United States Environmental Protection Off 1C-; ™ f * < )C 20460 -nber1982 OPA 21 2 Your Guide to the U. S. Environmental Protection Agency A ------- ------- Preface The U.S. Environmental Protection Agency (EPA) was created by Presidential directive in 1970 to consolidate the major environmental activities of the Federal government into a single agency. Throughout the 1970's and continuing now into the 1980's, Congress has passed new environmental laws and amended existing ones in a sustained effort to reduce the harmful effects of pollution on human health and the environment. Just as Congress periodically reviews and amends the environmental laws to meet current conditions, so does EPA review and revise its policies and organization for carrying out the Congressional mandate. This booklet describes current environmental laws together with the organization and the policies EPA uses to carry out its responsibilities. ------- Contents 3 History and Organization of EPA 7 Water 11 Air 13 Waste 15 Pesticides 17 Toxic Substances 19 Radiation 21 Research and Development 22 Legal and Enforcement Counsel 23 Administration 24 Policy and Resources Management Appendix: EPA Regional Offices and Laboratory Facilities Anne M. Gorsuch — Administrator Dr. John W. Hernandez — Deputy Administrator John E. Daniel — Chief of Staff Joseph A. Cannon — Associate Administrator for Policy and Resource Management Robert M. Perry — Associate Administrator for Legal and Enforcement Counsel Dr. John P. Morton — Assistant Administrator for Administration Frederic A. Eidsness, Jr. — Assistant Administrator for Water Rita M. Lavelle — Assistant Administrator for Solid Waste and Emergency Response Kathleen M. Bennett — Assistant Administrator for Air, Noise and Radiation Dr. John A. Todhunter — Assistant Administrator for Pesticides and Toxic Substances Dr. Courtney Riordan — Assistant Administrator for Research and Development (Acting) Anne M. Gorsuch ------- History and Oraanization of EPA EPA was created through an executive reorganization plan designed to consolidate a number of Federal environmental activities into a single agency. The plan (Reorganization Plan No. 3 of 1970) was sent by then President Nixon to Congress on July 9, 1970, and EPA was formally established as an independent agency in the Executive Branch on December 2, 1970. EPA was formed from 15 components of five Executive departments and independent agencies. Air pollution control, solid waste management, radiation, and the drinking water program were transferred from the Department of Health, Education, and Welfare (now the Department of Health and Human Services). The Federal water pollution control program was taken from the Department of Interior. EPA acquired from the Department of Agriculture authority to register pesticides and to regulate their use, and from the Food and Drug Administration responsibility to set tolerance levels for pesticides in food. It also assumed part of a pesticide research program in the Department of Interior. EPA was assigned some responsibility for setting environmental radiation protection standards from the old Atomic Energy Commission and absorbed the duties of the Federal Radiation Council. The enactment of major new environmental laws and important amendments to older laws in the 1970's greatly expanded the agency's responsibilities. It now administers eight comprehensive environmental protection laws. The Agency is directed by an Administrator and Deputy Administrator. They are appointed by the President of the United States, with the advice and consent of the U.S. Senate. Six major program offices implement and enforce environmental laws, perform environmental research and development, and manage the Agency. Each of these offices is headed by an Assistant Administrator, appointed by the President, with the advice and consent of the Senate. Agencywide functions are carried out by 10 staff offices under the Administrator and the Deputy Administrator. In December 1981 the Administrator created two Associate Administrator offices to handle (1) policy and resource management and (2) legal counsel and enforcement: • The Office of Policy and Resource Management is responsible for policy analysis, regulatory reform, the budget, standards, regulations, and management systems and analysis. • The Office of Legal and Enforcement Counsel consists of a general counsel and an enforcement counsel whose combined effort carries out all legal activities and sets agencywide enforcement policy, while regional attorneys have greater responsibility for case management. In the staff offices: • The Office of Inspector General conducts and supervises audits and acts to prevent and detect fraud and abuse in Agency programs and operations. • The Office of Small and Disadvantaged Business promotes participation of small, minority and women-owned enterprises in Agency contracting and grant activities. • The Office of Federal Activities assesses the compliance of other Federal departments and agencies with the laws EPA administers. The major assessment tool is the Environmental Impact Statement, which must be prepared for any Federal activity significantly affecting environmental quality. • The Office of Legislation is responsible for drafting the Agency's and the Administration's proposed environmental legislation, for the Agency's communications with Congress, and for informing the Administrator and senior Agency officials of developments in Congress affecting the Agency. • The Office of Public Affairs disseminates news about Agency activities, responds to media inquiries, and coordinates the public information, education, consumer affairs and public participation operations of the Agency. ------- United States Environmental Protection Agency • The Office of International Activities is concerned with international environmental issues relating to the Agency's responsibilities. • The Office of Administrative Law Judges conducts hearings and makes recommendations to the Administrator on a variety of issues, such as civil penalties for violations of regulations, pesticide cancellations or restrictions, and water pollution discharge permits. • The Office of Civil Rights reviews the activities of the Agency and its contractors for compliance with laws that protect equal opportunity and equal rights. • The Office of Intergovernmental Liaison handles liaison between the Agency and regional. State, and local officials. • The Science Advisory Board reviews all scientific data that support significant EPA regulatory actions, including those that have major economic impact, or are based on uncertain or controversial evidence. Administrator Deputy Administrator Chief of Staff Associate Administrator for Policy and Resource Management Office of Comptroller Office of Standards and Regulations Office of Policy Analysis Office of Management Systems and Evaluation Assistant Administrator for Administration Assistant Administrator for Water Office of Water Enforcement and Permits Office of Personnel and Organization Office of Fiscal and Contracts Management Office of Water Regulations and Standards Office of Management Information and Support Services Office of Water Program Operations Office of Administration Cincinnati Office of Drinking Water Office of Administration Research Triangle Park, N.C Region 2 New York Region 3 Philadelphia ------- -f Office of Inspector General Associate Administrator for Legal and Enforcement Counsel Office of General Counsel Office of Enforcement Counsel Office of Administrative