ENVIR STUDIES SEMR
ENVIR STUDIES SEMR ENVIR 497
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This 16 page Class Notes was uploaded by Bessie Towne on Wednesday September 9, 2015. The Class Notes belongs to ENVIR 497 at University of Washington taught by Staff in Fall. Since its upload, it has received 21 views. For similar materials see /class/192164/envir-497-university-of-washington in Program On The Environment at University of Washington.
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Date Created: 09/09/15
Federal Environmental Laws Legal Frameworks Command and Control Laws Facilities iAir Water Hazardous Waste DW iAmbient Standards Technology Standards Permits Monitoring PlanningLand Use Projects iNEPNSEPA ESA Washington State GMA iPlans studies consultation public involvement iWill cover more during week 6 Product Regulation 7 Large Universe iPesticides FIFRA Toxic Substances Control Act iTesting before market and after market controls on product use Frameworks Con t Clean up 7 Large Universe Superfund CERCLA Oil Pollution Act Wa Model Toxics Control Act RightToKnow Facilities EPCRA Safe Drinking Water Act Amendments Not all neatclean divisions CAA regulations on CFCs Patterns to Look For Applicabi1ityUniverse of Facilities iWhowhat is regulated waters of the US Enforcement vs Regulatory Assistance ilnspections penalties iGrantsloans Compliance assistance Role of the Public Citizens 7Comments petitions iCitizen suits Federal State Local Roles iWhich laws are delegable iRole of feds in statelocal programs Who Can Sue For What When iLiability issues Voluntary Market Approaches iCap and trade emissions banking Clean Air Act 1970 39First clean air legislation with major regulatory authorities 39National Ambient Air g Quality Standards iState Control Programs to Achieve NAAQS iSpecial controls for nonattainment areas iBig impact on WA state metro areas 7WA State areas are meeting standards 39Technology Based Standards for NewModified Sources iHow this New Source Review is done has become a major controversy CAA con t Mobile Source cartruck controls Emission standards for categories of sources Regulation of fuels ie lead 391990 Amendments Stratospheric Ozone Provisions Title VI Implements Montreal Protocol Production of CFCs stopped distribution of new products banned n J39 1 call for long recovery time Clean Water Act 1972 National Water g Quality Criteria State Water Qualitv quot J J and Water Bodv A National Pollutant Discharge Elimination System IndividualGeneral Permits Discharge Monitoring Reports Technology Based Standards for Categories of Sources CWA cont d Grant Programs Publicly Owned Treatment Works POTWsewage plant about 70 billion to date Still Major Gaps in needs vs funding 391987 Amendments Storm water discharge regulations NonPoint Source Program CWA Wetlands Covered in CWA Section 404 Permit requirements for dredgefill in navigable waters including wetlands Jointly implemented by EPNCopps iState Issues 401 Certi cation Corps Issues Permits EPA issues guidance has veto power Largely federal program few states have full delegation Safe Drinking Water Act 1974 Regulates all systems supplying 25 or more residents currently about 170000 in US Over 150 systems in King County National health based standards natural and man made pollutants level goals standards EXtensive monitoring required for DW sytems l12 imnm State revolving fund loan program RCRA 1976 Cradle to grave control of hazardous waste 7Complex de nition ie solid waste includes liguids gases Regulations for generators transporters treatment disposal facilities Law also regulates solid waste facilities Underground Storage Tanks support to state SW programs standards for UST and a fund to clean up leaking ones LUST Product Control TSCA 1976 Previous laws gave government power to act only after damage from toxics chemicals occurred TSCA Regulates chemicals in three main ways iTesting and possible 39 quot for existing 39 39 39 testing done not much regulation iPremanufacturing notice and testing required for all new chemicals iKnown hazardous chemicals banned from commerce PCBs Federal Insecticide Fungicide and Rodenticide Act 1972 Transferred control of pesticide law from Dept of AG to EPA 39Strengthened the registration process 7Covers about 19000 pesticides currently in use Removal of pesticides from market iCancellation isuspension Labeling requirements ilngredients allowed uses directions for use CleanUp Superfund 1980 oResponses to releases or threatened releases of hazardous substances oEstablished a trust fund to provide for cleanup iFund created via taX on the chemical and petroleum industries iBroad liability imposed on 1 owners operators of contaminated property 2 generators arrangers and 3 transporters of hazardous substances Authorizes two kinds of cleanup actions ishortterm removals to address releases or threatened releases requiring prompt response iLongterm remedial response actions permanently and signi cantly reduce the dangers associated with releases iLong term responses can be conducted only at sites listed on EPA39s National Priorities ListNPL