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FederalState Environmental Laws


National health based standards - natural and man made pollutants ... No impact on NAAQS or PSD Increments. Conformity - p 177. Applies to 'federal actions' ... – PowerPoint PPT presentation

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Title: FederalState Environmental Laws

Federal/State Environmental Laws
Clean Water Act (1972)
  • All streams fishable and swimmable by 1983
  • No discharges to navigable waters by 1985
  • Extent of jurisdiction has been an issue - state
    law gives more comprehensive definition
  • National Pollutant Discharge Elimination System
  • Individual/General Permits
  • DMRs
  • Technology Based Standards for Categories of
  • National Water Quality Criteria
  • State Water Quality Standards and Water Body
  • TMDLs for water bodies that do not meet standards

CWA (contd)
  • Grant Programs
  • Publicly Owned Treatment Works (POTW-sewage
    plant) - about 70 billion
  • 1987 Amendments
  • Storm water discharge regulations
  • Non-Point Source Program
  • Moved from grant program to loan program for
  • Still Major Gaps in needs vs. funding

Washington CWA
  • Administered largely by Ecology
  • Waters of the State 90.48.020
  • Very broad covers all fresh and salt water
    bodies and watercourses AND covers all
    groundwater resources
  • Ecology Sets Surface water standards
  • Classified from AA through C, with Lake Class
  • AA all water supply, stock, fish habitat,
  • C industrial supply, commerce, navigation

Washington CWA
  • Ecology reviews applications and issues NPDES
  • Includes proposals for sewage treatment plants
  • Commercial, municipal, and industrial discharges
    into waters of the state must have NPDES Permit
    from Ecology or EFSEC
  • Local government can develop their own program to
    be approved by Ecology
  • Coordination with Forest Practices rules and
  • Implementing 1987 CWA requirements for stormwater
    regulations and permits

Stormwater General Permits
  • Cover
  • Municipal Stormwater Sewer Systems (MS4s) located
  • Cities and counties with populations greater than
    100,000 - Phase I
  • All urbanized areas as defined by Census Bureau
  • Secondary Permittees - Ports, Parks,
    Universities, Prisons
  • Industrial Facilities
  • Construction Sites
  • gt 5 Acres -Phase I, or gt1 Acre - Phase II
  • Standards
  • Must use develop Stormwater Pollution Prevention
    Plan and use Best Management Practices (BMPs)
  • Flow control requirements to address peak flows
  • Erosion control requirements from construction
  • Sampling Requirements

CWA - Wetlands
  • Covered in CWA Section 404
  • Permit requirements for dredge/fill in navigable
    waters, including wetlands
  • Jointly implemented by EPA/Corps
  • State Issues 401 Certification
  • Corps Issues Permits
  • EPA issues guidance, has veto power
  • Largely federal program, few states have full
  • All states have 401 Certification Authority

CWA - EIA Issues (IHS Page 121)
  • Dredge and Fill Activities
  • Discharges to Rivers
  • Storm water Permit Requirements

Safe Drinking Water Act - 1974
  • Some DW Standards go back to 1950s and before
  • Current System regulates all systems supplying 25
    or more residents - currently about 170,000 in US
  • Variety of regulated (over 150) systems in King
  • National health based standards - natural and man
    made pollutants
  • Maximum contaminant level goals
  • Maximum contaminant levels
  • Primary/secondary drinking water standards
  • State revolving fund

SDWA cont
  • 1996 Amendments
  • Consumer confidence reports
  • Source water protection programs
  • Sole Source Aquifers IHS p 130
  • 2002 Amendments - Focus on Drinking Water
  • Vulnerability assessments and response plans
  • In Washington administered by Department of
    Health (DOH)

Clean Air Act (1970)
  • First clean air legislation with major regulatory
  • National Ambient Air Quality Standards
  • State Control Programs to Achieve NAAQS
  • Special controls for non-attainment areas
  • Big impact on WA state metro areas
  • WA State areas are meeting standards
  • Technology Based Standards for New/Modified
  • Apply more stringent controls as industry
  • How this (New Source Review) is done has become a
    major controversy

CAA - cont
  • Mobile Source (car/truck) controls
  • Emission standards for categories of sources
  • Regulation of fuels (i.e. lead)
  • 1990 Amendments
  • Toxic Air Pollutants
  • Stratospheric Ozone Provisions - Title VI
  • Implements Montreal Protocol
  • Production of CFCs stopped, distribution of new
    products banned
  • Predictions call for long recovery time

Washington CAA
  • Multi-county authorities established to monitor
    and enforce air quality laws
  • Puget Sound Clean Air Agency (PSCAA)
  • Other Single Multi-county Agencies
  • Ecology covers all other areas
  • General enforcement authorities and powers
    similar to EPAs under CAA

Washington CAA
  • All air contaminant sources must obtain renewable
  • 5 year period
  • Can be modified or amended at request of permitee
  • Local air authority can apply to operate permit
  • Includes agricultural burning (wheat, weed,
    bluegrass, etc…)
  • Vehicle Emission Program