Law Judges Office of Civil Rights Office of Small and Disadvantaged Business Utilization Science Advisory Board Office of Intergovernmental Liaison Office of Legislation Office of Public Affairs Office of International Activities Office of Federal Activities Assistant Administrator for Solid Waste and Emergency Response Office of Waste Programs Enforcement Office of Solid Waste Office of Emergency and Remedial Response Assistant Administrator for Air, Noise, and Radiation Office of Air Quality Planning and Standards Office of Mobile Source Air Pollution Control Assistant Administrator for Pesticides and Toxic Substances Office of Pesticides and Toxic Substances Enforcement Assistant Administrator for Research and Development Office of Monitoring Systems and Quality Assurance Office of Environmental Engineering and Technology Office of Environmental Processes and Effects Research Office of Health Research ------- - ------- Water EPA's Office of Water has the dual responsibility of reducing the pollution of waterways and maintaining safe drinking water. In addition to administering the Clean Water Act and the Safe Drinking Water Act, the Office of Water has anti-pollution responsibilities under the Marine Protection, Research and Sanctuaries Act which covers ocean dumping, and provisions of the Resource Conservation and Recovery Act (RCRA) relating to leaching from waste dumps. Water Pollution A number of our oceans, rivers, streams, lakes, estuaries, underground aquifers and wetlands have been polluted in modern times by the dumping of human and industrial waste into them. Wetlands acreage has been reduced, and natural pollution resulting from poor land management practices has persisted. Water pollution comes from two major origins, point sources and nonpoint sources. Point sources are those which discharge pollutants from such specific points as outfall pipes of sewage treatment plants and factories. Nonpoint sources, on the other hand, cannot be located with such precision. Runoff from city streets, from construction sites and from farms and mines are examples. From both sources, toxic and non-toxic pollutants have entered the Nation's waters. EPA's current program of water pollution control is built upon the Federal Water Pollution Control Act Amendments of 1972, also known as the Clean Water Act. Amendments to this Act passed in 1977 and 1981 made some important changes, but the. basic objectives and processes of the Clean Water Act were retained. The major objective, as defined in the 1972 Act, is to restore and maintain the "chemical, physical, and biological integrity of the Nation's waters." The Act required each State to set water quality standards for every significant body of surface water within its borders. Water quality standards represent the goals which pollution controls are meant to secure. To set these standards, the State specifies the uses of each body of water (such as drinking water or commercial fishing) and determines the maximum pollution levels that can be tolerated without impairing those uses. States have set effluent limitations defining the amount and kinds of pollutants that may be discharged into waterways, and they (or EPA) have issued permits to parties making such discharges, including municipal sewage systems and industries operating their own wastewater treatment facilities. Effluent standards also are being established for industrial sewage systems to handle their wastewater. These anti-pollution procedures are supported by a vigorous enforcement program, conducted by EPA and State environmental agencies, to ensure that cities and industries meet the requirements set out in their discharge permits. ------- Municipal Construction Grants A requirement of the Clean Water Act is that all publicly owned sewage systems provide secondary treatment of wastewater (a bio-chemical process) before it is discharged into a waterway. Since few communities could afford such expensive facilities, Congress in 1972 established a financial assistance program of Construction Grants, under which EPA provides funds that the States then allocate, on the basis of their own priority systems, to communities that need improved treatment facilities. Since 1972, EPA has provided about $33 billion in such grants to help in the design and construction of some 22,000 sewage treatment projects. Because of overdesign, mismanagement and financial problems, only 3,700 were in operation in 1981. That year also, the Reagan Administration pushed through Congress a reformed construction grants program, focusing funds on sewage plants which directly affect water quality. EPA estimates spending $36 billion in the next 10 years to build up the sewage treatment program. The Role Of Industry Using private funds, including money from local pollution control bonds, business and industry also launched enormous programs for building wastewater treatment facilities. Estimates place total capital investment near $18 billion. The cost of operating waste treatment systems has stimulated industrial development of new production processes to retrieve and sell by-products once discharged as waste. Currently, 94 percent of industrial discharges are in compliance with the terms of their discharge permits. About 75 percent of municipal sewage systems were in compliance in 1980. Water Quality Improvements As a result of reduced discharges achieved by a growing number of cities and businesses, almost every State can now report marked improvement along stretches of waterway once severely polluted. For example, in the Potomac, increasing numbers of bass and other desirable fish are being caught where once they were rarely seen. In the Naugatuck and lower Housatonic Rivers of Connecticut, sections of waterway have been upgraded to fishable/swimmable status. Beaver Creek in Knoxville, Tennessee, has been restored for swimming, fishing and wading and is now a safe and reliable water supply. From Maine to California, encouraging reports like these are coming with increasing frequency as the Nation begins to reap benefits from a great investment of money and technology in the restoration of the waterways. Clean Water Act The Clean Water Act of 1972, as amended in 1977 and 1981, and the Marine Protection, Research, and Sanctuaries Act of 1972 provide the basic authority for water pollution control programs now being carried out by Federal, State and local agencies. Major provisions of the Act are: Municipal Pollution Control A program for the construction or modification of sewage treatment systems under Federal grants. Through EPA, the Federal government currently funds 75 to 85 percent of sewage project costs. In fiscal year 1985, by which time major projects will be underway, the Federal share of construction grants will drop to 55 percent. Regional Planning A process for selecting the most effective and economical wastewater treatment facilities for a contiguous area. Independent, but adjacent, metropolitan areas in a region join in planning and building treatment facilities to meet needs established under State water quality management plans, including projections of population shifts. Effluent Limitations A system for defining the amount and kinds of pollutants that can be discharged into the Nation's waters. Limitations apply to both municipal and industrial sources of water pollution. ------- Water Quality Standards Standards for surface waters established by EPA according to the use of the water—for agriculture, industry, recreation or drinking. Standards cover factors