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Environmental Compliance: A Web-Enhanced Resource

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Environmental Compliance: A Web-Enhanced Resource

Environmental Compliance: A Web-Enhanced Resource Edited by

Gary S. Moore, Dr. P.H.

LEWIS PUBLISHERS Boca Raton London New York Washington, D.C.

disclaimer Page 1 Thursday, October 12, 2000 10:00 AM

Library of Congress Cataloging-in-Publication Data Moore, Gary S. Environmental compliance : a web-enhanced resource / Gary S. Moore. p. cm. Includes bibliographical references and index. ISBN 1-56670-520-7 (alk. paper) 1. Environmental law --United States. 2. Environmental sciences--Computer network resources. I. Title. KF3775 .M66 2000 344.73′046—dc21

00-063790

This book contains information obtained from authentic and highly regarded sources. Reprinted material is quoted with permission, and sources are indicated. A wide variety of references are listed. Reasonable efforts have been made to publish reliable data and information, but the author and the publisher cannot assume responsibility for the validity of all materials or for the consequences of their use. Neither this book nor any part may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, microfilming, and recording, or by any information storage or retrieval system, without prior permission in writing from the publisher. All rights reserved. Authorization to photocopy items for internal or personal use, or the personal or internal use of specific clients, may be granted by CRC Press LLC, provided that $.50 per page photocopied is paid directly to Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923 USA. The fee code for users of the Transactional Reporting Service is ISBN 0-56670-520-7/$0.00+$.50. The fee is subject to change without notice. For organizations that have been granted a photocopy license by the CCC, a separate system of payment has been arranged. The consent of CRC Press LLC does not extend to copying for general distribution, for promotion, for creating new works, or for resale. Specific permission must be obtained in writing from CRC Press LLC for such copying. Direct all inquiries to CRC Press LLC, 2000 N.W. Corporate Blvd., Boca Raton, Florida 33431. Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation, without intent to infringe.

© 2001 by CRC Press LLC Lewis Publishers is an imprint of CRC Press LLC No claim to original U.S. Government works International Standard Book Number 1-56670-520-7 Library of Congress Card Number 00-063790 Printed in the United States of America 1 2 3 4 5 6 7 8 9 0 Printed on acid-free paper

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AUTHOR Dr. Gary S. Moore Dr. Moore is a faculty member in the Department of Environmental Health Sciences in the School of Public Health and Health Sciences at the University of Massachusetts. He has extensive publications (over 75) in the area of health effects from environmental insults and has been awarded nearly $1 million in grants and contracts while at the university. He has written, illustrated, and developed several complete environmental courses with ancillary slides, transparencies, and workbooks. He recently (1997-1999) worked with several of his classes in EnvHl 565 and three graduate students in particular to write and illustrate a comprehensive textbook titled "Living with the Earth," which has received national attention, and has been selected as one of Choice Magazine's OUTSTANDING ACADEMIC BOOKS of 1999 judged on distinguished scholarship. Choice is a publication of the Association of College and Research Libraries, a division of the American Library Association, a not-for-profit organization. Some of the graduate students have indicated that it was among the most meaningful educational experiences of their graduate education. Dr. Moore also worked with the class to simultaneously create and produce a web site for the book and course to allow students access to ancillary course materials while also featuring many interactive features. This is considered to be a leading edge technology. The present text titled "Environmental Compliance - A Web-Enhanced Resource" is also a classinvolved, web-enhanced book featuring class members from Dr. Moore’s EnvHl 562 class. This is a bolder initiative than the previous text designed to give his entire class an opportunity to become published. This will also serve as the basis for an online course as part of the initiative to develop a degree-based online program for Public Health. Most recently, Dr. Moore took a lead position in writing and submitting a grant proposal to eCollege on behalf of the School of Public Health, Isenberg School of Management, the School of Nursing, and the Division of Continuing Education. The grant was recently awarded at $207,000 and represents the highest award that eCollege has made to the hundreds of the competitive applications. He is now focusing efforts on bringing online, web-based degree programs to the university community in cooperation with the Division of Continuing Education. His course is the first online course in this effort, and will serve as model for courses to follow. The course has been rated by eCollege staff as the "best" online course in their experience. Dr. Moore is committed to bringing the very latest technologies to the classroom and beyond for an exciting and animated learning environment. Dr. Moore was also instrumental in obtaining grants to develop the "Guidebook

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for Massachusetts Boards of Health,” which was released in June, 1997. Presently, he is developing and providing certification and training courses for boards of health throughout the state of Massachusetts and is working with the Department of Environmental Protection, the Massachusetts Department of Public Health, and the Massachusetts Association of Health Boards. He has received several awards for his efforts in this area during 1998 and 1999 including recognition from the Massachusetts Senate, the Massachusetts House of Representatives, The Massachusetts Association of Health Boards (MPHA), and the Robert C. Huestis/Eric W. Mood award from the New England Public Health Association (NEPHA). The certification and training programs for boards of health have been hugely successful. Since 1995 Dr. Moore has assisted MAHB in establishing the groundwork for this first-in-the-nation program. This project is a strong foundation for further collaboration between the university and MAHB, providing practical educational opportunities to people serving every community in the Commonwealth.

CO-AUTHORS Jeff Bagg Jeff has completed an associate’s degree in the liberal arts from Springfield Technical Community College. He is entering his senior year at the University of Massachusetts, Amherst, where he plans to obtain a bachelors degree in natural resource conservation with a minor in environmental science. His concern for the environment and its natural resources stems from ecological disturbing local events and strong respect for the environment. His future plans lean toward a career in policy development and educating people about the importance of the environment. James O. Bailey James Bailey is a supervisor at Mohawk Plastics Company in Bernardston, Massachusetts, where he coordinates safety and environmental compliance regulations matters. He has an extensive work history with Dart Industries, Mobil Chemical Co., and BASF Corporation. James has an A.A.degree in liberal arts from Springfield Technical Community College (STCC). He is working on a B.S. in environmental safety management at the University of Massachusetts, Amherst.

Katherine Brossard Katherine Brossard has recently graduated from the University of Massachusetts, Amherst with a B.S. degree in economics of public policy for natural resources. She spent her junior year studying in Edinburgh, Scotland. In her free time she enjoys music, travel, and wildlife. Charles Cicconi, M.D. Charles is a medical doctor in the U.S. Navy completing an advanced degree in

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public health at the University of Massachusetts, Amherst. Andrea Depatie Andrea Depatie is currently an environmental health major at the University of Massachusetts Amherst. She plans to continue on to graduate school to pursue a career in public health. Kevin Doherty Kevin Doherty will be graduating from the University of Massachusetts, Amherst with a B.S. degree in environmental science. He currently resides in Massachusetts where he enjoys surfing, hiking and fishing. David R. Gillum David graduated from the University of Nevada, Las Vegas, in 1997. He received his B.S. degree in chemistry. He has good knowledge of environmental health and safety programs with more than five years work experience. David received his M.S. in environmental health science from the University of Massachusetts, Amherst. David is pursuing a career in the field of environmental health and safety. Evan Hutchinson Evan graduated from Springfield College, where he received his B.S. degree in human services. He is currently pursuing a graduate degree in environmental health sciences at the University of Massachusetts, Amherst. His work experience includes working for a major oil company in the Caribbean before returning to school. He also has a background in automotive technology and enjoys the world of motor racing and helping friends trouble-shoot automotive problems. Ian Cambridge Ian is an environmental health major. He is currently enrolled as an undergraduate at the University of Massachusetts, Amherst. He hopes to pursue a career in medicine and continue on to Jefferson Medical School after his graduation. Sean Jobin Sean is an undergraduate at the University of Massachusetts, Amherst. He is expected to graduate in December of 2000 with a B.A. degree in resource economics. He has experience in managing a landscaping service and has contributed some time to the Massachusetts Public Interest Research Group. Sean currently lives in Uxbridge, Massachusetts. He enjoys fishing, hiking and outdoor recreational activities. Sherri McGloin Sherri earned her associate degree in applied science, and certification as an operating room practitioner from Southern Maine Technical College. She received her B.A. in public health from the University of Massachusetts, Amherst..

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Marc A. Nascarella Marc received his B.S. degree in environmental sciences with a concentration in engineering from the Military College of Vermont, Norwich University, Northfield, Vermont. He is pursuing an M.S. in environmental health sciences, with a concentration in environmental toxicology, from the University of Massachusetts School of Public Health and Health Sciences. His work experience includes employment at major engineering firms and medical centers as well as military service in the U.S. Air Force. Marc's current research is focused on effects of low-level chemical and radioactive stress on longevity. Michael A. Pepe Michael received his B.S.degree in human biology from American International College. While at American International College, Michael gave a series of seminars concerning environmental pollution. Michael is currently enrolled in the Masters of Public Health program at the University of Massachusetts, Amherst. Michael enjoys outdoor recreational activities and currently resides in Massachusetts. Julie Vander Ploeg Julie will receive her B.S. degree in environmental science and resource Eeconomics from the University of Massachusetts, Amherst. She is a three-year member of the nationally ranked women’s crew team. She has worked as an intern at the Sunderland, Massachusetts Board of Health and as a CAP inspector for the University of Massachusetts Environmental Health and Safety Office. Travis Veracka Travis received his B.S.degree in environmental science from the University of Massachusetts, Amherst. His work experience includes RCRA compliance issues and site inspection He was a member of the varsity baseball team for the University of Massachusetts for four years. Currently, Travis lives in New England, where he enjoys hunting, fishing, and the outdoors. Rachael D. Weiskind Rachael received her B.A.degree in psychology from the University of Tennessee. She earned an M.A. degree in sport and exercise science and completed an interdisciplinary specialization in geriatrics from Ohio State University. Rachael then earned her MPH from the School of Public Health and Healt Sciences at the University of Massachusetts, Amherst. Her work experience includes peer consultation, fitness and health appraisal, wellness coordination and program development, health and safety compliance, and air and noise sampling methodologies. Rachael's interests and hobbies include spending time with her family (specifically the family pet), cooking, and running. Maggie Coe Wood Maggie is currently working on her B.A. degree in architecture and urban studies

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at Smith College. She has been actively involved in environmental issues, and is interested in environmentally conscious architectural design. She is looking forward to going to Denmark next year where she will continue her studies in architecture and environmental policy. Currently, Maggie lives in Massachusetts where she enjoys outdoor activities and playing the flute. Michael Wood Michael received his B.S. degree in environmental science with a concentration in environmental policy from the University of Massachusetts, Amherst. He has earned his certification under the OSHA 40 hour, 29 CFR 1910.120 Hazardous Waste Operations and Emergency Response (HAZWOPER) program. He has experience in writing health and safety plans for industrial situations. He also is experienced in writing ASTM Phase I Environmental Site Assessments. Michael has obtained skills in groundwater sampling for petroleum and/or hazardous materials. He is interested in furthering his education and concentrating his studies on hydrogeology. Michael lives in upstate New York, and enjoys fishing, hiking, and the outdoors.

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PREFACE This book is intended to be a college level textbook for courses in environmental health and environmental sciences and engineering. It is intended to be a useful resource for practicing environmental professionals. It is also highly recommended for members of boards of health, health officers and health inspectors, and citizens who are members of proactive environmental groups such as Sierra Club, Public Interest Research Groups, Clean Water Action, Environmental Defense Fund, and many others. This book contains 15 carefully narrated chapters on environmental regulations and compliance. The contents are derived from an environmental course Dr. Moore instructs at the University of Massachusetts, Amherst titled EnvHl 562, Environmental Regulations and Compliance. This book incorporates both the traditional concepts associated with environmental regulations and compliance and new issues of environmental justice and ISO 14000. Careful attention is paid to presenting a balanced view with ample access to reputable web sites that provide up-to-the-minute information in a rapidly expanding regulatory world. There is a dedicated Web site associated with this book and the related university courses. You may access this web site at . Within this Web site are a host of chapter specific links selected to help you maintain a current knowledge base.

ACKNOWLEDGMENTS To my wife Lucille for her unwavering support during my long periods of isolation in the cellar office and in what my children refer to as “the bat cave.” She accepted my dedication to the project and kept me fed and clothed in the interim. I especially give thanks to students in my Spring 2000 EnvHl 567 class who took on the enormous task of writing assigned chapters for this effort and they succeeded wonderfully.

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CONTENTS Chapter 1: A System of Laws ............................................................ 1-1 Chapter 2: Resource Conservation and Recovery Act ..................... 2-1 Chapter 3: The Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) ................ 3-1 Chapter 4: Emergency Planning and Community Right-To-Know Act (EPCRA), SARA Title III ............................................................. 4-1 Chapter 5: Regulations on the Transportation of Hazardous Materials ................................................................................................ 5-1 Chapter 6: Pollution Prevention and Waste Management .............. 6-1 Chapter 7: Identification and Labeling of Toxic Substances ........... 7-1 Chapter 8: Underground Storage Tanks ........................................... 8-1 Chapter 9: Asbestos Regulations ........................................................ 9-1 Chapter 10: Pesticide Regulations ...................................................... 10-1 Chapter 11: Air Quality Regulations ................................................. 11-1 Chapter 12: Water Quality Regulations ............................................ 12-1 Chapter 13: Environmental Justice .................................................... 13-1 Chapter 14: ISO 14000 ........................................................................ 14-1 Chapter 15: Liability and Enforcement ............................................. 15-1 Index....................................................................................................... I-1

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A SYSTEM OF LAWS

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Sean Jobin HOW A BILL BECOMES A LAW 1,2

A

ny federal law starts as a bill and goes through a system of checks and balances. The bill is first introduced into the House and the Senate. These bills then pass by a subcommittee where they are reviewed and may or may not gain support. Almost 90% of bills fail to make it through this process. Bills that are recommended are brought through hearings where the committee makes comments and options. The committee meets to discuss the bill and to finally vote on it. If the committee in the Senate votes for the bill, it is sent to the full chamber where it is again debated and voted on. Before a bill is sent to the House, it must go to the rules committee where the bill receives a time limit for debate and they decide whether to allow floor amendments. Riders are sometimes attached to bills that do not have any relationship to the original bill. The riders tend to accompany popular bills so that they might be approved along with the primary bill. The House and Senate usually pass a bill with many differences.The bills with differences must go into a conference so that the House and Senate may resolve these differences. Once the House and Senate agree on the same version of the bill, it is sent to the President. The president may sign or veto the bill. If the bill is vetoed then it will take a two-thirds majority vote in the House and Senate to override the President’s veto.

A SYSTEM OF ENVIRONMENTAL LAWS 1 There is a system of guidelines, executive orders, regulations, and statutes that in the past thirty years have become a system of environmental laws. All environmental laws originate from: the U.S. and state constitutions, federal, state, and local ordinances, regulations published by federal, state, and local agencies, presidential executive orders, court decisions that have interpreted these laws and regulations, and common law. Environmental law uses all of the laws in the legal system to reduce, prevent, and punish actions which have damaged or threatened the environment, public health, and its safety. Almost all environmental laws use eight compliance obligations or regulatory approaches. These obligations are:

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Discharge and waste control Process controls and pollution prevention Product controls Regulation of activities Notification requirements Safe transportation requirements Response and remediation requirements Compensation requirements1

Notification Requirements 1 When there is a release of hazardous wastes and pollutants all of the appropriate authorities and public must be advised and notified as soon as the spill exists. Many environmental impacts and dangers can result from violations and accidents due to waste spills.

Controls and Pollution Prevention 1 There are at least three protective actions that can regulate hazardous wastes and they include: • Minimizing waste generation • Reducing the quantities produced and released • Preventing the release of pollutants into the environment Each state has different pollution prevention plans. To find examples of these programs you can go to www.state.ma.us/dep/com. Here you are able to search by region, research new and ongoing programs, and read about daily news releases.

Controls on Products 1 Product design, usage, and packaging standards have been made to minimize solid waste generation and disposal problems associated with toxic and hazardous substances. The laws have been set to lower risk to human health and the environment. The standards provide information on solid and hazardous waste management practices, and waste water treatment activities. There is also a summary of recycling and equipment laws that are used when managing waste and wastewater treatment.

