Download Lecture 3_Decision Making

Course 3.1, Section V
Decision Making on Pollution
Module 3: Solid waste, Wastewater and Gaseous Emissions Treatment Systems
Course 3.1 Environmental Science and Technology for Decision Makers
Developed by AIT for Tongji University
Recap from the Last Lecture:
• Global Imbalances
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Imbalanced Population Growth
Wealth Imbalances
Resource Consumption Imbalances
• Consequences
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Conflicts
• Solutions
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Sustainable Cities
Environmental Management Strategies for Cities
Urban Environment
Priority Environmental Issues Facing Cities
Spatial Scale of Urban Environmental Problems
Urbanization in Developing Countries
Economic/Environmental Typology of Cities
Critical Policy Linkages for Urban Environmental Management
Key Policy Messages
Possible Priority Actions
Key Stakeholders
Formulating Environmental Strategies for Cities
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Decision Making on Pollution
Human Impacts on Ecosystems:
Humans altered nature to meet needs & wants in nine major ways:
• Destruction, fragmentation, and degrading of wildlife habitats: Reduced biodiversity
• Simplification and homogenization of natural ecosystems by clearing land and
planting a single species (monoculture):
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Reduced numbers of species and interactions
Opportunistic species and pest organisms costing time, energy, and money to control
Invasion of pathogenic organisms another threat
• Destruction of the earth's net primary productivity
• Certain types of intervention: Unintentionally strengthened pest species and
disease-causing bacteria
• Some predator species deliberately eliminated from ranching areas
• Alterations occurred due to introduction of non-native (invasive) or new species
into an ecosystem
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Human Impacts on Ecosystems:
Humans altered nature to meet needs & wants in nine major ways:
• A number of renewable resources over-harvested:
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overgrazing of grasslands
over-hunting of wildlife and
pumping out aquifers for freshwater faster than they can recharge
• Some human activities interfere with normal chemical cycling and energy flows in
ecosystems
• Human-dominated ecosystems increasingly dependent on nonrenewable energy
from fossil fuels that produce pollution and add greenhouse gases to the
atmosphere
Alteration of natural ecosystems needs to be slowed down, and we need to maintain
a balance between simplified, human-altered ecosystems and more complex, natural
ecosystems
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Learning from Nature
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Dependence on Nature
Interdependence
Unpredictability
Limited Resources
Recycle Wastes
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Standards
Key Strategy
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Long term planning
Preventive control of environmental threats
Monitoring of environmental quality
Effective legislation & enforcement
Provision of environmental infrastructure
Use of environmental technology
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Land Use Planning
Urban Redevelopment Authority
• National Authority for land use planning
• Prepares Concept Plan and Development Guide Plans (DGPs)
• Land zoned for specific uses such as residential, commercial,
industrial, etc.
• Environmental controls factored in Concept Plan and DGPs
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Protection of water catchment
Provision of environmental infrastructure
Compatibility of land use
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Preventive Controls
• Judicious siting of industries
• Development and building plan control
• Inspection of completed premises
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Siting of Industries
• Site industrial estates for clean and light industries close to residential
areas
• Site general and special industries farther away from residential areas
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Siting of Industries
Evaluates pollution impact of new industries
• do not pose unmanageable health and safety hazards and pollution
• adopt clean technology to minimize use of hazardous chemicals and
generation of wastes
• comply with prescribed standards for emission/discharge of pollutants
• wastes properly handled and disposed of
• compatible with surrounding land use
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Building Plan Control
• Check building plans of new developments
• Check pollution control facilities of industrial developments
• Check completed developments for compliance with pollution control
requirements before occupation and use of developments
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Environmental Monitoring
• Monitor ambient air quality and quality of inland and coastal waters
• Detect trends so that control programmes formulated to prevent a
problem from arising
• Assess adequacy and effectiveness of control programmes
• Keep abreast with monitoring technology
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Legislation & Policies
• Set up effective legislation to control pollution
• Carry out regular review of policies and standards with extensive
consultations with public and industries
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Enforcement
• Ensure air pollutant emission standards and trade effluent standards
comply with legal standards
• Control proper management and disposal of hazardous substances
and toxic industrial wastes
• Conduct regular checks on industries
• Take legal action against recalcitrant polluters
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Sources of Environmental Law
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Legislation (federal, state, local)
Regulations (federal, state, local)
Court decisions (interpreting statutes & regulations)
Common law
Constitutions (United States, state)
International treaties
Foreign regulations
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The Importance of State Laws
• Some state laws implement federal programs
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Clean Water Act programs
Clean Air Act programs
• Some state laws independent from federal programs
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Massachusetts: Toxic Waste Minimization Law
California: Proposition 65
New Jersey: Property Transfer Environmental Law
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Targets of Environmental Laws
Who or what gets regulated?
