Governmental Process in ENV

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Governmental Process in ENV
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Government Environmental Technology

• Governmental Processes federal, state local
  governments all play a role
• Practitioners in the field of Environmental
  Technology need to know how to locate, read and
  understand numerous environmental laws and
  regulations.

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What are laws?

• Called statutes or acts
• Restraining standards that govern society
• Enacted with the goal of creating a better society

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Two forms of law in the U.S.

• Criminal (public) Law
• Civil (private) Law
• Divided between laws against society (Criminal
  Law) and those between individuals (Civil Law)

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Public or Criminal Law

• Laws providing the basic rules of our system of
  government
• Criminal acts against society
• Operation and establishment of administrative
  agencies
• Court cases

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• Prescribes punishments for violations
• Can be subject to interpretation because they are
  written to cover a broad range of activities
• Can include an interwoven body of court
  decisions, statutes, regulations, policies and
  procedures that are continually changing
• Evidence for conviction must be beyond a
  reasonable doubt

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Private or Civil Law

• Settles disputes between parties or individuals
• Governments role is to act as judge
• Preponderance of evidence is the level of
  evidence for conviction

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Other Important Terms for Understanding Law

• Statutory law is written law, the exact wording
  approved by a legislative body
• Case law consists of written decisions made by
  courts and are used as precedents in making
  future decisions

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Three branches of U.S. Government
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Executive Branch

• Proposes laws and approves or vetoes laws passed
  by the legislative branch as well as enforces the
  laws
• Consists of the President and the regulatory and
  administrative agencies who report to him
• The President nominates the heads of the various
  agencies, who are then accepted or declined by
  Congress

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Legislative Branch

• Makes amends laws
• Appropriates funds to enact legislation

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Judicial Branch

• Examine Laws
• Interpret laws through court cases
• Assure laws are justly applied

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Supreme laws of the land!

• No state can enact a law less strict than the
  federal law
• They do have the right to make more restrictive
  laws

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• Many states allow citizens to take law making
  into their own hands through the initiative
  process or through referendums (Example - Calif.
  Propositions)
• Both require petitions to illustrate voter
  support before the issue will be placed on the
  ballot

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• Congressional statues are found in the US Code or
  USC
• The implementation of the law is carried out by
  independent agencies of the federal government or
  state governments
• They interpret the law and create regulations to
  enforce specific compliance requirements

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Rules and Regulations are developed by regulatory
agencies

• EPA
• DOT (including the Coast Guard)
• Department of Labor including OSHA and the Mine
  Safety and Health Administration
• NRC Nuclear Regulatory Administration
• Department of the Interior including the Fish and
  Wildlife Service and the Land Management Bureau
• Department of Energy

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Federal Register System

• Announces and publishes rules in two major
  publications
• The Federal Register FR
• Published information on proposed rules, final
  rules, notices on proposed rule making and
  meeting notices
• The Code of Federal Regulations - CFR
• A listing of all the rules published in the FR
  compiled in a rule book by topic

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Regulatory Numbering System

• Title 40CFR
• Part 260
• Section 4
• Paragraphs (a)(1)(ii)
• i.e. 260.4(a)(1)(ii) of 40CFR

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EnforcementMonitoring Compliance

• Compliance Evaluation Inspection (CEI)
• Can be routine
• Follow complaints or tips
• Result from referrals from other agencies

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Freedom of Information Act of 1966

• The public is entitled to any information
  collected by a governmental agency
• Records for environmental assessments can be
  obtained in this manner or in a more informal
  manner

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The Privacy Act of 1974

• Federal agencies must provide individuals with
  information pertaining to them
• And are required to amend or correct any files
  that are inaccurate

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Enforcement Actions

• List of steps available for enforcement
• Administrative Enforcement Actions
• Civil Actions
• Criminal Actions

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Administrative Enforcement Action

