Environmental Health Regulation
Environmental Health Regulation
Regulation
(EHS 7O1)
Dr. OYEKU, O. T.
Dept. of Environmental Health Sciences,
Faculty of Public Health,
College of Medicine,
University of Ibadan, Nigeria
Lecture Outline
* Main objectives of environmental health regulations
- to safeguard the better environment and environmental conditions
• Growth of Environmental Health Policies
• Regulatory Systems
• Several Significant Regulations
• Clean Air Act (CAA)
• Clean Water Act (CWA)
• Endangered Species Act (ESA)
• Safe Drinking Water Act (SDWA)
• Resource Conservation and Recovery Act (RCRA)/Hazardous and Solid Waste
Amendments (HSWA)
• Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)/Superfund Amendments and Reauthorization Act
Preambles
• Environmental health laws are legal rules that are aimed at the protection of human
health from risks arising from the environment. This includes those ‘human –made’
risks resulting from interactions between human beings and the environment (e.g.
air, water pollution).
These norms can change over time.
• For example, most people in the 1940s and 1950s took smoking for granted,
including in public places.
• Now tobacco companies have settled billions of dollars worth of lawsuits against
their products, many jurisdictions ban smoking in public buildings, and smoking is
frowned upon socially in ways that would not have occurred to people fifty years
ago.
• In the last forty years in the industrialized nations, stronger environmental laws have
resulted in cleaner air, safer drinking water, and recovery of some rivers and lakes
that in 1970 had unacceptable levels of pollution for fishing and recreation.
Growth of Environmental Health
Policies
• Environmental law grew rapidly in scope and complexity between 1970 and 1990,
and it provides the foundation for many, though not all, environmental health
policies.
• Whilst, Statutory law refers to rules enacted by a legislative body, common law
grows out of court decisions that establish precedents, and regulations are rules
issued by executive branch agencies and based on statutory law.
• Regulations are mandatory requirements that can apply to individuals, businesses,
state or local governments, non-profit institutions, or others (epa.gov).
• In the environmental arena, statutes and regulations specifically adopted by
governments under a constitutional framework now hold a preeminent place in
our society. However, statutory law, common law, and regulations are all
influenced by cultural and institutional norms..
Regulatory Systems
• All regulatory systems under environmental statutes have common
elements
• Planning and priority setting
• Standard setting
• Permitting
• Monitoring and surveillance
• Enforcement
Who sets the standards?
• Typically minimum standards are set by the Federal government; States
may have standards that are stricter than Federal, they may not have
standards that are more lax than Federal (US EPA, the U.S. Department
of Agriculture (USDA), the U.S. Food and Drug Administration (FDA),
Cooperative Federalism =
Federal/State Partnership
• This entails
• Nationwide environmental planning
• Research and demonstration
• Standard setting at the federal level
• Delegation of legal authority to consenting states for
• Local environmental planning
• Set more stringent standards
• Administer permit systems
• Carry out monitoring, surveillance, and enforcement
Example: Federal supplementary Gazette on
National Environmental Health Practice
Regulation Vol. 103 No.27, Commenced 15th Feb.
2016 (Part I— Purpose and Scope 1)
(1) These Regulations intend to—
(a) provide a guideline for the enforcement of the regulatory powers in the Act;
(b) prevent and abate nuisance, protect, preserve and promote the physical and social well-being of the
public;
(c) prevent and control the incidence of communicable diseases through environmental health
intervention;
(d) reduce environmental hazards to health, safeguard and maintain aesthetic value of the environment;
(e) promote the general welfare o f the public by regulating the sanitary construction and sanitation of
all premises; and
(f ) regulate private and public sector collaboration for purposes of maintaining adequate sanitation and
promotion of public health and safety.
.
Part IV –Food Sanitation
2. These Regulations shall apply uniformly in the abatement of nuisance,
renovation, maintenance, use or occupation of all premises nationwide
For instance: For Premise to be approved;
• Regulation 41: States that for every food cooked /uncooked including Bread and
other confectionaries shall not be exposed, served or sold to the public without
facility from where such food is produced being approved by the Environmental
Health Authority having Jurisdiction in that area in line with applicable standards.
What if the regulation is contravened?
• N0.39: A person, an establishment or Company that contravenes any of the
provisions of this part is liable on conviction to a fine not exceeding #50,000 for
individuals and #250,000 for corporate bodies or 6 months imprisonment or MD
Several Significant Regulations
• Clean Air Act
• Clean Water Act
• Endangered Species Act
• Safe Drinking Water Act
• Resource Conservation and Recovery Act/Hazardous and Solid Waste
Amendments
• Comprehensive Environmental Response, Compensation, and Liability
Act/Superfund Amendments and Reauthorization Act
Clean Air Act (CAA)
• Congress established much of the basic structure of the Clean Air Act in 1970, and
made major revisions in 1977 and 1990.
• To protect public health and welfare nationwide, the Clean Air Act requires EPA to
establish national ambient air quality standards for certain common and widespread
pollutants based on the latest science.
• EPA has set air quality standards for six common “criteria pollutants":
1. particulate matter (also known as particle pollution),
2. ozone,
3. sulfur dioxide,
4. nitrogen dioxide,
5. carbon monoxide,
6. and lead
• The Federal Water Pollution Control Act of 1948 was the first major U.S. law to
address water pollution. Growing public awareness and concern for controlling
water pollution led to sweeping amendments in 1972. As amended in 1972,
the law became commonly known as the Clean Water Act (CWA).
• The Love Canal came from the last name of William T. Love, who in the early
1890s envisioned a canal connecting the Niagara River to Lake Ontario
• He hoped to serve the area's burgeoning industries with much needed hydro
electricity
• By the 1940s, Hooker Electrochemical Company began searching for a place to
dump the large quantity of chemical waste it was producing
Clean Water Act