US Environmental Regulations

Issue 4.2 10/23/08 EMS-042-01-EN-US

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Environmental Legislation
Assessment teams
Industry
should possess Technology
sufficient knowledge of
the combination of
relevant requirements.

Environmental Environmental
Science Regulation
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Environmental Legislation
A few components of an EMS affected
by legislation:
• Policy (4.2)
• Identification of legal and other requirements (4.3.2)
• Objectives, targets and programs (4.3.3)
• Operational control (4.4.6)
• Evaluation of compliance (4.5.2)
• Records (4.5.4)
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Environmental Legislation
Types of regulations and requirements:
• International, federal, state or province, and
county, parish, or municipal regulations
• Permits
• Voluntary or Involuntary agreements
• Industry specific standards
• Membership requirements
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Environmental Legislation
Structure of Environmental Law:
Statute (U.S.C.)

Agency Regulations (CFR)

Agency Policy & Guidance

Court Interpretations

State Regulations (Delegated Programs)

State Policies and Procedures

Note: Presidential Executive Orders also extend

environmental responsibility
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Relationship Between Federal and

State Governments
• Congress passes statutes, which:
• Establish environmental policy
• Establish national standards
• Provide for state delegation
• Executive agencies (e.g., EPA) administer
federal programs and oversee state programs
• Delegated states develop and administer detail
implementation plans to satisfy federal standards
and local needs
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Organization of the “Laws”

1. Statute/Act Passed by Congress

2. Statute/Act Signed by President

3. Assigned “P.L.” (i.e., P.L. 89-272)

4. Published as “Slip Law”

• Has “Sections”
• Law Compiled into “Statutes at Large”

5. Codification

6. Provisions of Law are Codified into U.S.C. and Sections

assigned to Appropriate Title
(i.e., §3004 of P.L. 89-272 codified at 42 U.S.C. 6924)
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Environmental Legislation
“The Code of Federal Regulations is the
codification of the general and permanent
rules published in the Federal Register by the
executive departments and agencies of the
Federal Government. It is divided into 50 titles
that represent broad areas subject to Federal
regulation. Each volume of the CFR is
updated once each calendar year and is
issued on a quarterly basis.”

Reference: http://www.gpoaccess.gov/cfr/index.html
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Environmental Legislation
Structure of the Code of Federal Regulations:
Title 40 CFR 763.65(d)
• Title 40 –
Part “Protection of Environment”
• Part 763 –
Subpart “Asbestos”
• Section 65 –
Section “Who Must Report”
• Paragraph (d) –
“Secondary processors of
Paragraph asbestos and importers of
asbestos mixtures...”
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The United States Code

• Federal law authorizes agencies/departments
to establish regulations
• Estimated 10,000 environmental regulations at
federal and state levels
• Environmental Regulations fall into
12 categories:
3. Hazardous
1. General
2. Air Quality Substances and Toxic
Environmental
Waste

4. Marine and Coastal 6. Nuclear Energy and

5. Mining
Resources Radiation

7. Public Lands 8. Transportation 9. Water Quality

10. Wetlands 11. Wildlife 12. Noise Abatement

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Federal Law Timeline

Regulation Event Law
1996 FSA (Fifra amendments); SDWA reauthorized
1990 CAAA & OPA
Valdez Oil Spill 1989
1986 SARA, including EPCRA
Accident in Bhopal, India 1985
1984 HSWA
1982 WQA
1980 CERCLA (superfund) & UORA
Three Mile Island Accident 1979
1977 CAA Amendments
1976 RCRA & TSCA
1975 FIFRA
1974 SDWA
Love Canal in the News 1973
1972 CWA
First “Earth Day” celebrated 1970 1970 NEPA & CAA passed; EPA formed by Executive Order

