Regulatory requirements and tools for environmental assessment of hazardous wastes: Understanding tribal and stakeholder concerns using Department of Energy sites

Many US governmental and Tribal Nation agencies, as well as state and local entities, deal with hazardous wastes within regulatory frameworks that require specific environmental assessments. In this paper we use Department of Energy (DOE) sites as examples to examine the relationship between regulatory requirements and environmental assessments for hazardous waste sites and give special attention to how assessment tools differ. We consider federal laws associated with environmental protection include the National Environmental Policy Act (NEPA), the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as well as regulations promulgated by the Nuclear Regulatory Commission, Tribal Nations and state agencies. These regulatory regimes require different types of environmental assessments and remedial investigations, dose assessments and contaminant pathways. The DOE case studies illustrate the following points: 1) there is often understandable confusion about what regulatory requirements apply to the site resources, and what environmental assessments are required by each, 2) the messages sent on site safety issued by different regulatory agencies are sometimes contradictory or confusing (e.g. Oak Ridge Reservation), 3) the regulatory frameworks being used to examine the same question can be different, leading to different conclusions (e.g. Brookhaven National Laboratory), 4) computer models used in support of groundwater models or risk assessments are not necessarily successful in convincing Native Americans and others that there is no possibility of risk from contaminants (e.g. Amchitka Island), 5) when given the opportunity to choose between relying on a screening risk assessments or waiting for a full site-specific analysis of contaminants in biota, the screening risk assessment option is rarely selected (e.g. Amchitka, Hanford Site), and finally, 6) there needs to be agreement on whether there has been adequate characterization to support the risk assessment (e.g. Hanford). The assessments need to be transparent and to accommodate different opinions about the relationship between characterizations and risk assessments. This paper illustrates how many of the problems at DOE sites, and potentially at other sites in the U.S. and elsewhere, derive from a lack of either understanding of, or consensus about, the regulatory process, including the timing and types of required characterizations and data in support of site characterizations and risk assessments.     

THE USE OF BIOLOGICAL CRITERIA IN ENVIRONMENTAL POLICY1

ABSTRACT: The hypothesis of this paper is that regulatory systems for the control of effluent released to the environment can be, if improperly designed, inadequate for both the establishment of effective pollution control policy and the assessment of the biological significance of violations. This inadequacy may stem from several factors: first, the use of single point standards which delineate the boundary between legally acceptable and unacceptable pollutant discharges; and second, the existence of significant weaknesses in the frequency and design of monitoring programs. In order to be effective, pollution standards must reflect the impact of pollutants on the ecosystem. To achieve this goal, three critical pieces of information are required: measurement of ambient levels of released pollutants, frequency distributions derived from these data, and estimates of biological damage functions. Illustrating the above three requirements with data drawn from research in British Columbia, the authors recommended a restructuring of environmental policy to provide regulatory agencies with an effective mechanism for the analysis and control of environmental degradation.     

Tidal circulation alteration for salt marsh mosquito control

Mosquito control ditches designed to increase tidal circulation are widely used as a physical control alternative to insecticidal applications The impact of such ditching on Pacific Coast marshlands was largely unknown before this five-year study of impact in two types of San Francisco Bay salt marshes, aSalicornia virginica (pickleweed) monoculure and a mixed vegetation marsh Results of our studies suggest that ditches cause less environmental disturbance than insecticidal applications The article describes the following environmental consequences of ditching for mosquito control: increased tidal flushing of soils occurs adjacent to ditches compared with that in the open marsh, thereby reducing ground water and soil surface salinities and water table height; primary productivity ofS. virginica, as determined by both the harvest method and infrared photographic analysis, is higher directly adjacent to ditches than in the open marsh, distribution of selected arthropod populations is similar at ditches and natural channels, although arthropod community response differs seasonally; aquatic invertebrate biomass is similar within ditched and natural ponds, but diversity is lower in ditched habitats, ditching increases fish diversity and density by improving fish access from tidal channels; ditches provide additional salt marsh song sparrow habitat, although ditches are less preferred than natural channels or sloughs. Management criteria can be used to design ditches that provide effective mosquito control and reduced environmental impact     

