...of Business Week 3 - Discussion 2 - Environmental Liability and Due Process In 1979, Paul and John Reardon purchased 16 acres of land located next to a manufacturing plant in Massachusetts. In 1983, a state environmental agency, responding to a citizen's report, tested soil samples from both properties and discovered extremely high levels of polychlorinated biphenyls (PCBs) on the plant site and on the Reardons' property where it bordered the site. Shortly thereafter, the Environmental Protection Agency (EPA) cleaned up the contaminated areas. In 1985, the EPA notified the Reardons that they might be liable for clean-up costs. An EPA investigation of the property in 1987 revealed that some soil was still contaminated. This time, the Reardons cleaned up the property themselves. In March 1989, the EPA placed a lien for an unspecified amount on all of the Reardons' property to secure payment for any clean-up costs for which the Reardons might be liable. The EPA told the Reardons that they could settle the claims against them for $336,709 but noted that this amount did not limit the Reardon’s potential liability. The Reardons filed a motion for an injunction, arguing that filing a lien against their property without any prior notice or hearing violated their due process rights under the Fifth Amendment, which states that no person can be deprived of life, liberty, or property without due process of law. Superfund (the Comprehensive Environmental Response, Compensation, and Liability...
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... Part III Environmental Protection Agency 40 CFR Part 112 Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure (SPCC) Rule—Amendments; Final Rule wreier-aviles on DSKGBLS3C1PROD with RULES3 VerDate Nov2008 14:49 Nov 12, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\13NOR3.SGM 13NOR3 58784 Federal Register / Vol. 74, No. 218 / Friday, November 13, 2009 / Rules and Regulations copy. Publicly available docket materials are available either electronically at http:// www.regulations.gov or in hard copy at the EPA Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the Public Reading Room is 202–566–1744, and the telephone number to make an appointment to view the docket is 202–566–0276. FOR FURTHER INFORMATION CONTACT: For general information, contact the Superfund, TRI, EPCRA, RMP, and Oil Information Center at 800–424–9346 or TDD at 800–553–7672 (hearing impaired). In the Washington, DC metropolitan area, contact the Superfund, TRI, EPCRA, RMP, and Oil Information Center at 703–412–9810 or TDD 703–412–3323. For more detailed information on specific aspects of this final rule, contact either Vanessa E. Principe at 202–564–7913 (principe.vanessa@epa.gov), or Mark W. Howard at 202–564–1964 (howard.markw@epa.gov), U.S. Environmental Protection Agency...
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...Environmental Protection Agency Proposed Rule Number 61 Keller Graduate School 1. State the administrative agency that controls the regulation. Briefly explain why this agency and your proposed regulation change interest you. Will this proposed regulation affect you or the business in which you are working? The Environmental Protection Agency (EPA) is in charge of the National Priorities List. Currently the EPA is seeking to propose a rule 61. I currently work for a corporation, AECOM that stands for Architecture, Engineering, Construction, Operations, Management, where our job is to destroy chemical agent, such as mustard nerve agent. AECOM works diligently to follow EPA guidelines to ensure we do not fall under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Superfund Amendments and Reauthorization Act (SARA). AECOM follows these guidelines to protect the environment and the personnel that live in the city where we are located. Part of our job is to stay up-to-date with the laws and regulations that change and come up to ensure we are not breaking the law when it comes to transporting, handling, and destroying the chemical agent. As it stands, the current regulation is only for three sites Alabama, Indiana, and Michigan, which do not apply to our site in Colorado. Later in the cycle, the EPA could issue to have this regulation include our site in Colorado is anything goes wrong during processing. 2. Describe the proposal or...
