A Brief History of Environmental Regulation

Transcription

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

2 Overview Environmental Law Environmental Regulations Environmental Law and Regulations Economic Considerations Cost-Benefit Analysis of and Environmental Regulations Environmental Risk Six Stages in the History of Environmental Law Environmental Progress and Goals 2

3 Environmental Law 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 overlap ( patch-work ) Environmental Law resembles a shack on Tobacco Road rather than a Gothic Cathedral 3

4 Environmental Regulations 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: 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 4

5 Economic Considerations 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 5

6 Environmental Risk in Industries EPA s Environmental Risk Hierarchy AVOID ELIMINATE CONTROL MANAGE Where reasonable and practicable, AVOID the risk Manage Eliminating the risk to toxic ELIMINATE chemicals to harm lower pollution risk Manage Retain the the Modifying Stricter risk risk Management but to a process MANAGE CONTROL (e.g. to block the the eliminating consequence degree of harm the pathway dust by between using a the wet hazard scrubber and instead the receptor of a Disperse air emission in a manner that reduces ground-level contamination dry Emergency (e.g. one monitoring or burning management and gas collection instead plan will systems) of coal minimize to reduce adverse emissions) effects of an event Process monitoring Pollution Reuse and control recirculation devices of (e.g. waste ESP, to Baghouses) eliminate emissions and discharge Infrastructure changes 6

7 Six-Stages in the History of U.S. Environmental Law Pre-1945 Common Law and Conservation Era Rise of the Modern Environmental Movement Extending and Refining Strategies Assistance for State Programs Erecting the Infrastructure Present Recoil and Reinvention 7

8 Pre-1945 The Common Law and Conservation Era 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 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. Pre-1945 Common Law and Conservation Era Assistance for State Programs Rise of the Modern Environmental Movement Erecting the Infrastructure Extending and Refining Strategies Present Recoil and Reinvention 8

9 Assistance for State Problems 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 Assistance for State Programs Rise of the Modern Environmental Movement Erecting the Infrastructure Extending and Refining Strategies Present Recoil and Reinvention 9

10 The Rise of the Modern Environmental Movement 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 : Wilderness Act 1970: NEPA (National Environmental Policy Act) Landmark legislation-changed the way environmental decisions were made Cuyahoga River 1969 Pre-1945 Common Law and Conservation Era Assistance for State Programs Rise of the Modern Environmental Movement Erecting the Infrastructure Extending and Refining Strategies Present Recoil and Reinvention 10

11 Erecting the Infrastructure 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 : Love Canal chemical waste dump Pre-1945 Common Law and Conservation Era Assistance for State Programs Rise of the Modern Environmental Movement Erecting the Infrastructure Extending and Refining Strategies Present Recoil and Reinvention 11

12 Erecting the Infrastructure Significant Environmental Legislation in this decade Clean Air Act (CAA) Water Pollution Control Act (CWA) Insecticide, Fungicide and Rodenticide Act (FIFRA) Endangered Species Act (ESA) Safe Drinking Water Act (SDWA) Toxic Substances Control Act (TSCA) Resource Conservation and Recovery Act (RCRA) Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Marine Protection, Research and Sanctuaries Act (Ocean Dumping Act) Pre-1945 Common Law and Conservation Era Assistance for State Programs Rise of the Modern Environmental Movement Erecting the Infrastructure Extending and Refining Strategies Present Recoil and Reinvention 12

13 Erecting the Infrastructure Industry Example Pre-1945 Common Law and Conservation Era Percival, Robert V. Environmental Regulation: Law, Science, and Policy. Austin: Wolters Kluwer Law & Business, Assistance for State Programs Rise of the Modern Environmental Movement Erecting the Infrastructure Extending and Refining Strategies Present Recoil and Reinvention 13

14 Extending and Refining Strategies 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) 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, Pre-1945 Common Law and Conservation Era Assistance for State Programs Rise of the Modern Environmental Movement Erecting the Infrastructure Extending and Refining Strategies Present Recoil and Reinvention 14

15 1991-Present Recoil and Reinvention Environmental regulations began to weaken from Important Dates 1995: Unfunded Mandates Reform Act 1995: Project XL (Excellence and Leadership) Made agencies more efficient by removing unnecessary regulations 1996: Small Business 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 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. Pre-1945 Common Law and Conservation Era Assistance for State Programs Rise of the Modern Environmental Movement Erecting the Infrastructure Extending and Refining Strategies Present Recoil and Reinvention 15

16 Environmental Progress 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 16

17 Climate Change: Driver of future clean water initiatives GHG reductions especially from stationary sources Environmental Goals in the Next 25 Years Air Quality: 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 Chemical Safety: Modernize TSCA Improved health assessments regarding contaminants 17

18 Cleaning Up Communities: End of environmental racism Focus on local environmental challenges Restore Superfund Tax Environmental Goals in the Next 25 Years Water: 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 Legislative: 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 18

19 Closing Remarks 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 19

20 Work Cited Australia. EPA. Environmental Regulation Using a Risk-based Approach. By EPA Robert, Hahn. "Counting Benefits and Cost: Lessons for the U.S. and Europe." Brookings. Joint Center, Oct Web. < %20litan/10_regulatory_litan.pdf>. Pizer, William, and Raymond Kopp. Calculating the Costs of Environmental Regulations. Resources for the Future, Web. < Documents/RFF-DP pdf>. Percival, Robert V. Environmental Regulation: Law, Science, and Policy. Austin: Wolters Kluwer Law & Business, Contact Richard Myers Richard.Myers@CH2M.com Phone: (281) x58470 The Brattle Group. "Emerging Environmental Regulations and Impacts on the U.S. Coal Fleets." Lecture. 24 Jan Web. < World Resources Institute. "For EPA Regulations, Cost Predictions Are Overstated." WRI Fact Sheet. Nov Web. < factsheets/ factsheet_for_epa_regulations_cost_predictions_are_overstated.pdf>. 20