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Main US Environmental
Laws
This section
provides an overview of the main US environmental laws. We first broadly
describe five major laws, the Clean Air Act (CAA), the Clean Water Act
(CWA), the Safe Drinking Water Act (SDWA), Resource Conservation and Recovery
Act (RCRA), and the Comprehensive Environmental Response, Compensation,
and Liability Act/Superfund Amendments and Reauthorization Act (CERCLA/SARA).
Please note
that the following summaries do not
detail each program within each law, and do not discuss the original requirements
of the law versus later amendments.
Clean
Air Act
Primary objective - human health
Secondary objective - non health such as aesthetics, agriculture, etc.
The CAA
divides the country into air quality regions. The CAA also sets goals
for the concentration of various pollutants in the ambient (surrounding)
air. These goals are set so that the health risk from the various pollutants
is essentially zero. The ambient air pollutants are CO, HCs, Pb, NOx,
SOx, ozone, and particulates. The CAA established technology-based emission
standards for specific industry categories (SICs). These standards specify
the technology and the emission limits that are allowed for pollutants
discharged to the air. The original focus of the CAA was on "point
sources" of pollution, however the CAA does include technology requirements
for mobile sources such as automobiles. The 1990 amendments added air
toxics to the regulation. Air toxics are controlled by technology-based
standards that are set for various industrial categories. There are no
ambient air goals for air toxics.
Clean
Water Act:
Primary objective - eliminate discharge of all pollutants
Secondary objective - restore and maintain the quality of the nation's
waters so they are fishable and swimmable waters
The current
trend is towards regions setting watershed specific goals for principal
pollutants (oxygen demand, nutrients, pathogens, suspended solids, salts,
toxic metals, toxic organics, heat, and pH). The CWA established technology-based
effluent standards for specific industry categories. These standards specify
the technology and effluent limits that should be used to treat wastewater
prior to disposal in a water body. Originally this regulation provided
federal funding for the construction of secondary wastewater treatment
plants for municipal wastewater. The original focus was on industrial
point sources of pollution, however the 1987 amendments added requirements
for the control of non point source pollution such as agricultural and
urban runoff.
Safe
Drinking Water Act:
Primary objective - ensure potable water (safe for human health)
Secondary objective - ensure palatable water (aesthetics such as taste,
color, odor)
Tertiary objective - protect the quality of underground sources of water
The SDWA
has four categories of standards that water suppliers must meet. The categories
are physical, chemical, microbiological, and radiological. The physical
standards include guidelines for total solids, suspended solids, dissolved
solids, turbidity, color, tastes, odors, and temperature. These are nonenforceable
standards aimed at improving palatability of the water supply.
The chemical
standards set maximum contaminant levels (MCLs) for various chemical contaminants.
These MCLS must be met and are enforceable. The SDWA also sets more stringent
maximum contaminant level goals (MCLGs) that are not enforceable. Similarly,
there are MCLs, MCLGs, and technology standards for microbiological contaminants.
And, there are MCLs and MCLGs for radiological contaminants.
Resource
Conservation and Recovery Act/Hazardous and Solid Waste Amendments:
Objective - manage the generation, storage, transport, treatment and disposal
of solid and hazardous wastes from operating facilities, and minimize
waste disposal to land
RCRA/HSWA
is divided up into various sections that regulate various activities.
One section details how a waste can be characterized as a solid waste
and as a hazardous waste. Another section details a tracking framework
for hazardous waste that includes a paper trail from the time the waste
is generated to when it is finally disposed. Another section details requirements
for facilities that treat, store, or dispose of hazardous waste. These
requirements must be met before a facility is granted a permit to operate.
Another section details requirements for the design of solid waste landfill
facilities. Another section specifies how the various hazardous wastes
must be treated before disposal. Additional sections exist for special
issues such as underground storage tanks.