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...1. Examine how Congress writes environmental laws and EPA provides the technical, operational, and legal details needed to carry them out. At least 1/2 page summary A number of laws serve as EPA's foundation for protecting the environment and public health. However, most laws do not have enough detail to be put into practice right away. EPA is called a regulatory agency because Congress authorizes us to write regulations that explain the critical details necessary to implement environmental laws. In addition, a number of Presidential Executive Orders (EOs) play a central role in our activities http://www3.epa.gov/region9/enforcement/intro.html Under the Congressional Review Act (CRA), a rule generally cannot take effect until EPA submits a rule report to each House of Congress and to the Comptroller General of the United States (head of the U.S. Government Accountability Office). Rules that are not considered "major" under the CRA, may take effect as they otherwise would under other applicable law once a rule report is submitted. A rule that is "major" may take effect no earlier than 60 calendar days after Congress receives the rule report or the rule is published in the Federal Register (FR), whichever is later. The CRA also provides procedures by which Congress can rescind a rule within a specified period of time using expedited procedures. 2. Go to http://www.epa.gov/. Read the Community right-to-know regulation CFR 40 Section 370 and summarize subpart A-B-C and D. Subpart...
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...For the purpose of this assignment, I have chosen to talk about the 2011 Proposed Rule “Definition of Solid Waste (DSW) Rulemakings for RCRA Hazardous Waste Regulations.” 1. Background and the proposal or change: The 2011 Proposed Rule by EPA is communicating on proposing new safeguards for hazardous secondary materials recycling to protect public health and the environment. This Proposal will change EPA’s 2008 Definition of Solid Waste rule, which altered the hazardous waste regulations to promote recycling of hazardous secondary materials. 2. A) The federal agency that is promoting this change is named as “US Environmental Protection Agency (EPA), which began operation on December 3, 1970 and proposed by President Richard Nixon. B) I always have an interest on this agency, base on its main purpose, which is to conduct environmental assessment focusing on the protection of the human health and our environment. This Proposed rule impacts me because as everyone, I would like to have and maintain a clean and healthy environment if I can, and I believe it would also reduce illness such as asthma and cancer, and at the same time this rule will help industries to identify what type of solid waste should they identify and recycle. C) I currently reside with my family near an industry that uses hazardous and toxic chemicals, which generate hazardous materials and coal residues. I would not like to have residues near home that could drive any of...
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... Lori Spain WGU April 23, 2013 Social Responsibility Company X, is my client that I will be developing a social responsibility strategy for. Sustainability and social responsibility issues for 21st century businesses will be addressed domestically and internationally. The focus will ensure that adequate business practices, environmental considerations and ethical decision making are all in compliance with government guidelines. Company X is a technology company that provides not only customers; but also communities with innovative products and services. These services are to empower innovative solutions to the everyday needs of life. Company X was founded in 1902, and they are fortunate enough to have earned one of the leading global market positions. Company X is one of 30 companies that make up the Dow Jones Industrial Average. Company X needs to actively contribute to sustainable development through environmental protection, social responsibility and economic progress. Medical and surgical supplies such as drapes, hot/cold packs, tape, dressings and biological indicators are only part of hundreds of products within this field that Company X manufactures. This company is a world leader in markets from highway safety to adhesives and office products to health care. Company X is science based and actively shipped over 79.5 million pounds of these products...
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...OUTLINE THE CLEAN AIR ACT I. Introduction A. The clean air act has evolved from a set of principles designed to guide states in controlling sources of air pollution (the 1967 Air Quality Act) to multiple levels of pollution control requirements (the 1970, 1977, and 1990 Amendments to the Act) that the federal government implements by regulation and that the states administer and apply. B. The CAA regulatory programs fall into three categories. 1. New and existing sources of air pollution are reviewed and regulated to ensure attainment and maintenance of ambient air quality levels designed to protect public health and welfare. a. This ambient air quality program is implemented through source specific emission limitations contained in state implementation plans. 2. New sources of pollution are subject to preconstruction review to ensure attainment of air quality standards and the application of more stringent control technology requirements. 3. The act addresses specific pollution problems, including acid deposition, hazardous air pollution, and visibility impairment, through programs written by Congress to address the particular issues associated with each type of pollution. II. Clean Air Act Regulatory Programs A. Air-Quality Regulation 1. The centerpiece of the Clean Air Act is the national ambient air quality standards (NAAQS) program, which addresses pervasive pollution that endangers public health and welfare. 2. NAAQS have been established...