Maintaining quality focus with critical data

Total Quality Management measurement tools are often the very tools necessary to ensure compliance with the rapidly growing regulatory demand for data. At the same time, interest in the environment by average citizens, environmental groups, and regulatory agencies has put increasing pressure on environmental managers for “zero defects.” Violations and exceedances are actively pursued and are, at a minimum, made public to produce incentive for companies to comply. Even companies in compliance face pressure to further improve their performance. No business can afford the lost legal, operational, and public relations costs of noncompliance. There is no room for error. This article discusses the basic tools used at IBM Rochester to better manage and control some key environmental operations and shows how these basic control steps work in an actual wastewater treatment process at the facility.     

Modeling wilderness campsites: Factors that influence amount of impact

A standard campsite model is proposed and then manipulated to examine the influence of individual variables on amount of vegetation loss. Amount of impact is influenced by amount of use, vegetation fragility, vegetation density, and the degree to which activities are concentrated spatially on the site. Degree of concentration also influences the importance of the other explanatory variables. Amount of use and vegetation fragility are equally important determinants of impact and are most influential where activity concentration is low. The curvilinear relationship between amount of use and amount of impact can be explained by the tendency for activities to become increasingly concentrated as amount of use increases. This relationship should not vary with regional or environmental characteristics except where these influence degree of activity concentration.     

THE LOUISIANA ENVIRONMENTAL MANAGEMENT SYSTEM AND ITS UTILITY IN WATER RESOURCE PLANNING1

ABSTRACT: The Louisiana Environmental Management System (LEMS) is a data processing program developed to aid the Louisiana Joint Legislative Committee on Environmental Quality in decisions leading to resources legislation. Serving as a central data collection and retrieval point for various agencies, the LEMS will maintain assembled information on the location of monitoring stations and coordinate the files of user agencies with data on: land use; air and water quality; meteorological, climatological, and hydrological phenomena; vegetation; fish and wildlife conservation; population; and economics. This data is geographically stored in relation to the state plane coordinate system. For decision making, all pertinent hydrologic, topographic, engineering, cadastral, and other information from separate sources can be automatically mapped as a combined overlay to one of three chosen scales. Land-use patterns are the input data for iterative analyses of present conditions and simulated future human activities for assessing the environmental impact of proposed multiple-purpose water resource developments.     

The environmental regulator and industrial development

Environmental regulatory agencies' administrative procedures have a significant impact on plant location. The authors review the basic reasons why companies build new plants and the constraints they operate under during site searches. The relationship between these issues and the regulatory agencies' administrative procedures is then shown, as well as the manner in which these procedures influence the site search. On the basis of this discussion, recommendations are made about how state environmental protection agencies can assist site seekers in a manner consistent with their regulatory responsibilities.     

ECOLOGICAL MODELS AND ENVIRONMENTAL STUDIES1

The recent world-wide trend towards centralization of all environmental management functions into one regulatory agency has illustrated the necessity for resources management agencies to adopt a total systems viewpoint. Environmental systems are typically complex and multi-dimensional in nature. Mathematical models for the management of air, water and land resources have found wide acceptance among planners and decision-makers. Ecological models of life processes have not reached the same state of development or acceptance. A general review of ecological systems theory and examples of the types of ecological models that have been developed to date arc presented in this paper. With this material as a background and given the vast literature on engineering and economic models, a conceptual framework for an approach to environmental studies and the analysis of polluted environmental systems is presented.     

