4 environmental protection
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Environmental Protection
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Environmental Protection Agency
An administrative agency created by
Congress to coordinate the
implementation and enforcement of the
federal environmental protection laws.
Broad rule-making powers
Adjudicative powers
The EPA can initiate judicial proceedings
in court against suspected violators of
federal environmental laws.
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National Environmental Policy Act
Federal statute that mandates that the federal government
consider the adverse impact a federal government action
would have on the environment before the action is
implemented.
Created the Council on EnvironmentalQuality.
Does not apply to action by state or local governments or private
parties.
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Environmental Impact Statement(continued)
EIS must:
Describe affected environment.
Describe impact on environment.
Identify and discuss alternatives.
List resources to be committed.
Contain cost-benefit analysis
Subject to public review and comments.
EPA decisions are appealable to
appropriate U.S. court of appeals.
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Air Pollution
Clean Air Act (as amended)
A federal statute enacted in 1963 to assist states
in dealing with air problems.
The Clean Air Act, as amended (1970, 1977, 1990),provides comprehensive regulation of air quality
in the United States.
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Pollution Sources
Stationary Sources
of Air Pollution
Mobile Sources of
Air Pollution
Nonattainment
AreasToxic Air Pollutants
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Sources of Air Pollution
Stationary sources
States must be identified
Plans must be developed to reduce pollution
Mobile sources
Emission standards set
EPA regulates pollution caused by fuel and fuel
additives
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National Ambient Air Quality
Standards
The Clean Air Act directs the EPA to
establish national ambient air qualitystandards (NAAQS) for certain pollutants.
Standards are set at two levels:
Primary to protect humanbeings
Secondary to protectvegetation, matter, climate,visibility, and economic values
States responsible for enforcement
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Nonattainment Areas
Regions that do not meet air
quality standards.
Five categories, ranging from
marginal to extreme. States must submit compliance
plans.
Failure to develop and implement
approved plan will cause loss of
highway funds and limitations on
new sources of emissions.
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Water Pollution
Comprehensive scheme of statutes and regulations to preventand control water pollution.
Federal Water Pollution Control Act (FWPCA) of 1948 (asamended):
Clean Water Act of 1972
Clean Water Act of 1977
Clean Water Quality Act of 1987
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Point Sources of Water Pollution
Sources of water pollutionsuch as paper mills,manufacturing plants, electric
utility plants, and sewageplants.
Dischargers must keep
records, maintain monitoringequipment, and keep samplesof discharge.
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Thermal Pollution
Heated water or material discharged into
waterways that upsets the ecological balance
and decreases the oxygen content
Sources subject to Clean Water Act
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Wetlands
Areas that are inundated or saturated by
surface water or ground water that support
vegetation typically adapted for life in such
conditions
Clean Water Act forbids filling or dredging of
wetlands without permit from Army Corps of
Engineers.
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Safe Drinking Water Act
Authorizes the EPA to establish national
primary drinking water standards.
Prohibits the dumping of wastes into wells
used for drinking water.
The states are primarily responsible for
enforcing the act.
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Ocean Protection
Marine Protection, Research, and Sanctuaries
Act
Extended environmental protection to the oceans.
Requires a permit for dumping wastes and other
foreign materials into ocean waters.
Establishes marine sanctuaries in ocean waters
and in the Great Lakes and their connectingwaters.
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Oil Spills
Oil Pollution Act of 1990 requires oil industry to adopt
procedures and contingency plans.
The Clean Water Act authorizes the U.S. government to clean
up oil spills and spills of other hazardous substances in ocean
waters.
The government can recover cleanup costs from responsible parties.
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Toxic Substances
Chemicals used for agricultural, industrial, and mining uses
that cause injury to humans, birds, animals, fish, and
vegetation.
Key federal laws:
Insecticide, Fungicide, and Rodenticide Act of
1947 (as amended in 1972)
Toxic Substances Control Act of 1976
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Hazardous Waste
Hazardous Waste
Solid waste that may cause or significantlycontribute to an increase in mortality or seriousillness or pose a hazard to human health or theenvironment if improperly managed
Land Pollution
Pollution of the land that is generally caused byhazardous waste being disposed of in an impropermanner
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Toxic Substances Control Act
Requires manufacturers and processors to test
new chemicals to determine their effect on
human health and the environment before the
EPA will allow them to be marketed.
EPA establishes standards.
Requires stationary sources to control emissions.
EPA can limit or prohibit manufacture and sale,
or remove it from commerce.
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Insecticides, Fungicides, and Rodenticides
Requires pesticides, herbicides, fungicides, and rodenticides
to be registered with the EPA.
The EPA may deny, suspend, or cancel registration.
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Land Pollution
Resource Conservation and Recovery Act (RCRA) of 1976
Federal statute that authorizes the EPA to regulate
facilities that generate, treat, store, transport, and
dispose of hazardous wastes. States have primary responsibility for
implementing the standards established by the act
and EPA regulations.
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Superfund
Comprehensive Environmental
Response, Compensation & Liability Act
Administered by the EPA
Gives the federal government a mandateto deal with hazardous wastes that have
been spilled, stored, or abandoned.
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Superfund (continued)
The Superfund requires the EPA to:
Identify sites in the U.S. where hazardous wastes have been disposed,stored, abandoned, or spilled, and
Rank these sites regarding the severity of risk
The hazardous waste sites with the highest ranking are put on aNational Priority List
The law provides for the creation of a fund to finance the cleanup ofhazardous waste sites
Can order polluter or landowner to pay for cleanup
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Radiation Pollution
Emissions from radioactive wastes that can
cause injury and death to humans and other
life and can cause severe damage to the
environment.
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Nuclear Regulatory Commission
Licenses the construction and opening of
commercial nuclear power plants.
Continually monitors the operation of nuclear
power plants and may close a plant if safety
violations are found.
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EPA
Empowered to set standards for radioactivity
in the environment and to regulate the
disposal of radioactive waste.
Regulates thermal pollution from nuclear
power plants.
Regulates emissions from uranium mines and
mills.
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Endangered Species
Endangered Species Act
Federal statute that protects endangered and threatened speciesof animals.
The Secretary of the Interior is empowered to declare a form ofwildlife endangeredor threatened.
The act requires the EPA and the Department of Commerce todesignate critical habitats for each endangered and threatenedspecies.
The act prohibits the taking of any endangered species.
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Federal Wildlife Laws
Migratory Bird Treaty Act
Bald Eagle Protection Act
Wild Free-Roaming Horses and
Burros Act
Marine Mammal Protection Act Migratory Bird Conservation Act
Fishery Conservation and
Management Act
Fish and Wildlife Coordination Act
National Wildlife Refuge System
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State Environmental Protection Laws
Many state and local
governments have enacted
statutes and ordinances to
protect the environment.
States are entitled to set
pollution standards that are
stricter than federalrequirements.