Legal Aspects of Bioremediation The rediscovery ofaNewof a ... · Legal Aspects of Bioremediation...

Legal Aspects of BioremediationThe rediscovery of a NewThe rediscovery of a New

Technology

Rodrigo Espiritu Santo Raba University of Houston

Law CenterMay 2011

Legal aspects of BioremediationLegal aspects of Bioremediation

• What is Bioremediation?What is Bioremediation?• Environmental Bioremediation can bedefined as a treatability technology thatdefined as a treatability technology thatuses biological activity to reduce theconcentration or toxicity of a pollutantconcentration or toxicity of a pollutant.

• It commonly uses process by whichi i f d dmicroorganisms transform or degrade

chemicals in the environment.


• Is Bioremediation a New Technology?Is Bioremediation a New Technology?History• The Romans and others built intricatenetworks of sewers for collectingwastewater which underwent subsequentbiological treatment.biological treatment.

• Roman architects planned, designed andconstructed sewage systems, whichconducted the polluted water to aconducted the polluted water to acollection vats and lagoons. In these sitesis where microorganisms did the work ofBiodegradation of organic waste.

Legal Aspects of BioremediationLegal Aspects of Bioremediation

• There is evidence of kitchen middensThere is evidence of kitchen middens(ancient household garbage dumps) and compost piles dates back to 600 B Ccompost piles dates back to 600 B.C.


• Bioremediation follows the chemical principleBioremediation follows the chemical principlethat every biochemically synthesized organiccompound could be potentially biodegradable.p p y g

• In principle, no organic compound has infinitepersistence built into its chemical structure. Inpersistence built into its chemical structure. Inline with this principle, somewhere there is aclass of microorganisms that possesses theg pmetabolic, enzymatic, or genetic potential todegrade every organic chemical.

Legal aspects of BioremediationLegal aspects of Bioremediation• So, how does Bioremediation works?

• Every living organism, including the bacteria and the microbes needthree key elements to survive, food, water and a surroundingenvironment which can be appropriate for growing and reproduction.pp p g g p

– The proper source for food for the bacteria and microbes should be carbon,which is also known as the nutritional substrate, in our particular case itwould be that contaminant agent. According with this, bioremediation useswould be that contaminant agent. According with this, bioremediation usesthe life‐cycle principle, of the bacteria in order to clean a contaminatedsite.

– Bioremediation uses the metabolic process to degrade or transformBioremediation, uses the metabolic process to degrade or transformcontaminants, so that they remain no longer in harmful form.


Th f f d f thoThe proper source for food for thebacteria and microbes should be carbon,hi h i l k th t iti lwhich is also known as the nutritional

substrate, in our particular case it wouldb th t t i t tbe that contaminant agent.


• In addition to such bio chemicalIn addition to such bio chemicalcharacteristics it’s important to keep inmind that given the fact that microbes aremind that given the fact that, microbes arealways present, it’s almost practicallyimpossible to find an environment‐free ofimpossible to find an environment free ofmicrobes.


• Professor Barry King said in his book “weProfessor Barry King said in his book, wehave an endless kind of “work force” whichbrings us to an infinite possible sites whichbrings us to an infinite possible sites whichwould be suitable for the use of abioremediation Technology”bioremediation Technology.King, Barry et al, Practical Environmental Bioremediation 3(Lewis Publishers ed.,

1998)

“What People Usually Think What People Usually Think of as Pollution, Bacteria Think of as LunchThink of as Lunch.” Michael KukukMissouri Environmental Law & Policy Review1996


• In the 1970s Ananda Chakrabarty• In the 1970s, Ananda Chakrabartyand his colleagues at General Electricdiscovered a strain of bacteria that isable to degrade some components incrude oil.

• Mr. Chakrabaty was awarded the firstU.S patent for a living organism thathad been genetically altered.had been genetically altered.

• Diamond v. Chakrabaty,477 U.S. 2204(1980).

• Mr. Chakrabaty, as a General Electrici bi l i fil dmicrobiologist, filed a patent

application, in which asserted theinvention of a bacteria capable ofbreaking down multiple componentsg p pof crude oil.


Types of dBioremediation

Legal aspects of BioremediationLegal aspects of Bioremediation• Phytoremediation: Is the use of plants toy premove pollutants from the environment or torender them harmless, its also calledPhytoextractionPhytoextraction.

• Bio augmentation: Is the addition ofmicroorganisms that can bio‐transform orgbiodegrade a particular contaminant.– This process consists in the artificially introductionof acclimated genetically altered or engineeredof acclimated, genetically altered or engineeredmicrobes into the soil or water, in order to degradeand metabolize hazardous organic chemicals.

Legal aspects of BioremediationLegal aspects of Bioremediation• Bio stimulation: This process consists in thepaddition of oxygen and/or inorganic nutrients toindigenous microbial populations in soil andgroundwater Taking advantage of the in situgroundwater. Taking advantage of the in situbacteria.

• Fungal remediation. Fungal‐ based remediation isg gan ex situ form of bioremediation, in whichhazardous organics are degraded or detoxified byfungi that are introduced into the contaminated soilfungi that are introduced into the contaminated soilvia a fungal inoculum, eg. Depleted Uranium, GulfWar.

LEGAL FRAMEWORKLEGAL FRAMEWORK


• CERCLACERCLA– Strict liability statute.Establish who is responsible for the disposal of– Establish who is responsible for the disposal of hazardous waste.

• § 9660 :• § 9660 :• “(b) Alternative or innovative treatment

h l h d d itechnology research and demonstration program”


• RCRARCRA– Regulates the generation, transportation,treatment, storage and disposal of Hazardouswaste.

– § 6903 establish what is consider as atreatment “ th d t h itreatment. “means any method, technique, orprocess, including neutralization, designed to changethe physical, chemical, or biological character orcomposition of any hazardous waste so as toneutralize such waste or so as to render such wastenonhazardous,..”nonhazardous,..


• TSCATSCA– EPA has contended since 1984 that thedefinition of a “chemical substance” in TSCA isdefinition of a chemical substance in TSCA isbroad enough to include the geneticallyengineered microorganisms developed throughg g p gbiology.

– Microbial Products of biotechnology• Intergeneric Microorganisms


• Oil Pollution ActOil Pollution Act• § 1011 establish the following;

“The President shall consult with the affectedtrustees designated under section 1006 on theappropriate removal action to be taken inconnection with any discharge of oil”


• Marine Mammal Protection ActMarine Mammal Protection Act• Endangered Species Act

Th S l h ld b– These Statutes regulate what would be considered as a “taking”.


• DOWNSIDES OF BIOREMEDIATIONDOWNSIDES OF BIOREMEDIATION

BEST DEMONSTRATED AVAILABLE– BEST DEMONSTRATED AVAILABLE TECHNOLOGY

– THE DERIVED FROM RULE under RCRA

– Lack of knowledge of this technology

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