Regulating Activities 1 We regulate activities to give protection for endangered species, ecosystems, and all natural resources. Some activities that are constantly regulated are: construction, mining, harvesting trees, and extracting natural resources like oil. All of these activities must be controlled to prevent irreversible harm to the environment. You can obtain a profile of every state agency’s requirements at www.govinst.com/pubscatalog/products/685.html.com. This is also an internet guide that serves many purposes.

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Safe Transportation Requirements 1 Laws are intended to minimize the risks of hazardous wastes that are being transported by air, land,or trucks. These strict laws are made to reduce the risk of spills or accidents that might occur during the transportation of hazardous materials. The protection of the environment and public health is the main concern behind the transportation laws.

Response and Remediation Requirements 1 There are laws that regulate the cleanup of pollutants and hazardous wastes that have been released into the environment. These laws also are intended to identify those who are responsible for the cleanup and who will pay the costs for that cleanup. In some states there is a full-service environmental contractor that specializes in emergency oil spill response, hazardous and toxic waste contamination. They can be contacted 24 hours a day by going to www.ampol.net.com.

Requirements for Compensation 1 All responsible parties must pay for all cleanup costs and can be held liable for any damages that hurt the environment or any surrounding private property. Compensation can be awarded if public assets are damaged by spills.

FEDERAL STATUTES 3,4 The Clean Air Act, Clean Water Act, and many other environmental acts are federal statutes that establish federal and state regulatory programs. The programs allow states to enact and enforce laws that meet federal minimum standards. The states must also meet the regulatory goals that have been established by Congress. Many states have taken over the regulatory programs in their areas. States are the main permitting and enforcing authorities and can be subject to federal help only when the enforcement from the states is not effective or is lacking. The regulations the states enforce are usually more stringent than the federal laws Each state may differ somewhat in the content and enforcement of these laws.

Executive Orders Since 1970, many presidents have enacted many executive orders that require federal facilities to help protect the environment and to comply with statutes and policies that involve protection of the environment. A number of these Presidential Executive Orders include: • • • • •

Executive Order 11514: Protection and Enhancement of Environmental Quality Executive Order 11990: Protection of Wetlands Executive Order 12372: Intergovernmental Review of Federal Programs Executive Order 12844: Federal Use of Alternative Fueled Vehicles Executive Order 12856: Federal Compliance with Right-To-Know Laws and Pollution Prevention Requirements • Executive Order 12873: Federal Acquisition, Recycling, and Waste Prevention

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• Executive Order 12902: Energy Efficiency and Water Conservation at Federal Facilities Executive Orders 12856 and 12873 were issued by President Clinton on August 3, 1993 and October 20, 1993. Both these orders have an enormous impact on the federal agencies. Executive Order 12856: Federal Compliance With Right-To-Know Laws and Pollution Prevention Requirements This order was meant to establish compliance of federal agencies with the Emergency Planning and Community Right-to-Know Act of 1986 and the Pollution Prevention Act of 1990. It was intended to insure all federal agencies minimize their waste to the maximum extent possible, the amount of toxic chemicals that enter any waste stream and the environment. All of this must be done through source reduction. Storage, treatment, or dumping of waste must be done in a way that protects the environment and public health. The head of each federal agency must comply with the provisions set in EPCRA. These responsibilities are providing information needed for the Local Emergency Planning Committee (LEPC) to prepare and revise local Emergency Response Plans and to keep up-to-date Material Safety Data Sheets (MSDS). All federal agencies must meet these requirements and file annual progress reports to the administrator starting on October 1, 1995. In this report the agency must describe the process it followed when trying to comply with all parts of the order and the pollution reduction requirements. Executive Order 12873: Federal Acquisition, Recycling, and Waste Prevention President Clinton also issued this order. The order requires the head of each executive agency to incorporate waste prevention and recycling in all daily work and operations. The agencies must use cost-effective procedures and programs when purchasing products and services. Each agency is required to set a goal for solid waste prevention and a goal for recycling. These goals must be met by 1995. Once the agency has set the goal it must be submitted to the Federal Environmental Executive within 180 days of the date. Each federal agency must set annual goals to maximize the amount of recycled products they purchase. For more information on environmental laws visit www.E.P.A.SummaryofEnvironmentalLaws.com. At this site they provide you with explanations of many major environmental laws and what kind of an impact they have had in the U.S.

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OTHER TYPES OF LAWS CONTRIBUTING TO THE SYSTEM OF ENVIRONMENTAL LAWS State Water Protection Laws 3,5 Almost all states have a detailed permit program for ground water protection. The federal government has not adopted this legislation yet. The state of New York administers the National Pollutant Discharge Elimination System (NPDES). This is a permitting program that is under the State Pollution Elimination Discharge System (SPDES). Any agency that wants to release pollutants from a point source into state waters has to obtain an SPDES permit. There are limitations and strict guidelines that were developed under the Clean Water Act and other limits were set by the New York Department of Environmental Conservation. The state of Connecticut requires many types of NPDES general permits regardless of whether the release of waste is to a sanitary sewer or other surface waters. For example, NPDES general permits must be obtained for: • • •

Vehicle washing even if the release is to a sanitary sewer Vehicle repair facility floor washwaters Parts washwater

The New Jersey Water Pollution Control Act (NJWPCA) fulfills all of the requirements of the federal Clean Water Act (CWA) and requires additional rules that go along with surface and ground water. They also issue general discharge permits to cover dischargers within a geographic boundary (sewer districts, city boundaries and state highway systems). The New Jersey Department of Environmental Protection (DEPE) can also issue a general NJPDES permit to regulate storm water point sources or other point source dischargers. The Massachusetts Clean Water Act will also apply to surface and ground waters. The act specifically states that no person, public or private group oragencies may dump treated or untreated pollutants into any Massachusetts water without a valid NPDES permit. The permit acts as a legally binding contract between the permit holder and the Commonwealth of Massachusetts. The Massachusetts Environmental Policy Act (MEPA) has made huge changes in the state of Massachusetts. You can visit the site at www.MEPA.com. It describes every aspect of MEPA in detail and includes all the regulations and decisions.

Tax Laws 1 On both the state and federal levels, tax laws are being used to create incentives for environmentally safe products, activities and disincentives against environmentally hurtful products and activities. Some of the approaches that have been implemented or considered are recycling tax credits, taxes on use of virgin materials, taxes on hazardous waste generation, and excise taxes on many products.

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Local and Municipal Laws 1 Most of the environmental regulation is conducted at the state and federal level. Local governments can use their authority to control the location and operation of agencies and facilities in their local jurisdiction. Many of those local issues include: • • • • • •

Zoning and noise control ordinances Nuisance Laws Air emission requirements Landfill restrictions Local emergency planning Product recycling incentives

Common Law 1,7 There is a series of rules and principles that pertain to the government and the security of people and their personal property. These rules and principles have become know as “common law.” Originally developed in England these rules were brought to the first American colonies. Following the American Revolution, the rules were adopted and enforced by state and local governments. Common law acquired its authority from basic usage and customs, which are recognized and enforced by the decisions made in a court of law. Civil suits, where a person looks to acquire compensation for some violation of his rights is also common law.

Torts 1,7 Coming from common law, a “tort” is a private wrong or wrongful act in which an injured party can bring about a civil action. The environmental laws mostly apply to all people including federal agencies, individuals, private organizations, and government contractors. Torts have limited relevance to federal employees. Each person has the responsibility to care for the personal and property right of another person. If any of these rights have been violated, the injured party can receive compensation or restitution from a lawsuit. Due to the filing of thousands of lawsuits involving asbestos and toxic chemical cases the 1990s have been known as the era of “toxic torts”. In the next few sections we will discuss the three most common types of torts that are found in environmental law: • Nuisance • Trespass • Negligence

Nuisance 7 The definition of a nuisance is “a class of wrongs that are unreasonable or unlawful on his own property, that causes injury or rights of another person or public and produces an inconvenience or discomfort”. A person can use his land or personal property as he sees fit with the limitation that the owner of the land uses his property in a reasonable way. When a person uses his property to cause material injury or annoying

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behavior to his neighbor it is considered a nuisance. It is left up to the courts to determine whether or not the act is considered a nuisance. In order for the act to be considered a nuisance it must cause physical or mental health problems to people under normal conditions. Noise Nuisance 7 Noise pollution is a nuisance and a common problem everywhere. In order for noise to be a nuisance, it must be so intense where it actually causes discomfort to ordinary people. Noise from industrialization can cause discomfort to people at an extent. There has been a case where homeowners tried to receive compensation and were awarded damages by businesses that were in the neighborhood. Each complaint of noise must be dealt with separately because there are no set standards on the degree or kind of noise nuisances. Other things like smoke, dust, airborne pollutants, water pollutants, and hazardous substances have all been considered nuisances. A nuisance is not an act or failure to act by the person responsible for the condition. It is the condition of the nuisance itself that is the problem. Coming to a Nuisance7 If somebody moves into an area where there already is an existing nuisance, he can use a defense known as “coming to a nuisance.” When a person moves into a house across from an airport or landfill and then complains of the existing nuisance, a “coming to a nuisance” has happened. Somebody’s right to recover damages is not lost because of his prior knowledge of an already existing nuisance. If this person decides to sell the property at the same time of a pending lawsuit, he can still receive compensation.

Trespass 7 The definition of trespass is the invasion of another person’s rights. There must be significant injury to the person, property, or rights of another that has resulted from an unlawful act. A person’s intent or motive does not mean anything when determining trespass. Someone can be guilty of trespass even if that person uses reasonable care or good faith. The person’s intent or motive affects the level of damages. There are three types of trespass. Trespass to personal property: Whether or not physical force was used, it is an injury with the possession of personal property. If you destroy someone’s personal property, refuse to return the property, or take property from another they are all offenses of trespass to personal property. Trespass to a person: An unlawful act committed against another person. Usually physical contact is involved. Insulting someone or harsh words are not considered trespass. Trespass to realty: It is unlawful to force entry on another person’s land. One can’t interfere with another’s personal property or land. The conditions of the land and negligence are irrelevant.

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In most pollution cases, the type of trespass is usually trespass to realty. Entry to another person’s property can be the result of letting or causing something to cross property boundaries. Throwing material, discharging water, and any wastes invading another person’s land are all actions that are considered trespass to realty. Any vibrations or lights that cross property lines are considered nuisances, not trespass.

Negligence 7 The main points when defining negligence include: 1. The commission or omission of an act; 2. The causing of injury to the plaintiff or his property The part of the law or tort that deals with acts not intended to cause injury is negligence. The case becomes a criminal case if there was intent to inflict injury. The amount of care and caution that would be taken by an ordinary person in the same situation is defined as the standard of care that is required by law in all negligence cases. A “reasonable man” rule is defined as actions a reasonable person would take under all circumstances. A defendant is liable if his actions are the cause of injury to another. Under a negligence case, people hurt by the careless and improper handling of hazardous waste can file a suit to seek compensation for their losses. Complying with all governmental regulations and permit conditions is not a defense when negligence has been found to occur. For more information regarding ongoing environmental court decisions go to www.MassDEPEEnforcementPolicies.com. At this location you may look up court dates and the outcomes of environmental court decisions.

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REFERENCES 1.

Arbuckle, Patton, Blow, and Sullivan, Fundamentals of Environmental Law, Government Institutes, Inc., Rockville, MD, 1993.

2.

Burns, J.A, Peltson, J.W., Cronin, T.E., and Magleby, D.B., Government by the People, Ch. 14, Congress: The People’s Branch, 15th edition, Prentice Hall Publishers, Englewood Cliffs, NJ,1993.

3.

Cozine, M., New Jersey Law Journal, New Jersey, July 5, Vol.157, 1999.

4.

Gerrard, M., Duty of Consultants, Lawyers to Report Contamination, New York Law Journal, March 26,Vol.221, 1999.

5.

Silverman, C., The Environmental Lawyer, New York, N.Y. September 1999.

6.

Umhofer, R., Stitt, K., Savage, A., and Page, R., Environmental Crimes, American Criminal Law Review, 1999.

7.

Yandel, B. and Meiners, R., Common Law and the Conceit of Modern Environmental Policy, George Mason Law Review, Vol.7, 1999.

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WEB LINKS FOR THIS CHAPTER Introduction to Laws and Regulations http://www.epa.gov/epahome/lawintro.htm EPA Summary of Major Environmental Laws http://www.epa.gov/Region5/def.html FindLaw http://www.findlaw.com/01topics/13environmental Environmental Law Net http://www.EnvironmentalLawNet.com Environmental News Link http://www.caprep.com/ The Environmental Law Institute http://www.eli.org Environmental Law News http://www.ljx.com/practice/environment/index.html The Practicing Attorney's Environmental links http://www.legalethics.com/pa/practice/practice.htm Pace University School of Law Virtual Environmental Law Library 98 http://joshua.law.pace.edu/env/environ.html The National Environmental Policy Act of 1969 http://es.epa.gov/oeca/ofa/nepa.html Massachusetts Environmental Policy Act (MEPA) http://www.state.ma.us/mepa/301-11tc.htm Massachusetts DEP Enforcement Policies http://www.magnet.state.ma.us/dep/enf/enforce.htm#enforce

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RESOURCE CONSERVATION AND RECOVERY ACT

2

Travis Veracka and James Bailey

RESOURCE CONSERVATION AND RECOVERY ACT: SUBTITLE C

T

he Resource Conservation and Recovery Act (RCRA) was enacted in 1976 to manage the large volumes of municipal and industrial solid waste being generated. The RCRA homepage developed by the Environmental Protection Agency (EPA) may be found at http://www.epa.gov.osw. RCRA’s goals are to protect humans and the environment from waste exposure; to conserve energy and natural resources using recycling and waste recovery techniques; to reduce waste generation; and to ensure that wastes are properly managed. 1 RCRA is broken down into four distinct categories. Subtitle C establishes a system for controlling hazardous waste from the point of generation to the ultimate disposal, often called the “cradle to grave” system. Subtitle D establishes systems for controlling solid or non-hazardous waste, such as household waste. Subtitle I regulates the underground tank storage of toxic substances and petroleum products and Subtitle J deals with medical waste .2 The framework of hazardous waste management regulations is established under Subtitle C of RCRA. This regulatory framework was designed to protect human health and the environment from improper management of hazardous materials.

RCRA Waste Management Components (40 CFR Parts 261-299) 1. 2. 3. 4.

Identification and Listing of Hazardous Waste, 40 CFR 261 Standards Applicable to Generators of Hazardous Waste, 40 CFR 262 Standards for Treatment, Storage, and Disposal Facilities (TSDs), 40 CFR 264 Interim Status Standards for TSDs, 40 CFR 265

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Chapter Two: RCRA Solid Waste Disposal Act

Subtitle C Hazardous Waste

RCRA Operating Requirements

Subtitle D Solid Waste

Subtitle I Undergound Storage Tanks

Subtitle J Medical Waste

RCRA Corrective Action

Part 261 Waste Identification

Part 266 Specific Waste Requirements

Part 262 Generator Requirements

Part 268 Land Disposal Restrictions

Part 263 Transporter Requirements

Part 270 Permit Program Requirements

Part 264 Treatment, Storage and Disposal Requirements

Part 271 State Authorization Requirements

Part 265 Interim Status Requirements

Part 273 Universal Waste Requirements

Figure 2.1. Resource Conservation and Recovery Act Tree3

5. Interim Status Standards for Owners and Operators of a New Hazardous Waste Land Disposal Facility, 40 CFR 267 6. Land Disposal Restrictions, 40 CFR 268 7. Requirements for Authorization of a State Hazardous Waste Program, 40 CFR 271 8. Standards Applicable to Transporters of Hazardous Waste, 40 CFR 272

Part 261 Waste Identification Defining what is a hazardous waste is an important question because only those wastes defined by Congress as hazardous are to be regulated under Subchapter C of RCRA: solid waste, or a combination of solid wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may:

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(i) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or; (ii) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed.4 Using “process knowledge” or laboratory analysis, the generator is responsible for determining if he/she has a hazardous waste. There are two types of hazardous waste, listed and characteristic. Listed waste includes hundreds of wastes from nonspecific sources (F wastes), manufacturing processes (K wastes), and discarded chemical products (P and U wastes). Characteristic waste is defined as waste which possesses one or more of the following criteria. The four criteria include: Ignitability. Easily catches fire, with a flash point of less than 140o F. Corrosivity. Easily corrodes materials or human tissue, very acidic of alkaline (pH less than 2.0 or greater than 12.5). Corrodes steel at 6.35mm/yr @ 130o F. Reactivity. Explosive, reacts with water or acid, unstable. Toxicity. Causes local or systemic damages that result in adverse health effects in an organism. Toxicity determined by the Toxicity Characteristic Leachate Procedure (TCLP).2 A solid waste is hazardous if it is named on one of three lists developed by the EPA (Table 2.1): Listed Hazardous Waste Nonspecific sources (F wastes) Specific sources (K wastes) Commercial chemical products-Acutely hazardous (P wastes) Commercial chemical products-Non-acutely hazardous (U wastes)

Characteristic Hazardous Waste Ignitable

Other Hazardous Waste Mixtures (hazardous and non-hazardous)

Corrosive Reactive Toxic

Derived-from wastes (treatment residues) Materials containing listed hazardous materials

Table 2.1 RCRA Hazardous Waste Categories Nonspecific source wastes, F wastes. (40 CFR 261.31) Wastes under this list are generic wastes, commonly produced by manufacturing and industrial processes.

