Environmental cleanup law

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Environmental cleanup laws govern the removal of pollution or contaminants from environmental media such as soil, sediment, surface water, or ground water. Unlike pollution control laws, cleanup laws are designed to respond after-the-fact to environmental contamination, and consequently must often define not only the necessary response actions, but also the parties who may be responsible for undertaking (or paying for) such actions. Regulatory requirements may include rules for emergency response, liability allocation, site assessment, remedial investigation, feasibility studies, remedial action, post-remedial monitoring, and site reuse.

Contents

Different laws may govern the cleanup or remediation of varying environmental media. Spill response or cleanup requirements may be enacted as stand-alone laws, or as parts of larger laws focused on a specific environmental medium or pollutant.

Resource Conservation and Recovery Act

Seal of the United States Environmental Protection Agency Seal of the United States Environmental Protection Agency.svg
Seal of the United States Environmental Protection Agency

The Resource Conservation and Recovery Act or RCRA is an act that gives the EPA the authority to regulate and control hazardous waste. This includes generation, transportation, treatment, storage, and disposal of hazardous waste. [1]

Waste Chemical Cleanup Enforcement

One of EPA's top priorities is to protect communities disproportionately affected by pollution through environmental justice work.

EPA and the states verify RCRA compliance through a compliance monitoring program which includes inspecting facilities, reviewing records and taking enforcement action when there are violations. [2]

Asbestos Hazard Emergency Response Act

This act is how the EPA handles asbestos that is discovered in schools as well as government employees who aren't protected under the Occupational Safety and Health Act. [2]

Toxic Substance Control Act

This act regulates chemical manufacturers and importers by requiring reporting, record keeping, and testing of the chemicals. [2]

Comprehensive Environmental Response, Compensation, and Liability Act

The Comprehensive Environmental Response, Compensation, and Liability Act or CERCLA is an act that provides a federal fund to help cleanup uncontrolled or abandoned hazardous waste sites. [3]

This includes any type of emergency release of contaminants into the environment. [3]

Emergency response and prevention

Environmental cleanup laws may contain requirements for identifying and responding to environmental emergencies. In such cases, laws may define when immediate response actions are required, or criteria by which a regulatory agency may make such a determination. [4] Immediate response actions may be required, for example, when a release of a pollutant into the environment poses an immediate threat to human health or ecological values. Events such as oil spills and large-scale chemical releases often trigger emergency response actions.

Environmental remediation

Environmental remediation is the process of physically removing, treating, or isolating pollutants in environmental media. Environmental cleanup laws may contain specific requisite remediation protocols, or may contain standards and processes by which a regulatory agency may determine an appropriate remedy.

Regional and International Agencies and Organizations

Environmental cleanup laws are enforced and implemented through a complex and interconnected network of regional and international agencies, organizations, and regulatory frameworks across the globe. This page will provide a comprehensive overview of the regional and international agencies, organizations, and regulatory frameworks that govern environmental cleanup laws, highlighting their roles, responsibilities, and collaborative efforts to protect the global environment.

North America

United States

The main federal agency responsible for addressing and administering environmental laws in the United States is the Environmental Protection Agency (EPA). In addition to responding to environmental crises, key responsibilities of the EPA include the administration of the Superfund program whose goal is managing solid and hazardous waste. [5] [6] The EPA also directs the Brownfields program to aid the redevelopment of contaminated properties and sites in the United States.

Logo of the Secretariat of Environment and Natural Resources SEMARNAT Guerrero.jpg
Logo of the Secretariat of Environment and Natural Resources

Mexico

The Secretariat of Environment and Natural Resources (SEMARNAT) is Mexico's primary federal environmental agency, similar to the EPA in the U.S. It is responsible for enforcing environmental laws and standards, including those related to air pollution, water pollution, and hazardous waste management. SEMARNAT regulates air pollution from both stationary and mobile sources, setting atmospheric air quality standards. [7] They enforce the General Law for Prevention and Comprehensive Waste Management, which includes regulations for the storage, transportation, and disposal of hazardous waste. SEMARNAT also implements strategies to address climate change, including the enforcement of the General Law on Climate Change. Sustainable development practices are championed and industrial establishments are required to report their greenhouse gas emissions annually.