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Products
Pollutants
Industrial Facilities
Government Agencies
Individuals
Land uses
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Regulatory Objectives
What is the desirable level of protection?
• Health or Environmental Based Standards
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e.g., under Clean Air Act, ambient air quality standards must protect human
health
• Technology or Feasibility Based Standards
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e.g., under Clean Air Act, emission limits for new sources determined by limits
achievable using the best control technology demonstrated by that industry
• Balancing Standards
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e.g., Toxic Substances Control Act requires EPA to balance environmental and
health effects of chemicals with economic consequences of regulation
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Regulatory Obligations
How will regulations achieve their objectives?
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Design Standards
Performance Standards
Ambient or Harm Based Standards
Product Bans or Use Limitations
Planning or Analysis Requirements
Information Disclosure Requirements
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Translating Statutes into Regulations
Federal Environmental Statutes:
Enacted through the legislative process.
Provide the regulatory framework.
Authorize the agencies to adopt regulations.
Reported in the United States Code.
Federal Environmental Regulations:
Adopted by federal agencies.
Set forth implementation details, such as emission standards
or procedures for submitting permit applications.
Reported in the Code of Federal Regulations (CFR)
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Sources of Information to Help Identify Regulatory
Obligations
• Federal or State Agencies
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e.g., USEPA or Michigan Department of Quality
• Internal Corporate Resources
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e.g., environmental health and safety department or “in-house” legal counsel
• Federal Register
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contains proposed and adopted regulations, available at
http://www.nara.gov/fedreg
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Environmental Laws
Federal Statutes
International Treaties
Common Law
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Federal Environmental Statutes
Clean Air Act
Clean Water Act
Pollution Prevention Act
Toxic Substances Control Act
National Environmental Policy Act
Occupational Safety and Health Act
Resource Conservation and Recovery Act
Federal Insecticide, Fungicide, and Rodenticide Act
Emergency Planning and Community-Right-to-Know Act
Comprehensive Environmental Response, Compensation, and Liability Act
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Clean Air Act
• What is the purpose?
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To control air pollution by instituting point source controls and establishing maximum
pollutant levels for the ambient air.
• What is the scope?
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The main focus is stationary sources of air pollution but the Act also provides some
regulation for mobile sources.
• Who implements the program?
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The EPA must establish national ambient air quality standards (NAAQS) for criteria
pollutants: total suspended particulates, sulfur dioxide, nitrogen oxides, carbon
monoxide, ozone, and lead.
Each state is required to determine how to attain and maintain NAAQS by
developing a State Implementation Plan (SIP).
For state areas that exceed the NAAQS, the states must implement a program to
prevent the significant deterioration of air quality in those areas that exceed the
NAAQS.
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Clean Water Act
• What is the purpose?
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The stated objective of the Clean Water Act is to restore and maintain the chemical,
physical, and biological integrity of the Nation’s waters.
• What is the scope?
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All point sources that discharge any pollutants into the waters of the United States
must first obtain a permit under the Act.
• Who implements the program?
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the EPA
With EPA approval, states can issue National Pollution Discharge Elimination
System (NPDES) permits within the state. The EPA can revoke a state’s permitting
authority if the program is not as stringent as the federal program.
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Resource Conservation and Recovery Act
• What is the purpose?
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to provide a “cradle to grave” framework for managing solid and hazardous waste
from generation to final disposal
• Who must comply?
