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EPA IMPLEMENTATION OF ENVIRONMENTAL LEGISLATION. Creating A Law Requires an Act of Congress and Agreement by the President of the U.S.: Events
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1. Personal Observations of Environmental Engineering at the U.S. Environmental Protection Agencyon the Occasion of Rensselaer’s 50th Anniversary Environmental Engineering Colloquium K. Jack Kooyoomjian, Ph.D.
RPI Class of 1974
2. EPA IMPLEMENTATION OF ENVIRONMENTAL LEGISLATION Creating A Law Requires an Act of Congress and Agreement by the President of the U.S.: Events & Issues Create Such Legislation
The Agency Operates in a “Fishbowl”: It’s A Very “Public” Process
Creating A Regulation Implements the Legislation
The Whole Process Creates a Need for Technical Staff/Support
Must Study & Understand Issues
Stakeholder & Public Involvement
Develop Federal Register Notices of Proposed & Final Rules
Prepare Technical Background Docs, Preamble, Public Docket, etc.
Effluent Guidelines Example
Superfund & RCRA Regulatory Support Examples
3. ENVIRONMENTAL LEGISLATION 1899 Rivers and Harbors Act (Hazards to Navigation & Commerce)
1947 Federal Insecticide, Fungicide, and Rodenticide Act
1948 Water Pollution Control Act (PL 80-845)
1955 Clean Air Act
1965 Shoreline Erosion Protection Act
1965 Solid Waste Disposal Act
1965 Water Quality Act (PL 89-234)
1966 Clean Waters Restoration Act (PL 89-753)
1969/70 National Environmental Policy Act:
Signed into Law Jan 1,1970
EPA is created as well as NOAA and CEQ
1970 Pollution Prevention Packaging Act
4. ENVIRONMENTAL LEGISLATION
1970 Resource Recovery Act
1970 Water Quality Improvement Act (PL 91-224)
1971 Lead-Based Paint Poisoning Prevention Act
1972 Coastal Zone Management Act
1972 Marine Protection, Research, and Sanctuaries Act
1972 Ocean Dumping Act
1972 Water Pollution Control Act (PL 92-500)
1973 Endangered Species Act
1974 Safe Drinking Water Act
1974 Shoreline Erosion Control Demonstration Act 1975 Hazardous Materials Transportation Act
5. Environmental Legislation 1976 Resource Conservation and Recovery Act
1976 Toxic Substances Control Act (PL 94-469)
1977 Clean Water Act (PL 95-217) & Its Amendments
1977 Surface Mining Control and Reclamation Act
1978 Environmental Research, Development, and Demonstration
Authorization Act (ERDDAA, 42 USC 4365)
1978 Uranium Mill-Tailings Radiation Control Act
1978 Asbestos School Hazard Detection and Control Act
1980 Comprehensive Environmental Response, Compensation, and Liability Act
1982 Nuclear Waste Policy Act
1984 Asbestos School Hazard Abatement Act
6. ENVIRONMENTAL LEGISLATION 1986 Asbestos Hazard Emergency Response Act
1986 Emergency Planning and Community Right to Know Act
1987 Water Quality Act (PL 100-4)
1988 Indoor Radon Abatement Act
1988 Lead Contamination Control Act
1988 Medical Waste Tracking Act
1988 Ocean Dumping Ban Act
1988 Shore Protection Act
1990 National Environmental Education Act
1990 Oil Pollution Control Act
1990 Pollution Prevention Act …others, and
2002 Homeland Security Act
7. PRESIDENTIAL EXECUTIVE ORDERS Presidential Executive Orders Overlay the Process …see examples
Indian Tribal Governments below
Marine Protected Areas
To Protect Migrating Birds
Regulations That Significantly Affect Energy Supply, Distribution and Use
Federal Workforce, Transportation
“Greening” the Government & Transportation Efficiency
“Greening” the Government thru Leadership in Environmental Management
Environmental Review of Trade Agreements
Developing & Promoting Bio-based & Bioengineering
“Greening” the Government thru Efficiency Management
8. PRESIDENTIAL EXECUTIVE ORDERS “Greening” the Government thru Waste Prevention, Recycling & Federal Acquisition
Coral Reef Protection
Protection of Children from Environmental Health Risks & Safety Risks (Exec Order 13045 April 1997)
Energy Efficiency & Waste Conservation at Federal Facilities (Exec Order 12902, March 1994)
Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (Exec Order 12898, Feb 1994)
Federal Use of Alternative Fueled Cars (Exec Order 13101, Nov. 1993)
Presidential Executive Orders Can & Have Been Issued & Recalled, Depending on Administration Policy
9. CEQ Regs Implementing NEPA NEPA of 1969 as amended (Pub. L. 91-190, 42 USC 4321-4347, Jan 1, 1970, as amended by Pub. L. 94-54, July 3, 1975, …)
Environmental Impact Statement
NEPA & Agency Planning
Commenting
Pre-Decision Referrals to the Council of Proposed Federal Actions Determined to be Environmental
Agency Compliance with NEPA
10. State/Local Government Role in Environmental Programs States Administrate Many Environmental Statutes & Regulations
State Laws, Administrative Rules, Regulations, Codes & Statutes
Standards Cannot be Less Restrictive than the Federal Government, but May be More Restrictive
Localities Administer Ordinances, Codes & Statutes, Comprehensive Plan Process
States & Localities Deal With All Manner of Issues: e.g., Agriculture, Air Pollution & Air Quality, Acid Deposition, Dams, Ecosystem Management, Endangered Species, Energy Conservation, Environmental Conservation, Environmental Remediation, Environmental Treaties, Fisheries Conservation & Management, Environmental Health, Hazardous Waste Management, Land-Use, Municipal Landfills, Natural Resource Management, Non-Point Sources, Public Health, RCRA Implementation & Compliance, Solid Waste Management, “Smart-Growth,” Storm-Water Management, Suburban Sprawl, Sustainability, Superfund Site Cleanups, Transportation Issues, Water, Wildlife Management – & many others.
