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Lesson 2

Lesson 2. Environmental Laws, Regulations, Policies, and Programs. Lesson 2: Objectives. Understand how environmental laws, regulations, and policies are created. Understand the most important environmental laws and regulations.

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Lesson 2

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  1. Lesson 2 Environmental Laws, Regulations, Policies, and Programs

  2. Lesson 2: Objectives • Understand how environmental laws, regulations, and policies are created. • Understand the most important environmental laws and regulations. • Understand Army environmental policy and the KSARNG Environmental Management System (eMS). • Understand the civil and criminal penalties for not complying with environmental laws and regulations.

  3. Introduction • Safe Rivers and Harbors Act of 1809 • The chemical revolution of the 50s • Legislation from national disasters

  4. The Regulatory Process • Law • Regulation • Policy

  5. Regulation Publications • CFR numbering • 40 CFR 262.34(a)(1)(iii) (A) 40 - Title 262 - Part 34 - section (a) - paragraph (level 1) (1) - paragraph (level 2) (iii) - paragraph (level 3) (A) - paragraph (level 4)

  6. National Environmental Policy Act (NEPA) • Requires environmental consideration for all federally funded actions • Evaluates potential affects to human health and the environment

  7. The Resource Conservation and Recovery Act (RCRA) • Passed in 1976 • Created cradle-to-grave concept • Regulates the generation, transportation, and disposal of HW • Set up different sizes of generators

  8. Hazardous and Solid Waste Amendments (HSWA) • Passed in 1984 • Created the land ban program • Regulated USTs

  9. The Federal Facility Compliance Act (FFCA) • Passed in 1992 • Federal facilities no longer immune from obeying previously mentioned laws • Facilities subject to inspections and penalties

  10. The Clean Water Act (CWA) • Passed in 1977 • Wanted all waters fishable and swimmable • Created a permit system

  11. The Oil Pollution Act of 1990 (OPA 90) • Passed in 1990 • Result of Exxon Valdez • Deals with oil transfer facilities

  12. The Clean Air Act (CAA) • Passed in 1970 • Created a permit system • Identifies air pollution sources

  13. The Toxic Substances Control Act (TSCA) • Passed in 1977 • Pre-manufacture notice • Banned the manufacturing, use, and distribution of certain chemicals: • PCB • DDT

  14. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) • Passed in 1980 • Created Superfund • National Priority List (NPL) • The military has IRP

  15. The Occupational Safety and Health Act • Passed in 1970 • Created a safe workplace • The MSDS program • Worker’s right-to-know

  16. National Historic Preservation Act (NHPA) • Protects historic, archeological, and cultural properties • Many facilities and training sites have these properties

  17. Endangered Species Act (ESA) • Establishes a list of endangered and threatened plant and animal species • The listed animals and plant species and their habitats are protected

  18. Noise Control Act (NCA) • EPA established noise standards for commercial transportation and construction equipment • The Army has a noise abatement program to reduce noise and protect soldiers and people in surrounding communities from noise pollution

  19. Emergency Planning and Community Right-to-Know Act (EPCRA) • Requires chemical inventories to be reported to the public • Important for community emergency personnel such as local fire fighters and medical personnel, so they are prepared to react to fires, explosions, and natural disasters at chemical storage sites, etc.

  20. Hazardous Materials Transportation Act (HMTA) and Hazardous Materials Transportation Uniform Safety Act (HMTUSA) • Passed in 1974 and 1990 • Regulated the transportation of HM in commerce • Required an employee training program

  21. Kansas Regulations • The Kansas Department of Health and Environment (KDHE) enforces HW generation and management regulations including: • KAR 28-31, regulates generation, accumulation, transportation, and disposal of hazardous waste

  22. KS SOP 200-1 • Primary Environmental Regulation of the KSARNG • Supercedes previous Versions of KS SOPs 200-1 and 420-47 • Is augmented by series of Environmental Supplements

  23. environmental Management System (eMS)DVD

  24. environmental Management System (eMS) • What is it? • Why do we have to do it? • Why do we want to do it? • Does this mean extra work? • What is ours all about?

  25. eMS – What is it?Mission Focused • Environmental management must NOT be an obstacle to mission, it must be an enabler • Understanding mission, environmental impact, and regulatory compliance is a critical first step in effective environmental management • Enabling and sustaining mission must be a primary goal of all elements of the eMS • Environmental activities that represent obstacles to mission are unacceptable • Prioritization of resources and proper planning is key to a mission centric eMS

  26. eMS – Does this mean extra work? • NO! • KSARNG has already implemented eMS • Documentation of existing programs, policies, and procedures • Audit to a different standard

  27. eMS – What is the KSARNG eMS program? • Know the TAG’s Environmental Policy Statement • Functional Areas • Vehicle/Aircraft Maintenance • Facility Maintenance • Training Operations • Aspects and Impacts • Objectives and Targets • TRAIN SUSTAIN • eMS Website: http://ngksc3dofe-ems

  28. Activities Having Both Mission and Environmental Benefit • Protection of Natural Resources = Sustains Training Lands • Improvements In Energy Efficiency = Increased Facility Sustainability and Readiness • Noise Reduction = Increased Training Opportunities • Efficient Use of Fuel = Increased Training Opportunity • Waste Minimization = Improved Maintenance and Readiness

  29. Army Environmental Policy • It is Army policy to integrate environmental stewardship with mission: • Reduce or eliminate pollution at the source • Conserve and protect cultural and natural resources • Carry out mission in environmentally-friendly manner and improve quality of life for soldiers and civilians • Comply with applicable environmental laws • Restore contaminated sites • Allocate resources and training to protect our environment

  30. Army Environmental Pillars

  31. Compliance • KSARNG personnel must comply with federal, state, and Army environmental laws and regulations • The EPA enforces federal regulations • The KDHE enforces state regulations • The EPA may give a state or territory “primacy” to enforce specific federal regulations

  32. Conservation • The wise use, improvement, and protection of natural and cultural resources • All personnel must conserve these resources

  33. Pollution Prevention • P2 is any practice that reduces pollution • Actions include: • Using fewer hazardous chemicals • Increasing energy efficiency • Reuse and recycling

  34. Restoration • Cleaning up contaminated sites caused by past practices, such as dumping oil along fence lines • Managed under the Defense Environmental Restoration Program (DERP) or Installation Restoration Program (IRP)

  35. Army Regulations • AR 200-1: Environmental Protection and Enhancement • AR 200-2: Environmental Effects of Army Actions • AR 200-3: Natural Resources – Land, Forest, and Wildlife Management • AR 200-4: Cultural Resources Management • AR 200-5: Pest Management • AR 350-4: Integrated Training Area Management

  36. Agency Differences • Hazardous Chemical (OSHA) • Hazardous Material (DOT) • Hazardous Substance (EPA) • Hazardous Waste (EPA and DOT)

  37. Agency Differences

  38. Enforcement and Sanctions • Who can enforce? • A regulator • KDHE • OSHA • State Fire Marshal • Interagency agreement • A whistle blower • Any citizen

  39. What if I get caught? • Warning letter (NOV) • Administrative order • Civil penalty • Permit action • Civil court • Criminal investigation

  40. Liability • Criminal vs. Civil

  41. Who Pays the Cost of Violations? • The DOFE-E Office CANNOT pay fines! • Individual violators, not just the KSARNG, can be held criminally and fiscally liable • Ultimately, we all pay the cost • Loss of training time • Mission failure • Damage to our training environment • Poor public image

  42. Practical Exercise Laws, Regulations, and Policies

  43. Questions?

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