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Chapter Two: RCRA

Specific source wastes, K wastes. (40 CFR 261.32) This list contains wastes from specifically identified industries such as wood preserving, petroleum refining, and organic chemical manufacturing. Commercial chemical products, P and U wastes. (40 CFR 261.33) This list consists of wastes that are specific commercial chemical products or manufacturing chemical intermediates.1

Hazardous Waste Mixtures A mixture of a listed hazardous waste and a non-hazardous solid waste is considered a hazardous waste. However, if the mixture does not exhibit any hazardous characteristics, then the mixture is deemed non-hazardous. Derived-from Rule Any residue from the treatment, storage, or disposal of a listed waste is still a listed hazardous waste unless the waste is recycled to make new products or processed to recover useable material with economic value.1 Excluded Wastes Handlers of these materials are not subject to any hazardous waste regulation.5 Industrial ethyl alcohol Scrap metal Waste-derived fuels from refining processes Unrefined waste-derived fuels and oils from petroleum refineries Petroleum coke

Part 262 Generator Requirements (Table 2.2) A generator is any person whose act or process produces hazardous waste or whose act first caused the waste to be regulated as a hazardous waste under 40 CFR 260.10.2 Generator Classifications 1) Large Quantity Generators Producer of 1000 kilograms or more of hazardous waste (2200 pounds or more / 265 gallons or more) or more than 1 kilogram of acutely hazardous waste material in a calendar month 2) Small Quantity Generators Producer of 100 to 1000 kilograms of hazardous waste (220 – 2200 pounds or more / 26 – 265 gallons) and less than 1 kilogram of acutely hazardous waste

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material in a calendar month Large and small quantity generators are subject to regulations contained in 40 CFR Part 262. Such regulations include: EPA ID number Preparing waste for transportation Accumulation and storage requirements Recordkeeping and reporting Requirement

Conditionally Exempt

Small Quantity

Large Quantity

Amount of waste (40 CFR 261 and 262)

0-100 kg/month

100-1000 kg/month

>1,000 kg/month

Amount of acute waste (40 CFR 261 and 262)

Environmental policy, objectives, and targets http://www.iso.ch/markete/more14k.htm Implementation of an EMS has the potential to improve an organization’s environmental performance and compliance with regulatory requirements http://web.ansi.org/public/iso14000/news/09-97emr_17.html Industries dealing in health, safety, and environmental issues http://www.latinsynergy.org/iso.htm Multi-State Working Group (MSWG) on Environmental Management Systems http://www.naep.org/NAEP/Conference/1999/Abstracts/tmp/old/author/Edwards.ht ml Subjects addressed by ISO 14000 http://www.iso.ch/9000e/iso14000.pdf Compliance with ISO 14000 http://www.p2.org/iso.html Working Groups of ISO http://www.epa.gov/epaoswer/non-hw/industd/guide/app8-9.pdf

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LIABILITY AND ENFORCEMENT

15

Andrea Depatie and Kevin Doherty

E

nvironmental Enforcement and Liability are important issues in preserving our environment. Environmental laws and statutes are written and enacted with the intention of bettering the atmosphere and human health. However, simply because a law is passed doesn’t mean facilities and polluters will automatically change their procedures. The theory of compliance offers a method that provides a system to assist laws in producing positive results.1 The theory of compliance consists of four parts: implementation, compliance, enforcement, and effectiveness. Following these steps and holding responsible parties liable is expected to motivate companies and industries to meet the requirements for creating a positive change in the condition of the environment. Implementation refers to the legislative, organizational, and practical actions that are taken to make a law operative.1 When a law becomes implemented it is punishable if it is not followed. Compliance is conforming to the law and following the written statutes and requirements. Failure to comply with the law will result in criminal sanctions. Enforcement is the method that is available to individuals (enforcement agents, corporations, and citizens) to ensure that the law is being followed properly and safely.1 Examples of the types of enforcement available are: testing and monitoring, giving or withholding funds, civil damages, fines, denial of certification, and injunctions.2 Lastly, effectiveness is the degree to which individuals and corporations have met a law’s objectives and goals. The ultimate level of effectiveness is many times related to the amount of enforcement exerted.1 This demonstrates the need and importance of enforcement in this process.

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With each year, new methods and information are being discovered about environmental issues. The attitude of compliance is also changing. Today, many incentives are being offered to companies that follow the law. This new incentive approach differs from the traditional command and control approach. The command and control approach is dependent upon someone violating the laws followed by a punishment. The new incentive approach offers companies more creative ways of changing their methods, creating a lot less work for enforcement agents. This also frees the time of enforcement agents to detect other violations, monitor those guilty of the violations, and provide more accurate and effective information at a quicker rate.1 Agents have been more stringent in prosecuting violators through the Department of Justice (DOJ) because in many situations companies are now offered more flexible methods in correcting the violations. The Department of Justice is responsible for handling all of the violations detected by enforcement agents.2 The Environmental Protection Agency (EPA) cannot directly handle or prosecute any of their findings without the legal proceedings of the Department of Justice. The Department of Justice contains the Organization of Environment and Natural Resource Division. The purpose of this division is to hold the guilty parties of environmental violations responsible for the costs of cleanup and fines instead of spending the public’s tax dollars. Within the Division of Environment and Natural Resource there is nine offices, including the Environmental Crimes Section, the Environmental Defense Section, and the Environmental Enforcement Section . The individual descriptions of these sections can be found at . The EPA and the DOJ fight and prosecute environmental crime. In order to be considered an environmental violation an action must break an environmental law and endanger a person and/or the environment. Offenders are usually corporations or individuals.2 The EPA can find individuals or companies guilty of a criminal violation or a civil violation. Criminal violations tend to take a great amount of time and money to resolve. Many times they also result in a punishment less strict than originally proposed.3 Civil violations usually result in fines or corrective action of the violation. These civil proceedings are usually easier to prove and result in less lengthy court proceedings.3 There are three kinds of criminal violations that are written into laws and statutes. They are defined as negligent actions, knowing violations, and knowing endangerment.3

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Negligent action. This is an act that is not intended to inflict injury. However, negligent acts are also handled as a criminal case if it can be proven there was intent to commit an injury. Under the definition of negligence there are three main factors that include: 1. the committing or omitting of a negligent act, 2. owing another by legal duty imposed under the law, or 3. causing or resulting harm to the plaintiff or the plaintiff’s property.4 In negligence cases a defendant will be liable if the plaintiff proves the defendant has a duty to prevent or to avoid harm to the plaintiff, that the defendant failed to meet the requirement, and that the failure was the proximate cause of the harm suffered to the defendant.5 The proximate cause of injury is known to be the natural and continuous sequence of actions, unbroken by intervention, which causes injury. Without those actions the ending result of injury would not have occurred. If an individual is harmed by a negligent action, such as the improper disposal of a hazardous waste, they can file a suit in order to get reimbursed for their losses. In such a case, a defendant cannot defend him or herself by stating that they had full compliance with all government regulations and that they had all the necessary permits. In some states an individual can be held liable, without the need for further evidence, if they did not comply with the regulations or attain the needed permits. Knowing violations: A knowing violation is the second kind of criminal violation that is written into law. Knowing violations cover three different actions: 1. knowing of one’s actions as opposed to an accidental occurrence; 2. if action is taken to avoid the truth, knowledge can be inferred; and 3. claiming ignorance of the law since knowledge can be inferred by one’s position in the company.5 Any employee that participates directly in an illegal act is subject to criminal provisions. Also included is any employee who did not personally participate in or have knowledge of illegal activities, but who are in certain managerial positions or work in an area governed by health and safety statutes. We should in fact have such knowledge and so may be charged with the violation. The manager will be held liable if: 1. the violation occurred within the area of the manager’s supervision or control,

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2. the manager had the authority and power to prevent the act, 3. the manager knowingly did not correct the action. 4 Criminal liability will be passed onto the manager who is responsible for supervising and directing employee activities that are regulated by environmental laws. This doctrine of implying liability upon the manager or operating officer is being used more today. In the case U. S. v. MacDonald and Watson Waste Oil (1991) the court found the executives guilty of the violations committed stating that there was a sufficient amount of evidence to demonstrate that they had knowledge of the acts, although they were not physically involved.2 Knowing endangerment: The third type of criminal violation is knowing endangerment. In a knowing endangerment case, the court must try to determine whether the defendant knew that a violation placed another person in imminent danger of death or serious bodily injury. The court is required to demonstrate the defendant’s knowledge in order to proceed with prosecution. A manager will be held liable of knowing endangerment if he or she ignores, refuses to act on, or attempts to avoid information of illegal activity.2

THE U. S. COURT SYSTEM The U. S. Court System will ultimately decide the sentence of the accused individuals. This is an important factor in determining how society will respond to the enforcement agents and the regulations they have violated. For example, if the court system gave out verbal warnings to everyone found guilty of violating the law, there would not be a lot of motivation to correct their negative actions. However, if facility managers and individuals are fined or even imprisoned, corrective methods would be found at a quicker rate. So, it is important that the courts uphold the law in the best manner possible for the environment and for human health. In the 1980s, Congress amended and improved environmental legislation that strengthened the criminal penalties that are available to punish violators.3 Congress focused on the Resource Conservation and Recovery Act (RCRA), making it a felony for a person to treat, store, or dispose of hazardous waste without a permit.3 This amendment is the first felony sanction incorporated into environmental legislation.3 Further revisions have been made on RCRA, making violators of this act punishable by a prison term up to 5 years.2 Following RCRA’s lead, other environmental legislation was reviewed and amended with criminal punishments written into them.

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The Department of Justice (DOJ), the EPA, and the Federal Bureau of Investigation (FBI) in the 1980s began prosecuting violators and the officers of corporations because of the stringent punishments in the legislature. In 1983, the DOJ’s enforcement budget was $257,000.3 By 1993, the enforcement budget was $44.5 million.3 This shows how important the aspect of enforcement is in preserving the law. In 1990, the Department of Justice handled 134 criminal indictments.3 The U. S. courts also play an important role in protecting our environment and prosecuting violators of the law. The U. S. Court System is active at the state and local level as well as the federal level. State and local courts differ from state to state in terms of their regulations and laws. State courts also differ from the federal court system. For example, Illinois imposes a fine of $500,000 per day and up to 7 years of imprisonment if found guilty of criminal disposal of hazardous waste.3 The federal Resource Conservation and Recovery Act punishes individuals for committing the same violation of disposing of hazardous waste by a $50,000 fine and/or 5 years in prison.3 This demonstrates the differences in the state and federal level and that a state may enforce stronger punishments than the federal government. It is common for state legislation to vary from state to state and from the federal law. Therefore, it is important to know the law of the state, in which you are working.2 Many times facility managers and operators are held liable for regulations that are different from the ones they knew, because they are working in a different state.2 Many of the violators will be dealt with at the local or state level. The local courts have the power to handle most of the cases they are confronted with. However, if one of the parties is dissatisfied with the outcome or an appeal is filed, the case may move into the court of appeals. There are twelve courts of appeals in the U. S.2 If after a case is heard at the court of appeals, and one or both of the parties are still dissatisfied, a petition may be granted to send the case to the Supreme Court. However, just because a petition is filed for the U. S. Supreme Court, does not mean that it will be heard. The Supreme Court is highly selective in what cases they will hear. The stratified organization of our court system presents a sound opportunity for a fair trial. Any errors or discrepancies made at any level of the court system may be overruled or retried.2 This represents a system of checks and balances in an attempt to provide fairness in the court system. However, a lot of individuals: judges, lawyers, witnesses, and jurors are responsible for deciding the fate of the accused, and may times differing views and perspectives come into play.5 The involvement of many individuals has the potential to create mistrials and hung juries. The Supreme Court of the U. S. handles cases that are of national

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importance. Being the highest level of court available in the U. S., the judges that serve on the panel are appointed by the president. Supreme Court judges serve for life on the panel once they are appointed. This can create positive and negative impacts on the cases being tried, depending on the issue. For example, during the years that President Reagan served he developed a reputation for being an “anti-environment” president.1 He appointed Supreme Court judges that reflected his same beliefs and ideas. Therefore, many times environmental legislation would not pass through the Supreme Court during his reign. In the 1960’s, the civil rights movement was alive in the U. S. People who wanted to gain their rights during this time began using the court system as a way of being heard and as a way of advancing their cause. Today, this practice still continues. In most of the environmental legislation enacted, there are clauses that allow private citizens to sue the agency in violation of the law. The private citizen has to believe that the agency is not performing in accordance to the law and many times has suffered as a direct action of the agency’s negligence.

Sentencing by the Courts Regulatory agencies have several enforcement options available to them. If a violation has occurred, regulatory agencies will prosecute the highest-ranking individual they can within the company. Many times this is the facility manager or operator.4 In order to protect their reputation as well as their company’s they should be familiarwith the laws and the consequences of being found guilty of a violation. Regulatory agencies can propose the following regulatory options on those found guilty of a violation: 1. Do nothing; 2. Widespread negative publicity against the company or violator; 3. Revocation of existing permits and refusal to renew expiring permits; 4. Administrative penalty proceedings involving smaller penalties and corrective action; 5. Civil actions for monetary penalties and injunctive relief; 6. Criminal prosecution of the violator and sometimes of responsible management personnel. When an individual is found guilty of a violation, a sentence is proposed in accordance to the action. One of the most common criminal violations is providing false information or statements. This action is punishable by a fine, 5 years of imprisonment, or both.4 Recent amendments to Title 18 have allowed prosecutors to increase the

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amount of fines that can impede in environmental cases.4 Courts are given there sentencing power under their provisions 44 18 U.S.C.§571, which allow fines for the set violation or the following options: 1. Felony: $250,000/individual and $500,000/corporation 2. Misdemeanor resulting in death: $250,000/individual and $500,000/corporation 3. Misdemeanor: $5,000-$100,000/individual and $10,000$100,000/corporation In an effort to quickly remedy environmental violations, fines accumulate on a daily basis. Until February 1987, fines of $10,000 a day were enforced; they were then increased to $25,000 a day for certain violations.3

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REFERENCES 1. Vig, N.J. and Axelford, R.S., The global environment: institutions, law and policy. Congressional Quarterly Inc.,Washington, D.C., 1, 137, 1999. 2. Situ, Y. and Emmons, D., Environmental crime: the criminal justice system’s role in protecting the environment. Sage Publishers, Thousand Oaks, CA., 1, 124, 2000. 3. Reinke, D.C. and Swartz, L.L., The NEPA reference guides, Battelle Press, Columbus, OH., 1, 206, 1999. 4. Wing, K.R., The law and the public’s health. Health Administration Press, Chicago, IL., 4, 9, 1995. 5. Dowden, L. and McNurney, J., Municipal environmental compliance manual. Lewis Publishers, Boca Raton, FL., 1, 23, 1995. 6. U. S. Department of Justice http://www.usdoj.gov/enrd/enrd-home.html

