1. ENVIRONMENTAL PROTECTION AND GLOBAL WARMING
CHAPTER 45
ENVIRONMENTAL PROTECTION AND GLOBAL WARMING
© 2010 Pearson Education, Inc., publishing as Prentice-Hall

2. Environmental Protection Agency
Created in 1970 to coordinate implementation and enforcement of federal environmental laws.
Broad rule-making powers
Adjudicative powers
EPA can initiate judicial proceedings against suspected violators of federal environmental laws.

3. National Environmental Policy Act
Mandates that federal government must consider the adverse impact a federal government action would have on the environment before the action is implemented.
E.g., when new highway planned, or government considering licensing a nuclear power plant.

4. Environmental Impact Statement
Must be prepared for all federal action that significantly affects the quality of the human environment.
To provide information about the environment so that government can determine feasibility of the project.

5. Environmental Impact Statement (continued)
EIS must:
Describe affected environment.
Describe impact of project.
Identify and discuss alternatives.
List resources to be committed.
Contain cost-benefit analysis.
Subject to public review and comments.
EPA decisions appealable to appropriate U.S. court of appeals.

6. Clean Air Act
First enacted in 1963 to assist states in dealing with air problems.
Amended in 1970, 1977, 1990.
Provides comprehensive regulation of air quality in the United States.

7. Stationary Sources of Air Pollution Mobile Sources of Air Pollution
Pollution Sources
Stationary Sources of Air Pollution
Mobile Sources of Air Pollution
Nonattainment Areas
Toxic Air Pollutants 3

8. Sources of Air Pollution
Stationary sources
E.g., industrial plants, oil refineries, public utilities.
States must identify major sources and develop plans to reduce pollution.
Mobile sources
Automobiles, airplanes, and other vehicles.
CAA sets emission standards, requires air pollution controls on vehicles.

9. National Ambient Air Quality Standards
EPA sets standards for certain pollutants.
E.g., carbon monoxide, lead, particulates.
Standards set at two levels:
Primary – to protect human beings.
Secondary – to protect vegetation, matter, climate, visibility, and economic values.
States responsible for enforcement.
Prepare state implementation plans.
Federal EPA monitors compliance.

10. 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.

11. Clean Water Act First enacted in1948, amended several times.
Provides comprehensive regulation of water quality.
Drinking water sources.
Recreational sources.
Agricultural and industrial uses.
Protection of fish and wildlife.
Primarily enforced by states.

12. Point Sources of Water Pollution
Sources of water pollution such as paper mills, manufacturing plants, electric utility plants, and sewage plants.
Dischargers must obtain permits, keep records, maintain monitoring equipment, and keep samples of discharge.

13. Thermal Pollution
CWA prohibits heated water or material discharged into waterways that upsets the ecological balance and decreases the oxygen content.
Regulation of electric utility companies, manufacturing facilities to prevent.

14. Wetlands
Areas that are inundated or saturated by surface water or ground water that support vegetation typically adapted for life in such conditions.
E.g., swamps, marshes.
CWA forbids filling or dredging of wetlands or navigable waters without permit from Army Corps of Engineers.

15. 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.
States primarily responsible for enforcing the act.

16. 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 connecting waters.

17. Oil Spills
Oil Pollution Act of 1990 requires oil industry to adopt procedures and contingency plans.
CWA authorizes the U.S. government to clean up oil spills and spills of other hazardous substances in ocean waters.
Government can recover cleanup costs from responsible parties.

18. Toxic Substances
Chemicals used for agricultural, industrial, and mining that cause injury to humans, birds, animals, fish, and vegetation.
Key federal laws:
Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Toxic Substances Control Act (TSCA)

19. Toxic Substances Control Act
EPA identifies toxic pollutants.
E.g., mercury, benzene.
EPA sets standards for these chemicals without regard to economic or technological feasibility.
EPA requires stationary sources to control emissions, manufacturers to test new chemicals; may limit manufacture or sale.

20. Insecticides, Fungicides, and Rodenticides
Products must registered with EPA before being sold.
EPA may deny, suspend, or cancel registration.
E.g., DDT.

21. Resource Conservation and Recovery Act (RCRA)
Regulates hazardous waste: solid waste that may cause or significantly contribute to an increase in mortality or serious illness or pose a hazard to human health or the environment if improperly managed.
Regulates facilities that generate, treat, store, transport, and dispose of hazardous wastes.
States have primary responsibility for implementing standards established by the Act.

22. Superfund
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
Administered by EPA.
Gives the federal government a mandate to deal with hazardous wastes that have been spilled, stored, or abandoned.

23. Superfund (continued)
EPA identifies sites where hazardous wastes have been disposed, stored, abandoned, or spilled, and ranks these sites regarding the severity of risk.
Sites remediated using money from responsible parties or money from Superfund.
Generator, transporter, former or current owner of site may be held liable.
Responsible parties liable without regard to fault.

24. 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.

25. Radiation Pollution (continued)
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.

26. 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.

27. Global Warming Kyoto Protocol signed by 178 countries in 2001.
U.S. did not sign.
Calls for reduction of greenhouse gases to 5.2% below 1990 levels by 2012.
Creates fund to help developing countries adopt technologies to reduce greenhouse gases.

28. Endangered Species Act
Secretary of the Interior is empowered to declare a form of wildlife endangered or threatened.
Act requires EPA and the Department of Commerce to designate critical habitats for each endangered and threatened species.
Act prohibits the taking of any endangered species.

29. 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

30. State Environmental Protection Laws
Many state and local governments have enacted statutes and ordinances to protect the environment.
E.g., Florida laws to protect Everglades.
States are entitled to set pollution standards that are stricter than federal requirements.