Regulation and deregulation wk 2

Question 1

What are environmental crimes?

Answer 1

involve pollution of resources, including water, air, and land, as well as crimes related to workplace pollution and safety often caused by hazardous materials or unsafe equipment.

Question 2

What are the two major agencies mandated by Congress to adopt and enforce environmental and workplace regulations.

Answer 2

The Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA)

Question 3

What are the major federal environmental laws enforced by the EPA

Answer 3

Clean Water Act (CWA); Clean Air Act (CAA); Toxic Substances Control Act (TSCA); Resource Conservation and Recovery Act (RCRA); and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Question 4

What is the Clean Water Act (CWA)?

Answer 4

set as a national goal surface water quality throughout the United States that is “fishable and swimmable.”

Question 5

What did the CWA authorize the EPA to do?

Answer 5

authorized the EPA to regulate the discharge of pollutants and hazardous materials from point sources, such as pipes, into the surface waters of the United States through the NPDES permitting process, which stands for National Pollutant Discharge Elimination System. The EPA may authorize states to carry out the permitting process with EPA oversight. Failure to obtain a permit or violations of any permit conditions or EPA limitations is illegal.

Question 6

How does the EPA protect US Waters?

Answer 6

Trough establishment of industry-based effluent limits and requires businesses to use best practicable control technology when discharging into surface waters. In addition, the EPA has adopted regulations concerning water-quality standards for contaminants to protect surface waters from adverse physical, biological, or chemical changes in quality.

Question 7

How does the Clean Air Act regulate air quality?

Answer 7

regulation of point source emissions and control of emissions from moving sources or vehicles. T

Question 8

How does the EPA implement the National Ambient Air Quality Standards (NAAQS)?

Answer 8

each state has adopted a state implementation plan (SIP) that indicates how the state will comply with the NAAQS. Nationwide attainment has never been achieved.

Question 9

How does a company emit air pollution?

Answer 9

emit that complies with EPA standards under the EPA operating permit program. States work with the EPA in administering the permitting process. Companies, however, may purchase a right to pollute the air on the stock exchange, as not all companies emit the maximum pollutants permissible into the air and are able to sell these rights to companies that exceed the EPA limits. Failure to obtain a permit or violations of any permit conditions or EPA limitations is illegal.

Question 10

What is the Toxic Substances Control Act (TSCA)

Answer 10

adopted in 1976, the EPA is responsible for conducting a pre-manufacture review of new chemicals to assess their health and environmental effects before they are manufactured and used for commercial purposes. The review is based on a pre-manufacture notice and data on the chemical’s effects that is provided by the manufacturer. The regulated business must also comply with TSCA’s significant reporting and recordkeeping requirements to ensure EPA’s access to new information concerning health risks or adverse environmental effects associated with the chemical substances. Based on EPA’s continual screening, the agency may require specific reporting or testing on chemicals that pose significant risks and hazards to human health and the environment if produced in substantial quantities.

Question 11

Under the TSCA what can the EPA do and not do with chemicals?

Answer 11

The EPA also has the authority to ban manufacturing or importing of chemicals that pose an unreasonable risk. However, even if the EPA has barred or discontinued the use of certain chemicals in the U.S., U.S. companies are still able to manufacture and export these chemicals for use in other nations. For example, although pesticides are not regulated under TSCA, the EPA regulates these chemicals under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and permits export of pesticides banned for use in the U.S. Failure to comply with any requirements of TSCA regulations, including maintaining records, or any EPA requirements for manufacturing, processing, distributing, or using a TSCA-listed chemical is unlawful.

Question 12

What is the The Resource Conservation and Recovery Act (RCRA

Answer 12

adopted in 1976, protects the environment and public health through management of wastes including authorizing the EPA to develop techniques for reducing hazardous wastes. The 1984 Federal Hazardous and Solid Waste Amendments to RCRA required the phasing out of hazardous waste land disposal and a program concerning underground storage tanks. Although some household products may be hazardous, they are exempt from RCRA.

Question 13

Under RCRA, what is the EPAs authority?

