Advanced Environmental Crimes Training Program M2
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The document outlines several key environmental laws and regulations, including the Toxic Substances Control Act (TSCA), Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Safe Drinking Water Act (SDWA), and Clean Air Act (CAA). It details the mechanisms for evaluating risks of chemicals, establishing standards, enforcement proceedings, and penalties for non-compliance. Recent issues highlighted include criminal liabilities associated with hazardous substances and ongoing pollution challenges in communities like Hinkley, California.
Advanced Environmental Crimes Training Program M2
- 1. MODULE TWO Toxic Substances Control Act Federal Insecticide, Fungicide, Rodenticide and Insecticide Act Comprehensive Environmental Response, Compensation and Liabilities Act Safe Drinking Water Act Ocean Dumping Act Clean Air Act Environmental Law Potpourri 1
- 2. TSCA (15USC §2615) characterize risk a chemical poses to humans and the environment before its introduced into commerce: companies that want to manufacture a new chemical must submit pre-manufacture review (PMN) Seeks to regulate any chemical that present an unreasonable risk 2
- 3. TSCA Based on broad unreasonable risk evaluation EPA has authority to regulate: Manufacture, Use, Distribution and Disposal unreasonable risk evaluated via manufacturer data on health and environmental effects 3
- 4. Title I: Control of Toxic Substances (40 CFR Parts 700-766) Title II: Asbestos Hazard Emergency Response* (40 CFR Part 763) Title III: Indoor Air Radon Abatement (40 CFR Part 195) Title IV: Lead Based Paint Exposure (40 CFR Part 745) TSCA The Statute 4
- 5. TSCA §4: Authority to require testing TSCA §5: Pre-manufacture review TSCA §6: Authority to limit or prohibit TSCA §8: Record keeping and reporting TSCA §12: Export notice TSCA §13: Import certification TSCA Core Enforcement Programs 5
- 6. The citizens of Hinkley, California, made famous by a Julia Roberts movie, are still plagued with toxic pollution. Uploaded by CNN on Nov 23, 2010 Asbestos (Partially overturned)* Chloroflourocarbons (CFCs) Dioxins (2,3,4,5 TCDD) Hexavalent chromium (chrome-6) Certain metal working fluids Polychlorinated biphenols (PCBs) TSCA §6: Authority to limit or prohibit 6
- 7. TSCA §6(e): PCBs pose unreasonable risk 40CFR§761: PCB Mega-Rule Enhanced policy for contaminated environmental media >50ppm 7
- 8. TSCA Criminal Violations 15USC §2615(b) and 15USC §2614(1) Any person who knowingly and willfully failed or refused to comply with a PCB regulation, and the PCB substance contained 50ppm or greater PCBsone year in jail and/or up to $27,500/day/violation 8
- 9. TSCA Corporate Criminal Liabilities Lack of corporate knowledge not a defense to liability: anyone handling substance presumed to be aware it’s regulated 9
- 10. TSCA in the News Chromium Industry potentially facing $70M in TSCA Fines Dupont Pays $3.3M in TSCA Fines 10
- 11. Pesticide History Rachel Carson credited as Mother of the Modern Environmental Movement 11
- 12. FIFRA walks a fine line between the benefits of pesticides and the documented hazards... 12
- 13. Complex Promulgation with FDA (registration) USDA (application) OSHA (worker safety) Federal Environmental Pesticide Control Act of 1972 (Amended in 1975, ‘78, ‘80, ‘88, ‘90, ‘96 and 2003) FIFRA (7USC §136) 13
- 14. Enforcement Motto: “The Law is the Label and the Label is the Law” 14
- 15. Any substance intended for preventing, destroying, repelling or mitigating any insect, rodent, nematode, fungi or weeds or any other forms of life declared to be pests Definition depends upon a use that is intended or claimed WhatisaPesticide? 15
- 16. Any form of plant or animal life or virus, bacteria or other microorganism, except those on or in living man or animals What is a Pest? 16
- 17. FIFRA Framework FIFRA §3: A pesticide product must be registered by EPA prior to sale or distribution FIFRA §18: EPA may grant registration exemption for emergencies (public health & crisis) 17
- 18. FIFRA and The Label What other Environmental Laws may cover spilled pesticides etc.? Who, What, When, Where and How of Use* *Spills, dumping, abandonment, etc. not regulated by FIFRA 18
- 19. Manufacturer: permit to sell Federal or state gov’t: means to control the sale, use, distribution, storage, and sale Buyer or user: source of information on how to use the pesticide correctly and legally Criminal investigator: provides useful real-time legal/enforcement information in the event of a pesticide release or misapplication (not the primary purpose of the label) FIFRAandTheLabel 19
- 20. It is a violation of federal law to use this product in a manner inconsistent with its labeling. 20
- 21. Registrant, applicant or producer fined <$50K or imprisoned for not more than 1 year or both FIFRA Criminal Penalties Commercial applicator, distributor or seller fined <$25K or imprisoned for not more than 1 year or both Private applicator or other person fined <$1K or imprisoned for not more than 30 days or both 21
