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ENVE 441

ENVE 441. Dr. Robert A. Perkins, PE ffrap@uaf.edu http://www.faculty.uaf.edu/ffrap/. 17 and 19 April 2007. Admin, Homework, etc. Hazardous Waste Regulations Risk Assessment. History. Love Canal (book) Cuyahoga Sopranoland. Water Quality. Cuyahoga River Fire: June 22, 1969.

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ENVE 441

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  1. ENVE 441 Dr. Robert A. Perkins, PE ffrap@uaf.edu http://www.faculty.uaf.edu/ffrap/

  2. 17 and 19 April 2007 • Admin, Homework, etc. • Hazardous Waste Regulations • Risk Assessment

  3. History • Love Canal (book) • Cuyahoga • Sopranoland

  4. Water Quality • Cuyahoga River Fire: June 22, 1969

  5. Sopranoland • Life in New Jersey

  6. Environmental Laws • Law and Regulations • How they come about • The legal process

  7. CONSTITUTION STATUTES

  8. Three Branches • The executive (the president, the federal bureaucracy, the military), • The congress (house and senate) and the • Courts (supreme and lower courts.) • All are separate.

  9. Separation of Powers • Unlike most parliamentary democracies • Majority power votes the prime minister and cabinet • Courts often separate • But often can final appeal back to the parliament

  10. The congress makes the laws, • The executive enforces the laws, and the • Courts interpret the laws. • Most states have similar constitutions and division of government into branches.

  11. CONSTITUTION STATUTES COURTS REGULATIONS COMMON LAW

  12. Consider Laws by Branches • Judicial • Legislative • Executive

  13. Agencies as source of law

  14. CONSTITUTION STATUTES REGULATIONS

  15. Regulations • The Congress delegates to an agency (in the Executive Branch) the authority to make certain laws. • Often those requiring technical details • According to certain procedures

  16. Genesis of Agency • Some are created directly by congress • Specific statute • “enabling legislation” • cf. original cabinet duties • Or Agency formed by Executive Branch • of earlier authorized smaller agencies

  17. Powers Limited • Legislative • Only the laws (called rules) that are permitted by the enabling legislation • Must strictly conform to that legislation • Judicial • All decisions may be appealed to courts • Deference

  18. Rule (Law) Making • Must conform to the Administrative Procedures Act • exactly • (State similar) • http://touchngo.com/lglcntr/akstats/Statutes/Title44/Chapter62.htm

  19. Federal APA • Informal “Rule Making” • AKA “notice and comment” • Used unless statute says otherwise • No formal public hearing • No formal records of hearing or comments • (But often both are kept) • All parties don’t know what is going on • One might submit incorrect data, others would not know

  20. Formal • Must have public hearings • Must keep records • transcripts

  21. Process • Often starts with consultation with affected parties • semi-public meetings • Other input, perhaps in-house • Priorities • “Housekeeping”

  22. Federal Register • http://www.gpoaccess.gov/fr/index.html • today’s FR • or menu at left for “browse” • http://www.gpoaccess.gov/fr/browse.html • Many items do not need to be published, but…. • As a practical matter, agencies avoid secrecy, even if it is allowed.

  23. After FR • Within deadline • Comment received • Pubic hearing held • if required • Rule is redrafted • if major, need to start cycle over with new FR

  24. Rule • Rule is “promulgated” by agency • Next it is “codified” with number • Goes into the Code of Federal Regulations

  25. Digress to Statute • Note CFR Titles are not same as Statute Titles • http://www.gpoaccess.gov/index.html • Endangered Species Act • PL 93-205 • Codified in Title 16, Conservation • Under 7, 15, 33, 42, 43 as well • Chapter 35 • Sections [ § ] 1531 to 1535

  26. Enabling • See §1533.a • (a) Generally (1) The Secretary shall by regulation promulgated in accordance with subsection (b) • Who is? • See definitions section

  27. CFR • http://www.gpoaccess.gov/cfr/index.html • Starts with Titles • Administrative agencies in charge of a title • Title 40 = EPA • Volumes and Chapters not prominent now • Parts • PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

  28. Part 72, Acid Rain • http://a257.g.akamaitech.net/7/257/2422/08aug20031600/edocket.access.gpo.gov/cfr_2003/julqtr/40cfr72.1.htm • Note Laws and FR publication

  29. Courts and Regulations • Immediately after promulgation • Bring to court to have invalidated, or • Break the new law • Go through the hearing process • Usually start with Administrative hearing in agency

  30. Executive • Appointed by President • May be within a cabinet “Department” • Federal Aviation Administration in the Department of Transportation.

  31. How many Agencies • Over 100 • May be “executive” or “independent” • Independent is usually a “commission” with a board and chair. • deep scope over narrow industry • Securities and Exchange Commission • Rates, licenses, etc.

  32. EPA • Environmental Protection Agency • Independent Agency • 1970 • Absorbed functions of older agencies • http://www.epa.gov • http://www.epa.gov/epahome/organization.htm • http://www.epa.gov/epahome/locate1.htm • http://www.epa.gov/epahome/locate2.htm

  33. Science v. Law • Science: Investigates and attempts to explain natural phenomena. It is cautious, incremental, and truth seeking. • Government regulation: Seeks to affect human behavior and settle human disputes. It is episodic and preemptory and seeks resolution rather than truth.