such as water temperature, oxygen content, microbiological count, toxic pollutants and others. Wastewater Discharge Permits A system for registering and controlling the discharge of waste into public waterways and of ensuring that discharges conform to effluent limitations. All municipal sewage treatment systems and businesses that discharge waste must have a permit to do so. Permits are issued by States or EPA. Dredge and Fill Permits A system to regulate dredging, filling of wetlands, or dumping of dredged material that affects navigable waters. Permits are granted by the Corps of Engineers, subject to EPA approval. The Marine Protection, Research, and Sanctuaries Act authorizes EPA to regulate ocean dumping by designating dumping areas, issuing permits, and assessing penalties for unauthorized dumping. Drinking Water Under the Safe Drinking Water Act of 1974, amended in 1977, EPA sets national standards to protect drinking water. Assisted in part with Federal funds, States bear primary responsibility for enforcing the standards. EPA's Office of Water administers the Act. Twentieth century methods of drinking water treatment—particularly chlorination—have been remarkably effective in eliminating major epidemics of water-borne disease in the United States. However, outbreaks still occur with unnecessary frequency. The Center for Disease Control reported about 80 outbreaks in 1980 involving 20,000 confirmed cases of water-borne illness. In recent years there has also been increasing concern about contamination from chemicals such as nitrate, fluoride, arsenic and lead and from various organic chemicals and pesticides. All of these substances have found their way into drinking water in certain locations from time to time. To deal with these problems under the Safe Drinking Water Act, EPA issues regulations that set national drinking water standards, and assists States financially in carrying out the regulations. EPA also has issued rules to protect underground sources of drinking water (aquifers) from contamination by various injection practices. Called the underground injection control program, this effort is part of broad Agency response to potential sources of drinking water contamination. The Agency is also developing a comprehensive strategy—in cooperation with State and local governments—to protect groundwater supplies from other sources of contamination. Safe Drinking Water Act The Safe Drinking Water Act of 1974 grants EPA the authority to regulate public drinking water supplies. Major provisions are: Drinking Water Regulations established by EPA to protect health and welfare. State Enforcement of drinking water standards established by EPA. EPA can assume that responsibility if a State fails to enforce the standards. Protection of Underground Water Supplies against contamination by underground injection of wastes and other materials. ------- 10 ------- Air EPA's Office of Air, Noise and Radiation is given responsibility for Federal actions to reduce air pollution under the Clean Air Act of 1970 as amended in 1977. The fundamental objective of the Federal air pollution program is the protection of the public health and welfare from harmful effects of air pollution. To achieve this goal, EPA issues two kinds of ambient air quality standards—that is, maximum acceptable levels of pollution for the outdoor air surrounding the general population (but not, for example, air within factories). Primary standards set limits above which human health may be endangered. Secondary standards protect plants, animals, and materials from harmful pollution. So far, secondary standards have been set for particulates and sulfur oxides. Primary standards have been set for particulates, sulfur oxides, carbon monoxide, nitrogen oxides, ozone, and lead. Direct sources of air pollution are divided into two categories: stationary sources, such as factories, power plants, and smelters; and mobile sources, such as automobiles, buses, and trucks. Some facilities, such as major highways and shopping centers, are called indirect sources because traffic concentrates at those places and increases local pollution levels. In addition to meeting primary and secondary air pollution standards, some regions of the Nation are required to meet standards established under the "prevention of significant deterioration" section of the Clean Air Act. The function of this section is to prevent degradation of the air in such places as national parks and wilderness areas where air quality is exceptionally good. EPA also sets performance standards, establishing emissions limitations that must be met by new plants and existing facilities that are substantially modified. Standards now exist for most major industries, and are established on a nationwide basis. By requiring EPA to place the same emissions levels on new sources, no matter where they are located, Congress has kept air pollution controls from becoming a source of regional rivalry. Congress has determined that all new sources must install the "best pollution control technology available," as defined by EPA after a hearing process. Under the Clean Air Act, State and local governments must ensure that air quality complies with primary and secondary standards. EPA plays an important role in this by setting nationwide emissions standards for a variety of air pollution sources, essentially enforcing the limits set by Congress in the Act. Finally, EPA establishes nationwide emissions standards for hazardous air pollutants. Emissions limits are in effect for asbestos, beryllium, mercury, and vinyl chloride, and standards for others have been proposed. Because controls required by law relate primarily to new pollution sources, they are generally not enough to bring air quality up to primary and secondary standards. States therefore must draw up State Implementation Plans, with additional ways to achieve the standards, such as controls on older sources of pollution and measures to reduce motor traffic. These plans are subject to EPA approval. If a State fails to develop an acceptable plan, EPA is required to assume this function. Air pollution is primarily an urban concern. Many cities have suffered from years of decay as industries moved elsewhere. For a city to regain its vitality, industries must return; however, they may create new pollution sources, threatening the air quality gains which have been made. While maintaining economic growth and air quality improvements in urban areas has not been easy, air quality has shown several significant improvements. For example, a nationwide air monitoring system shows that by 1979 the level of particulates decreased 32 percent, sulfur dioxide in large urban areas decreased 67 percent, and carbon monoxide in center-city locations fell 36 percent. 