The National Environmental Policy Act (NEPA), Clean Water Act, and

Clean Air Act

Presented byScott Weir, Air Quality Coordinator

Kickapoo Tribe in Kansas

Events in 1960sled to environmental legislation

• Santa Barbara Oil Spill– Offshore drilling blowout– January 1969

• Freeway Revolts– Re: Bulldozing communities and ecosystems during

rapid development of Interstate system• and…

Rachel Carson and Silent Spring

Rachel Louise Carson(May 27, 1907 – April 14, 1964)

• American marine biologist and conservationist

• Began career as aquatic biologist in U.S. Bureau of Fisheries

• Became full-time nature writer in 1950s

• Silent Spring– 1962 – Reported ecosystems damage from

overuse of pesticides (DDT)

The National Environmental Policy Act (NEPA) of 1969

National Environmental Policy Act of 1969

• Enacted on January 1, 1970• Applies to all Federal agencies in Executive Branch• Preamble"To declare national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation..."

National Environmental Policy Act of 1969 (cont.)

• Required federal agencies to prepare environmental assessments (EAs) and environmental impact statements (EISs)

• EAs and EISs– Statements of environmental effects of proposed

federal agency actions

National Environmental Policy Act of 1969 (cont.)

NEPA contains three sections

1. Declaration of national environmental policies and goals2. Provisions for federal agencies to enforce those policies and goals3. Establish Council on Environmental Quality (CEQ) in Executive Office of the President

National Environmental Policy Act of 1969 (cont.)

• Equivalent exemptions: if other environmental laws require similar environmental analysis

• Other laws include, but are not limited to– Clean Air Act – Resource Conservation and Recovery Act– Safe Drinking Water Act – Federal Insecticide, Fungicide, and Rodenticide Act

The Clean Water Act

History of the Clean Water Act

• Federal Water Pollution Control Act of 1948

• Federal Water Pollution Control Act Amendments of 1972

• Clean Water Act of 1977

• Water Quality Act of 1987

The Clean Water Act

• Does not directly address groundwater contamination

• Groundwater protection provisions are in: – Safe Drinking Water Act, – Resource Conservation and Recovery Act, and – Superfund Act

The Clean Water Act (cont.)

Provides for

• Point source regulation– National Pollutant Discharge Elimination System (NPDES)

permits• Technology-based standards for point source discharges• Water quality standards• Designated uses

– specified appropriate water uses• Water quality criteria• Anti-degradation policy• Nonpoint sources

The Clean Air Act

History of the Clean Air Act

• Air Pollution Control Act of 1955• Clean Air Act of 1963• Air Quality Act of 1967• Clean Air Act of 1970– 1977 Amendments to Clean Air Act of 1970– 1990 Amendments to Clean Air Act of 1970

The Air Pollution Control Act of 1955

• First federal air pollution legislation

• Funded research on scope and sources of air pollution

Clean Air Act of 1963

• Authorized national program to address air pollution

• Authorized research into techniques to minimize air pollution

Air Quality Act of 1967

• Authorized enforcement procedures involving interstate transport of pollutants

• Expanded research activities

Clean Air Act of 1970

• Established National Ambient Air Quality Standards (NAAQS)– CO, Pb, NO2, O3, PM10, PM2.5, SO2

– Primary Standards: Provide public health protection, including sensitive groups

– Secondary Standards: Provide public welfare protection, including damage to animals, crops, vegetation and buildings

• Established requirements for State Implementation Plans (SIPs) to achieve NAAQS

Clean Air Act of 1970 (cont.)

• Established New Source Performance Standards (NSPS) for new and modified stationary sources

• Established National Emission Standards for Hazardous Air Pollutants (NESHAPS)

• Increased enforcement authority

• Authorized control of motor vehicle emissions

1977 Amendments to the Clean Air Act of 1970

• Authorized provisions related to prevention of significant deterioration (PSD)

• Authorized provisions relating to non-attainment areas

1990 Amendments to the Clean Air Act of 1970

• Authorized programs for acid deposition control

• Authorized controls for 189 toxic pollutants (Air Toxics)– including those previously regulated by national emission

standards for hazardous air pollutants

• Established permit program requirements

• Expanded and modified provisions concerning NAAQS

• Expanded and modified enforcement authority

US EPA

Burning discarded automobileBatteries – Houston, TX – 1972(Photo by Marc St. Gil)

U.S. EPA• Proposed by President Richard Nixon• Began operation on December 2, 1970 – Per executive order signed by Pres. Nixon

• To protect human health and the environment via enforceable regulations based on laws passed by Congress

• Not a Cabinet department– But Administrator is normally given cabinet rank

US EPA (cont.)

• Executive reorganization consolidated many federal government environmental responsibilities under one agency

• Ten regional offices – Each is responsible, within its boundaries, for

implementing the Agency's programs

US EPA Regions