CAA-EIA Issues
  • No impact on NAAQS or PSD Increments
  • Conformity - p 177
  • Applies to federal actions
  • Need to show consistency with SIP
  • Additional requirements for hazardous air
    pollutants - p 176

RCRA (1976)
  • Cradle to grave control of hazardous waste
  • Complex definition (i.e. solid waste includes
    liquids, gases)
  • Regulations for generators, transporters,
    treatment, disposal facilities
  • Law also regulates USTs, solid waste facilities

  • Hazardous Waste Manifest (Subtitle C)
  • Cradle to grave tracking system
  • Permits (Subtitle C)
  • Complex, stringent process for HW treatment
  • Sanitary Landfills (Subtitle D)
  • Largely state run with EPA guidance
  • Leaking Underground Storage Tanks (Subtitle I)
  • Design, construction, operation
  • Clean-up of spills, including a federal fund

Washington Haz Waste Law
  • State Specific Definitions - Generally Broader,
    Still Complicated
  • Dangerous Waste all discarded or abandoned
    materials which pose a hazard to human health and
  • Extremely Hazardous Waste all dangerous waste
  • will persist presents a significant
    environmental hazard or is highly toxic
  • Hazardous Waste all dangerous waste that
    designates as hazardous waste and all extremely
    hazardous waste
  • Generators Divided into Small, Medium, Large
  • Different Requirements for Each

TSCA (1976)
  • Previous laws gave government power to act only
    after damage from toxics chemicals occurred
  • TSCA Regulates chemicals in three main ways
  • Testing and possible regulation for existing
    chemicals (testing done, not much regulation)
  • Premanufacturing notice and testing required for
    all new chemicals
  • Known hazardous chemicals banned from commerce
  • PCBs
  • Other provisions reduce exposure from known
    hazards regulatory non-regulatory approaches
  • Lead, asbestos, radon

Federal Insecticide, Fungicide, and Rodenticide
Act (1972)
  • Transferred control of pesticide law from Dept of
    AG to EPA
  • Strengthened the registration process
  • Covers about 19,000 pesticides currently in use
  • Removal of pesticides from market
  • Cancellation
  • Suspension
  • Labeling requirements
  • Ingredients, allowed uses, directions for use

FIFRA cont
  • 1988 Amendments
  • Tolerances in food
  • Worker protection standards

Endangered Species Act
  • Protect biological diversity against habitat loss
    and degradation, invasive introduced species, and
  • Listing of Species (i.e. Threatened or
  • Decision made by either USFWS (land-based
    freshwater species) or NMFS (marine-based
  • With the listing, must also designate the
    critical habitat of the endangered or
    threatened species
  • Must also develop and implement recovery plans
  • FWS favors recovery efforts over critical habitat
  • Feds must insure that any action authorized,
    funded, or carried out
  • Wont jeopardize the continued existence of an
    endangered or threatened species or
  • Result in the destruction or adverse modification
    of critical habitat area
  • Agency taking action that affects species must
    consult with appropriate federal agency (NMFS and

ESA Consultation (Section 7)
  • Key Definitions
  • Endangered Any species in danger of extinction
    throughout all or a major portion of its range
    Threatened Any species likely to become
    endangered within the foreseeable future
    throughout all or most of its range
  • Take to Harass, Harm, Pursue, Hunt, Shoot,
    Wound, Kill, Trap, Capture, Collect, or attempt
    to engage in any such conduct
  • Biological Assessment prepared when species
    habitat are present
  • Evaluates potential effect of action on species
    or habitat
  • Consultation results in Biological Opinion From
    NMFS or FWS (Jeopardize or Not)
  • Can result is Incidental Take Statement
  • Can also result in blocking the action from
    proceeding in its form
  • Alternatives must be proposed OR exemption must
    be pursued

ESA - Take Prohibition (Section 9)
  • Applies to governments, corporations, municipal
    entities, and individuals
  • If government entity approves of an action that
    incidentally takes a listed species, then the
    governmental entity can be held financially
    liable for the consequences
  • Applies to both public and private property
  • Even if activity did not qualify for Section 7
  • Some flexibility in 4(d) rules for threatened
  • the specification of actions that could be
    undertaken without the threat of legal sanctions
    resulting from the take of the species
  • the specification of actions which would result
    in take and are therefore prohibited

ESA-Incidental Take Permit
  • A take may be permitted if it is incidental
    to, and not the purpose of, carrying out a
    lawful activity
  • Must submit a Habitat Conservation Plan
  • Provides insulation w/o defining a quantity of
    allowable take
  • No Surprises rule
  • During the life of the ITP, no additional
    requirements (land, water, or financial
    resources) will be enforced to respond to
    unforeseen circumstances that result in adverse
    affects to species
  • ITP can be revoked or suspended if everything has
    failed and there is continued jeopardy to
    existence of species
  • Offers some assurances to governments, companies
    and private landowners

