Regulating Chemicals in the Environment

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Understand the drivers and processes in environmental law development. • Understand a structural summary of how the US Federal legal system works. • Understand a structural summary of how laws, regulations and policies are made. • Understand the fundamentals of administrative law.

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Principles of Environmental Toxicology Learning Objectives • Understand the drivers and processes in environmental law development. • Understand a structural summary of how the US Regulating Chemicals Federal legal system works. in the Environment • Understand a structural summary of how laws, regulations and policies Principles of Environmental Toxicology are made. Instructor: Gregory Möller, Ph.D. • Understand the fundamentals University of Idaho of administrative law. 2 Principles of Environmental Toxicology Principles of Environmental Toxicology Learning Objectives US Law and the Environment • Statutory development paralleled the environmental • List the major US environmental laws. movement. • Explore the key environmental laws interfacing with • Primary origins in the human food chain and issues of concern in environmental toxicology. food/drinking water safety. • Use a case study to understand • “Out of site - out of mind” disposal of wastes no the historical development longer acceptable. of air quality regulation in • “Upstream polluters - downstream California. users” creates fundamental rights issues. • New scientific knowledge and public awareness of impacts on the environment. 3 4 Principles of Environmental Toxicology Principles of Environmental Toxicology US Law and the Environment US Environmental Laws • What drives the creation of environmental law? 25 FQPA • Fundamental rights/freedoms under the constitution. SARA MWPA • Federalism issues. RCRA 20 CERCLA RCRA Number of Laws – State control vs. federal control. FWPCA SDWA CAA • Political power and power shifts. 15 TSCA RCRA • Evolutionary developments FIFRA HMTA SDWA and quantum leaps. 10 FFPCA FWPCA • Development of science and ESA FIFRA CAA societal desires. 5 OSHA NEPA • Status quo dissatisfaction. FHSA FHSA FIFRA 0 1940 1950 1960 1970 1980 1990 2000 Year 5 6 1
Principles of Environmental Toxicology Principles of Environmental Toxicology Legal System Fundamentals Legal System Fundamentals • The basis of environmental law creation, Constitution administration and compliance. Legislative Executive Judicial House Senate President Supreme Court Conference Administrative Court of Committee Agencies Appeals EPA Federal District Court OPPTS (OPP) Hiller 7 8 Principles of Environmental Toxicology Principles of Environmental Toxicology Law and Regulation Judicial Branch Executive Branch Legislative Branch Federal Courts State Courts Administrative Agency Congress Supreme Court Supreme Court Rules and Laws Court of Appeals Court of Appeals Regulations CWA, CERCLA, TSCA, SDWA Federal District State District Regulated (Trial) Court (Trial) Court Community Hiller 10 Hiller 9 Principles of Environmental Toxicology Principles of Environmental Toxicology Introduction to Administrative Law Introduction to Administrative Law Role of Agency Types of Agency Action Rule Making Adjudication Informal Rule Making Formal Adjudication Issuance of Apply regulations Public notice. Trial type procedures. regulations. and standards to Discovery, cross exam, particular cases. full record. Permits. Opportunity to comment. Quasi-Legislative Quasi-Judicial (This is important.) 11 Hiller 12 Hiller 2
