FAQ
Oversight Agencies and Environmental Laws
Environmental Management Systems (EMS)
Oversight Agencies and Environmental Laws
Q: What is the Environmental Protection Agency?
A: The Environmental Protection Agency (EPA) was created in 1970. It administers the vast majority of environmental laws and also coordinates environmental policies. Some of the functions of the EPA are as follows:
- It establishes environmental regulations;
- It sets emissions standards;
- Ascertains whether chemicals propose a danger to the environment or human health; and
- Oversees businesses and industries throughout the country to make sure they are in compliance with the environmental regulations.
Q: What is the Clean Air Act?
A: The Clean Air Act was established in 1955. In 1970, the responsibility for setting air-quality standards was switched from the state governments to the federal one. The EPA became responsible for dealing with all air pollution sources, including chemicals, motor vehicles and businesses. The Clean Air Act of 1990 required the emissions of sulfur dioxide and nitrogen, which comes from power plants, be reduced as a means of controlling acid rain. In the 1980s the use of chlorofluorocarbons (CFCs) that are found in aerosol cans were phased out as a means of reducing global warming. The 1990 amendments of the Clean Air Act required a phase-out of the selling and producing of CFC. The Clean Air Act of 1990 also required cars to use gasolines that burn cleaner and established stricter standards regarding auto emissions.
Q: What is the Federal Water Pollution Control Act?
A: The Federal Water Pollution Control Act became a law in 1948. It initially dealt with pollution from the discharge of waste that came from sewage-treatment, agricultural and industrial plants. It later dealt with the regulations of cleaning up oil spills and other dangerous substances. It also tries to stop people from discharging pollutants and herbicides into the water.
Q: What is the Federal Insecticide, Fungicide and Rodenticide Act?
A: The Federal Insecticide, Fungicide and Rodenticide Act requires the registering of all pesticide products before they are used. The manufacturer must prove that the products will not cause an unreasonable risk of danger. Insecticides, fungicides and rodenticides must be tested to determine whether these products case birth defects, cancer and/or nerve damage.
Q: What is the Resource Conservation and Recovery Act?
A: The Resource Conservation and Recovery Act requires anyone who generates, transports or disposes of harmful pollutants to keep strict records. Any facility that keeps or disposes of hazardous waste is required to obtain an EPA permit.
Q: What is the Comprehensive Environmental Response, Compensation, and Liability Act?
A: The Comprehensive Environmental Response, Compensation, and Liability Act was enacted in 1980 and it is also known as Superfund. It allows the EPA to require people who are responsible for hazardous waste spills to clean up their own mess. The EPA can also clean up the hazardous waste site itself and consequently sue the responsible party (ies) for the associated costs.
Q: What is the Oil Pollution Act?
A: The Oil Pollution Act was established in 1990, as a result of oil spill accidents such as the Exxon Valdez one. This act requires oil tankers to have double hulls and to quickly and effectively clean oil spills when they occur. The penalties for oil spills have increased tremendously.
Q: What is the Clean Water Act?
A: The Clean Water Act of 1977 was intended to address the growing problem of water pollution in the United States. The Act empowered the Environmental Protection Agency (EPA); to set limits for pollutant levels in the country’s water supply; issue standards for industry, as well as giving it enforcement powers to oversee compliance to these standards. The EPA has turned much of the enforcement power over to the individual states; however, it retains authority to oversee their policy. In addition, The Water Act has been amended over the years to provide for private party lawsuits, and to allow the EPA to fund sewage treatment plants.
Environmental Management Systems (EMS)
Q: What is the EMS Model?
A: An EMS follows a Plan-Do-Check-Act Cycle, or PDCA. The diagram shows the process of first developing an environmental policy, planning the EMS, and then implementing it. The process also includes checking the system and acting on it. The model is continuous because an EMS is a process of continual improvement in which an organization is constantly reviewing and revising the system.
This is a model that can be used by a wide range of organizations — from manufacturing facilities to service industries and government agencies.
Q: What are some key elements of an EMS?
A: Key Elements
- Policy Statement - a statement of the organization’s commitment to the environment
- Identification of Significant Environmental Impacts - environmental attributes of products, activities and services and their effects on the environment
- Development of Objectives and Targets - environmental goals for the organization
- Implementation - plans to meet objectives and targets
- Training - ensure that employees are aware and capable of their environmental responsibilities
- Management Review
Q: Can existing environmental management activities be integrated into the EMS?
A: Yes. An EMS is flexible and does not require organizations to necessarily “retool” their existing activities. An EMS establishes a management framework by which an organization’s impacts on the environment can be systematically identified and reduced. For example, many organizations, including counties and municipalities, have active and effective pollution prevention activities underway. These could be incorporated into the overall EMS.
Q: Can EMS be used to assist with maintaining compliance?
A: Yes. Also check out the EPA Guidance on the Use of EMS in Enforcement.
Q: What are ISO, ISO 14000, and ISO 14001?
A: ISO stands for the International Standards Organization, located in Geneva, Switzerland. ISO is a non-governmental organization established in 1947. The organization mainly functions to develop voluntary technical standards that aim at making the development, manufacture and supply of goods and services more efficient, safe and clean.
ISO 14000 refers to a family of voluntary standards and guidance documents to help organizations address environmental issues. Included in the family are standards for Environmental Management Systems, environmental and EMS auditing, environmental labeling, performance evaluation and life-cycle assessment.
In September 1996, the International Organization of Standardization published the first edition of ISO 14001, the Environmental Management Systems standard. This is an international voluntary standard describing specific requirements for an EMS. ISO 14001 is a specification standard to which an organization may receive certification or registration. ISO 14001 is considered the foundation document of the entire series. A second edition of ISO 14001 was published in 2004, updating the standard.
Disclaimer: Nothing in the FAQs is to be implied or interpreted as legal opinion or advice in any form. Questions and Answers are those typically provided by people or businesses seeking environmental compliance or information related services. Your reliance on any information is solely at the user’s discretion. If you have a legal issue you should seek the services of an attorney. VRM can and does provide compliance support and other residual management services within a specific services agreement initiated with each client.
How VRM will help you
Q. Why do I need an environmental (residual management) company to assist with the disposal of my waste?
A. Regulatory requirements exist for how all special, hazardous, non-hazardous, or any manufacturing by-product must be handled to be environmentally-compliant. Our expertise allows us to classify and characterize your materials then determine / select the best treatment facility within the closest distance and most competitive price to serve your specific waste stream needs. We can eliminate the guesswork and assist in your management requirements from “cradle to grave”.
Q. How do I select the proper waste disposal service to suit my organization?
A. You should select a company that has extensive experience in the environmental arena. A Residual focused company like VRM has the knowledge and experience of actually managing waste in all regions of the country for more than 30 years. Our experience and relationships with a large group of varied facilities all over the country allow for the effective selection of a site that meets your needs as a waste generator.
Q. Am I responsible for the proper disposal of my hazardous waste? If so, what do I need to do to limit my liability?
A. Every generator whether they generate a hazardous or non-hazardous waste stream is responsible for the compliant and safe disposal of their wastes. The so called “cradle to grave” liability is impossible to ignore. Your only protection is by dealing with a company that follows all environmental laws, employs a staff of experienced environmental people.