v>EPA United States Environmental Protection Agency Region 5 230 South Dearborn Street Chicago, Illinois 60604 EPA-905/9-88-C01 April 1988 An Introductory Guide to the Statutory Authorities of The United States Environmental Protection Agency ------- EPA-905/9-88-001 AN INTRODUCTORY GUIDE TO THE STATUTORY AUTHORITIES OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY Original document prepared by: David G. Dolan U.S. Environmental Protection Agency Region V Revised by: Planning and Management Division April 1988 U.S. Environmental Protecticn Agency Region 5, Library (PL-12J) //. West Jackson Boulevard, 12th Floor Chicago, IL 60604-3590 ------- TABLE OF CONTENTS CONTENTS PAGE NUMBER Di scl aimer i Clean A1r Act (CAA) 1 Clean Water Act (CMA) 6 Safe Drinking Water Act (SDWA) 10 Federal Insecticide, Fungicide, and Rodentlcide Act (FIFRA) 16 Toxic Substances Control Act (TSCA) 20 Resource Conservation and Recovery Act (RCRA) & the Hazardous and Solid Waste Amendments (HSWA) 25 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) & the Superfund Amendments and Reauthorization Act (SARA) 32 National Environmental Policy Act (NEPA) 43 To! 1 -Free Hotl i ne Tel ephone Numbers 44 Evaluation and Update Form 45 ------- DISCLAIMER This guide 1s an abrlged description of U.S. EPA statutes and programs. Aside from the narrative component, 1t 1s Intended to be used as a quick reference directory for regulatory citations, and for State and Regional program contacts. It 1s not Intended as a substitute for the applicable statutes or regulations. The Information 1n this guide was derived from a variety of sources, Including Federal government reports, Federal Registers, the Code of Federal Regulations, and Interviews with U.S. Envfronmetal Protection Agency Staff. ------- Revised April 1988 I. AIR AND RADIATION DIVISION CLEAN AIR ACT (CAA) OF 1970. as amended 1n 1974 and 1977 Congress passed the Clean A1r Act of 1970, and amended It 1n 1974 and 1n 1977, 1n order to achieve a broadly defined nationwide goal: the protection and enhancement of the nation's air quality. Title I of the Clean Air Act gives the U.S. Environmental 'Protection Agency (EPA) the responsibility to set three different kinds of national air standards. EPA is required to set and periodically review National Ambient Air Quality Standards (NAAQS), which define the maximum concentrations of certain air pollutants allowable in ambient air in order to protect public health and welfare. EPA also is required to define allowable New Source Performance Standards (NSPS), which establish allowable emissions limitations for different kinds of stationary sources. Finally, EPA 1s required to set National Emissions Standards for Hazardous Air Pollutants (NESHAPs) for which no ambient air quality standards exist. Once NAAQS have been set by EPA, individual state governments have the responsibility to determine how they can be met and maintained most efficiently at the local level.. The main administrative mechanism used by state governments to characterize local air quality and define strategies to achieve national standards is the state implementation plan (SIP). Another of EPA's major responsibilities under the Clean Air Act is the review, approval, and general oversight of all SIPs. Congressional intent to forge a federal/state partnership is also evident in Clean Air Act requirements for air emissions permitting programs for stationary sources. Although EPA was given the responsibility to develop regulations, including general criteria for preconstruction permit programs, for new and modified stationary sources of air emissions, the Congress envisioned that individual permits should be issued and enforced at the state level. The Congress recognized that state governments were best suited to issue and enforce permits, because they best understood local air quality and local economic circumstances. Title II of the Clean Air Act also gives EPA standard-setting, program development, and oversight responsibilities regarding the prevention and control of air emissions from mobile sources. EPA 1s required to prescribe and revise emission standards for new motor vehicle engines for certain vehicle categories. EPA must develop and manage programs to test and certify new motor vehicle engines for compliance with national standards. Finally, EPA has the responsibility to enforce provisions related to in-use emissions from vehicles. Although the Clean Air Act assigns EPA the responsibility and provides authority to regulate a wide variety of hazardous air pollutants, that responsibility does not appear to extend to pollution in the Indoor environment. The act's legislative history, which refers to the discharge of pollutants from motor vehicles and industry onto the atmosphere, makes it clear that the Congress was addressing pollution occurring in the outdoor "ambient" air. There is no discussion in the legislative history about sources of indoor air pollution or the problem of indoor air pollution. Except for ozone, which is regulated by the Food and Drug Administration, there are no federal health standards for nonoccupational exposure to indoor air pollutants. Nonetheless, EPA has recently set a recommended action level for indoor levels of radon gas of 4 picocuries/liter of air. ------- Revised April 1988 I. " AIR AND RADIATION DIVISION GLEAN AIR ACT (CAA) OF 1970. as amended in 1974 and 1977 [40 CFR Parts 50-87] CAA Cite 40 CFR Part 0 Designation of areas for air quality planning purposes § 107 81 0 Sets Primary National Ambient Air Quality Standards .(NAAQSs) in order to § 109 50 protect human health (Including sensitive populations) [the six criteria pollutants are: sulfur dioxide, carbon monoxide, ozone, particulate matter, nitrogen oxides, and lead] 0 Sets Secondary National Ambient Air Quality Standards (NAAQSs) 1n order § 109 50 to protect public welfare, plants, animals, and materials from the criteria pollutants 0 Sets criteria for State Implementation Plans (SIPs) §§ 110, 171-178 51 0 Approval and promulgation of SIPs §§ 110, 171-178 52 0 Establishes standards of performance, New Source Performance Standards (NSPSs), § 111 60 for new stationary air pollution sources 0 Sets National Emission Standards for Hazardous Air Pollutants (NESHAPs) § 112 61 Eight substances are currently listed under NESHAPs: arsenic, asbestos, benzene, beryllium, coke oven emissions, mercury, radon-222, and vinyl chloride Facility emission standards have been established for all of these substances except coke oven emissions 0 Establishes procedures for the enforcement of the CAA: Stationary Sources §§ 113, 120 N.A. Mobile Sources §§ 203-205 N.A. 0 Stack height rule requirements § 123 51 Ozone layer protection through VOC controls §§ 150-159 51.18 o 0 Prevention of significant deterioration of air quality §§ 160-169A 51.24 & 52.21 0 SIPs requirements for air quality nonattainment areas §§ 171-178 51 0 Motor vehicle emission & fuel standards (includes fuel additive & fuel §§ 202-216 80, 85-86 economy improvement standards) 600 & 610 0 Aircraft emission standards §§ 231-234 87 ------- „ I. AIR AND RADIATION DIVISION Revised April 1988 STATE CONTACT PERSON/TITLE STATE AIR PROGRAM CONTACTS AGENCY ADDRESS TELEPHONE NUMBER ILLINOIS Mr. Dennis Lawler Manager, Air Quality Planning Section IEPA Division of A1r Pollution Control 2200 Churchill Road Springfield, IL 62706 (217) 782-1830 INDIANA Mr. Tim Method Special Assistant to the Assistant Commissioner for Air Management IDEM Office of Air Management 105 S. Meridian Street Indianapolis, IN 46225 (317) 232-8244 MICHIGAN Mr. Michael Koryto Chief, State Implementa- tion Plan Unit MDNR Air Quality Division P.O. Box 30028 Lansing, MI 48909 (517) 373-7023 MINNESOTA Mr. David Thornton Chief, Program Develop- ment & Air Analysis MPCA Division of A1r Quality 520 Lafayette Road St. Paul, MN 55155 (612) 296-7265 OHIO Mr. Robert Hodanbosi Manager, Air Quality Modeling & Planning Section OEPA Division of Air Pollution Control P.O. Box 1049 1800 WaterMark Drive Columbus, OH 43266-0149 (614) 481-4320 WISCONSIN Mr. James Rickun Chief, Air Impact Analysis & Planning Section WDNR Bureau of Air Management P.O. Box 7921 Madison, WI 53707 (608) 267-7547 ------- I." AIR AND RADIATION DIVISION Revised April 1988 SUBJECT REGION V AIR AND RADIATION DIVISION CONTACTS CONTACT PERSON/TITLE AGENCY ADDRESS TELEPHONE NUMBER A1r Toxics Dr. Harriet Croke Ambient Air Ms. Andrea M. Jirka Quality Monitoring & Data Analysis Radon & Radi ati on Emissions Trading ("Bubbles") Mr. Larry Jensen Mr. Joe Paisie Indoor Air Ms. Mardi Klevs Pollution (except Asbestos & Radon) NAAQS Criteria Pollutants: Lead Mr. Dom Abella NO, Ozone Mr. Jim Dewey Mr. Ed Doty Particulate Mr. Jim Dewey Matter (PM10) SO, Mr. Mike Koerber VOCs Mr. Steve Rosenthal (contributes to Ozone pollution) U.S. EPA Air and Radiation Division 5 AR-26 U.S. EPA Environmental Services Div. 5 SEM-10 U.S. EPA Air and Radiation Division 5 AR-26 U.S. EPA Air and Radiation Division 5 AR-26 U.S. EPA Air and Radiation Division 5 AR-26 U.S. EPA Air and Radiation Division 5 AR-26 U.S. EPA A1r and Radiation Division 5 AR-26 U.S. EPA Air and Radiation Division 5 AR-26 U.S. EPA Air and Radiation Division 5 AR-26 U.S. EPA Air and Radiation Division 5 AR-26 U.S. EPA Air and Radiation Division 5AR-26 (312) 353-6009 (312) 353-9068 (312) 886-6175 (312) 886-6055 (312) 886-6081 (312) 886-6543 (312) 353-5954 (312) 886-6057 (312) 353-5954 (312) 886-6061 (312) 886-6052 ------- I. AIR AND RADIATION DIVISION Revised April 1988 SUBJECT REGION V AIR AND RADIATION DIVISION CONTACTS CONTACT PERSON/TITLE AGENCY ADDRESS TELEPHONE NUMBER NESHAPs: Arsenic & Beryllium Ms. Natalie Berttuccl U.S. EPA A1r and Radiation Division 5 AC-26 (312) 353-4425 Benzene & Mr. Dan Bakk Vinyl Chloride or Lars Johnson U.S. EPA Air and Radiation Division 5 AC-26 (312) 886-6819 (312) 886-6315 Asbestos (Non- Transitory) (Transitory) Ms. Rebecca Frey Mr. Jeff Bratko or Ann Pontius U.S. EPA A1r and Radiation Division 5 AC-26 U.S. EPA Air and Radiation Division 5 AC-26 (312) 886-1424 (312) 886-6816 (312) 353-4364 Mercury Mr. Michael Valentino U.S. EPA Air and Radiation Division 5 AC-26 (312) 886-6811 Radlonuclides Ms. Karen Altson U.S. EPA Air and Radiation Division 5 AC-26 (312) 353-1620 Regional Mr. Bruce Varner NESHAPs Expert Press & Community Relations Mr. Don DeBlasio Public Affairs Specialist U.S. EPA Air and Radiation Division 5 AC-26 U.S. EPA Office of Public Affairs 5 PA-14 (312) 886-6793 (312) 886-4360 ------- Revised April 1988 II. WATER DIVISION CLEAN WATER ACT (CWA) OF 1972. as amended in 1977, 1980, 1981, 1987 The Clean Water Act has its origins in the Federal Water Pollution Act of 1956, which with its subsequent amend- ments, forms the basis of the federal water pollution control