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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.