Regulation and monitoring of pollution

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To protect the environment from the adverse effects of pollution, many nations worldwide have enacted legislation to regulate various types of pollution as well as to mitigate the adverse effects of pollution. At the local level, regulation usually is supervised by environmental agencies or the broader public health system. Different jurisdictions often have different levels regulation and policy choices about pollution. Historically, polluters will lobby governments in less economically developed areas or countries to maintain lax regulation in order to protect industrialisation at the cost of human and environmental health.[ citation needed ]

Contents

The modern environmental regulatory environment has its origins in the United States with the beginning of industrial regulations around Air and Water pollution connected to industry and mining during the 1960s and 1970s. [1]

Because many of pollutants have trans-boundary impacts, the UN and other treaty bodies have been used to regulate pollutants that circulate as air pollution, water pollution or trade in wastes. Early international agreements were successful at addressing Global Environmental issues, such as Montreal Protocol, which banned Ozone depleting chemicals in 1987, with more recent agreements focusing on broader, more widely dispersed chemicals such as persistent organic pollutants in the Stockholm Convention on Persistent Organic Pollutants created in 2001, such as PCBs, and the Kyoto Protocol in 1997 which initiated collaboration on addressing greenhouse gases to mitigate climate change.

Regulation and monitoring by region

International

Since pollution crosses political boundaries international treaties have been made through the United Nations and its agencies to address international pollution issues.

Greenhouse gas emissions

The Kyoto Protocol [2] is an amendment to the United Nations Framework Convention on Climate Change (UNFCCC), an international treaty on global warming. It also reaffirms sections of the UNFCCC. Countries which ratify this protocol commit to reduce their emissions of carbon dioxide and five other greenhouse gases, or engage in emissions trading if they maintain or increase emissions of these gases. [2] A total of 141 countries have ratified the agreement. Notable exceptions include the United States and Australia, who have signed but not ratified the agreement. The stated reason for the United States not ratifying is the exemption of large emitters of greenhouse gases who are also developing countries, like China and India. [3]

An UN environmental conference held in Bali 3–14 December 2007 with the participation from 180 countries aims to replace the Kyoto Protocol, which will end in 2012. During the first day of the conference United States, Saudi Arabia and Canada were presented with the "Fossil-of-the-day-award", a symbolic bag of coal for their negative impact on the global climate. The bags included the flags of the respective countries. [4]

Toxic wastes

Canada

In Canada the regulation of pollution and its effects are monitored by a number of organizations depending on the nature of the pollution and its location. The three levels of government (Federal – Canada Wide; Provincial; and Municipal) equally share in the responsibilities, and in the monitoring and correction of pollution.

China

China's rapid industrialization has substantially increased pollution. China has some relevant regulations: the 1979 Environmental Protection Law, which was largely modeled on U.S. legislation, but the environment continues to deteriorate. [5] Twelve years after the law, only one Chinese city was making an effort to clean up its water discharges. [6] This indicates that China is about 30 years behind the U.S. schedule of environmental regulation and 10 to 20 years behind Europe. In July 2007, it was reported that the World Bank reluctantly censored a report revealing that 750,000 people in China die every year as a result of pollution-related diseases. China's State Environment Protection Agency and the Health Ministry asked the World Bank to cut the calculations of premature deaths from the report fearing the revelation would provoke "social unrest". [7]

Europe

The basic European rules are included in the Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (IPPC) [8] and the National Emission Ceilings Directive.

United Kingdom

In the 1840s, the United Kingdom brought onto the statute books legislation to control water pollution and was strengthened in 1876 in the Rivers Pollution Prevention Act [9] and was subsequently extended to all freshwaters in the Rivers (Prevention of Pollution) Act 1951 and applied to coastal waters by the Rivers (Prevention of Pollution) Act 1961 [9] [10]

The Environmental Protection Act of 1990 established the system of Integrated Pollution Control(IPC). Currently[ when? ] the clean up of historic contamination is controlled under a specific statutory scheme found in Part IIA of the Environmental Protection Act 1996 (Part IIA), as inserted by the Environment Act 1995, and other ‘rules’ found in regulations and statutory guidance. The Act came into force in England in April 2000.

Within the current[ when? ] regulatory framework, Pollution Prevention and Control (PPC) is a regime for controlling pollution from certain designated industrial activities. The regime introduces the concept of Best Available Techniques (BAT) to environmental regulations. Operators must use the BAT to control pollution from their industrial activities to prevent, and where that is not practicable, to reduce to acceptable levels, pollution to air, land and water from industrial activities. The Best Available Techniques also aim to balance the cost to the operator against benefits to the environment.

