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Environmental Policy and Risk Management > Midterm > Flashcards

Midterm Flashcards

1
Q

Potential for chemical, biological, or physical

agent to cause illness or injury

A

Hazard

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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

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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

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4
Q

Agency process for formulating,

amending, or repealing a rule

A

Rulemaking

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5
Q

Gives public access to records and allows

participation in rulemaking

A

Administrative Procedures Act of 1946

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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

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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

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8
Q

Administers CAA on Federal Level

A

US EPA

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9
Q

States responsibilities on Clean Air Act

A

Compliance, Permitting, Enforcement

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10
Q

CAA Title I

A

Air Pollution Prevention and Control

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11
Q

CAA Title II

A

Emissions Standards for Moving Sources

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12
Q

CAA Title III

A

General Provisions

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13
Q

CAA Title IV

A

Acid Deposition Control

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14
Q

CAA Title V

A

Permitting

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15
Q

CAA Title VI

A

Stratospheric Ozone Protection

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16
Q

CAA Title I Part A

A 
National Ambient Air
Quality Standards (NAAQS) required to be set by EPA for air pollutants
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17
Q

CAA Title I Part A Primary Standards

A

Set up to protect human
health including high risk
populations

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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
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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

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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

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21
Q

HAPS Major vs Area sources

A

Major sources – maximum available control
technology
Area sources – generally available control
technology

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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

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23
Q

CAA Title I Part B

A

Prevention of

Significant Deterioration of Air Quality

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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”

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25
Q

Classification system for air quality areas:

A

Class I- National Parks

Class II-Everything Else

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26
Q

CAA Title I Part D

A

Plan Requirements for

Nonattainment Areas

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27
Q

CAA Title I Part D SIP Rules

A

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!)

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28
Q

CAA Title I Part D SIP plan

A

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

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29
Q

Emissions inventory

A 
Inventory of air
pollutant emissions
from a particular
source, area, or
process
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30
Q

CAA Title II EPA standards

A

EPA must set emissions standards for “light-
duty” vehicles - Office of Transportation and Air

Quality
• NMOG, CO, NOx, Formaldehyde, PM

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31
Q

CAA Title II EPA promulgations

A

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)

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32
Q

CAA Title III EPA Admin responsibilities

A

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

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33
Q

CAA Title III Public abilities

A

Allow for individuals to engage in civil lawsuits
against those who violate emissions standards or
fail to comply with order from EPA administrator

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34
Q

CAA Title IV Purpose

A

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

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35
Q

CAA Title V implementation

A

Permitting standards set by EPA and

implemented/issued by states

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36
Q

Federal Water Pollution Control Amendments of

1972

A

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

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37
Q

Clean Water Act of 1977

A

Established structure for regulating discharges of
pollutants un US water
Regulated dredge material

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38
Q

Water Quality Act of 1987

A

Added non-point source pollution

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39
Q

Beaches Environmental Assessment and Coastal

Health Act of 2000

A

Added authority to regulate water quality at

recreational beaches

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40
Q

EPA Water Quality Trading Policy of

2003

A

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

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41
Q

EPA Clean Water Rule of 2015

A

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
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42
Q

US Clean Water Act Title I

A

Authorizes EPA to research water pollution,

collaborate with other agencies, develop programs

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43
Q

US Clean Water Act Title II

A

Authorizes grants for construction of water

treatment plants

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44
Q

US Clean Water Act Title III

A

Requires discharge permits, establishes water
quality standards, established National Water
Quality Inventory, EPA enforcement guidelines,
Non-point source pollution regulations

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45
Q

US Clean Water Act Title IV

A

Established permitting systems

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46
Q

US Clean Water Act Title V

A

Gives citizens the right to file suits against EPA

• Protects whistleblowers

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47
Q

US Clean Water Act Title VI

A

Additional funds for wastewater treatment through

State Water Pollution Control Revolving Funds

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48
Q

Water discharge permitter

A

States

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49
Q

Pollutants Covered Under Clean Water

Act

A 
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
Q

US Clean Water Act General

Procedures - Designed Use

A

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
Q

US Clean Water Act General

Procedures - Water Quality Standards

A

Adopt water quality standards for designated use
• Provided by EPA for priority pollutants
• Secondary pollutants are suggested, but not enforced

52
Q

US Clean Water Act General

Procedures - Total Maximum Daily Load

A

Determine how much pollutant can be discharged without

violating standards

53
Q

US Clean Water Act General

Procedures - Discharge Permits

A

Issue discharge permits for individual dischargers to ensure

sum of discharges does not exceed WQS

54
Q

US Clean Water Act General

Procedures - Water Quality Inventory

A

Biennial reporting of water quality to EPA and Congress

55
Q

Total Maximum Daily Load

A

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
Q 
National Pollutant Discharge
Elimination System (NPDES)
A

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
Q

National Water Quality Inventory

Report

A

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
Q

Before Safe Drinking Water Act

A

the safety of
drinking water was regulated by the states and
tribes

• Mostly focused on bacteriological quality

59
Q

US Safe Drinking Water Act of 1974

A

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
Q

1986 Safe Drinking Water Act Amendment

A

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
Q

Lead Contamination Control Act of 1988

A

Recalled lead lined water coolers
• Helped schools and daycare centers to identify
and reduce lead contamination of drinking water

62
Q

Safe Drinking Water Act 1996 Amendments

A

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
Q

Contaminants Covered Under SDWA

A 
Microorganisms
• Example: Bacteria
• Disinfectants
• Example: Chlorine
• Disinfection by-products
• Example:Trihalomethanes
• Inorganic Chemicals
• Example: Heavy Metals
• Organic Chemicals
• Example: Pesticides
• Radionuclides
• Example: Radon
64
Q

