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EPA Administrator List

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William Ruckelshaus (1970-1973) Douglas Costle (1977-1981) Anne Gorsuch (1981-1983) Christine Todd Whitman (2001-2003) Lisa Jackson (2009-2012) Gina McCarthy (2013-Present)

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Christine Todd Whitman

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-Dealt with the EPA's letter to Yellowstone National Park from Denver sector about he use of snowmobiles -Denver federal district court rejected limit of 318 snowmobiles and wanted 750 put back into place -Exemplifies the problems that can result form policy making about the environment

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Sources of Environmental Policy Making

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-President -Congress -Bureaucracies -Courts

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President

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-Can suspend past regulations and rules enacted by previous presidents -Wields vast constitutional authority and powerful leverage over public opinion -Limited by the public demand and present situations (e.g. BP oil spill or public protests) -Cannot always command ends even when they control the means for policy leadership

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Council on Environmental Quality (CEQ)

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-Gather information for the president in a timely and orderly fashion in the quality of the environment -Develop and recommend national policies regarding the environment to the President

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Congress

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-Power of the Purse -Voice of the People -Ultimately disposes even though President proposes -Tactic: Can word bills vaguely so bills don't get passed -Limited by Elections, Localism, Partisan Polarization and Political Stalemate, Guidance (how much they actually know about the subject they vote on)

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Bureaucracies

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-Have capability to fine tune laws and have more expertise -Can present to Congress what they need -Can bend the meaning of laws -DOE, EPA, DOI, NRC, etc. -Must work with the laws passed -Fragmented administrative authority with overlapping responsibility for environmental policy among federal agencies

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Environmental Protection Agency (EPA)

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-Created by Nixon in 1970 -Needs clear priorities and a constant course -Responsibilities: air, water, hazardous waste, chemical regulation

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Department of the Interior (DOI)

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-Protection and management of land used for national parks -Conservation and management of wetlands and estuarine areas, and Native Americans land -Management and conservation of most federal land and natural resources

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Department of Energy (DOE)

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-Promotion of civilian nuclear power activities -Regulation of military nuclear facilities and radioactive wastes -Develops and administers energy related research

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The Courts

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-Laws can be stalled in Court -Last stand sort of for EPA because the agency gets sued quite often -Limited since they only overlook laws, they don't write them or make them

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John Dingell vs. Henry Waxman (1987)

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-John Dingell (MI) vs. Henry Waxman (CA) -Fighting over the automobile industry -Waxman beat out Dingell -Set up stronger auto emissions standards

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Robert Byrd vs. George Mitchell (1989)

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-George Mitchell (ME) vs. Robert Byrd (WV) -Mitchell took over Byrd's Senate Majority Leader position -Helped in the creation of acid rain control -Worked toward the CAAA 1990 to create a cap and trade program for SO2 and NOx -"NE effect feelers and Midwest polluters"

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Change Catalysts

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Ralph Nader Lake Erie proposed "dead" - declared that it cannot harbor life any longer Cuyahoga River - was aflame and set on fire every now and again Rachel Carson - "Silent Spring;" effects of continued DDT use on communities Earth Day Santa Barbara Oil Spill - lost 3 million gallons in 1969 (Deepwater horizon spill = 210 million)

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Edward Muskie

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-With Ralph Nader's help, he made reduced emission standards for cars and the automobile industry -Implemented through the CAA of 1970

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Clean Air Act of 1963

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Gave state funding to combat pollution

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Clean Air Act of 1970

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-Signed by President Nixon -Implemented by William Ruckelshaus with the creation of the EPA (also in this bill) -Emissions controls were set up for cars, buses, etc. -Air pollution was dealt with by the states themselves (Federalism; can vary state to state) -Created the NAAQS

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Clean Air Act of 1977

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-Attainment and Non-Attainment Zones were created -If not met, the zones were given more time to meet the emissions standards but the sanctions were higher and more strict -Also dealt with the maintenance of the NAAQS

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Clean Air Act Amendmends of 1990

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-Established the Cap and Trade Program for Sulfur Dioxide and Nitrogen Oxides -Done with the help of George Mitchell who wanted to reduce the Acid Rain that existed in Maine

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Clean Air Interstate Rule (CAIR)

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Cap and trade program designed to reduce emissions of SO2 and NOx -CAIR NOx ozone season trading program -CAIR NOx annual trading program [NOx Budget Trading Program = NBP] -CAIR SO2 annual trading program -SO2 cap at 8.95 million tons but emitting 4.6 million tons as of 2011 -NOx cap at ? but emitting 1.7 million tons as of 2011 Phase I: issued permits for SO2 emission to various different coal fired utility plants Phase II: tightened emission limits on large plants regulated in Phase I and set restrictions on smaller coal, gas and oil plants

