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MSO Environmental Law > Test 3 > Flashcards

Test 3 Flashcards

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1
Q

CERCLA

A

Comprehensive environmental response, compensation and liability Act

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2
Q

Why the superfund act?

A

Love canal, make liability so high that no one could possibly do it

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3
Q

Explain what is regulated by CERCLA

A

Hazardous substances: CWA haz. Substances and toxic pollutants, CAA hazardous air pollutants, RCRA listed and characteristic hazardous wastes. NOT petroleum

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4
Q

Who regulates CERCLA

A

Implemented by the EPA and the states

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5
Q

What constitutes a release under CERCLA

A

Almost any time a hazardous substance is freed from its normal container

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6
Q

What does not constitute a release according to CERCLA

A

Releases confined within workplace, exhaust from motor vehicles, nuclear release, application of fertilizer

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7
Q

Describe the reposting requirements of CERCLA (NRC= national response center)

A

Immediate report to the NRC by person in charge of vessel or facilities of any release of a reportable quantity, diluted or not. failure to report can result in civil or criminal penalties including 3 years in prison first offense

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8
Q

Identify the four categories of PRPs (CERCLA)

A
  1. Owner/operator of facility/vessel from which hazardous waste was released
  2. Parent companies and individual corporate officers
  3. Generators of hazardous waste
  4. Transporters of hazardous waste
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9
Q

Discuss strict liability (CERCLA)

A

Doesn’t matter if you did everything right, it’s still your fault

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10
Q

Discuss quasi-retroactive liability (CERCLA)

A

You get charged even if it happened before the act was made

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11
Q

Discuss join and several liability (CERCLA)

A

First found by EPA pays and then they blame someone else and they both pay etc etc

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12
Q

Discuss reopener (CERCLA)

A

If more contamination is discovered after a settlement PRPs are subject to further liability

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13
Q

Explain the Hazardous ranking system (HRS) and he national priorities list (NPL) and how sites get listed

A

EPA evaluates ever release and gives it a score based on population risk, severity of hazard, and potential for contaminating drinking water and ambient air. Then ranked on the NPL if they are high on the HRS, updated annually by the EPA, and highest level are given highest priority response

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14
Q

Explain what the superfund act can be used for and how it is funded

A

EPA cleanups, enforcement costs, reimbursements of private parties, the money comes from tax revenue and reimbursement of responsible parties

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15
Q

Explain short term and long term response actions under superfund

A

Short term response is limited, doesn’t necessarily remove everything, adds signs and fences, 1 year $2 mill max by superfund, long term is permanent clean up cost from $1-30 mill, high level remediationk

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16
Q

Explain judicial review of CERCLA decisions

A

No one want to be on the NPL, EPA decision to asa a site to the NPL is a formal agency action subject to notice public comment and review, these challenges are usually unsuccessful

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17
Q

RCRA

A

Resource conservation and recovery act

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18
Q

Describe the broad legislative goal of the RCRA

A

Management of hazardous waste in order to protect human health and the environment

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19
Q

Explain what is regulated by the RCRA

A

Solids, liquids, and containerized gases (solid waste), discardsand solids that may become hazardous or pose a threat (municipal industrial hazardous)

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20
Q

Who regulates RCRA

A

EPA and the states have EPA approved programs at least as strict as EPA if not more

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21
Q

Explain how RCRAs cradle to grave regulation of hazardous waste works, including the role of the manifest

A

We have to know what how much where when everything! Until it’s disposed of. The manifest must cover it all and EPA gets copy made by producers and passed and checked along the way till the end where it goes back to the generator again at the end

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22
Q

Explain the participants subject to regulation, the major responsibilities of each and how the waste is tracked

A

Generators who create, the transporters moving it and the TSD facilities (treatment storage or disposal) tracked through the hazardous waste manifest

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23
Q

What is a solid waste according to the RCRA

A

Solids, liquids and containerized gases as well as most spent materials and sludge but not recyclables

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24
Q

RCRA loopholes/exception

A

Mixture, the derived from rule, the contained in policy, the recycle exemption, exclusion

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25
Q

RCRA mixture loophole

A

Closing loophole, hazardous waste when mixed with solid waste is still hazardous, toxicity is not diluted.

26
Q

CIRT

A

Corrosive- acid
Ignitable- gasoline
Reactive- bleach
Toxic

27
Q

RCRA the derived from rule

A

Closing loophole: incineration does not make waste no longer hazardous unless the process to change it destroys the hazard (CIR)

28
Q

RCRA the contained in policy

A

Closing loophole; when a hazardous leaks into water ground etc the entire contaminated area is now waste

29
Q

RCRA recycle exemption

A

Waste can be recycled but cannot just stack up in landfills, must be reused. Loophole

30
Q

RCRA exclusions

A

What is not treated as waste at all, household waste, agriculture run off, drilling waste/ mining, things that there is too much of to regulate