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Any party that generates, transports, stores or disposes of solid and hazardous
waste.
• Who implements the program?
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the EPA
States: with EPA approval, some states implement and manage solid and hazardous
waste management programs in lieu of the federal RCRA program
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Comprehensive Environmental Response, Compensation,
and Liability Act
• What is the purpose?
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To provide a mechanism to clean up contaminated sites and hold potentially
responsible parties accountable for clean up costs.
• What is the scope?
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Parties may be liable for cleanup costs if they contributed any amount of hazardous
substance to a contaminated site, e.g. anyone who disposed of hazardous
substances found at the site.
• How is the Act enforced?
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The EPA can conduct a short-term removal action at any site requiring emergency
action or conduct a long-term remedial action at any site on the National Priorities
List.
The EPA can compel private parties to cleanup a site when release or threatened
release of hazardous substances present an imminent endangerment to the public
health or welfare of the environment.
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Toxic Substances Control Act
• What is the purpose?
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To regulate toxic chemicals and mixtures that present an “unreasonable risk of injury
to health or the environment”
• What is the scope?
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TSCA places the burden on manufacturers to supply the EPA with information on
environmental and health effects of chemical substances and mixtures. The EPA
then has broad power to regulate the manufacture, use, distribution, and disposal of
chemical substances and mixtures. However, the EPA must balance the economic
and social benefits of a chemical against the risks when setting forth regulations.
• Who implements the program?
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the EPA
Unlike other programs, states do not implement TSCA
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Federal Insecticide, Fungicide, and Rodenticide Act
• What is the purpose?
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To protect the public health and environment against the misuse of pesticides.
• What is the scope?
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All pesticide manufacturers must submit data regarding the safety and efficacy of
their pesticides.
• Who implements the program?
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The EPA
Where a state has a federally approved pesticide program, the state is the primary
enforcement authority.
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National Environmental Policy Act
• What is the purpose?
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Section 2 of NEPA declares that the purpose of the Act is to promote efforts which
will prevent or eliminate damage to the environment and biosphere and stimulate the
health and welfare of man; and to enrich the understanding of the ecological
systems and natural resources important to the Nation.
• What is the scope?
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NEPA applies to all major federal actions -- therefore it affects all federal agencies.
• Who implements the Act?
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The Council on Environmental Quality, established under Title II, as an Executive
Office of the President to implement NEPA
States do not implement NEPA
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Emergency Planning and Community Right-to-Know Act
• What is the purpose?
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To create emergency response plans to prepare for accidental chemical releases.
To create an information database so that the public can know what types of
chemical are being released by manufacturing facilities in their communities.
• What is the scope?
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Any facility that produces, uses, or stores any of the substances listed on the EPA’s
List of Extremely Hazardous Substances.
• Who implements the Act?
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The State Emergency Response Commission, which are created in each state under
the Act, implement the emergency planning requirements.
The EPA receives submissions of the Toxic Release Inventory (TRI) reports with the
authority to inspect and verify the reports.
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Occupational Safety and Health Act
• What is the purpose?
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To ensure that “no employee will suffer material impairment of health or functional
capacity” from a lifetime of occupational exposure.
• What is the scope of the Act?
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The Act extends to all employers and their employees in all fifty states, except
workplaces with fewer than ten workers and federal or state employees.
• Who implements the Act?
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The Occupational Safety and Health Administration (OSHA)
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Pollution Prevention Act
• What is the purpose?
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Establishes Pollution Prevention as the nation’s preferred pollution control strategy,
as opposed to end of pipe pollution control.
Pollution Prevention is the attempt to reduce the amount of generated waste through
more efficient use of resources at the input and production levels.
• What is the scope of the Act?
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Moves facilities beyond compliance on a voluntary basis
• Who implements the Act?
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The EPA
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Common Law vs. Statutory Law
Common Law
• Rules are created by judges
through court decisions.
• Because common law is
continuously shaped by court
decisions, common law can
vary
between
different
jurisdictions.
• Liabilities stem from personal
injuries or property damage
caused by environmental
conditions.
Statutory Law
• Rules are created through
legislative procedures.