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Acid Rain Program (ARP)

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-Cap and trade program made to reduce SO2 and NOx emissions -Reduction in ozone and fine particles (PM) formation resulting from implementation in CAIR -Provides health benefits, better visibility and improvements in aquatic ecosystems

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William Ruckelshaus

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-First EPA administrator under President Nixon -Helped implement CAA of 1970

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Douglas Costle

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EPA Administrator for CAA of 1977 under President Jimmy Carter -Attainment and Non-Attainment Zones -NAAQS

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Anne Gorsuch (Anne Burford)

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EPA administrator under President Reagan [Reagan faced high unemployment, interest rates and inflation. Needed to deregulate business and industries. Led to corruption of Anne Gorsuch.] -"Ice Queen" -Forced to resign because of scandals -Cut EPA budget and loosened regulation to help businesses

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Cross State Air Pollution Rule (CSAPR)

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-Made in 2011 -Made to reduce NOx and SO2 emissions that crossed state lines -Requires EPA and states to address interstate air pollution that affects downwind states ability to attain and maintain NAAQS -Reduce Ozone and PM levels by reducing emissions from power plants

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Sulfur Dioxide

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-From fossil fuel combustion at power plants -Precursor to Particulate Matter (PM)

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Nitric Oxides

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-From motor vehicles, agriculture, etc. -Precursor to Particulate Matter (PM) and Ozone Eutrophication: -Nitrogen deposition -A process where water bodies receive excess nutrients that stimulate excessive plant growth

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Acid Deposition

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-SO2 and NOx react in atmosphere with water, oxygen and other chemicals to form various acidic compounds -Wet deposition: coming down in the form of precipitation -Dry deposition: pollutants falling to the ground (e.g. like dust particles)

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Ozone

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=NOx + Volatile Organic Compounds (VOCs) + sunlight + heat -Major sources of NOx and VOCs are motor vehicles, industrial facilities, solvents and electric power plants -Ozone standard = 0.0075 ppm -Ozone concentrations increase during the daylight hours

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Particulate Matter (PM)

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-Complex mixture of extremely small particles and liquid droplets -Can form when gases emitted from power plants, industrial sources, automobiles and other sources react in the air -EPA Standard = 12 micrograms per cubic meter (ug/m^3)

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Direct Regulation in Environmental Policy using Economic Analysis: Possible Reforms

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-Command and Control -Trade-able Discharge Permits (Cap and Trade) -Bubble Concept -Pollution Control "Offset" -Deposit Refund System

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Command and Control

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-One ruler having direct regulation over everyone and eveyrhting -No incentives to do better under this system

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Trade-able Discharge Permits (Cap and Trade)

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-Market based incentive program to reduce emissions and end up at the optimally social point -Requires that no one cheats and it must be monitored though -Hot Spots can emerge: areas that might not be as protected as it should be where the pollution levels do not change really even after the system is put into place

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Bubble Concept

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-Treats a bunch of smokestacks as a bubble -Pollution control requirements are applied to the aggregate of emissions leaving the bubble

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Pollution Control "Offset"

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-EPA issues a set of rules that allowed new sources to be licensed in Non-Attainmeant areas -Must be able to show that there would be an offsetting reduction in emissions from existing sources of pollution in the area (above and beyond what had already been required)

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Deposit Refund System

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-Manufacturers would lose money when people return beer and soda cans -Causes the price of the goods to increase -Causes less consumption of the goods -Decreases the overall waste disposal

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Clean Air Act Provision

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-NAAQS -Auto emissions standards -Acid Rain -Stratospheric Ozone -"Hazardous" Air Pollutants (CAAA of 1990)

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Environmental Indulgences

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Selling what is commonly owned property to certain individuals and businesses to make it okay to destroy the environment. [Related to Religious Indulgences.]

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Grounds for Objecting to the Sale of Indulgences

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-Selling what is not yours -Selling that which cannot be sold -Rendering wrongs right -Making wrongs right (and finding the "socially optimal" pollution level) -Indulging some but not all

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Environmental Racism

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The exposure of minorities and people at risk to more environmentally unstable and tarnished sites. Usually occurs to those who have less income, less political power and are less likely to rank environmental problems as being more crucial to themselves. Typically occurs to minorities living in lower-income areas. Affects public and private environmental decisions.