1955 Air Pollution Act

1899 River & Harbors Act
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Environmental Legislation
Major U.S. Environmental Laws:
• Pollution Prevention Act
• National Environmental Policy Act
• Solid Waste Disposal Act
• Resource Conservation and Recovery Act
• Comprehensive Environmental Response,
Compensation and Liability Act
• Toxic Substances Control Act
• SARA Title III / Emergency Planning and
Community Right-to-Know Act
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Environmental Legislation
Major U.S. Environmental Laws:
• Federal Insecticide, Fungicide and
Rodenticide Act
• Environmental Research and Development
Demonstration Act
• Clean Water Act
• Ocean Dumping Act
• Safe Drinking Water Act
• Clean Air Act
• Specific OSHA requirements
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General Environmental Regulations

Pollution Prevention Act: 1990:
• Seeks to prevent/minimize pollution at point of origin
• Required EPA to:
 Establish Office of Pollution Prevention
 Develop pollution prevention strategy
 Develop pollution prevention models
• Requires owners/operators of manufacturing
facilities to report on source reduction and
recycling activities
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General Environmental Regulations

National Environmental Policy Act (NEPA) -1970:
• Encourages harmony between people and
the environment
• Promotes activities designed to prevent and
eliminate environmental damage
• Educates people about ecological systems and
natural resources
• Established Council on Environmental Quality to
administer NEPA tasks

Reference: 40 CFR, Parts 6 and 1500

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Transportation Regulations
Hazardous Materials Transportation and
Uniform Safety Act -1990:
• Amended from Hazardous Materials
Transportation Act: 1975
• Established requirements for handling and
documenting waste transportation
• Established training requirements for
waste transportation
• Authorized Department of Transportation
(DOT) to administer these statutes

Reference: 49 CFR, Part 171-180

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Transportation Regulations
Medical Waste Tracking Act -1998:
• Established requirements for documenting the
shipping and destruction of medical waste
• Authorizes states to administer the statute

Reference: 49 CFR, Parts 172-173

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Hazardous Substances and Toxic

Waste Regulations
Solid Waste Disposal Act/Resource Conservation
and Recovery Act (RCRA) -1976:
• Regulates solid and hazardous waste management
• Replaced the Solid Waste Disposal Act of 1965

Reference: 40 CFR, Parts 239-299

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Hazardous Substances and Toxic

Waste Regulations
Comprehensive Environmental Responses,
Compensation and Liability Act (CERCLA) -1980:
• Known as the Superfund Act
• Led to development of National Priorities List (NPL)
to coordinate cleanup of land
• Provides liability, compensation, cleanup, and
emergency response
• Works with OSHA standard (29 CFR 1910)

Reference: 40 CFR, Parts 300-312

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Hazardous Substances and Toxic

Waste Regulations
Toxic Substances Control Act (TSCA) -1976:
• Regulates the testing of chemicals and their use
• Authorizes EPA to secure information on all new
and existing chemical substances
• Governs use, removal, storage, transportation,
and disposal of asbestos and polychlorinated
Biphenyls (PCBs)
• Administered by the EPA

Reference: 40 CFR, Parts 700-789

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Hazardous Substances and Toxic

Waste Regulations
Emergency Planning and Community
Right-to-Know Act (EPCRA)-1986:
• Requires industrial reporting of toxic releases
• Encourages response planning for
chemical emergencies
• Has three subtitles:
 Emergency Planning and Notification
 Reporting Requirements
 General Provisions

Reference: 40 CFR, Parts 350-374

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Hazardous Substances and Toxic

Waste Regulations
Nuclear Waste Policy Act:
• Controls radioactive waste upon decommissioning
• Classifies waste to demonstrate appropriate
safety measures
• Controls unintended or inappropriate handling
and disposal methods of items made with
radioactive materials

Reference: 40 CFR, Parts 190-197

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Hazardous Substances and Toxic

