Free Environmental Agency FAQs | Free Environmental Agency Legal FAQs

What Is The National Environmental Policy Act Of 1969?

Tue, 29 May 2007 21:19:00 GMT

The National Environmental Policy Act of 1969 required the federal government to make a commitment in working with both state and local governments to monitor the effect federal projects would have on the environment.

What Is The Council On Environmental Quality?

Tue, 29 May 2007 21:19:00 GMT

The Council on Environmental Quality was established by the National Environmental Policy Act of 1969. It annually reports to the president about the current state of the environment and what measures can be taken to protect the environment.

What Is The Environmental Protection Agency?

Tue, 29 May 2007 21:19:00 GMT

President Richard Nixon created the Environmental Protection Agency (EPA) in 1970. It administers the vast majority of environmental laws and also coordinates environmental policies. Some of the many additional 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 adhering to the environmental regulations.

What Is The Clean Air Act?

Tue, 29 May 2007 21:19:00 GMT

The Clean Air Act was established in 1955. In 1970, the responsibility for setting airquality 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 phaseout 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.

What Is The Federal Water Pollution Control Act?

Tue, 29 May 2007 21:19:00 GMT

The Federal Water Pollution Control Act became a law in 1948. It initially dealt with pollution from the discharge of waste that came from sewagetreatment, 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.

What Is The Safe Drinking Water Act Of 1974?

Tue, 29 May 2007 21:19:00 GMT

The Safe Drinking Water Act of 1974 requires the EPA for ascertaining what chemicals and other substances contaminate water and for establishing acceptable levels for bacteria, lead, radioactive substances and other chemicals in public drinking water.

What Is The Lead Contamination Control Act?

Tue, 29 May 2007 21:19:00 GMT

The Lead Contamination Control Act, which was established in 1988, prohibits producing water coolers that contain leadlined tanks. Coolers that already contained lead were recalled.

What Is The Marine Protection, Research And Sanctuaries Act?

Tue, 29 May 2007 21:19:00 GMT

The Marine Protection, Research and Sanctuaries Act was enacted in 1972. It grants the EPA the power to require companies to get a special permit before dumping waste into the ocean. It also grants the EPA the power to designate which areas can be used for dumping.

What Is The Federal Insecticide, Fungicide And Rodenticide Act?

Tue, 29 May 2007 21:19:00 GMT

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.

What Is The Resource Conservation And Recovery Act?

Tue, 29 May 2007 21:19:00 GMT

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 materials is required to obtain from the EPA a permit.

What Is The Comprehensive Environmental Response, Compensation, And Liability Act?

Tue, 29 May 2007 21:19:00 GMT

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.

What Is The Oil Pollution Act?

Tue, 29 May 2007 21:19:00 GMT

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.

What Is The Endangered Species Act?

Tue, 29 May 2007 21:19:00 GMT

The Endangered Species Act was enacted in 1973. It allows the Department of the Interior to protect wildlife and endangered species. It is a crime to buy, sell, possess, import or export endangered species including, but not limited to, the grizzly bear, ocelot, ivorybilled woodpecker, Florida panther, red wolf, etc.

What Is The Wilderness Act Of 1964?

Tue, 29 May 2007 21:19:00 GMT

The Wilderness Act of 1964 was to preserve wilderness areas by designating them as national forests.

What Is The Freedom Of Information Act?

Tue, 29 May 2007 21:19:00 GMT

The Freedom of Information Act requires the government to disclose its records to the public at large. For example, this act would allow someone to request the Environmental Protection Agency to release records that reveal if a certain building contains asbestos. Information that cannot be revealed includes data regarding

National defense and foreign policy secrets;
Trade secrets;
The agency`s rules and practices regarding its personnel;
Interagency legal and policy documents;
Personnel files and other records whose disclosure would invade someone`s privacy;
Documents involving financial institutions and
Some geological surveys.

