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REM Certification > Basics of Regulatory Process and Environmental Laws > Flashcards

Basics of Regulatory Process and Environmental Laws Flashcards

1
Q

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

A

Congress

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2
Q

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

A

State Legislatures

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3
Q

Laws

A

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

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

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4
Q

Regulations

A

-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)

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5
Q

Creating a Law: Step 1

A

Congress writes a bill.

A bill becomes a LAW when approved.

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6
Q

Creating a Law: Step 2

A

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

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7
Q

Creating a Law: Step 3

A

Act is codified in the USC

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8
Q

When is USC published?

A

Every 6 years

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9
Q

Annual Cumulative Supplements

A

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

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10
Q

Creating a Regulation: Step 1

A

Regulation is proposed

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

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11
Q

Creating a Regulation : Step 2

A

Comments considered and Final Rule issued.

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12
Q

Creating a Regulation: Step 3

A

Regulation is codified in the CFR

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13
Q

Federal Regulations

A

-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

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14
Q

Types of Environmental Enforcement Program (4 Types)

A

Civil
Criminal
Cleanup
Federal Facility

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15
Q

Civil Enforcement

A

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

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16
Q

Criminal Enforcement

A

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.

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17
Q

Cleanup Enforcement

A

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.

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18
Q

Federal Facility Enforcement

A

Ensures federal facilities comply with environmental regulations and statutes.

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19
Q

Types of Enforcement Actions

A

Civil Administrative Actions
Civil Judicial Actions
Criminal Action

20
Q

Civil Administrative Actions

A

-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.

21
Q

Civil Juidicial Actions

A

-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.

22
Q

Criminal Actions

A

-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

23
Q

Types of Enforcement Results: Civil Enforcement

A

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

24
Q

Settlements

A

-Generally agreed upon resolutions to an enforcement case

25
Q

River and Harbor Act of 1899

A

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

26
Q

Oil Pollution Act of 1924

A

Prohibits oil discharges into coastal waterways

27
Q

Water Pollution Control Act of 1948

A

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

28
Q

Solid Waste Disposal Act of 1965

A

First federal law regarding solid waste disposal

29
Q

Resource Conservation and Recovery Act of 1976 (RCRA)

A

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

30
Q

Clean Air Act 1970

A

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

31
Q

National Ambient Air Quality Standards (NAAQS)

A

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

32
Q

Clean Water Act of 1972 (CWA)

A

-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

33
Q

National Pollutant Discharge Elimination System (NPDES)

A

-CWA

-EPA’s permit program that controls discharges

34
Q

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

A

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

35
Q

Superfund Amendments and Reauthorization Act of 1986 (SARA)

A

-CERCLA/Superfund

-Reauthorized CERCLA to continue cleanup activities around the country

36
Q

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

A

-SARA

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

37
Q

Endangered Species Act of 1973 (ESA)

A

-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

38
Q

Energy Independence and Security Act of 2007 (EISA)

A

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

39
Q

Energy Policy Act of 2005 (EPA)

A

-Addresses energy production in the US, including:

-Energy efficiency
-Renewable energy
-Oil and Gas
-Coal
-Nuclear matters
-Energy Tax incentives
-Climate change technology

40
Q

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

A

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

41
Q

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

A

-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”

42
Q

Hazardous Materials Transportation Act of 1975 (HMTA)

A

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

43
Q

Hazardous Materials Transportation Uniform Safety Act of 1990 (HMTUSA)

A

-Regulations for the safe transport of HM in interstate, intrastate, and foreign commerce.

-Encourage uniformity among different state and local highway routing regulations

44
Q

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

A

-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

45
Q

National Environmental Policy Act of 1969 (NEPA)

A

-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

46
Q
A

REM Certification (2 decks)

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