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                          SUMMARY OF MAJOR STATUTES

                                 ADMINISTERED 3Y

                      THE ENVIRONMENTAL PROTECTION AGENCY
          July 24, 1986
« s  TT-wiromnental Protection
tlb^.ry, Rooir. 2404  FM-211-A
401 M Street, S.W.
Washington, DC  20460
                                                       From legislative Library

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                            AUTHORIZATIONS OF THE

                       ENVIRONMENTAL PROTECTION AGENCY

                                   7/16/86


National Environmental Policy Act of 1969 (NEPA)

Clean Air Act (CAA)

Federal Water Pollution Act (FWPA) and the Clean Water Act (CWA)

Noise Control Act of 1972 and the Quiet Communities Act of 1978

Solid Waste Disposal Act (SWDA) and Resource Conservation & Recovery Act of  1976
  & 1984 (RCRA)

Toxic Substances Control Act (TSCA)

Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)

Safe Drinking Water Act (SDWA)

Comprehensive Environmental Response, Compensation & Liability Act of  1980
  (CERCLA/Superfund)

Environmental Research, Development, & Demonstration Authorization Act of 1981 (R&D)

Atomic Energy Act

Nuclear Waste Policy Act

Uranium Mill Tailings Act

Food, Drug & Cosmetic Act

Marine Protection Research and Sanctuaries Act (MPRSA/Ocean Dumping)

Asbestos School Hazard Abatement Act of 1984
                                                          From Legislative library

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Act
                               -1-
 National Environmental Policy Act
Objectives
*To establish a national policy for the
 environment which promotes the general
 health and welfare.
*To enhance the environment by all prac-
 tical means.
Key- Elements
and Regulations
*Establisnr.ent of the President's Coun-
 cil on Environmental Quality.
*Requirement that Federal agencies must
 prepare environmental impact state.nents
 for major Federal actions that have a
 substantial impact on the human environ-
 ment.  (Statements must contain a descrip-
 tion of probable adverse effects of and pos-
 sible alternatives to the proposed action.)
State
Responsibility
or Participation
*Tederal government responsibility is .-tan-
 dated.  In certain areas, the responsibil-
 ity is shared with, States through "delega-
 tion.

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Act
 Clean Air Act
Objectives
*To protect and enhance air quality in or-
 der to promote public health and welfare.
*To establish a national research and de-
 velopment program for the prevention and
 control of air pollution.
*To provide assistance to States for air
 pollution control programs.
Key Elements
and Regulations
•Provides for air pollution planning and
 control grants for air pollution control
 agencies.
'Provides for the establishment of Air
 Quality Control Region.?.
'Provides for Primary National Ambient Air
 Quality Standards and Secondary National
 Air Quality Standards, and sats deadlines
 for attainment.
^Provides for emission standards for in-
 dustry (new source performance standards)
 and national emission standards for haz-
 ardous air pollutants.
•Establishment of mobile source air pollu-
 tion control program.
*Provides for the prevention of significant
 deterioration of air quality in araas w
 have clean air.
State
Responsibility
or Participation
*States are required to submit State Imple-
 mentation Plans to the Environmental Pro-
 tection Agency for approval. (Plans must
 outline the State's strategy for emission
 sources located within it to meet stan-
 dards.)  States must comply with Federal
 air quality standards, but may additionally
 impose stricter standards.
*In States that fail to comply with either
 the State''Implementation Plan process or
 enforcement duties/ the  Environmental
 Protection Agency is empowered to act.

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                                -4-
! Act
 Clean Water Act
(Objectives
*To restore and maintain the chemical, phys-
 ical, and biological integrity of the Na-
 tion's waters.
*To achieve water quality suitable for pro-
 tection and propagation of aquatic lifa and
 to provide for water recreation.
*To achieve the ultimate goal of eli.tiinating
 the discharge of pollutants (zero dischar3e!
'Key Elements

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Act
                             -5-
 Safe Drinkinc^Water Act
Objectives
Key Elements
and Regulations
State
Responsibility
or Participation
*To protect the quality of all sources of
 drinking water - surface waters, ground
 water, and aquifers.

*Establishes Primary (enforceable) and
 Secondary (advisory) National Drinking wa-
 ter Regulations based on maximum contaminant
 levels of specific pollutants.
*Establishes regulations for underground
 injection control programs.
*Provides for the designation and protection
 of aquifers which are the sole source of
 drinking water for a community.
*Establishes a sole source aquifer demonstra-
 tion program.
*Establishes a federal program designed to
 encourage States to protect wellhead area
 around public water supplies.
*Establishes a new federal prohibition on
 the use of lead in any pipe, solder, or flux
 used for installing or repairing plumbing in
 public water systems.

