Environmental Regulations Research Paper Sample

Oil Pollution Act

o The Name of the Law and the Law’s Short or Common Name: Oil Pollution Act or OPA; previous acts known as Oil Pollution Liability and Compensation Act of 1989
o Description of the Events or Circumstances that Prompted the Development of the Law:
The law was enacted in August of 1990 due to the pressing public clamor that allegedly ensued from the oil spill incident that happened regarding Exxon Valdez .
o Personal Explanation of the Law: OPA was put into law to enable the federal government to apply the appropriate response regarding incidences resulting to oil spills. Moreover, a fund was established allocating as much as one billion to be spent in response to oil spills. Clear and stringent sanctions are also imposed to organizations causes such oil spills to happen.
o The State of the Law Today: OPA has been amended in 2000 and is still currently enforced .
o Discussion of Legal or Policy Debates about the Law: Oil vessels and facilities are required by law to submit detailed plans on ways to address impending risks of oil spillage .

Energy Policy Act

o The Name of the Law and the Law’s Short or Common Name: Energy Policy Act of 2005 or EPA; has amended Energy Policy Act of 1995
o Description of the Events or Circumstances that Prompted the Development of the Law:
The circumstances that promoted the development of the law included recognizing the need for ensuring steady supply, efficiency in energy production, as well as in protection of the environment.
o Personal Explanation of the Law: The law encompasses various facets of energy production, including 12 crucial components and has been enacted to ensure elimination of wastes, minimization of costs, and prevention of generation of by-products that endanger the environment.
o The State of the Law Today: The law is still currently enforced.
o Discussion of Legal or Policy Debates about the Law: Some issues subject to legal or policy debates include dependence on foreign oil supply, continued use of fossil fuels, as well as impact on global warming and climate change .

Noise Control Act

o The Name of the Law and the Law’s Short or Common Name: Noise Control Act of 1972 or NCA; Noise Pollution and Abatement Act of 1972
o Description of the Events or Circumstances that Prompted the Development of the Law: The law was developed to protect the public from noise-related health concerns, especially in urban places
o Personal Explanation of the Law: The law aimed to promote guidelines to minimize health concerns ensuing from noise-related products. As such, the government was reported to publish noise emission standards, as well as recommended control measures for minimizing noise in products used by consumers.
o The State of the Law Today: The law is continuously being enforced until today but jurisdiction was noted to have been transferred to state and local governments
o Discussion of Legal or Policy Debates about the Law: Issues on defunding of one of EPA’s offices, specifically the Office of the Noise Abatement and Control .

Pollution Prevention Act

o The Name of the Law and the Law’s Short or Common Name: Pollution Prevention Act of 1990 or PPA
o Description of the Events or Circumstances that Prompted the Development of the Law: The law was enacted for the purpose of seeking the most viable solution to prevention of pollution through identifying root causes of the pollution (source reduction) given that millions of tons of pollutants cause the government to spend millions of dollars for prevention and control.
o Personal Explanation of the Law: The law was rationalized through acknowledging that rather than spending millions of dollars to address and control pollution, regulators should look into reducing the sources of pollution at grassroots level.
o The State of the Law Today: The law is still continued to be enforced and has been reported to be effective in achieving its goals.
o Discussion of Legal or Policy Debates about the Law: The current issue surrounding the law include incorporation of contemporary concerns such as thrusts for reducing greenhouse gas emissions, effective use of natural resources and hazardous materials, as well as being more cognizant of human activities contributing to global warming and climate change .

Water Quality Compliance

o The Name of the Law and the Law’s Short or Common Name: Clean Water Act or CWA; Federal Water Pollution Control Act Amendments of 1972;
o Description of the Events or Circumstances that Prompted the Development of the Law: Previous laws, specifically the Federal Water Pollution Control Act, were deemed insufficient to prevent and control pollutants to be disseminated in water sources. As such, the CWA was enacted for the purpose of monitoring and preventing organizations to discharge pollutants in navigable waters without seeking prior permits .
o Personal Explanation of the Law: The CWA was reported to have set quality standards for any potential contaminants that organizations could discharge in surface waters. As such, prior permits must be sought with approvals before potential sources of water and by-products could be emitted to navigable waters.
o The State of the Law Today: The law is currently being enforced and is reported to be effective in achieving identified purposes.
o Discussion of Legal or Policy Debates about the Law: The debatable issue was reported in terms of federal versus state jurisdiction over provisions of the CWA, especially in terms of classification of navigable waters .

