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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
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Act
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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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! 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
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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.
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Act
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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.
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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
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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
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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.
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Act
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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.
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Act
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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.
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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.
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Act
Objectives
Key Elements
and Regulations
State
Responsibility
or Participation
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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.
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Act
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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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