Comprehensive
Environmental Response, Compensation, and Liability Act/Superfund Amendments
and Reauthorization Act:
Objective
- clean up abandoned hazardous waste sites and spills, and provide for
community right-to-know of industrial waste management practices
CERCLA/SARA
establishes a fund (known as Superfund) that provides money to clean up
abandoned hazardous waste sites that pose a significant risk. The fund
is based on taxes assessed to the chemical and petroleum industry. Sites
are eligible for these funds if they pose enough risk to be included on
the National Priorities List (NPL). CERCLA/SARA also establishes a National
Contingency Plan that details emergency response information for chemical
spills. The law details the cleanup procedure (Remedial Investigation/Feasibility
Study) that is to be used for abandoned hazardous waste sites. And, the
law establishes a liability framework that provides for strict, joint,
and several liability for the cleanup of abandoned hazardous waste sites.
In addition to cleanup, CERCLA/SARA has a community right-to-know provision.
This provision known as SARA Title III or the Toxics Release Inventory
requires industry to report bienially the emissions and management of
regulated chemicals.
More recently,
the emphasis in environmental regulations has been on voluntary pollution
prevention activities that prevent/reduce the waste from being generated
in the first place. The 1990 Pollution Prevention Act describes a waste
management hierarchy that prefers waste management techniques in the following
order from most preferred to least preferred:
- Reduction
- Reuse
- Recycle
- Treatment/transformation
- Disposal
Table X.X
below gives the EPA's summaries of main environmental laws when available,
and our own brief descriptions when summaries are not available. We also
provide links to many of the full-text articles, available either from
the EPA or from Cornell University's Legal
Information Institute .
Federal
Food, Drug, and Cosmetic Act
1938 |
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| Federal
Insecticide, Fungicide, and Rodenticide Act 1947 |
The
primary focus of FIFRA was to provide federal control of pesticide
distribution, sale, and use. EPA was given authority under
FIFRA not only to study the consequences of pesticide usage
but also to require users (farmers, utility companies, and
others) to register when purchasing pesticides.
Through later amendments to the law, users also must take
exams for certification as applicators of pesticides. All
pesticides used in the U.S. must be registered (licensed)
by EPA. Registration assures that pesticides will be properly
labeled and that if in accordance with specifications, will
not cause unreasonable harm to the environment.
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Federal Water Pollution Control Act (also known as the
Clean Water Act)
1948 |
Growing
public awareness and concern for controlling water pollution
led to enactment of the Federal Water Pollution Control Act
Amendments of 1972. As amended in 1977, this law became commonly
known as the Clean Water Act. The Act established the basic
structure for regulating discharges of pollutants into the
waters of the United States. It gave EPA the authority to
implement pollution control programs such as setting wastewater
standards for industry. The Clean Water Act also continued
requirements to set water quality standards for all contaminants
in surface waters. The Act made it unlawful for any person
to discharge any pollutant from a point source into navigable
waters, unless a permit was obtained under its provisions.
It also funded the construction of sewage treatment plants
under the construction grants program and recognized the need
for planning to address the critical problems posed by nonpoint
source pollution.
Subsequent enactments modified some of the earlier Clean Water
Act provisions. Revisions in 1981 streamlined the municipal
construction grants process, improving the capabilities of
treatment plants built under the program. Changes in 1987
phased out the construction grants program, replacing it with
the State Water Pollution Control Revolving Fund, more commonly
known as the Clean Water State Revolving Fund. This new funding
strategy addressed water quality needs by building on EPA-State
partnerships.
The CWA provisions, as expressed in the amended law, are available
by Title In Portable Document File (PDF) format.
Full
text of the Clean Water Act
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Clean
Air Act
1955 |
The
Clean Air Act is the comprehensive Federal law that regulates
air emissions from area, stationary, and mobile sources. This
law authorizies the U.S. Environmental Protection Agency to
establish National Ambient Air Quality Standards (NAAQS) to
protect public health and the environment.
The goal of the Act was to set and achieve NAAQS in every state
by 1975. The setting of maximum pollutant standards was coupled
with directing the states to develop state implementation plans
(SIP's) applicable to appropriate industrial sources in the
state.