11 ------- The Clean Air Act, as amended in 1970 and 1977, provides the basic legal authority for the Nation's air pollution control programs. Major provisions: • National ambient air quality standards for specific air pollutants to protect public health and welfare. Standards have been set for sulfur dioxide, particulates, oxides of nitrogen, carbon monoxide, hydrocarbons, ozone, and lead. • State implementation plans stipulating steps that will be taken to achieve satisfactory air quality. EPA must review the plans and, if necessary, require revisions or substitute its own plan. • New source performance standards for new, or modified, stationary sources of air pollution. Emission limitations are established for specific types of sources such as power plants and cement plants. • Hazardous air pollutants national standards limiting emissions of such substances as asbestos, beryllium, mercury, vinyl chloride, and benzene from both new and old stationary sources. • Prevention of significant deterioration of air quality in areas which have pristine or good to moderate air quality. Subject to EPA approval, States identify areas of good, moderate, and poor air quality (Class I, Class II, and Class III). Class I, which includes national parks and wilderness areas, permits no additional air pollution. The Class II designation allows additional pollution up to prescribed limits, and Class III areas must conform to general national standards. • Automobile emission controls to achieve a 90 percent reduction in carbon monoxide and hydrocarbon emissions (based on 1970 emission levels). Nitrogen oxide emissions are to be reduced by 75 percent by 1985. Using protective gear, a worker takes sample of hazardous waste. 12 ------- Waste Residential and commercial sources generate solid waste at the rate of some 132 million metric tons per year, enough to fill the New Orleans Superdome from floor to ceiling twice a day every day. Industrial waste is more than double that amount, totaling 350 million metric tons a year. Disposing of wastes, including those considered hazardous, is a costly business, requiring measures to protect the environment. Uncontrolled waste sites present environmental risks, requiring action to prevent degradation of water, soil and air. Control and eradication of solid waste problems is the responsibility of EPA's Office of Solid Waste and Emergency Response. This Office implements two federal environmental laws: the Resource Conservation and Recovery Act (RCRA), which regulates current and future waste practices, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly called Superfund, which cleans up old waste sites. Resource Conservation and Recovery Act (RCRA) RCRA provides Federal guidance and support to States to develop environmentally sound methods of solid waste disposal. This legislation deals with both municipal and hazardous waste. To improve solid waste disposal practices, EPA encourages States to develop solid waste plans. The Agency has provided technical assistance for these efforts. RCRA requires States to develop and implement municipal waste disposal plans as part of their solid waste plan. To 13 ------- set the stage for establishment of environmentally sound disposal practices, States have been asked to inventory all existing municipal waste disposal sites and determine whether they are environmentally sound. Federal technical assistance has been provided through EPA for these efforts. EPA has also assisted States in programs for recovery and reuse of valuable materials from municipal waste, such as glass, plastic, silver and aluminum, and in utilization of the energy potential of waste. Under RCRA, EPA ensures proper disposal of hazardous wastes, such as toxic substances, caustics, pesticides, and flammable, corrosive, and explosive materials. EPA estimates that in 1980 approximately 41 million metric tons of hazardous wastes were generated in the United States. To carry out RCRA's provisions for dealing with hazardous wastes, EPA has developed a national hazardous waste management system to monitor the movement of hazardous wastes from production to disposal. Under the system, hazardous waste generators must identify the wastes they create and report the means of on-site treatment, storage, or disposal. Transportation of wastes to off-site facilities is regulated and tracked. All treatment, storage, and disposal sites must have permits to operate, and their design must be adequate to prevent the waste from moving through the soil and reaching water sources. Active land disposal sites are monitored constantly for groundwater contamination. Closed sites are to be properly capped, and groundwater monitoring must continue for an extended period. The owner or operator of a facility is required to demonstrate financial responsibility for damage occurring during active operations and to set aside funds for monitoring and maintenance after the site is closed. More than 56,000 generators of hazardous waste now send their waste to RCRA regulated hazardous waste facilities. More than 13,000 transporters comply with the RCRA manifest tracking system which ensures that the wastes are delivered to and received by the regulated hazardous waste facilities, rather than disposed of indiscriminately. EPA now regulates over 10,000 hazardous waste treatment, storage, and disposal facilities. These facilities will either receive RCRA permits over the next few years or be closed down if they do not meet permit requirements. RCRA grants EPA the authority to establish regulations and programs to ensure safe solid waste disposal. Major provisions cover: • Hazardous waste management, including identification of hazardous wastes and development of standards and regulations governing the generation, storage, transport, treatment, and disposal of hazardous waste. States may establish and supervise their own hazardous waste regulatory programs, subject to EPA approval. • Solid waste disposal guidelines to encourage States to develop environmentally sound plans for solid waste disposal. States are asked to inventory and evaluate all waste disposal sites. • Research, development and demonstration funds to stimulate new methods of waste disposal, resource and energy recovery, and innovative technology. Superfund Superfund gives EPA money and authority to direct and oversee cleanup of old and abandoned waste sites that pose a threat to the public health or the environment. Under Superfund, EPA has launched a campaign to reduce this threat. A first step must be a nationwide inventory of such sites. EPA had released the names of 160 sites slated for interim priority cleanup, and $265 million had been appropriated for Superfund at press time. The Agency is now developing a list of 400 priority sites. Of equal significance are the Agency's enforcement efforts requiring owners of old or abandoned dumps to perform cleanup work themselves. When this is not possible, or immediate action is needed, EPA and the States step in and perform the work, drawing on the Superfund and on contributions from the States as well: 10 percent for privately-owned sites and 50 percent for publicly-owned sites. By July, 1982, EPA had authorized $63 million for cleanup at 57 sites. Another $25 million went into emergency work at 76 sites. The Superfund Act includes these provisions: Enforcement Through agreements and other judicial procedures called for by the Act, owners 14 ------- Pesticides of abandoned sites are encouraged or directed to clean up sites themselves. If EPA must perform the work, owners may be billed for as much as triple the costs. Emergency Response Where ownership of sites is uncertain or danger is imminent, the Act authorizes EPA to take immediate steps to correct the problem. The State where the site is located must agree to pay at least 10 percent of the costs while Superfund provides the remainder. Remedial Response When EPA and a State perform site cleanup, Superfund specifies a series of actions to be taken by the cleanup team. Federal-State Participation In addition to cost-sharing, States participate in site selection and in establishing priorities for cleanup. States also provide new, approved sites to receive waste removed from old sites. Funds Through a Federal tax on chemical manufacturers, importers, and