program. The underlying objective of the Clean Water Act is "...to restore and maintain the chemical, physical and biological integrity of the Nation's waters." To help meet these objectives, Congress required EPA to establish water quality criteria for the development of water quality standards, technology-based effluent limitation guidelines, pretreatment standards, new source performance standards, and a national permit program to regulate the discharge of pollutants. The individual states were given the responsibility for developing water quality management programs and setting water quality standards. In addition to regulatory requirements, the CWA also established a large grant program to assist municipalities in meeting CWA requirements. Under the Act, direct dischargers of pollutants can be classified as either point or nonpoint sources. To control point sources, the CWA provides for the National Pollutant Discharge Elimination System (NPDES) which incorporates and applies effluent limitations in individual permits for both municipal and direct industrial dischargers. Under these permits, dischargers are subject to both technology-based treatment requirements and, where necessary to protect a designated use, controls based on water quality standards. In Region V all of the States have been delegated the authority to run the NPDES permit program, and the Division maintains overight. The Clean Water Act's technology-based guidelines prescribe minimum standards of performance for all municipal and Technology-based effluent limitations do not require EPA to prescribe specific control technologies. Rather, EPA reviews the various treatment techniques presently in use or available in each industrial sector to determine what limitations are achievable. Once EPA defines the method for setting specific effluent limitations for a particu- lar industrial category, each company is free to use any method it chooses to achieve those require so long as they do not violate other environmental laws. State Water quality standards, by contrast, identify intended uses of particular water bodies and, on the basis of water quality criteria guidance developed by EPA, set forth the biological and chemical conditions necessary to sustain those uses. Where technology based limitations are not adequate to achieve a particular state- designated use, State water quality water quality standards then come into play and water quality based effluent limitations are developed, which controls necessary to meet the designated use. The Clean Water Act was reauthorized early in February 1987. The law authorizes up to $9.6 billion in grants and $8.4 billion in revolving loan funds to assist municipalities in constructing treatment works projects through 1994, and up to $2 billio programs to clean up surface water bodies with chemical contamination, and to curb nonpoint source pollution, it also provides EPA and the Secretary of the Army new authority for administrative penalties. The amendments put increased emphasis on controlling toxic pollutants by requiring each State to list the water- bodies where existing controls are not adequate to meet water quality standards. Individual control strategies are required to reduce toxics loading from point sources into listed water bodies. The law also creates new +• n ho imill»mpntpH thrnnoh t.hp NPDES Dermit. ------- Revised April 1988 II. WATER DIVISION CLEAN WATER ACT (CWA) OF 1972. as amended in 1977, 1980, 1981. 1987 [40 CFR Parts 104-140, 401-469] 0 Requires each state to set water quality standards for every significant body of surface water within its borders 0 Requires states to set water quality goals and standards, and to address those through construction and other water quality planning and management activities 0 Requires Publicly-Owned Treatment Works (POTWs), industrial point dischargers, and any other point source dischargers to obtain permits under the National Pollution Discharge Elimination System (NPDES) 0 Develops criteria and standards for the NPDES 0 Requires all non-POTW point sources to meet national treatment-based effluent limitations [Best Practicable Control Technology (BPT), Best Conventional Pollutant Control Technology (BCT), or Best Available Technology Economically Achievable (BAT)] 0 Establishes effluent guidelines to define BPT, BCT, and BAT, and standards of performance for new sources 0 Requires all point sources to meet more stringent water quality-based effluent limitations if technology standards of CWA § 301 do not protect water quality as defined in CWA § 303 0 Establishes effluent standards for certain toxic pollutants 0 Requires industries that discharge to POTWs to meet pretreatment standards 0 Establishes procedures for the enforcement of the CWA ** USEPA (under § 404) and the U.S. Army Corps of Engineers are jointly responsible for protecting waterways (including wetlands) against degradation & destruction CWA Cite § 303 §§ 106 205(j) 208, 303, 305 § 402 §§ 301, 304 316, 405 Requires POTWs to provide secondary treatment of.wastewater prior to discharge §§ & 304 §§ 301(b)(2)(A) & 301(b)(2)(E) §§ 304 & 306 § 301(b)(l)(c) § 307 §§ 301(b)(2)(A) & 307(b) §§ 309 & 314 40 CFR Part 131 130 122 125 122.44(a) 125, 133 122.44(a) 125 401-469 122.44(d) 129 403 N.A. ------- Revised April 1988 II. WATER DIVISION CLEAN WATER ACT (CWA) OF 1972. as amended in 1977, 1981. 1987 STATE CONTACT PERSON/TITLE NPDES PERMITS CONTACTS AGENCY ADDRESS TELEPHONE NUMBER ILLINOIS Mr. Thomas McSwiggin IEPA Manager, NDPES Permit Section INDIANA Mr. Joe Stallmith, IDEM Acting Chief, Permits Section MICHIGAN Mr. William McCracken MDNR Chief, Permits Section MINNESOTA Mr. Russel C. Felt MPCA Chief, Regulatory Compliance Section OHIO Mr. Matt Tin OEPA Chief, Division of Water Pollution Control WISCONSIN Mr. Carl Blabaum WDNR Director, Bureau of Wastewater Management REGION V Mr. Almo Manzardo U.S. EPA Chief, Permits Section Mr. Donald Schregardus U.S. EPA Chief, Compliance Section Press & Mr. Dan O'Riordan U.S. EPA Community Public Affairs Division of Water Pollution Control 2200 Churchill Road Springfield, IL 62706 Office of Water Management 105 S. Meridian Street Indianapolis, IN 46225 Water Quality Division P.O. Box 30028 Lansing, MI 48909 Division of Water Quality 520 Lafayette Road St. Paul, MN 55155 Division of Water Pollution Control P.O. Box 1049 1800 WaterMark Drive Columbus, OH 43266-0149 Bureau of Waste Water Management P.O. Box 7921 Madison, WI 53707 230 S. Dearborn Street 5 WQP-TUB-8 Chicago, IL 60604 230 S. Dearborn Street 5 WQC-TUB-8 Chicago, IL 60604 230 S. Dearborn Street Office of Public Affairs r.hirann. Tl fiflfifU (217) 782-0610 (317) 232-8705 (517) 335-4114 (612) 296-7236 (614) 481-2001 (608) 266-1494 (312) 353-2105 (312) 886-6760 (312) 886-3209 ------- II. WATER DIVISION ' CLEAN WATER ACT (CWA) OF 1972, as amended In 1977, 1981, 1987 Revised April 1988 STATE CONTACT PERSON/TITLE WATER QUALITY STANDARDS CONTACTS AGENCY ADDRESS TELEPHONE NUMBER ILLINOIS Mr. Toby Prevent Manager, Planning Section I EPA Division of Water Pollution Control 2200 Churchill Road Springfield, IL 62706 (217) 782-3362 INDIANA Mr. Dennis Clark Manager, Surveillance and Standards Branch IDEM Office of Water Management 105 S. Meridian Street Indianapolis, IN 46225 (317) 243-5037 MICHIGAN Mr. Dennis Swanson Chief, Compliance Section MDNR Surface Water Quality Division P.O. Box 30028 Lansing, MI 48909 (517) 335-4102 MINNESOTA Mr. Curt Sparks Chief, Program Development Section MPCA Division of Water Quality 520 Lafayette Road St. Paul, MN 55155 (612) 296-7233 OHIO Mr. Robert Heitzman Leader, Water Quality Standards Group OEPA Division of Water Quality Monitoring & Assessment P.O. Box 1049 1800 WaterMark Drive Columbus, OH 43266-0149 (614) 481-7141 WISCONSIN Mr. Duane Schuettpelz WDNR Chief, Surface Water Standards & Mom tori ng Section Bureau of Water Resources Management P.O. Box 7921 Madison, WI 53707 (608) 266-0156 REGION V Mr. James Luey Chief, Monitoring U.S. EPA 230 S. Dearborn Street 5 WQS-TUB-8 ,-!/-^nn Tl (312) 886-0132 ------- Revised April 1988 II". WATER DIVISION • SAFE DRINKING WATER ACT (SDWA) OF 1974 as amended in 1976. 1979. 1986 The Safe Drinking Water Act provides for the safety of drinking water supplies throughout the United States by establishing and enforcing National Drinking Water Regulations (NPDWR). Under the Act, EPA has the primary responsibility to establish the NPDWR, to review and approve applications from the various states to assume primacy in the enforcement of those standards, and to supervise public water supply systems. In addition to the establishment of primary regulations governing public water supplies for the protection of public health and secondary regulations regarding the taste, odor, and appearance of possible water, the Act includes provisions to control the underground injection of water and other substances which might endanger drinking water sources, and provides for designation of sole/principal source equifers. EPA establishes maximum contaminant levels (MCLs) for chemical substances often found in drinking water supplies. MCLs are legal limits for public water supplies, although variances and exemptions may be granted under certain conditions. Maximum contaminant level goals (MCLGs) are suggested limits on the concentration of specific chemical substances in order to protect human health. They are not enforceable. In addition, EPA issues health advisories for specific contaminants on the basis of contamination incidents reported by state and local officials The advisories provide information on contaminants while allowing the affected states and systems to select the best method of response to fit local circumstances. Other federal programs (e.g., RCRA and CERCLA) which regulate separate sources of toxic contamination threatening drinking water sources, are advised by the drinking water program regarding technical options. A state may qualify for primary enforcement responsibility of drinking water quality standards and underground injection control (UIC) if it meets certain basic conditions. Prior to the passage of the Safe Drinking Water Act Amendments (SDWAA) of 1986, final MCLs had been set for 30 drinking water contaminants. The SDWAA contain several interesting provisions, and additional duties for EPA. For instance, the new amendments require EPA to set MCLs for a list of 83 contaminants, that have been found in drinking water but were mostly unregulated, within three years of passage according to the following schedule: least 9 contaminants within one year of passage; (ii) at least 40 contaminants within two years of passage; and (iii) the remaining contaminants within three years of passage. EPA has met the first major deadline by promul- gating final regulations in June, 1987, governing eight volatile organic compounds (VOCs) in drinking water. (The ninth, fluoride, was published in February, 1986). In addition, the SDWAA include the following provisions: requires EPA to promulgate regulations requiring every public water supply (PWS) to conduct monitoring for unreg- ulated organic compounds (the list of 51 unregulated contaminants was promulgated in June, 1987); requires each state to establish a plan to protect wellhead areas surrounding public water wells; establishes a demonstration program for ground water protection measures in critical aquifer protection areas (CAPAs) of sole source aquifers; prohibits lead pipe, solder or flux in installation or repair of public water systems, or plumbing for human tration consumption; and beginning in 1988, the Department of Housing and Urban Development (HUD) and the Veteran (VA) may not provide mortgage insurance or other assistance to new residential property if the plumbing contains lead in excess of the limits specified in the Act (no more than 0.2 percent lead in solder or flux, and no more the 8 percent lead in pipe or pipe fittings). The Region V contacts listed on page 14 should be reached for information on safe drinking water or underground injection control, or for referral of public inquiries 10 ------- Kevised Apn i IL. WATER DIVISION SAFE DRINKING WATER ACT (SDWA) OF 1974 as amended in 1976. 