Superfund (1980)
  • Responses to releases or threatened releases of
    hazardous substances
  • Established a trust fund to provide for cleanup
  • Fund created via tax on the chemical and
    petroleum industries
  • Tax provisions expired 1995 - Cleanups now
    carried out with general Treasury funds
  • Liability imposed on (1) owners / operators of
    contaminated property (2) generators /
    arrangers and (3) transporters of hazardous
  • Courts decisions have resulted in broad liability
    of persons responsible for releases
  • Joint several
  • Retroactive (doesnt matter when release

Superfund (cont)
  • Authorizes two kinds of clean-up actions
  • Short-term removals to address releases or
    threatened releases requiring prompt response
  • Long-term remedial response actions…permanently
    and significantly reduce the dangers associated
    with releases
  • Can be conducted only at sites listed on EPA's
    National Priorities List (NPL).
  • Not Delegable
  • States have parallel laws (MTCA in WA)
  • State involvement required for fund driven sites,
    Records of Decision

Superfund RI/FS Process
  • Remedial Investigation
  • Site characterization
  • Baseline risk assessment
  • Treatability studies
  • Feasibility Study
  • Development and screening of alternatives
  • Detailed analysis of alternatives
  • Evaluation of Applicable Relevant and Appropriate
    Requirements (ARARs)
  • Record of Decision
  • Summary of RI/FS
  • Selection of Alternative (and Justification)

Superfund (cont)
  • Brownfields Program important new feature of
  • Grant monies for studies and clean-up
  • Certain liability limits for property owners,
    neighboring owners, prospective purchasers
  • Funds to states for voluntary response programs

Washington Model Toxics Control Act
  • Broader Authority than Superfund
  • Petroleum Substances
  • Basic Process Similar to Superfund RI/FS Process
  • Also Allows Voluntary Cleanups
  • For simple sites (gas stations,
    single-contaminant sites)
  • Independent cleanup with limited Ecology
  • Must obtain Ecology approval at end of process

MTCA Cleanup Standards
  • Method A for the straightforward cleanup
  • Provides numerical cleanup levels for 25-30 of
    the most common hazardous substances
  • Numerical levels set in the regulations
  • Method B for the more complex cleanup
  • Most common method for sites with unusual
    substances or combinations of substances
  • More stringent cleanup standards
  • Sets human-health risk levels for particular
  • Must assess impact on terrestrial ecological
  • Method C for every other kind of cleanup
  • When Method A or B levels are not technically
  • Similar to Method B levels of calculating cleanup
  • Less stringent exposure assumptions good for
    industrial sites

  • Response to Bhopal disaster
  • Major provisions
  • Toxics Release Inventory
  • Annual reports for facilities that release
    certain levels to air, water, land, off-site
  • Available via EPAs TRI-ME website
  • Reporting on locations of hazardous materials
  • Establishes response coordination mechanisms

Oil Pollution Act (1990)
  • Administered by EPA, Coast Guard
  • Oil tax to create fund for response to oil spills
  • Storage facilities and vessels submit
    prevention/response plans to feds
  • Federal/state agencies directed to develop
    contingency plans/practice responses to spills
  • Identify critical areas for protection
  • Identify facilities/supplies/vessels available to

OPA (cont)
  • Facilities/vessels subject to damage claims for
  • Public damages - trustee agencies
  • Private suits for damages without common law
  • Natural Resource Damage Assessments
  • Regulations developed by NOAA

Public Resource/Land Management
  • National Wildlife Refuge System Administration
    Act -1966
  • Wilderness Act - 1964
  • Federal Land Policy and Management Act - 1976
  • State Forest Practices Act
  • Coastal Zone Management Act
  • Washington Shoreline Management Act
  • Farm Bills

Farm Bill
  • New bill enacted every few years - Most recent is
  • Conservation Reserve Program - Sodbuster
  • Purchasing land to retire from production
  • Wetlands Reserve Program - Sodbuster
  • Purchasing of easements on farm wetlands
  • Environmental Quality Incentives Program
  • Financial support for environmental improvement
  • Major reductions on erosion
  • From 21 to less than 2 tons/acre/year on CRP
  • Administered by USDA NRCS

Wildlife/Species Protection
  • Marine Mammal Protection Act - 1972
  • Fish and Wildlife Coordination Act - amended 1958

Cultural/Historic Resources
  • Historic Sites, Buildings and Antiquities Act of
  • Archeological and Historic Preservation Act, as
    amended - 1974
  • National Historic Preservation Act - 1965
  • Archeological Resources Protection Act of 1979

Water Resources
  • Estuary Protection Act - 1968
  • Wild and Scenic Rivers Act - 1968
  • Marine Protection, Research, and Sanctuaries Act
    of 1972
  • Outer Continental Shelf Lands Act, as amended -

Energy Related Laws
  • Federal Power Acts - 1920, 1935
  • Relicensing of Hydro Projects
  • Now handled by FERC
  • Energy Policy Conservation Act - 1975
  • CAFE Standards
  • Energy Security Act - 1980
  • Pacific Northwest Electric Power Planning and
    Conservation Act - 1980
  • Energy Policy Act of 1992
  • Energy Policy Act of 2005

To Be Covered in Week 6
  • National Environmental Policy Act
  • State Environmental Policy Act
  • Growth Management Act
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