SF con t 39Remedial Investigation iSite characterization risk assessment 39Feasibility Study iDetailed analysis of alternatives 39Record of Decision iSelection of Alternative and Justification 39Brownfrelds Program important new feature of Superfund iGrant monies for studies and cleanup iCertain liability limits for property owners neighboring owners prospective purchasers 39State Model Toxics Control Act also covers many sites in Washington Oil Pollution Act 1990 Administered by EPA Coast Guard Oil taX to create fund for response to oil spills similar to Superfund Storage facilities and vessels submit preventionresponse plans to feds Federalstate agencies directed to develop contingency planspractice responses to spills ildentify critical areas for protection ildentify facilitiessuppliesvessels available to respond Community Right to Know EPCRA Response to Bhopal disaster Major provisions iToxics Release Inventory Annual reports for facilities that release certain levels to air water land offsite transfers Available via EPA s TRI ME website iReporting on locations of hazardous materials iEstablishes response coordination mechanisms Other Laws WA State Environmental Laws State Environmental Protection Act Shoreline Protection Act Growth Management Act Model Toxics Control Act State versions of CAA CWA RCRA SDWA Public ResourceLand Management National Wildlife Refuge System Administration Act 1966 Wildemess Act 1964 Federal Land Policy and Management Act 1976 Farm Bills Farm Bill oNew bill enacted every few years Most recent is 2002 onservation Reserve Program Sodbuster Purchasing land to retire from production AWetlands Reserve Program Sodbuster Purchasing of easements on farm wetlands Environmental Quality Incentives Program Financial support for environmental improvement practices Major reductions on erosion iFrom 21 to less than 2 tonsacreyear on CRP lands Administered by USDAamp NRCS WildlifeSpecies Protection Endangered Species Act 1973 Marine Mammal Protection Act 1972 Fish and Wildlife Coordination Act amended 1958 Cultural Historic Resources Historic Sites Buildings and Antiquities Act of 1935 Archeological and Historic Preservation Act as amended 1974 National Historic Preservation Act 1965 Archeological Resources Protection Act of 1979 Water Resources Estuary Protection Act 1968 Wild and Scenic Rivers Act 1968 Marine Protection Research and Sanctuaries Act of 1972 Outer Continental Shelf Lands Act as amended 1978 Energy Related Laws Federal Power Acts 1920 1935 Relicensing of Hyrdo Projects Now handled by FERC Energy Conservation Act 1975 Fuel ef ciency standards for cars Energy Security Act of 1980 PNW Power Planning amp Conservation Act Energy Policy Acts 1992 2005 References Clean Air Act ihttp WWW epa gov air criteriahtm1 ihttp wwwepa govoaroaqpsgreenbld ihttpwwwecVwa v 39 quot Web Map Introhtm ihttpwww esrl noaa V WJ 7nquot 39 01 1pdf CWA http www epa govwatersciencecriteria httpappsecywagovwqawaViewerhtm http www ecywa govprogramswqtmdl indeXhtm1 httpwwwecywaguv p1 you 3 r quot 7404pdf httpwwwepagovowowwetlandsguidance httpwwwepagovowowwetlandspdf404cpdf http www ecywa govprogramswqstormwater SDWA http dnrmetrokc govwlrwatersupwaterweb htm httpwww epa gov safewater contaminants indeXhtm1 http www seattle govutilAboutisPUWaterisystemWateriQualityWateriQualityi AnnualiReportsindexasp httpwwwdohwagovehpdw RCRA http wwwfedcenterb 39 quot quot 39 39 famiu Wilatib owchart httpwwwecywagovpubs96436pdf httpwww ecywa gov pro grams hwtrre gicompiguide pages re gsihazwastehtml http www epa govoustltffacts htm TS CA 39htthWWWepaguv oppt39 1 39 yiisthtm httpwwwepagovpbtpubspbtstrathtm httpwwwhudgovof cesleadleadstatutescfm FIFRA httpwwwepagovpesticideslabel httpwwwepagovhistorytopics fraO1htm ESA http wwwfws govpaci cbu11troutcolklacriticalhabhtm httpwwwfwsgovendangeredhcpNOSURPRHTM httpsunsiteutkcdu mu 39 39 J WUyUlthUh llltIIl Superfund httpepaoscnetregionilistaspregi0n10 httpyosemiteepa govr10cleanupnsfwebpageWashingtonCleanupSites OpenDoc umentampC0unt250 ampResortAscending3 httpwwwepagovbrown eldshtmldoc2869sumhtm EPCRA http 0aspub epa govenviro iimaster iiretrieve county7namekingampstateicodeW AampallJr0gramsYE Samppr0gram search1amprep01 t1amppage7n01amp0utputisqliswitch TRUEamp databaseitypeTRIS Administrative Law Administrative Law 39Controls the exercise of governmental power by administrative agencies 39Controls the way in which agencies develop administer and enforce their authority 39Principles are the basis for legal remedies for those aggrieved by administrative actions Separation of powers Legislative power Essential function is make laws statutes ordinances EX Congress Legislature City Council Executive power Essential function is administer programs EX President Governor Mayor Judicial power Essential function is resolve disputes adjudicate EX Federal courts State courts hearing examiners Agencies 39Agencies federal state local regional 39Agencies combine all powers in one body Legislate adopt regulations Adjudicate hold administrative hearings Administer develop policies issue permits enforce Some Fundamentals from Fox Limits on