NRC Watch Stander
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Federal Water Pollution Control Act
- 33 U.S.C 1251-1387
- Prohibits discharges of oil or hazardous substances which may be harmful into or upon the navigable waters of the U.S., adjoining shorelines, or into or upon the waters of the contiguous zone, or which may effect resources in the EEZ.
- Created NRT with EPA as Chair and Coast Guard as Vice Chair.
Clean Water Act
- 33 U.S.C. 1251-1387
- Established the basic structure for regulating discharges of pollutants into the waters of the U.S.
- Illegalized discharges of any pollutant from a point source into navigable waters, unless a National Pollution Dischagre Elimination System (NPDES) permit was issued by the EPA.
- Established the NRC.
Oil Pollution Act
- 33 U.S.C. 2701
- Singed into law on August 18, 1990.
- Created OSLTF.
- Required Particular Facilities to Submit FRP
- Required the Developement of ACP
- Established Limits of Liabilities for damages resulting from oil pollution and establishes a fund for compensatory payment for such damages.
- Strengthen nations oil and hazardous substances spill prevention, preparedness, and response activities.
- Ammended NCP to strengthened the nations response authority, and increase the OSC's responsibility during responses.
- Created the NSFCC
Comprehensive Environmental Response and Liabilities Act. (1980)
- 42.U.S.C 9601
- amended in 1986 by the Superfund Ammendments and Reauthorization Act (SARA).
- Coast Guard Responsibilities under CERCLA are contained in the NCP.
- enables federal authorities to respond to pollution that threatens the ENVIRONMENT or public health. To include uncontrolled or abandoned hazardous waste sites.
Clean Air Act
- 42 U.S.C 7401
- allows EPA to establish ambient air quality standards.
Solid Waste Disposal Act
- requires environmentally sound way to dispose of household, municipal, commercial, and industrial waste.
- Ammended by RCRA.
Resource Conservation and Recovery Act (RCRA)
- 42 U.S.C 6901
- defines and regulates the management of solid waste, hazardous waste, medical waste, and certain substances in any environment including stored in underground storage tanks.
- Established the "Cradle to Grave" system for governing the geeration, transport, storage, treatment, and disposal of hazardous waste.
Toxic Substance Control Act
Allows EPA to regulate new commercial chemnicals before they enter the market and regulate existing chemical when they pose an unreasonable risk to health or to the environment, and to regulate their distribution and use.
Hazardous Materials Transportation Act (HMTA)
- published in 1975.
- Gave the Secretary of Transportation authority to regulate the transport of Hazardous Material.
- defined a Hazardous Material as any material which can poses an unreasonable risk to health and safety or property.
Maritime Transportation and Security Act of 2002 ()MTSA)
- addresses port and waterway security.
- Is the U.S. Implementation of the International Ship and Port Facility Security Code (ISPS). requires vessels and facilities to conduct vulnerability assessments and develop security plans.
- Established the creating of AMSC.
Define Harmful Quantity
- 40 CFR 110.3 Defines a harmful quantity
- a discharge of Oil which violates applicable water quality standards
- Discharges of oil which cause a film, sheen upon, or discoloration of the surface of the water or adjoining shorelines, or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.
Define Reportable Quantity
- 40 CFR 117.1
- quantities of Hazardous Substances that may be harmful.
- reportable quantities for certain materials are listed in 40 CFR 117.3 and part 302.
who designates "Responsible Parties"
RPs may only be designated by the FOSC or the Director of the NPFC
Why does the NPFC only list the suspected responsible party
because the NRC does not have authority to designate someone as the responsible party.
Define Navigable Waterway as the term applies to the FWPCA.
- All waters in use, used, or potentially will be used for interstate or foreign commerce.
- Interstate waters, including interstate wetlands.
- Intrastate waters which could effect interstate commerce.
- Tributaries, adjacent wetlands,
Define OSC as the term relates to the NCP.
Predesignated USCG or EPA member who is responsible to direct responses under subpart D, or the official designated by the lead agency to coordinate and direct removal actions under subpart E.
- USCG-Coastal zone for which an ACP is required.
- EPA- Inland Zone
- DOD- DOD facilities, or when the discharge involves a vessel or facility under control of the DOD
- DOE- same as DOD jurisdiction but for DOE
define Federal Maritime Security Coordinator (FMSC)
- the COTPs are the FMSC.
- They establish, convene, and direct the AMSC.
- They appoint members to the AMSC
- Develope in coordination with the AMSC, and implement
Define Inland Waters as it applies to the NCP
the environment inland in the "Inland Zone" as well as the Great Lakes and specified inland harbors which are apart of the "Coastal Zone"
Define Inland Zone as it applies to the NCP
The environment Inland of the "Coastal Zone" excluding the Great Lakes, and specified Inland Harbors which are apart of the "Coastal Zone"
Define Coastal Waters as the term applies to the NCP
Waters of the "Coastal Zone" except for the Great Lakes and specified inland harbos of the Coastal Zone.
Define Coastal Zone as it applies to the NCP
All U.S. Waters Subject to the tide. U.S. Waters of the Great Lakes, specified inland ports and harbors, the continguous zone, other high seas waters subject to the NCP, and the land and air within proximety of these areas.
Size Classification Discharges of Oil on Inland Waters
- Minor-less than 1,000 gal
- Medium-1,000 to 10,000 gal
- Major-More than 10,000 gal and any discharge which poses a significant risk to the public or the environment, or one that attains significant public concern.
Size Classification Discharges of Oil on Coastal Waters
- Minor-less than 10,000 gal
- Medium-10,000 to 100,000 gal
- Major-more than 100,000 gal and any discharge which poses a significant risk to public health, and the environment. or which attains significant public concern.
Classificatin of Hazardous Materials Releases
- Minor- a release of a quantity of hazardous substansce, pollutant, or contaminants which pose minimal risk to the U.S. or the environment.
- Medium-Release means a release not meeting minor or major release.
- Major- release of any hazardous substance, pollutant, contaminant that poses a substantial threat to public health or welfare of the United States or the environment or results in significant public concern.
Define hazardous waste
(EPA term) a waste which poses a substantial or potential threat to public health or the environment. RCRA divides them into two categories.
Define hazardous Substance
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