oil refiners, supplemented by some Federally appropriated monies, a fund of $1.6 billion will be made available through EPA for abandoned site cleanups. A chemist grinding imported cheese that will be studied for the presence of pesticide residues. Pesticides are chemical or biological substances used to control pests on farms, homes, hospitals, commercial and governmental establishments. As herbicides, these products control weeds, unwanted brush and trees, and serve as defoliants to stimulate plant maturity so mechanical harvesting can be used more effectively. Pesticides are used to retard growth of fungi in asphalt, paint, and plastics, and to destroy harmful bacteria. The benefits of pesticides are evident: Greater quantities of food; reduced loss of food in storage, and control of disease carriers have significantly improved health throughout the world and contribute to the quality of life. In 1981 consumers spent over $6.5 billion on approximately 1.2 billion pounds of pesticides. Agriculture accounts for 71 percent of their use, home gardening and lawns for 7 percent, and industry, commerce and government for 22 percent. To retain these advantages and address the potential adverse effects, Congress passed the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) in 1947. This bill was amended in 1972 and its responsibilities were passed from the U.S. Department of Agriculture to EPA. Additional amendments were made in 1975, 1978, and 1980. Under this statute, EPA is required to review pesticide products and determine whether they can be used without causing unreasonable risks to human health or the environment. This process must take into account economic, social, and environmental costs and benefits. Registration is a license or pre-market clearance which EPA provides, based on a scientific review of a wide variety of 15 ------- health and safety data submitted by the manufacturer of the pesticide product. This process includes the approval of the product label which outlines the directions and precautions for use. EPA classifies all pesticides for general or restricted use. Restricted use products may be applied only by or under the supervision of a certified applicator. Certification is designed to insure that users of restricted use products are properly qualified to handle these products safely. Certification programs for applicators are administered by EPA-approved State training programs. Another function of registration is the establishment of tolerance levels—the amount of pesticide residue that may safely remain on food and feed crops after harvesting. In 1975 Congress required EPA to re-register all products to ensure safety of the compounds by contemporary scientific standards. This reassessment involves a thorough review of the entire scientific data base underlying registrations and an identification of scientific studies that may not have been required when the product was originally registered. Pesticide products that are found to cause unreasonable risk to either human health or the environment are cancelled from further use or are restricted in such a manner that the risk is no longer unacceptable. EPA supports research to reduce the uncertainty under which pesticide regulatory decisions are made. Particular emphasis is placed on testing and developing protocols to predict and evaluate human health and environmental effects resulting from exposure to pesticides. Incinerator ship Vulcanus during test burn of PCBs. 1.6 ------- Toxic Substances Toxic substances include a number of manufactured chemicals, as well as naturally occurring heavy metals, such as mercury, cadmium, and lead, which are mined and released into the environment. Today, nearly 60,000 chemicals are in use in the United States and approximately 800 new chemical substances are proposed each year for manufacture. While research studies show that most of these chemicals are not harmful to our health or the environment, we must continue to identify those few that are, and take action to reduce the risks associated with those substances. Congress, in 1976, passed the Toxic Substances Control Act (TSCA), which was intended to prevent unreasonable risks of injury to health or the environment associated with the manufacture, processing, distribution in commerce, use, or disposal of new or existing chemical substances. Chemicals used exclusively in pesticides, food, food additives, drugs, and cosmetics are exempted from the Act. Also exempted are nuclear materials, tobacco, firearms, and ammunition. All of these are regulated under other laws. Implementing TSCA is the responsibility of the EPA Office of Toxic Substances. Programs now exist under the Act to require companies to submit information on all new chemicals before they are manufactured. Also, EPA must gather available information about the toxicity of particular chemicals and the extent to which people and the environment are exposed to them. The Agency must also bring about industry testing where existing data are inadequate, assess whether particular chemicals cause unreasonable risks to humans or the environment, institute appropriate control actions, or refer such action to another Federal Agency. TSCA is a risk-benefits balancing statute, a characteristic which distinguishes it from some other pieces of U.S. environmental and public health legislation. In evaluating the need for chemical control EPA is required to consider such factors as the benefits which the chemical substance contributes to the nation's economic and social well-being, the existence of the risks associated with the use of alternatives, and the possible health or environmental problems which can result from economic dislocations caused by regulation. To prevent unreasonable risks, EPA under TSCA may select from a broad range of control actions, from requiring hazard-warning labels to outright bans on the manufacture or use of especially hazardous substances. In the case of imminent hazards, the Administrator of EPA may ask a court to require whatever action would be necessary to protect public health and the environment against the risk. The thrust of TSCA is to make industry responsible for developing missing data where there is a bona fide indication of potential risk. EPA has published an inventory of chemical substances and is working with industry to assess and reduce chemical risks. In a number of instances, for example, when EPA has identified a suspect chemical, the industry has voluntarily undertaken risk-reduction measures such as improving in-plant emission controls or has instituted toxicity testing. In other cases, EPA has required such actions. Some significant accomplishments of the EPA Toxic Substances program include: • Negotiated agreements for chemical testing rather than relying solely on rulemaking, thus allowing appropriate and necessary testing to begin earlier and test data to be generated more quickly. • Issuing test methodologies as guidelines rather than requirements, providing greater flexibility as well as the ability to take advantage of new test methodologies to use the most sophisticated tests. • Emphasis on finding acceptable PCB disposal methods, including two high temperature commercial incinerators on land, incineration at sea aboard the Vulcanus, and two chemical destruction processes that reduce PCBs to easily disposable substances and allow the residual oil to be cleaned and reused. 