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WEB LINKS FOR THIS CHAPTER Compliance Online http://www.ieti.com/taylor/compliance.html Environmental Compliance and Technology On-Line http://www.eiccd.cc.ia.us/ecat/index.html EPA Compliance and Enforcement http://es.epa.gov/oeca/index.html Environmental Protection Agency Compliance Resources http://www.federalregister.com/hpages/envlink.html The Environmental Compliance Assistance Center http://www.hazmat.frcc.cccoes.edu/homepage.htm

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INDEX

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INDEX A Abandoned waste sites, 3-2 Accident reporting, 3-5–3-6; see also Notification; Spills Accreditation of registrars for ISO 14000, 14-5 Acid deposition, 11-2, 11-9–11-11, 11-15, 13-8 Acid plumes, 11-9 Acid rain, see Acid deposition Acid Rain Program, 11-11 Acids, 2-17, 13-4 Acid-sensitive ecosystem, 11-10 ACM (asbestos containing material), 7-5, 9-1 Acne, 7-4 Adirondack Mountains, 11-10 Administrative Order, 3-10 Administrative record, 3-9 Advanced treatment of municipal waste, 12-3 Aerosol propellants, 11-16 African American communities, 13-2, 13-3 Agency for Toxic Substances and Disease Registry, 13-1, 13-3 Agricultural pesticides, 2-16; see also Pesticide regulations Agricultural soil runoff, 12-1, 12-5 AHERA (Asbestos Hazard Emergency Response Act), 9-2, 9-5–9-6 Airborne pollutants as nuisance, 1-7 Air cargo transportation of hazardous materials, 2-6, 5-1, 5-9 Air emissions asbestos, 9-4, 9-6–9-7 nitrogen oxides, 11-11–11-12 ozone, 11-6–11-7, 11-16 requirements, 1-5 standards, 2-11 sulfur oxides, 11-11 toxics, 11-14 vehicles, 11-8, 11-14 Air pollution, see Air quality regulations Air Quality Act, 10-3 Air Quality Control Regions (AQCRs), 11-12 Air quality regulations, 11-1–11-23 air pollution episodes, 11-1–11-3

criteria pollutants, 11-3–11-12 carbon monoxide, 11-7–11-8 lead, 11-8 ozone and photochemical oxidants, 11-6–11-7 particulate matter, 11-3–11-6 sulfur or oxides, 11-8–11-12 acid deposition, 11-9–11-11 aquatic ecosystems, 11-10, 11-12, 11-15 directions in control, 11-11 effects on forests and plants, 11-10– 11-11 health and welfare effects, 11-8–11-9 nitrogen oxides, 11-11–11-12 global warming, 11-2, 11-13, 11-19 history, 11-12–11-19 Clean Air Act, 11-8, 11-12–11-19; see also Clean Air Act other titles, 11-18 ozone and particulate revised standards, 11-18–11-19 Title I, NAAQS, 11-13–11-14 Title III, air toxics, 11-14–11-15 Title IV, acid deposition control, 11-15 Title V, permits, 11-15–11-16 Title VI, stratospheric ozone, 11-16– 11-18 Air quality standards, 11-12–11-15, 11-18– 11-19 Alabama, 6-6, 13-2 Alarms in storage areas, 2-7 Albany, NY, 11-13 Aldehydes, 11-4 Aldrin-Dieldrin, 10-1 Alkyl peroxy radicals, 11-6 Allowances for emission banking and trading, 11-15 Alpha radiation, 7-6–7-7 Alternative cleanup technologies, 8-11 Alternative fueled vehicles, 1-3 Alternatives to CFCs, 11-18 Alternative waste generation programs, 6-7 Aluminum, 11-4, 11-10 Aluminum corrosion, 5-7

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I-2 Ambient water quality standards, 12-3, 12-4 American Automobile Manufacturers Association, 14-9 American Electroplaters and Surface Finishers Society, 6-13 American Forest and Paper Association, 14-9 American Iron and Steel Institute, 14-9 American Lung Association, 11-3 American National Standards Institute (ANSI), 14-1, 14-3 American Petroleum Institute, 14-9 American Samoa Environmental Protection Agency, 6-7 Ammunition, 7-3 Amosite, 7-4–7-5, 9-1 Anemia, 7-4 ANSI (American National Standards Institute), 14-1, 14-3 Antarctic ozone hole, 11-16 Anti-scavenging ordinances, 6-12 Appalachian Mountains acid deposition, 11-10 Aquatic ecosystems acid deposition, 11-10, 11-12, 11-15 water pollution, 12-2 Arizona air pollution, 11-3 Arkansas environmental justice laws, 13-8 Aroclor, 3-4, 7-3 Arsenic, 11-14 Asbestos, 3-3; see also Asbestos regulations described, 7-4–7-5 hazardous air pollutant, 11-14 illnesses, 7-5–7-6 lawsuits, 1-6 Asbestos containing material (ACM), 7-5, 9-1 Asbestos Hazard Emergency Response Act (AHERA), 9-2, 9-5–9-6 Asbestos in Schools Rule, 9-5–9-6 Asbestosis, 7-5 Asbestos regulations, 9-1–9-9 health threat, 9-1–9-5 demolition and removal, 9-3–9-4 phasing out ACM, 9-2–9-3 transport and disposal, 9-4–9-5 Worker Protection Rule, 9-4 National Emission Standards for Hazardous Air Pollutants (NESHAP), 9-2–9-4, 9-6–9-7

INDEX schools and public buildings, 9-5–9-6 state regulation, 9-7 Association of Official Analytical Chemists, 10-3 Asthma, 11-3, 11-4, 11-9 Atomic Energy Act, 7-3 Attorney general, state authorization, 2-15 Auditing system, ISO 14000, 14-4, 14-6 Australia, secretariat of TC-207 subcommittee, 14-2 Authorized states, 2-15 Automatic shutoff devices, 8-5, 8-7 Automatic tank gauging systems, 8-5–8-6 Automobile association, 14-9 Automobile manufacturing industry, 6-11 Automobiles, see Cars Automotive Mercury Switch Collection and Recycling Project, 6-12 Awards programs for pollution prevention, 6-8

B Backsliding, 12-5 Ball float valves, 8-5, 8-7 Bans asbestos, 7-3–7-6, 9-2–9-3 discharge limitations, 12-6 land disposal, 2-12, 6-12 PCBs, 7-3–7-4 pesticides, 10-2–10-3 Basins, 12-1–12-2 Batteries, 2-16 Belgium, 11-1 Benefits environmental justice, 13-6 ISO-14001, 14-7–14-8 of source reduction, 6-5, 6-8, 6-13 unemployment, 11-18 Benthic invertebrates, 11-10 Benzine, 11-14 Berkshire county, 3-4 Beryllium, 11-14 Best available control technology (BACT), 11-13 Best available technology (BAT), 12-2, 12-3, 12-4, 12-7 Best conventional technology (BCT), 12-2 Best demonstrative available technology (BDAT), 2-12

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INDEX Best practicable technology (BPT), 12-2, 12-3, 12-4 Bhopal, India chemical accident, 3-5, 4-1, 11-14–11-15, 13-4–13-5 Bhopal Peoples Health and Documentation Clinic, 4-1 Biennial report, Form 8700-13A, 2-7 Bills becoming laws, 1-1 Bioaccumulation, 7-4, 13-6 Biochemical oxygen demand (BOD), 12-1–12-3 Biological Effects of Ionizing Radiation (BEIR) IV, 7-7 Bioremediation, 3-11 Birth defects, 7-4, 13-4 Blast hazard, 5-2, 5-3, 5-9 Blue section in DOT Guidebook, 5-12 Boilers, 2-12, 9-1, 11-9, 11-11 Boiling liquid expanding vapor condition (BLEVE), 5-3 Border between U.S. and Mexico, 13-4 Bottled water, 12-8 Brake pads and linings, 7-6, 9-1 Brazil conference, 14-1 Bronchitis, 11-2, 11-3, 11-7 Buildings, see also Schools public, asbestos history, 9-5–9-6 radon contamination study, 7-7 soiled by air pollution, 11-3 Burning of hazardous waste, 2-11 Businesses car manufacturing industry, 6-11 corporate environmental management, 14-1 Fortune 500 companies, 3-10 industry cooperation with pollution prevention, 6-1, 6-12–6-13 manufacturers of hazardous chemicals, 7-1 McDonald's restaurant corporation, 14-8 membership in NRSPPP, 6-10 multi-national corporations, 13-5 and technical assistance programs, 6-5 Union Carbide India Limited, 4-1, 13-4–13-5

C Cadmium, 3-1 Calcium, 11-4 California air pollution, 11-3, 11-7

I-3 environmental justice legislation, 13-8 non-attainment classification, 11-13 regulation integration, 6-7 Canada acid plumes, 11-9 airlines source reduction, 6-8 asbestos deposits, 9-1 hazard classification system, 5-9 secretariat for TC-207, 14-2 Cancellation of pesticides, 10-2–10-3 Cancer, 3-4, 7-4, 7-6–7-8, 11-3, 11-14, 13-3, 13-4 Cancer Alley, 13-3 Capacitors, 7-3 Capillary dilation, 11-2 Carbon dioxide, 11-19 Carbon monoxide air quality standards, 11-4 health effects, 11-5, 11-7–11-8 non-attainment areas, 11-13 reductions, 11-3 Carcinogens, 7-4 Cardiovascular disease, 11-1–11-3, 11-6, 11-9 Cars, 1-5, 11-7, 11-8, 11-9, 11-14 gasoline engine invention, 3-1 Catchment basins, 8-5 Categorization of pollutants, 12-2–12-3 Cathodic protection, 8-5, 8-7–8-8 Caves, 2-10 Cements, 7-6 Central Europe acid deposition, 11-10 CEQ (Council on Environmental Quality), 10-1 CERCLA, 3-1–3-14 amended by SARA, 4-1 and environmental justice, 13-5–13-8 EPA enforcement policy, 3-9–3-10 EPA settlements, 3-10–3-11 hazardous site cleanup, 3-6–3-9 hazardous sites ranking, 3-6 hazardous waste, 3-3, 3-4–3-5 list of hazardous substances, 6-12, 8-2 National Priorities List, 3-6 response authorities, 3-5–3-6 source identification, 3-3–3-4 Superfund, 3-2, 3-11 CERCLIS (Comprehensive Environmental Response and Liability Information System), 3-8

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Page 4

I-4 Certification, ISO 14000 standard, 14-4–14-6 Cesium, 13-4 CFCs, 3-3, 9-2, 11-2 phase out, 11-16–11-18 CFR, see Code of Federal Regulations Characteristic hazardous waste, 2-3, 2-12, 3-3 Chavis, Dr. Benjamin, 13-2 Chemical additives, 3-1 Chemical inventories, 4-3–4-4 Chemical Manufacturers Association, 14-8, 14-9 Chemists, 10-3 Children hazardous household products, 7-9 lead poisoning, 11-8, 13-5 nitrogen dioxide risks, 11-12 ozone exposure, 11-7 pesticide effects on, 10-2 sulfur oxide risks, 11-9 China, 11-2, 11-9, 11-19 Chlorinated compounds, 3-1 Chlorofluorocarbons, see CFCs Chrysotile, 7-4, 9-1 Cigarette smoking, 7-6, 7-7–7-8, 9-2 Civil actions, see also Lawsuits; Liability and enforcement citizen lawsuits, 4-6 citizen suits over water quality, 12-4, 12-9 enforce air pollution requirements, 11-12 penalties for pesticide violations, 10-4 Civil rights activists, 13-2, 15-6 Civil rights statutes, 13-5 Civil violations, 15-2–15-3 Classification of hazardous materials, see Hazard classification system Clay covers, 3-8 Clean Air Act, 1-3 Amendments, 11-9, 11-12–11-19 asbestos regulations, 9-2, 9-6 history, 11-8, 11-12–11-19 titles, see Air quality regulations, history, Clean Air Act Cleanup of hazardous sites and environmental justice, 13-6–13-7 Superfund, 3-6–3-10 Cleanup program for underground storage tanks, 8-10 Cleanup regulations, 1-3

INDEX Clean Water Act, 1-3, 1-5, 3-5 Amendments, 12-4–12-5 dredge and fill, 12-7 listed toxic pollutants, 12-2 NPDES permit, 2-14 Section 311, oil pollution, 12-6 used by EPA, 3-3 Clearinghouse for source reduction information, 6-4, 6-8 Closed waste sites, 3-2 Closing notification, 8-9 Closure of treatment, storage, and disposal facilities, 2-11 of underground storage tanks, 8-2, 8-8– 8-10 Coal, 11-1, 11-11, 11-19 Coarse particulates, 11-3–11-5, 11-6 Coastal Zone Management Act (CZMA), 12-5 Code of Federal Regulations Title 10, Part 71, 5-7 Title 40, 3-3; see also Resource Conservation and Recovery Act Part 122, Environmental Law Handbook, 12-4 Part 300, 13-7 Part 355, 4-2 Part 370, Hazardous Chemical Reporting, 4-3 Part 372, Toxic Chemical Release Reporting, 4-4 Part 761, 7-4, 7-5 Part 763, Subpart G, Worker protection rule, 9-4 Part 763, Subpart I, Asbestos, 9-2–9-3 Title 49, 5-9 Part 172, 5-2 Part 173, 5-7 Part 173 Shippers - General Requirements for Shipments and Packagings, 5-10, 5-11 Coke ovens, 11-14 Color coding in DOT Guidebook, 5-12–5-13 of placards, 5-2, 5-11 on transport vehicles, 5-11 Command and control approach, 15-2

INDEX

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Page 5

INDEX Commercial chemical products, 2-3–2-4 Commission on Racial Justice (CRJ), 13-2–13-3 Committee on Biological Effects of Ionizing Radiation (BEIR) IV, 7-7 Committees for local emergency planning, 4-2, 4-5 Common law, 1-6 Common Sense Initiative (CSI), 6-11 Community recycling programs, 6-7 Companies, see Businesses Compensation, 1-3, 1-6, 1-8 Competitive acquisition contracts, 4-6 Compliance, see also Liability and enforcement of environmental regulations, see ISO 14000 obligations, 1-1–1-3 schedules, water quality, 12-4 theory of compliance, 15-1 Comprehensive Air Quality Act, 11-12 Comprehensive Environmental, Response, Compensation, and Liability Act, see CERCLA Comprehensive Environmental Response and Liability Information System (CERCLIS), 3-8 Compressed gases, 5-3 Computers and electronics industry, 6-11 Congeners, 7-3 Congress definition of hazardous waste, 2-2 environmental justice message, 13-8 global warming treaty, 11-19 pollution prevention, 6-2–6-3, 6-9 strengthened criminal penalties, 15-4 toxic air pollutant action, 11-14–11-15 Conifer forests and acid deposition, 11-10 Connecticut, 1-5, 6-10 Consent Decree, 3-10 Construction regulating activities, 1-2 Consumer Products Safety Commission (CPSC), 7-9, 9-3 Container management, generator requirements, 2-5 Containers manufacture regulations, 5-1 for pesticides, 10-3 standards of design and operations, 2-10

I-5 transport requirements, 2-7, 5-9–5-10 Containment buildings standards, 2-10 Continental shelf, 12-5 Contingency plans oil spills and hazardous substances, 3-3, 3-5–3-6 treatment, storage, and disposal requirements, 2-10 Conventional pollutants, 12-2 Corporations, see Businesses Corrective action, 2-14–2-15, 14-5, 14-7, 15-2 Corrosion of metal, 2-3, 5-7, 11-3, 11-8, 11-15 Corrosion protection for underground storage tanks, 8-2, 8-4–8-5, 8-7–8-8 Corrosive gases, hazard classification system, 5-9 Corrosive materials, hazard classification system, 5-7–5-8 Corrosivity, characterisitic waste criteria, 2-3, 3-3 Cosmetics, 7-3, 7-9 Costs allowances for air emissions, 11-15 CFCs, 11-18 cleanup process, 3-8 environment-related spending, 14-8 Leaking Underground Storage Tanks Trust Fund, 8-11 oil spills, 12-6, 14-8 pesticide penalties, 10-4 of pollution in stock markets, 13-8 Council on Environmental Quality (CEQ), 10-1 Courts of law, 15-4–15-7 CPSC (Consumer Products Safety Commission), 7-9, 9-3 Cradle to grave system, 2-1, 2-6 Crime, environmental, 15-2 Criminal penalties, pesticide violations, 10-4 Criminal sanctions, 15-1 Criminal violations, 15-2–15-4 Crocidolite, 7-4–7-5, 9-1 CSI (Common Sense Initiative), 6-11 Curricula development, source reduction for schools, 6-6 Czech Republic, acid deposition, 11-10 CZMA (Coastal Zone Management Act), 12-5