The system of Pollution Prevention and Control is replacing that of IPC and has been taking effect between 2000 and 2007. The Pollution Prevention and Control regime implements the European Directive (EC/96/61) on integrated pollution prevention and control.

United States

This section is an excerpt from Pollution prevention in the US.[ edit ]
Pollution prevention (P2) is a strategy for reducing the amount of waste created and released into the environment, particularly by industrial facilities, agriculture, or consumers. Many large corporations view P2 as a method of improving the efficiency and profitability of production processes through waste reduction and technology advancements. [11] Legislative bodies have enacted P2 measures, such as the Pollution Prevention Act of 1990 and the Clean Air Act Amendments of 1990 in the United States Congress. [12]
A polluted ditch along Interstate 25 between Colorado Springs and Pueblo, Colorado. Polluted Ditch by David Shankbone.jpg
A polluted ditch along Interstate 25 between Colorado Springs and Pueblo, Colorado.

Air pollution

The United States Congress passed the Clean Air Act in 1963 to legislate the reduction of smog and atmospheric pollution in general. That legislation has subsequently been amended and extended in 1966, 1970, 1977 and 1990. In 1968 AP 42 Compilation of Air Pollutant Emission Factors. Numerous state and local governments have enacted similar legislation either implementing or filling in locally important gaps in the national program. The national Clean Air Act and similar state legislative acts have led to the widespread use of atmospheric dispersion modeling [13] in order to analyze the air quality impacts of proposed major actions. With the 1990 Clean Air Act, the United States Environmental Protection Agency (EPA) began a controversial carbon trading system in which tradable rights to emit a specified level of carbon are granted to polluters.[ citation needed ]

Water pollution

Ambient water sample collection on a lake in Nashville, Tennessee Nashville teachers graduate STEM curriculum with Corps externships (9203468499).jpg
Ambient water sample collection on a lake in Nashville, Tennessee

Enactment of the 1972 Clean Water Act (CWA) required thousands of facilities to obtain permits for discharges to navigable waters, through the National Pollutant Discharge Elimination System (NPDES). It also required EPA to establish national technology-based discharge standards for municipal sewage treatment plants, and for many industrial categories (the latter are called "effluent guidelines.") [14]

Municipal and industrial permittees are required to regularly collect and analyze wastewater samples, and submit Discharge Monitoring Reports to a state agency or EPA. [15] Amendments in 1977 required stricter regulation of toxic pollutants. [16] In 1987 Congress expanded NPDES permit coverage to include municipal and industrial stormwater discharges. [17]

The Act also requires use of best management practices for a wide range of other water discharges including nonpoint source pollution. [18]

Thermal pollution discharges are regulated under section 316(a) of the CWA. [19] NPDES permits include effluent limitations on water temperature to protect the biotic life supported by a water body. A permittee may request a variance to the typical thermal limitations. Alternate limitations may be issued in limited circumstances, if the permittee has provided sufficient proof through data submission that aquatic life in the water body will be protected. [20]

In addition to wastewater discharge monitoring, EPA works with federal, state and local environmental agencies to conduct ambient water monitoring programs in water bodies nationwide. [21] The CWA requires EPA and the states to prepare reports to Congress on the condition of the nation's waters. [22] Ambient water quality data collected by EPA, the US Geological Survey and other organizations are available to the public in several online databases. [23]

Land pollution

Congress passed the Resource Conservation and Recovery Act (RCRA) in 1976, which created a regulatory framework for both municipal solid waste and hazardous waste disposed on land. [24] RCRA requires that all hazardous wastes be managed and tracked from generation of the waste, through transport and processing, to final disposal, by means of a nationwide permit system. The Hazardous and Solid Waste Amendments of 1984 mandated regulation of underground storage tanks containing petroleum and hazardous chemicals, and the phasing out of land disposal of hazardous waste. [25] The Federal Facilities Compliance Act, passed in 1992, clarified RCRA coverage of federally owned properties such as military bases. Illegal disposal of waste is punishable by fines of up to $25,000 per occurrence. [26]

Alongside municipal and hazardous waste the EPA is in charge of soil conservation. The EPA, often with the help of state partners, manages soil contamination through contaminant sites and facilities. An annual report on the Environment and a Toxics Release Inventory is produced as a result of these efforts.