LCA in Japan: A survey of current practices and legislative trends and comparison to the United States

Interviews were carried out with Japanese firms and environmental agencies regarding their current practices regarding life-cycle assessment (LCA). The results of this informal survey are compared with an executive survey of U.S. Fortune 500 companies. The findings show that Japanese LCA activity has increased rapidly over the past four years with several government agencies involved in LCA. Private industry has also founded LCA forums and recycling centers. The primary Japanese LCA interests include use in ecodesign and ecolabeling with the main environmental efforts focused on design for environment. Solid waste was identified as the most significant current environmental problem in Japan, in contrast to the United States where atmospheric and liquid discharges are ranked equally important. Neither the Japanese nor EPA plan to use LCA as a regulatory tool. This article summarizes several LCA case studies performed in Japan and lists the agencies involved in LCA development, ISO 14000, and ecoauditing/ecolabeling. Some recent Japanese legislation affecting LCA is also reviewed.     

Using penalty functions to evaluate aggregation models for environmental indices

The purpose of indices is to summarize a large volume of information into a single number that is easy to understand and interpret. Environmental indices provide a composite picture of an environmental condition derived from a series of observed measurements and parameters. They are used as communication tools by regulatory agencies to characterize the state of a specific environmental system (air, water, and sediments) and to study the impact of regulatory policies on various environmental management practices. In the development of environmental indices, a few issues and problems have been encountered arising as a result of the abstraction of information and data. These problems are referred to as characteristic properties that include ambiguity, eclipsing, compensation and rigidity. These characteristic properties have long been identified and interpreted in Boolean (e.g., Yes/No) or qualitative (e.g., low, medium, high) terms. In this paper, we propose a new approach to describe the above stated characteristic properties on a continuous scale to evaluate and compare the behavior of various aggregation models. Our approach is based on developing penalty functions for each characteristic property. A water quality index example by Swamee and Tyagi (2000) is used to explain our approach. A detailed case study for a developing microbial risk index is also provided to show how the proposed approach can be extended to complex hierarchical systems. Results show that it is possible to improve aggregation models for index development. Future research directions to improve index development are also discussed.     

Auditing a flooded quarry prior to marina development

Development of a marina in a flooded brownstone quarry will require construction of a canal to the Connecticut River through an isthmus separating the two systems. An environmental audit over a 16-month period developed quantitative limnological data required by regulatory agencies. The deep quarry basin, protected by high sandstone walls, became strongly stratified in summer. Development of littoral vegetation in the quarry was prevented by the steep sides of the basin. Unusual characteristics of the manmade quarry basin, compared to most natural lakes in Connecticut, included a mean depth of 14 m, an intense thermocline, and negative heterograde oxygen profiles with metalimnetic minima. Alkalinity, conductivity, and nutrient levels differed significantly between the quarry and the river. Mean chlorophyll a concentrations in the two systems were similar, but the distribution of phytoplankton classes were quite different. The environmental audit, by comparing physical, chemical, and biological characteristics of the quarry to those of the river, allowed prediction of changes in trophic status when the two systems are joined.     

The computers and electronics industry alternative system of environmental protection: A new pilot program

New systems approaches by the U.S. Environmental Protection Agency (EPA) have attempted to prevent and limit environmental damages through multimedia management of resources, energy, and environmental impacts, while engaging communities, environmental groups, facilities, industries, states, and local agencies. Collectively these diverse interests have begun to partner with corporate management to work toward a shared vision of how multimedia management and multistakeholder participation can best evolve in concert with environmental management system approaches. This article analyzes one industry-specific program under the Common Sense Initiative, called an Alternative System of Environmental Protection (ASEP) for the Computers and Electronics Subcommittee. The significance of this working group's attempt to increase regulatory flexibility lies in its collective establishment of an alternative regulatory framework for an entire industry. Contrary to many other EPA single-facility pilot programs, this method cuts across the entire computer and electronics industry. The group hopes to achieve sector-wide regulatory improvements through a process providing funding for shared research, dynamic feedback, and technical assistance, while engaging in multistakeholder relationships with communities, workers, local governmental agencies, and other stakeholders.     

Ecological effects monitoring in environmental impact assessment: What can it accomplish?