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...1.Before a rule promulgated by a federal agency becomes law, it must be a. published in final form in the Federal Register. b. approved by a Senate Oversight Committee. c. both a and b. d. none of the above. 2.All rules made by administrative agencies must be a. published as proposed rules in the Federal Register. b. published as final rules in the Federal Register at least 30 days before they are to go into effect. c. both a and b. d. neither a nor b. 3.The courts may declare an agency rule void if a. the rule violates the U. S. Constitution. b. the rule was outside the scope of authority given to the agency in the enabling act that created the agency. c. all of the above. d. none of the above. 4.One does not look in the Federal Register to find a. statutes b. final rules. c. proposed rules. d. any of the above. 5.Agencies have the authority to a. promulgate rules that have the force of law. b. provide information to the public about matters regulated by the agency. c. investigate complaints of violations of agency-promulgated rules. d. all of the above. 6.The goals of the Pollution Prevention Act of 1990 will be furthered by an office within the EPA that will be responsible for a. developing and improving methods of coordinating and making available to the public, data collected under federal statutes. b. identifying barriers to source reduction and recommending to Congress ways to eliminate these barriers...
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...generated in this country—and almost 50 tons of mercury emissions annually. o Cement kilns- all the cement kilns in the U.S. combined pump out roughly 23,000 pounds of mercury every year. The group released a report last July finding that, individually, some cement kilns emit nearly one and a half times more mercury than the most polluting coal-fired power plants. o Trash incinerators. Hazardous waste, medical waste, and regular garbage incinerators release 13.1 tons (or about 26,000 pounds) of mercury every year, according to statistics from the EPA. The mercury comes from common household items, such as compact fluorescent light bulbs and thermostats, and from automobile scrap. • Studies tend to find that environmental degradation and income have an inverted U- shaped relationship, with pollution increasing with income at low levels of income and decreasing with income at high levels of income. • Use the GEMS- global environmental monitoring system • Past income has been a major determinant of current pollution standards. • The metals and toxics prove difficult to remove from drinking water by standard purification procedures and also bioaccumulate in fish that are later ingested by humans. Many of these substances accumulate into the bottom sediment that is released slowly over time. • Health hazards- irritability, depression, kidney and liver damage and birth defects • Pollution is best controlled by government regulation that reduce effluent discharges and that ensure...
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...Foot Town in connection with the current epidemic of high levels of lead in their drinking water surrounding the small town of Turkey Foot. The main concern regarding this matter is that some homes in the community have lead levels above the EPA action level of 15 parts per billion (ppb), or 0.015 milligrams of lead per liter of water (mg/L), pursuant to EPA federal regulations. Although lead concentrations leaving a water treatment plant are generally low, corrosive water can result in lead leaching from lead pipes within a distribution system. In general, lead solder used to connect pipe, or brass fixtures which may contain a small percentage of lead. As you may already know, lead is a contaminant that the EPA takes very seriously. Exposure to lead can have serious health effects, causing delays in normal physical and mental development in infants and young children and slight deficits in the attention span, hearing, and learning abilities of children. Congress passed the Safe Drinking Water Act in 1974 to develop regulations to control for lead in drinking water. The Lead and Copper Rule (LCR), issued in 1991, is focused on controlling corrosion within the distribution system that delivers water to customers. The Rule requires that public water systems monitor a fixed number of customer taps for lead. If more than ten percent (10%) of taps tested exceed 15...
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...objective to control air pollution in the United States. Under the CAA the Environmental Protection Agency (EPA) is required to establish air quality standards and also grants states substantial freedom to implement plans in order to meet those standards. Assuredly, the CAA is a momentous and notable cause, but the act itself is challenged with several problems, such as the possible spread of air pollution. Air pollution itself is a multifaceted problem and does not observe state boundaries. For example, smokestack emissions from a coal-fired power plant in one state can contribute to pollution problems in another, downwind state hundreds of miles away. Further complicating the problem, most upwind states emit pollutants to more than one downwind state, many downwind states receive pollution from multiple upwind states, and some states qualify as both upwind and downwind. Moreover, the impact of air pollution is not confined to just the air, for what goes up must come down, meaning air pollutant’s will inevitably be deposited on the ground where they are washed into rivers, lakes, and streams....
