[PPT] - Overview Environmental Law Environmental Regulations Environmental PowerPoint Presentation

SLIDE 1

A Brief History of Environmental Regulation

Why You Need to Understand the Past to Influence the Future

Richard Myers

Principal Consultant EHS Business Solutions

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Overview

Environmental Law Environmental Regulations Environmental Law and Regulations Economic Considerations Cost-Benefit Analysis of Federal and Environmental Regulations Environmental Risk Six Stages in the History of Environmental Law Environmental Progress and Goals

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Combination of:

– Common Law

Primary source of dealing with

environmental problems before 1970’s

– Constitutional Law – Legislation – International Agreements – Regulations

Legal Architecture

– Environmental Statues and Common Law

verlap (“patch-work”)

– Environmental Law resembles a shack on Tobacco Road rather than a Gothic Cathedral

Environmental Law

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Regulations formulated by agencies (e.g. US EPA)
Regulators need to design regulations to “fit” a diverse variety of targets
Industrial targets are the easiest form of regulation

– Fewer facilities than individuals

Consist of four components:

Environmental Regulations

Society senses a problem that it believes requires some regulatory response

risk to health damage to the environment

It identifies a regulatory target

product pollutant industrial facility government agency land use individual

It selects some basis for establishing controls to combat the problem

technology

based

risk-benefit balancing health-based regulations

It chooses a type of regulation

design standards performance standards information standards ambient standards liability rules taxes

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Economic Drivers for Reducing Emissions in Industries

– The protection and cost of public health – To prevent compliance penalties from surpassing permit requirements

Control Mechanisms

– No “one-size-fits-all” economic approach for environmental problems

Command-and-Control Approach

– Successful in controlling large point sources of pollution (e.g. industries) – e.g. Industry XYZ needs to reduce their x emission to y ppm

Performance Base

– e.g. Industry XYZ needs to reduce their x emission by y%

Economic Incentives
Environmental spending creates jobs that offset losses
Regulated facilities can actually increase energy efficiency through

technological changes, such as cogeneration

Implementation of environmental regulations to prevent adverse effects

cost the private sector about $200 billion per year

About 2% of the GDP is spent on environmental protection

Economic Considerations

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Where reasonable and practicable, AVOID the risk

– Eliminating toxic chemicals to lower pollution risk – Modifying a process (e.g. eliminating dust by using a wet scrubber instead of a dry one or burning gas instead of coal to reduce emissions) – Pollution control devices (e.g. ESP, Baghouses) – Infrastructure changes

Environmental Risk in Industries EPA’s Environmental Risk Hierarchy

AVOID ELIMINATE CONTROL MANAGE

Manage the risk to ELIMINATE harm

– Stricter Management to block the pathway between the hazard and the receptor (e.g. monitoring and collection systems) – Reuse and recirculation of waste to eliminate emissions and discharge

Manage the risk to CONTROL the degree of harm

– Disperse air emission in a manner that reduces ground-level contamination – Process monitoring

Retain the risk but MANAGE the consequence

– Emergency management plan will minimize adverse effects of an event

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Pre-1945 Common Law and Conservation Era 1945-1962 Federal Assistance for State Programs 1962-1970 Rise of the Modern Environmental Movement 1979-1980 Erecting the Federal Regulatory Infrastructure 1980-1990 Extending and Refining Regulatory Strategies 1991- Present Regulatory Recoil and Reinvention

Six-Stages in the History of U.S. Environmental Law

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Pre-1945 The Common Law and Conservation Era

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Legislation initially focused on

resource conservation

Important Dates:

– 1872: Congress passed the Yellowstone Act – 1899: Rivers and Harbors Act – 1906: Pure Food and Drug Act – 1901: Missouri v. Illinois and the Sanitary District of Chicago (180 U.S. 208) – 1907: Georgia v. Tennessee Copper Company and Ducktown Sulphur (206 U.S. 230 ) – 1927: Great Mississippi Flood

Pre-1945 Common Law and Conservation Era 1945-1962 Federal Assistance for State Programs 1962-1970 Rise of the Modern Environmental Movement 1979-1980 Erecting the Federal Regulatory Infrastructure 1980-1990 Extending and Refining Regulatory Strategies 1991- Present Regulatory Recoil and Reinvention Early 1900’s the production of Tetraethyl lead (TEL) found in gasoline caused widespread outbreaks of lead poisoning throughout the nation. In 1971, with the addition of lead paints and mining the Lead-Based Paint Poisoning Prevention Act passed to phase-out lead in gasoline, paint and other exposure routes.

http://www.historicvehicle.org/News/Articles/All-Articles/2012/02/23/Automotive-History

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1945-1962 Federal Assistance for State Problems

