RCRA)
Enacted 1976
Purpose of the Legislation.Regulate the “cradle-to-grave” generation, transport, and disposal
of both non-hazardous and hazardous wastes to land, encourage recycling, and promote the development of alternative energy sources based on solid waste materials.
Key Legislative Provisions.Generators must maintain records of hazardous waste generation
and transportation, and file this data in biennial reports to the EPA. Transporters and disposal facilities must adhere to similar requirements for record keeping and monitoring the environment.
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The 9 essential environmental regulations :clean-up, disclosure, and pollution prevention
Environmental Statute
Date Enacted
Purpose of Legislation
Key Provisions
Clean-Up, Emergency Panning, and Pollution Prevention
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
The Emergency Planning and Community Right to Know Act (EPCRA – part of SARA)
Pollution Prevention Act (PPA)
1980 1986 1990
Identify and clean up hazardous waste sites at industrial complexes, and federal facilities. EPA is responsible for creating the National Priority List (NPL). Amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986. 1) to respond to chemical release emergencies, and 2) compile an inventory of toxic chemical releases to the air, water, and soil from manufacturing facilities. Establish pollution prevention as the nation’s primary pollution management strategy with emphasis on source reduction. Established a Pollution Prevention Information Clearinghouse.
EPA identifies potentially responsible parties (PRPs) and notifies them of their potential CERCLA liability, which is strict, joint and several, and retroactive.
Facilities must help state and local entities to develop emergency response plans, and report annually to EPA data on toxic substances . Owners and operators of facilities that are required to file a Form R under the SARA Title III to report to the EPA information regarding the source reduction and recycling efforts that the facility has undertaken during the previous year.
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The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
Enacted 1980
Purpose of the Legislation.Identify and clean up hazardous waste sites at
industrial complexes, and federal facilities. EPA is responsible for creating the National Priority List (NPL). Amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986.
Key Legislative Provisions.EPA identifies potentially responsible parties (PRPs)
and notifies them of their potential CERCLA liability, which is strict, joint and several, and retroactive.
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The Emergency Planning and Community Right to Know Act (EPCRA – part of SARA)
Enacted 1986
Purpose of the Legislation.1) to respond to chemical release emergencies, and 2)
compile an inventory of toxic chemical releases to the air, water, and soil from manufacturing facilities.
Key Legislative Provisions.Facilities must help state and local entities to develop
emergency response plans, and report annually to EPA data on toxic substances.
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Pollution Prevention Act (PPA)
Enacted 1990
Purpose of the Legislation.Establish pollution prevention as the nation’s primary
pollution management strategy with emphasis on source reduction. Established a Pollution Prevention Information Clearinghouse.
Key Legislative Provisions.Owners and operators of facilities that are required to file a
Form R under the SARA Title III to report to the EPA information regarding the source reduction and recycling efforts that the facility has undertaken during the previous year.