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...materials, bauxite mining, and Alumina refining and smelting. The company falls under the jurisdiction of Region 6 of the Environmental Protection Agency (EPA) (University of Phoenix, 2010). Recognizing and Minimizing Tort and Regulatory Risk Plan Companies and organizations such as Alumina, Inc. have corporate governances that require them to operate their businesses under government rules, regulations and boundaries. The rules and regulations have been authorized and enacted by major legislation, which are enacted by Congress and enforceable by laws. Minimizing the risk of tort liability is the goal of every organization and company. Five years ago Alumina was in violation of environmental discharge norms in a routine EPA compliance evaluation inspection. The EPA ordered a cleaned up and Alumina complied right away. Now, the case of negligence starts. The government places a high level the importance on the preservation of the environment and enforces environmental regulations. Alumina has to come up with a risk management plan that will incorporate governances that will prevent the organization from unethical behavior, potentially damaging lawsuits, and some preferred ways of handling certain legal situations. Alumina has hired Sandra Devoe as its new business manager with specific duties in crisis arising from allegations of environmental damages....
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...the next generation.” Ben Carson made an excellent point about the importance of putting aside differences for a significant reason. One of the main areas that seem to always have an enormous amount of conflicting viewpoints is the environment. Climate change, carbon footprint, and cap-and-trade programs are only the beginning of the environmental problems the modern world must take note of today. Ben Carson, a leading Republican presidential candidate, in my opinion, demonstrates the best plans and ideas in support of environmental issues if elected. He is an advocate....
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...percent by 2030, setting in motion one of the most significant actions to address global warming in U.S. history. The rule, which is expected to be final next year, will set the first national limits on carbon dioxide, the chief gas linked to global warming from the nation's power plants. They are the largest source of greenhouse gases in the U.S., accounting for about a third of the annual emissions that make the U.S. the second largest contributor to global warming on the planet. The Environmental Protection Agency regulation is a centerpiece of President Barack Obama's plans to reduce the pollution linked to global warming, a step that the administration hopes will get other countries to act when negotiations on a new international treaty resume next year. Despite concluding in 2009 that greenhouse gases endanger human health and welfare, a finding that triggered their regulation under the 1970 Clean Air Act, it has taken years for the administration to take on the nation's fleet of power plants. In December 2010, the Obama administration announced a "modest pace" for setting greenhouse gas standards for power plants, setting a May 2012 deadline. Obama put them on the fast track last summer when he announced his climate action plan and a renewed commitment to climate change after the issue went dormant during his re-election campaign. "The purpose of this rule is to really close the loophole on carbon pollution, reduce emissions as we've done with lead, arsenic and mercury...
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...Is the Environmental Protection Agency protecting us or is it smothering us? The Environmental Protection Agency (EPA) is an agency of the U.S. government that is tasked with the goal of protecting the health of the U.S. population and environment. Over the past decade the EPA has increased its regulations dramatically. Over the past two years the EPA has started to pose heavy fines that result in closings on companies that violate their regulations. The Environmental Protection Agency has been in existence since1970. President Richard Nixon was the president who created the EPA after a stringent study of the environment of the U.S. and the effect it was having on the health of the citizens. The main reason that the EPA was created was to monitor Greenhouse gases and the effect of them on the Ozone layer. Every President from Richard Nixon on has either tolerated or out rightly supported the EPA. The Clean Air Act allowed the EPA to start to monitor these greenhouse gases from both mobile and stationary sources, for the first time on January 2, 2011. Although the EPA has only legally been allowed to monitor the greenhouse gases and other pollutions since January 2, 2011; the EPA has been handing out regulations and warning businesses for the past decade. Oil refineries have been hit the heaviest in terms of regulation. Most oil refineries argue that the EPA regulations decrease both the quality and quantity of the oil that they drill out the reservoirs every day. Other energy...
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