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Environmental Justice

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-All groups should have equal access to environmental protection and equal opportunity to enjoy environmental benefits. -Equal access does not imply precisely equal protection, only absence of unequal impediments to protection.

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Community Access to Environmental Information

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EPA and DOI have long histories of not relaying information effectively or timely to the public. And, even if the citizens could get the data, they are more likely than not unable to understand the information.

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Economist's Tools

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-Incentive Based Programs (Cap and Trade) -Cost Benefit Analysis

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Economist's Theoretical Building Blocks

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-Consumer Sovereignty -Public Good -Externality -Anthropocentrism -Opportunity Cost

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Consumer Sovereignty

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-Clean up pollution to the extent individuals in society want to -Social costs Social benefits

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Public Good

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-Good that is both non excludable and non rivalrous -Anyone is able to access the good without harming another's ability to access the good -Free Rider Problem: those who receive benefits without incurring any of the costs -Tragedy of the Commons: depletion of a shared resource by individuals acting independently and in their self interest

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Externality

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Cost or benefit that results from an activity or transaction and that affects an otherwise uninvolved party who did not choose to incur that cost or benefit.

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Anthropocentism

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The idea that human beings are the central and most important species on the planet

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Opportunity Cost

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Cost of an alternative that must be forgone in order to pursue a certain action.

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Fairness Based Values (Ethicist's Values)

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-Precautionary Principle -Intrinsic Value of Nature -Distributional Questions Vital -Future Generations no less important -Public values > private preferences -Pollution is immoral, not just a market failure [Note: Think of environmental indulgences]

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Precautionary Principle

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Just because we cannot prove that the social costs are equal to the social benefits doesn't mean we should not bring pollution levels down

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Ethicist's Toolbox

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-Cost-effectiveness analysis -Environmental justice -Technology based standards (e.g. MACT and BACT under CAA) -Safety based standards -Critical Loads

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Technology Based Standards

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-MACT or BACT -Maximum available control technolgoy -Best available control technology -Both are used to keep the air pollution generated by industries at the lowest possible level

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Critical Loads

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-Exposure to pollutants is at a level where below it is not harmful and above it is harmful -"Tipping Point" [Note: My wording and phrase.]

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Resource Conservation and Recovery Act (RCRA)

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Distributes trash into two categories: hazardous waste and non hazardous waste -Hazardous Waste: managed and regulated by the EPA Non Hazardous Waste: managed by local and state authorities, while regulated by the EPA Made and set landfill rules with the CAA: -Cannot be located near geological faults and wetlands -Methane levels must be controlled -Groundwater monitoring is conducted

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Municipal Solid Waste (MSW)

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-Things we discard in our everyday lives (newspapers, product packaging, etc.) -Can have damaging effects on air quality and water resources when burned (incinerators release harmful gases, like NOx, SO2, Ozone, PM, etc.) or buried (methane is emitted from landfills) -U.S. Figures: From 1990 to 2011, MSW has increased 20% and GDP has increased 60% while having a recycling rate of 34.7% for the year 2011

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Electronic Waste

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-Contains toxic metals and cannot be recycled -Requires special disassembly which is done overseas under unsafe conditions

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MSW Disposal (Past and Present Practices)

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Past -Filled land in coastal areas (unsafe in earthquakes) -Incineration (reduction of trash, but 20% left over that is highly more concentrated) -"Sanitary" landfills (landfills covered with soil) Present -Landfills, Incinerators, and Recycling

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Trash and the Supreme Court

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Trash is considered commerce to the Supreme Court, not considered pollution

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3 Biggest Waste Disposal Companies

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-Waste Management -Allied Waste Industries -Republic Services

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Commerce Clause

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"States may not erect barriers to interstate commerce unless the Congress has explicitly allowed it." States cannot stop the transport of garbage between states without Congress's influence.

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International Variations in Waste Generation

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High recycle rate, high MSW generation: Denmark, Germany, Austria High recycle rate, low MSW generation: Belgium, Sweden Low recycle rate, high MSW generation: U.S., U.K.

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Differences between Japan and the U.S. over waste disposal

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Japan: -Rarely uses plastic -Recycles electronic waste -Smaller food portions -Going out to eat is less common -Discouraged from leaving food on their plate -Hard to discard garbage in Japan

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Japan and their Waste Disposal Practices

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-No one wanted the garbage, let alone from another city or ward. Fail solution was to construct incinerators in every city, regardless of the cost. -Since no one wanted garbage, everyone would get it.