The premise that, strictly speaking, impact monitoring is impossible, is presented and discussed It is shown that a wide range of published objectives for environmental effects monitoring can be seen as special cases of the basic goal of reducing uncertainty in predictions. Monitoring in environmental-impact situations can only be used as a check on one of the two time series required to define impact. Four approaches to generating the other time series required in the difference calculation of impact are discussed, with the conclusion that the best approach relies on process-based simulation models. Impact analysts are encouraged to consider carefully what can and cannot actually be accomplished with environmental monitoring to assist impact detection.     

The localized environmental degradation of protected areas adjacent to bird feeding stations: a case study of the Australian brush-turkey Alectura lathami

This study investigated the potential for wildlife feeding to artificially increase population densities of the Australian brush-turkey, Alectura lathami and assessed the indirect adverse effects that this may have on surrounding forest floor vegetation. Census counts and observations of feeding activity conducted in recreation areas of Australia's Gold Coast hinterland confirmed that brush-turkey population densities were significantly elevated by the provision of food by humans. Brush-turkey densities were high at sites where birds are actively fed, moderate at sites where birds feed opportunistically and low at sites where humans have negligible impact on local food availability. Brush-turkeys caused significant environmental impact at sites where their population densities have been substantially elevated by active feeding. Across all sites, increases in brush-turkey density were accompanied by a significant decline in ground cover, leaf litter weight, seed density and seedling density. Natural environmental variables such as gradient, vegetation type and canopy cover did not explain the observed impacts. The impacts were consistent with those described in trampling studies and suggest that at high density, even small animals can have significant trampling impacts on their local environment. This study demonstrates that wildlife feeding can have detrimental impacts on the integrity of local environments and recommends greater consideration of small animals and their potential indirect impacts when regulating wildlife feeding in National Parks and other nature conservation areas.     

Disturbance of natural vegetation by camping: Experimental applications of low-level stress

Previously undisturbed sites in four different vegetation types were camped on for one night and for four nights. Changes in vegetation cover and vegetation height were measured after camping and one year later. Results are presented separately for different campsite zones—parts of the site where campers slept, cooked meals, and stored their packs. Just one night of camping was sufficient to cause evident impact in all four vegetation types, although the amount of impact varied significantly between zones and between vegetation types. Vegetation impact on campsites used four nights was generally less than twice as severe as impact on the sites used one night. The effects of camping on vegetation were also predicted for 12 other vegetation types on the basis of vegetational responses to experimental trampling. These results suggest that impact can almost always be minimized by confining camping to a small number of campsites instead of dispersing use across many campsites.     

Assessing impacts of introduced aquatic species: Grass carp in large systems

Introduced species have created environmental benefits and unanticipated disasters so a priori assessments of species introductions are needed for environmental management. A checklist for assessing impacts of introduced species was developed from studies of introduced species and recommendations for planning introductions. Sterile, triploid grass carp (Ctenopharyngodon idella) are just beginning to be used as a biocontrol agent for the management of aquatic vegetation in open waterways. Potential impacts of grass carp in open systems were identified by reviewing grass carp biology relative to the impact assessment checklist. The potential consequences of introduced grass carp were reviewed for one case study. The case study demonstrated that conclusions about potential impacts and monitoring needs can be made despite incomplete information and uncertainty. Indicators of environmental impact and vulnerability of host systems were grouped into six categories: population control, hybridization, diseases and parasites, habitat alterations, biological effects, and management issues. Triploid grass carp can significantly alter habitat and biological resources through the secondary effects of reductions in aquatic vegetation. Potential impacts and significant uncertainties involve fish dispersions from plant control areas, inability to control vegetation loss, loss of diverse plant communities and their dependent species, and conflicts with human use of the water resource. Adequate knowledge existed to assess most potential consequences of releasing large numbers of triploid grass carp in Guntersville Reservoir, Alabama. However, the assessment of potential impacts indicated that moderate, incremental stockings combined with monitoring of vegetation and biological resources are necessary to control the effects of grass carp and achieve desirable, intermediate plant densities. Cooperators: Auburn University (Alabama Agricultural Experiment Station, Department of Fisheries and Allied Aquacultures, Department of Zoology and Wildlife Sciences), US Fish and Wildlife Service, Alabama Game and Fish Division, and the Wildlife Management Institute.     

