Course: LLB I Subject: Environmental Law Unit : I 1 Enviornment Laws and Legislations
Jul 19, 2015
Environmental Laws,Environmental Laws,
Regulations, Policies, Regulations, Policies, and Programsand Programs
Objectives
• Understand how environmental laws, regulations, and policies are created.
• Understand the most important environmental laws and regulations.
• Understand environmental policy and the Environmental Management System (eMS).
• Understand the civil and criminal penalties for not complying with environmental laws and regulations.
Introduction
• Safe Rivers and Harbors Act of 1809
• The chemical revolution of the 50s• Legislation from national disasters
National Environmental Policy Act (NEPA)
• Requires environmental consideration for all federally funded actions
• Evaluates potential affects to human health and the environment
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
Hazardous and Solid Waste Amendments (HSWA)
• Passed in 1984• Created the land ban program• Regulated USTs
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
The Clean Water Act (CWA)
• Passed in 1977• Wanted all waters fishable and
swimmable• Created a permit system
The Oil Pollution Act of 1990 (OPA 90)
• Passed in 1990• Result of Exxon Valdez• Deals with oil transfer facilities
The Toxic Substances Control Act (TSCA)
• Passed in 1977• Pre-manufacture notice• Banned the manufacturing, use, and
distribution of certain chemicals:– PCB– DDT
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
• Passed in 1980• Created Superfund• National Priority
List (NPL)
• The military has IRP
The Occupational Safety and Health Act
• Passed in 1970• Created a safe workplace• The MSDS program• Worker’s right-to-know
National Historic Preservation Act (NHPA)
• Protects historic, archeological, and cultural properties
• Many facilities and training sites have these properties
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
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
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.
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
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
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
Environmental Policy
• It is 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
Compliance
• INDIA personnel must comply with federal, state, and Army environmental laws and regulations
• The EPA enforces federal regulations• The EPA may give a state or territory
“primacy” to enforce specific federal regulations
Conservation
• The wise use, improvement, and protection of natural and cultural resources
• All personnel must conserve these resources
Pollution Prevention
• P2 is any practice that reduces pollution
• Actions include:– Using fewer hazardous chemicals– Increasing energy efficiency– Reuse and recycling
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)
Environment Regulations
• Environmental Protection and Enhancement
• Environmental Effects of Army Actions• Natural Resources – Land, Forest, and
Wildlife Management• Cultural Resources Management• Pest Management• Integrated Training Area Management
Agency Differences
• Hazardous Chemical (OSHA)• Hazardous Material (DOT)• Hazardous Substance (EPA)• Hazardous Waste (EPA and
DOT)
What if I get caught?
• Warning letter (NOV)• Administrative order• Civil penalty• Permit action• Civil court• Criminal investigation
References:
• 1. Hazardous Materials Handling, Storage and Disposal Procedures
• 2.Nanda, K.S Environmental Law, 2007