1979, 1986 [40 CFR Parts 141-149] SDWA Cite 40 CFR Part 0 Establishes National Primary Drinking Water Regulations (NPDWRs) § 1412 141 for contaminants in drinking water (based upon health effects, cost, and treatment technology) 0 Eastablishes procedures for the prohibition of lead in drinking water systems and public notification of hazards of lead in drinking water § 1417 0 Establishes National Secondary Drinking Water Regulations (NSDWRs) (based § 1412 143 on aesthetic qualities) 0 Establishes National Primary Drinking Water Regulations Implementation §§ 1413-1416 142 0 Establishes procedures for the enforcement of the SDWA: Public Water Supply § 1414 142,Subpart D Underground Injection § 1423 N.A. Control 0 Establishes Underground Injection Control (UIC) program for chemicals §§ 1421-1424 144-147 0 Establishes a program to designate Sole/Principal Source Aquifers (SSAs) § 1424 (e) 0 Establishes a Wellhead Protection Program for Public Water Systems § 1428 0 Establishes a SSA Demonstration Program § 1427 ** Due to the recent passage of SDWA amendments, communicate with the Region V contacts listed on the page 14 for information on new developments in the drinking water and underground injection control regulations, or for referral of public inquiries ** All Region V states, except Indiana and Indian Lands, have primacy over the drinking water programs ** Maximum Contaminant Level Goals (MCLGs) = health-based recommended limits for lifetime exposure to drinking water contaminants ** Maximum Contaminant Levels (MCLs) = regulatory standards for lifetime exposure to drinking water contaminants ** Some Region V states have primacy over UIC §§ 103.35 ** The Food and Drug Administration regulates the quality of bottled water. (21 CFR and 129) 11 ------- If. WATER DIVISION CLEAN WATER ACT (CWA) OF 1972. as amended In 1977. 1981. 1987 UIC CONTACTS - PRIMACY STATES STATE CONTACT PERSON/TITLE AGENCY ADDRESS Revised April 1988 TELEPHONE NUMBER ILLINOIS Mr. William Radlinski IEPA Class I Wells Mr. Allen 0. Oertel IDMM UIC Project Manager Class II Wells OHIO Mr. Gary Martin OEPA Chief, Groud Water Division Class I Wells Mr. Dennis R. Crist ODNR Division of Oil and Gas Class II Wells WISCONSIN Mr. Hank Kuehling WDNR UIC Coordinator No Class I/II Wells MICHIGAN Mr. R. Thomas Segal1 MDNR Chief, Geological Survey Division, Class I/II Wells Mr. Don James MPCA Unit Supervisor, Solid and Hazardous Waste Division No Class I/II Wells INDIANA Mr. Gary Fricke, Director IDNR Oil and Gas Division Class II Wells Land and Pollution Control Division * Illinois Environmental Protection Agency 2200 Churchill Road Springfield, IL 62706 Illinois Department of Mines and Minerals 704 State Office Building Springfield, IL 62706 Ohio Environmental Protection Agency P.O. Box 1049 Columbus, Ohio 43233-0149 Ohio Department of Natural Resources Fountain Square, Building A Columbus, Ohio 43224 Bureau of Water Supply Wisconsin Department of Natural Resources P.O. Box 7921 Madison, WI 53707 Michigan Department of Natural Resources P.O. Box 30028 Lansing, Michigan 48909 Minnesota Pollution Control Agency 520 LaFayette Road North Saint Paul, Minnesota 55155 Indiana Department of Natural Resources 100 Senate Avenue, State Office Building 911-B Indianapolis, Indiana 46204 Mr. Robert Hilton IDEM Indiana Department of Environmental Management ^nnt.h Meridian ------- M. WATER DIVISION SAFE DRINKING WATER ACT (SDWA) OF 1974 as amended In 1976. 1979. 1986 Revised April 1988 STATE CONTACT PERSON/TITLE STATE DRINKING WATER CONTACTS AGENCY ADDRESS TELEPHONE NUMBER ILLINOIS Community Water Supplies Mr. Roger Selburg Manager, Division of Public Water Supplies IEPA 2200 Churchill Road Springfield, IL 62706 (217) 785-8653 Non-Community and Private Water Supplies Mr. Clinton Mudgett Chief, Division of Engineering & Sanitation IDPH 535 W. Jefferson Street Springfield, IL 62761 (217) 782-5830 INDIANA Community, Non-Community, and Private Water Supplies Mr. Arnold Viere Chief, Public Water Supply Section IDEM 5500 W. Bradbury Indianapolis, IN 46241 (317) 243-9100 MICHIGAN Community, Non-Community, and Private Water Supplies Mr. William Kelley Chief, Division of Water Supply MDPH 3423 N. Logan Street P.O. Box 30035 Lansing, MI 48906 (517) 335-8318 13 ------- II; WATER DIVISION SAFE DRINKING WATER ACT (SDWA) OF 1974 as amended In 1976, 1979, 1986 STATE STATE DRINKING WATER CONTACTS CONTACT PERSON/TITLE AGENCY ADDRESS TELEPHONE NUMBER MINNESOTA Community and Non-Community Water Supplies MDH Mr. Gary Englund Chief, Water Supply and Engineering Section Private Water Supplies Ms. Linda Bruemmer Chief, Program Development Section, Ground Water and Solid Waste MPCA 717 S.E. Delaware Street P.O. Box 9441 Minneapolis, MN 55440 520 Lafayette Road St. Paul, MN 55155 (612) 623-5330 (612) 296-8612 OHIO Community and Non-Community Water Supplies Mr. Stuart Bruny OEPA Chief, Division of Public Water Supply Private Water Supplies Mr. Scott Golden, R.S. ODH ProgramrAdmi ni strator, Private Water System & Household Sewage Disposal Unit Division of Public Water Supply P.O. Box 1049 1800 WaterMark Drive Columbus, OH 43266-0149 Division of Local Environmental Health Program Management Services P.O. Box 118 246 N. High Street Columbus, OH 43266-0118 (614) 481-7025 (614) 466-1390 14 ------- II. WATER DIVISION SAFE DRINKING WATER ACT (SDWA) OF 1974 as amended in 1976, 1979. 1986 DRINKING WATER CONTACTS STATE CONTACT PERSON/TITLE AGENCY. ADDRESS Revised April 1988 TELEPHONE NUMBER WISCONSIN Community and Non-Community Water Supplies REGION V: Drinking Water Treatment Drinking Water Contaminant Health Effects Drinking Water Mr. Robert Baumeister WDNR Chief, Public Water Supply Section Private Water Supplies Mr. William Rock WDNR Chief, Private Water Supply Section Mr. Harry Von Huben U.S. EPA or Ms. Sheri Bianchin Drinking Water Section Ms. Sheila Sullivan U.S. EPA Drinking Water Section UIC Sole Source Aquifer Wellhead Protection Ms. Charlene Denys U.S. EPA Chief, Drinking Water Section Mr. Edward Watters U.S. EPA Chief, Underground Injection Control Section Mr. William Turpin Ball and U.S. EPA SSA Coordinator, Office of Ground Water Ms. Christine Saada Environmental Engineer Office of Ground Water U.S. EPA P.O. Box 7921 101 S. Webster Madison, WI 53707 P.O. Box 7921 101 S. Webster Madison, WI 53707 230 S. Dearborn Street 5 WD-TUB-9 Chicago, IL 60604 230 S. Dearborn Street 5 WD-TUB-9 Chicago, IL 60604 230 S. Dearborn Street 5 WD-TUB-9 Chicago, IL 60604 230 S. Dearborn Street 5 WD-TUB-9 Chicago, IL 60604 230 S. Dearborn Street 5 WD-TUB-8 Chicago, IL 60604 230 S. Dearborn Street 5 WD-TUB-8 Chicago, IL 60604 (608) 266-2299 (608) 267-7649 (312) 886-6187 (312) 886-9537 (312) 886-5251 (312) 886-6206 (312) 886-1502 (312) 353-1435 (312) 886-2406 Safe Drinking Water U.S. EPA Hotline - (800) 426-4791 15 ------- Revised April 1988 III..' ENVIRONMENTAL SERVICES DIVISION FEDERAL INSECTICIDE, FUNGICIDE. & RODENTICIDE ACT (FIFRA) OF 1947 as amended in 1972. 1975. 1978 Because of the potential health and environmental effects associated with pesticides, federal laws have been enacted to regulate the use of pesticides and the amount of the residue of each pesticide that is allowed to be present in food. Pesticide use is governed by the Federal Insecticide, Fungicide, & Rodenticide Act (FIFRA), which assigns responsibility for federal registration and use of pesticides to EPA. The Federal Food, Drug, and Cosmetic Act (FFDCA), as amended, governs which pesticides are allowed to remain as residues on individual food commodities, and in what amounts by assigning responsibility to: 0 EPA for determining which individual pesticide residues and in what amount (referred to as pesticide tolerances) will be allowed to be present in specific foods without causing the food to be considered legally adulterated; 0 the Food and Drug Administration (FDA) to enforce the pesticide residue tolerances established by EPA for all food products except meat, poultry, and eggs; and 0 the U.S. Department of Agriculture (USDA) to monitor meat, poultry, and eggs for illegal pesticide residues. Under FIFRA, EPA is authorized to register pesticide products, specify the terms and conditions of their use prior to being marketed, and remove unreasonably hazardous pesticides from the marketplace. EPA is responsible for registering specified uses of pesticide products on the basis of both safety and benefits. FIFRA focuses on balancing the inherent risks and benefits of substances that are generally designed to be injurious to living organisms and deliberately introduced into the environment. EPA can register a pesticide only if it determines that the pesticide will perform its intended function without causing "any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of [the] pesticide." This balancing of risks and benefit underlies all basic regulatory decisions under the Act. Approximately 50,000 pesticide products, derived from about 600 basic chemical ingredients, are registered for use by EPA. About 1.08 billion pounds of pesticides (excluding wood preservatives and disinfectants) were used in the United States in 1984 - 79% by agriculture, 15% by industry, and 6% by households. Federal registration and regulation extends to all pesticides, including those distributed or used within a single state. EPA, FDA, and USDA all have monitoring programs for pesticides. The FFDCA allows EPA to weigh risks to human health against benefits to food production in establishing tolerances for both carcinogenic and noncarcinogenic pesticides used on raw agricultural commodities. However, the Delaney Clause of the FFDCA prohibits the establishment of tolerances for food additives found to induce cancer in humans or animals. Except for certain special instances, the same holds true for animal feed additives. 