If the requested information has already been disclosed to the public, the agency does not have to reveal it again. If you do not know which governmental agency can supply you with the information you need, you can contact the Federal Information Center at PO Box 600, Cumberland, Maryland 21502 or at the following phone numbers:

SITUATION	TELEPHONE NUMBER
Eastern Time Zone	(800) 3471997
Central Time Zone	(800) 7358004
Mountain Time Zone	(800) 3593997
Pacific Time Zone	(800) 7264995
Alaska	(800) 7298003
Hawaii	(800) 7335996
If you are deaf and use telecommunication devices	(800) 3262996

The agency must inform you whether it will grant your request within ten days of receiving your request. If an agency denies your request, it must tell you why and inform you of your right to appeal its decision through the federal court system. Usually courts are reluctant to rule against an agency`s decision.

What Is The Occupational Safety And Health Act Of 1970 And The Occupational Safety And Health Administration?

Tue, 29 May 2007 21:19:00 GMT

The Occupational Safety and Health Administration (OSHA) is the governmental agency which administers the Occupational Safety and Health Act which protects laborers from job related hazards. Most businesses are required to adhere to the Occupational Safety and Health Act laws. Some businesses that are exempt from this law are familyowned farms and selfemployed individuals. Also industries that are covered by other federal laws, such as airlines and nuclearenergy plants are exempt from OSHA laws. An OSHA compliance officer can inspect a work area if he has a warrant or the employer granted the officer permission. If the officer believes there is a violation of the OSHA laws, the employer will be given a citation stating what the violation and monetary penalty is. The Department of Labor then decides whether to impose the penalty. If you believe your workplace is not safe, you can file a complaint with the state OSHA office. Your employer cannot fire you for filing the complaint. If your employer seems to be discriminating against you because of the complaint you filed, you can file a complaint claiming discrimination. You can only do so, however, within thirty days after you discovered your employer was discriminating against you because you filed a complaint against the employer. An employer can challenge a citation. An administrative judge usually hears the challenge. The Occupational Safety and Health Review Committee can review the judge`s decision, if one of its members deems it necessary. Whether the citation is uphold, modified or overturn is based on the judge`s original decision or the committee`s review.

What Is The Clean Water Act?

Tue, 29 May 2007 21:19:00 GMT

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.

What Is The U.S. Environmental Policy Act?

Tue, 29 May 2007 21:19:00 GMT

This legislation sets the tone for the core policy of the Environmental Protection Agency. The NEPA came about as an attempt by Congress to establish a coherent national policy that works, in cooperation with local governments and private concerns, to restore, maintain, and protect, important natural resources, and to strike a balance between environmental needs and the needs of an ever evolving technological world. The following quote from the EPA may provide a bit more clarity into this legislation:

The purposes of this Act are: to declare a 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; and to establish a Council on Environmental Quality.

You can find detailed information on this Act by writing to the EPA at

Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
(202) 2602090

Where Can I Make An Official Complaint Against A Person Or Business That I Believe Is Illegally Polluting The Air Or Water?

Tue, 29 May 2007 21:19:00 GMT

Complaints should be sent to the EPA Tips and Complaints by calling the EPA at (202) 2602090, or your local, or state agencies.

What Exactly Are The Protections Afforded To Endangered Or Threatened Species?

Mon, 04 Jun 2007 21:51:22 GMT

The Endangered Species Act of 1973 makes it illegal for governmental agencies or private individuals to take or harm (including habitat) of any endangered or threatened species. To take means to kill or harm the species, and its definition also extends to any negative impact, modification, or degradation, of its habitat where it effects behavior such as breeding, migration, as well as other normal behavioral characteristics.

Is There A Web Site Where Can I Find The Epa Air Emission Standards Or Operational Legal Limits For My Small Business?

Mon, 04 Jun 2007 21:51:22 GMT

Try your local state clean air office, or your regional EPA office.

Where Can I Find Up-To-Date Regulations Concerning Air Quality Standards For Smog And Particulate Matter?

Tue, 29 May 2007 21:19:00 GMT

EPA issued final air quality standards for particulate matter and ozone (otherwise known as soot and smog) on July 16, 1997. This page provides access to plain English fact sheets and the complete text of the rules. There are also several fact sheets related to President Clinton`s June 25, 1997 announcement of the decision on the new standards.