agency power 39Statutory delegation via enabling act substantive statute Statute must delegate adequately what are limits to power who does what when Example Clean Air Act Clean Water Act 39Procedural controls Administrative Procedures Acts APA Federal APA 5 USC 551 et seq State APA Ch 3405 RCW Local APA eg Seattle Municipal Code Other limits to agency power 39Executive appointments budgets and audits 39Legislative approve appointments review rules agency sunsetting provisions 39Judicial review Agency Rulemaking RCW 3405010l6 a rule means any agency order directive or regulation of general applicability the violation of which subjects a person to a penalty or sanction which establishes alters or revokes any procedure relating to agency hearings or the enjoyment of bene ts or privileges conferred by law which establishes quali cations for the issuance suspension or revocation of licenses which establishes mandatory standards for any product or material that must be met before sale What is an agency action Fox Section 104a 39Federal APA includes the whole or a part of an agency rule order license sanction relief or the equivalent or denial thereof or failure to act 39RCW 34050103 licensing the implementation or enforcement of a statute the adoption or application of an agency rule or order the imposition of sanctions or the granting or withholding of benefits Agency Rulemaking Requirements APA and RCW 39Notice of ruleintent 39Opportunity to comment Response to comments 39Publication of resulting rule Enforcement Response Process Informal Notice of Violation Formal Administrative Order Consent Order Civil Referral Complaint Consent Decree Settlements Pertains to Admin and Civil Cases Core Concept Timely and Appropriate Response to High Priority Violators Penalty Matrix Civil and Admin Looks at Potential for harm EXtent of deviation from requirements Up to statutory limits Also factors in Good faith efforts Degree of willfulnessnegligence History of noncompliance Ability to pay Economic bene t of noncompliance Admin Hearings EPA files complaint lodged with hearings clerk Lists violations Penalty according to penalty matrix injunctive relief Defendant responds EPN defendant hold regular conferences to resolvesettle Nationally 400 cases per year Average penalty 170k Typical timeframe from filing to decision 18 months Admin Hearings con t EPA both prosecutor and judge Prohibitions on ex parte communications Hearings may be held in DC Region or Defendant s county Witnesses exhibits similar to civil but Rules of Evidence are more informal Trials generally last just a few days At end EPA Defendant offer opposing findings of fact conclusions of law proposed order supporting briefs ALJ Process con t Presiding of cer issues Initial Decision All material issues of law or discretion Proposed penalty explanation of why it differs from EPA s if that is the cae Decision becomes final unless either party files motion to reopen within 45 days Motion to appeal within 30 days Environmental Appeals Board 39Provides for orderly review of important issues of law prior to federal court review Latter done typically pursuant to Administrative Procedures Act 39Usually response to motion to appeal ALJ decision 39Board composed of four members Panel of three typically hears a case Review is de novo 39Final decision last step in admin process Court Challenges 39Final agency action impose obligation deny right fix legal relationship 39EXhaust administrative remedies 39Standing Statutory standing any person If silent then general standing wikipedia Challenge of Agency Rule 39Violation of APA or other procedural statute 2 years 7 Le messedup notice comment publish 39Ultra vires 7 exceeded authority delegated by statute BUT always deference to agency action within delegated expertise 39Violation of Constitution 39Irrational decisionmaker arbitrary and capricious Grounds to Challenge Agency Adjudication 39All of the same claims as rulemaking challenges plus Agency has erroneously interpreted or applied the law Insu icient eVidence Agency s order inconsistent with rule Environmental Impact Analysis What is EIAWikipedia Assessment of the likely positive andor negative in uence a project may have on the environment Identifying predicting evaluating and mitigating the biophysical social and other relevant effects of development proposals prior to major decisions being taken and commitments made Ensure that decisionmakers have the proper information and incentive to consider environmental impacts before deciding whether to proceed with new projects Some History 39Pioneered by US Laws NHPA 1965 NEPA 1969 39Now an international process Countries UN Policies World Bank 39We will focus on NEPA and Washington s SEPA law NEPA Goals oPromote federal efforts to prevent or eliminate damage to the environment Ensure that federal decision makers take environmental actions into account when making decisions oNEPA process includes full range of activities to evaluate the environmental impacts of a proposed action oNEPA is a procedural statute and does not dictate a decision or require elevation of