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Page 6

I-6

D Dangerous materials when wet, hazard classification system, 5-4 Databases EPA state grants, 6-10 federal government publications, 7-2 Data collection in CERCLA response process, 13-6 of source reduction, 6-4, 6-8–6-9 DDT, 10-1 Death air pollution, 11-1–11-3, 11-6 Bhopal, India, see Bhopal, India chemical accident from carbon monoxide, 11-8 notification of NRC, 2-8 Decomposers, 11-10 Decomposition of waste material, 12-1 Delaney Clause, 10-2 De minimis settlements, 3-10–3-11 Demolition of asbestos, 9-3–9-4 Demonstration projects, 6-7 Denmark, CFC phase out, 11-18 Department of _, see U.S. Department of _ Deposit, disposal requirements, 2-8–2-9 Derived-from rule, 2-4 Dermal toxicity, 5-7, 7-4 Destruction of environment, 13-8 Detergents, 12-1 Developing nations, 11-19, 13-5 Dibenzodioxins, 9-2 Dibenzofurans, 9-2 Dielectric fluid, 7-5 Dikes, 3-8 Dilution prohibition, 2-12 Dioxin, 3-1 Discharge, 3-4 disposal requirements, 2-8–2-9 of hazardous wastes, 1-2 limitations, 12-6 Disease registry agency, 13-1, 13-3 Disease surveillance programs, 13-4 Disposal of asbestos waste, 9-4–9-5 of hazardous waste, 3-4 of pesticides, 10-3–10-4 prohibitions, 2-12, 6-12 Disposal, storage, and treatment requirements, RCRA, 2-8–2-11

INDEX Disproportionate adverse impacts, 13-6 Distributors of hazardous chemicals, 7-1 Districts, local emergency planning, 4-2 Division of Environment and Natural Resource, 15-2 DNA damage, 7-7 Dobson units, 11-18 Docket, hazardous waste, 3-4 Donora, PA, 11-1 Door-to-door surveys, 13-7 DOT, see U.S. Department of Transportation DOT Guidebook, 5-2, 5-9, 5-12–5-13 Dredge and fill permits, 12-7 Drinking water, 12-7–12-9 Drip pads, 2-7, 2-10 Drugs, 7-3, 7-9 Drums, salvage, 5-10 Dumping, 2-8–2-9, 3-4 Dust, 1-7, 11-3, 11-4 Dynamite, 5-2

E Earth Day, 10-1, 11-12 Eastern Europe air pollution, 11-2 Economic development and environmental pollution, 13-8 Edema, 11-2 Edison Electric Institute, 14-9 Education and outreach for pollution prevention, 6-6–6-7 Effectiveness in theory of compliance, 15-1 Effluent standards, 12-4 Egg Products Inspection Act, 7-3 EHS (extremely hazardous substance), 4-2–4-3 Elderly people, 11-1, 11-2, 11-6, 11-9 Electrical appliances, 7-3 Electrical wires, 7-6 Electric cars, 11-14 Electric utilities, 11-8, 11-9, 11-15 Electronic Industries Alliance, 14-9 Electroplaters Strategic Goals Program, 6-13 Elementary neutralization units, 2-13 Emergency permits, 2-13 Emergency planning, 3-5–3-6 Emergency Planning and Community Rightto-Know Act (EPCRA), 4-1–4-9 air toxics, 11-14 chemical inventories, 4-3 civil actions, 4-6

INDEX

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Page 7

INDEX emergency planning districts, 4-2 enforcement, 4-5 federal compliance, 1-4 history, 3-5 list used in TURA, 6-12 notification, 4-2 Pollution Prevention Act, 4-4 public access to information, 4-3, 4-5 reporting obligations, 4-2–4-4 subchapters, 4-2–4-5 trade secrets, 4-5–4-6 Emergency Planning Districts, 4-2 Emergency preparedness, 2-5, 3-5 Emergency procedures, 2-10 Emergency response, 4-2, 5-2, 5-12; see also North American Emergency Response Guidebook Emergency Response Plans, 1-4 Emergency suspension of pesticides, 10-2–10-3 Emissions, see Air emissions Emphysema, 11-3, 11-7 Employee commitment, 14-5 EMS (Environmental Management Systems), see ISO 14001 Energy efficiency, executive order, 1-4 Enforcement, see also Liability and enforcement along Mexican border, 13-4 EPA action, 3-9–3-10 of EPCRA, 4-5 theory of compliance, 15-1 of water quality, 12-7–12-9 England, 3-5, 11-2 Environmental Accounting Project (EAP), 6-13 Environmental awareness, 13-3–13-5 Environmental compliance, see ISO 14000 Environmental crime, 15-2 Environmental Defense Fund (EDF), 11-15, 14-8 Environmental destruction, 13-8 Environmentalists and environmental justice, 13-2 Environmental justice, 13-1–13-11 and CERCLA, 13-5–13-8 data collection and analysis, 13-6 distribution of impacts and benefits, 13-6

I-7 protection rollbacks, 13-7–13-8 public participation, 13-7 environmental awareness, 13-3–13-5 Bhopal, India, 13-4–13-5 Louisiana petrochemical corridor, 13-3 Mexico/U.S. border, 13-4 Yucca Mountain, Nev., 13-4 Executive Order 12898, 13-1–13-2, 135–13-6, 13-8 North Carolina landfill, 13-2 studies, 13-2–13-3 thinking globally, 13-8 Environmental Law Handbook, 12-4 Environmental laws, see Laws Environmental Management Systems (EMS), see ISO 14001 Environmental organizations in NRSPPP, 6-10 Environmental policy of an organization, 14-6 Environmental Priorities Initiative (EPI), 2-15 Environmental Protection Agency (EPA) air pollution control, 11-12–11-13 asbestos document, 9-2 creation of, 10-1–10-2 enforcement of EPCRA, 4-5 enforcement policy, 3-9–3-10 environmental justice definition, 13-1 Environmental Management Systems, 14-9 hazardous waste lists, 2-3 pollution prevention biennial reports, 6-9 history, 6-2 responsibilities, 6-2–6-9 strategy, 6-4 radon responsibility, 7-7 RCRA homepage, 2-1 Record of Decision, 3-9 Region VIII study, 13-2 settlements, 3-10–3-11 state authorization, 2-15 Superfund cleanup options, 3-6–3-8 Superfund management, 3-2 Toxic Substances Control Act administration, 7-2 treatment, storage, and disposal, 2-11 underground storage tanks regulation, 8-2 violators, dealing with, 15-2, 15-5 water quality enforcement, 12-2–12-4, 12-9

INDEX

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Page 8

I-8 Worker Protection Rule, 9-4 Environmental strategic planning, 14-5 EPA, see Environmental Protection Agency EPA identification number, 2-6, 2-7, 2-9 EPCRA, see Emergency Planning and Community Right-to-Know Act EPI (Environmental Priorities Initiative), 2-15 Equipment laws compliance obligation, 1-2 Esters, 11-4 Ethyl alcohol, industrial, 2-4 Europe, Central, acid deposition, 11-10 Europe, Eastern, air pollution, 11-2 European Union (EU), 14-2 Eutrophication, 12-1 Evacuating the public, 5-13 Examples of environmental compliance, 3-8, 14-8 Excavations, 3-8 Exception report, 2-7 Exceptions hazard classification system, 5-9 shipping hazardous waste, 5-9–5-10 treatment, storage, and disposal requirements, 2-9, 2-13 underground storage tanks, 8-3–8-4 Excluded wastes, 2-4 Executive agencies, 6-11 Executive Order 12856, 1-4, 6-11 Executive Order 12873, 1-4, 6-11 Executive Order 12898, 13-1–13-2, 13-5– 13-6, 13-8 Executive Order 12969, 4-6 Executive orders, 1-3–1-4 Exemptions, see Exceptions Explosion discharge limitations, 12-6 Explosives, hazard classification system, 5-2–5-3, 5-9 Extremely hazardous substance (EHS), 4-2–4-3

F Facility Response Plans, 12-8 Farmers agricultural pesticides, 2-16 migrant workers exposed to pesticides, 13-6 Farm wastes permit exceptions, 2-13 TSD exceptions, 2-9 Fauntroy, Congressman Walter, 13-2 FDA (Food and Drug Administration), 10-1

INDEX Feasible study, 3-6, 3-8 Federal acquisition executive order, 1-4 Federal buildings, radon study, 7-7 Federal Bureau of Investigation (FBI), 15-5 Federal Environmental Executive, 1-4 Federal Environmental Pesticide Control Act (FEPCA), 10-2 Federal Food, Drug, and Cosmetic Act, 7-2–7-3, 10-2 Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7-2–7-3, 10-1, 12-8 Federal law, see Laws Federal Oil Spill Response Fund, 12-6 Federal procurement, 6-3 Federal Register, publication of chemicals, 7-3 Federal statutes, 1-3–1-4 Federal Water Pollution Control Act (FWPCA), 12-3 Felony, 15-4, 15-7 Fences, 3-8, 10-3 FEPCA (Federal Environmental Pesticide Control Act), 10-2 Fertilizers, 12-1 Fiberboard box, 5-10 Fiberglass reinforced plastic, 8-5 FIFRA (Federal Insecticide, Fungicide and Rodenticide Act), 7-2–7-3, 10-1, 12-8 Final authorization, 2-15 Financial responsibility, see also Funds for closure of treatment, storage, and disposal facilities, 2-11 of underground storage tank operators, 8-2, 8-10, 8-11 Fine particulates, 11-3–11-5, 11-6, 11-12 Fines, 15-5, 15-7 Firearms, 7-3 Fire department, 4-2, 4-3, 5-12 Fire extinguisher in storage areas, 2-7 Fire hazard cleanup programs, 8-10 discharge limitations, 12-6 emergency response information, 5-12 hazard classification system, 5-2–5-6, 5-9 Fireplaces, 7-6 Fire resistance, asbestos/PCBs, 7-3, 7-5 First aid instructions, 7-9

INDEX

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Page 9

INDEX Fishable and swimmable waters, 12-3 Fishing, 13-6 Fish populations, 11-10, 11-15, 12-2 Flammable gases, hazard classification system, 5-3 Flammable liquids, hazard classification system, 5-3–5-5 Flammable solids, hazard classification system, 5-4–5-5 Fleets of vehicles, 11-14 Flooring, 7-6 Florida, 13-2 Fluidized-bed combustion, 11-11 Fluorescent lights, 7-3, 7-5 Fly ash, 11-3 Foam-blowing agents, 11-16 Food, 7-3, 7-9 Food and Drug Administration (FDA), 10-1 Forest association, 14-9 Forests, acid deposition, 11-10–11-11 Forms 8700-12, Notification of Hazardous Waste Activity, 2-6 8700-22, Uniform Hazardous Waste Manifest, 2-6 8700-13A, Biennial report, 2-7 Form R, 4-4–4-6 hazardous chemical inventory, 4-3 Fortune 500 companies, 3-10 France, secretariat of TC-207 subcommittee, 14-3 Friable asbestos, 9-3, 9-6 Fuels, 2-4, 3-1, 7-9, 11-8 Funds enforcement tactic, 15-1 grants for waste treatment facilites, 12-3 oil spill response, 12-6 state grants for source reduction, 6-4–6-5 water quality control, 12-3–12-4 Furnaces, 2-12, 7-6 F wastes, 2-3 FWPCA (Federal Water Pollution Control Act), 12-3

G 55-gallon limit, 2-8 Gases, hazard classification system, 5-2–5-4 Gas masks, 7-6 Gasoline, 5-4, 11-8, 11-14, 11-19, 12-4

I-9 Gasoline engine, 3-1 General Agreement on Tariffs and Trade (GATT), 14-2 General Electric Company, 3-4, 3-8–3-9, 14-9 Generator requirements, 2-4–2-6, 9-5 Generators, see Manufacturers Geneva, Switzerland, 14-1 Georgia, 13-2, 13-8 Germany, 11-10, 14-3 Gibbs, Lois, 3-2 Global climate protection, 11-16–11-18 Global thinking, 13-8, 14-8–14-9 Global warming, 11-2, 11-13, 11-19, 13-8 Goals federal standards vs. state regulations, 7-2 of source reduction, 6-12, 6-13 Governors' responsibilities, 4-2 Grants for municipal waste treatment facilities, 12-3 programs for pollution prevention, see Pollution Prevention Act, grant programs Great Britain acid deposition, 11-9 Greenhouse gases, 11-19 Green passport, 14-7 Green section in DOT Guidebook, 5-13 Groundwater contaminated by USTs, 8-1, 8-10 monitoring, 2-11 monitoring underground storage tanks, 8-5–8-6 protection from contamination, 1-5, 2-12 sampling, 3-8 testing for pesticide contamination, 10-3 Guidebooks DOT Guidebook, 5-2, 5-9, 5-12–5-13 Environmental Law Handbook, 12-4 source reduction for schools, 6-6

H Hair dryers, 7-6 Halon, 6-8, 11-18 Handlers of universal waste, 2-16 Handling instructions, 7-9 Harvesting trees regulating activities, 1-2 Hawaii air pollution, 11-3 Hazard classification system, 5-2–5-9 Hazardous and Solid Waste Amendments (HSWA), 2-14, 8-1

INDEX

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Page 10

I-10 Hazardous chemical inventory forms, 4-3 Hazardous Chemical Reporting Thresholds, 4-2 Hazardous materials, see also Hazardous substances; Transportation of hazardous materials hazard classification system, 5-2–5-9 mailing, 5-11–5-12 packaging, 5-10–5-11 shipping, 5-9–5-10 shipping papers, 5-11 Hazardous Materials Transportation Act (HMTA), 2-6, 5-1–5-2; see also Transportation of hazardous materials Hazardous Ranking System (HRS), 3-6 Hazardous sites Bhopal, India, 3-5, 4-1, 11-14, 13-4–13-5 cleanup, 3-6–3-10 Donora, PA, 11-1–11-2 Housatonic River, 3-4 London, England, 11-2 Los Angeles, CA, 11-2 Louisiana petrochemical corridor, 13-3 Love Canal, 3-2 Meuse River Valley, Belgium, 11-1 Mexico/U.S. border, 13-4 National Priorities List, 3-6 New York, 11-2 ranking of, 3-6 Warren County, NC, 13-2 Yucca Mountain, NV, 13-4 Hazardous substances, see also Hazardous materials; Identification of toxic substances air pollutants, 11-14 EPA evaluation, 7-2–7-3 labeling information, 7-9 nuisance, 1-7 reporting requirements, 4-2 source of water pollution, 12-2 Hazardous Substances Act (HSA), 7-8–7-9 Hazardous waste, 3-2–3-4 Hazardous waste management regulations, see Resource Conservation and Recovery Act Hazmat Transportation Safety Reauthorization Act, 5-2

INDEX Health and Human Services, 10-2 Health hazards, see also Illness, Public health and safety asbestos, 7-5–7-6 PCBs, 7-4 radon, 7-6–7-8 Health research, 13-1 Heating oil, 8-3 Heavy metals, 10-3, 11-8, 12-2, 13-4 Hemorrhaging, 11-2 Herbicides, 10-2 Highway transportation of hazardous materials, 2-6, 5-1, 5-9 History air pollution control, see Air quality regulations, history air quality regulations, 11-2–11-9 asbestos, 9-2, 9-5–9-6 EPCRA, 3-5 pesticides, 10-1–10-2 pollution prevention, 6-2 Toxic Substances Control Act, 7-2 of water quality regulations, 12-3–12-9 HM-181, 5-1 HMTA, see Hazardous Materials Transportation Act Holistic approach, 14-9 Hot Air Treaty, 11-19 Hotspots, 12-5 Housatonic River, 3-4, 3-8–3-9 House and Senate, 1-1 Household products, 7-8–7-9 Household waste regulations, 2-15 HRS (Hazardous Ranking System), 3-6 HSA (Hazardous Substances Act), 7-8–7-9 HSWA (Hazardous and Solid Waste Amendments), 2-14, 8-1 Human and animal waste, 12-1 Hunting for food, 13-6 Hydraulic fluids, 7-3 Hydrocarbons, 11-4 Hydrogen peroxides, 5-7