The Act was amended in 1977 primarily to set new goals (dates)
for achieving attainment of NAAQS since many areas of the country
had failed to meet the deadlines. The 1990 amendments to the
Clean Air Act in large part were intended to meet unaddressed
or insufficiently addressed problems such as acid rain, ground-level
ozone, stratospheric ozone depletion, and air toxics.
Full
text of the Clean Air Act |
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Shoreline
Erosion Protection Act
1965
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Solid Waste Disposal Act
1965
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Freedom
of Information Act
1966 |
The
Freedom of Information Act provides specifically that "any
person" can make requests for government information. Citizens
who make requests are not required to identify themselves or
explain why they want the information they have requested. The
position of Congress in passing FOIA was that the workings of
government are "for and by the people" and that the
benefits of government information should be made available
to everyone.
All branches of the Federal government must adhere to the provisions
of FOIA with certain restrictions for work in progress (early
drafts), enforcement confidential information, classified documents,
and national security information.
Full
text of the Freedom of Information Act |
Occupational
Safety and Health Act
1970 |
Congress
passed the Occupational and Safety Health Act to ensure worker
and workplace safety. Their Goal was to make sure employers
provide their workers a place of employment free from recognized
hazards to safety and health, such as exposure to toxic chemicals,
excessive noise levels, mechanical dangers, heat or cold stress,
or unsanitary conditions.
In order to establish standards for workplace health and safety,
the Act also created the National Institute for Occupational
Safety and Health (NIOSH ) as the research institution for the
Occupational Safety and Health Administration (OSHA ). OSHA
is a division of the U.S. Department of Labor that oversees
the administration of the Act and enforces standards in all
50 states.
Full
text of the Occupational Safety and Health Act |
National
Environmental Policy Act
1970 |
The
National Environmental Policy Act was one of the first laws
ever written that establishes the broad national framework for
protecting our environment. NEPA's basic policy is to assure
that all branches of government give proper consideration to
the environment prior to undertaking any major federal action
that significantly affects the environment.
NEPA requirements are invoked when airports, buildings, military
complexes, highways, parkland purchases, and other federal activities
are proposed. Environmental Assessments (EAs) and Environmental
Impact Statements (EISs), which are assessments of the likelihood
of impacts from alternative courses of action, are required
from all Federal agencies and are the most visible NEPA requirements.
Full
text of the National Environmental Policy Act |
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Pollution
Prevention Packaging Act
1970
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The
Pollution Prevention Act focused industry, government, and public
attention on reducing the amount of pollution through cost-effective
changes in production, operation, and raw materials use. Opportunities
for source reduction are often not realized because of existing
regulations, and the industrial resources required for compliance,
focus on treatment and disposal. Source reduction is fundamentally
different and more desirable than waste management or pollution
control.
Pollution prevention also includes other practices that increase
efficiency in the use of energy, water, or other natural resources,
and protect our resource base through conservation. Practices
include recycling, source reduction, and sustainable agriculture.
Full
text of the Pollution Prevention Act |
Resource Recovery Act
1970 |
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Lead-Based Paint Poisoning Prevention Act
1971 |
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Coastal Zone Management Act
1972 |
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Marine Protection, Research, and Sanctuaries Act
1972 |
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Ocean Dumping Act
1972 |
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Endangered
Species Act
1973 |
The
Endangered Species Act provides a program for the conservation
of threatened and endangered plants and animals and the habitats
in which they are found. The U.S. Fish and Wildlife Service
of the Department of the Interior maintains the list of 632
endangered species (326 are plants) and 190 threatened species
(78 are plants).
Species include birds, insects, fish, reptiles, mammals, crustaceans,
flowers, grasses, and trees. Anyone can petition FWS to include
a species on this list. The law prohibits any action, administrative
or real, that results in a "taking" of a listed species,
or adversely affects habitat. Likewise, import, export, interstate,
and foreign commerce of listed species are all prohibited.