Canada

The leading federal department in Canada responsible for addressing a wide range of environmental issues, policy development and the enforcement of rules and regulations (ECCC Mandate). The duties of the Ministers of Environment and Climate Change, in addition to the department, focuses on holistic nature between economic-well-being and environmental sustainability by educating Canadians on the natural environment and the threat of human pollution to it. [8] The department and its ministers implement their policies through programs and regulations such as: Pan-Canadian Framework on Clean Growth and Climate Change, Canadian Environmental Protection Act, 1999 (CEPA 1999), and the Federal Sustainable Development Act (PCFCGCC).

South and Latin America

Latin America Network for Environmental Enforcement and Compliance (REDLAFICA) is an organization created by Colombia, Chile, Ecuador, and Peru to improve international cooperation on environmental crises and cleanup with Latin America. Since its establishment in 2013, the organization has expanded and now contains South American countries including Argentina, Brazil, Bolivia, Paraguay, and Uruguay. [9] The recent addition of the Environmental Impact Assessment Systems Network (REDLASEIA) in 2021 combines official organizations from various South American countries, such as Argentina, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, and Uruguay. [10] Similar to the aim of RELAFICA, REDLASEIA aims to embolden regional cooperation on responding to environmental crises. [11]

Europe

Sign of European Union Limit sign European Union.png
Sign of European Union

European Union Level

Most European Union member states have their own environmental agencies that work in conjunction with EU-level organizations. These organizations include: Germany's Federal Environment Agency (Umweltbundesamt), [12] France's Ministry for the Ecological and Inclusive Transition, [13] Spain's Ministry for the Ecological Transition and the Demographic Challenge (MITECO), [14] and Italy's Ministry of the Environment and Energy Security. [15] Outside of European-Union member countries national organizations, the European Commission is leading the development and implementation of environmental crisis cleanups and policy creation. The Commission plans to restore 20% of all degraded ecosystems within the EU by 2030, and all of the ecosystems by 2050 (CSDDD). [16] In addition to the European Commission, the European Environment Agency (EEA) also provides oversight of environmental goals and provides independent information on ways they can be improved. [17]

Non European Union Member European Countries

International organizations, such as the United Nations Environment Programme (UNEP), are the main actors in initiating international cooperation between EU and non-EU members on environmental issues. UNEP works in tandem with national agencies to provide policy analysis and recommendations on environmental issues such as environmental protection and restoration. [18]

African Union

Flag of the African Union Flag of the African Union.svg
Flag of the African Union

The African Union (AU) plays a key role in environmental cleanup and management efforts across its 55 member states. From the AU, the Department of Agriculture, Rural Development, Blue Economy and Sustainable Environment (ARBE) is in charge of aiding member states to develop and implement Multilateral Environmental Agreements (MEAs). [19] In addition to the AU, UNEP is present within the region by supporting and promoting environmental cleanup laws and initiatives such as the Bamako Convention aimed at addressing hazardous waste within the region. [20] Each country in the region has its own national environmental protection agency or ministry which enforces environmental cleanup efforts. They frequently work in tandem with official organizations like the AU and UNEP as well as NGOs such as EcoPeace Middle East which also focus on environmental issues in North Africa. [21]

Asia

Within Asia, there are several sub-regional organizations involved in environmental management. Among the intergovernmental organizations spanning the region include the Association of Southeast Asian Nations (ASEAN), [22] South Asia Association for Regional Cooperation (SAARC), [23] South Asian Cooperative Environment Programme (SACEP), [24] and the Secretariat of the Pacific Regional Environment Programme (SPREP). [25] On the national scale, national environmental agencies are typically responsible for developing and enforcing environmental laws and cleanup efforts. These agencies coordinate with other regional and international organizations such as the United Nations Environment Programme (UNEP) which supports environmental dialogues and conferences within the region as well. [26]

Middle East

Among the government agencies, Abu Dhabi's Environmental Agency (EAD) is the largest regional agency responsible for regulating, maintaining, and improving the quality of air, groundwater, and biodiversity in the emirate. [27] The National Centre for Environment Compliance (NCEC) is in control of environmental permitting in Saudi Arabia. The Dubai Municipality Environmental Sustainability Department (DM-ESD) is committed to supporting  environmental sectors and the development of sustainable practices in Dubai through the implementation of environmental policies and technical guidelines. NGOs, such as EcoPeace Middle East,  have a significant role within the region as well with their continued focus on peacebuilding efforts aimed at promoting regional cooperation on environmental issues. [28]