I Identification of toxic substances, 7-1–7-11 asbestos, 7-4–7-6 Hazardous Substances Act, 7-8–7-9 PCBs, 7-3–7-4 radon, 7-6–7-8

INDEX

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Page 11

INDEX state regulations, 7-1–7-2 Toxic Substances Control Act, 7-2–7-3; see also Toxic Substances Control Act ID number in hazardous classification system, 5-2, 5-11 Ignitability, 2-3, 2-10, 3-3 Ignitable materials, 5-3–5-5 Illinois, 11-9 Illness air pollution, 11-1–11-3, 11-6 from asbestos, 7-5–7-6, 9-2 Bhopal, India, 13-4–13-5 from carbon monoxide, 11-8 in definition of hazardous waste, 2-3 from lead, 11-8 in Love Canal, 3-2 from ozone, 11-7 from PCBs, 7-4 from radon, 7-6–7-8 Imminent hazard, 7-2–7-3, 10-3 Implementation, theory of compliance, 15-1 Implementation and operation of EMS, 14-7 Importers of hazardous chemicals, 7-1 Impressed current, 8-7, 8-9 Incentive approach, 15-2 Incinerators, 2-14 India chemical accident, see Bhopal, India chemical accident Indiana, 11-9 Indian tribes, 6-4, 13-4 Industrial ethyl alcohol, 2-4 Industrial facilitites, 3-5 Industrial furnaces, 2-12 Industrial solid waste managed by RCRA, 2-1 Industrial wastewater, 12-5–12-7 Industry, see Businesses Infectious substances, hazard classification system, 5-7 Inhalation toxicity, 5-7 asbestos, 7-5, 9-2 carbon monoxide, 11-8 lead, 11-8 ozone, 11-7 PCBs, 7-4 radon, 7-6–7-7 Injection disposal requirements, 2-8–2-9

I-11 underground injection permit program, 2-14, 12-8 Injury, see also Illness asbestos, 7-5–7-6 Bhopal, India, 13-4–13-5 lawsuits, 15-3 notification of NRC, 2-8 PCBs, 7-4 radon, 7-6–7-8 trespass and negligence, 1-7, 1-8 Innocent purchaser clause, 3-10 Insecticide Act, 10-1 Insecticides, 3-1, 7-9 Inspections asbestos, 9-4 of hazardous sites, 3-6 treatment, storage, and disposal facilities, 2-9 of underground storage tanks, 8-9 Installation notification for underground storage tanks, 8-8 Institute of Medicine, 13-1 Insulating material, 7-3, 7-6, 9-3 Interagency coordination, 13-1, 13-2 Intergovernmental review of federal programs, executive order, 1-3 Interim authorization, 2-15 Interim status requirements, RCRA, 2-11– 2-12 Interior lining, 8-7–8-8 Internal Revenue Code, 7-3 International environmental management standards, 14-1, 14-2; see also Environmental Management Systems International Organization for Standardization (ISO), 14-1–14-4; see also ISO 14000 Interstitial monitoring, 8-4–8-6 Inventory control testing, 8-6 Inversion, weather, 11-1 Iodine, 13-4 Iowa source reduction program, 6-6 Iron and steel industry, 6-11 Ironing board pads, 7-6 ISO 14000, 14-1–14-12 environmental management series, 14-4–14-7

INDEX

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Page 12

I-12 examples of compliance, 14-8 international environmental compliance, 14-1 ISO 14001, see ISO 14001 ISO described, 14-1–14-4 thinking globally, 14-8–14-9 voluntary management, 14-4 ISO 14001 benefits, 14-7–14-8 creation of, 14-2 standards, 14-4–14-5 ISO (International Organization for Standardization), 14-1–14-4 ISO 9000 Quality Management Standards, 14-1, 14-2

J Japan global warming treaty, 11-19 Job Training Partnership Act, 11-18 Justice, environmental, see Environmental justice

K Kentucky, 11-10, 13-2 Ketones, 11-4 Kidney damage, 7-4 Knowing endangerment, 15-4 Knowing violations, 15-3–15-4 K wastes, 2-3–2-4 Kyoto, Japan global warming treaty, 11-19

L Labeling bottled water, 12-8 ISO 14000 series, 14-4 Labeling of hazardous substances asbestos waste, 9-4–9-5 containers, 2-7, 5-1 federal standards vs. state regulations, 7-2 generator requirements, 2-5 hazard classification system, 5-2–5-9 information required, 7-9 pesticides, 10-1, 10-3 Labels, color coding, 5-2, 5-11 Lakes, 11-10, 11-15, 12-1–12-2 Lamps, 2-16 Land disposal generator requirements, 2-5 Land disposal restrictions (LDR), 2-6–2-7, 2-12 Landfills

INDEX restrictions, 1-6 standards of design and operations, 2-10 and state regulations, 6-12 Warren County, North Carolina, 13-2 Land treatment demonstration, 2-14 Land treatment facilities, 2-14 Land treatment units, standards, 2-10 Large quantity generators (LQGs), 2-4–2-5, 2-8 Latinos, 13-5 Laws, a system of, 1-1–1-10 common law, 1-6 executive orders, 1-3–1-4; see also individual executive orders federal statutes, 1-3–1-4 how bills become law, 1-1 local laws, 1-6 municipal laws, 1-6 negligence, 1-8 nuisance, 1-6–1-7 regulatory approaches, 1-1–1-3 state water protection laws, 1-5; see also Water quality regulations system of environmental laws, 1-1–1-3 tax laws, 1-6 torts, 1-6 trespass, 1-7–1-8 Lawsuits, see also Civil actions; Liability and enforcement citizen lawsuits, 4-6 McDonald's packaging, 14-8 water quality, 12-9 LDR, see Land disposal restrictions Lead air pollution reductions, 11-3 air quality standard, 11-4, 11-13 health effects, 11-5, 11-8 poisoning of children, 11-8, 13-5 Leak detection requirements, 8-2, 8-4–8-6 Leaking Underground Storage Tanks (LUST) Trust Fund, 8-2, 8-11 Leaks, see Spills Leasing program, 12-5 LEPCs (Local Emergency Planning Committees), 1-4, 4-2, 4-5 Liability asbestos inspectors, 9-4 asbestos removal, 9-6

INDEX

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Page 13

INDEX oil pollution, 12-6 oil spills, 12-8–12-9 Liability and enforcement, 15-1–15-9 criminal violations, 15-3–15-4 theory of compliance, 15-1–15-4 U.S. court system, 15-4–15-7 sentencing by the courts, 15-6–15-7 Liable parties, 3-9–3-10 Life-cycle assessment, ISO 14000 series, 14-4 Lights as nuisance, 1-8 Line tightness test, 8-5 Liquids shipping requirements, 5-10 Listed hazardous waste, 2-3, 2-12, 3-3 Lists EPA toxic pollutants, 12-2 hazardous substances, CERCLA, 6-12, 8-2 National Priorities List, 3-6 toxic air pollutants, 11-14–11-15 Liver damage, 7-4 Local educational agencies (LEAs), 9-6 Local Emergency Planning Committees (LEPCs), 1-4, 4-2, 4-5 Local government lawsuits, 4-6 Local laws and regulations, 1-6, 6-12, 9-7 Location standards, 2-10 London, England, 11-2, 11-17 Long distance transport, air pollution, 11-9–11-10 Long term cleanup process, 3-8 Los Angeles, CA, 11-2, 11-13 Louisiana Department of Environmental Quality, 6-5 environmental justice laws, 13-8 petrochemical corridor, 13-3 Love Canal, 3-2 Lowery, Dr. Joseph, 13-2 Low-income populations affected by pollution, see Environmental justice LQGs (large quantity generators), 2-4–2-5, 2-8 Lung cancer, 7-5–7-6, 7-6–7-8, 9-2, 11-3 Lung disease, 11-7, 11-9

M MacDonald and Watson Waste Oil, United States v., 15-4 Mailing hazardous materials, 5-11–5-12 Maine roundtable member, 6-10 Management commitment, 14-5

I-13 Management programs for water pollution sources, 12-5 Management review of ISO 14000, 14-7 Mandatory source separation, 6-12 Manifests asbestos waste shipment records, 9-5 defined, 2-6 generator requirements, 2-5 PCBs, 7-5 shipment of hazardous waste, 5-11 transport requirements, 2-6 treatment, storage, and disposal requirements, 2-10 Manual tank gauging, 8-5–8-6 Manufacture of transport containers, 5-1 Manufacturers, see also Businesses; Generator requirements of hazardous chemicals, 7-1 of pesticides, 10-2 Manufacturing materials, recycling, 2-17 Maquiladora program in Mexico, 13-4 Marble damaged by air pollution, 11-8, 11-15 Marine Protection, Research, and Sanctuaries Act, 2-14 Market incentive approach, 11-15 Markings, 5-1, 5-2, 5-11 Massachusetts asbestos program, 9-7 Clean Water Act, 1-5 Department of Environmental Protection (DEP), 3-2, 9-5, 9-7 Department of Labor and Industry, 9-7 Environmental Policy Act (MEPA), 1-5 General Electric plant, 3-4, 3-8–3-9 pesticide regulations, 10-4 public access standards, 7-1 regulation integration, 6-7 roundtable member, 6-10 Toxic Use and Reduction Act (TURA), 6-12 Material safety data sheets (MSDS), 1-4, 4-3 Materials dangerous when wet, hazard classification system, 5-4 Maximum achievable control technology (MACT), 11-15 Maximum contaminant levels (MCLs), 12-7 Maximum detection limit (MDL), 12-7 McDonald's restaurant corporation, 14-8 Measurement of source reduction, 6-3 Meat Inspection Act, 7-3

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Page 14

I-14 Memorandum to the Heads of Federal Agencies, 13-5 Mental retardation, 11-8 Mercury, 11-14 Mercury switch collection and recycling project, 6-12 Mesothelioma, 7-5–7-6, 9-2 Metal corrosion, 2-3, 5-7, 11-3, 11-8, 11-15 Metal finishing industry, 6-11, 6-13 Metal Finishing Suppliers Association (MFSA), 6-13 Metals, 2-4, 2-17, 11-4, 11-10; see also Metal corrosion Methane, 3-1 Methyl chloroform, 11-17 Methyl isocyanate (MIC), 4-1, 13-4 Methyl-t-butyl ether (MTBE), 11-14 Meuse River Valley, Belgium, 11-1 Mexico, 11-2, 13-4 Michigan board of eduction, 6-6 MIC (methyl isocyanate), 4-1, 13-4 Microscope oil, 7-3 Migrant farmworkers, 13-5 Miners exposed to radon, 7-7–7-8 Mines, underground, 2-10 Mining, 1-2, 6-7 Minnesota acid deposition, 11-10 Minorities as migrant farmworkers, 13-6 Minority populations affected by pollution, see Environmental justice Mirex, 10-1 Miscellaneous hazardous materials, hazard classification system, 5-8–5-9 Misdemeanor, 15-7 Mississippi, 6-6, 13-2 Missouri Department of Natural Resources, 6-7 Mixing wastes, 2-16–2-17 Mixtures of hazardous wastes, 2-3–2-4 Mock inspection, 6-6 Mold spores, 11-4 Money, see Costs; Funds Monitoring industries, 12-4, 15-1 Monitoring underground storage tanks, 8-4–8-6 Montreal Protocol, 11-16–11-18 Mortality in definition of hazardous waste, 2-3; see also Death Motor vehicle transportation of hazardous materials, 2-6, 5-1, 5-9

INDEX Mount Pinatubo, 11-16 Moving waste, see Transportation of hazardous materials, transport requirements, RCRA MTBE (Methyl-t-butyl ether), 11-14 Multi-State Working Group (MSWG), 14-9 Municipal laws, 1-5 Municipal waste managed by RCRA, 2-1 Municipal waste treatment facilities, see Wastewater treatment

N NAAQS (National Ambient Air Quality Standards), 11-12, 11-13–11-14, 11-18 NAPCA (National Air Pollution Control Agency), 11-12 NA system, 5-11 National Aeronautics and Space Administration (NASA), 11-16 National Air Pollution Control Agency (NAPCA), 11-12 National Ambient Air Quality Standards (NAAQS), 11-12, 11-13–11-14, 11-18 National Association of Metal Finishers (NAMF), 6-13 National Cancer Institute, 3-4 National Contingency Plan (NCP), 3-5–3-6 National Emissions Standards for Hazardous Air Pollutants (NESHAP), 9-2–9-4, 9-6–9-7 National Environmental Policy Act (NEPA), 10-1, 13-6 National Institute of Environmental Health Sciences, 13-1, 13-3 National Law Journal, 13-3 National Oceanic and Atmospheric Administration (NOPA), 11-18 National Oil and Hazardous Substances Pollution Contingency plan, 3-3 National Parks, 11-18 National policy of pollution prevention, 6-3 National Pollutant Discharge Elimination System (NPDES), 1-5, 11-15 permit-by-rule, 2-14 permits, 12-4, 12-5, 12-6 National Primary Drinking Water Regulations (NPDWRs), 12-7

INDEX

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Page 15

INDEX National Priorities List (NPL), 3-6 National Research Council, 7-7 National Response Center (NRC), 2-8, 12-8 National Roundtable of State Pollution Prevention Programs (NRSPPP), 6-10 National Secondary Drinking Water Regulations (NSDWRs), 12-7 Natural gas, 3-3 Natural resources, extracting regulating activities, 1-2 Negligence, 1-8 Negligent action, 15-3 NEPA (National Environmental Policy Act), 10-1, 13-6 NESHAP (National Emissions Standards for Hazardous Air Pollutants), 92–9-4, 9-6–9-7 Netherlands, secretariat of TC-207 subcommittee, 14-2 Neurological impairments, 11-8 Nevada air pollution, 11-3 mining alternatives, 6-7 Yucca Mountain, 13-4 Nevada Test Site (NTS), 13-4 New England shock loading, 11-10 New Hampshire acid deposition, 11-10 roundtable member, 6-10 source reduction program, 6-6 New Jersey asbestos regulations, 9-7 award programs, 6-8 Department of Community Affairs, 9-7 Department of Environmental Protection, 1-5, 6-12, 9-7 Department of Health, 9-7 Department of Labor, 9-7 Pollution Prevention Act, 6-12 Uniform Construction Code, 9-7 Water Pollution Control Act (NJWPCA), 1-5 New York air pollution episodes, 11-2 asbestos regulations, 9-7 Commissioner of Education, 9-7 Department of Environmental Conservation, 1-5

I-15 Department of Labor, 9-7 environmental justice legislation, 13-8 Labor Law, 9-7 Love Canal, 3-2 non-attainment classification, 11-13 roundtable member, 6-10 shock loading, 11-10 State Education Law, 9-7 Strategic Goals Program, 6-13 Niagra Falls, NY, 3-2 Nitrates, 11-3, 11-4 Nitrogen, 12-3 Nitrogen dioxide, 11-4, 11-5 Nitrogen oxides, 11-3, 11-6, 11-11–11-12 Noble gases, 13-4 Noise nuisance, 1-7 Non-attainment areas, 11-13–11-14 Nonconventional pollutants, 12-2 Non-flammable gases, hazard classification system, 5-3 Non-point sources, 3-3, 12-5 Nonspecific source waste, 2-3 North American Emergency Response Guidebook, 5-2, 5-9, 5-12–5-13 North American Free Trade Agreement (NAFTA), 13-4 North Carolina, 13-2, 13-8 Northeast States Pollution Prevention Roundtable, 6-10–6-11 Norway, 11-10, 14-3 No Smoking sign, 2-7 Notification asbestos disposal and removal, 9-5, 9-6 contingency plans for oil spills, 12-8–12-9 drinking water regulations, 12-7 extremely hazardous substances, 4-2 of hazardous waste site to EPA, 3-3–3-4 of hazardous waste spills, 3-5–3-6 PCBs, 7-5 requirements, 1-2 state and local emergency planning, 4-2 underground storage tank leaks, 8-2, 8-9– 8-10 Notification of Hazardous Waste Activity, Form 8700-12, 2-6 NPDES, see National Pollutant Discharge Elimination System NPDWRs (National Primary Drinking Water Regulations), 12-7