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Federal government encouraged

states to adopt their own control measures

– State and local government held responsibility for environmental problems

Important Dates:

– 1948: Water Quality Act – 1955: Department of Health, Education and Welfare conducts a 5-year program of air pollution research – 1955: Air Pollution Control Act

Pre-1945 Common Law and Conservation Era 1945-1962 Federal Assistance for State Programs 1962-1970 Rise of the Modern Environmental Movement 1979-1980 Erecting the Federal Regulatory Infrastructure 1980-1990 Extending and Refining Regulatory Strategies 1991- Present Regulatory Recoil and Reinvention

http://nypost.com/2013/04/18/reflecting-on-the-1947-texas-city-disaster/

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1962-1970 The Rise of the Modern Environmental Movement

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Era produced landmark legislation from

increased concern over the environmental impacts of public works

– Traced to the publication of Rachel Carson’s, Silent Spring

Pre-1970, most regulations were aimed

at government rather than industry

Important Dates:

– 1963: Clean Air Act of 1963 – 1964: Wilderness Act – 1970: NEPA (National Environmental Policy Act)

Landmark legislation-changed the way

environmental decisions were made

Pre-1945 Common Law and Conservation Era 1945-1962 Federal Assistance for State Programs 1962-1970 Rise of the Modern Environmental Movement 1979-1980 Erecting the Federal Regulatory Infrastructure 1980-1990 Extending and Refining Regulatory Strategies 1991- Present Regulatory Recoil and Reinvention Cuyahoga River 1969

http://oceanservice.noaa.gov/education/kits/pollution/media/supp_pol02d.html

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1970-1980 Erecting the Federal Regulatory Infrastructure

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Considered the “environmental decade”
Most environmental laws began in this era
Important Aspects:

– Mandated agencies to consider the environment and prohibited actions that may threaten endangered species – Initiated controls on air and water pollution, hazardous waste and toxic substances

State assistance programs were replaced

with the CAA and CWA

– CAA: health-based standards – CWA: technology-based effluent standards

First Earth Day on April 22, 1970
EPA formed on December 2, 1970

– Brings together 15 federal programs

Pre-1945 Common Law and Conservation Era 1945-1962 Federal Assistance for State Programs 1962-1970 Rise of the Modern Environmental Movement 1979-1980 Erecting the Federal Regulatory Infrastructure 1980-1990 Extending and Refining Regulatory Strategies 1991- Present Regulatory Recoil and Reinvention 1978: Love Canal chemical waste dump

http://ashleydawson.info/tag/love-canal/

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Significant Federal Environmental Legislation in this decade

1970-1980 Erecting the Federal Regulatory Infrastructure

Pre-1945 Common Law and Conservation Era 1945-1962 Federal Assistance for State Programs 1962-1970 Rise of the Modern Environmental Movement 1979-1980 Erecting the Federal Regulatory Infrastructure 1980-1990 Extending and Refining Regulatory Strategies 1991- Present Regulatory Recoil and Reinvention

1970

Clean Air Act (CAA)

1972

Federal Water Pollution Control Act (CWA) Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Marine Protection, Research and Sanctuaries Act (Ocean Dumping Act)

1973

Endangered Species Act (ESA)

1974

Safe Drinking Water Act (SDWA)

1976

Toxic Substances Control Act (TSCA) Resource Conservation and Recovery Act (RCRA)

1980

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

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1970-1980 Erecting the Federal Regulatory Infrastructure

Pre-1945 Common Law and Conservation Era 1945-1962 Federal Assistance for State Programs 1962-1970 Rise of the Modern Environmental Movement 1979-1980 Erecting the Federal Regulatory Infrastructure 1980-1990 Extending and Refining Regulatory Strategies 1991- Present Regulatory Recoil and Reinvention

Percival, Robert V. Environmental Regulation: Law, Science, and Policy. Austin: Wolters Kluwer Law & Business, 2009.

Industry Example

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1980-1990 Extending and Refining Regulatory Strategies

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Original laws were updated and amendments

were added to the following laws:

– RCRA updated 1984 – CERCLA updated 1986 – SDWA updated 1986 – CWA updated 1987 – CAA updated 1990

“Hammer” Provisions

– Set strict deadlines and increased penalties for agencies to adopt regulations – Found in many regulations, such as RCRA,TSCA, and HSWA

Important Dates

– 1986: Emergency Planning and Right-to- Know Act (EPCRA)

Toxic Releases Inventory (TRI)

– 1986: Superfund Amendments and Reauthorization Act (SARA)

Pre-1945 Common Law and Conservation Era 1945-1962 Federal Assistance for State Programs 1962-1970 Rise of the Modern Environmental Movement 1979-1980 Erecting the Federal Regulatory Infrastructure 1980-1990 Extending and Refining Regulatory Strategies 1991- Present Regulatory Recoil and Reinvention December 1982: The people of Times Beach, Missouri were forced to leave their town because the EPA found high levels of dioxin in the soil,