Related Research Articles

<span class="mw-page-title-main">Environmental law</span> Branch of law concerning the natural environment

Environmental laws are laws that protect the environment. Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. This includes environmental regulations; laws governing management of natural resources, such as forests, minerals, or fisheries; and related topics such as environmental impact assessments. Environmental law is seen as the body of laws concerned with the protection of living things from the harm that human activity may immediately or eventually cause to them or their species, either directly or to the media and the habits on which they depend.

<span class="mw-page-title-main">Hazardous waste</span> Ignitable, reactive, corrosive and/or toxic unwanted or unusable materials

Hazardous waste is waste that must be handled properly to avoid damaging human health or the environment. Waste can be hazardous because it is toxic, reacts violently with other chemicals, or is corrosive, among other traits. As of 2022, humanity produces 300-500 million metric tons of hazardous waste annually. Some common examples are electronics, batteries, and paints. An important aspect of managing hazardous waste is safe disposal. Hazardous waste can be stored in hazardous waste landfills, burned, or recycled into something new. Managing hazardous waste is important to achieve worldwide sustainability. Hazardous waste is regulated on national scale by national governments as well as on an international scale by the United Nations (UN) and international treaties.

<span class="mw-page-title-main">United States Environmental Protection Agency</span> U.S. federal government agency

The Environmental Protection Agency (EPA) is an independent agency of the United States government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate.

<span class="mw-page-title-main">Industrial waste</span> Waste produced by industrial activity or manufacturing processes

Industrial waste is the waste produced by industrial activity which includes any material that is rendered useless during a manufacturing process such as that of factories, mills, and mining operations. Types of industrial waste include dirt and gravel, masonry and concrete, scrap metal, oil, solvents, chemicals, scrap lumber, even vegetable matter from restaurants. Industrial waste may be solid, semi-solid or liquid in form. It may be hazardous waste or non-hazardous waste. Industrial waste may pollute the nearby soil or adjacent water bodies, and can contaminate groundwater, lakes, streams, rivers or coastal waters. Industrial waste is often mixed into municipal waste, making accurate assessments difficult. An estimate for the US goes as high as 7.6 billion tons of industrial waste produced annually, as of 2017. Most countries have enacted legislation to deal with the problem of industrial waste, but strictness and compliance regimes vary. Enforcement is always an issue.

<span class="mw-page-title-main">Superfund</span> US federal program

Superfund is a United States federal environmental remediation program established by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The program is administered by the Environmental Protection Agency (EPA). The program is designed to investigate and clean up sites contaminated with hazardous substances. Sites managed under this program are referred to as Superfund sites. Of all the sites selected for possible action under this program, 1178 remain on the National Priorities List (NPL) that makes them eligible for cleanup under the Superfund program. Sites on the NPL are considered the most highly contaminated and undergo longer-term remedial investigation and remedial action (cleanups). The state of New Jersey, the fifth smallest state in the U.S., is the location of about ten percent of the priority Superfund sites, a disproportionate amount.

<span class="mw-page-title-main">Environmental protection</span> Practice of protecting the natural environment

Environmental protection, or environment protection, is the practice of protecting the natural environment by individuals, groups and governments. Its objectives are to conserve natural resources and the existing natural environment and, where it is possible, to repair damage and reverse trends.

<span class="mw-page-title-main">Resource Conservation and Recovery Act</span> Federal law in the United States

The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the primary federal law in the United States governing the disposal of solid waste and hazardous waste.

The Small Business Liability Relief and Brownfields Revitalization Act was signed into law by President George W. Bush on January 11, 2002. Brownfields are defined as, "A former industrial or commercial site where future use is affected by real or perceived environmental contamination." The Brownfields Law amended the Comprehensive Environmental Response, Compensation, and Liability Act by providing funds to assess and clean up brownfields, clarifying CERCLA liability protections, and providing funds to enhance state and tribal response programs. Other related laws and regulations impact brownfields cleanup and reuse through financial incentives and regulatory requirements.