Waste Regulations
Federal Insecticide, Fungicide and Rodenticide Act
(FIFRA) -1947:
• Governs pesticide product and their uses
• Prohibits use of pesticides that have caused
environmental effects
• Requires pesticides to be evaluated for adverse
impacts to non-target species of wildlife
• Enforced by individual EPA-approved
state programs

Reference: 40 CFR, Parts 150-189

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Hazardous Substances and Toxic

Waste Regulations
Environmental Research and Development
Demonstration Act -1976:
 Authorizes EPA to:
• Conduct research to develop new technologies
• Monitor ambient environment
• Conduct diverse special studies conferred
by the U.S. Congress

Note: the authorization subsection expired in 1981

Reference: 40 CFR, Parts 790-793

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Water, Marine and Coastal and

Wetlands Regulations
Clean Water Act:
• Maintains a level of water quality that protects fish,
shellfish, and wildlife
• Aims to eliminate discharge of pollutants into
navigable waters
• Enforced by states with EPA-oversight

Reference: 40 CFR, Parts 100-140, 400-499

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Water, Marine and Coastal and

Wetlands Regulations
Ocean Dumping Ban Act -1998:
• Regulates the intentional disposal of materials into
ocean waters
• Prohibits the following without a permit:
 Transportation of material from the U.S. for
ocean dumping
 Transportation of material from anywhere for the
purpose of ocean dumping by U.S. agencies or
U.S.-flagged vessels
 Dumping material transported outside U.S. into
U.S. territorial water

Reference: 40 CFR, Parts 220-238

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Water, Marine and Coastal and

Wetlands Regulations
Safe Drinking Water Act -1974:
• Established drinking water standards
• Manages potential contamination threats
to groundwater
• Led to the establishment of a national
program preventing underground injections of
contaminated fluids

Reference: 40 CFR, Parts 141-143 (Drinking Water) and

144-149 (Underground Injection Control)
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Water, Marine and Coastal and

Wetlands Regulations
Oil Pollution Act (OPA) -1990:
• Strengthened EPA’s ability to prevent and respond to
catastrophic oil spills
• Established trust fund to clean oil spills
• Requires oil storage facilities and vessels to submit to
the government detailed plans for responding to spills
• Requires development of Area Contingency Plans

Reference: 40 CFR, Parts 110-112

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Air Regulations
Clean Air Act -1990:
• Expanded regulation of air pollution
• Strengthened measures for air quality
• Restricted power plant emissions
• Established operating permits for major
sources of air pollution
• Established provisions for ozone protection
• Expanded enforcement penalties

Reference: 40 CFR, Parts 50-99 (Air Pollution)

and 600-616 (Fuel Economy)
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Air Regulations
Chemical Safety Information, Site Security
and Fuels Regulatory Relief Act –1999:

• Reduces impact of the Clean Air Act on

specific parties

Reference: Public Law 106-40

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Environmental Legislation
Homeland Defense
Guidance for Protecting Building
Environments from Airborne Chemical, Biological
or Radiological Attacks:
• Promulgated under OSHA Act of 1970
(Public Law 91-596)
• US workers face potential hazards
• National Institute for Occupational Safety and
Health (NIOSH) is charged with research, science,
and recommendations
• The guidance document is the result of threat
vulnerability assessments from NIOSH
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Environmental Legislation
Sources of Information
• http://www.epa.gov/ and http://www.osha.gov/
• U.S. EPA Headquarters:
 Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
(202) 272-0167
• For additional regional EPA postal addresses,
visit: http://www.epa.gov/epahome/postal.htm/
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Environmental Legislation
Assessing Legal Elements of
an EMS
A few items EMS auditors should review while auditing
an EMS:
• Applicable regulations are identified and accessible
• “Other” requirements are identified and accessible
• Legal requirements are linked to applicable aspects
• Changes to legal and other requirements are accessible
• Requirements are considered when setting objectives
and targets
• Systems are in place to achieve compliance
• Systems are in place to evaluate ongoing compliance
with applicable legal and other requirements