17 ------- • Instituting a mandatory program for schools to inspect their buildings for asbestos-containing materials, and hiring retired engineers in all ten EPA regional offices to help States and local districts in this inspection effort, and advise on appropriate containment or removal techniques where warranted. EPA coordinates and consults with other Federal agencies involved in toxic chemical regulation, including: the Occupational Safety and Health Administration (in the Department of Labor), the Food and Drug Administration (Department of Health and Human Services), the Consumer Product Safety Commission, and the Food Safety and Quality Service (Department of Agriculture). EPA also works very closely with the 24-nation Organization for Economic Cooperation and Development to develop chemical testing guidelines and good laboratory practices. The agency places a high priority on these activities because of benefits both for international chemical trade and for more effective health and environmental protection. EPA cooperates in a number of other international forums aimed at exchanging information and building mutual understanding on chemical safety issues, including those sponsored by the United Nations Environment Program and the World Health Organization. Toxic Substances Control Act The Toxic Substances Control Act (TSCA) was signed into law by President Ford on October 12, 1976. Upon signing the Act, the President stated, "(TSCA) is a strong bill and ... focuses on the most critical environmental problems not covered by existing legislation, while not overburdening either the regulatory agency, the regulated industry, or the American people." Major provisions include: • Reporting and record-keeping by industry to enable EPA to gather information on the manufacture, processing, use, and disposal of chemical substances, by-products produced, and estimates of the number of people exposed in the workplace. • Testing by manufacturers if a chemical substance is suspected of presenting an unreasonable risk of injury to health or the environment and there are insufficient data to evaluate its toxicity, cancer-causing potential, potential for birth defects, or other characteristics. • Screening of new chemicals through premanufacture notification to EPA at least 90 days before a company produces a new chemical substance, or intends to use an existing chemical in a significantly new way. • Regulation of chemical substances allowing EPA to prohibit or limit the manufacture, processing, distribution, use, or disposal of a chemical substance that presents an unreasonable risk of injury to health or the environment. 18 ------- Radiation A number of Federal agencies, among them EPA, are responsible for protecting the public from unnecessary radiation exposure. EPA's radiation authorities include portions of the Atomic Energy Act of 1954, the Public Health Service Act of 1962, the Safe Drinking Water Act of 1974, the Clean Air Act Amendments of 1977, and the Uranium Mill Tailings Radiation Control Act of 1978. The agency's major regulatory responsibilities are the setting of generally applicable environmental standards and the development of Federal radiation guidelines. Additionally the agency has a general responsibility for environmental radiation monitoring. EPA's responsibilities for setting standards to protect the general public from environmental exposure to radiation have included limiting releases from nuclear power plants, from the processing of uranium, and from radionuclides in drinking water. EPA, in cooperation with the Food and Drug Administration, has developed guidance to other Federal agencies on the use of x-rays in medicine. The agency is currently developing standards for disposal of high-level and low-level radioactive wastes, and for the control of hazards at active and inactive uranium mill tailing sites. Also under development are nuclear accident protective action guidelines, clean-up guidelines for areas contaminated by piutonium, guidance for occupational exposure to radiation, and guidance limiting environmental exposure to non-ionizing radiation from radio broadcast sources. Finally, EPA carries out several projects to monitor radiation in the environment. EPA maintains a monitoring network of 67 sampling stations and measures environmental radiation levels. This network is particularly important in detecting radioactive environmental contamination resulting from above-ground nuclear weapons tests conducted by foreign nations. EPA also monitors drinking water supplies and other media to estimate radiation exposure to the public from both ionizing and non-ionizing radiation. Measuring background radiation at Three Mile Island near Middletown, Pa. 19 ------- 20 ------- Research and Development Sound scientific knowledge is the cornerstone of effective environmental decision-making. The Office of Research and Development directs EPA's research program to provide the information that EPA program officials require. About 70 percent of ORD's research program is in direct support of environmental problems of immediate concern to the Agency, the other 30 percent being longer-term by design in order to provide a strong basis for addressing future regulatory needs. The ultimate goal of EPA's research is to support the development of environmental standards and regulations which protect human health and the environment from pollutant damage. The major areas of EPA's research are monitoring, development of technology, determination of ecological effects, and definition of the health effects of environmental pollutants. The monitoring of pollutants requires development of sophisticated equipment and analytical techniques to determine the sources of environmental pollutants, what they do in the environment once they are emitted, and where they finally end up. Because of the many chemical changes which may occur to pollutants in the atmosphere, as well as the many possible effects which different weather and terrain patterns may have on pollutants, the development of models has been particularly useful to environmental scientists. Once monitoring data are obtained on a pollutant, the technology best able to deal with that pollutant can be assessed. EPA scientists work to develop and evaluate those control technologies which are most effective in pollution prevention or clean-up and most efficient in terms of resource use. Before monitoring data can be used to determine where, when or which pollutants are to be controlled, or what technology needs to be developed, accurate information on the effects of pollutants is necessary. To provide this information EPA researchers develop standardized testing protocols and evaluate them for accuracy and reliability. These protocols, along with the results of studies to determine pollutant impact on human health, are used to determine the extent to which the environment or people are exposed to pollutants, and the hazard or risk associated with that exposure. As well as determining the exposure and effects, EPA scientists work to determine the best, most efficient ways to manage the movement through the environment of pollutants in order to cause the least disruption to the food chain and the ecosystem. Also, research is done specifically to define human exposures to and health risks from environmental pollution in order to determine ways to prevent or reduce adverse health effects. In addition to the generic research areas described above, EPA's research program addresses a wide variety of specific pollution problems. For example, one major research program investigates the sources and magnitude of