Principles of Environmental Toxicology Principles of Environmental Toxicology Introduction to Administrative Law Introduction to Administrative Law Court Review of Agency Action Court Deference to Agency Action • Agency as fact finder and expert. • Informal rule making and adjudication. – Arbitrary and capricious? • Court review of agency authority. • Formal proceeding. – Scope of agency authority. – Substantial evidence? – Procedural compliance. – "Adequate" evidence. In Some Cases Trial de novo. 13 Hiller 14 Hiller Principles of Environmental Toxicology Principles of Environmental Toxicology Common Law vs. Statutory Law Example Conduct Common Law Statutory Law Contamination of Water Leading to Physical Injury / Contamination Derives its authority from Legislative enactments. Common Law Statutory Law judgments and decrees of courts, not legislative Federal rules and state laws; enactments. Rules and regulations of Torts Civil Action Criminal Action federal and State agencies. Torts - Injuries or harms done to people / a private civil Legislatures proscribe wrong or injury. conduct and provide civil Nuisance CWA, CERCLA, CWA, CERCLA, and criminal remedies. Negligence- Negligence- SDWA, CAA SDWA, CAA Court provides a remedy: Strict liability Restore property Fines damages. Medical bills Civil penalties Imprisonment Punitive damages 15 Hiller 16 Hiller Principles of Environmental Toxicology Principles of Environmental Toxicology Environmental Performance Standards Major US Environmental Laws • The Clean Air Act (CAA) Ambient Standards Technology Standards – 42 U.S.C. s/s 7401 et seq. (1970) • The Clean Water Act (CWA) • Specifies minimum • Define acceptable – 33 U.S.C. s/s 121 et seq. (1977) conditions. levels of discharge. • CERCLA, Superfund • Impose quality • Emission/effluent – 42 U.S.C. s/s 9601 et seq. (1980) requirement on limitation. • The Emergency Planning & receiving air/water. Community Right-To-Know Act • “Harm”-based. (EPCRA) – 42 U.S.C. 11011 et seq. (1986) • The Endangered Species Act (ESA) – 7 U.S.C. 136; 16 U.S.C. 460 et seq. (1973) 17 18 EPA 3
Principles of Environmental Toxicology Principles of Environmental Toxicology Major US Environmental Laws Major US Environmental Laws • The Pollution Prevention Act • The Fed. Insecticide, Fungicide and Rodenticide Act – 42 U.S.C. 13101 and 13102, s/s et seq. (1990) (FIFRA) • The Resource Conservation and Recovery Act (RCRA) – 7 U.S.C. s/s 135 et seq. (1972) – 42 U.S.C. s/s 6901 et seq. (1976) • The Freedom of Information Act (FIA) • The Safe Drinking Water Act (SDWA) – U.S.C. s/s 552 (1966) – 42 U.S.C. s/s 300f et seq. (1974) • The National Environmental Policy Act (NEPA) • The Superfund Amendments – 42 U.S.C. s/s 4321 et seq. (1969) and Reauthorization Act (SARA) • The Occupational Safety and – 42 U.S.C. 9601 et seq. (1986) Health Act (OSHA) • The Toxic Substances Control Act – 29 U.S.C. 651 et seq. (1970) (TSCA) • The Oil Pollution Act of 1990 – 15 U.S.C. s/s 2601 et seq. (1976) 19 EPA 33 U.S.C. 2702 to 2761 – 20 EPA Principles of Environmental Toxicology Principles of Environmental Toxicology NEPA - EIS National Environmental Policy Act • Purpose: To ensure that all federally administered or • NEPA - Environmental Impact Statement, EIS assisted programs are conducted so as to take the • All proposed legislation, major federal actions environmental impact of their activity into significantly affecting the environment must have consideration accompanying EIS • Scope: Includes federal – The environmental impact statement: activity as well as private • Any adverse environmental effects which cannot be activity requiring federal avoided. licensing. • Alternatives to the proposed action. • The relationship between the local, short term use of man's environment and the maintenance and enhancement of long term productivity. • Irreversible and irretrievable commitment of resources. 21 22 Principles of Environmental Toxicology Principles of Environmental Toxicology Clean Water Act (CWA) CWA • Originally the FWPCA, 1972. • CWA - maintaining and restoring the nation’s waters. • Amended in ''77 (CWA) & '87. • Key issues: • Goal: "fish-able and swim-able waters" by 1983. – Controlling toxic discharges. • Elimination of discharge of – Wetland regulation. pollution into navigable – Non-point sources. waters by 1985. – Restoring “low-flow” streams. • NPDES permit program. 23 24 4
