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Challenges in Toxic Hazardous Substance Regulation

Explore the regulatory complexities of managing toxic chemicals from development to waste. Learn about key laws like TSCA and RCRA, successes, failures, and the NIMBY problem in hazardous waste facilities siting.

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Challenges in Toxic Hazardous Substance Regulation

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  1. Class 27: Law & Policy of Toxic & Hazardous Substances CofC Fall 2010 Environmental Policy

  2. Fed Law: Cradle to Grave • Biggest issue: Trying to regulate chemicals/toxics from cradle (development of chemical) to its use and ultimately its waste stream. • Problem: requires massive regulation structure and bureaucracy to oversee, test, monitor and implement controls • Not enough manpower, infrastructure, or financial resources to govern this linear system

  3. Regulating Toxics • Toxic Substances Control Act • Regulates Chemical manufacturing and Distribution • Resource Conservation and Recovery Act • Regulates Solid Waste • Superfund • Regulates abandoned and uncontrolled hazardous waste dumps • Food Quality Protection Act • Regulates pesticide use—food. Based on “a reasonable certainty of no harm” and tight risk standards. • Consumer “right to know” requires brochures in stores on health effects of pesticides

  4. Few Success • Very few success stories • PCB  used in electrical equip • Domestic use of very harmful pesticides: DDT, aldrin, dieldrin, etc • Asbestos • Aerosols and CFCs Banned • Problem: regulatory nightmare: obtaining data, interpreting vast integrated technical information, politics/lobbying, resources, experience in managing issues.

  5. NIMBY Problem • Not in my Backyard  Wyoming Issue • Most often white collar prof, articulate and well educated • NIMBYism thrives because of fed/state laws that empower citizen activism  most states provide an outlet for direct citizen involvement • Behind this is ‘congressional mistrust, “a reflexive suspicion that the executive, if left to itself, would systematically under-enforce the law” • With hazardous waste  creates a serious political problem • Public hearings on hazardous facilities siting are the perfect venue to facilitating NIMBY that impose local costs/risks for national benefit

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