31
Q

Explain environmental justice, LULU and NIMBY under the RCRA

A

Environmental justice is the concept that LULUs, locally undesireable land uses, should not be put on disadvantaged communities. LULUs are things like landfills that are cheap to put in poor people’s back yard because the rich and powerful wig be able to fight for NIMBY or not in my backyard

32
Q

Discuss underground storage tanks and regulation of the tanks (don’t forget he LUST fund)

A

Tanks and the connected pipes are regulated, only 10% has to be underground, septic tanks don’t count, everything regulated except hazardous wastes since those are discussed earlier in act

33
Q

EPCRA

A

Emergency planning and community right to know act

34
Q

Explain what event precipitated the legislation

A

A factory blew up in Indiana

35
Q

Explain the purpose of the EPCRA and who is involved

A

To mandate public disclosure of information on chemical use and releases and to improve emergency planning for and response to accidental release of extremely hazardous substances, EPA and states

36
Q

Explain what is regulated by the EPCRA and who regulates it

A

Hazardous chemicals (anything that OSHA requires a Safety data sheet) and extremely hazardous substances (a subcategory listed by EPA 360+, based on toxicity, reactivity, diapers ability, combustibility, flammability) regulated by the EPA with required participation of state and local governments

37
Q

Discuss emergency planning including the role of the Local Emergency Planning Committee (LEPC), Regional Response Team (RRT), and National Contingency Plan (NCP)

A

There is a network of coordination among facilities, safety and emergency response media etc. database at the state level that the local level makes of routes and potential complications and equipment, resource and response methods are ready and training exercises

38
Q

Explain reporting requirements of the EPCRA

A

Facilities must provide detailed info about what’s kept on site so the planning committees know as well as fire departments, immediately report is anything is released that is in excess of reportable quantity and that goes outside of the facility to the committees

39
Q

Explain the TRI (toxic release inventory) according to EPCRA

A

Facilities must report annual quantities of chemicals released into environment, info is available to the public and enables them to know what is in the community

40
Q

TSCA

A

Toxic substances control act

41
Q

Explain the purpose of the TSCA

A

To protect against unreasonable risk to human health and the environment by evaluation and regulation of chemical substances

42
Q

What is regulated by the TSCA

A

Anything that may be harmful and have wide exposures, EPA notified within 90 days of new substance

43
Q

Who regulates the TSCA and who is regulated

A

The EPA regulates it and the manufacturers are regulated

44
Q

Explain what happens with new chemicals, including pre-manufacture notice (PMN) and when a new chamuxal becomes an existing chemical

A

Notice 90 days prior to release with PMN of what it’s used for and who and how much and who is exposed health risks byproducts and disposal methods, new becomes existing once it’s in the market

45
Q

What can trigger the EPA to require testing under the TSCA

A

If they think it’s harmful or wide exposure and lots of people will be exposed

46
Q

FIFRA

A

Federal insecticide fungicide and rodenticide act

47
Q

Explain the purpose of FIFRA

A

To protect public health and the environment against unreasonable risk from pesticides

48
Q

What is regulated by FIFRA, who is regulated and who regulates it

A

Pesticides, manufacturer has burden of proof and EPA implements

49
Q

Explain the criteria a pesticide must meet in order to become registered

A

The benefits have to outweigh the risks, and the manufacturer has to demonstrate that there is no unreasonable risk to human or environment with science

50
Q

Explain who has the burden of proof in determining if a pesticide is safe

A

Manufacturer with scientific evidence that benefit is greater than risk

51
Q

Explain PHD public health pesticide and how the regulations differ

A

Pesticides used primarily for ph programs like preventing a disease, risks are balanced against the risks of the disease

52
Q

Discuss the cancellation and suspension process for pesticides under the RCRA

A

Cancellation used if EPA decides there’s a risk, subject to notice public comment and judicial review, manufacturer burden of proof still, suspension process is used if there is an imminent health hazard, EPA immediately bans product, the ban precedes the opportunity for comment and judicial review

53
Q

FDCA

A

Food drug and cosmetics act

54
Q

Explain the purpose of the FDCA

A

To protect public health through the regulation of certain consumer products

55
Q

What is regulated, who regulates it and who is regulated? FDCA

A

Food drugs dietary supplements tobacco and cosmetics, DHHS (department of health and human services) has exclusive authority to implement, burden of proof on manufacturer

56
Q

Rules for food safety under the FDCA

A

Prohibits the sale of poisoned or deleterious substances that could be harmful to health, food must be prepared in sanitary conditions, labels must be correct

57
Q

Rules for therapeutic drugs under FDCA

A

Prohibits sale of adulterated drugs, prohibits sale of mis-branded drugs, and must have pre marketing approval

58
Q

Rules for dietary supplements under FDCA

A

Prohibits adulterated and Mis-branded products, far less rigorous than for drugs

59
Q

Rules for tobacco regulation under FDCA

A

FDA can’t ban use of tobacco and it can’t be made safe, product ingredients must be clear as well as warning labels

60
Q

Define adulterated

A

Referring to the conditions in which something is prepared in

61
Q

Define misbranded

A

Falsely labeled

MSO Environmental Law (4 decks)

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