Environmental Protection

Environmental Protection Agency

An administrative agency created by Congress to coordinate the implementation and enforcement of the federal environmental protection laws.
Broad rule-making powers Adjudicative powers

The EPA can initiate judicial proceedings in court against suspected violators of federal environmental laws.

National Environmental Policy Act

Federal statute that mandates that the federal government consider the adverse impact a federal government action would have on the environment before the action is implemented.
Created the Council on Environmental Quality. Does not apply to action by state or local governments or private parties.

Environmental Impact Statement

An environmental impact statement (EIS) must be prepared for all federal action that significantly affects the quality of the human environment. The purpose is to provide enough information about the environment to enable the federal government to determine the feasibility of the project.
The EIS is also used as evidence in court whenever a federal action is challenged as violating the NEPA or other federal protection laws.

Environmental Impact Statement

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EIS must:
Describe affected environment. Describe impact on environment. Identify and discuss alternatives. List resources to be committed. Contain cost-benefit analysis

Subject to public review and comments. EPA decisions are appealable to appropriate U.S. court of appeals.

Air Pollution
Clean Air Act (as amended)

A federal statute enacted in 1963 to assist states in dealing with air problems. The Clean Air Act, as amended (1970, 1977, 1990), provides comprehensive regulation of air quality in the United States.

Pollution Sources
Stationary Sources of Air Pollution Mobile Sources of Air Pollution

Toxic Air Pollutants

Nonattainment Areas

Sources of Air Pollution

Stationary sources
States must be identified Plans must be developed to reduce pollution

Mobile sources
Emission standards set EPA regulates pollution caused by fuel and fuel additives

National Ambient Air Quality Standards

The Clean Air Act directs the EPA to establish national ambient air quality standards (NAAQS) for certain pollutants. Standards are set at two levels:

Primary to protect human beings Secondary to protect vegetation, matter, climate, visibility, and economic values
States responsible for enforcement

Nonattainment Areas
Regions that do not meet air quality standards.
Five categories, ranging from marginal to extreme.

States must submit compliance plans.

Failure to develop and implement approved plan will cause loss of highway funds and limitations on new sources of emissions.

Water Pollution
Comprehensive scheme of statutes and regulations to prevent and control water pollution. Federal Water Pollution Control Act (FWPCA) of 1948 (as amended):

Clean Water Act of 1972 Clean Water Act of 1977 Clean Water Quality Act of 1987

Point Sources of Water Pollution

Sources of water pollution such as paper mills, manufacturing plants, electric utility plants, and sewage plants. Dischargers must keep records, maintain monitoring equipment, and keep samples of discharge.

Thermal Pollution
Heated water or material discharged into waterways that upsets the ecological balance and decreases the oxygen content Sources subject to Clean Water Act

Wetlands
Areas that are inundated or saturated by surface water or ground water that support vegetation typically adapted for life in such conditions Clean Water Act forbids filling or dredging of wetlands without permit from Army Corps of Engineers.

Safe Drinking Water Act

Authorizes the EPA to establish national primary drinking water standards. Prohibits the dumping of wastes into wells used for drinking water. The states are primarily responsible for enforcing the act.

Ocean Protection
Marine Protection, Research, and Sanctuaries Act
Extended environmental protection to the oceans. Requires a permit for dumping wastes and other foreign materials into ocean waters. Establishes marine sanctuaries in ocean waters and in the Great Lakes and their connecting waters.

Oil Spills
Oil Pollution Act of 1990 requires oil industry to adopt procedures and contingency plans. The Clean Water Act authorizes the U.S. government to clean up oil spills and spills of other hazardous substances in ocean waters.
The government can recover cleanup costs from responsible parties.

Toxic Substances
Chemicals used for agricultural, industrial, and mining uses that cause injury to humans, birds, animals, fish, and vegetation. Key federal laws:

Insecticide, Fungicide, and Rodenticide Act of 1947 (as amended in 1972) Toxic Substances Control Act of 1976

Hazardous Waste
Hazardous Waste

Solid waste that may cause or significantly contribute to an increase in mortality or serious illness or pose a hazard to human health or the environment if improperly managed
Land Pollution

Pollution of the land that is generally caused by hazardous waste being disposed of in an improper manner

Toxic Substances Control Act

Requires manufacturers and processors to test new chemicals to determine their effect on human health and the environment before the EPA will allow them to be marketed. EPA establishes standards. Requires stationary sources to control emissions. EPA can limit or prohibit manufacture and sale, or remove it from commerce.

Insecticides, Fungicides, and Rodenticides

Requires pesticides, herbicides, fungicides, and rodenticides to be registered with the EPA. The EPA may deny, suspend, or cancel registration.

Land Pollution
Resource Conservation and Recovery Act (RCRA) of 1976

Federal statute that authorizes the EPA to regulate facilities that generate, treat, store, transport, and dispose of hazardous wastes. States have primary responsibility for implementing the standards established by the act and EPA regulations.

Superfund
Comprehensive Environmental Response, Compensation & Liability Act Administered by the EPA Gives the federal government a mandate to deal with hazardous wastes that have been spilled, stored, or abandoned.

Superfund
The Superfund requires the EPA to:

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Identify sites in the U.S. where hazardous wastes have been disposed, stored, abandoned, or spilled, and Rank these sites regarding the severity of risk The hazardous waste sites with the highest ranking are put on a National Priority List The law provides for the creation of a fund to finance the cleanup of hazardous waste sites Can order polluter or landowner to pay for cleanup

Radiation Pollution
Emissions from radioactive wastes that can cause injury and death to humans and other life and can cause severe damage to the environment.

Nuclear Regulatory Commission

Licenses the construction and opening of commercial nuclear power plants. Continually monitors the operation of nuclear power plants and may close a plant if safety violations are found.

EPA
Empowered to set standards for radioactivity in the environment and to regulate the disposal of radioactive waste. Regulates thermal pollution from nuclear power plants. Regulates emissions from uranium mines and mills.

Endangered Species
Endangered Species Act
Federal statute that protects endangered and threatened species of animals. The Secretary of the Interior is empowered to declare a form of wildlife endangered or threatened. The act requires the EPA and the Department of Commerce to designate critical habitats for each endangered and threatened species. The act prohibits the taking of any endangered species.

Federal Wildlife Laws

Migratory Bird Treaty Act Bald Eagle Protection Act Wild Free-Roaming Horses and Burros Act Marine Mammal Protection Act Migratory Bird Conservation Act Fishery Conservation and Management Act Fish and Wildlife Coordination Act National Wildlife Refuge System

State Environmental Protection Laws

Many state and local governments have enacted statutes and ordinances to protect the environment. States are entitled to set pollution standards that are stricter than federal requirements.