SDWA Part A Primary Drinking Water Regulation

A

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
Q

SDWA Part A Secondary Drinking Water Regulation

A

Specifies a contaminant that may impact odor
or appearance or otherwise impact public
welfare

66
Q

SDWA Part A Maximum Contaminant Level Goal

A

a level which no known or anticipated
health effects are expected within a margin of
safety

67
Q

SDWA Part A Feasible

A

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
Q

SDWA

• Part B-Development of Drinking Water Standards

A

Requires EPA to develop National Primary
Drinking Water Regulations for public water
sources (PWS)

69
Q

SDAW Part B PWS Regulations

A

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
Q

SDWA Part B Secondary Maximum Contaminant

Level (SMCL)

A

Usually impacts odors or aesthetics of drinking
water, but not health

• Are not enforceable

• Have been adopted as mandatory in California and
Florida

71
Q

SDWA

• Part C-Underground Drinking Water

A

Authorizes EPA to extend regulations to
underground water sources
• Also regulates underground injection into or below
an aquifer

72
Q

SDWA Part D-Emergency Powers

A

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
Q

SDWA

• Part E-General Provisions

A

Allows for civil action
• Grants for states
• Allows for research and training
• Other general procedures

74
Q

SDWA Part F-Additional Requirements

A

Focuses on lead lines water coolers and removal

of lead in school drinking water sources

75
Q

Procedures For Developing National

Primary Drinking Water Standards

A

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
Q

SWDA Enforcement

A

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
Q

Federal Waste Regulations

A

Set by Resource Conservation and Recovery Act 1976

78
Q

RCRA Congress Mandated Goals

A 
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
Q

Florida RCRA Authority

A 
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
Q

Prohibition on Land Disposal in Florida

A

Florida has NO permitted commercial hazardous
waste landfills or incinerators
• All hazardous waste is PROHIBITED by statute from
land disposal in Florida

81
Q

Hazardous Waste Definitions

A

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
Q

Florida Statute 403.7046

A
  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
Q

Florida Annual Reporting Schedule

A

• 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
Q

APHIS 9 CFR Chapter 1

A

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
Q

Animal Welfare Act

A 
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
Q

Pure Food and Drug Act of 1906

A

Created the FDA
• Testing of food (and medicine) for human
consumption

87
Q

Federal Meat Inspection Act of 1906

A

• Purpose-to ensure humane slaughter, product
safety, and wholesomeness
• Basis for current inspection
• Mandatory for all interstate and export commerce

88
Q

Meat inspection act of 1906 Inspections

A 
• 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
Q

1957- Poultry inspection act

A

Required poultry inspection in “major consuming

areas”

90
Q

1958, 1978 Humane Methods of Slaughter act

A

Established provisions for humane slaughter

91
Q

1967-68- Wholesome meat/poultry act

A

State programs must be at least equal to federal

• Talmadge-Aiken Act of 1962 (TA plants)

92
Q

1996- Pathogen reduction/HACCP

A

SOPs, pathogen testing/standards

93
Q

9 CFR 417

A

Hazard Analysis,

Critical Control Points

94
Q

Hazard Analysis,

Critical Control Points details

A

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
Q

USDA Food Labels

A
  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
Q

National Environmental Policy Act

A

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
Q

NEPA Title I Congressional Declaration of National Environmental Policy

A

• 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
Q

NEPA Title II Council on Environmental Quality

A
  • 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
Q

Federal Insecticide, Fungicide, and Rodenticide

Act (FIFRA) of 1947 + Federal Environmental Pesticide Control Act of 1972

A

• 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
Q

FIFRA Amendments

A

• 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
Q

FIFRA Pesticide Registration Process

A

• 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
Q

FIFRA Reregistration of pesticides

A

• 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
Q

FIFRA Public Disclosure, Exclusive Use, and

Trade Secrets

A

• 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
Q

FIFRA and other legislation

A

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
Q

FIFRA Enforcement

A

• 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
Q

Federal Hazardous Substances Act of 1960

A

• 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
Q

Toxic Substances Control Act Section 4

A

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
Q

Toxic Substances Control Act Section 5

A

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
Q

Toxic Substances Control Act Section 6

A

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
Q

Toxic Substances Control Act Section 7

A

Section 7 provides EPA with authority to take emergency action
• If a chemical presents an imminent and unreasonable risk

111
Q

Toxic Substances Control Act Section 8

A

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
Q

Toxic Substances Control Act Section 9

A

allows EPA to refer cases of chemical risk to other agencies

• OSHA, FDA, etc

113
Q

Toxic Substances Control Act Section 11, 15, 16, 17, 20, 21

A

provides EPA with enforcement tools

• Inspections, subpoenas, fines, reports, lawsuits, criminal charges, etc

114
Q

Toxic Substances Control Act Section 14

A

requires EPA to protect proprietary/confidential information

115
Q

Problems with TSCA

A

• 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
Q

TSCA Asbestos Story

A

• 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
Q

FRANK R . LAUTENBERG CHEMICAL SAFETY FOR THE

21ST CENTURY ACT

A

• 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
Q

FRANK R . LAUTENBERG CHEMICAL SAFETY FOR THE

21ST CENTURY ACT Issues

A

• 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
Q

Comprehensive Environmental Response, Compensation, and Liability Act

A

• 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
Q

CERCLA General procedure for superfund sites

A
  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
121
Q

CERCLA NPL Listing

A

• 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

Environmental Policy and Risk Management (1 decks)

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