The Resource Conservation and Recovery Act (RCRA) was established to protect communities and resource conservation. The statute's regulatory target is to regulate the "generation, transportation, treatment, storage, and disposal of hazardous waste." Under RCRA, land disposal of wastes would be safer than it had previously been. The statute establishes a statutory structure that identifies and lists hazardous wastes, cradle-to-grave tracking system, standards for both generators and transporters of hazardous wastes, operators of the treatment, storage, and disposal (TSD) facilities, as well as a permit system to enforce these standards and procedures for states to administer these permits. RCRA has become the statute that prevents waste disposal …show more content…
However once captured, referred to as C02 streams, from emission sources such as power plants and large industrial operations and injected deep underground into wells for the purpose of containment and isolation is considered a waste by EPA. Considered as discarded material as defined in RCRA section 1004(27), CO2 streams yields little information for EPA to conclude whether or not it qualifies as RCRA subtitle C hazardous waste. However there is the potential that some of the C02 streams would meet the definition of a hazardous waste. Due to EPA's rule, captured C02 streams can be excluded and exempt from waste regulations if the streams that are captured originate from emission sources. The streams sequestered via UIC Class VI Injection wells must be approved for the purposes of geologic sequestration and meet certain conditions. EPA has concluded that the management of C02 streams under its rule does not pose a substantial threat or risk to human health or environment but will continue to monitor operations to ensure the protection of human health and the environment. Basically, under RCRA's solid waste definition, carbon dioxide injected into the earth for sequestration would be considered as a solid waste, not hazardous …show more content…
In the case of City of Chicago v. Environmental Defense Fund, we see this example played out. The Environmental Defense Fund (EDF) sued city of Chicago for violating RCRA and the regulations set by EPA. Landfills not licensed to accept hazardous wastes were used by the city as a disposal site to dispose of ash residue left from the city's incinerator. The city argued that section 3001(i) exempted the ash generated as hazardous waste. However, the courts found that section 3001(i) did not exempt the ash from being listed as hazardous because there were other wastes that were included in addition to the household waste generator that was being
when there is a technical violation. In cases such as Sandin v Conner and Olim v
Wagner, F. D. (2010). McDonald et al. v. City of Chicago, Illinois, et al.. Supreme Court of the United States, 1, 1-214. Retrieved May 4, 2014, from http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
When thinking about the most polluted states in our country, California and New York instantly pop into our mind. What most people don’t know, however, is that Texas now ranks number one in most categories of pollution. Whether it be increased emissions from refineries in Beaumont, large pits filled with contamination at Kelley Air Force Base, or polluted water at Lake Sam Rayburn, Texas has more than its fair share of toxic waste.
Fossil fuels, such as coal and oil, are Carbon rich compounds, the combustion of which produces Carbon Dioxide, a pollutant and a greenhouse gas. A large amount of energy is released during this process, which is why the pollutants off products are tolerated. This process occurs constantly throughout the world, in power stations, vehicles and cooking ovens, leading to an immense volume of CO2 being released every second, 50% of which is absorbed by oceans (Oce...
To satisfy the special considerations of a nonattainment area the project must comply with strict emission limitations. The proposed recycling center must not exceed these limitations or the project will not be approved. The Environmental Protection Agency states:
The Curious Confusion Surrounding Escobedo v. Illinois. (1965). The University of CHicago Law Review, 560-580.