environmental concerns over other pertinent considerations NEPA Documents 39Categorical Exclusion CE 39Environmental Assessment EA 39Finding of No Significant Impact FONSI 39Notice of Intent NOI 39Environmental Impact Statement EIS Dra Final 39Record of Decision ROD Requirements for an EIS some are also in EA Short concise streamlined integrated with other documents Rely on existing information where possible incorporation and adoption Clearly and concisely discuss environmental issues Consider reasonable range of alternatives including no impact Consider cumulative impacts Direct and indirect effects Tiering Establishing Environmental Standards Why Study Standards Key numerical measure or practice that says we have a clean environment Protect public health environment Tool against which success of environmental programs are measured Impact whether and how facilities and land areas are regulated Periodic revisions force regulations to stay current with new information science technology Types of Standards 39Technology Based Action Driven 39Concentration BasedRisk Driven 39Location Based Technology Based 39Best Practicable Control Technology existing water sources 39New Source Performance Standards Air Water 39Best Achievable Control Technology Air 39Land Disposal Restrictions RCRA Concentration Based Standards Drinking Water MaXimum Contaminant Level Goal MCLG MaXimum Contaminant Level MCL National Drinking Water Standard Air National Ambient Air Quality Standards Clean Water Act Water Quality Criteria Water Quality Standards Use Dependent Drinking Water Standards 39PollutantsContaminants Regulated Microorganisms Disinfectants amp Disinfectant Byproducts Inorganic Chemicals Organic Chemicals Radionuclides 39Lists available at http www epa gov safewater contaminants indeXhtm1 Total DW Standards Enacted Considerations for Drinking Water Standards 39Health effects 39Occurrence and exposure 39Treatment technology 39Monitoring methods 39Economic impacts on water systems 39Costbenefit DW Standards and Sensitive Populations 39Children infants Higher exposures greater intake per body weight Critical neurological developments Lower detoxi cation efficiency 39Pregnant and lactating women Critical development of the fetusinfant Exposure to infants Reproductive impacts Sensitive Populations con t Genetic predispositions Less ability to detoxify chemicals Diseases involving liver kidney etc More difficult to detoxify excrete Organs at higher risk of damage Poor nutritional status Less ability to detoxify chemicals Elderly poor health nutritional status damaged organ systems Step 1 Set MCLGs Next Setting the MCL and DW Standard Primary Considerations for DW Standards 39Best available treatment technologies 39Economically and technologically feasible to analyze Practical quantitation limit PQL 39Cost for large systems Arsenic 39Known carcinogen MCLG 0 39Treatment feasibility Proposed Analytical capability MCL3 ugl 39Costbenefit analysis MCL10 ugl Comparing MCLGs and MCLs MCL MCLG 45 contaminants MCL gt MCLG 40 contaminants MCLG0 for 37 of these w 39Clean Air Act established two types Primary standards protect public health including quotsensitivequot populations Secondary standards set limits to protect public welfare decreased visibility damage to animals crops vegetation and buildings At Risk Populations People with heart or lung disease Conditions make them vulnerable Older adults Greater prevalence of heart and lung disease Children More likely to be active Breathe more air per lb Bodies still developing Example Health Effects PM 25 39Respiratory system effects Chronic bronchitis Asthma attacks Respiratory symptoms cough wheezing etc Decreased lung function Airway in ammation 39Cardiovascular system effects Heart attacks Cardiac arrhythmias Changes in heart rate and heart rate variability Blood component changes Air Quality Trends 39Puget Sound 39National Water Quality Standards 39Categories of Chemical Covered Conventional Pollutants Nonconventional Pollutants Priority Pollutants Toxicity 39Water g Quality Criteria Aquatic Human Health Criteria Biological Criteria Sediment Criteria 39Water 3 Quality Standards Use Dependent Vary by State WA Bene cial Uses 39Fish and shell sh rearing 39Spawning and harvesting 39Swimming 39Boating 39Navigation 39Irrigation 39Wildlife habitat 39Domestic industrial and agricultural water supply Reporting on Water Quality States submit every 2 years 305b water quality inventory report Use support status of assessed waters Causes and sources contributing to impairments 303d list of waters needing TMDL Impaired amp threatened waters Impaired by pollutants EPA approvaldisapproval of 303d list See wwwepag0v0w0wtmdl Findings of 2000 State 305b Reports 39Percent of total waters assessed 19 of37 million stream miles 43 of 406 million lake acres 36 of 87400 estuary square miles 39Percentage of assessed waters impaired 39 of assessed stream miles 45 of assessed lake acres 51 of assessed estuarine sq miles for one or more uses See wwwepag0V305 Top Pollutants Nationally Top Sources of Pollution
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