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
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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
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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
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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.
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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.
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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
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„ 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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 /
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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
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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
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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
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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
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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
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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
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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
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'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
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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
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