1. Chapter 46 Environmental Protection

2. Environmental Protection
Environmental Protection Agency (EPA)
An administrative agency created by Congress in 1970 to coordinate the implementation and enforcement of the federal environmental protection laws.
The EPA has broad rule-making powers.
The EPA has adjudicative powers.
The EPA can initiate judicial proceedings in court against suspected violators of federal environmental laws.
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3. Environmental Protection (continued)
National Environmental Policy Act (NEPA)
A federal statute enacted in 1969 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.
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4. Environmental Protection (continued)
Environmental Impact Statement (EIS)
The NEPA and rules adopted thereunder require that an environmental impact statement (EIS) must be prepared for all proposed legislation or major federal action that significantly affects the quality of the human environment.
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5. Environmental Protection (continued)
Environmental Impact Statement (continued)
The purpose of the EIS 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.
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6. Clean Air 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.
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7. Clean Air (continued)
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
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8. Stationary Sources of Air Pollution Mobile Sources of Air Pollution
Clean Air (continued)
Stationary Sources of Air Pollution
Mobile Sources of Air Pollution
Nonattainment Areas
Toxic Air Pollutants
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9. Water Pollution River and Harbor Act of 1886
National Discharge Pollutant Discharge Elimination System (NPDES) of 1972
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
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10. Water Pollution (continued)
Pollution of lakes, rivers, oceans, and other bodies of water
Point sources of water pollution
Sources of water pollution such as paper mills, manufacturing plants, electric utility plants, and sewage plants
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11. Water Pollution (continued)
Thermal pollution
Heated water or material discharged into waterways that upsets the ecological balance and decreases the oxygen content
Wetlands
Areas that are inundated or saturated by surface water or ground water that support vegetation typically adapted for life in such conditions
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12. Water Pollution (continued)
Safe Drinking Water Act of 1972, 1986
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.
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13. Water Pollution (continued)
Marine Protection, Research, and Sanctuaries Act of 1972
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.
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14. Water Pollution (continued)
Oil Spills
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.
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15. 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
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16. Insecticide, Fungicide, and Rodenticide Act of 1947 (as amended)
Requires pesticides, herbicides, fungicides, and rodenticides to be registered with the EPA.
The EPA may deny, suspend, or cancel registration.
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17. Toxic Substances Control Act of 1976
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.
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18. Hazardous Waste Hazardous Waste Land Pollution
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
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19. Hazardous Waste (continued)
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.
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20. Landmark Law: Comprehensive Environmental Response, Compensation & Liability Act (1980)
Commonly called “Superfund”
Significantly amended in 1986
Administered by the EPA
Gives the federal government a mandate to deal with hazardous wastes that have been spilled, stored, or abandoned.
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21. Superfund (continued)
The Superfund requires the EPA to:
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
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22. Nuclear Waste Radiation Pollution Nuclear Waste Policy Act of 1982
Emissions from radioactive wastes that can cause injury and death to humans and other life and can cause severe damage to the environment.
Nuclear Waste Policy Act of 1982
A federal statute that says the federal government must select and develop a permanent site for the disposal of nuclear waste.
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23. Nuclear Waste (continued)
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.
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24. Nuclear Waste (continued)
Environmental Protection Agency (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.
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25. Landmark Law: The Endangered Species Act of 1973 (as amended)
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.
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26. Other Federal Laws That Protect Wildlife:
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
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27. Noise Pollution Noise Control Act of 1972
Authorizes the EPA to establish noise standards for products sold in the United States
Quiet Communities Act of 1978
Authorizes the federal government to provide financial and technical assistance to state and local governments in controlling noise pollution.
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28. 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.
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