EPA's decision to register a pesticide is based in part on the
risk of adverse effects on endangered species as well as environmental
fate (how a pesticide will affect habitat). Under FIFRA, EPA
can issue emergency suspensions of certain pesticides to cancel
or restrict their use if an endangered species will be adversely
affected. Under a new program, EPA, FWS, and USDA are distributing
hundreds of county bulletins that include habitat maps, pesticide
use elimitations, and other actions required to protect listed
species.
Full
text of the Endangered Species Act |
Safe
Drinking Water Act
1974 |
The
Safe Drinking Water Act was established to protect the quality
of drinking water in the U.S. This law focuses on all waters
actually or potentially designed for drinking use, whether from
above ground or underground sources.
The Act authorized EPA to establish safe standards of purity
and required all owners or operators of public water systems
to comply with primary (health-related) standards. State governments,
which assume this power from EPA, also encourage attainment
of secondary standards (nuisance-related).
Full
text of the Safe Drinking Water Act |
Shoreline
Erosion Control Demonstration Act
1974 |
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Hazardous Materials Transportation Act
1975 |
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Resource
Conservation and Recovery Act
1976 |
RCRA
(pronounced "rick-rah") gave EPA the authority to
control hazardous waste from the "cradle-to-grave."
This includes the generation, transportation, treatment, storage,
and disposal of hazardous waste. RCRA also set forth a framework
for the management of non-hazardous wastes.
The 1986 amendments to RCRA enabled EPA to address environmental
problems that could result from underground tanks storing petroleum
and other hazardous substances. RCRA focuses only on active
and future facilities and does not address abandoned or historical
sites (see CERCLA).
HSWA (pronounced "hiss-wa")-The Federal Hazardous
and Solid Waste Amendments are the 1984 amendments to RCRA that
required phasing out land disposal of hazardous waste. Some
of the other mandates of this strict law include increased enforcement
authority for EPA, more stringent hazardous waste management
standards, and a comprehensive underground storage tank program.
Full
text of the Resource Conservation and Recovery Act |
Toxic
Substances Control Act
1976 |
The
Toxic Substances Control Act (TSCA) of 1976 was enacted by Congress
to give EPA the ability to track the 75,000 industrial chemicals
currently produced or imported into the United States. EPA repeatedly
screens these chemicals and can require reporting or testing
of those that may pose an environmental or human-health hazard.
EPA can ban the manufacture and import of those chemicals that
pose an unreasonable risk.
Also, EPA has mechanisms in place to track the thousands of
new chemicals that industry develops each year with either unknown
or dangerous characteristics. EPA then can control these chemicals
as necessary to protect human health and the environment. TSCA
supplements other Federal statutes, including the Clean Air
Act and the Toxic Release Inventory under EPCRA
Full
text of the Toxic Substances Control Act |
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Surface Mining Control and Reclamation Act
1977
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Uranium
Mill-Tailings Radiation Control Act
1978
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Asbestos School Hazard Detection and Control Act
1980 |
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Comprehensive
Environmental Response, Compensation, and Liability Act
1980 |
The
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), commonly known as Superfund, was enacted by
Congress on December 11, 1980. This law created a tax on the
chemical and petroleum industries and provided broad Federal
authority to respond directly to releases or threatened releases
of hazardous substances that may endanger public health or
the environment. Over five years, $1.6 billion was collected
and the tax went to a trust fund for cleaning up abandoned
or uncontrolled hazardous waste sites. CERCLA:
· established prohibitions and requirements concerning
closed and abandoned hazardous waste sites;
· provided for liability of persons responsible for
releases of hazardous waste at these sites; and
· established a trust fund to provide for cleanup when
no responsible party could be identified.
The law authorizes two kinds of response actions:
· Short-term removals, where actions may be taken to
address releases or threatened releases requiring prompt response.
· Long-term remedial response actions, that permanently
and significantly reduce the dangers associated with releases
or threats of releases of hazardous substances that are serious,
but not immediately life threatening. These actions can be
conducted only at sites listed on EPA's National Priorities
List (NPL).