The Epa Will Prosecute Polluters On Behalf Of The General Public, But What If Someone Pollutes Your Land? Who Will Stop Them?

Tue, 29 May 2007 21:19:00 GMT

Unfortunately most of environmental laws are setup to protect the general public`s interests, and not that of an individual`s personal property. The law provides for the environmental agencies to stop polluters, and to make them pay for damage done to the environment in so much as it belongs to the general public.

However, the law does provide a means for you to seek repayment for someone damaging the environment on your property. They are not the usual environmental laws that we have talked about. They are actually some of the oldest laws we have. As a group, they are referred to as tort law.

The first thing that you may want to consider is to hire an attorney. These situations can become very complicated because a very broad range of laws often apply, and every case has its unique characteristics. Together they can create a very complicated case.

Let`s look at a couple of examples of how tort laws may help you when environmental laws cannot! If a business next to your property vents toxic emissions, and they spread over your property damaging plant and animal life making much of your land unusable, the business owner may be guilty of trespass. This is where someone deprives you of the use or enjoyment of your property. If the business owner knew or should have known that his activity would put your land at risk, then he may be found to be negligent. If it was done with evil intent (maliciously), then the business owner may be found guilty of committing these crimes with malice! This substantially raises the seriousness of the crime, and increases the potential amount of money that you could be awarded by the court.

When your property is damaged due to someone`s pollution, you can seek restitution. However, unlike situations where there is damage to public property and environmental agencies prosecute the wrong doer, you may have to prosecute the polluter yourself. Hopefully, you will hire an attorney to do this for you!

What Are Some Of The More Common Environmental Violations That Can Result In Serious Penalties?

Tue, 29 May 2007 21:19:00 GMT

If you review the cases provided by the EPA, there seems to be a broad variety of violations resulting in serious penalties. The more serious ones result in surprisingly severe penalties! The EPA is unmistakably serious about protecting the environment, and they are very serious about everyone following the laws that protect the environment.

Just reviewing some of the more recent cases, I was surprised at the number of individuals that went to jail! These were for violations concerning misuse or illegal use of refrigerants!

The take away message is: If you work in a profession that has anything to do with airconditioning or any cooling systems, or any industry that vents emissions into the air, water, or dumps anything onto the soil, make sure you find out the proper procedures for handling it.

In addition, whenever you have a spill, or any unintended emission of a potential contaminant, the best thing to do is let the EPA or your state environmental office know about it immediately! The EPA is surprisingly willing to try to work with you to avoid sanctions as long as you do the following: Routinely check for problems, immediately notify them of spills or unintended emissions, immediately take steps to fix the source, and take measures to cleanup the spill.

You should report any spill/violation within ten days of the occurrence, and immediately take steps to solve the cause, clean up the pollution, and audit your own system to prevent further problems.

There are some situations when penalties are hard to avoid! If you as an individual or your business has already been inspected for problems, or if you had problems and you have not handled them in the way described above, then it may be difficult to avoid a penalty.

Consider the following: If you wait more than ten days to report an accident, if you waited until someone turned you in, if you have demonstrated a pattern of problems during the past five years, or if you had the same problem in the same plant during the past three years, it will be difficult to avoid a penalty.

You can almost be guaranteed a penalty in cases where you have an environmental accident that is particularly dangerous, or if it is due to poor implementation of any required monitoring or sampling.

There are many environmental regulations that have their own specific requirements for reporting an illegal release of a substance. It can make it difficult to know what to do in any given situation. Some regulations even require you to publish a notice to all individuals that may have been exposed to your unexpected release of emissions or spill into a waterway!

A good rule of thumb is to always report any unintentional release of a potential pollutant to your state agency or the EPA as soon as possible! Ask them to give you a written document listing everything that you need to do! Do everything you can to clean up the pollution, and diligently audit your own pollution control system.

Free Smoking In The Workplace FAQs

Sun, 29 Nov 2009 16:36:40 GMT

Free Smoking In The Workplace FAQs