To specifically mitigate soil pollution from fertilizers, the USDA, National Resources Conservation Service (NRCS), National Institutue of Food and Agriculture (NIFA), and Agricultural Research Service (ARS) monitor soil resources and provide guidelines to prevent nutrient loss. [27]

Noise pollution

Passage of the Noise Control Act in 1972 established mechanisms of setting emission standards for virtually every source of noise including motor vehicles, aircraft, certain types of HVAC equipment and major appliances. It also put local government on notice as to their responsibilities in land use planning to address noise mitigation. This noise regulation framework comprised a broad data base detailing the extent of noise health effects. Congress ended funding of the federal noise control program in 1981, which curtailed development of further national regulations. [28]

Light pollution

Light Pollution in the United States is not federally regulated. The Environmental Protection Agency (EPA), in charge of most environmental regulations, does not manage light pollution. [29]

18 states and one territory have implemented laws that regulate light pollution to some extent. State legislation includes restrictions on hardware, protective equipment, and net light pollution ratings. Such legislation has been coined "Dark Skies" Legislation. [30]

States have implemented light pollution regulation for many factors including; public safety, energy conservation, improved astronomy research, and reduced environmental effects. [29]

State programs

The state of California Office of Environmental Health Hazard Assessment (OEHHA) has maintained an independent list of substances with product labeling requirements as part of Proposition 65 since 1986.

Research

The Toxicology and Environmental Health Information Program (TEHIP) [31] at the United States National Library of Medicine (NLM) maintains a comprehensive toxicology and environmental health web site that includes access to resources produced by TEHIP and by other government agencies and organizations. This web site includes links to databases, bibliographies, tutorials, and other scientific and consumer-oriented resources. TEHIP also is responsible for the Toxicology Data Network (TOXNET) [32] an integrated system of toxicology and environmental health databases that are available free of charge on the web.

TOXMAP is a Geographic Information System (GIS) that is part of TOXNET. TOXMAP uses maps of the United States to help users visually explore data from the United States Environmental Protection Agency's (EPA) Toxics Release Inventory and Superfund Basic Research Programs.

See also

Related Research Articles

<span class="mw-page-title-main">Pollutant</span> Substance or energy damaging to the environment

A pollutant or novel entity is a substance or energy introduced into the environment that has undesired effects, or adversely affects the usefulness of a resource. These can be both naturally forming or anthropogenic in origin. Pollutants result in environmental pollution or become public health concerns when they reach a concentration high enough to have significant negative impacts.

<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">Resource Conservation and Recovery Act</span>

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

<span class="mw-page-title-main">Clean Water Act</span> 1972 U.S. federal law regulating water pollution

The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment; and maintaining the integrity of wetlands.

New Source Performance Standards (NSPS) are pollution control standards issued by the United States Environmental Protection Agency (EPA). The term is used in the Clean Air Act Extension of 1970 (CAA) to refer to air pollution emission standards, and in the Clean Water Act (CWA) referring to standards for water pollution discharges of industrial wastewater to surface waters.

Effluent Guidelines are U.S. national standards for wastewater discharges to surface waters and publicly owned treatment works (POTW). The United States Environmental Protection Agency (EPA) issues Effluent Guideline regulations for categories of industrial sources of water pollution under Title III of the Clean Water Act (CWA). The standards are technology-based, i.e. they are based on the performance of treatment and control technologies. Effluent Guidelines are not based on risk or impacts of pollutants upon receiving waters.

<span class="mw-page-title-main">Refuse Act</span> United States federal statute

The Refuse Act is a United States federal statute governing use of waterways. The Act, a section of the Rivers and Harbors Act of 1899, prohibited "dumping of refuse" into navigable waters, except by permit.

<span class="mw-page-title-main">Illinois Environmental Protection Agency</span>

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."

Title 40 is a part of the United States Code of Federal Regulations. Title 40 arranges mainly environmental regulations that were promulgated by the US Environmental Protection Agency (EPA), based on the provisions of United States laws. Parts of the regulation may be updated annually on July 1.

