Environmental Regulations Research Paper

• Asbestos abatement act

The Name of the Law and the Law’s Short or Common Name:
Asbestos School Hazard Abatement Reauthorization Act of 1990 or (ASHARA)
Description of the Events or Circumstances that Prompted the Development of the Law: The discovery that school buildings contain asbestos and exposes the children to health risks prompted the development of the law .
Personal Explanation of the Law: The law recommends increased awareness of schools in the hazards posed by asbestos; as such, recommends them to design plans to inspect and manage asbestos release in the atmosphere .

The State of the Law Today: The law is currently being enforced in conjunction with other asbestos-related laws

Discussion of Legal or Policy Debates about the Law: ASAHA was noted to amend the Asbestos School Hazard Abatement Act of 1984 .

• Storm water prevention

The Name of the Law and the Law’s Short or Common Name: The storm water prevention program falls under the Clean Water Act (CWA) through permits being issued by the National Pollutant Discharge Elimination System (NPDES) .
Description of the Events or Circumstances that Prompted the Development of the Law: The program still falls under pollution control, specifically in monitoring stormwater which fall on various surfaces. As such, to ensure that the quality of the stormwater remains safe, some treatment techniques are proposed to be implemented through seeking the necessary permits .
Personal Explanation of the Law: The program is being governed by the NPDES to ensure that the quality of stormwater would be free from pollutants that endanger the health of people. As such, permits are categorized according to five (5) categories of stormwater discharges .

The State of the Law Today: The program is continued to be enforced in contemporary times.

Discussion of Legal or Policy Debates about the Law: Various concerns need to be addressed in the program including stormwater discharges which were reported to be coursed through two kinds of subsurface systems (fluid distribution systems or infiltrative devices) and were disclosed to be subject to the federal underground injection control (UIC) requirements .

• EPA spill prevention countermeasure plans

The Name of the Law and the Law’s Short or Common Name:

Spill Prevention, Control, and Countermeasure or (SPCC) Rule

Description of the Events or Circumstances that Prompted the Development of the Law: The focus of the rule was specifically noted in terms of prevention; rather than addressing after-the-fact oil spills . The rule is for facilities that could potentially discharge oil in navigable waters.

Personal Explanation of the Law: The SPCC was noted to form part of the Oil Pollution Prevention (OPP) regulation .

The State of the Law Today: The rule is continued to be enforced in current times and observed to be contributory in preventing incidences of oil spills in navigable waters.
Discussion of Legal or Policy Debates about the Law: There are revisions to SPCC guidelines for regional inspectors as well as updates which should be apprised for use by facility owners .

• EPA renovation, repair, and painting

The Name of the Law and the Law’s Short or Common Name:

Renovation, Repair and Painting Rule or RRP Rule

Description of the Events or Circumstances that Promoted the Development of the Law: The rule was developed due to the recognition that lead-based paints cause potential health hazards to those who are exposed to them.
Personal Explanation of the Law: The rule stipulates that establishments (homes, child care facilities, as well as pre-schools) built before the January 1, 1978 date were prompted to seek EPA permits to ensure that those would work on renovation and painting jobs would conform to lead-based standards.

The State of the Law Today: The rule is still being strictly enforced until current times.

Discussion of Legal or Policy Debates about the Law: The rule is subject and in conjunction with other lead laws and regulations . As such, some debatable issues include the extensive requirements in seeking certifications and trainings.

• Hazardous and solid waste amendment of 1984

The Name of the Law and the Law’s Short or Common Name:
Hazardous and Solid Waste Amendments of 1984 or HSWA which reportedly amends the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976)
Description of the Events or Circumstances that Prompted the Development of the Law: The HSWA was reportedly enacted in response to the public’s clamor to minimize and eliminate hazardous wastes as they pose significant health hazards to men and to the environment .
Personal Explanation of the Law: The HSWA stipulated provisions regarding the need for state and regulatory agencies to monitor and govern hazardous waste management through controlling emissions to expressly indicated safe standards and levels.

The State of the Law Today: The HSWA is still currently being actively enforced in contemporary times.

Discussion of Legal or Policy Debates about the Law: The debatable concern was noted in terms of establishment of treatment standards, as well as imposition of sanctions or criminal enforcement programs .

• Water quality compliance

The Name of the Law and the Law’s Short or Common Name:

Clean Water Act (CWA)

Description of the Events or Circumstances that Prompted the Development of the Law: The CWA was developed into law to ensure that institutions that release pollutants in surface water would first obtain the necessary permits. The law was recognized as relevant to prevent contamination of bodies of water which could jeopardize the health of man and living things .
Personal Explanation of the Law: The water quality compliance regulation within the CWA ensures that specific pollutants conform to specified standards. The regulatory bodies would first determine adherence to quality standards before permits would be issued on allowing organizations to release these in navigable waters.

The State of the Law Today: The law continues to be enforced today.

Discussion of Legal or Policy Debates about the Law:
• Air permit requirements
The Name of the Law and the Law’s Short or Common Name:

Clean Air Act of 1990 (CAA)

Description of the Events or Circumstances that Prompted the Development of the Law: The air permit requirements are an integral part of the CAA to prompt establishments emitting pollutants in the atmosphere to seek the necessary permits. The development of the law spurred from the need to ensure that industrial or commercial activities do not add to air pollution and adhere to environmental protection .
Personal Explanation of the Law: With increasing incidences of global warming and climate change that have been observed to be caused by human activities, particularly emission of greenhouse gases, regulators required air permits to monitor the components of gases being released in the atmosphere. Organizations which could not comply with the requirement would be sanctioned and penalized according to conditions of the CAA.