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1991-Present Regulatory Recoil and Reinvention

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Environmental regulations began to

weaken from 1992-2000

Important Dates

– 1995: Unfunded Mandates Reform Act – 1995: Project XL (Excellence and Leadership)

Made agencies more efficient by

removing unnecessary regulations

– 1996: Small Business Regulatory Enforcement Fairness Act

Recent Major Oil Spills

– 2010: Deepwater Horizon – 2010: Kalamazoo River oil spill – 2008: New Orleans Oil Spill – 1990: Mega Borg Tanker Explosion – 1989: Exxon Valdez – 1988: Ashland Oil Spill

Pre-1945 Common Law and Conservation Era 1945-1962 Federal Assistance for State Programs 1962-1970 Rise of the Modern Environmental Movement 1979-1980 Erecting the Federal Regulatory Infrastructure 1980-1990 Extending and Refining Regulatory Strategies 1991- Present Regulatory Recoil and Reinvention April 20, 2010: The Deepwater Horizon oil spill is considered the largest accidental marine oil spill in history. This explosion claimed 11 lives, displaced wildlife and discharged an estimated 4.9 million barrels of oil.

http://theenergycollective.com/francesbeinecke/214071/three- years-later-act-lessons-bp-disaster

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Environmental Progress

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From the Council on Environmental

Quality 25th Anniversary Report:

– Since the start of environmental laws and regulations:

Significantly reduced conventional

air and water pollution as well as lead levels

Globally phased out of CFC’s
Total emissions of six critical air

pollutants declined 24% since 1970

Due to environmental laws and

regulations, emissions have reduced and the global average life expectancy increased by 8 years.

Further environmental progress will

be increasingly difficult

http://www.eecuk.co.uk/energy-efficiency-climate-change-and-the-city-of-london/

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Environmental Goals

in the Next 25 Years

http://www.zmescience.com/ecology/climate/climate-change-classroom-20022012/ http://livinggreenmag.com/2013/08/05/climate-change/bringing-the-world-back-to-zero-carbon-

utput-infographic/
Driver of future clean water initiatives
GHG reductions especially from stationary sources

Climate Change:

Stricter ambient air quality standards for ozone layers by

enforcing more command-and-control approaches

Tighter regulations for criteria air pollutants, HAPs, and GHGs
Cleaner and more efficient power sector to reduce

emissions

Implementing a carbon tax
Estimates vary widely, but generally $20 to $25/ton
“zero emissions” and “carbon zero”

Air Quality:

Modernize TSCA
Improved health assessments regarding

contaminants Chemical Safety:

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End of “environmental racism”
Focus on local environmental challenges
Restore Superfund Tax

Cleaning Up Communities:

Address challenges regarding nutrient overloads in water

sources

Development of Nutrient Trading
Recovery Act that focuses on funding water infrastructure
“zero discharge” by adding stricter regulations on water

reclamation and recycling

Water:

Bipartisanship within the government
Developing an effective environmental compliance program
Programs that are thorough and can quickly adapt to new changes in

environmental laws

Shift in environmental policy agenda to address more

challenging, diffused set of environmental problems

Legislative:

Environmental Goals

in the Next 25 Years

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“Nobody did a greater mistake than he who did nothing because he could only do a little.”

Edmund Burke

Irish Philosopher, Author, Orator, and Political Theorist

Closing Remarks

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Australia. EPA. Environmental Regulation Using a Risk-based Approach. By
EPA. 2007.

Robert, Hahn. "Counting Regulatory Benefits and Cost: Lessons for the U.S. and Europe." Brookings. Joint Center, Oct. 2004. Web. <http:// www.brookings.edu/~/media/research/files/articles/2004/10/regulatory %20litan/10_regulatory_litan.pdf>. Pizer, William, and Raymond Kopp. Calculating the Costs of Environmental

Regulations. Resources for the Future, 2003. Web. <http://www.rff.org/

Documents/RFF-DP-03-06.pdf>. Percival, Robert V. Environmental Regulation: Law, Science, and Policy. Austin: Wolters Kluwer Law & Business, 2009. The Brattle Group. "Emerging Environmental Regulations and Impacts on the U.S. Coal Fleets." Lecture. 24 Jan. 2011. Web. <http:// www.brattle.com/_documents/UploadLibrary/Upload983.pdf>. World Resources Institute. "For EPA Regulations, Cost Predictions Are Overstated." WRI Fact Sheet. Nov. 2010. Web. <http://pdf.wri.org/ factsheets/ factsheet_for_epa_regulations_cost_predictions_are_overstated.pdf>.