Principles of Environmental Toxicology Principles of Environmental Toxicology Safe Drinking Water Act (SDWA) CWA • Ambient water quality standards. • Primary standards for health protection. • National, technology based effluent limitations for – MCLs, maximum contaminant levels. major point sources. • Secondary state regulations for aesthetics – Deadlines for compliance. • Controls underground injection of contaminants. • Provisions for citizen suits. • Primacy can be delegated • Policy for non-point and gw pollution. to states. • Municipal waste treatment grants. • Point Sources. • BPT, BCT, BAT. – Practical, conventional, available. 25 26 Principles of Environmental Toxicology Principles of Environmental Toxicology Toxic Substances Control Act FIFRA • TSCA 1976, Covers toxic substances not • Federal Insecticide, Fungicide, and Rodenticide Act- covered by CAA, CWA, FIFRA. FIFRA. • Health and environmental data requirement for – 1996 Food Quality Protection Act. chemicals and mixtures. • Pesticides - economic poisons. – To be produced by manufacturers • Requires registration of uses. • Authority to regulate chemicals • Details testing and risk with unreasonable risk (PCBs). assessment procedures. – Sensitivity to the creation of unnecessary economic barriers • EPA can impose restrictions on use, manufacturing, labels. 27 28 Principles of Environmental Toxicology Principles of Environmental Toxicology Resource Conservation and Recovery Act RCRA - Hazardous Waste • RCRA - managing and disposing of “new” • Solid; Hazardous. solid and hazardous waste. – Listed. – 1976 amendments to Solid Waste Disposal Act as amended by Hazardous and Solid Waste Amd. 1984 • F - non specific sources. (HSWA). Includes: HW, municipal, hospital, UST. • K - specific sources. • Key issues: • P & U - commercial products. – The “land ban”. – Characteristic. – Incineration/combustion disposal. – Waste minimization. • C – Corrosive D002 – Prevent hazardous waste sites. • R – Reactive D003 – If a HW generator - • I – Ignitable D001 cannot avoid liability. • T – Toxic (leachate) D004-043 – “Cradle to grave” tracking. – Mixture • Listed + other = listed. 29 30 – Derived from. 5
Principles of Environmental Toxicology Principles of Environmental Toxicology RCRA CERCLA • Exclusions: • The Comprehensive Environmental Response, – Household waste. Compensation, and Liability Act - cleaning up – Agricultural waste of fertilizer. hazardous waste sites. – Recycled materials. • Key issues – Point sources regulated under CWA. – Costs, delays, – Small quantity generators. “Superfund site” stigma. – 100-1000 kg/mo,
Principles of Environmental Toxicology Principles of Environmental Toxicology CERCLA - Scope CERCLA - Scope • Since FY 1992, responsible parties continue to • 44,000 sites assessed; 11,000 active or on the NPL. perform over 70% of new remedial work at NPL • There are 1560 proposed final or deleted NPL sites. sites (FY 1999). • 7,409 removal actions at 5,262 sites. – Settlements reached with private parties with an estimated value of over $16 billion (FY 1999). – 430 de minimis settlements with more than 21,000 small waste contributors (FY 1999). • EPA, States, Tribes have assessed over 44,000 sites. 37 38 Principles of Environmental Toxicology Principles of Environmental Toxicology Hazardous Waste Regulation Classification • Comparison of CERCLA Substances to • RCRA • CERCLA RCRA Wastes. (Superfund) – New waste generated. – Focuses on remedying past- – Regulates: frequently • Generators. “abandoned” waste CERCLA Hazardous • Ultimate sites. Substances treatment, storage – Seeks to impose and disposal liability on past (TSD) sites. generators and RCRA • Transporters. disposers. Hazardous Wastes 39 40 Principles of Environmental Toxicology Principles of Environmental Toxicology Clean Air Act (CAA) CAA • Air Quality Act 1967, CAA-'70, '73, '77, '82,'90. • CAA - maintaining and restoring the nation’s air resources. • Prevention and control of air pollution is a primary responsibility of state and local government. • Key issues: – Federal $$ assistance and – Noncompliance of most leadership. metropolitan areas. – Air toxics. • Creates a list of air pollutants – Costs and market incentives. and national ambient air quality standards. 41 42 7