Answer 13

to control hazardous wastes based on a cradle-to-grave manifest system. The generator or entity disposing of the hazardous wastes is obligated to properly manage the hazardous wastes on site and arrange for their disposal off-site. For example, it is not legal to bury barrels of hazardous wastes or pour dangerous wastes down a drain into the municipal sewer system.

Question 14

What must a waste generator do if it disposes hazardous waste off site?

Answer 14

If the generator disposes of the hazardous wastes off-site it must notify the EPA and obtain an identification number, which is placed on the manifest. The wastes and a copy of the manifest will then be turned over to a transporter, who is obligated to transport the wastes to a treatment or disposal facility in accordance with the law, which includes proper labeling. Once the hazardous wastes reach a disposal facility, the facility is obligated to follow legal procedures in the treatment or storage of the hazardous wastes. The generator is obligated to keep the manifest for three years, and may be held liable for illegal acts of the transporter or disposal facility.

Question 15

What are the penalties under CWA

Answer 15

A permanent or temporary injunction to stop a violation.
A criminal fine for negligent violations of not less than $2,500 and not more than $25,000 for each day of the violation or by imprisonment for not more than one year, or both. The maximum fine is increased to $50,000 per day if there has been a prior violation. Negligence means that the business knew or should have known that its violation would cause personal injury or harm to the environment.
A criminal fine for knowing violations of not less than $5,000 and not more than $50,000 for each day of the violation or by imprisonment for not more than 3 years, or both. The maximum fine is increased to $100,000 per day and the prison term to 6 years if there has been a prior knowing violation.
A criminal fine for knowing violations that place another person in imminent danger of death or serious bodily injury of not more than $250,000 or by imprisonment for not more than 15 years, or both. The penalties are doubled if there is a prior conviction. Organizations may be subject to a fine of not more than $1,000,000. There is an affirmative defense that can be claimed if the person endangered knowingly consented to the conduct charged.
A criminal fine for knowingly making material false statements on applications, records, or reports or tampering with monitoring devices of not more than $10,000 or by imprisonment for not more than 2 years, or both. The penalties are doubled if there is a prior conviction.
There are also some lesser administrative penalties that may be imposed

Question 16

What are the penalties under CAA

Answer 16

A permanent or temporary injunction to stop a violation, a civil penalty of not more than $25,000 per day, or both.
An administrative penalty for up to $200,000 for attempting to modifying a major stationary source.
A civil fine not to exceed $5,000 per day of violation for minor violations.
The court may require that civil penalties be used in beneficial mitigation projects.
A criminal fine for negligently releasing hazardous air pollutants into the ambient air and placing another person in imminent danger of death or serious bodily injury of not less than $2,500 and not more than $25,000 for each day of the violation or by imprisonment for not more than one year, or both.
A criminal fine for knowingly releasing extremely hazardous air pollutants into the ambient air and placing another person in imminent danger of death or serious bodily injury of not more than $250,000 or by imprisonment for not more than 15 years, or both. The penalties are doubled if there is a prior conviction. Organizations may be subject to a fine of not more than $1,000,000 for each violation. There is an affirmative defense that can be claimed if the person endangered knowingly consented to the conduct charged.
A criminal fine for knowingly making material false statements on applications, records, or reports of not more than $10,000 or by imprisonment for not more than 2 years, or both. The penalties are doubled if there is a prior conviction.

Question 17

What are the penalties under TSCA

Answer 17

A civil fine not to exceed $25,000, with a separate penalty for each day that the violation continues.
A criminal fine for knowingly or willfully violating the law not to exceed $25,000, with a separate penalty for each day that the violation continues.
Imprisonment for not more than one year when a person knowingly or willfully violates the law.
Under RCRA:
A permanent or temporary injunction to stop a violation.
Suspension or revocation of a permit or authority to operate.
A civil fine of $25,000 per day for noncompliance with an order or violation of RCRA.
A criminal fine of no more than $50,000 for each day of violation, imprisonment not to exceed two years or five years for more egregious crimes, or both, for knowingly transporting or causing to be transported hazardous wastes to a facility that does not have a permit; for knowingly treating, storing, or disposing of hazardous wastes without a permit; for knowingly violating a condition of a permit; for knowingly omitting material information from or providing false information in a permit application or other record; for knowingly transporting hazardous wastes without a manifest; for knowingly exporting hazardous wastes to a country without its consent; and for other knowing violations of RCRA. Penalties are doubled if there is a prior conviction.
A criminal fine for knowingly transporting, treating, storing, disposing of, or exporting hazardous wastes in violation of RCRA and placing another person in imminent danger of death or serious bodily injury of not more than $250,000 or by imprisonment for not more than 15 years, or both. The penalties are doubled if there is a prior conviction. Organizations may be subject to a fine of not more than $1,000,000. There is an affirmative defense that can be claimed if the person endangered knowingly consented to the conduct charged.