• Least severe action available does not involve
  the court system
• May be an Notice of Violation (NOV), Notice of
  Deficiency (NOD), or more formal administrative
  order (w/ public meeting requirement)
• Resolution could be by correction of the problem,
  sometimes accompanied by a fine
• Used to force compliance, the taking of
  corrective action, monitoring, testing and
  analysis, or to address a threat to human health
  or environment

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Civil Actions

• Formal lawsuits filed by federal,state or local
  government attorneys (or private individuals)
• Can be used to force compliance
• Suspend or revoke permits or authorizations
• Impose large penalties
• The burden of proof for the plaintiff is only a
  preponderance of evidence (true for all civil
  actions)

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Criminal Actions

• Most severe action available
• Can result in fines and/or imprisonment
• Result of severe violations such as falsifying
  evidence or reports, putting another person in
  imminent danger or illegal disposal of hazardous
  waste

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• Misdemeanors are punishable by a fine and/or
  prison (generally short lt1 year)
• Those who commit felonies can be imprisoned
  longer
• But guilt must be proven beyond a reasonable
  doubt (true for all criminal actions)

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National Environmental Policy Act

• NEPA - 1970
• Requires the preparation of and Environmental
  Impact Statement (EIS)
• Whenever the federal government engages in any
  activity that may have a negative affect on the
  environment

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Federal Clean Air Act

• CAA - 1970, amended 1990
• Protects the public health and welfare from the
  harmful effects of air pollution
• Sets standards for maximum levels of outdoor air
  pollution, and emission standards for sources
• Holds state and local governments responsible for
  controlling pollution sources

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Federal Clean Water Act

• CWA - 1972
• Restores and maintains the chemical, physical and
  biological integrity of the nations waters
• Nationwide standards are set for industrial
  discharge and municipal sewage systems by the EPA

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Safe Drinking Water Act

• SDWA - 1974
• Establishes federal standards for drinking water
  quality and protects underground sources of water
• Enforced by the EPA

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Resource Conservation and Recovery Act

• RCRA - 1976
• Deals with both municipal and hazardous waste
  problems and encourages resource recovery and
  recycling
• Administered by the EPAs Office of Solid Waste
  and Emergency Response (OSWER)

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Federal Insecticide, Fungicide, and Rodenticide
Act

• FIFRA - 1947, amended 1972, 1974, 1978
• All pesticides must be registered with the EPA,
  process determines labeling usage
• Reviews labeling and directions for application
  and sets maximum safe levels for pesticide
  residue in human and animal foods

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Comprehensive Environmental Response,
Compensation, and Liability Act

• CERCLA Superfund - 1980, amended 1986
• Makes owners and operators liable for hazardous
  waste releases on their property
• The act imposes joint and several liability
• System for identifying and cleaning up chemical
  and hazardous materials released into any part of
  the environment
• EPA collects the cost of cleanup from the
  responsible parties and sets up a fund for
  cleanup when necessary

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Asbestos Hazard Emergency Response Act

• AHERA
• EPA certifies asbestos inspectors and requires
  certain procedures for asbestos abatement in
  school buildings

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Toxic Substance Control Act

• TSCA - 1976
• System of pre-market notifications if a company
  wishes to market a new chemical, may require
  additional testing before the chemical is sold
• Also requires testing of some chemicals already
  on the market, resulting in possible restrictions
  or a ban by the EPA

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Marine Protection, Research, and Sanctuaries Act

• Ocean Dumping Act
• EPA and the Coast Guard limit the type and
  location of any ocean dumping

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Occupational Safety and Health Act

• OSHA - 1970
• Assures safe and healthful working conditions
• Develops regulatory standards, keeps records of
  injuries and conducts training and enforcement
  programs

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Atomic Energy Act

• AEA - 1954
• Controls possession, development and use of
  radioactive materials
• Currently enforced by the Department of Energy
  (DOE) and the Nuclear Regulatory Commission (NRC)

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Hazardous Materials Transportation Act

• HMTA - 1975
• Regulates the handling and transportation of
  hazardous materials
• Enforced by the Department of Transportation (DOT)