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European Union Principles

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-Proximity: deal with the garbage close by to where it originated -Self-Sufficiency: deal with garbage alone rather than using another nation -Producer Responsibility: producers and manufacturers must deal with their waste -Pollution Prevention: reduce pollution through process of making it far -Precaution: dealing with the problem before it even states

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EU 5 Principles Incorporated into Laws and Directives

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-Packaging Directive (recovery of packaging) -Landfill Directive (reduce biodegradable waste) -Waste Electronic and Electrical Equipment Directive, WEEE (manufacturers take back the electronic waste) -End of life Vehicle Directive (restricts use of certain hazardous materials in vehicle manufcature) -Regulation on Transboundary Shipment of Wastes -Restrictions on Hazardous Substances Directive, RoHS (prohibits toxic chemicals in design of electronic equipment)

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National Ambient Air Quality Standards

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-Everyone deserves and has the right to clean air -Equality is more important than economic efficiency in this case

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European Union Practices

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-Five Principles that are well established into international and national law and policy -Pay-as-you-throw fees for garbage bags in some countries -Recycling centers with 20 to 40 bins for different kinds of materials

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Jo Ann Davis

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-Representative from Williamsburg, VA -Shows Congress a proposal to limit impact of trash into the state: -Different tax rates for In State and Out of State trash -Limit % of trash at incinerator for out of state -Freezing out of state levels

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Ohio Senator Voinovich

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Tried limiting out of state trash via pursuant to new and existing host community or other state authorization

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Interstate Movement of MSW

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#1 - Pennsylvania #2 - Virginia (88% of its trash comes from the Commonwealth)

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Leachate

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Landfill Juice that contains toxic compounds [Incinerators produce and emit PM, NOx, and Mercury.]

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Pivotal Supreme Court Decisions

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-Philadelphia vs. New Jersey (1978) -Fort Gratiot Sanitary Landfill vs. Michigan Department of Natural Resources (1992) -Chemical Waste Management vs. Guy Hunt, Governor of Alabama (1992) -Oregon Waste Systems vs. Department of Environmental Quality of the State of Oregon (1994) -Clarkstown vs. Carbone (1994) -United Waste Haulers vs. Oneida-Herkimer Solid Waste Management Authority (2007)

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Carbone vs. Clarkstown (1994)

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-Garbage is commerce -Under the Constitution, the Congress is presumed to have the power to regulate interstate commerce -State and local agencies may not erect barriers to the flow of garbage between states without explicit permission from Congress -Carbone wanted to ship waste to out of state area which was cheaper, but the town wanted to keep its flow control ordinance -Ends up with Carbone winning and being allowed to ship non-recyclable waste out of NY

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United Waste Haulers vs. Oneida-Herkimer Solid Waste Management Authority (2007)

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-Flow control ordinances do not discriminate against interstate commerce when they involve garbage directed to a publicly owned facility -United Waste Haulers wanted to go to a cheaper out of state waste management facility but the county filed a lawsuit against them for such actions -Flow control ordinance did not violate Commerce Clause because they benefited a clearly public facility while keeping all private companies exactly the same

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Flow Control Ordinances

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-Requires that all solid waste to be processed at a designated transfer station before leaving the municipality -Adopted by local governments with primary goal of financing their own waste management systems (which have become increasingly expensive): 1) Keep waste at home so it doesn't despoil the environment elsewhere 2) Makes predicable revenue stream because waste haulers pay to deposit waste at waste management facility

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Philadelphia vs. New Jersey (1978)

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-NJ prohibits trash from Philadelphia -Commerce Clause - NJ can't do that -Philadelphia won

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Fort Gratiot Sanitary Landfill vs. Michigan Department of Natural Resources (1992)

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-Michigan law that limits trash inflow is unconstitutional -Violates Commerce Clause

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Chemical Waste Management vs. Guy Hunt, Governor of Alabama (1992)

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-Additional fee charged for out of state hazardous waste which was higher than the fee for in state hazardous waste -Violates Commerce Clause so Chemical Waste Management won

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Oregon Waste Systems vs. Department of Environmental Quality of the State of Oregon (1994)

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-Surcharge on out of state waste imposed -Violated Commerce Clause -Oregon Waste Systems won

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Massachusetts vs. EPA (2007)

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-Court ruled CO2 could potentially endanger human health or environment as defined by CAA -Instruct EPA to determine whether CO2 was definitely a threat to humans or the environment, and if so, to write appropriate regulations to control domestic CO2 emissions

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Erlye? Jackson

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Ferris, TX councilwomen who fought off Waste Management so that the mega landfill wouldn't be located in her town. Eventually lost

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Japan Practices of their Waste