Question 18

What are the penalties under CERCLA

Answer 18

EPA may enter into a settlement agreement based on a judicial consent decree or an administrative order of consent for cleanup by the PRPs or cleanup by the EPA with payment by the PRPs. The settlement agreement may include stipulated penalties for non-compliance.
EPA may issue a unilateral administrative order (UAO) ordering PRPs to undertake a short-term response or long-term cleanup, and failure to comply with the UAO may result in PRPs paying 3 times what it costs EPA to do the cleanup.
EPA may take over the work when a party is out of compliance with an order or settlement agreement.
A civil fine of up to $37,500 for each day that a PRP is not in compliance a settlement agreement.

Question 19

Congress adopted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also referred to as “Superfund,” in 1980, what does it do?

Answer 19

aid in the cleanup of uncontrolled and abandoned hazardous waste sites. CERCLA was amended in 1986 by the Superfund Amendments and Reauthorization Act, which is known as the SARA amendments. CERCLA imposes liability on potentially responsible parties, known as PRPs, to pay for the cleanup. PRPs include current and former property owners, those who disposed of the hazardous materials, and hazardous material transporters. However, Congress recognized that PRPs may not be able to pay for the cleanup or may not be located or identified, so it established a CERCLA trust fund that is funded through a tax on the chemical and petroleum industries. Many of the PRPs have filed bankruptcy and have been unable to pay any reimbursements or fines, and the trust fund has insufficient funds to clean up all of the sites identified by the EPA.

Question 20

What are the 2 responses provided by CERCLA

Answer 20

short-term removal actions and long-term remedial actions.

Question 21

When are short term removals used?

Answer 21

used when a prompt response is necessary to eliminate potential danger to human health and the environment. EPA uses a hazard ranking system to include sites on its National Priority List. These sites are subject to the long-term remedial cleanup action. EPA works closely with state environmental agencies in establishing prohibitions and requirements for cleaning up hazardous waste sites and seeking reimbursement from PRPs.

Question 22

What are the Penalties for violating federal and state environmental law

Answer 22

are both civil and criminal and may be imposed by the EPA, an administrative judge, or state environmental agencies, usually after a hearing, or by a judge after a court action. Judges may order restitution, probation, and nontraditional sanctions such as payment to a community fund. A court may also impose equitable relief such as an injunction. The violator has a right to appeal any orders and may defend by showing that there was no violation of the law or regulation or in the case of a criminal action, that the necessary intent was lacking. Some of the statutes include other affirmative defenses.

Private parties may also file their own civil actions against a business that violates an environmental law. Many cases result in a settlement agreement. In determining the penalty, the environmental agency or judge will consider mitigating factors and will try to obtain compliance before imposing stiff penalties. Some of the mitigating factors set forth in statutory law include the gravity of the violation, the violator’s ability to pay, the effect of a monetary fine on the violator’s ability to continue doing business, prior history of violations, the violator’s good faith efforts to comply, and the level of intent or culpability.

Question 23

The Occupational Safety and Health Act (OSH Act) was adopted in 1970 with a stated purpose to

Answer 23

assure as far as possible every working man and woman in the Nation safe and healthful working conditions

Question 24

What did Congress create and mandate the Occupational Safety and Health Administration (OSHA) do?

Answer 24

to adopt regulations to carry out the purpose of the OSH Act and protect workers from serious harm and death. OSHA’s standards and rules address both employee health dangers caused by hazardous substances and employee safety dangers caused by industrial accidents. Many states have adopted comparable OSH Acts, and state and local employees are covered by these laws, but may not be covered by the federal OSH Act. The self-employed are also not covered by the OSH Act.