Federal Environmental Policy: A Summary Overview

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Federal Environmental PolicyA Summary Overview

• Roy R. Carriker, Ph.D.
• Professor of Food and Resource Economics
• University of Florida

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National Environmental Policy Act (NEPA)--1970

• January 1, 1970 signed into law by President
  Richard M. Nixon.
• Purpose to require Federal agencies to consider
  environmental impacts.
• Requires an Environmental Impact Statement (EIS)
  for all proposed Federal actions that might
  effect quality of the environment.

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NEPA (continued)

• Environmental Impact Statement must identify
• Adverse environmental impacts that cannot be
  remedied.
• Alternatives to the proposed action.
• Relationship between local, short-term use of
  environment and maintenance of long-term
  productivity of the environment.
• Any irreversible commitments of resources.

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NEPA (continued)

• Created the Council on Environmental Quality
  (CEQ) in the Executive Office of the President.
• CEQ (with EPA) monitors NEPA compliance.
• CEQ serves as environmental policy advisor to the
  President.
• Courts have halted Federal projects for failure
  to meet procedural (EIS) requirements of NEPA

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Clean Air Act (CAA)--1970

• Purpose to create a strong Federal role in
  regulating air quality.
• EPA may delegate regulation of stationary
  sources to states, subject to approved State
  Implementation Plan (SIP).
• EPA set National Ambient Air Quality Standards
  (NAAQS) for particulates, sulfur dioxide,
  nitrogen dioxide, carbon monoxide, ozone and
  lead.
• 1990 amendments, Congress listed 189 chemicals
  requiring EPA (through the states) to regulate as
  Hazardous Air Pollutants (HAPS).

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Clean Air Act (Continued)

• EPA regulates mobile sources.
• Tailpipe emission standards for new cars, buses
  and trucks.
• Phased out lead additives in fuel.
• 1990 amendments created market-oriented permit
  system to reduce sulfur dioxide/acid
  precipitation.

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Clean Water Act--1972

• Purpose eliminate the discharge of pollutants
  into waters of the United States.
• Regulation of point sources/surface water
• EPA sets effluent standards
• EPA requires permit of anyone discharging into
  waters of the United States.
• Applicant must meet effluent standards to qualify
  for a permit.
• This program is called National Pollutant
  Discharge Elimination System (NPDES).

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Clean Water Act (continued)

• Authorized Wastewater Treatment Construction
  grants/loans.
• Requires dischargers to adopt Best Available
  Waste Treatment Technology.
• Directs Corps of Engineers to require a permit
  for deposition of dredged or fill materials into
  navigable waters.
• Definition of waters of the United States
  includes certain wetlands.
• Corps must follow EPA environmental guidelines.

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Clean Water Act (continued)

• Non-point sources of water pollution
• Authorizes financial and technical assistance to
  states for Area-wide Waste Treatment Management
  Plans.
• Requires state assessment of water quality and
  specific state implementation plans for reducing
  water pollution from non-point sources.

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Federal Environmental Pesticide Control Act--1972

• Purpose amend Federal Insecticide, Fungicide,
  and Rodenticide Act to protect environment from
  pesticides.
• Transferred administration of pesticide policy
  from Agriculture to EPA.
• Requires all pesticides to be registered with EPA
  before they can be sold or used in the U.S.

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Federal Environmental Pesticide Control Act
(continued)

• Registrant must demonstrate to EPA that pesticide
  does not cause unreasonable adverse effects on
  environment.
• EPA may suspend or cancel registrations if
  unforeseen problems arise.
• Efficacy is also required for registration.

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Endangered Species Act--1973

• Purpose to protect endangered species from
  extinction and to aid their recovery.
• Fish and Wildlife Service and National Marine
  Fisheries Service are the lead agencies.
• Decision to list species uses only biological
  criteria (not economic nor political criteria).

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Endangered Species Act--1973

• Agency must designate critical habitat of listed
  species.
• Section 7 Federal agencies must consult lead
  agency for jeopardy opinion if agency project
  might impact listed species.
• Section 9 Prohibits ANYONE from taking listed
  species.
• Section 10(a) amendment allows incidental take
  subject to approved Habitat Conservation Plan.
• Authorizes Federal cost share to help states
  implement provisions of the Act.

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Safe Drinking Water Act--1974

• Purpose to protect public drinking water from
  harmful contaminants.
• Regulatory program
• EPA to publish National Primary Drinking Water
  Standards.
• Public water supply systems monitor for listed
  contaminants, report to EPA and state agency.
• EPA requires remedial measures in case of
  violations of purity standards.

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Safe Drinking Water Act--1974

• State primacy was encouraged.
• Authorized EPA to designate sole source
  aquifers.
• EPA leads Wellhead Protection Program.
• EPA leads Underground Injection Control Program.

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Resource Conservation and Recovery Act
(RCRA)--1976

• Purpose to assure safe management of solid
  wastes and hazardous wastes.
• Subtitle C cradle-to-grave monitoring for
  hazardous substances.
• Subtitle D regulates municipal solid waste
  disposal facilities.
• EPA sets standards.
• States implement standards.

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Resource Conservation and Recovery Act (continued)

• 1984 Amendments
• Revised Federal standards for sanitary landfills.
• Subtitle I regulates underground storage tanks
  containing petroleum products, pesticides, etc.
• Encourages state implementation.

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Toxic Substances Control Act--1976

• Purpose to prevent unreasonable risk of injury
  to health or the environment from toxic
  chemicals.
• Requires EPA to inventory chemicals in commercial
  production and determine which pose unreasonable
  risk.
• Authorizes EPA to require testing by industry to
  see if chemicals present unacceptable risk.

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Toxic Substances Control Act (continued)

• EPA may regulate the manufacture, processing,
  use, distribution or disposal of toxic chemicals.
• EPA may screen new chemicals, ban chemicals.
• 1986 amendment required EPA to inspect for and
  control risks from asbestos in schools.
• 1992 amendment required EPA to reduce public
  exposure to lead from paint.

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Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA)--1980

• Purpose to protect public health and
  environment from abandoned and uncontrolled
  hazardous wastes.
• Gave EPA 1.6 billion trust fund (SUPERFUND) to
  clean up contaminated sites. (Another 8.5
  billion added in 1986).
• Extends strict, joint and several liability,
  making responsible parties pay for cleanup.

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CERCLA (Continued)

• Requires EPA to list hazardous substances.
• Encourages state implementation.
• 1986 SARA Title III right-to-know provision
  requires public release of information about
  chemicals made, stored, and/or released by local
  businesses.