<span class="mw-page-title-main">Polluter pays principle</span> Principle in environmental law

In environmental law, the polluter pays principle is enacted to make the party responsible for producing pollution responsible for paying for the damage done to the natural environment. This principle has also been used to put the costs of pollution prevention on the polluter. It is regarded as a regional custom because of the strong support it has received in most Organisation for Economic Co-operation and Development (OECD) and European Union countries, and has a strong scientific basis in economics. It is a fundamental principle in US environmental law.

<span class="mw-page-title-main">Environmental crime</span> Illegal act which directly harms the environment

Environmental crime is an illegal act which directly harms the environment. These illegal activities involve the environment, wildlife, biodiversity, and natural resources. International bodies such as, G7, Interpol, European Union, United Nations Environment Program, United Nations Interregional Crime and Justice Research Institute, have recognized the following environmental crimes:

<span class="mw-page-title-main">Texas Commission on Environmental Quality</span> Environmental agency of the state of Texas

The Texas Commission on Environmental Quality (TCEQ) is the environmental agency for the state of Texas. The commission's headquarters are located at 12100 Park 35 Circle in Austin. The fourth-largest environmental agency in the United States, it employs about 2,780 employees, has 16 regional offices, and has a $420 million operating budget for the 2016 fiscal year.

<span class="mw-page-title-main">Illinois Environmental Protection Agency</span> U.S. state government agency

The Illinois Environmental Protection Agency of the state of Illinois is the primary body concerned with the protection of the environment for the state. The Illinois EPA's mission is "to safeguard environmental quality, consistent with the social and economic needs of the State, so as to protect health, welfare, property and the quality of life."

The regulation of chemicals is the legislative intent of a variety of national laws or international initiatives such as agreements, strategies or conventions. These international initiatives define the policy of further regulations to be implemented locally as well as exposure or emission limits. Often, regulatory agencies oversee the enforcement of these laws.

<span class="mw-page-title-main">Office of Enforcement and Compliance Assurance</span> Law enforcement arm of the United States Environmental Protection Agency

The Office of Enforcement and Compliance Assurance (OECA) is the law enforcement arm of the United States Environmental Protection Agency (EPA). It is made up of attorneys, special agents, scientists and other employees.

<span class="mw-page-title-main">Water quality law</span>

Water quality laws govern the protection of water resources for human health and the environment. Water quality laws are legal standards or requirements governing water quality, that is, the concentrations of water pollutants in some regulated volume of water. Such standards are generally expressed as levels of a specific water pollutants that are deemed acceptable in the water volume, and are generally designed relative to the water's intended use - whether for human consumption, industrial or domestic use, recreation, or as aquatic habitat. Additionally, these laws provide regulations on the alteration of the chemical, physical, radiological, and biological characteristics of water resources. Regulatory efforts may include identifying and categorizing water pollutants, dictating acceptable pollutant concentrations in water resources, and limiting pollutant discharges from effluent sources. Regulatory areas include sewage treatment and disposal, industrial and agricultural waste water management, and control of surface runoff from construction sites and urban environments. Water quality laws provides the foundation for regulations in water standards, monitoring, required inspections and permits, and enforcement. These laws may be modified to meet current needs and priorities.

<span class="mw-page-title-main">Waste management law</span> Area of law regarding waste

Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.

The Ohio Environmental Protection Agency is the administrative department of the Ohio state government responsible for protecting the environment and public health by ensuring compliance with environmental laws. Those laws and related rules outline Ohio EPA's authority and what things the Agency can consider when making decisions about regulated activities.

Brownfields are defined by the Environmental Protection Agency (EPA) as properties that are complicated by the potential presence of pollutants or otherwise hazardous substances. The pollutants such as heavy metals, polychlorinated biphenyls (PCB), poly- and per-fluoroalkyl substances (PFAS), and volatile organic compounds (VOCs) contaminating these sites are typically due to commercial or industrial work that was previously done on the land. This includes locations such as abandoned gas stations, laundromats, factories, and mills. By a process called land revitalization, these once polluted sites can be remediated into locations that can be utilized by the public.

<span class="mw-page-title-main">Exemptions for fracking under United States federal law</span>

There are many exemptions for fracking under United States federal law: the oil and gas industries are exempt or excluded from certain sections of a number of the major federal environmental laws. These laws range from protecting clean water and air, to preventing the release of toxic substances and chemicals into the environment: the Clean Air Act, Clean Water Act, Safe Drinking Water Act, National Environmental Policy Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund.