The Superfund program, which was better known as just Superfund, is also known as the Comprehensive Environmental Response, Compensation, and Liability act (CERLA) of 1980 was developed by the federal government as a way to preserve and protect the ecosystem and to clean up toxic, uncontrolled, abandoned hazardous waste sites. (Boorse & Wright, 2011, p.577). The Superfund program cleans up any hazardous waste, be it abandoned, accidentally spilled, or illegally dumped; any of which may pose a threat to future or current health or the environment. The Environmental Protection Agency works with the community, the responsible parties or the potential responsible party in identifying these hazardous waste sites in formulating plans to clean up these sites. Superfund provides laws and standards for the disposal and storage of such wastes. In addition, the Superfund program provides emergency financial support to existing environmental agencies to monitor removal of toxins, and to provide emergency cleanup services, provide monetary reparation to people who faced health or financial difficulties and concerns from toxic waste, and, if needed, to help enact emergency evacuation procedures. Superfund also provides for liability of persons responsible for releases of hazardous waste at these sites, and can establish a tax on the chemical and petroleum industries to make available for cleanup when no responsible party could be recognized. The National Priorities List, or NPL, is a list of the worst hazardous waste sites that have been identified by Superfund. (Boorse & Wright, 2011, p. 578). Any site on the NPL is eligible for cleanup using Superfund Trust money.
The Criminal Process in Environmental Regulation. (n.d.). UH Law. Retrieved April 6, 2014, from http://www.law.uh.edu/faculty/thester/courses/Environmental-Practicum-2014/syllabus/chap6.pdf
Hazardous materials can be important in everyday life when properly handled. However, when improperly handled, they can result in injury, death, and destruction as well as have lingering effects that may last for years to come. To address the risk of an uncontrolled hazardous materials release, there must be a coordinated effort to identify, locate, and quantify the hazardous materials in a particular location (Drexel University Safety & Health, 2001). Typically, industry and government agree that a hazardous materials incident is one where
[7] Farrar (1998) chap. 7 [8] Salomon v Salomon [9] Lennards Carrying Co Ltd v Asiatic Petroleum Co.[1915] AC 153 [10] As occurred in Daimler v Continental Tyres [1915] 1 KB 893. [11] As quoted by F. Moghadam in QMWLJ 1 p36. [12] e.g. Gilford Motor Co. v Horne [1933] Ch.935 [13] S.213 [14] S.214 [15] D.H.N Food Distributors v Tower Hamlets L.B.C ([1976] 3 All ER 462) [16] [1983] 3 WLR 492. [17] cf.
Carbon Dioxide Removal is a blanket term to cover a variety of activities that remove CO2 from the atmosphere. The most commonly cited type of CDR is direct air capture and sequestration, or DACS. This method includes removing carbon dioxide from ambient air, separating it chemically in a process called ‘scrubbing’ and then storing it in holding facilities (Klusinske).
United States Environmental Protection Agency. (Last updated on 3/20/2013). Radioactive Waste Disposal: An Environmental Perspective [EPA 402-K-94-001]. Available: http://www.epa.gov/radiation/docs/radwaste/. Last accessed 25th April 2014.
In 1976 the Resource Conservation Recovery Act was passed. This act is a main federal law in the United States that governs disposal of solid waste and hazardous waste. The act also generates criminal liability for anyone who knowingly handles hazardous waste without an RCRA permit. The Aberdeen Proving Grounds complied with the RCRA regulation and obtained a permit for management of hazardous waste materials at the proving grounds; however, only three separate areas at Aberdeen were designated for storage of hazardous wastes under this permit, and it did not allow storage, treatment, or disposal of hazardous wastes at the Pilot Plant or the Old Pilot Plant where the three engineers worked.
...es site requires detailed planning by the agencies of the country, such as the Department of Energy in the US. The long-term isolation of the high level waste is usually done in rural areas and it is suggested that planning, construction and operations of repositories would result in significant socio-economic effect(Finsterbausch 1980).The economic and social cost outweigh the social and economic benefits.
Preserving the environment is very important. One way that would be possible is by recycling. Recycling is the recovery and reprocessing of waste materials for use in new products. There are important environmental and economic benefits connected with recycling. Common materials that are recycled consist of aluminum cans, glass, paper, wood, and plastic (“Recycling”). Cleveland, Ohio joined the ranks of requiring recycling and also fines the homeowners for not disposing of waste correctly or leaving cans out too early or too long (McElroy 1). Michele McCay says that recycling is one of the easiest, most tangible ways of taking action for the planet (par. 1). If that is the case, why is it not required in all states? Recycling should be mandatory because it saves natural resources, it conserves energy, and it reduces pollution.