effects of acid deposition. Not only will the research findings in this area affect domestic regulation, but they may also affect international relations. Serious environmental problems created by hazardous waste disposal have made this another issue of particular concern. EPA's research program in this area is aimed at developing new methods of identification, assessment, and treatment of hazardous waste. EPA has 14 laboratories to carry out its in-house research. Its research capabilities are extended through grants and co-operative agreements to universities and through research contracts with industrial laboratories and other private institutions. There are two major EPA research centers. One is in Research Triangle Park, North Carolina, where research is done primarily on air pollution, pesticides, toxic substances, and non-ionizing radiation. The second is in Cincinnati, Ohio, where research focuses primarily on water pollution and municipal waste research. Other EPA laboratories are in Las Vegas, Nevada; Narragansett, Rhode Island; Gulf Breeze, Florida; Athens, Georgia; Duluth, Minnesota; Ada, Oklahoma; and Corvallis, Oregon. (The Appendix lists all laboratories). In addition to its own research staff, EPA relies on a Science Advisory Board for technical advice and review. The Science Advisory Board, a panel of preeminent non-EPA scientists, was established by Congress to advise the agency on scientific issues. 21 ------- Legal and Enforcement Counsel The Office of Legal and Enforcement Counsel serves as the agency's "law firm" and is responsible for carrying out all of its legal responsibilities and activities. At headquarters, it is subdivided into two components: the Office of General Counsel and the Office of Enforcement Counsel. The Office of General Counsel advises the Administrator and the various program offices about the legal options, conclusions and ramifications inherent in Federal agency decisionmaking. This office also provides legal counsel for the agency in administrative hearings and defends the agency in Federal court matters. The Office of Enforcement Counsel sets agencywide enforcement policy and ensures compliance with applicable Federal law and EPA regulations. It monitors progress on the informal resolution of violations, prepares litigation summaries, and refers cases to the Department of Justice for prosecution by their attorneys. EPA's ten Regional Counsels provide Regional Administrators and regional program managers with legal advice and assistance for all program areas in an attorney-client relationship, consistent with Office of Legal and Enforcement Counsel policy. The National Enforcement Investigations Center (NEIC), a division within the Office of Enforcement Counsel, conducts technical environmental investigations nation-wide. NEIC has specific expertise in matters associated with case development, litigation support, and evidence. EPA's program offices—for water, air, solid waste, Superfund, pesticides and toxic substances—are responsible for the technical aspects of compliance, determining violations through monitoring techniques and issuing decisions and documents primarily technical in nature. The enforcement process can be complex. Private citizens, the regulated community, the Congress, EPA, and State and local governments all have legitimate concerns in the laws enacted to protect the environment. EPA's enforcement philosophy is to encourage voluntary compliance by communities and private industry and, as mandated by Federal environmental laws, to encourage State and local governments to perform direct enforcement activities needed to meet environmental standards. If State and local agencies fail to produce effective plans for pollution abatement, or if they do not enforce the programs they do develop, EPA is authorized to do so under provisions of major environmental laws. Enforcement functions of a national character are carried out by EPA where delegation to the States is not practical. For example, EPA inspects and tests new automobiles before, during and after production to ensure compliance with air pollution control standards. The agency also can require the recall of automobile or truck models that fail to meet these standards. EPA maintains a staff of inspectors who inspect hazardous waste facilities, spot-check compliance with unleaded gasoline regulations, monitor air and water quality, check radiation levels, and collect other data necessary for the enforcement of environmental laws. A criminal investigation unit has been formed to crack down on the illegal discharge of wastes into waterways, "midnight" dumping of toxic substances, and the deliberate destruction or falsification of vital environmental reports. Because of its specialized training in criminal law enforcement techniques, this new unit will speed the resolution of potential criminal cases and make better use of criminal sanctions when they are warranted. Willful violators may be subject to imprisonment and personally liable for fines. The combination of enforcement techniques employed by EPA and state and local agencies has achieved significant gains in environmental quality. Major new laws such as Superfund and new regulatory approaches to existing law challenge EPA to devise new and more efficient ways to achieve compliance and to establish strict priorities to best utilize the agency's enforcement capabilities. 22 ------- Administration The Office of Administration supervises the internal operations of EPA, which has an annual operating budget of nearly $1 billion and employs close to 10,000 employees throughout the country. The agency has over 30 laboratories, regional offices and field installations as well as central program and management offices in Washington, D.C. It administers a construction grants program which will dispense $2.4 billion in FY '83 to local governments throughout the country. The Office of Administration provides many of the services that the rest of the agency needs in order to ensure its primary mission of environmental protection. Because EPA's resources are diminishing but its workload is not, the Office of Administration must constantly strive to develop more cost-effective and innovative ways of delivering its services to EPA. The Office of Administration has three primary locations: Headquarters in Washington, D.C. and administrative centers in Cincinnati, Ohio and Research Triangle Park, N.C. In all three, the Office of Administration provides a full range of administrative and support services. It also performs certain agency-wide management functions, including facility rental, telecommunications, computer technical support, and office and building services for the labs and regional offices. The Office of Administration is responsible for three principal functional areas: financial, contracts and grants management; personnel and organization management; and management information and support services. In addition, the Office provides some administrative and support services to a number of EPA facilities across the country. The Office of Fiscal and Contracts Management encompasses financial management, grants administration, and procurement and contracts management. In 1982, the Office of Administration awarded approximately $78 million in research and demonstration grants. In addition, the potential resources available for contract award in fiscal year 1982 were $450 million. The Office of Personnel and Organization deals with personnel policies such as recruitment, labor management, training, employee