Sustainable Materials Management is a systemic approach to using and reusing materials more productively over their entire lifecycles. It represents a change in how a society thinks about the use of natural resources and environmental protection. By looking at a product's entire lifecycle new opportunities can be found to reduce environmental impacts, conserve resources, and reduce costs.

References

Notes

  1. US EPA, OP (Feb 22, 2013). "Summary of the Resource Conservation and Recovery Act". www.epa.gov.
  2. 1 2 3 US EPA, OECA (Jun 4, 2013). "Waste, Chemical, and Cleanup Enforcement". www.epa.gov.
  3. 1 2 US EPA, OP (Feb 22, 2013). "Summary of the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund)". www.epa.gov.
  4. See, e.g., US EPA materials on Imminent and Substantial Endangerment under the Resource Conservation and Recovery Act and CERCLA.
  5. US EPA, OLEM (2013-02-04). "Cleanup Laws, Regulations and Guidance". www.epa.gov. Retrieved 2024-12-04.
  6. US EPA, OP (2013-02-22). "Summary of the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund)". www.epa.gov. Retrieved 2024-12-04.
  7. "Secretaría de Medio Ambiente y Recursos Naturales | Gobierno | gob.mx". www.gob.mx. Retrieved 2024-12-04.
  8. Canada, Environment and Climate Change (2017-12-01). "Pan-Canadian Framework on Clean Growth and Climate Change". www.canada.ca. Retrieved 2024-12-04.
  9. "Red Latinoamericana de Fiscalización y Cumplimiento Ambiental". www.redlafica.org. Retrieved 2024-12-03.
  10. Caribe, Comisión Económica para América Latina y el. "REDLASEIA". www.cepal.org (in Spanish). Retrieved 2024-12-03.
  11. US EPA, OITA (2014-02-24). "EPA Efforts in Latin America and the Caribbean". www.epa.gov. Retrieved 2024-12-03.
  12. Umweltbundesamt (2024-05-14). "Umweltbundesamt". Umweltbundesamt (in German). Retrieved 2024-12-03.
  13. "Accueil | Ministère du Partenariat avec les territoires et de la Décentralisation Ministère de la Transition écologique, de l'Énergie, du Climat et de la Prévention des risques Ministère du Logement et de la Rénovation urbaine". www.ecologie.gouv.fr (in French). Retrieved 2024-12-03.
  14. "Ministerio para la Transición Ecológica y el Reto Demográfico". Ministerio para la Transición Ecológica y el Reto Demográfico. Retrieved 2024-12-03.
  15. "Promoting sustainability in Italy | Ministero dell'Ambiente e della Sicurezza Energetica". www.mase.gov.it. Retrieved 2024-12-03.
  16. "The Corporate Sustainability Due Diligence Directive (CSDDD) - Directive (EU) 2024/1760". www.corporate-sustainability-due-diligence-directive.com. Retrieved 2024-12-03.
  17. "European Environment Agency's home page". www.eea.europa.eu. Retrieved 2024-12-03.
  18. Environment, U. N. (2023-10-06). "Environment under Review | UNEP - UN Environment Programme". www.unep.org. Retrieved 2024-12-03.
  19. "Agriculture, Rural Development, Blue Economy and Sustainable Environment (ARBE) | African Union". au.int. Retrieved 2024-12-03.
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  21. "Regional Forum - Public". EcoPeace Middle East. Retrieved 2024-12-03.
  22. "You are being redirected..." asean.org. Retrieved 2024-12-03.
  23. "SAARC Secretariat". www.saarc-sec.org. 2024-12-02. Retrieved 2024-12-03.
  24. "SACEP | About Us". www.sacep.org. Retrieved 2024-12-03.
  25. "Home | Pacific Environment". www.sprep.org. Retrieved 2024-12-03.
  26. Environment, U. N. "UNEP - UN Environment Programme". www.unep.org. Retrieved 2024-12-03.
  27. "Environment Agency – Abu Dhabi". EAD. Retrieved 2024-12-03.
  28. "Home". EcoPeace Middle East. Retrieved 2024-12-03.