Geog 239_ Lab 7
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Lab 7: Environmental Law in the US since 2010: Superfund and RCRA
Daniel Gibbons
10/04/23
Dr. Laura Pangallozzi
Geog 239
1.
Describe the discovery of toxic waste that was the immediate cause of the passage of
Superfund
A community called Love Canal was built on top of what was once a toxic waste dumping
ground and brought major attention to the issue of proper waste management. Chemicals in
alarming concentrations were found in people’s homes, backyards, and playgrounds. Residents
suffered immediate effects such as lesions and burns as well as chronic effects such as
leukemia and birth defects.
2.
When, according to Collins, did a wide range of synthetic chemicals, most with
petroleum, begin to be sold, creating new chemicals with unknown toxicities?
It occurred during the second half of the twentieth century.
3.
Name at least one problem associated with petrochemical products.
Petrochemical products are not biodegradable and linger in the environment and poison their
surroundings for a prolonged period.
4.
Describe briefly the provisions of CERCLA at the time the Carter administration
presented it to Congress.
CERCLA would make companies that dump toxic waste responsible for cleaning up any
contaminants produced by their business practices.
5.
How did Congress initially fund the ‘Superfund’ for decontaminating ‘orphan’ sites?
CERCLA enforced a tax on 43 dangerous chemicals produced by the country's largest chemical
companies, and the taxes collected were put into the superfund.
6.
What benefit did the oil industry receive in exchange for conceding, despite heavy
lobbying, to a tax on crude oil to pay for a superfund? In other words explain the
‘petroleum exclusion’.
They were able to freely dump petroleum wastes even though they are extremely toxic, which
saves the companies a lot of money, but harms the environment, as many superfund sites today
are contaminated with petroleum-based waste.
7.
Explain what happened in 1994 to the petrochemical taxes that subsidized Superfund.
Bush did not include CERCLA’s “polluters pay” policy in his tax budget proposal, so the
responsibility of financing the superfund shifted to the taxpayers.
8.
Does Collins think the threat of liability has been effective? Explain.
No, Collins brings up the heavy amounts of toxic waste dumping General Electric did before
CERCLA’s enforcement, and how they have done and will do nothing to contribute to its cleanup
until they find a way to make them liable under CERCLA or some other policy.
9.
Describe briefly what dioxin is.
Dioxins are a family of 219 highly toxic chemicals created in the production of herbicides, wood
preservatives, and germicides as well as the incineration of some solid waste.
10. What sites are known to be contaminated with dioxin?
Dioxins had been sprayed at dozens of sites in Eastern Missouri, and some of the sites became
unfit to support human life.
11. What are its effects on the human body?
Dioxin is thought to be carcinogenic and produces birth defects, but along with that, it causes
blisters and scars to erupt on the skin, sometimes so severe that it leads to permanent
disfigurement.
12. Who do you think should pay for cleanup of past environmental hazards?
I think whoever produced the waste and is responsible for its irresponsible disposal should pay
the price of that environmental hazard even if the incident is passed. If no one is at fault the
government should pay for the cleanup in the best interest of their citizens' welfare.
13. Describe RCRA.
The RCRA is the United States' primary law governing the disposal of solid waste and
hazardous waste. This law was formed in response to the increasing problems the nation faced
from our growing volume of municipal and industrial waste.
14. Environmental advocates want to see what they call a “zero waste” policy for hazardous
waste. Collins argues that the “technology-forcing-legislation” that could lead to such an
outcome had been used in the past. What examples does he mention?
He mentions the examples of eliminating lead in gasoline and the complete ban of CFCs and
their success.
15. Why is he skeptical about the possibility of implementing a Zero Waste Policy?
It would violate the RCRA’s promise to avoid interference in the production process and would
force companies to be accountable to the public for their decisions. This would never fly with
these companies that so deeply value being able to do whatever they want with whatever they
want whenever they want.
16. What are Waste-To-Energy plants, according to Collins?
Waste-to-energy plants are hazardous waste incinerators disguised as a new form of energy
production and clean waste disposal, that didn’t turn out to be too safe.
17. What spurred the move to incineration of hazardous waste?
Communities were fed up with the expense and danger toxic landfills posed.
18. For how long was the tax suspended?
The Superfund tax was suspended for 21 years.
19. Contrast and compare the response of the business community and Collins. In a couple
paragraphs, explain who you think is right. Justify your answer with a reasoned
argument. If you take the point of view that the chemical industry should not be
responsible for funding past environmental cleanup (and their mainstream legal
arguments to justify this), explain who you think should pay for the cleanup of toxic waste
sites.
Craig Collins and the business industry have quite polar opposite views when it comes to
holding companies accountable for the cleanup of their toxic wastes. Collins as an
environmentalist of course fights for zero waste(though he has to compromise for source
reduction) and believes that companies should be held entirely accountable for all waste they
produce and its cleanup. The business industry thinks that the government should stay out of
the process of production, and doesn’t care to see environmental health thriving, as much as
they would like to see businesses thriving.
I agree with Craig Collins, and the environmentalist point of view when it comes to this issue. It
is a basic principle that you are responsible for your wastes, and I believe this principle is
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especially important in the case of chemical dumping. I believe that the way these companies
dump and fight to keep dumping toxic wastes the way they do is inherently greedy and
inconsiderate of the welfare of the communities and environment affected.
20. In a paragraph or two describe the issue you have chosen and the role Superfund/RCRA
played.
The Superfund and RCRA laws collaborate to address the issue of contaminated landfills and
hazardous waste storage sites. The Superfund program, established under CERCLA, provides
funding and authority to the EPA for the cleanup of these contaminated sites when responsible
parties are unable or unwilling to do so, thus safeguarding public health and the environment
from hazardous waste exposure. Simultaneously, RCRA plays a critical role in regulating the
proper management and operation of waste facilities to minimize contamination risks and
prevent the creation of new hazardous waste sites. Together, Superfund and RCRA work in
tandem to remediate existing contamination and enforce waste management practices that
reduce the likelihood of future contamination, ensuring comprehensive protection for the
environment and public health in the face of hazardous waste challenges.
21. On the basis of the issue you have chosen, evaluate the implementation of the
Superfund/RCRA. Has it been successful, completely compromised or something else?
Yes, in the case of toxic landfills, the Superfund/RCRA seems to cast a net wide enough to
address the issue. Though I’m sure there are more than a few instances where the Superfund
and RCRA came to no help in cases of toxic landfills the funds and authority are there in theory.