Principles of Environmental Toxicology Principles of Environmental Toxicology CAA Case Study: CA Air Quality • History of air pollution. • Primary/secondary standards for CO2, SO2, NOx, O3, (HC), Particulates and Pb. • Air pollution events: human cost and concern. • Legislative response. • Requires a State Implementation Plan (SIP). • Ozone link established. – Vehicles, stacks, non-attainment. • Regulatory events. • Vehicle emission standards. • Changing culture and • 90% reduction of attitudes. emissions, 2003. • Current costs/effects. • Elimination of O3 depleting • Ambient air quality chemicals, 2000. standards. 43 44 Principles of Environmental Toxicology Principles of Environmental Toxicology Air Pollution/Control is Not New Historical Air Pollution Events • Natural (non-human). CARB • 1930 - Meuse Valley, Belgium. – Volcanoes, lightning made fires. – 60 Dead and thousands sick. – Emissions from vegetation and animals. • 1943 - Los Angeles, CA. • Non-Natural (human). – Visibility 3 Blocks. Numerous complaints – Fires used for cooking, heating watery eyes, nausea, & respiratory discomfort. and agriculture. • 1948 - Donora, PA. – Fuel switch to Coal (19th Century). – 20 People & 1,000's animals – Industrial emissions. dead, 6,000 ill. – Motor vehicles. • 1930 - London, England. • First Control – Killer Fog: 4,000 dead. – England's Edward the First - 1273. – Smoke nuisance - 19th Century. 45 – Smoke Control Ordinances - 1881. 46 CARB Principles of Environmental Toxicology Principles of Environmental Toxicology Los Angeles 1943 Historical Event Historical Air Pollution Events • 1943 - Visibility 3 blocks. CARB – Numerous complaints of vomiting, watery eyes, nausea, & respiratory discomfort. • Cause: Butadiene Plant? – No, problem continued when shut-down. 47CARB 48 8
Principles of Environmental Toxicology Principles of Environmental Toxicology CA. Gov. Signs Air Pollution Law Arie Haagen-Smit Discovers Ozone • 1952: Major component of "smog" is ozone created by interaction of nitrogen oxides (combustion, cars, CARB CARB heaters, etc.) and hydrocarbons (evaporation from gasoline, solvents, drying of products such as paints, consumer products). – These two pollutants in the presence of sunlight (ultraviolet radiation) produce ground-level ozone. 49 50 Principles of Environmental Toxicology Principles of Environmental Toxicology Significant Legislative Events Significant Legislative Events • 1947: CA Air Pollution Control Act signed by CARB Gov. E. Warren. • 1959: Legislation established the ability for CA to develop ambient air standards and controls for motor vehicles. • 1961: Auto emission control requirements. • 1963: First Federal Clean Air Act. • 1967: Gov. R. Reagan establishes Air Resources Board to coordinate CA air pollution activities. • 1969: First CA Ambient Air Quality Standards. 51 52 CARB Principles of Environmental Toxicology Principles of Environmental Toxicology Population/Growth Overwhelm Controls Federal/CA Clean Air Act • During the 50’s - 60’s CARB controls focused on obvious sources. – Backyard burning, incinerators, burning at dumps, factory emissions, auto technology. • US electric trolleys replaced by buses. • Interstate highways. 54CARB 53 9
Principles of Environmental Toxicology Principles of Environmental Toxicology Federal/CA Clean Air Act Current Cost/Effects: CA • Health ($90M/yr): • The 70's and 80's environmental activism promotes CARB – Air pollution affects children, elderly, and all, including legislation. adults, who exercise. • 1970: Federal Clean Air Act. – Asthma, bronchitis, permanent lung damage: 10% lung • 1977: Federal Clean Air Act revision. loss in LA children by age 18 (morbidity autopsies); headaches, nausea, anemia, brain damage, reduced • 1987: California Clean Air Act. immunity, cancer, reproduction problems, birth defects, • 1990: Federal Clean Air Act. premature death. • Agriculture ($700M/yr): – CA crop damage documented as early as 1948. • Commercial loss ($?): – Ozone as an oxidizer. 55 56 CARB Principles of Environmental Toxicology Ambient Air Quality Standards • Maximum acceptable average concentrations of an air pollutant during a specified period of time measured in parts per million (ppm). • Ozone standards. – Fed: 0.08 ppm/8hr std; CA: 0.09 ppm/1hr std. • Bad air day alerts; Smog Alerts (1 hr): – Health Advisory > 0.15 ppm. – Stage 1 > 0.20 ppm. – Stage 2 > 0.40 ppm. – Stage 3 > 0.50 ppm. 57 CARB 10