11. Environmental Protection Agency A Decentralized Organization: 10 Regions, Labs & Field Offices
“Stove Pipe” Legislation Still Does Heavily Drive Programs
Work With the States in Implementation of Programs (e.g., RCRA Permitting, NPDES Permits, Wetlands issues, etc.) is Essential
Other Agencies, Dept., Commissions are Involved [e.g., CDC, HDS, DOD (includes U.S. Army Corps of Engineers), DOE, DOI, NIH, NRC, NIST, USDA, etc.]
Need for More Integrated Cross-Media Problem-Solving and Issue Management, as Risk Assessment/Risk Management Coordination
Emphasis on Risk Reduction, Harmonization, Integrated Risk, Benchmarking & Sustainability
Since 9/11, More Emphasis on Homeland Security Issues (Water Supply, Wastewater Treatment Plants, Information Security, Web Access, etc)
12. SCIENCE ADVISORY BOARD Established by Congress in 1978 by the Environmental Research, Development, and Demonstration Authorization Act (ERDDAA, 42 USC 4365)
Emphasis on Providing the Administrator & the U.S. Congress with outside, independent advice on scientific, engineering &, economics & social science issues that impact the technical basis for EPA positions, regulations, research plans, etc.
Since It’s Inception, the SAB has Published over 600 Reports, Commentaries, Advisories, Consultations, etc.
Among Many of the SAB “Messages” is that Ecosystem Health is as Important as Public Health, More Attention Needs to be Paid to Cross-Media Issues, and Integrated Risk Assessment is Difficult to Achieve, but is to be Encouraged.
13. SCIENCE ADVISORY BOARD The Board (Currently around 35 members)
Standing Committees Include DWC, EPEC, EEAC, EEC, EHC/IHEC, RAC, & Separately Chartered CASAC & COUNCIL (totals around 100)
Many Ad Hoc Panels: (Includes Approx. 300)
(e. g. Children’s Health, Regulatory Environmental Models, Second Generation Model, etc.)
For SAB Reports, Meetings, etc. go to www.epa.gov/sab
14. Fresh Water Institute Beginnings 1965- 1975 Time-Frame
“Gull Bay” on East Side of Lake George (Town of Putnam) leased from Mr. Harold Strang (RPI Trustee & VP GE, Retired)
Dr. Richard Folsom, President of RPI &
Dr. Clayton Dohrenwend, Provost of RPI
Obtained NY State Science & Technology Foundation Grant to purchase Specialty Laboratory Equipment
Research Theme was discussed with & endorsed by Dr. C. Mervin Palmer, Dr. Cornelius Weber & Mr. Kenneth Mackenthun of the US PHS/ FWPCA
RPI’s Proposal for the FWI was taken to Wash., DC and received funding through US DOI’s OWRR & US PHS FWPCA (later FWQA – the pre-US EPA Organization)
15. Fresh Water Institute Beginnings Multi-Disciplinary, multi-institutional Proposal to US National Committee of the International Biological Program (IBP)
Lake George was Selected as a Study Site in the Eastern Deciduous Forest Biome (EDFB) within the US IBP
Management for the EDFB resided with the Oak Ridge National Lab, with Dr. Stanley I. Auerbach as the Biome Director
The US IBP Received Multi-Year Funding from NSF’s Ecosystem Analysis Division
Many Graduate Students were supported by the FWI, not only at RPI, but also at other district-area universities
16. Fresh Water Institute Beginnings Dr. Alfred E. Emerson. Noted Pioneering (retired) Ecologist from the University of Chicago was “Honorary Advisor” to the IBP Research at Lake George, where he Resided
Mr. David M. Darrin Visited “Gull Bay” Lab & become benefactor (and later Mrs. Peggy Darrin) for the Lake George Water Research Center (LGWRC), later named the Fresh Water Institute, which continues today
Dr. Ruth Patrick (noted Limnologist) & President of the Philadelphia Academy of Natural Sciences visited the FWI & favorably received its mission
An Endowment was Obtained for the FWI from the UPS Foundation (formerly the 1907 Foundation), and continues today. UPS Funded Workshops at Lake George with Acadame, Gov’t & Industry. These Workshops were hosted by Dr. Emil. Mrak, Chancellor Emeritus, UC Davis
17. THANKS TO PROF. KILCAWLEY & THOSE THAT FOLLOWED, & THOSE THAT CONTINUE THE LEGACY, ENVIRONMENTAL ENGINEERING AT RPI HAS A LEGENDARY, NOBLE & COMMENDABLE PAST, AS WELL AS A BRIGHT & SUSTAINABLE FUTURE ! End of Talk