Air Permit Requirements

o The Name of the Law and the Law’s Short or Common Name: Clean Air Act of 1990 or CAA; has amended Clean Air Act of 1963.
o Description of the Events or Circumstances that Prompted the Development of the Law:
The Clean Air Act required seeking operating permits for organizations prior to emitting pollutants in the earth’s atmosphere . The move is consistent with thrusts for environmental protection and conservation.
o Personal Explanation of the Law: The air permit requirements are needed to be secured by organizations where the normal course of operations include releasing potential pollutants in the air. The goal is to reduce air pollution and to impose stringent sanctions for violation of related laws.
o The State of the Law Today: The requirements are still being currently enforced and have been observed to be instrumental in keeping air pollution in restrained levels.
o Discussion of Legal or Policy Debates about the Law: One of relevant concerns was the timeliness of agencies’ ability to comply with issuing renewals of permits within stipulated time frames .

Underground Storage Tanks

o The Name of the Law and the Law’s Short or Common Name: The laws governing
underground storage tanks (UST) is the Solid Waste Disposal Act, as well as the Energy Policy

Act of 2005 .

o Description of the Events or Circumstances that Prompted the Development of the Law:

Regulations for UST were noted to be crucial in preventing and cleaning releases from USTs .

o Personal Explanation of the Law: Some materials or substances, such as petroleum or hazardous materials are contained in USTs. As such, any leakages from USTs pose significant health and environmental hazards to the local community where the USTs are located. As such, regulations include technical requirements, corrective action requirements, as well as approval requirements .
o The State of the Law Today: The regulations are currently enforced.
o Discussion of Legal or Policy Debates about the Law: The OSHA issued a Hazard Information Bulletin on USTs to govern actions of owners and service providers that could jeopardize and pose risks to workers .

Hazardous Waste Characterization and Disposal

o The Name of the Law and the Law’s Short or Common Name: 40 CFR 262.11 or Code of Federal Regulations pertinent to Hazardous Waste Determination .
o Description of the Events or Circumstances that Prompted the Development of the Law: The development of regulations and standards pertinent to hazardous waste ensued from the need to protect the environment. As such, the hazardous waste identification process is detailed and becomes the basis for characterization studies .
o Personal Explanation of the Law: Hazardous waste management requires scrutinizing
hazardous wastes according to pre-defined standards and processes. Upon confirmation, hazardous materials are to be disposed of according to prescribed guidelines and regulations.
o The State of the Law Today: Regulations pertinent to hazardous waste determination is still currently enforced towards management and disposal.
o Discussion of Legal or Policy Debates about the Law: Issues for comments were noted including distinguishing mandatory versus recommended elements, as well as distinguishing between generator and TSDF requirements .

Hazardous Material and Process Safety Management

o The Name of the Law and the Law’s Short or Common Name: 1910.119: Process safety management of highly hazardous chemicals .
o Description of the Events or Circumstances that Prompted the Development of the Law:
The OSHA explicitly stipulated the need for standards on hazardous materials to prevent and reduce propensities for catastrophes due accidental releases of hazardous materials which ensued from an accident at Phillips Petrochemical Plant .
o Personal Explanation of the Law: OSHA presented guidelines for organizations handling hazardous materials. The purpose is to issue guidelines to adhere to specified levels and prevent or avoid accidents from happening.
o The State of the Law Today: The standard is still currently being enforced.
o Discussion of Legal or Policy Debates about the Law: All stakeholders acknowledge the need for standards in establishing a process for safety management, especially in handling highly hazardous materials .

Energy Independence and Security Act

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

Security Act of 2007 or EISA; Advanced Geothermal Energy Research and Development Act of 2007

o Description of the Events or Circumstances that Prompted the Development of the Law:

The law was developed to ensure eventual sustainability in terms of energy source and requirements .

o Personal Explanation of the Law: As the term imply, the law clearly stipulated several aims in addressing energy requirements to sustain supply needs in the long run.
o The State of the Law Today: The law is currently being enforced in contemporary times.
o Discussion of Legal or Policy Debates about the Law: The law included policy issues pertaining to addressing the following concerns: expanding production of renewable fuels, minimizing dependence on oil products, as well as confronting challenges of global warming and climate change .

References

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EPA. (2013, March). Basic Information About The Underground Storage Tank Program. Retrieved from epa.gov: http://www.epa.gov/OUST/aboutust.htm
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