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-Strict Disposable Methods -Sorting is mandatory -Proximity Principle (manage garbage close to where it was produced) -Waste volume limits in place -Economic policy affects waste management

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European Union Practices of their Waste

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-Driving to reach a zero-waste community -Fee per volume (charge by the pound of garbage put out into garbage cans) -Returns for recyclable items -Producer Responsiblity (manufacturers are responsible for their own waste; fee to incinerate > fee to recycle)

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United States Garbage Problems

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-Too much garbage is produced -Consumer Mindset -We are not about preservation (the EU is) -Lack of Knowledge -Communication Problem -No Producer Responsibility

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Radioactive Waste History

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1957 - Price Andersons Act 1979 - Three Mile Island meltdown 1982 - Nuclear Waste Policy Act 1986 - Chernobyl accident (damage estimate = $358 bil) 1987 - Nuclear Waste Policy Act Amendments 1998 - deadline missed for U.S. government to take over waste from nuclear power plants 2005 - Energy Policy Act 2011 - Siemens announces that it will stop building nuclear power plants and to emphasize renewable energy sources

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Price Andersons Act (1957)

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-Renewed in 2005 and expires in 2025 -A liability cap on nuclear accidents worth $12 billion -Began the nuclear power energy in the U.S. mainly because of the subsidies the government was willing to provide, rather than the sustainable and environmental reasons behind these power sources

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Nuclear Waste Policy Act (1982)

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Created a timetable and procedure for establishing a permanent underground repository facility for high level radioactive waste

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Nuclear Waste Policy Act Amendments (1987)

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-"Screw Nevada" Bill -Yucca Mountain was chosen as the "winner" in the repository sweepstakes (between Nevada, Texas and Washington) -The original repository sites were supposed to be on the west coast and east coast (one each)

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Energy Policy Act (2005)

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Offers tax credits to companies for building new nuclear plants and guaranteed government reimbursement to lenders should a utility default on a nuclear-construction loan occur.

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NRC, DOE, EPA and Yucca Mountain

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EPA: -Develops environmental standards for YM DOE: -Deals with the YM license application -Designing and constructing the long term storage repository NRC: -Licensing storage facility -Working with Department of Transportation on developing safe transport regulation

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International Atomic Energy Agency (IAEA)

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-Founding in 1957 -Watch over and develop guidelines to manage nuclear waste

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Nuclear Regulatory Committee (NRC)

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-Deals with the disposal of high level radioactive waste -Emerged from the Atomic Energy Commission (AEC) in 1975 after many lawsuits against the AEC emerged for covering up problems at nuclear facilities

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Methodological Value Judgments

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Using subjective ideas to create objective numbers that can be used to quantify the likelihood or possibility of an event occurring. Identify, Evaluate then Quantify Risks -Extrapolation (foreseeing the future based on short term studies) -Model Reliability -Sampling -Human Error

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Negotiated Monitored Retrievable Storage (NMRS)

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-Above ground, temporary storage (100 years approximately) for radioactive waste -Multiple waste management facilities in areas that use nuclear power -First proposed by Floyd Cullers in 1972 Would be the temporary solution instead of using storage pools and dry storage containers while we look for a long term solution, like a repository site.

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RAW Decay

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-Spent Fuel Rods (can no longer sustain nuclear chain reaction and is the most deadly human waste) -Remains deadly for 10,000 years and is currently being stored on site at the nuclear power plants -Fuel Rods make steam that powers turbine that makes electricity -Storage Possibilities: Dry Storage Containers or Storage Pools

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Blue Ribbon Committee

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-Need to have a management plan for storing radioactive waste in the long run (currently developing one). -The U.S. is not going to use Yucca Mountain as we search for more and better long term sites. -Calls for a new regulatory agency since there is distrust from DOE due to past events, actions and history.

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Agencies and their Agendas for Environmental Policies and Practices

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DOE - promote energy industry growth through research EPA - define environmental standards NRC - implements and oversees nuclear energy and radioactive waste AEC - was before 1975 and would later make the NRC NMRS - Was a possible short term solution until a long term one was discovered or decided upon

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Nuclear Reprocessing

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Technology that was developed and is currently in development to chemically separate and recover fissionable plutonium from irradiated nuclear fuel.

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Rolling Chernobyls

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-Term used by environmentalists -Explains how many trucks would have to go to Yucca Mountain in order to deposit the radioactive waste in the repositry

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Quantitative Risk Assessment

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Decisions based off of Science (numbers) and Qualities (non-measurable opinions toward certain outcomes)

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Environmental Quality Standards

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Legally established minimum level of cleanliness or the max amount of pollution in some part of the environment.

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