  34. Government regulators are often forced to intervene, and make a decision before knowledge is complete. • American regulation is bound up in the concept of "rule of law." • Not negotiation between affected parties • Must have a “bright line”

  35. American regulation must make rules based on the legislative intent and must explain the reasons or facts that form a basis for these rules. • This allows opponents of the rules numerous opportunities to contest facts. • Often the facts are weak and both sides have great opportunities to construe what facts there are in a manner suitable to their case. • This forces the regulators to defend their decisions based on the weak facts and sometimes "distort the current knowledge," often by putting more weight on evidence that the underlying science can bear.

  36. "The statute laws often describe a desirable social outcome, and may demand more of science that it can provide." • [Material above and quotes from the Regulatory Toxicology chapter by Richard Merill in Casarett and Doull's Toxicology.]

  37. Guidance Documents • Such a laboratory procedures • Often a consensus standard put together by experts in the field and provide minimum standards for many investigations. • Since the guidance documents are not law, other reasonable procedures may be substituted but, as a practical matter, the standard methods are often really a requirement, rather than guidance. • May inhibit innovation and progress • vendors

  38. Burden of Proof • Who has the responsibly for demonstrating a substance is harmful or safe? • Established by the statute. • food additives, the manufactures must prove they are safe before they are put in food. • OSHA must demonstrate that a substance is harmful before its use is restricted. • How about EPA? • Many different statutes

  39. Risk Allowed • Some laws specify no risk is allowed. • Any chemical that causes cancer in laboratory animals is not permitted as a food additive. • A negligible risk will permitted • A 1 in one million increase in cancer rate is considered negligible. • Tradeoff approaches. • Often use the word "feasible," which implies risk is permitted, if it is economically impractical to remove or reduce the risk.

  40. Take Home Ideas • Many practical engineering decisions governed by regulations • Regulations are made by an agency, but must conform to the intent of a statute law • Regulations (“rules”) are promulgated by a definite process defined by law. • FR, CFR • Laws and Regulations are not “science”

  41. EPACT FFCA CERFA CRAA PPA PPVA IEREA ANTPA GLCPA ABA CZARA WRDA EDP OPA RECA CAAA GCRA GLFWRA HMTUSA NEEA 120 110 100 90 80 70 60 50 40 30 20 10 0 AMFA ARPAA AJA ASBCAA ESAA-AECA FFRAA FEAPRA IRA NWPAA CODRA/NMSPAA FCRPA MMPAA AQA NAWCA RCRAA WLDI APA SWDA CERCLA CZMIA COWLDA FWLCA MPRSAA WQA SDWAA SARA NWPA BLRA ERDDAA EAWA NOPPA PTSA UMTRCA ESAA QGA NCPA CAAA CWA SMCRA SWRCA SDWAA ARPA MPRSAA BLBA FWPCA MPRSA CZMA NCA FEPCA PWSA MMPA HMTA TSCA FLPMA RCRA NFMA CZMAA ESA TAPA FRRRPA SOWA DPA NEPA EQIA CAA EPA EEA OSHA FAWRAA NPAA AQA FOIA FCMHSA WRPA AFCA FHSA NFMUA WSRA EA RCFHSA TA FWCA BPA FIFRA AEPA PAA NHPA WLDA WA FWCAA NBRA MBCA NPS FAWRA FWA IA AEA AA RHA NLRA WPA YA 1870 1880 1890 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 Growth in Environmental Laws Number of Laws

  42. RCRA & CIRCLA • CERCLA 1980 • "superfund law." • Comprehensive Environmental Response, Compensation, and Liability Act, • Overhauled in 1986 by SARA • Superfund Amendments and Reauthorization Act

  43. RCRA 1976 • Resource Conservation and Recovery Act • Modified in 1984 by the Hazardous and Solid Waste Amendments (HSWA) • RCRA is the "hazardous waste law." It provides cradle to grave control of hazardous waste

  44. RCRA • Subtitle D • Municipal Solid Waste • Subtitle C • Hazardous Waste

  45. RCRA Law • A solid waste - or a combination of solid wastes - that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may: • Cause, or significantly contribute to, an increase in mortality or an increase in a serious irreversible illness, or incapacitating, reversible illness; or • Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

  46. Hazardous? • Many definitions, lists, etc. • CWA 40CFR116.4 • Many others: CAA, OSHA, • RCRA has two methods

  47. Regulations • Two methods • Listed • U, P, F, K lists • http://www.faculty.uaf.edu/ffrap/EQE_649/Module_03/Submodule3B/Submodule3B_1.htm • Characteristic

  48. Listed Wastes • U Wastes - discarded commercial products, off-specification chemicals, and container and spill residues of commercial chemical products. • P Wastes - Same as U wastes except these are classified as acutely hazardous due to their acute toxicity or reactivity.

  49. F Wastes - Waste from nonspecific sources • K Wastes - Waste from specific sources

  50. Characteristic Wastes • Ignitability • Reactivity • Corrosivity • Toxicity • TCLP, • Toxicity Characteristic Leaching Procedure

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