- 22. Spot the FIFRA Violation 22
- 23. State agriculture: enforce label/law, certify applicators, registers most pesticides, operates labs and coordinates collection events EnforcementTips Spills or abandonment of FIFRA chemicals are not FIFRA cases Find a friendly state agriculture SME to interpret violations of label/law 23
- 25. CERCLA/SUPERFUND Requires reporting of hazardous substances released into environment over RQ 25
- 26. CERCLA/SUPERFUND Enforced via civil litigation Review Strict, Joint & Several, and Retroactive Liability SUPERFUND incidents can lead to RCRA enforcement actions 26
- 27. Regulates public sources of drinking water, regardless of source* *Exemption for private wells 27
- 28. PublicWaterSystem System for the provision of water to the public for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves at least 25 individuals 28
- 29. SDWA Amended in 2002: Public Health Security and Bioterrorism Preparedness and Response Act If...>3,300 customers served then...vulnerability assessment and ER Plan required Applies to 168,000 P/POTWs 29
- 30. 90 MCLs SDWAENFORCEMENT National Primary Drinking Water Regulation is a legally enforceable standard that applies to public water systems. Primary standards protect drinking water quality and take the form of Maximum Contaminant Levels or Treatment Techniques 30
- 31. SDWACriminalInvestigations States have primacy EPA retains jurisdiction Fraud, false statements, tampering Tampering with drinking water system 25 year felony SDWA willful violations 3 year felony 31
- 32. Prohibits dumping at sea without EPA permit within specific locations EPA sets materiel dumping standards USCG inspects/affirms permit claims Violation: 5 year felony Ocean Dumping Act (Marine Protection, Research and Sanctuaries Act) 32
- 33. Clean Air Act (42USC §7401) Regulates air pollutant emissions Very confusing, highly technical Amended 1970, 1977, 1990 command and control transitioned to market-based mechanisms 33
- 34. National Ambient Air Quality Standards (NAAQS) State Implementation Plans (SIPs) New Source & Pre- construction review (NSR) Hazardous Air Pollutants and Air Toxics Title V Permits Clean Air Act Programs 34
- 35. NAAQS: Seeks to control pervasive pollution that endangers public health & welfare Lead 35
- 36. NAAQS set to protect public health Attainment vs. Non-attainment Requirement to review every 5 years NAAQS changes controversial State Implementation Plans 36
- 37. Air Toxics Rule (§112) 188 substances controlled as Hazardous Air Pollutants (40CFR Part 63) Stationary sources are major source if emit: >10 tons per year, or >25 tons of any combination 1990 CAA Provisions 37
- 38. Four types of HAP exposure control (NESHAPs) Maximum Achievable Control Technology (MACT) Standard Health based standards Standards for stationary ‘area sources’ Prevention of catastrophic releases Hazardous Air Pollutants 38
- 39. Applicable emission controls & limitation standards Essential monitoring and record- keeping document Modified, revoked, reopened, and reissued or terminated for cause 5 year permits are state managed, federally funded CAA Title V: Operating Permit 39
- 40. CAAPermitShield Section 504(f): permit compliance = CAA compliance If permit does not specify a control, no enforcement for not meeting the control no shield presumed 40
- 41. CAA Title V annual permitee certification: “...is in compliance with any applicable requirements of the permit, and to promptly report any deviations from permit requirements...” 41
- 42. CAACriminalProvisions Criminal liability attaches if individuals or corporations make false statements and/or fail to file or maintain records or reports required by CAA 42
- 43. CAACriminalProvisions §113(c) any person who knowingly violates Persons can be individuals & corporationsIndividuals: Five years in jail and up to $250K/ day/violation Corporations: up to $500K/violation Some CAA enforcement exclusive to corporate officers 43
- 44. CAACriminalProvisions Penalties double for repeat offenders Corporations: up to $500K Individuals: one year in jail and up to $100K Knowing failure to pay any fee owed 44
- 45. Applicable criteria Negligent vs. knowing HAPs vs. extremely hazardous substances CAACriminalProvisions Criminal release of air toxics Imminent danger of death or serious bodily injury 45
- 46. CAACriminalProvisions Negligent Individuals: up to $100K per day and up to 1 year in prison Negligent Corporations: up to $200K per day Knowing Individuals: up to $250K per day and up to 15 years in prison Knowing Corporations: up to $1M per day Requires actual knowledge 46
- 47. "Knowingly removing asbestos improperly is criminal. Exploiting the homeless to do this work is cruel." -Attorney General Janet Reno 47
- 48. CAA Criminal Investigation Tips Difficult, complex, requires SMEs Non-attainment areas SIPs and source specific controls Toxic air release = regulatory controls EPA’s National Priority Sectors Tampering = enforcement HAPs vs. Hazardous Substances 48