Lecture No. 2 Regulatory Process Chapter 2, p.35 1. Environmental Law A. Case Law vs. Statue Law 1.

) Statues

Includes acts of Congress and state legislatures. When a federal bill becomes a law is assigned a Public Law, PL number. PL 94-580 is RCRA Act passed in 1976 by the 94th Congress. All federal statutory law is put together is a systematic listing, codified, in the USC, United States Code. The USC is regularly updated with the latest amendments as with RCRA in 1978, 1980 and 1984. It is referenced as 42 USC 6901; title 42 of the United States Code, section 6901. 2.) Case Law

For a particular case, a dispute may arise concerning application and the court makes a judgment. These collective court decisions are referred to as case law.

B. Common Law and Liability

Common law refers to case law principles deriving from rules of common sense and fair play with its origins in the ancient unwritten law of England. Court decisions provide the primary written statement of common law. This is law by precedent. In HAZARDOUS WASTE, where negligence has been established, it is no defense that the negligent action was in full compliance with all government regulations and permit conditions. Activities involving solid waste should fall under the concept of strict liability i.e. proof of negligence is not required. If injury is incurred, the company handling he waste can be held liable even if the handler did everything correctly.

C. Regulations

Environmental laws often set goals and leave it up to the EPA to provide the technical details. The EPA then publishes these stipulations as regulations in the Federal Register.

Federal Rules and Regulations published in the Federal Register are codified in the Code of Federal Regulations (CFR). Title 40 of this code covers Protection of the Environment and

Lecture No. 2, The Regulatory Process, Page No. 2 40 CFR 261 refers to Part 261 refers to Part 261: Identification and Listing of Hazardous Waste. Primacy: The EPA confers upon a state agency the power to issue permits and act as an agent of the federal government. Meeting regulations is a minimum standard for the design of solutions to hazardous waste problems. The main objective is the protection of human health and the environment.

2 Resource Conservation and Recovery Act (RCRA, 1976) A. General

First time law for the management of hazardous waste in the US. Set up a separate Office of Solid Waste within the EPA. Comprehensive including identifying wastes to a manifest system. Generators are held responsible for hazardous waste from "cradle-to-grave". A generator can NOT discharge his responsibility by contracting with a third party to dispose of the waste. The original generator remains liable for the hazardous waste even though the third party mishandled it. It is the intention of Congress to stress conservation and recovery as opposed to disposal.

B. Hazardous and Solid Waste Amendments of 1984 (HSWA)

Amendment to RCRA. Very detailed legislation including hammer provisions which are very rigid regulations that would automatically come into law if the EPA failed to meet deadlines. HSWA prohibited the disposal of bulk hazardous waste in landfills or surface impoundments. Landfills must be state-of-the-art facilities including: - Double liners - Leachate collection systems - Ground water monitoring - Leak detection system Permitting. HSWA included many provisions for permitting of treatment, storage, and disposal facilities (TSDFs). HSWA gave the EPA the authority to require corrective action such as the cleanup of contaminants in groundwater beyond the boundaries of the generating facility. Similarly, the EPA can require corrective action for continuing release of pollutants, even if the pollution remain on plant property. In 1988, the EPA proposed extensive requirements for corrective action at solid waste management units (SWMUs). The purpose of the regulations is to clean up existing facilities.

3. Federal Hazardous Waste Regulations A. General

Lecture No. 2, The Regulatory Process, Page No. 3

Based on 500+ pages of hazardous waste regulations published in the Federal Register on May 19, 1980 A waste is considered as hazardous waste if it meets one or more of the following: - Specifically listed in EPA regulations. - Tested and is ignitable, corrosive, reactive or toxic. - Declared hazardous by the generator. T2-1, p.51 for ID numbers. Ignitable: Flash point below 60C or capable or causing fire under standard conditions. EPA Hazardous Waste No. D001. Corrosive: pH <2, >12.5 or which will corrode steel > .25 inches/year. D002. Reactive: Unstable, violent, explosive. D003. Toxicity. Will the toxic constituent leach into the groundwater. Two tests are used: - EP Toxicity Test. (Extraction Procedure). Grind it up and put it in acid for 24 hours. - Toxicity Characteristic Leaching Procedure (TCLP). More stringent. T2-1, p.51. B. CERCLA, (Comprehensive Environmental Response, Compensation, and Liability Act), 1980

Identify and cleanup existing hazardous waste sites. Litigate after cleanup to recover costs.

C. Superfund, Superfund Amendments and Reauthorization Act (SARA), 1986

1986 complete rewrite of CERCLA and 4x as long. Community right-to-know provisions that require industries to plan for emergencies and inform the public about the hazardous waste being used. In part a response to Bhopal, India. Superfund process (F2-7, p.57): - Eligible sites are listed on the National Priority List (NPL). Sites are ranked in accordance with the Hazard Ranking System (HRS). - After listing, a detailed study of the site called a Remedial Investigation (RI) is performed. - A Feasibility Study (FS) is conducted at the same time. The FS is the basis of selection for treatment. Cleanup Standards. "How clean is clean?" Not possible to remove pollution down to the last molecule. Applicable or Relevant and Appropriate Requirements (ARARs) are used. ARARs are regulations from other programs than Superfund. Liability. The Superfund process intends to make the generator pay for the cleanup.

4. Other Federal Statues (F2-1, p.36)

Toxic Substance Control Act (TSCA), 1976. Allows control of manufacture of toxic material. Prior to this toxic substance could be controlled only if they were released to the environment. Occupational Safety and Health Act (OSHA), 1970. Safety and health in the work place.

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Clean Water Act (CWA), 1972, 1977 1987. Regulates discharge to surface waters. Provides for the building of municipal wastewater treatment plants and established a National Pollutant Discharge Elimination System (NPDES). For toxic pollutants, Best Available Technology (BAT) must be used. Pretreatment standards were set. Safe Drinking Water Act (SDWA), 1974. Intention is ensure that public water supplies are maintained at high quality. MCLs (Maximum Contaminant Levels) and MCLGs (Maximum Contaminant Level Goals) were set, 40 CFR 141. Clean Air Act (CAA). 1970, 1977, 1990. Major initiatives to attain and maintain National Ambient Air Quality Standards to ensure that all new sources of atmospheric emissions are equipped with the "Best Available Pollution Control Technology". Section 12 of the CAA identifies HAPs, Hazardous Air Pollutants.

HOMEWORK Read Chapter 2, The Regulatory Process, pp. 35-80 Problems, p.74, 2-4, 2-9, 2-12, 2-16, 2-17, 2-36, 2-44