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83 Cards in this Set
- Front
- Back
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3 types of regulatory agencies
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Federal, State, Municipal
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Purpose of APA
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Administrative Procedures Act's purpose was to prevent the exercise of agency peremptory power through required procedures and judicial control of the agency process
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Agency Power in Adjudications and Rulemaking
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Formal - Adjudication or rulemaking through a full trial process
Informal - Less formal procedures of adjudication and rulemaking without full trial process Hybrid - Part trial-type process part informal procedure (less often used) |
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What are Adjudications?
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The process of making operative agency decisions by applying legal standards set out in statutes or in regulations to teh facts of particular cases.
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Citizen Suit Provisions
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If any agency was lax on enforcing the statutes, a citizen could sue the violator or the administrator when harm is done to the environment
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Standard of Review in Judicial Review of Agency Actions
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3 steps: (1) Did the agency act within the scope of its authority?
(2) was the agency's decision based on relevant factors or whetehr there was a clear error of judgment? (3) Did the agency folllow proper APA procedural requirements? |
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When is Judicial Review of Agency decision Proprer?
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If congress did not prohibit such review and the agency action was not one "committed to agency discretion"
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What is the CEQ?
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Council on Environmental Quality, established by NEPA
Gives general advice on environmental issues Prepares regulations for federal agencies to implement NEPA |
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What is NEPA's most significant effect?
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setting up procedural requirements for all federal gov't agencies to prepare Environmental Assessments (EAs) and Environmental Impact Statements (EISs).
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What is the EIS
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Environmental Impact Statement
Must be prepared by any agency whose "major federal action is signifcantly affecting the quality of the human environment." |
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What must the EIS include?
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detailed statement by the responsible official on:
environmental impact of proposed action Any adverse environmental effects which cannot be avoided should the proposal be implemented Alternatives to the proposed action relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. |
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What is an EA?
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Environmental Assessment - gov't document for which the federal agency is responsible that serves to
(1) Briefly provide sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact (2) Aid an agency's complicance with the Act when no environmental impact statement is necessary. (3) Facilitate preparation of a statement when one is necessary |
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What is a FONSI?
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Finding of No significant impact - based upon and stated in an EA
Reasons why an EIS are not necessary because the action will not have an effect on human environment |
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What is the CAA
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Clean Air Act of 1970
establishes measures to control outdoor air pollution throughout the nation |
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What are the Sources under CAA
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Stationary Sources: Factories, Power plants, or any structure or facility that emits a significant amount of pollutants into the air.
Mobile Sources: includes automobiles, bueses, trucks, trains & airplanes Indirect Sources: Any facility, building, structure, installation, real property, road, or highway which attracts, or may attract, mobile sources of pollution. (not stationary sources) |
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What court has jurisdiction under CAA
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DC Circuit has exclusive jurisdiction
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What are the NAAQS
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National Ambient Air Quality Standards
EPA sets the federeral gov't guideliens: Sets level for ambient air quality to an adequate margin of safety States decide how the sources ought to be controlled in order to meet the NAAQS |
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What is the Ambient Air Quality Standard
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Maintains the quality of the outdoor air throughout the nation (air we breathe).
Expressed as a (1) maximum concentration of criteria pollutants in air over a sampling period of 1-24 hours |
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What are the regulated/criteria pollutants under the NAAQS?
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Criteria Pollutants
(1) Sulfur Dioxide (2) Nitrogen Dioxide (3) Particulate Matter (PM) (4) Carbon Monoxide (CO) (5) Lead EPA is opligated to list a pollutant once such pollutant had been determined to have an adverse effect on public health and welfare. (NRDC v. Train) Standard for each pollutant cannot be exceeded more than once per year |
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NAAQS: Primary/Secondary Standards
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Primary Standards: for each pollutant, EPA sets a "primary standard' -- a concentration level "requiste to protect the public health" with an adequate margin of safety"
Secondary Standard: Level "requisite to protect the public welfare" intended to protect the public welfare from any known or anticipated effects of the criteria pollutant |
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NAAQS: Non-Threshold Pollutants
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Pollutants that have some possibility of some adverse health impact (however slight) at any exposure level above zero)
-considers severity of effect, certainty of effect and size of population affected when setting standard |
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What is a SIP?
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State implementation plan in regard to the standards set by the EPA in the NAAQS
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how to develop an acceptable SIP
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(1) determine existing levels of the pollutants in each Air Quality Control Region within state's boundaries
(2) provide for emissions limits, monitoring and enforcemnet programs, compliance timetables, etc. Essentially creates plan on how to attain national standards. If EPA approves, the SIP becomes federally enforceable |
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SIP revision/approval
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EPA may call for revision if an existing plan is "substantially inadequate to attain ro maintain the relevant NAAQS, to mitigate interstate transport of pollution, or otherwise comply with the act."
Approval cannot be conditioned upon state's adoption of a particular control measure. - Virginia v. EPA |
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SIP & Stationary Sources
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Sip puts forth how the plant may operate in regard to emitting pollution. includes transportation, vehicle inspection and maintenance, mandatory installation of hoods or vapor recovery systems at gas stations, ozone action alerts, etc.
