Environment Law Overview

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Environment Law Overview. Larry Schnapf Schnapf LLC Larry@schnapflaw.com. Principal Federal Environmental Laws. Clean Air Act Clean Water Act Resource Conservation and Recovery Act (RCRA) Toxic Substances Control Act (TSCA) - PowerPoint PPT Presentation

Text of Environment Law Overview

  • Environment Law OverviewLarry Schnapf Schnapf LLCLarry@schnapflaw.com

  • Principal Federal Environmental LawsClean Air ActClean Water ActResource Conservation and Recovery Act (RCRA)Toxic Substances Control Act (TSCA)Comprehensive Environmental Response, Cleanup and Liability Act (CERCLA or Superfund)

  • NYDEC Remedial ProgramsECL Title 13 State Superfund Program (SSF)Navigation Law Oil Spill ProgramEnvironmental Restoration Program (ERP)Brownfield Cleanup Program (BCP)Petroleum Bulk Storage Act (PBSA)Chemical Bulk Storage Act (CBSA)

  • Clean Air ActTitle I- Air Quality/ Emissions StandardsNew Source Performance Standards (NSPS)New Source Review (NSR) PermitsRisk Management Plans (RMPs)Title II Mobile SourcesTitle III- Hazardous Air PollutantsTitle IV- Acid Rain ProgramTitle V- State Operating PermitsTitle VI- Ozone Program (refrigerants)

  • NAAQS (Primary Pollutants)Sulfur dioxideNitrogen dioxideCarbon monoxideOzoneLeadParticulate matter (PM)

  • New Source Performance Standards (NSPS)Pre-construction Permit ProgramAny physical change or change in method of operation which increases the amount of any air pollutant regulated under CAA that was not previously emitted.expressed in hourly emissions rate at maximum physical capacity before and after changeHourly emission rate is after controls installedReconstruction: at least 50% of total cost of a comparable new facility even if no increase in emissionsMinor NSPS exempt from Title VPurchase Emission Reduction Credits (ERCs)Best Demonstrated Technology (BDAT)

  • NSR Permit ProgramConstruction of new major sources or modification of existing major stationary sources physical change change in the operation of a major source that results inSignificant net increase in emissions that impacts air quality

  • HAPsMajor Sources stationary source or group of stationary sourceswithin a contiguous area and under common controlPTE 10 tpy or more of any HAP or 25 tpy or more of any combination of HAPsArea Sources-all other (smaller) sources of HAPs189 HAPs (benzene, PCE, ACM, Toluene, metals)MACTPollution controlsProcess changesMaterials substitution

  • Asbestos Containing MaterialsRenovations and DemolitionsRACM thresholds to be disturbed: 260 linear feet on piping 160 square feet on other building components 35 cubic feet of RACM when the length or area cannot be measured Ten Day Advance NoticeMust notify of change in start dateWorkpracticesActual proof of emissions or visible dust not required but simply non-compliance with workpracticesLicensed Contractors

  • Risk Management Plans-112(r)threshold quantity of listed regulated substanceGeneral Duty Clause- Owners and operators of stationary sources with regulated substances and extremely hazardous substances regulated under EPCRA to identify hazards that may result from accidental releases and take steps to ensure appropriate measures in place.Same duty as that required under OSHA.

  • Title V Operating Permit ProgramsState permit programIncorporates all applicable requirementsApplies to following sources: major sources (100 TPY), NSPS, HAP MACT, Title IV affected sources PSD/NSR and other stationary sources identified by EPA. PTE after emission controlsSynthetic minor exempt (use enforceable emissions cap)Minor NSRPermit shield

  • Emissions Trading StrategiesVerifiable emission reduction credits (ERC)-surplus registered emissions to sell or buy. Offset- use ERC to offset emissions increase from modification to allow growth in non-attainment areaBubble Policy-re-allocate emissions w/i plant for alternative emissions standard. Must result in net improvement in air qualityNetting Policy (intra-plant)- lower net emissions at expanding or modernizing plant to avoid NSRBanking- saving surplus ERCs for later useUsually for same pollutant but sometimes for inter-related pollutantsUsually within same air basin NOX trading for Ozone Transport Areas

  • Title VI - Stratospheric Ozone ProtectionPhaseout of chlorofluorocarbons and halonsReduction in use and emissions of other ozone-depleting substancesProhibits knowingly venting refrigerantsCommon Applications-vehicle maintenance, Building cooling and refrigeration systems

  • NYC ACMAsbestos Project- will disturb (e.g., remove, enclose, encapsulate) more than 25 linear feet or more than 10 square feet of ACMLarge Asbestos=260 linear feet or 160 sq/ft To obtain a DOB permit, an applicant must submit either a:ASB-4 Form: job is exempt from asbestos investigation; ACP-5 Form: Not an asbestos project form;ACP-7 Asbestos Project FormConditional Close-out Form

