Federal Environmental Policy: A Summary Overview

1. Federal Environmental Policy:A Summary Overview Roy R. Carriker, Ph.D. Professor of Food and Resource Economics University of Florida

2. National Environmental Policy Act (NEPA)--1970 • January 1, 1970: signed into law by President Richard M. Nixon. • Purpose: to require Federal agencies to consider environmental impacts. • Requires an Environmental Impact Statement (EIS) for all proposed Federal actions that might effect quality of the environment.

3. NEPA (continued) • Environmental Impact Statement must identify: • Adverse environmental impacts that cannot be remedied. • Alternatives to the proposed action. • Relationship between local, short-term use of environment and maintenance of long-term productivity of the environment. • Any irreversible commitments of resources.

4. NEPA (continued) • Created the Council on Environmental Quality (CEQ) in the Executive Office of the President. • CEQ (with EPA) monitors NEPA compliance. • CEQ serves as environmental policy advisor to the President. • Courts have halted Federal projects for failure to meet procedural (EIS) requirements of NEPA

5. Clean Air Act (CAA)--1970 • Purpose: to create a strong Federal role in regulating air quality. • EPA may delegate regulation of “stationary sources” to states, subject to approved “State Implementation Plan (SIP).” • EPA set National Ambient Air Quality Standards (NAAQS) for particulates, sulfur dioxide, nitrogen dioxide, carbon monoxide, ozone and lead. • 1990 amendments, Congress listed 189 chemicals requiring EPA (through the states) to regulate as “Hazardous Air Pollutants (HAPS).”

6. Clean Air Act (Continued) • EPA regulates “mobile sources.” • Tailpipe emission standards for new cars, buses and trucks. • Phased out lead additives in fuel. • 1990 amendments created market-oriented permit system to reduce sulfur dioxide/acid precipitation.

7. Clean Water Act--1972 • Purpose: eliminate the discharge of pollutants into waters of the United States. • Regulation of point sources/surface water • EPA sets effluent standards • EPA requires permit of anyone discharging into waters of the United States. • Applicant must meet effluent standards to qualify for a permit. • This program is called “National Pollutant Discharge Elimination System (NPDES)”.

8. Clean Water Act (continued) • Authorized Wastewater Treatment Construction grants/loans. • Requires dischargers to adopt Best Available Waste Treatment Technology. • Directs Corps of Engineers to require a permit for deposition of dredged or fill materials into navigable waters. • Definition of “waters of the United States” includes certain wetlands. • Corps must follow EPA environmental guidelines.

9. Clean Water Act (continued) • Non-point sources of water pollution • Authorizes financial and technical assistance to states for “Area-wide Waste Treatment Management Plans”. • Requires state assessment of water quality and specific state implementation plans for reducing water pollution from non-point sources.

10. Federal Environmental Pesticide Control Act--1972 • Purpose: amend Federal Insecticide, Fungicide, and Rodenticide Act to protect environment from pesticides. • Transferred administration of pesticide policy from Agriculture to EPA. • Requires all pesticides to be registered with EPA before they can be sold or used in the U.S.

11. Federal Environmental Pesticide Control Act (continued) • Registrant must demonstrate to EPA that pesticide does not cause “unreasonable adverse effects” on environment. • EPA may suspend or cancel registrations if unforeseen problems arise. • Efficacy is also required for registration.

12. Endangered Species Act--1973 • Purpose: to protect endangered species from extinction and to aid their recovery. • Fish and Wildlife Service and National Marine Fisheries Service are the lead agencies. • Decision to list species uses only biological criteria (not economic nor political criteria).

13. Endangered Species Act--1973 • Agency must designate critical habitat of listed species. • Section 7: Federal agencies must consult lead agency for “jeopardy opinion” if agency project might impact listed species. • Section 9: Prohibits ANYONE from “taking” listed species. • Section 10(a) amendment allows “incidental take” subject to approved Habitat Conservation Plan. • Authorizes Federal cost share to help states implement provisions of the Act.

14. Safe Drinking Water Act--1974 • Purpose: to protect public drinking water from harmful contaminants. • Regulatory program: • EPA to publish National Primary Drinking Water Standards. • Public water supply systems monitor for listed contaminants, report to EPA and state agency. • EPA requires remedial measures in case of violations of purity standards.

15. Safe Drinking Water Act--1974 • State primacy was encouraged. • Authorized EPA to designate “sole source” aquifers. • EPA leads Wellhead Protection Program. • EPA leads Underground Injection Control Program.

16. Resource Conservation and Recovery Act (RCRA)--1976 • Purpose: to assure safe management of solid wastes and hazardous wastes. • Subtitle C: “cradle-to-grave” monitoring for hazardous substances. • Subtitle D: regulates municipal solid waste disposal facilities. • EPA sets standards. • States implement standards.

17. Resource Conservation and Recovery Act (continued) • 1984 Amendments • Revised Federal standards for sanitary landfills. • Subtitle I: regulates underground storage tanks containing petroleum products, pesticides, etc. • Encourages state implementation.

18. Toxic Substances Control Act--1976 • Purpose: to prevent “unreasonable risk of injury to health or the environment” from toxic chemicals. • Requires EPA to inventory chemicals in commercial production and determine which pose “unreasonable risk.” • Authorizes EPA to require testing by industry to see if chemicals present unacceptable risk.

19. Toxic Substances Control Act (continued) • EPA may regulate the manufacture, processing, use, distribution or disposal of toxic chemicals. • EPA may screen new chemicals, ban chemicals. • 1986 amendment required EPA to inspect for and control risks from asbestos in schools. • 1992 amendment required EPA to reduce public exposure to lead from paint.

20. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)--1980 • Purpose: to protect public health and environment from abandoned and uncontrolled hazardous wastes. • Gave EPA $1.6 billion trust fund (SUPERFUND) to clean up contaminated sites. (Another $8.5 billion added in 1986). • Extends strict, joint and several liability, making responsible parties pay for cleanup.

21. CERCLA (Continued) • Requires EPA to list “hazardous substances.” • Encourages state implementation. • 1986 SARA: Title III “right-to-know” provision requires public release of information about chemicals made, stored, and/or released by local businesses.