The State of the Law Today: The law is still applied in contemporary times.

Discussion of Legal or Policy Debates about the Law: One of the debatable issues is for organizations that do not conform to the requirements of the air permit stipulation; as well as the penalties to be imposed on those who violate the CAA .

• Noise control act

The Name of the Law and the Law’s Short or Common Name:

Noise Control Act of 1972 or NCA

Description of the Events or Circumstances that Prompted the Development of the Law: The recognition that noise could inflict health-related injuries and illnesses, especially in urban areas, promoted the development of the law .
Personal Explanation of the Law: The NCA aimed to minimize incidences of health-related concerns stemming from products or services that emit significantly high decibels of noise levels. As such, noise emission standards are set, as well as recommended guidelines to control noise to set levels are required to be adhered to.

The State of the Law Today: The NCA is still currently being enforced.

Discussion of Legal or Policy Debates about the Law: Enforcement of the NCA was deemed to be more effective when transferred to the state and local government agencies .

• Hazardous material and process safety management

The Name of the Law and the Law’s Short or Common Name:
Standard Number 1910.119: Process safety management of highly hazardous chemicals (OSHA, n.d.).
Description of the Events or Circumstances that Prompted the Development of the Law: The recognition that handling highly hazardous materials pose dangers to the health of workers prompted the development of the law.
Personal Explanation of the Law: OSHA’s regulations and guidelines clearly assist organizations handling highly hazardous materials to adhere to safety standards and controls . Process hazards analysis, in conjunction with engineering, administrative, and management controls, were proposed to be complied with.

The State of the Law Today: Adherence to OSHA standards are still being strictly enforced today.

Discussion of Legal or Policy Debates about the Law: Both employers and employees could not contest the relevance of these standards to protect them from accidents that could ensue from handling highly hazardous materials.

• Pollution prevention act

The Name of the Law and the Law’s Short or Common Name:

Pollution Prevention Act of 1990 or PPA

Description of the Events or Circumstances that Prompted the Development of the Law: Government regulators’ efforts on monitoring the increasing and alarming levels of pollution in the country, as well as the money spent to control pollution levels prompted the development of the PPA.
Personal Explanation of the Law: The PPA was put into law in compliance with the need to intensify efforts to prevent pollution through source reduction . Determining how pollution could be prevented at the source was considered more effective than attempts to control pollution levels that are already in the atmosphere.
The State of the Law Today: The PPA is currently enforced today and have been observed to help prevent further increase in pollutants in the earth’s atmosphere.
Discussion of Legal or Policy Debates about the Law: The PPA which was enacted in 1990 was re-assessed to incorporate evolving trends and patterns that contribute to pollution in contemporary times .

Works Cited

EPA. "Asbestos Laws and Regulations." 21 April 2014. epa.gov. http://www2.epa.gov/asbestos/asbestos-laws-and-regulations#ashara. 23 March 2015.
—. "Asbestos School Hazard Abatement Reauthorization Act (ASHARA) of 1990." 23 January 1990. epa.gov. http://www2.epa.gov/sites/production/files/documents/ashara.pdf. 23 March 2015.
—. "Asbestos School Hazard Abatement Reauthorization Act of 1990 from the One Hundred First Congress of the United States of America." 8 January 2015. epa.gov. http://www2.epa.gov/asbestos/asbestos-school-hazard-abatement-reauthorization-act-1990-one-hundred-first-congress-united. 23 March 2015.
—. "Lead Laws and Regulations." 26 August 2014. epa.gov. http://www2.epa.gov/lead/lead-laws-and-regulations. 23 March 2015.
—. "NPDES Wastewater & Stormwater Permits." 15 March 2014. epa.gov. http://www.epa.gov/region09/water/npdes/stormwater.html. 23 March 2015.
—. "Oil Spills." 23 October 2014. epa.gov. http://www.epa.gov/emergencies/content/spcc/index.htm. 23 March 2015.
—. "Permits and Enforcement." 29 October 2014. epa.gov. <http://www.epa.gov/air/caa/peg/permits.html>.
—. "Pollution Prevention (P2) Laws and Policy." 17 February 2012. epa.gov. <http://www.epa.gov/p2/pubs/laws.htm>.
—. "Pollution Prevention Act of 1990 ." 16 June 2011. epa.gov. <http://www.epa.gov/p2/pubs/p2policy/act1990.htm>.
—. "Spill Prevention, Control and Countermeasure Plans (SPCC)." 12 April 2012. epa.gov. http://www.epa.gov/Region5/superfund/oil/spcc.html. 23 March 2015.
—. "Summary of the Clean Water Act." 13 March 2015. epa.gov. <http://www2.epa.gov/laws-regulations/summary-clean-water-act>.
—. "Summary of the Noise Control Act." 12 November 2014. epa.gov. <http://www2.epa.gov/laws-regulations/summary-noise-control-act>.
GovTrack. "Summaries for Hazardous and Solid Waste Amendments of 1984." n.d. govtrack.us. https://www.govtrack.us/congress/bills/98/hr2867/summary. 23 March 2015.
OSHA. "Process safety management of highly hazardous chemicals." n.d. osha.gov. <https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9760>.
Robinson, E.H. and Jr. "Hazardous and Solid Waste Amendments of 1984." 2015. encyclopedia.com. http://www.encyclopedia.com/doc/1G2-3407400150.html. 23 March 2015.