16 ------- Revised April 1988 III.. ENVIRONMENTAL SERVICES DIVISION FEDERAL INSECTICIDE. FUNGICIDE. & RODENTICIDE ACT (FIFRA) OF 1947 as amended 1n 1972. 1975. 1978 [40 CFR Parts 152-180] FIFRA Cite 40 CFR Part 0 Regulates the use of pesticides. Every pesticide marketed in the U.S. §§ 2{ee), 170, 171 must obtain premarket clearance (registration) from EPA 4, 12 0 Registers pesticides. Industry must bear the burden of proof to provide § 3 158, 162 basic health and safety data to support proposed registration 0 Pesticide residue tolerances (legally acceptable levels) or exemptions § 3 180 must be established by EPA for pesticides used on food or feed 0 Enforces Good Laboratory Practices (GLPs) for conducting studies 1n support §§ 3 & 8 160 of registration of pesticide products 0 Authorizes U.S. EPA to approve state programs for the certification and § 4 171 training of pesticide applicators 0 Regulates the reporting of pesticide production & distribution data §§ 7, 8 & 9 169 0 Establishes procedures for the enforcement of FIFRA §§ 12-14 N.A. 0 Sets guidelines for storage and disposal of excess pesticides and pesticide § 19 165 containers o Authorizes U.S. EPA to enter into Cooperative Agreements with states to § 23 30, 33 enforce the provisions of FIFRA 35, 171 a ** The states have primacy for enforcement of pesticide use violations ** USEPA sets tolerances, or exemptions from tolerances, for pesticide residues in raw agricultural commodities ** FDA enforces tolerances for those commodities. In addition, FDA sets regulatory limits (Action Levels) for chemical contaminants (e.g. pesticides, PCBs, heavy metals) in food, processed food, and food additives that are interstate commerce ** USDA inspects meat and poultry for pesticide residues, as well as other contaminants, and enforces these limits ** OSHA regulates protection for pesticide manufacturing workers ** Under the Office of Science and Technology Policy biotechnology guidelines issued in June 1986: * USEPA will regulate genetically engineered microbial pesticides (GEMPs) under FIFRA * USDA will regulate genetically engineered microbes used solely for non-pesticidal use ** USEPA under RCRA hazardous waste authority regulates the treatment, storage, and disposal of some pesticides ** USEPA regulatory options under FIFRA include: suspension, cancellation, label changes, and restriction on use 17 ------- III. ENVIRONMENTAL SERVICES DIVISION FEDERAL INSECTICIDE. FUNGICIDE. & RODENTICIDE ACT (FIFRA) OF 1947 as amended 1n 1972. 1975, 1978 Revised April 1988 STATE CONTACT PERSON/TITLE STATE PESTICIDE CONTACTS AGENCY ADDRESS TELEPHONE NUMBER ILLINOIS Agricultural Uses Mr. William Anderson Chief, Bureau of Plant & Apiary Protection IDA Illinois Dept. of Agriculture Illinois State Fairgrounds Springfield, IL 62706 (217) 782-3817 INDIANA Non-Agricultural (Structural Pest Control) Uses Mr. Harvey Dominick IDPH Division of Sanitation Mr. L.O. Nelson ISCO Pesticide Administrator Illinois Dept. of Public Health 535 W. Jefferson Street Springfield, IL 62671 Office of the Indiana State Chemist Department of Biochemistry Purdue University West Lafayette, IN 47907 (217) 782-4674 (217) 494-1587 MICHIGAN Mr. Bob Mesecher Chief, Plant Industry Division MDA Michigan Dept. of Agriculture P.O. Box 30017 Lansing, MI 48909 (517) 373-1087 MINNESOTA Mr. Mike Fresvick Director, Agronomy Services Division MDA Minnesota Dept. of Agriculture 90 West Plato Boulevard St. Paul, MN 55107 (612) 296-1161 18 ------- III. ENVIRONMENTAL SERVICES DIVISION FEDERAL INSECTICIDE. FUNGICIDE. & RODENTICIDE ACT (FIFRA) OF 1947 as amended in 1972. 1975, 1978 STATE PESTICIDE CONTACTS STATE CONTACT PERSON/TITLE AGENCY ADDRESS Revised April 1988 TELEPHONE NUMBER OHIO Mr. Oren Spilker ODA Specialist-in-Charge of Pesticide Regulation Plant Industry Division Ohio Dept. of Agriculture Reynoldsburg, OH 43068 (614) 866-6361 WISCONSIN Mr. William Simmons Assistant Administrator WDATCP Agricultural Resources Management Division Wisconsin Dept. of Agriculture, Trade, and Consumer Protection 801 W. Badger Road Madison, WI 53708 (608) 266-7131 SUBJECT FEDERAL AGENCY PESTICIDE & FOOD CONTAMINANT CONTACTS CONTACT PERSON/TITLE AGENCY ADDRESS TELEPHONE NUMBER Pesticide Use Press & Community Relations Chemical s in Food Chemicals in Meat, Poultry & Eggs Mr. John Ward U.S. EPA Chief, Pesticides Section Ms. Nancy Sullivan Public Affairs Specialist Receptionist Receptionist U.S. EPA FDA USDA 230 S. Dearborn Street 5S-P&TSB-7 Chicago, IL 60604 230 S. Dearborn Street 5 PA-14 Chicago, IL 60604 433 W. Van Buren Street Room 1222 Chicago, IL 60607 Food & Safety Inspection Program 1919 S. Highland Avenue Lombard, IL 60148 (312) 353-2192 (312) 886-6687 (312) 353-5863 (312) 620-7474 Pesticide Information Hotline: (800) 858-7378 or (800) 858-PEST 19 ------- Revised April 1988 III." ENVIRONMENTAL SERVICES DIVISION •TOXIC SUBSTANCES CONTROL ACT (TSCA) OF 1976 The Toxic Substances Control Act (TSCA) gives EPA broad regulatory authority over chemical substances during all phases of their life cycle, from before their manufacture to final disposal, and establishes a national efforTflb prevent unreasonable risk to human health and the environment. The Office of Toxic Substances has become an information resource to other EPA programs because of the broad information gathering powers of TSCA. TSCA's activities center around three major activities: (1) the premanufacture notification (not approval) program provides for scrutiny of the health and environmental effects of each new chemical, insuring its safety before manufacture or subsequent release into the environment; (2) the testing of new or existing chemicals can~b"e required when EPA believes that a chemical may present an unreasonable risk to health or the environment. In order to require testing, EPA must find that there 1s Insufficient data on the chemical substance and that further testing is necessary before a risk determination can be made; and (3) the control of existing chemicals found to pose an unreasonable risk to health or the environment. Any chemical intended to go into commercial production after July 1, 1979, is required to go through TSCA's premanufacture notice (PMN) process. This screening process identifies those new chemicals which may present unreasonable risks or for which additional Information should be developed. EPA review addresses the entire life cycle of a new chemical substance including occupational exposure, releases to air, water and land, and consumer exposure. A "new chemical substance" is one not included on the TSCA Chemical Inventory (which is intended to be a listing of all of the chemicals in commercial production). The list currently contains approximately 63,000 chemical substances. 20 ------- III.. ENVIRONMENTAL SERVICES DIVISION TOXIC SUBSTANCES CONTROL ACT (TSCA) OF 1976 [40 CFR Parts 702-799] 0 Authorizes EPA to require the development of data to assess the health and environmental risk posed by exposure to chemical substances or mixtures 1f there 1s inadequate information to evaluate such effects and 1f 1n the absence of such Information, the substance may cause or significantly contribute to an unreasonable risk to health or the environment. EPA must by rule require that testing be conducted on such substances or mixtures 0 Describes standard guidelines for chemical fate, environmental effects, and health effects testing of chemical substances or mixtures 0 Prescribes Good Laboratory Practices (GLPs) for conducting studies relating to health effects, environmental effects, or chemical fate testing 0 Establishes the Interagency Testing Committee (ITC) to recommend to EPA chemical substances and mixtures for priority consideration in promulgating chemical test rules 0 Prohibits the manufacture or import of all new chemicals (after 7/79) not on the TSCA Inventory unless a premanufacturlng notification (PMN) 1s submitted to the Administrator at least 90 days before manufacturing or processing commences 0 Authorizes EPA to determine that a use of a chemical substance is a "significant new use." EPA must make this determination by rule (a SNUR). Once a use is determined to be a significant new use, persons must submit a notice to EPA at least 90 days before they manufacture, import, or process the substance for that use 0 Authorizes EPA to control, by rule, a chemical as a hazardous substance if the Agency finds that there is a reasonable basis to conclude that the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture presents or will present an unreasonable risk of injury to human health or the environment. Under this section, EPA may apply one or more of several different regulatory measures to the extent necessary to protect adequately against the risk. The substances on the top of the following page have been regulated under this section. Revised April 1988 TSCA Cite § 4(a) 40 CFR Part N.A. § 4(b) § 4(b) § 4(e) § 5 § 5(a)(2) 796, 797, 798 792 N.A. 720 721 § 6 21 ------- Revised April 1988 III. ENVIRONMENTAL SERVICES DIVISION TOXIC SUBSTANCES CONTROL ACT (TSCA) OF 1976 [40 CFR Parts 702-799] TSCA Cite 40 CFR Part 0 Prohibits (with few exceptions) the manufacture (including importation), § 6(e) 761 processing, distribution in commerce, and use of polychlorinated biphenyls (PCBs). Regulates the recordkeeping, marking, storage and disposal of materials containing PCBs. Requires that all PCB transformers be registered with local fire response personnel, and those in use in or near commercial buildings be registered with building owners. 0 Bans (with few exceptions) the manufacture (including importation), process- § 6(a) 762 ing, distribution in commerce, of fully halogenated chlorofluorocarbons (CFCs) for those aerosol propel 1 ant uses which are subject to TSCA (remaining aerosol propellent uses are restricted by FDA). 