Local opposition against high-voltage grids: public responses to agency-caused science–policy trolls

High-voltage (hV) transmission grids are projects of societal importance that potentially have controversial social and environmental impacts. Former research shows that public opposition is sparked by the perception of negative local impacts and unjust concessionary processes. In this paper, we complement these perspectives by assessing the institutional practices of the regulatory agencies in dealing with scientific uncertainties. The regulatory agencies’ ‘ways of doing things’ are often designed to serve policy and management needs. A critical point is that the demarcation between scientifically based facts, values and assessments is often blurred in the decision-making process. This paper draws on two Norwegian case studies to investigate how the regulatory agencies dealt with (1) electromagnetic fields and health risks and (2) overhead lines versus sea cables. We argue that ambiguities and uncertainties that arise in the hV transmission line processes create ‘trolls’, and we explore how the local inhabitants and affected stakeholders in the two cases responded to these and how it triggered further opposition. By investigating how and why trolls appear and are handled, we conclude by discussing how public opposition related to hV transmission grids may be reduced – and how some ‘trolls’ may crack.     

Informing or Empowering? Disclosure in the United States and the Netherlands

This paper studies the emergence of one particular 'new' environmental policy instrument: disclosure of emission and pollution data. Disclosure is part of a relatively new sub-set of regulatory measures, based on monitoring, transparency, citizen-empowerment and accountability. It originated in the United States but has recently attracted international attention. The attractiveness of disclosure is obvious; it promises environmental improvement combined with strengthened environmental democracy and community empowerment. By analysing the experiences in the US, and the developments in the Netherlands, this paper seeks to assess the functioning and effectiveness of disclosure. The available empirical evidence suggests that disclosure has a positive impact on the environmental performance of industrial facilities as well as a democratising effect. It is argued that Dutch policy makers wrongfully assume that disclosure cannot work in the Netherlands. The consequence is that citizens are provided with little specific information that cannot be used to put pressure on polluters.     

Woodlot scale: A method for rapid assessment of woodlot values

A method is described for the rapid survey and determination of the ecological value of woodlots. The three dominant tree species in a stand are given a visual ranking that is converted to awoodlot index through the use of species adaptation values. The woodlot index is scaled by presettlement vegetation type to yield awoodlot scale. The ecologically most valuable woodlots in a region are identified by using the woodlot scale and data on woodlot area, human disturbance, and tree density. The woodlot index corresponds closely to results from conventional methods of woodlot surveys. This method should be valuable to land-use planners for environmental impact assessment and regional planning.     

Modeling Protected Species Habitat and Assigning Risk to Inform Regulatory Decisions

In the United States, environmental regulatory agencies are required to use “best available” scientific information when making decisions on a variety of issues. However, agencies are often hindered by coarse or incomplete data, particularly as it pertains to threatened and endangered species protection. Stakeholders often agree that more resolute and integrated processes for decision-making are desirable. We demonstrate a process that uses species occurrence data for a federally endangered insect (Karner blue butterfly), a readily available habitat modeling tool, and spatially explicit information about an important Michigan commodity (tart cherries). This case study has characteristics of many protected species regulatory decisions in that species occurrence data were sparse and unequally distributed; regulatory decisions (on pesticide use) were required with potentially significant impacts on a viable agricultural industry; and stakeholder relations were diverse, misinformed, and, in some situations, unjustly contentious. Results from our process include a large-scale, empirically derived habitat suitability map for the focal species and a risk ranking of tart cherry orchards with risk based on the likelihood that pesticide applications will influence the focal protected species. Although the majority (77%) of pesticide-influence zones overlapped Karner blue butterfly habitat, risk scores associated with each orchard were low. Through our process we demonstrated that spatially explicit models can help stakeholders visualize and quantify potential protected species effects. In addition, model outputs can serve to guide field activities (e.g., species surveys and implementation of pesticide buffer zones) that help minimize future effects.