benefits and career systems, as well as occupational health and safety. In addition, this office provides organization design support and in-house consulting services to other Agency offices. The Office of Management Information and Support Services handles information and data systems, the physical facilities housing EPA personnel, support services, and the Agency's libraries. The Office of Administration is responsible for $51 million in agency-wide automated date processing services tracking contract management and other agency operations. The Agency has the largest computer capability of any civilian agency in the Federal Government. EPA has been commended by the Office of Management and Budget for its innovative and cost-effective service delivery and for its efforts to streamline and simplify its procedures and regulations. In the area of financial management, for instance, the Office of Administration has developed tight and timely systems to assure prompt payment of invoices, effective recovery of debts owed to the Agency, and to prevent waste and abuse of Federal funds. EPA has piloted a performance management system to fulfill mandates of the Civil Service Reform Act of 1978 for the rest of the Federal Government. The Office has been revising its grant and cooperative agreement procedures to simplify and reduce the administrative burden imposed on recipients. The Office of Administration also has been instrumental in achieving a substantial reduction of administrative backlogs. As an example, 541 overdue, unresolved audits were closed out between June and September 1981, and over 1413 completed grants were administratively closed out in the first nine months of FY 1982. 23 ------- Policy and Resource Management The Office of Policy and Resource Management (OPRM) supervises the policy development and resources management of EPA. OPRM is responsible for developing and operating the Agency's program planning and budgetary system and for developing, preparing and submitting the Agency's budget. OPRM's responsibilities also include maintaining an allocation, control, and review system for all workyear and financial resources that are responsive to the needs of the Administrator. The Office is also responsible for analyzing the economic, energy and environmental effects of regulations, policies, and programs, and ensuring that benefits analysis is incorporated into the Agency's decision-making process. EPA has been a leader among government agencies in simplifying regulations so that compliance does not require needless paperwork, and environmental goals can be met at the least possible cost. The Office of Policy and Resource Management helps other offices of EPA develop cost-effectiveness analyses and guidelines for regulations. Frequently this requires detailed studies of the social and economic impact of EPA programs. OPRM also develops planning, evaluation, accountability and management systems for the Agency so as to improve overall Agency program management effectiveness. It also executes detailed reviews of Agency programs to ensure the effectiveness of environmental improvement programs while minimizing costs to the public, and assists program offices with improvements. The Office of Policy and Resource Management also has a major role in implementing the President's Executive Order 12291 on Federal Regulation and the Regulatory Flexibility Act. The Executive Order requires that EPA prepare Regulatory Impact Analyses for any new regulations that have significant adverse impacts on the Nation's economy. The purpose of the analysis is to ensure that the costs of regulations do not exceed their benefits. The Regulatory Flexibility Act requires that EPA analyze the effects that regulations have on small businesses and other small entities. The Steering Committee, consisting of representatives from each EPA office and chaired by OPRM, reviews all new significant regulations for their compliance with the Executive Order, the Regulatory Flexibility Act, and other requirements. OPRM also coordinates the review of existing regulations that have been selected by the President's Task Force on Regulatory Relief. Regulatory reform efforts also include innovations to give private industry added flexibility in meeting environmental protection goals. One of these is the "bubble" concept, which can help companies meet air pollution control standards in the most cost-effective way. In this approach, an entire plant is treated as though it were covered by an imaginary bubble with only one opening through which pollutants can reach the surrounding air. Instead of having to meet pollution emission limits at each individual stack or other source within the plant, managers can devise an overall control plan that may save millions of dollars without compromising progress toward improved air quality. 24 ------- Appendix: Regional Offices and Laboratory Facilities of EPA EPA Region 1 Lester Sutton JFK Federal Bldg. Boston MA 02203 Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont 617-223-7210 EPA Region 2 Jacqueline Schafer 26 Federal Plaza New York NY 10007 New Jersey, New York, Puerto Rico, Virgin Islands 212-264-2525 EPA Region 3 Peter Bibko 6th and Walnut Streets Philadelphia PA 19106 Delaware, Maryland, Pennsylvania, Virginia, West Virginia, District of Columbia 215-597-9814 EPA Region 4 Charles Jeter 345 Courtland Street NE Atlanta GA 30308 Alabama, Georgia, Florida, Mississippi, North Carolina, South Carolina, Tennessee, Kentucky 404-881-4727 EPA Region 5 Val Adamkus 230 S. Dearborn Chicago IL 60604 Illinois, Indiana, Ohio, Michigan, Wisconsin, Minnesota 312-353-2000 EPA Region 6 Dick Whittington 1201 Elm Street Dallas TX 75270 Arkansas, Louisiana, Oklahoma, Texas, New Mexico 214-767-2600 EPA Region 7 324 East 11th Street Kansas City MO 64106 Iowa, Kansas, Missouri, Nebraska 816-374-5493 EPA Region 8 Steve Durham 1860 Lincoln Street Denver CO 80295 Colorado, Utah, Wyoming, Montana, North Dakota, South Dakota 303-837-3895 EPA Region 9 Sonia Crow 215 Fremont Street San Francisco CA 94105 Arizona, California, Nevada, Hawaii, Guam, American Samoa, Trust Territories of the Pacific 415-556-2320 EPA Region 10 John Spencer 1200 Sixth Avenue Seattle WA 98101 Alaska, Idaho, Oregon, Washington 206-442-1220 Environmental Monitoring and Support Laboratory Cincinnati, OH 45268 (513) 684-7301 Environmental Monitoring Systems Laboratory P.O. Box 15027 Las Vegas, NV89114 (702) 798-2100 Environmental Monitoring Systems Laboratory Research Triangle Park, NC 27711 (919) 541-2106 Environmental Research Laboratory College Station Road Athens, GA 30605 (404) 546-3134 Environmental Research Laboratory 200 SW 35th Street Corvallis, OR 97330 (503) 757-4601 Environmental Research Laboratory 6201 Congdon Boulevard Duluth, MN 55804 (218) 727-6692 Environmental Research Laboratory Sabine Island Gulf Breeze, FL 32561 (904) 932-5311 Environmental Research Laboratory South Ferry Road Narragansett, Rl 02882 (401) 789-1071 Environmental Sciences Research Laboratory Research Triangle Park, NC 27711 (919) 541-2191 Health Effects Research Laboratory Research Triangle Park, NC 27711 (919) 541-2281 Industrial Environmental Research Laboratory Cincinnati, OH 45268 (513) 684-4402 Industrial Environmental Research Laboratory Research Triangle Park, NC 27711 (919) 541-2821 Municipal Environmental Research Laboratory Cincinnati, OH 45268 (513) 684-7951 Robert S. Kerr Environmental Research Laboratory P.O. Box 1198 (S. Craddock & Kerr Road) Ada, OK 74820 (405) 332-8800 ------- |