CERCLA also enabled the revision of the National Contingency
Plan (NCP). The NCP provided the guidelines and procedures
needed to respond to releases and threatened releases of hazardous
substances, pollutants, or contaminants. The NCP also established
the NPL.
CERCLA was amended by the Superfund Amendments and Reauthorization
Act (SARA) on October 17, 1986.
U.S. House of Representatives U.S. Code - Title 42
Full
text of CERCLA
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Nuclear
Waste Policy Act
1982 |
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Asbestos
School Hazard Abatement Act
1984 |
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Asbestos
Hazard Emergency Response Act
1986 |
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Emergency
Planning and Community Right to Know Act
1986 |
Also
known as Title III of SARA, EPCRA was enacted by Congress as
the national legislation on community safety. This law was designated
to help local communities protect public health, safety, and
the environment from chemical hazards.
To implement EPCRA, Congress required each state to appoint
a State Emergency Response Commission (SERC). The SERC's were
required to divide their states into Emergency Planning Districts
and to name a Local Emergency Planning Committee (LEPC) for
each district.
Broad representation by fire fighters, health officials, government
and media representatives, community groups, industrial facilities,
and emergency managers ensures that all necessary elements of
the planning process are represented. |
Superfund
Amendments and Reauthorization Act
1986 |
The
Superfund Amendments and Reauthorization Act (SARA) amended
the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) on October 17, 1986. SARA reflected EPA's
experience in administering the complex Superfund program during
its first six years and made several important changes and additions
to the program. SARA:
· stressed the importance of permanent remedies and innovative
treatment technologies in cleaning up hazardous waste sites;
· required Superfund actions to consider the standards
and requirements found in other State and Federal environmental
laws and regulations;
· provided new enforcement authorities and settlement
tools;
· increased State involvement in every phase of the Superfund
program;
· increased the focus on human health problems posed
by hazardous waste sites;
· encouraged greater citizen participation in making
decisions on how sites should be cleaned up; and
· increased the size of the trust fund to $8.5 billion.
SARA also required EPA to revise the Hazard Ranking System (HRS)
to ensure that it accurately assessed the relative degree of
risk to human health and the environment posed by uncontrolled
hazardous waste sites that may be placed on the National Priorities
List (NPL).
U.S. House of Representatives U.S. Code - Title 42
Full
text of SARA |
Indoor Radon Abatement Act
1988 |
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Lead Contamination Control Act
1988 |
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Medical
Waste Tracking Act
1988 |
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Ocean
Dumping Ban Act
1988 |
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Shore Protection Act
1988 |
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National Environmental Education Act
1990 |
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Oil
Pollution Act
1990 |
The
Oil Pollution Act (OPA) of 1990 streamlined and strengthened
EPA's ability to prevent and respond to catastrophic oil spills.
A trust fund financed by a tax on oil is available to clean
up spills when the responsible party is incapable or unwilling
to do so. The OPA requires oil storage facilities and vessels
to submit to the Federal government plans detailing how they
will respond to large discharges. EPA has published regulations
for aboveground storage facilities; the Coast Guard has done
so for oil tankers. The OPA also requires the development of
Area Contingency Plans to prepare and plan for oil spill response
on a regional scale.
Full
text of the Oil Pollution Act |
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Food
Quality Protection Act
1996
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The
Food Quality Protection Act (FQPA) of 1996 amended the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the
Federal Food Drug, and Cosmetic Act (FFDCA). These amendments
fundamentally changed the way EPA regulates pesticides. The
requirements included a new safety standard-reasonable certainty
of no harm-that must be applied to all pesticides used on
foods. This web site provides background information on FQPA's
provisions and discusses some of the specific issues raised
by FQPA, as well as status of implementation of this important
law.
Full
text of the Food Quality Protection Act
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Table
X.X: Summaries of Main U.S. Environmental Laws.
*Source: US EPA (http://www.epa.gov/epahome/laws.htm)
INDIRA
- SHOULD WE FILL BLANK LAWS IN WITH SUMMARIES, OR ELIMINATE THEM?
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