0 Requires public and private elementary and secondary schools to identify friable § 6(a) 763 asbestos-containing building materials, to maintain records of their analysis and the location of friable materials, and to notify school employees and parents when friable asbestos is found. Under the Asbestos Hazard Emergency Response Act, signed into law in October 1986, EPA must promulgate regulations for accreditation programs, and abatement of asbestos-containing materials (ACM) 0 Bans the addition of nitrosating agents, such as nitrates, to metal working § 6(a) 747 fluids (cutting fluids) 0 Authorizes EPA to require persons who manufacture, import, or process a § 8(a) 704(A), 712 chemical substance to submit such reports on that substance as the Agency may reasonably require. A broad range of data may be obtained including information on chemical identity and structure, production, use, exposure, disposal, and health and environmental effects 0 Requires U.S. EPA to compile, and periodically amend, a list of chemical § 8(b) 710 substances manufactured or processed for commercial purposes (the TSCA Inventory) 0 Requires recordkeeping for allegations that chemical substances cause § 8(c) 717 significant adverse reactions to health or the environment 0 Requires submission of unpublished health & safety studies for designated § 8(d) 716 chemical substances or mixtures 0 Requires immediate notification to the Administrator of information which § 8(e) N.A. reasonably supports the conclusion that a chemical substance or mixture ------- III. ENVIRONMENTAL SERVICES DIVISION TOXIC SUBSTANCES CONTROL ACT (TSCA) OF 1976 [40 CFR Parts 702-799] Regulates the Import and export, for commercial purposes, of all chemicals except those excluded from coverage under TSCA. Excluded from coverage under TSCA are: pesticides (EPA, FIFRA); tobacco or any tobacco product; foods, food additives, drugs, or cosmetics (Food & Drug Administration); meat, eggs, poultry, or their products (USDA); radioactive materials (Nuclear Regulatory Commission); and firearms and ammunition subject to taxes (Treasury) Establishes procedures for the enforcement of TSCA Revised April 1988 TSCA Cite §§ 12 & 13 §§ 15-17 40 CFR Part 707 N.A. ** Unlike most other environmental statutes, U.S. EPA alone Implements the programmatic responsibilities of TSCA (except for PCB compliance inspections conducted by MDNR & OEPA pursuant to Cooperative Agreements) ** OSHA establishes and enforces safety and health regulations. For instance, OSHA has an occupational standard for asbestos exposure, except that USEPA regulates worker protection requirements for asbestos abatement projects performed by state or local employees not covered under OSHA worker protection standards ** USEPA regulates, under TSCA, products of genetically engineered organisms not specifically covered by other regulatory statutes. Specifically, microorganisms used for purposes such as waste, degradation, chemical production, conversion of biomass to energy, and other environmental and industrial uses are subject to TSCA. ** FDA regulates food, food additives, drugs, cosmetics, or medical devices (or such substances derived from genetically engineered microorganisms) ** The Consumer Product Safety Commission has authority over consumer products (e.g., CPSC bans on TRIS-treated flame-retardant in childrens' clothing, asbestos 1n spackling compound, and lead in consumer paints). 23 ------- III. ENVIRONMENTAL SERVICES DIVISION TOXIC SUBSTANCES CONTROL ACT (TSCA) OF 1976 Revised April 1988 SUBJECT CONTACT PERSON/TITLE REGION V AGENCY TSCA CONTACTS ADDRESS TELEPHONE NUMBER PCBs TSCA Chemical Information Asbestos in Schools Mr. John Connell U.S. EPA Chief, PCB Control Section Mr. John Stockman U.S. EPA Chief, Chemical Control Section Health Effects Questions Occupational Safety or Health Questions Nuclear Reac- tors, X Rays, or Radioactive Material Questions Consumer Product Safety Questions Mr. Tony Restaino Chief, Asbestos Control Section Dr. Milt Clark Receptionist Receptionist Receptionist U.S. EPA U.S. EPA OSHA NRC CPSC 230 S. Dearborn Street 5 P4TSB-7 Chicago, IL 60604 230 S. Dearborn Street 5 P4TSB-7 Chicago, IL 60604 230 S. Dearborn Street 5 P&TSB-7 Chicago, IL 60604 230 S. Dearborn Street 5 P&TSB-7 Chicago, IL 60604 230 S. Dearborn Street Room 3244 Chicago, IL 60604 799 Roosevelt Road Building 4 Glen Ellyn, IL 60137 230 S. Dearborn Street Room 2944 Chicago, IL 60604 (312) 886-6832 (312) 886-6418 (312) 886-6879 (312) 886-3388 (312) 353-2220 (312) 790-5500 (312) 353-8260 TSCA Assistance Office: (202) 554-1404 Asbestos Hotline: (800) 334-8571 ext. 6741 Midwest Asbestos Information Center: Outside Illinois (800) 227-MAIC (University of Illinois at Chicago) In Illinois (312) 996-5762 ------- Revised April 1988 IV. WASTE MANAGEMENT DIVISION RESOURCE CONSERVATION & RECOVERY ACT (RCRA) OF 1976 reauthorized as the HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) OF 1984 The Resource Conservation & Recovery Act of 1976 (RCRA) established the first statutory framework for comprehen- sive federal and state management of hazardous wastes. Subtitle C of the Act requires the identification and listing of hazardous wastes, taking into account such factors as the toxlcity, persistence, and degradability in nature, the potential for accumulation in tissue, and other characteristics. It directs promulgation of such standards for generators of hazardous waste as may be necessary to protect human health and the environment. These standards are to include requirements for recordkeeping labeling of containers, disclosure of components, use of a manifest system to track hazardous waste movements ("cradle to grave"), and reporting to EPA. Similar standards are described for transporters of hazardous wastes in cooperation with the Department of Transportation. The development of performance standards is prescribed for owners and operators of hazardous waste treatment, storage, and disposal facilities (TSDFs). The Act requires the establishment of a permitting system to control the treatment, storage, and disposal of hazardous wastes. This provision is meant to ensure that all facilities which handle hazardous wastes will be operating under the conditions specified in a RCRA permit. A major provision of RCRA, added by the HSWA of 1984, is the requirement for corrective action at sites with continuing releases. HSWA requires TSDFs seeking RCRA permits to take corrective action for all releases of hazardous waste, or constituents from any solid waste management unit (SWMU), regardless of when the waste was placed in the SWMU. In addition, HSWA enables EPA, and authorized states, to issue orders requiring corrective or other appropriate action in cases where a release of hazardous waste is taking place at an interim status facility (i.e., a hazardous waste TSDF that is operating pending final administrative disposition of its permit application) or permitted facility. Subtitle D of the Act provides for developing and encouraging methods for the disposal of solid wastes which are environmentally sound and which conserve valuable resources. These objectives are to be accomplished through federal technical and financial assistance to states and regional authorities for comprehensive planning pursuant to federal guidelines. Utilizing these guidelines and assisted by federal grants, each State is to develop its own solid waste management plan. 25 ------- Revised April 1988 IV. WASTE MANAGEMENT DIVISION RESOURCE CONSERVATION & RECOVERY ACT (RCRA) OF 1976 reauthorized as the HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) OF 1984 Another major part of RCRA, amended by the HSWA of 1984, is Subtitle I - Regulation of Underground Storage Tanks (UST). Subtitle I provides for the development and implementation of a comprehensive regulatory program for underground tanks that store petroleum (including gasoline and crude oil) and substances defined as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), often called the "Superfund" law. The UST program defines the types of tanks which may be installed, initiates a tank notifi- cation program, requires EPA to issue federal technical standards for all tanks, e.g., release detection, pre- vention and corrective action, and provides for federal inspection and enforcement. The UST program is intended to be a largely State run program. EPA will issue guidance, promulgate regulations, and provide financial assistance to develop State programs. In 1986, the reauthorization of CERCLA amended Subtitle I to address leaking underground storage tanks. New authorities allow EPA, or States under a cooperative agreement with EPA, to: (1) require an owner or operator of a undertake corrective action if it is determined that such action will be done properly and promptly; or (2) under- take the corrective action if such action is necessary to protect human health and the environment. A $500 million Leaking Underground Storage Tanks Trust Fund was established to cover the costs of EPA or State cleanup responses. In addition, EPA is required to issue regulations for maintaining evidence of financial responsibility for mitigating releases and for compensating third parties for property damage and bodily injury. A major theme of the Hazardous and Solid Waste Amendments of 1984 (HSWA) is the protection of groundwater through the following programs: 0 New technological standards for land disposal facilities: double liners, leachate collection systems, ground- water monitoring; 0 New requirements for the management and treatment of smaller quantities of hazardous waste, such as those gener- ated by auto repair shops or dry cleaners; 0 New release detection, prevention, and correction regulations for underground storage tanks containing liquid petroleum or chemical products; 0 Upgraded performance and design criteria for disposing of municipal solid waste in municipal or industrial landfills; 0 Restrictions on the land disposal (i.e., "land ban rule") of many untreated hazardous wastes. 26 ------- Revised April 1988 IV. WASTE MANAGEMENT DIVISION RESOURCE CONSERVATION & RECOVERY ACT (RCRA) OF 1976 reauthorized as the HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) OF 1984 [40 CFR Parts 260-280] 0 Identifies hazardous waste by listing or meeting specific criteria 0 Establishes training, recordkeeplng, and packaging standards for hazardous waste generators 0 Establishes recordkeeplng standards for hazardous waste transporters 0 Establishes interim status standards and permit requirements for hazardous waste treatment, storage, and disposal facilities (TSDs) 0 Establishes Interim standards for new hazardous waste land disposal units 0 Schedules for prohibitions on land disposal of specified wastes and determinations on all listed hazardous wastes 0 Establishes procedures for the enforcement of RCRA 0 Notification Requirements for USTs 0 Release detection, Prevention and Corrective Action Agreements 0 LUST Trust Fund requirements 0 Approval of State Programs 0 Establishes procedures for the enforcement of UST/LUST 0 Provides for grants to States to develop and implement the base Federal program requirements. 