*States are directed to comply with the min-
 imum Primary standards, and thus acquire
 the primary enforcement responsibility (pri-
 macy) .  In States that fail to comply, the
 Environmental Protection Agency must estab-
 lish and enforce the drinking water program.
*States, in conjunction with local govern-
 mental entities, must submit an applica-
 tion to EPA if they want to have an area
 designated as a "critical aquifer protec-
 tion area".  The application must include
 a comprehensive management plan for the
 proposed protection areas.
*States are required to adopt and submit to
 EPA a State program to protect wellhead
 areas within their jurisdiction from con-
 taminants which may have any adverse
 effect on the health of persons.
*States are required to enforce the ban on
 lead-content plumbing materials.
                                              From Legislative

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Act
                               -6-
 Marine Protection, Research, and Sanctuaries Ac;
 (Ocean-Dumping)
Objectives
*To regulate dumping of all .-aa tec i.als into
 oceans.
*To prevent or strictly limit the dumping of
 material which adversely affects human health
 or the marine environment.
Key Elements
and Regulations
*Authorizes the designation of ocean dump-
ing sites.
•Authorizes a system of issuing permits for
 dumping activities.
•Prohibits dumping of radiological, chemical,
 or biological warfare agents or high level
 radioactive wastes*
State
Responsibility
or Participation
•Federal government conduct is mandated. The
 Environmental Protection Agency and the Army
 Corps of Engineers may issue permits.  The
 Department of State is charged with inter-
 national enforcement.  The1 National Oceanic
 and Atmospheric Administration and the De-
 partment of Commerce are responsible for ra-
 search.
                                                  From Legislative library

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                               -7-
Act
 Toxic Substances Control Act
Objectives
*To regulate commerce
 human health and the
                      in order to protect
                      environment by re-
 quiring testing of and use restrictions
 on certain chemical substances.
Key Elements
and Regulations
State
Responsibilty
or Participation
*Establishment of requirements for
 '
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Act
                               -a-
 Federal Insecticide, Fungicide, and Rodenticida
 Act                                  '	
Objectives
*To regulate the manufacture, distribution,
 and use of pesticides and herbicides.
Key Elements
and Regulations
*Establishment of a registration and clas-
 sification scheme for pesticides and plant
 regulating substances according to "general
 use" or "restricted use".
*?rohibits the use of unregistered pesticides
*?rovidea for research into the effects of
 pesticides.
State
Responsibility
or Participation
*States are required to develop programs
 (that meet the minimum Federal standards)
 for the training and certification of ap-
 plicators of "restricted use" pesticides.
 States must designate the agency that will
 administer the certification plan.  In
 States that fail to comply with the stan-
 dards or fail to furnish plans, the En-
 vironmental Protection Agency must train
 and certify applicators.
                                                 From Legislative UDrary

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Act
Objectives
Key Elements
and Regulations
State
Responsibility
and Participation
1984 Amendments
                             -9-
 Solid  Waste  Disposal  Act
 (as  amended  by the  Resource  Conservation
 and  Recovery Act  of 1976,  RCRA Amendments
 of  1980,  and the  Hazardous^ an<± Solid
 Waste  Amendments  of 1984.

 *To  regulate treatment/ storage,  transporta-
 tion,  and disposal  of hazardous wastes.
 *To  provide  technical and  financial  assist-
 ance for  the development of  solid waste
 management plans  and  facilities for  the  re-
 covery of energy  and  other resources from
 solid  waste.

 *Establishment of rules for  hazardous
 waste  generation, collection,  transport,
 separation,  recovery, and  disposal (i.e.
 provides  for tracking of hazardous waste
 from "cradle to grave").
 *Provides for grants  to States for the devel-
 opment and implementation  of State hazard-
 ous  waste programs  that are  approved by
 the  Environmental Protection Agency.

 *States are  required  to develop waste manage-
 ment programs that  comport with Federal
 guidelines.   Programs must include a descrip-
 tion of hazardous waste sites, the amount,
 nature, and  toxicity  of the  waste at each
 site,  and the treatment or disposal  techniques
 used at each site.

 Requirements added: to regulate small quantity
 generators (less  than 10000  kg/month, more
 than 100 kg/month); to ban land disposal of
 hazardous wastes  to extent required  to pro-
 tect human health and the  environment; to
 specify levels or methods  of treatment to
 diminish toxicity or  reduce  migration? to
 prohibit landfilling  of  bulk or non-contain-
 erized liquids; to retrofit  surface  impound-
 ments  with double-liners,  leachate collection
 and  groundwater monitoring;  to set minimum
 technological standards;  to  promulgate
 technical standards for burning and  blending of
 hazardous waste;  to revise criteria  for  solid
 waste  management  facilities, including ground-
^water  monitoring, location criteria, and
 corrective action;  and to  control underground
 tanks  containing  hazardous wastes, petroleum,
 and  hazardous substances.
                                                 From Legislative Library