  • Lead-Based Paint(40 CFR 745) LBP Disclosure RuleSellers, lessors and/or agents written disclosure to purchasers and lessees about the known presence of lead-based paints (LBP). No affirmative obligations to investigateTarget Housing (pre-1978)Lead warning statementPurchasers but NOT LESSEES must be given a 10 day inspection period Pre-Renovation Lead-based Paint Information Rule (PLIR)

  • NYC LBPThe NYC Health Code prohibited the use of LBP since 1960 (24 RCNY 173.13) Local Law 1(2004)- Owner ResponsibilitiesInvestigate and Remediate Lead Hazards in units with children 6 yrs or under and common areasNotify TenantsPre-1960 buildings (presumed to have LBP)1961 to 1977 buildings where the owner knows that there is LBPMake Apartments Lead Safe on TurnoverUse LBP Work practices For Repairs and Renovationsactual or constructive notice of the condition

  • NYC LBP Annual NoticeMust send notice between January 1 and January 16 each year inquiring as to presence of childTenant must respond by February 1If no response, owner must inspect between February 6 and March 1 to determine presence of childIf no access must notify DOHMHIf there is a child, then must inspect to determine lead Hazards Must inform tenant of results of investigation

  • NYC LBP Repair and Renovation- 2 sq ft in a pre-1960 multiple dwelling or 1961-77 multiple dwelling where the owner has actual knowledge of lead paint:In a unit with a child orcommon areas of a building with a child Use certified workersUse third party for clearance dust testProvide clearance dust test results to tenantsRelocate if necessary

  • NYC LBP Repair and Renovation

    more than 100 sq ft or the removal of two or more windows in a pre-1960 multiple dwelling or 1960-77 multiple dwelling where the owner has actual knowledge of lead paint:In a unit with a child orIn common areas where there is a child in the building Use EPA workers Clearance dust test must be done by third party Provide clearance dust test to tenants Must relocate if necessary File with DOHMH 10 days prior to commencement

  • Responding To Tenant Complaintsask if there is childinspect within 10 daysask tenant for acknowledgment of childperform room by room inspection record for each room whether surfaces are intact Where peeling paint is found, record condition of underlying surface Record any underlying defectNeed not move furniture Send Notice of Violation within 10 days Leave lead pamphlet

  • Special Rules for Day-Care CentersPeeling lead paint is prohibited.Lead hazards must be remediated.Equipment must have lead free paint. If a non-complying condition is found, DOHMH must serve the operator with an order to remediate. If the order is not complied within 45 days, DOHMH must request an agency of the City to execute the order. That agency must execute the order in 45 days. Lead hazards must be remediated in compliance with DOHMH safe work practices

  • Clean Water Act Discharge PermitsDischargeAddition of pollutantPollutantsNot include fluids to promote oil/gas productionPoint SourceWaters of United States

  • SPDES PermitsIndividual vs General PermitsDuty to ApplyEffluent LimitsTechnology (BCT, BPT, BAT, NSPS)water quality-based standardsDischarge Monitoring ReportsStandard ConditionsSpecial Conditions

  • Municipal SPDES ProgramSecondary TreatmentCombined Sewer OverflowsSanitary Sewer OverflowsPretreatmentStormwaterBiosolids (Sludge)-503

  • Pretreatment For Indirect DischargersTo Prevent:pass throughTreatment interferenceSludge contaminationThree Types of Pretreatment StandardsGeneral Discharge Prohibitions (403.5)Categorical Standards (403.6)Local Limits

  • Local LimitsAddresses Pollutants of Concern (POC) reasonably likely to be discharged in amounts that will cause interference or pass throughcomply with NPDES/sludge requirementsIndustrial Users, Institutional and Commercial UsersEnforced by POTWState laws or local regulations/ordinance

  • Types of POCsNational POCsNPDES Permit POCsSludge POCsSite-Specific POCsWater-Quality POCS

  • Stormwater Permits 33 USC 1342(p)Owner or Operator Must Obtain permit for: Stormwater Discharges associated with industrial activity (10 Categories) SWPPPsBMPsNo Exposure CertificationIndividual or general permitStormwater Discharges From Construction SitesNo secured creditor exemptionConstruction General Permit Municipal Separate Storm Sewer Systems (MS4)

  • Industrial Stormwaterdischarges from industrial plant yards;access roads and rail lines used to transport raw materials, waste material, or by-products used or created by the facility;storage areas (tanks,drums) for raw materials, and intermediate and final productsresidual treatment, storage, or disposal and shipping and receiving areas.manufacturing buildings;areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater.

  • Multi-Sector General Permit (MSGP)Applies to 29 Industrial SectorsOperators File Notice of Intent (NOI)Comply with Standard ConditionsMonitoring/RecordkeepingImplement General and Specific Control Measu