0 Regulations for assorted hazardous waste recycling activities RCRA Cite 40 CFR Part § 3001 § 3002 § 3003 §§ 3004, 3005 261 262 263 264, 265 §§ 3004, 3005 267 § 3004 (d)-(g) 268 § 3008 § 9002 § 9003 § 9003 (h) § 9004 § 9005, 9006 § 3011 §§ 3001, 3010 22, 24 280 280 N.A. 281 N.A. 30, 35 266 27 ------- IV. WASTE MANAGEMENT DIVISION RESOURCES CONSERVATION & RECOVERY ACT (RCRA) OF 1976 reauthorized as the HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) OF 1984 [40 CFR Parts 260-280] Revised April 1988 RCRA Cite 40 CR FR Part 0 Provides for grants to States to develop and Implement the base Federal program requirements. ** All Region V states, except Ohio, are authorized to Implement the RCRA program Including Issuance of permits and enforcement. . ** Many HSWA authorities are Immediately effective as provided by law ** No Region V state Is yet authorized to Implement the requirements of HSWA. ** "Cradle-to-grave" tracking of hazardous waste movements via a uniform manifest system §§ 9008 30, 35 28 ------- IV: WASTE MANAGEMENT DIVISION •RESOURCE CONSERVATION & RECOVERY ACT (RCRA) OF 1976 reauthorized as the HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) OF 1984 Revised April 1988 STATE CONTACT PERSON/TITLE RCRA CONTACTS AGENCY ADDRESS TELEPHONE NUMBER ILLINOIS INDIANA Mr. Larry Eastep IEPA Manager, Permit Section Mr. Harry Chappel Manager, Compliance Monitoring Section Mr. Glen Savage Manager, Field Operations Section Mr. Gary King Chief Attorney, DLPC Mr. Terry Gray Chief, Permits & Plan Review Section Mr. James Hunt Compliance Monitoring Section IEPA IEPA IEPA IDEM IDEM Mr. John Hagworm IDEM Chief, Enforcement Section Division of Land Pollution Control 2200 Churchill Road Springfield, IL 62706 Division of Land Pollution Control 2200 Churchill Road Springfield, IL 62706 Division of Land Pollution Control 2200 Churchill Road Springfield, IL 62706 Division of Land Pollution Control 2200 Churchill Road Springfield, IL 62706 Office of Solid & Hazardous Waste Management 105 S. Meridian Street Indianapolis, IN 46225 Office of Solid & Hazardous Waste Management 105 S. Meridian Street Indianapolis, IN 46225 Office of Solid & Hazardous Waste Management 105 S. Meridian Street Indianapolis, IN 46225 (217) 782-9882 (217) 782-0221 (217) 785-7402 (217) 782-9830 (317) 232-4534 (317) 232-4535 (317) 232-3408 29 ------- IV: WASTE MANAGEMENT DIVISION Revised April 1988 •RESOURCE CONSERVATION & RECOVERY ACT (RCRA) OF 1976 reauthorized as the HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) OF 1984 STATE RCRA CONTACTS CONTACT PERSON/TITLE AGENCY ADDRESS TELEPHONE NUMBER MICHIGAN Mr. Ken Burda MDNR Chief, Facility Permit Unit Mr. John Bohunsky MDNR Chief, Compliance Section Hazardous Waste Division Technical Services Section Stevens T. Mason Building P.O. Box 30028 Lansing, MI 48909 Hazardous Waste Division Technical Services Section Stevens T. Mason Building P.O. Box 30028 Lansing, MI 48909 (517) 373-2730 (517) 373-2730 MINNESOTA Mr. Steven Reed MPCA Hazardous Waste Permits, Public Participation Mr. Mike Tibbetts MPCA Supervisor, Hazardous Waste Enforcement Unit # 1 Mr. Roger Carnes Supervisor, Enforcement Unit # 2 Hazardous Waste Regulatory Compliance Section Solid & Hazardous Waste Div. 520 Lafayette Road St. Paul, MN 55155 Hazardous Waste Regulatory Compliance Section Solid & Hazardous Waste Div. 520 Lafayette Road St. Paul, MN 55155 (612) 296-7786 (612) 296-7279 30 ------- IV. WASTE MANAGEMENT DIVISION RESOURCE CONSERVATION & RECOVERY ACT (RCRA) OF 1976 reauthorized as the HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) OF 1984 Revised April 1988 STATE CONTACT PERSON/TITLE RCRA CONTACTS AGENCY ADDRESS TELEPHONE NUMBER OHIO Mr. Edward Kitchen Manager, Technical Assistance & Engineering Section OEPA Division of Solid & Hazardous Waste Management P.O. Box 1049 1800 WaterMark Drive Columbus, OH 43266-0149 (614) 481-7239 WISCONSIN Mr. Richard O'Hara Chief, Hazardous Waste Management Section WDNR Bureau of Solid Waste Management P.O. Box 7921 Madison, WI 53707 (608) 266-0833 REGION V RCRA Permits Enforcement Underground Storage Tanks & Small Quantity Generators Press & Community Relations Mr. Karl Bremer U.S. EPA Chief, RCRA Permitting Branch Mr. William Muno U.S. EPA Acting Chief, Associate Office Director, RCRA Mr. Gerry Phillips U.S. EPA Acting Associate Division Director, Office of RCRA Ms. Ann Rowan U.S. EPA Public Affairs Specialist 230 S. Dearborn Street 5 HS-13 Chicago, IL 60604 230 S. Dearborn Street 5 HE-12 Chicago, IL 60604 230 S. Dearborn Street 5 HS-13 Chicago, IL 60604 230 S. Dearborn Street 5 PA-14 Chicago, IL 60604 (312) 353-0398 (312) 353-4783 (312) 886-6159 (312) 886-7857 RCRA/Suoerfund Hotline: (800) 424-9346 31 ------- Revised April 1988 IV. WASTE MANAGEMENT DIVISION COMPREHENSIVE ENVIRONMENTAL RESPONSE. COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980. amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 Following several well-publicized incidents caused by the uncontrolled and dangerous disposal of toxic chemicals, 1t became apparent that the primarily prospective regulatory framework established by RCRA was not adequate to cope with the remedial needs of such sites. Although thousands of uncontrolled sites already had been identified, the lack of funds and legal authority impaired real progress. In response, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, which soon became known as "Superfund." Among other things, this legislation established a $1.6 billion fund to cover the costs of the cleanup of abandon- ed hazardous chemical sites. [CERCLA was recently reauthorized. Highlights of the changes follow this discussion.] Superfund was envisioned as a 5-year program to spearhead both federal and state efforts to respond to releases of hazardous substances into the environment. The goals of the legislation are to eliminate the most serious threats to public health and the environment posed by hazardous substance spills and uncontrolled chemical waste sites, and to respond to such hazardous substance threats 1n a cost-effective manner. Title I of CERCLA deals with the release of hazardous substances, the liability to be imposed for releases, and the compensation to be paid for the damages and costs resulting from such releases. Title II of the original CERCLA imposed certain environmental taxes" on the petroleum and chemical industries and sets up the Hazardous Substance Response Trust Fund. Taxes were also imposed on the owners and operators of qualified hazardous waste disposal facilities in order to establish a second fund, known as the Post-Closure Liability Trust Fund. CERCLA defines "hazardous substance" by incorporating within its language those substances listed in the key sections of several other environmental statutes, Including the CAA, CWA, RCRA, and TSCA. However, the Act also directs EPA to promulgate and revise regulations designating as hazardous other substances found to pose a sub- stantial danger to the public health when released into the environment. In addition, regulations were promul- gated which establish the threshold quantity of a hazardous substance spill. Environmental releases or spills in excess of the Reportable Quantity (RQ) trigger notification and response requirements under the Act. CERCLA requires that any person in charge of a vessel, or facility, who has knowledge of the release of a hazard- ous substance from that vessel or facility in an amount greater that the RQ, to notify immediately the National Response Center. The Act also requires the owners or operators of hazardous substance storage, treatment, and disposal sites to notify EPA of the existence of such facilities, the amount and type of hazardous substances found there, and whether any known or suspected releases have occurred. In the event of the release of a hazard- ous substance, the procedures and methods to be followed are set forth in the National Contingency Plan (NCP). The NCP presents procedures for the discovery, Investigation, evaluation, and removal (where necessary) of hazard- ous substances. The NCP provides for three types of CERCLA actions for incidents involving hazardous substances discovered at a site: (1) Immediate removal actions — are to provide prompt response (within hours or days) to prevent immediate and significant harm to human life, health, or the environment; (2) Planned removal actions -- are those that allow time to plan the cleanup activities; and (3) Remedial actions — are intended to achieve a permanent remedy or cleanup of hazardous waste sites. 32 ------- Revised April 1988 IV.' WASTE MANAGEMENT DIVISION •COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980. amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 [40 CFR Parts 35, 117, 300, 310, 350, 355, 370] CERCLA Cite 40 CFR 0 Designates as "hazardous substances" those "elements, compounds, mixtures, § 102 117, 302 solutions, and substances which when released into the environment may present substantial danger to the public health or welfare or the environment" 0 Regulates the reporting of releases of hazardous substances in excess of the § 103 117, 302 Reportable Quantity (RQ) 0 Response authorities of the Agency . § 104 N.A. 0 Requires the development of a National Contingency Plan (NCP) which details § 105 300 the procedures and standards for responding to releases, or the threatened release, of hazardous substances 0 Enforcement authorities to require responsible party actions at sites § 106 N.A. 0 Establishes liability for abandoned sites, but promotes voluntary private § 107 N.A. cleanup by Potentially Responsible Parties (PRPs) 0 Establishes a trust fund (under Title II) to pay for the cleanup of hazardous § 104 N.A. substances through the imposition of taxes on petroleum and certain chemicals (expired 9/85, reauthorized under SARA) ** Although known as CERCLA, it Is better known as "Superfund" ** As the CERCLA program has not been delegated to the states (though many state-lead sites exist) 1t is advised to always check first with our Regional contacts ** Establishes the National Priorities List (NPL) as a mechanism to rank (via the Hazard Ranking System (HRS) sites for cleanup. However, sites do not need to be proposed for the NPL in order to be under CERCLA ** Recently reauthorized, details of new provisions and changes in the current program are summarized in the discussion which follows 33 ------- IV. WASTE MANAGEMENT DIVISION Revised April 1988 COMPREHENSIVE ENVIRONMENTAL RESPONSE. COMPENSATION. AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 The existing CERCLA was reauthorized by the Congress for another five years with $8.5 billion to be obtained from various revenue sources, and the Bill was signed into law by the President on October 17, 1986. Thus, the discus- sions on the previous pages are still pertinent, but the Statute includes several major amendments. At this time, the Agency is preparing