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Act
                               -10-
 Comprehensive  Environmental  Responses,  Com-
 pensation, and Liability' Act (Superfund)
Objectives
*To  finance emergency  clean  up  measures  for
 releases of  hazardous  substances.
*To  provide for recovery of  spent  funds  fro.n
• and assessment of penalties against  culpable
 parties.
Key Elements
and Regulations
 "Mandates  the establishment  of  s  Mational
 Hazardous Substance  Response Plan.
 Establishes a  system of  generating  revenues
 Cor  the clean  up  funds  (1)  by  imposing taxa-
 upon the  manufacture, production, or  im-
 portation of petroleum  and  certain  chem-
 icals,  (2) by  imposing  user fees upon own-
 ers  and/or operators of  waste  disposal fa-
 cilities, and  (3)  by appropriation  of gen-
 eral ravenues.
State
Responsibility
or Participation
 *States  are  permitted  to be rembers of Re-
  gional  Response  Teams,  and thus may parti-
  cipate  in  the  decision-making process of
  specific local response actions.
 *States  are  required  to  contribute to the
  costs of remedial actions.  States must
  pay 10% of  the cost when the release- or-
  iginates from  a  privately owned facility,
  and 50% of  the cost  when the release or-
  iginates from  a  State-owned facility.
 *States  may assume as  raany enforcement, re-
  sponse, and/or remedial functions as thay
  are capable of handling.
                                                From Legislative Library

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Act
                               -11-
 Environmental Research, Development, and
 Demonstration Act
Objectives
*To provide financial support: for research
 programs in air, water quality, drinking
 *ater, solid waste, pesticides, rasii-ition,
 toxic substances, interdisciplinary  activ-
 ities, and energy, and for program support
State
Responsibility
or Participation
*?ederal government conduct is mandated;
 the Environmental Protection Agency may
 conduct research, or make grants or
 contracts for the purpose oŁ assisting the
 Agency in performing its regulatory functions.
                                             From Legislative Library

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                             -12-
               EPARadiation Programs Authority
Acts
Objectives:
Key Elements.and
 Regulations
State Responsibility
 or Participation
 Atomic Energy Act of 1954
 Reorganization Plan 43 of 1970
 Public Health Service Act
 National Environmental Policy Act
 Marine Protection/ Research
   and Sanctuaries Act
 Federal Water Pollution Control Act
 Sate Prinking Water Act
 Toxic Substances Control Act
 Solid Waste Disposal Act
 Clean Air Act
 Uranium Mill Tailings Radiation Control
   Act
to
*Preventing all unnecessary exposure
 ionizing radiation.
*?rotecting public and general
 from radioactive materials,
* Development of standards, including
 those for nuclear fuel cycle operations,
 radioactive waste disposal, and radio-
 nuclides in air and water.  Development
 of guidance, including occupational
 radiation exposure, medical radiation
 exposure, protective action guides,
 ionizing radiation exposure, and
 exposure to transuranic elements.

*All federal authorities.
                                                From legislative library

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Act
Objectives
Key Elements
 and Regulations
State
Responsibility
or Participation
                             -13-
CJranium Mill Tailings Radiation Control Act

*Title I authorizes DOE, witli concurrence of
 of NRC and following EPA standards, to con-
 duct remedial actions at designated inactive
 uranium mill tailings sites in order to
 stabilize and control the tailings in a safe
 and environmentally sound manner.
*Title II gives NRC jurisdiction over mill
 tailings at active sites.

*Directs SPA. to issue generally applicable
 environmental standards with which DOS
 remedial action roust comply for inactive
 sites.
*EPA also sets standards for active
 mills for which NRC is responsible for in-
 suring compliance.

*3tates consult with DOE on designation of
 processing sites, entering into cooperative
 agreements with DOE, acquisition and dis-
 position of lands and materials, and approval
 of remedial action plans.
*DOE finances 90% of- remedial action costs,
 with affected states required  to pay
 remaining costs from non-federal funds.
                                                  Prom legislative library

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Act
                               14
Asbestos School Hazard Abatement
          Act of-
Objectives
   *The creation of a Federal loan and
    grant program for local education
    agencies to abate asbestos hazards
    in schools.
Key Elements
and Regulations
   *Establishment within EPA of the
    Asbestos Hazards Abatement Program
    and the Asbestos Hazards Abatement
    Assistance Program.
   *The purpose of the first program is
    to compile medical, technical, and
    scientific information on asbestos,
    distribute this information to State
    and local agencies and review appli-
    cations for financial assistance.
    The purpose of the second program is
    to provide financial assistance to
    local education agencies to carry
    out asbestos abatement activities.
   *EPA is required to prepare and
    submit an annual report to Congress
    on the loan and grant program.
State
Responsibility
or Participation
   *Federal government (EPA) responsibility
    is mandated.  State responsibility is
    as follows:
   *The Governor of each State is required
    to submit to EPA a plan which describes
    the procedures to be used by the State
    for maintaining records on the asbestos
    detection and abatement activities
    conducted by local educational agencies,
   *Governors are required to submit to EPA
    an annual report describing the actions
    taken, by their States in accordance
    with those plans.
   *Annually, Governors are required to
    1) submit a priority list of all
    schools within their States ranking
    potential candidates for abatement
    action; and 2) submit applications
    for financial assistance for each
    candidate.
                                                From Legislative ltt>r*y

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