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What is a FIP
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Federal Implementation Plan
EPA must impose a FIP on areas of the state in non-attainment if the state fails to implement an adequate state plan within 24 months of EPA's finding that state's proposed plan is deficient Fed gov't may withhold federal funds until FIP is followed by State |
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What is a NSPS?
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New Source Point Standards - Standards of control for any new source to comply with:
BAT - Best Available technology - system requires best technology emissions requirements [machines themselves are efficient?] BACT - Best Available Control Technology - [use of machines that control the emissions release, i.e. less efficient machines but better monitoring] MACT - Maximum Achievable Control Technology |
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What is NESHAP?
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National Emission Standards for Hazardous Air Pollutants
federal emission limitations established for less widely emitted, but dangerous, hazardous, or toxic air pollutants that are not covered by NAAQS (six criteria pollutants) -establishes Ample margin of safety - regulate pollutants that "may cause...an increase in mortality, [or serious illness] |
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NAAQS: What constitutes a Major Source
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10 tons/year/individual; 25 tons/year/aggregate
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1977 Amendments to CAA: AQR
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Air Quality Region
Area within a state, or within an interstate region that serves as a basin, in which air quality is monitored and controlled (think watersheds but airborne) |
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AQR: Attainment vs. Non-attainment area:
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Nonattainment Area: areas taht do not meet the ambient air standards. Additional conditions are imposed on many polluting activities in an attempt to move towards compliance.
Attainment area if AQR meets Ambient Air Standard. |
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1977 Amendments to CAA: Existing Sources RACT
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Reasonably Available Control Technology.
Defined by states in SIP. applies to existing sources (only one). meant for control technology standards for major sources in nonattainment areas |
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1977 Amendments to CAA: PSD
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Prevention of Significant Deterioration in an attainment area.
Prevents air quality in attainment regions from dropping to Non-attainment PSD Permit Requirements: (1) Source must meet BACT, (2) source must maintain the maximum and meet the max allowable increases. |
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1977 Amendments to CAA: NSR
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Non-attainment Area New Source Review
Preconstruction permitting process for major sources, Geographically coincides with New Source Point Standards (NSPS) |
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NSR Modified Source
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Source that has any physical change or process change that increases the emission of a criterai pollutant by more than a de minims amount
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NSR Offsets
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Ratio determining the duty for a source to remove/reduce emission.
Can be 100%, 200%, etc. removal acheivable by purchasing emissions credits offsets from other companies. |
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NSR LAER
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New Source Review: Lowest Achievable Emission Rate
most stringent emission limitation New/modified majority pollution sources must utilize pollution control technology that would ensure achievement of the lowest available emission rate. |
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Why was the CWA enacted
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regulate poitn source discharge of pollutants by imposing technology based on water quality standards (WQS)
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What water sources are not regulated under CWA
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Ground water, Non-point Sources
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CWA Standard
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Best water pollution control technology that has been found to be both available and economically achieveable.
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BAT CWA
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Best Available technology that will not bankrupt the company to eleimate toxic pollutants discharge
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BCT CWA
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applied only to conventional pollutants - BCT compares the costs of reducing the discharges and industrial costs
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What does the TBEL depend on
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Technology Based Effluent Limitation - CWA -
(1) The industrial category that they are placed in (2) Types of pollutants discharged (3) Whether it is an existing or new source |
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Discharge of Pollutant/ point source/ naviagable water
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Discharge of a Pollutant
(a) Any addition of any pollutant to navigable waters from any point sources (b) Any addition of any pollutant to waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft. |
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Navigable Waters (CWA)
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Waters of the US including the territorial seas
(Scalia Test) Continuously flowing bodies of water or standing body of water, and if it is wetlands, there has to be an absolute surface connection (Kennedy Test) Significant Nexus: If Wetlands could affect the physical integrity of nearby surface waters, that is enough |
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What is the purpose of RCRA
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Resource Conservation and Recovery Act. - EPA is granted authority to regulate solid and hazardous wastes, including handling, trasnportation, stoerage and disposal of hazardous waste
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What is a solid waste?
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garbage, refuse, sludge from waste treatment plant, water supply plant, or air pollution plant AND OTHER DISCARDED material including solid, liquid, semisolid, or contaiined gaseous material resulting from industrial, commercial, mining, and agricultural operations and community activity.
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"other discarded material" under RCRA
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Abandoned - no intent to put it to further beneficial use; four types of abandonment (burning; disposal; accumulating, storing, or treating it in lieu of its orginial use; otherwise applied to land in lieu of its original use
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What are the four hazardous characteristics for hazardous waste?
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Ignitability; corrosivity; toxicity; reactivity
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Hazardous Waste Summarized
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Hazardous when:
(1) waste exhibits a hazardous characteristic (2) waste meets the description of a listed waster (3) waste is mixed wtih a listed waste; or (4) waste is derived from the storage, treatment, or disposal of hazardous waste. |
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RCRA vs CERCLA
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Both are statutes that govern Hazardous waste
RCRA regulates the management of H/W CERCLA regulates the disposal of H/W CERCLA defintion of H/W is more comprehensive and broad and includes the RCRA defintion of H/W |
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What does CERCLA deal with
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Comprehensive Environmental Response, Compenstation, and Liability Act. Deals with cleaning up of abandoned or unused hazardous waste disposal sites.