• Statutes provide uniform,
national
frameworks
for
pollution control, e.g. Clean
Water Act.
• Liabilities stem from national
pollution control policies.
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International Treaties:
Great Lakes Water Quality Agreement of 1978
• Agreement between the U.S. and Canada
• Created an international joint commission to
draft regulations and make recommendations
on all actions affecting the Great Lakes, their
tributaries, and adjacent riparian areas
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International Treaties:
The Kyoto Protocol
• Addresses greenhouse gas emissions
• Signed by former President Clinton in 1998, but not yet submitted to
Senate for ratification
• If ratified, U.S. would have to:
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reduce greenhouse gas emissions (CO2, NOx, and CH4) 7% below 1990 levels
reduce HCFC, CFC and HFC 7% below 1995 levels over the period from 2008 to
2012
• Protocol also contains provisions whereby credits for greenhouse gas
emissions be earned by carbon reducing activities, e.g. reforestation
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International Treaties:
The Montreal Protocol
• Addresses ozone depletion
• 1987 Protocol Requirements:
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50% reduction in 1986 CFC productions levels by 1999
Freeze on 1986 halon production and consumption levels
• London Amendment of 1990:
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Phase out CFCs entirely by 2000
• Amendments of 1992:
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Accelerated timetable for reducing ozone depleting substances
• Implementation in U.S. through Title VI of Clean Air Act Amendments of
1990:
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Production of all Class I substances (CFCs, halons, carbon tetrachloride, and
methyl chloroform) phased out by 2000
Production of Class II substances (HCFCs) phased out by 2030
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International Treaties:
International Organization for Standards
• International Organization for Standards (ISO) is a private sector nongovernmental organization founded in Switzerland in 1947
• Promotes international harmonization and development of manufacturing,
product, and communications standards.
• ISO 14000 series – environmental management standards:
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Voluntary
Standards and guidance documents on environmental management, eco-labeling,
auditing, life-cycle assessment, and environmental performance evaluation.
Calls for environmental policies that represent a commitment to environmental
compliance and pollution prevention
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Definitions
• Ambient Standards:
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Requirements that specify maximum amount of pollutant(s) a building, work area or
a site may be allowed to have in its surroundings
• Effluent Standards:
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Restriction imposed by an environment-related government agency on quantities,
rates and concentrations of materials in waste water discharges
• Emission Standards:
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Legal requirements governing air pollutants released into the atmosphere
Set of quantitative limits on the permissible amount of specific air pollutants that
may be released from specific sources over specific timeframes
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Water Quality and Treatment Standards
• Technological Standards:
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Specify that treatment must include certain technologies or processes
Expressed without identifying either water quality of effluent to be produced or exact details of
technical process to be used
• Effluent Standards:
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Specifications of physical, biological and chemical quality of effluent to be produced by treatment
Uniform Effluent Standards:
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Most Common
Target concentrations of pollutants in effluent standardized across entire country or state
Has advantage of simplicity, ease of implementation and appearance of “fairness” to all who have to meet
them
Unfortunately, usually inefficient, leading to excessive treatment in some case and insufficient treatment in
others
Ambient or Stream Quality Standards:
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By contrast, seek to fix standards for quality of water body receiving the waste
Where receiving water used for drinking, bathing, fishing or reuse, standards for receiving water relatively
high
However, if natural processes of dilution and biodegradation improve the quality sufficiently before significant
use of the resource, then stream standards be lower
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Water Quality and Treatment Standards
• Ambient or Stream Quality Standards:
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Once desired stream quality know, environmental scientist then “work backwards” to
determine the maximum concentrations of each pollutant to be allowed in each
wastewater discharge
These concentrations become the standards for that discharge
Under this arrangement. Different discharges in different environmental contexts
must meet different effluent standards
Ambient standards advantageous to ensure efficient allocation of resources to
address local environmental conditions
This approach requires considerable planning and environmental science – major
disadvantage
Open to political and legal challenges, as different actors ask “Why should they be
allowed to discharge more pollution than me?”
If developed soundly and enforced, ambient standards offer a far more efficient and
cost-effective approach to improve the environment
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Thank You
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