INDEX

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Page 16

I-16 NPL (National Priorities List), 3-6 NRC (National Response Center), 2-8, 12-8 NRSPPP (National Roundtable of State Pollution Prevention Programs), 6-10 NSDWRs (National Secondary Drinking Water Regulations), 12-7 Nuclear material, 7-3 Nuclear spills, responsibility of governments, 13-8 Nuclear waste, 13-4 Nuisances, 1-6–1-7 Numbering system for hazardous materials, 5-1 Nutrients, 12-1

O Occupational Safety and Health Administration (OSHA), 7-9, 9-4, 10-1 Ocean Dumping permit, 2-14 Office of Air and Radiation (OAR), 7-8 Office of Environmental Equity, 13-3 Office of Pollution Prevention and Toxics (OPPT), 6-2, 9-2 Offshore Oil Spill Pollution Fund (OISPF), 12-6 Offshore water quality control, 12-5, 12-6 Ohio River Valley, 11-9 Oil, 2-17, 3-3 Oil Pollution Act (OPA), 3-5, 12-6, 12-8 Oil pollution liability, 12-6 Oil spills consequences, 14-8 off coast of England, 3-5 response and remediation requirements, 1-3 water quality control, 12-5 OISPF (Offshore Oil Spill Pollution Fund), 12-6 Ontario acid deposition, 11-10 Operating permits program, 11-15–11-16 Opposition to air pollution controls, 11-16, 11-19 OPPT (Office of Pollution Prevention and Toxics), 6-2, 9-2 Oral toxicity, 5-7, 7-4 Orange section in DOT Guidebook, 5-12 Organic peroxides, hazard classification system, 5-7 Organic wastes, 12-1

INDEX Organization for Economic Cooperation and Development (OECD), 14-2 Organizations in NRSPPP, 6-10 Organochlorine pesticide, 10-2 Other regulated materials (ORMs), 5-11 Outer Continental Shelf Lands Act (OSCLA), 12-5, 12-6 Outreach and education for pollution prevention, 6-6–6-7 Overfill alarms, 8-7 Overfill protection, 8-2, 8-4–8-7 Overpack requirements, 5-11 Owner and operator responsibilities demolition of asbestos, 9-3 oil storage facilities, 12-8 underground storage tanks, 8-2 Oxdizers, hazard classification system, 5-5–5-6 Oxidation of hydrocarbons, 11-6 Oxygenated fuels, 11-14 Oxygen containing materials, hazard classification system, 5-5–5-7, 5-9 Ozone defined, 11-16 depletion, 11-2, 11-12, 11-16–11-18 responsibility of governments, 13-8 ground level, 11-3 health effects, 11-5, 11-6–11-7 hole over Antarctica, 11-16 non-attainment areas, 11-13 standard, 11-4, 11-6–11-7, 11-18–11-19

P Packaging redesign by McDonald's, 14-8 requirements for transportation, 5-9–5-10 standards to minimize waste, 1-2 system, United Nations, 5-10–5-11 Paint stripping, 2-17 Paper mills, 3-1, 14-9Particulate matter (PM), 11-3–11-6, 11-13, 11-19 Patching compounds, 7-6, 9-3 PCBs (polychlorinated biphenyl), 3-1, 3-3, 3-4, 9-2 cleanup of Housatonic River, 3-8 described, health effects, 7-3–7-4 disposal protested in NC, 13-2 Penalties for cleanup, 3-10

INDEX

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Page 17

INDEX ISO 14001 certified organizations, 14-8 pesticide regulations, 10-3–10-4 Pennsylvania, 11-1, 11-9, 11-10 Performance evaluation, ISO 14000 series, 14-4, 14-5 Permit-by-rule, 2-14 Permit program, air pollution control, 11-15–11-16 Permit requirements, RCRA, 2-13–2-15 Permits discharge into waterways, 12-3, 12-4, 12-5 dredge and fill, 12-7 interim status, 2-11 ISO 14001 certified organizations, 14-8 lawsuit defense, 15-3 post-closure, 2-13 for stormwater, 12-6 Peroxides, 5-7 Pesticide regulations, 10-1–10-6 disposal, 10-3–10-4 history, 10-1–10-2 penalties, 10-3–10-4 registration of pesticides, 10-2 storage and labeling, 10-2–10-3 suspension and cancellation, 10-2–10-3 Pesticides, 3-1; see also Pesticide regulations agricultural, 2-16 death, see Bhopal, India chemical accident defined, 10-2 in drinking water, 12-7–12-8 exposure of racial minorities, 13-5 Petrochemical corridor in Louisiana, 13-3 Petroleum, 3-1, 3-3 discharge limitations, 12-6 institute, 14-9 refining industry, 6-11 storage tanks, 8-2 Petroleum coke, 2-4 pH pollutant factor, 12-2, 12-6 scale, 11-9 Phasing out CFCs, 11-16–11-18 Phenols, 11-4 Phenylacetic acids, 11-4 Philippines volcano, 11-16 Phosphorus, 12-3 Photochemical oxidants and smog, 11-6–11-7 Pittsfield, MA, 3-4, 3-8–3-9

I-17 Placards, 5-1, 5-2, 5-11 Planning with EMS, 14-6 Plastics, 3-1 Pleural plaques, 9-2 Plutonium, 13-4 Point sources, 3-3, 12-4, 12-5 Poisonous gases, hazard classification system, 5-3 Poisons, see also Acid deposition; Air quality regulations, criteria pollutants, sulfur or oxides; Carbon monoxide; Hazardous substances; Lead; Ozone; Pesticides; Toxic chemicals hazard classification system, 5-3, 5-6–5-7, 5-9 Poland acid deposition, 11-10 Police, 4-2, 5-12 Pollen, 11-3, 11-4 Pollution prevention, 6-1–6-15 common sense initiative, 6-11 compliance obligation, 1-2 executive orders, 6-11 history, 6-2 industry involvement, 6-12–6-13 information tracking system, 6-10 Pollution Prevention Act, see Pollution Prevention Act roundtables of state programs, 6-10–6-11 state and local regulations, 1-6, 6-12 state plans, 1-2 Pollution Prevention Act, 6-2–6-9 EPA strategy, 6-4 federal compliance executive order, 1-4 grant programs, 6-4–6-8 awards and recognition, 6-3, 6-8 demonstration projects, 6-7 outreach and eduction, 6-6–6-7 regulation integration, 6-7 technical assistance, 6-5 technical training, 6-5–6-6 tracking systems, 6-10 national policy, 6-3 source reduction clearinghouse, 6-4, 6-8 source reduction data collection, 6-4, 6-8–6-9 toxic chemical release reports, 4-4–4-5 Pollution Prevention Incentives for States (PPIS), 6-4–6-7, 6-10

INDEX

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Page 18

I-18 Pollution Prevention Information Tracking System (PPITS), 6-10 Polychlorinated biphenyl, see PCBs Polymers, 3-1 Postal codes used in landfill location study, 13-2–13-3 Post-closure, 2-11, 2-13 Potassium, 11-4 Potentially Responsible Parties (PRPs), 3-7, 3-9 Poultry Products Inspection Act, 7-3 PPIS (Pollution Prevention Incentives for States), 6-4–6-7, 6-10 PPITS (Pollution Prevention Information Tracking System), 6-10 Practical quantification level (PQL), 12-7 Precious metals mining, 6-7 Preliminary assessments, 3-6 Preparedness, 2-10, 3-5–3-6 Presidential executive orders, see Executive orders Presidents and environmental actions Bill Clinton environmental justice executive order, 13-1, 13-5 EPA budget, 3-11 federal agencies executive orders, 1-4, 6-11 federal pesticide regulation, 10-2 George Bush, 11-13 Richard Nixon, 10-1, 10-2 Ronald Reagan, 10-2, 15-6 Pretreatment standards, 12-4, 12-5, 12-6 Preventing pollution, see Pollution prevention Prevention as emphasis of EMS, 14-5, 14-7, 14-9 Prevention of Significant Deterioration (PSD), air pollution, 11-12 Primary treatment of municipal waste, 12-3 Principles of ISO 14000 standard, 14-6 Printing industry, 6-11 Process knowledge, 2-3 Production of CFCs, 11-16–11-18 Products commercial chemical, 2-3–2-4 household, 7-8–7-9 standards, 1-2, 14-4 Prohibitions, see Bans

INDEX Propane cars, 11-14 Protection of environment via pressure on organizations, 14-5 Protection rollbacks, 13-7–13-8 Protective actions, regulating hazardous wastes, 1-2 Protective clothing, 5-13 PRPs (Potentially Responsible Parties), 3-7, 3-9 PSD (Prevention of Significant Deterioration), air pollution, 11-12 Public access environmental justice, 13-7 EPA biennial report, 6-9 EPA responsibility, 6-3 to hazardous chemical information, 4-3, 4-5 Massachusetts, 7-1 Public comment, 2-14 Public health and safety, 3-5, 5-1, 7-1; see also Environmental justice air pollution, 11-1–11-3, 11-6 evacuation information, 5-13 federal agency executive order, 6-11 ozone standard, 11-18 Toxic Substances Control Act, 7-2–7-3 underground storage tanks, 8-1 water quality, 12-4 Public Health Service, 11-12 Public housing, 13-6 Public interest groups, 6-3 Publicly owned treatment works (POTWs), 12-4 Public participation, 2-15, 13-7 Pulmonary fibrosis, 9-2 Purdue University, 7-9 P wastes, 2-3–2-4 Pyrethroid pesticide, 10-2 Pyrophoric materials, 5-4

Q Quebec acid deposition, 11-10

R Racial minorities, see Environmental justice Radioactive gas, 7-6 Radioactive materials, 5-7, 5-9, 7-9 Radionuclides, 11-14 Radon, 3-3, 7-6–7-8, 9-2

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Page 19

INDEX Radon abatement programs, 7-7 Radon progeny, 7-6 Rail transportation of hazardous materials, 2-6, 5-1, 5-9 Ranking hazardous sites, 3-6 Rashes, 7-4 RCRA, see Resource Conservation and Recovery Act RCRA Integrated Training and Technical Assistance (RITTA), 6-10 Reactivity, 2-3, 2-10, 3-3 Reasonable man rule, 1-8 Recordkeeping, 2-10, 8-8–8-10, 9-4 Record of Decision (ROD), 3-9 Recruitment failure, 11-10 Recycling CFC costs, 11-18 community programs, 6-7 data collection, 6-4, 6-8–6-9 executive orders, 1-3–1-4, 6-11 incentives, 1-6 laws and compliance obligation, 1-2 reported on Form R, 4-4 Red Spruce forests, acid deposition, 11-10 Reformulated gasoline, 11-14 Refrigerants, 11-16 Refuse Act, 12-3 Registrar, validation of ISO 14000, 14-5 Registration of hazardous materials, 5-1 ISO 14000, 14-5 of pesticides, 10-2 Regulating activities, 1-2 Regulation integration, 6-7 Regulations, see also Code of Federal Regulations; Emergency Planning and Community Right-to-Know Act; ISO 14000; Laws, a system of; Resource Conservation and Recovery Act; individual executive orders air pollution control, 11-12–11-15, 11-18–11-19 asbestos, see Asbestos regulations catalyst for, 3-2 hazard classification system, 5-9–5-12 labeling, 7-9 lax enforcement along Mexican border, 13-4

I-19 PCBs, 7-4 pesticides, see Pesticide regulations pollution prevention, 6-7, 6-12–6-13 state vs. federal, 7-1–7-2 tanks, see Underground storage tanks water quality control, 12-3–12-9 Regulatory approaches, 1-1–1-3 Regulatory barriers, EPA report, 6-9 Regulatory options, 15-6 Regulatory reform, 13-7–13-8 Release notification, underground storage tanks, 8-9–8-10 Release of hazardous waste, 3-4–3-5; see also Spills Remedial action, 3-8 Remedial design (RD), 3-9 Remedial investigation/feasible study (RI/FS), 3-6, 3-8 Remediation, 1-3, 3-5 Removal of asbestos, 9-3–9-4 of hazardous waste, 3-5 Removal action, 3-8, 13-7 Reorganization Order No. 3, 10-1 Reportable quantity (RQ), 4-2 Reporting accidents, hazardous waste spills, 3-5–3-6 obligations, 4-2 treatment, storage, and disposal requirements, 2-10 Reports emergency and hazardous chemical inventory, 4-3 EPA biennial, 2-7, 6-9 exception report, 2-7 radon, 7-7–7-8 toxic chemical release, Form R, 4-4 toxic chemical source reduction and recycling, 6-8 Reproductive problems in humans, 7-4 Research, development, and demonstration permits, 2-13 Research and development, pollution prevention, 6-9 Resource Conservation and Recovery Act (RCRA), 2-1–2-20 felony sanction, 15-4 generator requirements, 2-4–2-6

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Page 20

I-20 interim status requirements, 2-11–2-12 land disposal restrictions, 2-12 permits, 2-11, 2-13–2-15 Section 7003, 2-13 special waste requirements, 2-11 state authorization requirements, 2-15 subtitle C part 261, 2-2–2-4, 3-3 part 262, 2-4–2-6 part 263, 2-6–2-8 part 264, 2-8–2-11 part 265, 2-11–2-12 part 266, 2-11 part 268, 2-12 part 270, 2-13–2-15 part 271, 2-15 part 273, 2-15–2-16 Subtitle I, 8-1–8-2, 8-10 transport requirements, 2-6–2-8 treatment, storage, and disposal requirements, 2-8–2-11 undergound injection, 12-8 universal waste requirements, 2-15–2-16 used by EPA, 3-3 waste identification, 2-2–2-4, 3-3 waste minimization, 2-16–2-17 Respiratory disease, 11-1–11-3, 11-6, 11-7, 11-12 Response authorities, 3-5–3-6 cleanup activities, environmental justice, 13-7 contingency plans for oil spills, 12-8–12-9 requirements, 1-3 Responsibility, see Liability and enforcement Responsibility of governments, 13-8 Responsible parties, 3-7, 3-9 Retraining initiatives, 6-6 Return to Generator copy of manifest, 2-7 Rhode Island technical training, 6-6 RI/FS (remedial investigation/feasible study), 3-6, 3-8 Right to know, see Emergency Planning and Community Right-to-Know Act (EPCRA); Public access Right-To-Know Laws, executive order, 1-4 Right to pollute, 11-15 Rio de Janeiro, Brazil conference, 14-1

INDEX Risk-based decision making, 8-10 RITTA (RCRA Integrated Training and Technical Assistance), 6-10 ROD (Record of Decision), 3-9 Rollback environmental protections, 13-7–13-8 Roofing, 7-6 Roundtables of state pollution prevention programs, 6-10 Russia, CFC imports, 11-18

S Sacrificial anode systems, 8-7 Safe Drinking Water Act (SDWA), 2-14, 9-2, 12-7–12-9 Safe storage, waste minimization, 2-17 SAGE (Strategic Advisory Group on the Environment), 14-2 Salt beds and domes, 2-10 Salvage drums, 5-10 Sample evaluations, 12-7–12-8 Sampling at hazardous site, 3-8 Sanitary wastewater, 12-6 SARA, see Superfund Amendments and Reauthorization Act Satellite generation, 2-8 Schools asbestos removal, 9-5–9-6, 9-7 radon contamination study, 7-7 source reduction programs, 6-6 Scientific Advisory Committee, 10-2 Scrap metal, 2-4 SDWA (Safe Drinking Water Act), 2-14, 9-2, 12-7–12-9 Sea cargo transportation of hazardous materials, 2-6, 5-1 Sea spray, 11-3 Secondary containment, 2-7, 8-4–8-6 Secondary treatment of municipal waste, 12-3 Secretariats of ISO TC-207 and subcommittees, 14-2–14-3 Security requirements, 2-9 Sediments, 12-1 Self-declaration, ISO 14000, 14-5 Senate and House, 1-1 Sentencing by the courts, 15-6–15-7 Septic systems, 8-4, 12-8 SERC (State Emergency Response Commission), 4-2 Settlements with EPA, 3-10–3-11