<span class="mw-page-title-main">Cruise ship pollution in the United States</span> Pollution of cruise ships in the United States

Cruise ships carrying several thousand passengers and crew have been compared to “floating cities,” and the volume of wastes that they produce is comparably large, consisting of sewage; wastewater from sinks, showers, and galleys (graywater); hazardous wastes; solid waste; oily bilge water; ballast water; and air pollution. The waste streams generated by cruise ships are governed by a number of international protocols and U.S. domestic laws, regulations, and standards, but there is no single law or rule. Some cruise ship waste streams appear to be well regulated, such as solid wastes and bilge water. But there is overlap of some areas, and there are gaps in others.

<span class="mw-page-title-main">Regulation of ship pollution in the United States</span>

In the United States, several federal agencies and laws have some jurisdiction over pollution from ships in U.S. waters. States and local government agencies also have responsibilities for ship-related pollution in some situations.

A Discharge Monitoring Report (DMR) is a United States regulatory term for a periodic water pollution report prepared by industries, municipalities and other facilities discharging to surface waters. The facilities collect wastewater samples, conduct chemical and/or biological tests of the samples, and submit reports to a state agency or the United States Environmental Protection Agency (EPA). All point source dischargers to ”Waters of the U.S.” must obtain a National Pollution Discharge Elimination System (NPDES) permit from the appropriate agency, and many permittees are required to file DMRs.

<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">Water pollution in the United States</span> Overview of water pollution in the United States of America

Water pollution in the United States is a growing problem that became critical in the 19th century with the development of mechanized agriculture, mining, and industry, although laws and regulations introduced in the late 20th century have improved water quality in many water bodies. Extensive industrialization and rapid urban growth exacerbated water pollution as a lack of regulation allowed for discharges of sewage, toxic chemicals, nutrients and other pollutants into surface water.

<span class="mw-page-title-main">Mercury regulation in the United States</span>

Mercury regulation in the United States limit the maximum concentrations of mercury (Hg) that is permitted in air, water, soil, food and drugs. The regulations are promulgated by agencies such as the Environmental Protection Agency (EPA) and Food and Drug Administration (FDA), as well as a variety of state and local authorities. EPA published the Mercury and Air Toxics Standards (MATS) regulation in 2012; the first federal standards requiring power plants to limit emissions of mercury and other toxic gases.

<span class="mw-page-title-main">United States regulation of point source water pollution</span> Overview of the regulation of point source water pollution in the United States of America

Point source water pollution comes from discrete conveyances and alters the chemical, biological, and physical characteristics of water. In the United States, it is largely regulated by the Clean Water Act (CWA). Among other things, the Act requires dischargers to obtain a National Pollutant Discharge Elimination System (NPDES) permit to legally discharge pollutants into a water body. However, point source pollution remains an issue in some water bodies, due to some limitations of the Act. Consequently, other regulatory approaches have emerged, such as water quality trading and voluntary community-level efforts.

<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.

Water in Arkansas is an important issue encompassing the conservation, protection, management, distribution and use of the water resource in the state. Arkansas contains a mixture of groundwater and surface water, with a variety of state and federal agencies responsible for the regulation of the water resource. In accordance with agency rules, state, and federal law, the state's water treatment facilities utilize engineering, chemistry, science and technology to treat raw water from the environment to potable water standards and distribute it through water mains to homes, farms, business and industrial customers. Following use, wastewater is collected in collection and conveyance systems, decentralized sewer systems or septic tanks and treated in accordance with regulations at publicly owned treatment works (POTWs) before being discharged to the environment.

Industrial stormwater is runoff from precipitation that lands on industrial sites. This runoff is often polluted by materials that are handled or stored on the sites, and the facilities are subject to regulations to control the discharges.