new regulations, and modifications of existing regulations, required by the Statute. When this process is completed, Sections of the Statute can be correlated with appropriate Parts of the regulations. What follows is a summary of some of the salient Amendments to CERCLA, catalogued by Section of SARA. TITLE I - Provisions Relating Primarily to Response and Liability 0 PRPs may conduct a Remedial Investigation/Feasibility Study (RI/FS) and carry out a Remedial Action (RA) but are subject to no less a standard of liability 0 Dollar and time limitations on removal actions are.raised from $1 million to $2 million, and from six months to one year 0 Credits granted to states for funds expended for certain eligible costs incurred from January 1, 1978 to December 11, 1980 0 Remedial actions cannot be underwritten unless a state can within 3 years of enactment provide assurance of adequate capacity within the state or through a compact with another state for treatment, destruction, or secure disposition of state-generated hazardous waste during the next 20 years 0 Authority to obtain information and gain access to sites is expanded, and includes authority to issue orders for lack of compliance, with civil penalties of up to $25,000 per day 0 Any real property or Interest can be acquired which is needed to conduct an RA 0 The Hazard Ranking System (HRS) must be refined to assure it accurately assesses the relative degree of risk to human health and the environment posed by sites 0 Federal and state natural resource trustees are to be appointed and, any funds recovered by them are to be used to restore or replace damaged natural resources SARA Cite § 104 (a) § 104(e) § 104(h) § 104(k) § 104(m) § 104(o) § 105(c) § 107 (d) 40 CFR 310 300 Appendix A 34 ------- IV.. WASTE MANAGEMENT DIVISION Revised April 1988 COMPREHENSIVE ENVIRONMENTAL RESPONSE. COMPENSATION. AND LIABILITY ACT (CERCLA) OF 1980. amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 TITLE I - Provisions Relating Primarily to Response and Liability (continued) 0 Penalties are increased for both civil and criminal violations, and new authority to assess civil penalties administratively is granted 0 The Agency for Toxic Substances and Disease Registry (ATSDR) shall perform health assessments for each facility on the National Priorities List (NPL) 0 Appropriations from the Fund of up to $8.5 billion are authorized for a five year period beginning October, 1986 0 An annual audit is to be conducted by the Inspector General of each agency, department, or instrumentality of the United States carrying out any authority under this Act 0 Administrative records must now be established and serve as the basis for selection of a remedy. Judicial review of the adequacy of a response is limited to the administrative record 0 Provisions of CERCLA which precluded state taxes on similar activities covered by Federal programs are deleted, allowing for easier underwriting of state "Superfund" programs 0 Mandatory schedules are established for achievement of certain numbers of Preliminary Assessments (PAs), Site Inspections (Sis), and initiation of specified numbers of new RI/FSs and new RAs 0 Formal notice must be published, and provision made for formal public meetings recording of public comment on proposed remedial action plans 0 Technical assistance grants of up to $50,000 for a single grant recipient are to be available to groups which may be affected by a release or threatened release at a facility on the NPL SARA Cite § 109 § 110 § lll(a) § 111(10 § 113(j)&(k) § 114 § 116 § 117(a) § 117(e) 40 CFR 35 35 ------- Revised April 1988 IV. WASTE MANAGEMENT DIVISION COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980. amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 SARA Cite 40 CFR TITLE I - Provisions Relating Primarily to Response and Liability (continued) 0 Protects response action contractors involved in Superfund cleanups from § 119 liability, except those caused by conduct which is negligent, grossly negligent, or which constituted misconduct. Grants government employees the same exemption from liability as the response action contractors. Allows EPA to Indemnify a response action contractor for liability for negligence arising out of the contractor's performance in carrying out response activities under this title. 0 Statute confirms that CERCLA is applicable to Federal facilities, and defines § 120 how they must undertake remedial actions 0 Cleanup standards at remedial sites are made subject to a wide variety of § 121 enhanced requirements. Many of these were standard practices under the NCP, but are now strengthened by explicit definition in the Statute. Generally, remedial actions are preferred which permanently and significantly reduce the volume, toxicity or mobility of the hazardous substances, pollutants, and contaminants present at a site 0 Formally identifies the role of states in the initiation, development, and § 121(f) selection of remedial actions 0 The settlement process for negotiating with PRPs established under the existing § 122 — EPA settlement policy Is formalized and broadened 1n scope 0 The Secretary of Labor shall, pursuant to the Occupational Safety and Health Act § 126 29 CFR of 1970, promulgate standards for the health and safety protection of employees Part 1910 engaged in hazardous waste operations. Notice of proposed rulemaklng published September, 1987. 36 ------- Revised April 1988 IV. " WASTE MANAGEMENT DIVISION COMPREHENSIVE ENVIRONMENTAL RESPONSE. COMPENSATION. AND LIABILITY ACT (CERCLA) OF 1980. amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 SARA Cite 40 CFR TITLE II - Miscellaneous Provisions 0 Any person is now authorized to initiate a civil action or suit against any § 206 person for the violation of any standard, regulation, condition, requirement, or order under CERCLA, or against the Agency for failure to perform any non- discretionary duty under CERCLA 0 Risk retention groups and purchasing groups formed for pollution liability § 210 coverage purposes are exempted from various state laws TITLE III - Emergency Planning and Community Right-to-Know (also known as the Emergency Planning and Community Right-to-Know Act of 1986), this is a free-standing title, that is not part of CERCLA, which establishes four major authorities relating to: (1) emergency planning; (2) emergency notification; (3) community right-to-know reporting on chemicals; and (4) emissions inventory. 0 Emergency Planning - The thrust of these sections is to better develop state § 301-303 300 and local governments' emergency response and preparedness capabilities through better coordination and planning, especially within the local community. Title III requires that the Governor of each state designate a state emergency response commission by April 17, 1987. By July 17, 1987, the state commission must designate local emergency planning districts, based on existing political subdivisions. The state commission then must establish a local emergency planning committee for each district by August 17, 1987. Facilities subject to the emergency planning requirements must designate a representative to the local committee by September 17, 1987. The local committee must establish rules, give public notice of its activities and establish procedures for handling public requests for information. The local committees' major activities will be the development of emergency response plans within two years of enactment of SARA, October 17, 1988. The National Response Team is required to publish guidance on emergency response planning by March 17, 1987, to assist the local planning committees. O / ------- Revised April 1988 IV. WASTE MANAGEMENT DIVISION * COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 SARA Cite 40 CFR TITLE III - Emergency Planning and Community Right-to-Know (continued) 0 Emergency Planning (continued) - The planning activities of the local § 301-303 355 committees and facilities are centered on the 362 chemicals identified on the Chemical Emergency Preparedness Program 11st of extremely hazardous substances. On April 22, 1987, EPA published 1n the Federal Register this list, and the threshold planning quantity (TPQ) for each substance. EPA can revise the list and the TPQs after taking into account certain criteria. Any facility that has any of the listed chemicals In a quantity greater than the TPQ is subject to all the emergency planning requirements. By May 17, 1987, covered facilities must notify the state commission that they are subject to these requirements. In addition, the state commission or the Governor can designate additional facilities, after public comment, to be subject to these provisions. If there is any revision within a facility that would change its status with respect to these provisions, the facility must notify the state commission within 60 days. 0 Emergency Notification - Facilities at which a listed hazardous substance is § 304 — produced, used, or stored must provide immediate notification to the local emergency planning committee and the state emergency response commission of releases of these substances. Substances subject .to this requirement involve substances on the list of extremely hazardous substances, as initially identi- fied in the November 17, 1986, Federal Register, and substances subject to the reportable quantity (RQ) requirements of CERCLA Section 103(a). Section 304 also requires a follow-up written emergency notice as soon as practicable after the release. 0 Community Right-to-Know Reporting on Chemicals - There are two community right- § 311-312 350, 370 to-know reporting requirements. Section 311 requires that facilities which must prepare Material Safety Data Sheets (MSDSs) under OSHA regulations (I.e., facilities with Standard Industrial Classification (SIC) Codes 20-39) to submit either copies of Its MSDSs or a 11st of MSDS chemicals to: the local emergency planning committee; the state emergency response commission; and the local fire department. 38 ------- Revised April 1988 IV. WASTE MANAGEMENT DIVISION COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION. AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 SARA Cite 40 CFR TITLE III - Emergency Planning and Community Right-to-Know (continued) 0 Community Right-to Know Reporting on Chemicals (continued) - Under Title III, § 311-312 370 EPA may establish threshold quantities for hazardous chemicals below which no facility must be subject to this requirement. The initial submission of the MSDSs or list is required no later than October 17, 1987, or three months after a facility is required to prepare or have available an MSDS under OSHA regulations. The reporting requirements of Section 312 involves submission of an emergency and hazardous chemical inventory form to the local emergency planning committee, the state emergency response commission, and the local fire department. The substances covered by Section 312 are the same as those for Section 311, that is, those used by facilities which are required to prepare or have available an MSDS under OSHA regulations. The exemptions mentioned above also apply. 