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Page 21

INDEX Sewers, 12-6 SGP (Strategic Goals Program), 6-13 Shipping hazardous waste, 5-9–5-10; see also Transportation of hazardous materials Shipping papers for hazardous materials, 5-11 Shock loading, 11-10 Short term cleanup process, 3-8 Shoshone Indians, 13-4 Signs, see Placards Silicon, 11-4 Site inspections, 3-6 Skin damage, 7-4 Smog, 11-2, 11-3, 11-7, 11-18 Smoke, 1-7, 11-3 Smokeless powder for small arms, 5-4 Sodium metal, 5-4 Soil runoff, 12-1, 12-5 Soil sampling, 3-8 Soil vapor extraction, 3-11 Solids, shipping requirements, 5-9–5-10 Solvents, 2-17, 12-4, 13-4 Soot, 11-3 Source identification, 3-3–3-4 Source of water pollution, 12-1–12-2 Source reduction, see also Pollution prevention clearinghouse, 6-4, 6-8 data collection, 6-4, 6-8–6-9 defined, 6-1 technology transfer, 6-8 Source Reduction and Recycling Technical Assistance (SRRTA), 6-4, 6-10 South Carolina, 6-6, 13-2, 13-8 Soviet Union, CFC imports, 11-18 Spackling compounds, 7-6, 9-3 SPDES (State Pollution Discharge Elimination System), 1-5 Special waste requirements, RCRA, 2-11 Specific source wastes, 2-3–2-4 Spill containment, 3-5–3-6 Spill protection, 8-2, 8-4–8-5, 8-6 Spills, 1-2 chemical information, 5-12–5-13 disposal requirements, 2-8–2-9 DOT Guidebook, 5-12–5-13 emergency response information, 5-12 notification of NRC, 2-8 PCBs, 7-4

I-21 release defined, 3-4–3-5 reported on Form R, 4-4 in storage areas, 2-7 waste minimization, 2-17 Spontaneously combustible materials, hazard classification system, 5-4 SRRTA (Source Reduction and Recycling Technical Assistance), 6-4, 9-10 Standard of care, 1-8 Standards, see also Regulations air emissions, 2-11 air quality, 11-12–11-15, 11-18–11-19 ANSI, 14-1, 14-3 asbestos, 9-6–9-7 carbon monoxide, 11-4 controls on products, 1-2 ISO 14000, 14-1, 14-2, 14-4–14-5 ozone, 11-18–11-19 packaging, 1-2 public access, 7-1 treatment, storage, and disposal, 2-10 universal treatment standards, 2-12 water quality control, 12-3–12-9 State authorization requirements, RCRA, 2-15 State Emergency Response Commission (SERC), 4-2 State government lawsuits, 4-6 State Implementation Plans (SIPs), 11-12 State Pollution Discharge Elimination System (SPDES), 1-5 State programs, supplementary, 6-9 State regulations, 6-12 labeling toxic substances, 7-1–7-2 States air pollution control, permit program, 11-15–11-16 air pollution control, role, 11-12 courts of law, 15-5 environmental justice laws, 13-8 management of underground storage tanks, 8-11 pollution prevention programs, 6-4–6-7, 6-10 radon abatement programs, 7-7 regulation of asbestos, 9-7 safe drinking water enforcement, 12-7–12-9 water quality control, 12-3, 12-4 State water protection laws, 1-5 Statistical inventory reconciliation, 8-5–8-6

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Page 22

I-22 Steel corrosion, 2-3, 5-7, 11-15 industry, 6-11 institute, 14-9 Stock markets, 13-8 Storage, treatment, and disposal requirements, RCRA, 2-8–2-11 Storage of hazardous waste prohibition, 2-12 transport requirements, 2-7 waste minimization, 2-17 Storage of pesticides, 10-3 Stormwater, 12-5–12-7 Stormwater Pollution Prevention Plan, 12-6 Strategic Advisory Group on the Environment (SAGE), 14-2 Strategic Goals Program (SGP), 6-13 Strategic planning, environmental, 14-5 Stratospheric ozone defined, 11-6–11-7 depletion of, 11-2, 11-12, 11-16–11-18 Streamlining, 8-11 Streams, 11-10, 11-15, 12-1–12-2 Strict, joint, and several liability, 3-2, 3-9 Strontium, 13-4 Student intern programs, source reduction for schools, 6-6 Studies on environmental justice, 13-2–13-3 Styrofoam containers, 11-16 Substitutes for CFCs, 11-18 Subtitle C, RCRA, see Resource Conservation and Recovery Act, subtitle C Sulfates, 11-3, 11-4 Sulfur, see Air quality regulations, criteria pollutants, sulfur or oxides Sulfur dioxide, 11-4, 11-5 Sunlight, 11-3, 11-7, 11-18 Superfund, 2-8, 2-13; see also CERCLA achievements, 3-11 addressing community concerns at sites, 13-7 cleanup of hazardous sites, 3-6–3-10 EPA authority, 3-2 Superfund Amendments and Reauthorization Act (SARA), 3-5–3-6; see also Emergency Planning and Community Right-to-Know Act

INDEX amended CERCLA, 4-1 Supplementary state programs, 6-9 Surface impoundment, standards, 2-10 Suspended solids, 12-2 Suspension of pesticides, 10-2–10-3 Swamps, 12-7 Sweden acid deposition, 11-9 Switzerland, 14-1 Symposium on Health Research and Needs to Ensure Environmental Justice, 13-1 Symposium on Race, Poverty, and the Environment, 13-3 Synthetic organic chemicals, 7-3 System of laws, see Laws, a system of

T Tank management, generator requirements, 2-5 Tanks, 2-7, 2-10; see also Underground storage tanks Tank tightness testing, 8-6 Taxes, 3-2, 12-6 Tax laws, 1-5 Technical assistance air pollution control, 11-12 grants, 6-10 programs, 6-5 radon abatement programs, 7-7 Technical Committee 207 (TC-207), 14-2–14-4 Technical training for pollution prevention, 6-5–6-6 Technology best available control technology (BACT), 11-13 best available technology (BAT), 12-2, 12-3, 12-4, 12-7 best conventional technology (BCT), 12-2 best demonstrative available technology (BDAT), 2-12 best practicable technology (BPT), 12-2, 12-3, 12-4 maximum achievable control technology (MACT), 11-15 Technology-based effluent standards, 12-4 Technology transfer, source reduction, 6-8 Tennessee Valley Authority, 6-7 Tennessee Waste Reduction Assistance Program (WRAP), 6-5–6-6 Terms and definitions, ISO 14000 series, 14-4

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INDEX Terpenes, 11-4 Testing as enforcement tactic, 15-1 2,4,5-T herbicide, 10-1 Thermostats, 2-16 Thinking globally, 13-8, 14-8–14-9 Threshold planning quantity (TPQ), 4-2–4-3 Thyroid gland injuries, 7-4 Tier I and II chemical inventory information, 4-3 Time limitations, 2-8, 3-8 Toasters, 7-6 Tobacco, 7-3 Toronto, Canada, TC-207, 14-2 Torrey Canyon, 3-5 Tort negligence, 9-4 Torts, 1-6 Toxic chemicals, see also Hazardous substances; Identification of toxic substances; Poisons lawsuits, 1-6 lists of air pollutants, 11-14–11-15 release inventory, 4-4–4-6 release reports, 6-4, 6-8 source of water pollution, 12-2 source reduction and recycling report, 6-8 Toxic gases, hazard classification system, 5-3 Toxicity, characteristic waste criteria, 2-3, 3-3 Toxic materials, hazard classification system, 5-7 Toxic pollutants listed by EPA, 12-2 Toxic Release Inventory (TRI) database, 4-4 Toxics Control System, 12-5 Toxic Substances Control Act Inventory, 7-1–7-2 Toxic Substances Control Act (TSCA) asbestos regulation, 9-2–9-3 described, 7-2–7-3 disposal of pesticides, 10-3 history, 6-2 Title II, asbestos in schools, 9-5–9-6 Title III, 7-7 used by EPA, 3-3 Toxic torts era, 1-6 Toxic Use and Reduction Act (TURA), MA, 6-12 Toxic waste sites, landfill location study, 13-2–13-3 Tracking systems for state grants, 6-10 Trade and trade barriers, 13-4, 14-2

I-23 Trade secrets, 4-5, 4-6 Training of personnel EPA responsibility, 6-3 generator requirements, 2-5 handlers of hazardous materials, 5-1 for ISO 14000 certification, 14-6 state pollution prevention programs, 6-11 technical training under PPIS grants, 6-5–6-6 treatment, storage, and disposal facility requirements, 2-9 Transformers, 7-5 Transport, long distance, air pollution, 11-9–11-10 Transportation of hazardous materials, 1-3, 5-1–5-15 asbestos waste, 9-4–9-5 corrosive materials, 5-7–5-8 Department of Transportation, 5-1–5-2 DOT Guidebook, 5-12–5-13 emergency response information, 5-12 explosives, 5-2–5-3 flammable liquids, 5-3–5-5 flammable solids, 5-4–5-5 gases, 5-2–5-4 hazard classification system, 5-2–5-9 mailing, 5-11–5-12 miscellaneous class of materials, 5-8–5-9 oxygen containing materials, 5-5–5-7, 5-9 packaging, 5-10–5-11 poisons, 5-6–5-7, 5-9 radioactive materials, 5-7, 5-9 shipping exceptions, 5-9–5-10 shipping papers, 5-11 transport requirements, RCRA, 2-6–2-8 transport routes, 5-1–5-2 Treatability tests, 3-6 Treatment, storage, and disposal facilities (TSDFs), 2-6, 2-7, 2-8 Treatment, storage, and disposal permits, 2-13 Treatment, storage, and disposal requirements, RCRA, 2-8–2-11 Treatment of municipal waste, 12-2–12-3 Tree harvesting, regulating activities, 1-2 Trenches, 3-8 Trespass law, 1-7–1-8 Trial burn, 2-14 TRI (Toxic Release Inventory) database, 4-4

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I-24 Tropospheric ozone and photochemical oxidants, 11-6–11-7 Trust fund, Superfund, 3-2 Trust track, 14-7 TSCA, see Toxic Substances Control Act TSDFs (treatment, storage, and disposal facilities), 2-6, 2-7, 2-8 TURA (Toxic Use and Reduction Act, MA), 6-12

U Ultraviolet radiation, 11-2, 11-16 Underground Injection Control Program, 214, 12-7, 12-8 Underground mines, 2-10 Underground storage tanks (UST), 8-1–8-13 cleanup program, 8-10 federal regulations, 8-2–8-10 closure, 8-8 corrosion protection, 8-7–8-8 definition of UST, 8-3 overfill protection, 8-6–8-7 record keeping, 8-8–8-10 reporting releases, 8-10 spill protection, 8-6 upgrading USTs, 8-4 financial responsibility, 8-11 RCRA Subtitle I, 8-1–8-2 states and local roles, 8-11 Unemployment benefits, 11-18 Unicellular phytoplankton, 11-10 Uniform Hazardous Waste Manifest, Form 8700-22, 2-6 Union Carbide India Limited, 4-1, 13-4–13-5 United Kingdom, secretariat of TC-207 subcommittee, 14-2 United National Conference on the Environment and Development (UNCED), 14-1 United Nations packaging system, 5-2, 510–5-12 United States v. MacDonald and Watson Waste Oil, 15-4 Universal treatment standards (UTS), 2-12 Universal waste requirements, RCRA, 215–2-16 Universal Waste Rule, 2-16 University of Massachusetts report, 13-3 University of Michigan symposium, 13-3

INDEX UN number, hazardous classification system, 5-2, 5-10–5-12 Upgrading underground storage tanks, 8-4–8-6 Upper Midwest, 11-9 Uranium, 7-6 Urban air pollution, 11-13 Urban runoff, 12-5 U.S. Army Corps of Engineers, 12-3, 12-7 U.S. Civil Rights Commission, 13-3 U.S. Code Title 7, Section 136, Federal Insecticide, Fungicide and Rodenticide Act, 7-3, 10-4 Title 15, Section 2601, Toxic Substances Control Act, see Toxic Substances Control Act Title 16, Sections 1451-1464, Coastal Zone Management Act (CZMA), 12-5 Title 21, food inspections, 7-3 Title 26, Section 4181, Internal Revenue Code, 7-3 Title 42, Section 2201, Atomic Energy Act, 7-3 Title 43, Section 1331, Outer Continental Shelf Lands Act (OSCLA), 12-5, 12-6 Title 44, Section 18, 15-7 U.S. court system, 15-4–15-7 U.S. Department of Agriculture (USDA), 10-1, 10-2 U.S. Department of Energy, 13-4, 13-6 U.S. Department of Health, Education, and Welfare, 11-12 U.S. Department of Justice, 15-2, 15-5 U.S. Department of Transportation (DOT) authority on safe transport of hazardous materials, 5-1–5-2 hazard classification system, 5-2–5-9 North American Emergency Response Guidebook, 5-2, 5-9, 5-12–5-13 packaging requirements, 5-10–5-11 transport requirements, 2-6 U.S. General Accounting Office, 13-2 U.S. Government Printing Office, 7-2 U.S., secretariat of TC-207 subcommittee, 14-3 U.S. Supreme Court, 15-5–15-6 USC, see U.S. Code UST, see Underground storage tanks

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INDEX UTS (universal treatment standards), 2-12 U wastes, 2-3–2-4

V Vapor monitors, 8-5–8-6 Variable disposal rates, 6-12 Vehicles, see Cars Vermont acid deposition, 11-10 roundtable member, 6-10 source reduction program, 6-6 Vibrations as nuisance, 1-8 Video on source reduction for schools, 6-6 Vinyl chloride, 11-14 Violators, 15-2, 15-5 Virginia acid deposition, 11-10 Volatile organic compounds (VOCs), 3-1, 11-4 Voluntary international standards, 14-2 Voluntary management, 14-4, 14-9

W Warren County, NC, 13-2 Washington Department of Ecology, 6-7 Waste, hazardous, 3-2–3-4 Waste, human and animal, 12-1 Waste-derived fuels, 2-4 Waste identification, RCRA, 2-2–2-4 Waste management, see Pollution prevention Waste minimization, 2-16–2-17 Waste prevention, executive order, 1-4 Waste shipment records (WSR) for asbestos, 9-5 Waste spills, see Spills Wastewater treatment facilities, 12-1, 12-2–12-3 permit exceptions, 2-13 TSD exceptions, 2-9 Water conservation, executive order, 1-4 Water coolers, 12-8 Water pollutants as nuisance, 1-7 Water pollution, see Water quality regulations Water Pollution Control Act, 12-3 Water protection laws, 1-5 Water Quality Act, 12-3 Water quality regulations, 12-1–12-11; see also Clean Water Act categorization of pollutants, 12-2–12-3 Clean Water Act Amendments, 12-4–12-5 coastal zone management, 12-5

I-25 history, 12-3–12-9 industrial wastewater and stormwater, 12-5–12-7 dredge and fill, 12-7 oil pollution liability, 12-6 Safe Drinking Water Act, 2-14, 9-2, 12-7–12-9 contingency plans, 12-8–12-9 enforcement, 12-9 underground injection, 12-8 sources of pollution, 12-1–12-2 Water table, 12-8 Water transportation of hazardous materials, 2-6, 5-1 Waterways, 12-1 Weather inversion, 11-1 Western Shoshone Nation, 13-4 West Virginia, 11-9, 11-10 Wetlands, 1-3, 12-7 Wet materials, dangerous, hazard classification system, 5-4 White asbestos, 9-1 Wisconsin acid deposition, 11-10 Worker Protection Rule, 9-4 World Meteorological Organization, 11-16 WRAP (Waste Reduction Assistance Program, TN), 6-5–6-6 WSR (waste shipment records) for asbestos, 9-5

Y Yellow section in DOT Guidebook, 5-12 Yucca Mountain nuclear waste repository, 13-4

Z Zip codes used in landfill location study, 13-2–13-3 Zoning ordinances, 1-6