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CERCLA provisions and target
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has liability provisions that reach backward and are directed at spills or dumping of hazardous substances,
EPA is authorized to spend the Superfund in order to protect on a long term solution and decontamination. |
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Who is liable under CERCLA
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owner/operators
Past owners/operators (including retroactivity) Person who arranged for disposal persons who transport |
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CERCLA hazardous substances
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Contains all other act's defintions: H/W under RCRA, toxic water pollutants under CWA, hazardous air pollutants under CAA.
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CERCLA response requirement
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action will fall under Superfund if:
it is a hazardous substance there is a release there is a response cost |
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Defenses to CERCLA
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Act of God
Act of War acts or omissions of a third party other than an employee or agent of D or one whose act or omissions occurs in connection with a contractual relationship with D |
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Innocent Purchaser Defense to CERCLA
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Assertable if:
(1) they did not have actual or constructive knowledge of the presence of hazardous substances at the time the land was acquired (2) they are a government entity acquiring teh property through involuntary transfer or they acquired teh land by inheritance or bequest |
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CAA: When is a preconstruction permit required
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When a major stationary source is constructed or modified in a nonattainment area
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CAA: Major stationary Source
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if it emits or may potentially emit 100 tons per year of any pollutant
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CAA: New or modified sources in a nonattainment area must use ------- and --------
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Must use Lowest acheivable emission rate (stringent standard) and meet the offset requirement for nonattainment pollutants
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RCRA does not apply to
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Sewage treatment, Anything subject to CWA, and materials to be recycled, reclaimed, or are still useful.
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BAT and BCT (CWA)
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Best Conventiontal Technology is implemented to regulate point sources emitting conventional pollutants
Best Available Technology is applied to nonconventional pollutant point sources. More stringent than others because best technology period. |
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Cradle-to-grave
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RCRA & CERCLA - manages waste mterials from the generation to the disposal and everything in between
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TSDFs (RCRA_
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Treatment, storage, and disposal facility. - only place where hazardous wastes may be disposed. Requires a federal permit to operate.
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ESA purpose
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Requires Secretary of Interior to take action to avoid jeopardizing the continued existence of a species.
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Threatened Species
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is likely to become endaged in the foreseeable future.
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Endangered Species Factors.
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degree of habitat destruction;
overutilization for commercial or other purposes disease or predation failure of existing regulatory mechanisms to protect any other factors affecting its continued existence |
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Define:
- EA - FONSI - EIS |
EA = environmental assessment
FONSI = finding of no significant impact EIS = environmental impact statement |
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considerations found in an EIS are:
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1. unavoidable adverse impacts
2. potential alternatives 3. weighing of short-term impact versus long-term gain 4. irreversible use of environmental resources |
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What does the Clean Air Act (1970) do?
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controls air pollution by:
- implementing point-source control of pollution - establishing max pollutant levels |
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What is the RCRA and what does it do?
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Resource Conservation and Recovery Act
- regulates permits for creating, managing, and destroying solid and hazardous waste |
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What is a main goal of the Clean Water Act?
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issue and regulate permits for anyone who discharges pollutants into any US waters
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Who regulates provisions of the Clean Air Act, Clean Water Act, RCRA, and CERCLA ??
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EPA
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what is CERCLA?
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CERCLA = Comprehensive Environmental Response, Compensation, and Liability Act
- regulates environmental pollution and cleanup -Comprehensive Environmental Response, Compensation, and Liability Act -1980 -provides a Federal "Superfund" to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment -the EPA was given power to seek out those parties responsible for any release and assure their cooperation in the cleanup -SARA reauthorized CERCLA |
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What is PSD?
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Prevention of significant deterioration under CAA. Applies to attainment areas. Formed in Sierra Club v. Ruckelshaus. Prevents clean air from becoming dirty and getting emission right to the limit.
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BAT is health or tech based?
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Health based and do not need to do a cost-benefit analysis.
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"pollutant" under CWA
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The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
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CWA
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-Clean Water Act
-1972 -establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters -made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained |
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CAA
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-Clean Air Act
-1970 -regulates air emissions from stationary and mobile sources -authorizes EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air pollutants |
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NEPA
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-National Environmental Policy Act
-1969 -one of the first laws ever written that establishes the broad national framework for protecting our environment -assure that all branches of government give proper consideration to the environment prior to undertaking any major federal action that significantly affects the environment |
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RCRA
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-Resource Conservation and Recovery Act
-1976 - gives EPA the authority to control hazardous waste from the "cradle-to-grave" (includes the generation, transportation, treatment, storage, and disposal of hazardous waste) -set forth a framework for the management of non-hazardous solid wastes |
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RCRA statue C Discarded material:
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Abandoned: DBA disposed, burned, accumulated in lieu of (1) or (2)
Recycled: DBR disposed, burned, reclaimed Inherently waste-like |