0 Emissions Inventory - Section 313 requires EPA to establish an inventory of § 313 NA emissions from certain facilities. Facilities subject to this reporting requirement must complete a Toxic Chemical Release reporting form for the annual reporting of emmissions of over 300 designated toxic chemicals and compounds to all environmental media. EPA can modify this list of substances, or the subject SIC codes. The form must be submitted to EPA, and officials of the state designated by the Governor, on or before July 1, 1988, and annually thereafter on July 1, for releases during each preceding calendar year. The purpose of this reporting requirement is to inform government officials and the public about releases of toxic chemicals in the environment and to assist in research and the development of regulations, guidelines and standards. The reporting requirement applies to owners and operators of facilities that have 10 or more full-time employees and that are in SIC Codes 20 through 39 that manufacture, process, or otherwise use a listed toxic chemical in excess of established thresholds during 1987 and thereafter. EPA must establish and maintain in a computer data base a national toxic chemical inventory based nn thp Hata cnhmittpd. 39 ------- Revised April 1988 IV. WASTE MANAGEMENT DIVISION # SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986. TITLE III. REGION V STATE SARA TITLE III CONTACTS SUBJECT CONTACT PERSON/TITLE AGENCY ADDRESS TELEPHONE STATE Illinois Indiana Michigan Minnesota Ohio Wisconsin Mr. Joe Goodner Office of Emergency Mr. Phillip Powers Staff Director, Indiana Emergency Response Commission Mr. David Werner Title III Coordinator Mr. Lee Tischler Director, Emergency Response Commission Mr. Ed Duffield Environmental Scientist Mr. Richard Braund Administrator Division of Emergency Government IL Environmental protection Agency Indiana Department of Environmental Management Michigan Dept. of National Resources Minnesota Dept. of Public Safety Ohio Environmental Protection Agency Department of Administration 2200 Churchill Rd. Springfield, Illinois 62794 5500 West Bradbury Indianapolis, Indiana 46241 P.O. Box 30028 Lansing, Michigan 48907 (217) 782-3637 (317) 243-5176 (517) 353-8481 Room B-5 State Capitol (612) 296-0481 St. Paul, Minnesota 55155 P.O. Box 1049 Columbus, Ohio 43266 4802 Sheboygan Ave Madison, Wisconsin 53707 (614) 481-4300 (608) 266-3232 40 ------- IV. WASTE MANAGEMENT DIVISION Revised April 1988 tOMPREHENSIVE ENVIRONMENTAL RESPONSE. COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980. amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 STATE STATE SUPERFUND CONTACTS (includes management of CERCLA and SARA) CONTACT PERSON/TITLE AGENCY ADDRESS TELEPHONE NUMBER ILLINOIS Mr. James Frank Manager, Hazardous Substances Control Section IEPA Division of Land Pollution Control 2200 Churchill Road Springfield, IL 62706 (217) 782-6760 INDIANA Mr. Glenn Pratt Assistant Commissioner IDEM Dept. of Environmental Response (317) 243-5177 105 S. Meridian Street Indianapolis, IN 46225 MICHIGAN Mr. Andrew Hogarth Chief, Remedial Action Section MDNR Environmental Response Division (517) 373-2638 Stevens T. Mason Building P.O. Box 30028 Lansing, MI 48909 MINNESOTA Mr. Mike Kanner Chief, Site Response Section MPCA Solid & Hazardous Waste Division 520 Lafayette Road St. Paul, MN 55155 (612) 296-7397 OHIO Mr. David Strayer Manager, Corrective Action Section OEPA Division of Solid & Hazardous Waste Management P.O. Box 1049 1800 WaterMark Drive Columbus, OH 43266-0149 (614) 481-7207 WISCONSIN Mr. Richard O'Hara Chief, Hazardous Waste Management Section WDNR Bureau of Solid Waste Management P.O. Box 7921 Madison, WI 53707 (608) 266-7562 41 ------- IV. WASTE MANAGEMENT DIVISION Revised April 1988 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION. AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 SUBJECT CONTACT PERSON/TITLE REGION V CERCLA AND SARA CONTACTS AGENCY . ADDRESS TELEPHONE NUMBER Emergency Response Mr. Robert Bowden Chief, Emergency Response Section U.S. EPA 230 S. Dearborn Street 5 HR Chicago, IL 60604 (312) 886-6236 Enforcement Mr. Norman Niedergang Chief, CERCLA Enforcement Section U.S. EPA 230 S. Dearborn Street 5 HS Chicago, IL 60604 (312) 353-0398 Remedi al Response SARA Section 313 SARA Title III Press & Community Relations Mr. Greg Kulma U.S. EPA Acting Chief, Site Management Section Mr. John Stockham, U.S. EPA Chief, Chemical Control Section Environmental Services Division Mr. Jack Barnett U.S. EPA Acting Chief, Office of Chemical Emergency Prepareness, Waste Management Division Mr. John Perrecone U.S. EPA Chief, Superfund Community relations 230 S. Dearborn Street 5 HR Chicago, IL 60604 536 S. Clark Street 5 S Chicago, IL 60604 230 S. Dearborn Street 5 HR Chicago, IL 60604 230 S. Dearborn Street 5 PA-14 Chicago, IL 60604 (312) 886-6217 (312) 886-6418 (312) 886-1964 (312) 886-6685 RCRA/Superfund Hotline: (800) 424-9346 National Response Center Hotline: (800) 424-8802 Chemical Emergency Preparedness Program Hotline: (800) 535-0202 (Resnonds to SARA Title III Questions and reauests) 42 ------- Revised April 1988 V. * PLANNING AND MANAGEMENT DIVISION NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) of 1969 [40 CFR Parts 1500-1508] The enactment of NEPA began a new era of federal decision-making. NEPA directs federal agencies to plan their policies and actions in light of the environmental consequences. To insure that environmental factors receive adequate consideration and environmental effects are understood in advance, NEPA directs federal agencies to prepare an environmental impact statement (EIS) for any major federal action significantly affecting the quality of the human environment. These environmental statements must identify and discuss the environmental effects of the proposed action and identify, analyze, and compare options. NEPA established the Council on Environmental Quality (CEQ) in the Executive Office of the President. The Council is responsible for overseeing federal efforts to comply with the National Environmental Policy Act. In 1970, the CEQ issued guidelines for the preparation of EISs under Executive Order 11514. Criticisms that the EIS process, though still considered valuable, was generating excessive paperwork and causing needless delays in worthwhile projects, and obscuring important issues led President Carter to issue Executive Order 11991. This Order directed the CEQ to issue regulations to replace the guidelines and to implement more effectively the procedural require- ments of NEPA. The NEPA regulations were promulgated in final form in November 1978. The Council's regulations are binding on all federal agencies. Eighty-nine federal departments, component bureaus, and agencies have published, as required, their regulations under NEPA. The CEQ's regulations also provide uniform standards applicable throughout the federal government for conducting environmental reviews, and Council guidance on the requirements of NEPA for use by the courts in Interpreting the law. The Environmental Review Branch, within the Planning and Management Division, is responsible for preparing EPA Regional responses to NEPA-related issues. In addition, pursuant to Executive Order 12088, they are responsible for ensuring that federal facilities (e.g. DOD and DOE facilities) are in compliance with federal, state, and local environmental regulations. Finally, the Environmental Review Branch serves as the liaison with Indian tribes in the Region. REGION V NEPA CONTACT Bill Franz (312) 886-7500 Chief, Environmental Review Branch 5 ME-14. 230 S. Dearborn Street Chicago, IL 60604 43 ------- TOLL-FREE HOTLINE TELEPHONE NUMBERS All of us get calls from the public looking for help, Information, or answers to questions about a variety of environmental subjets, and often are at a loss as to where to refer them. Following 1s a listing of all toll-free hot lines that we were able to track down. They are operated from Headquarters, the Regions, through contractors, and by other Federal agencies. If you know of a number that should be listed, please let us know and we will Include it 1n the future revision. Public Information Center Small Business Hot Line Whistle Blower Hot Line Recruitment Toxic Substances Assistance Office Asbestos Technical Information Service Solid and Hazardous Waste and Superfund National Pesticide Telecommunicati ons Chemical Emergency Prepareness Program ENVIRONMENTAL PROTECTION AGENCY responds to inquiries from the general public provides help to small businesses on EPA matters handles complaints of fraud, waste, and abuse for information about employment opportunities also where schools can get help in applying for funding for asbestos cleanup projects for technical assistance - has names of testing labs for general or technical information also for medical professionals/ citizens needing help re pesti- cide poisonings of humans or animal s (800) 828-4445 DC 829-3535 (800) DC (800) DC 368-5888 557-1938 424-4000 382-4977 (800) 338-1350 DC 382-3305 (800) DC 424-9065 554-1404 (800) 334-8571 Ext. 6741 (800) 424-9346 DC 382-3000 (800) 858-PEST for inquiries about EPA's program (800) 535-0202 to help communities prepare for DC 479-2449 accidental releases of acutely toxic chemicals into the air 44 ------- 'OTHER FEDERAL AGENCIES U.S. Coast Guard, Dept. of Transportation National Institute of Health Consumer Product Safety Commission National Response Center for (800) 424-8802 Oil and Hazardous Materil spills DC 479-2675 Cancer Information Service information about asbestos in consumer products and homes (800) 4-CANCER (800) 638-2772 45 ------- EVALUATION AND UPDATE FORM i This guide will be updated periodically, perhaps twice each year, In order to keep up to date with regulatory *and personnel changes. In the Interest of accuracy and utility, please submit any changes or comments you may have. Please complete and return the attached form to the address below. Thank you. 1. Are there any errors In the guide? If so, what are they. 2. Do you find the guide useful? 3. How frequently do you use the guide? 4. What contacts do you need which were not supplied? 5. What contacts do you use now? o 6. Is the level of detail In the guide sufficient? COMMENTS/SUGGESTIONS Return to: Yvette Agnew U.S. EPA, Region V Planning and Budgeting Branch (PMD) 5MA-14 , 230 S. Dearborn Street Chicago, IL 60604 46 ------- |