References

  1. ↑ Oppenheimer, Michael (2003-10-01). "Atmospheric Pollution: History, Science, and Regulation". Physics Today. 56 (10): 65–66. doi:10.1063/1.1629008. ISSN   0031-9228.
  2. 1 2 Kyoto Protocol To The United Nations Framework Convention on Climate Change
  3. ↑ "President Bush Discusses Global Climate Change" (Transcription of speech). 2001-06-11. Retrieved 2006-04-09.
  4. ↑ Fossil-of-the-Day Awards at UN Climate Change Negotiations
  5. ↑ Ma, Xiaoying & Ortalano, Leonard (2000). Environmental Regulation in China: institutions, enforcement and compliance. Rowman & Littlefield. ISBN   0-8476-9398-8.
  6. ↑ Sinkule, Barbara J. & Ortolana, Leonard (1995). Implementing Environmental Policy in China . Praeger Publishers. ISBN   0-275-94980-X.
  7. ↑ Mary-Anne Toy,China covers up pollution deaths The Age Company (Australia), July 5, 2007, retrieved 13 July 2018
  8. ↑ "EUR-Lex - 32008L0001 - EN - EUR-Lex".
  9. 1 2 "RIVERS (PREVENTION OF POLLUTION) BILL". Hansard. July 1961. Retrieved 4 September 2020.
  10. ↑ "Rivers (Prevention of Pollution) Act 196". HM Government. 27 July 1961.
  11. ↑ Cagno, Enrico; Trucco, Paolo; Tardini, Lorenzo (2005-05-01). "Cleaner production and profitability: analysis of 134 industrial pollution prevention (P2) project reports". Journal of Cleaner Production. 13 (6): 593–605. doi:10.1016/j.jclepro.2003.12.025. ISSN   0959-6526.
  12. ↑ Freeman, Harry; Harten, Teresa; Springer, Johnny; Randall, Paul; Curran, Mary Ann; Stone, Kenneth (1992). "Industrial Pollution Prevention! A Critical Review". Journal of the Air & Waste Management Association. 42 (5): 618–656. CiteSeerX   10.1.1.399.695 . doi:10.1080/10473289.1992.10467016. ISSN   1047-3289.
  13. ↑ Beychok, Milton R. (2005). Fundamentals of Stack Gas Dispersion (4th ed.). author-published. ISBN   0-9644588-0-2. www.air-dispersion.com
  14. ↑ United States. Federal Water Pollution Control Amendments of 1972, Pub. L. Tooltip Public Law (United States)  92–500, 33 U.S.C.   § 1251 et seq. October 18, 1972.
  15. ↑ U.S. Environmental Protection Agency (EPA) (2010). NPDES Permit Writers' Manual (Report). pp. 8–14. EPA 833-K-10-001.
  16. ↑ U.S. Clean Water Act of 1977, Pub. L. Tooltip Public Law (United States)  95–217, December 27, 1977. "Toxic Pollutants." Section 53. 33 U.S.C.   § 1317
  17. ↑ U.S. Water Quality Act of 1987, Pub. L. Tooltip Public Law (United States)  100–4, February 4, 1987. "Section 405. Municipal and Industrial Stormwater Discharges." 33 U.S.C.   § 1342(p)
  18. ↑ U.S. Clean Water Act. "Section 319. Nonpoint source management programs." 33 U.S.C.   § 1329. "Section 404. Permits for dredged or fill material." 33 U.S.C.   § 1344
  19. ↑ U.S. Clean Water Act. "Section 316. Thermal discharges." 33 U.S.C.   § 1326(a)
  20. ↑ Hanlon, James A. (28 October 2008). "Implementation of Clean Water Act Section 316(a) Thermal Variances in NPDES Permits (Review of Existing Requirements)" (PDF). EPA. Memorandum to EPA Regional Water Division Directors.
  21. ↑ "Ambient Water Monitoring and Assessment: Resources and Tools". EPA. 2023-01-25.
  22. ↑ "National Water Quality Inventory Report to Congress". EPA. 2022-12-07.
  23. ↑ "Water Quality Data Download". EPA. 2022-07-14.
  24. ↑ U.S. Resource Conservation and Recovery Act. Pub. L. Tooltip Public Law (United States)  94–580, 42 U.S.C.   § 6901 et seq. October 21, 1976.
  25. ↑ U.S. Hazardous and Solid Waste Amendments of 1984, Pub. L. Tooltip Public Law (United States)  98–616, November 8, 1984.
  26. ↑ "Chapter I. Introduction to RCRA". Resource Conservation and Recovery Act Orientation Manual (Report). EPA. 2014. EPA 530-F-11-003.
  27. ↑ "Sources of soil pollution in North America". www.fao.org. Retrieved 2021-11-23.
  28. ↑ "Title IV - Noise Pollution". Clean Air Act Overview. EPA. 2016.
  29. 1 2 "States Shut Out Light Pollution". www.ncsl.org. Retrieved 2021-11-23.
  30. ↑ "International Dark Sky Association". International Dark-Sky Association. Retrieved 2021-11-23.
  31. ↑ "SIS.nlm.nih.gov". SIS.nlm.nih.gov. 2010-08-12. Archived from the original on 2018-09-01. Retrieved 2010-08-26.
  32. ↑ "Toxnet.nlm.nih.gov". Toxnet.nlm.nih.gov. Retrieved 2010-08-26.
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