ORDES
Volume III-E
Special Study Report
Legal Analysis of Institutional Accountability
for the Ohio River Basin
Nicholas L. White and John F. Fitzgerald
Indiana University
May 15, 1977
PHASE
OHIO RIVER DASIN ENERGY STUDY
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PRELIMINARY DRAFT
OHIO RIVER BASIN ENERGY STUDY
Volume III-.E
SPECIAL STUDY REPORT
LEGAL ANALYSIS OF INSTITUTIONAL ACCOUNTABILITY
Nicholas L. White
John F. Fitzgerald
Indiana University
May 15, 1977
Prepared for
Office of Energy, Minerals, and Industry
Office of Research and Development
U.S. Environmental Protection Agency
Washington, D.C.
Grant Number R 804849-01-0
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PREFACE
This report is submitted pursuant to the detailed
work plan as approved by the project office of ORBES and
U.S. EPA, R & D Division. As research progressed pursuant
to the detailed work plan, it became advisable to revise
slightly the research methodology and the matrices which
were utilized to guide research. It became apparent that
the level of detail in several of the matrices was not
needed and was certainly not conducive to an easy under-
standing of the problems.
The following is the format for this final report:
Part I. Overview of Federal and State Law and
Agencies"
In this introductory section a brief review is made
of the federal and state laws which are pertinent to the
development and operation of energy conversion facilities in
the Ohio River Basin. The purpose of this overviexv is to
set forth the basic federal and state legislation which
establishes and defines the decision making process of
governmental agencies involved with environmental problems
arising from the present and contemplated energy conversion
facilities in the study region.
Part II. Identification of Governmental Institu-
tions and Legal Authority by Media
This part approaches the identification of insti-
tutions and legislation by the media — air, water, land,
etc. — that will be impacted by the development and opera-
tion of the energy conversion facilities. As an example,
air pollution problems irrespective of whether they arise
from the extraction process or generation process are
identified in paragraph 1.0 in which air is the media.
This part may be somewhat more comprehensive than
is desirable for the consideration of environmental problems
arising from the energy generation processes. It does, how-
ever, furnish information to demonstrate the complexity
and a breadth of problems such as air pollution, water
pollution, and pollution of the land. It is also valuable
in identifying intermedia effects, and the institutional
arrangements and legislation dealing with these intermedia
problems.
Part III. Identification of Institutions and
Legislative Authority by Process
The purpose of Part II is to identify in more de-
tail those governmental institutions (agencies and depart-
III-E-111
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ments) and their legislative authority as such relate to
different processes utilized in the energy conversion in
the Ohio River Basin. This conforms to the research method-
ology adopted for the scientific and technological studies.
The energy conversion processes are:
1. Extraction of raw materials;
2. Transportation of raw materials and converted
fuels;
3. Raw material conversion;
4. Generation of electrical energy;
5. Transmission of electrical energy; and,
6. Consumption and conservation by consumers.
As an example, the federal and state agencies and
laws pertaining to the extraction (mining) of coal are set
forth in paragraph 1.1. The federal agencies and state
agencies involved in the regulation of coal mining together
with their enabling legislation are identified. The same
would apply with respect to the generation of electrical
energy utilizing nuclear fuels. The matrix accompanying
Part II is for general guidance while the textual materials-
keyed to the matrix — furnish the information.
Part IV. Permit Sequence and Public Participation
This part follows the "process approach" for
identifying governmental agencies having regulatory and
permit authority over such processes. It identifies the
point at which the governmental agencies exercise their
control over the entities developing and operating the
energy conversion facilities. This is done by identifying
the permits that are required for a particular operation or
process and also denoting when notices are required to be
given to the public and other governmental agencies as well
as the opportunities for the public and other governmental
agencies to participate in the permit process.
As an example, in the extraction process for coal
mining in the state of Indiana, there is identified what
permits are necessary from federal and state entities to
develop and operate a coal mining facility such as a strip
mine. Another example is the conversion of electrical
energy by a coal-fired steam electric generating plant.
Not only are required permits identified, but prob-
lems of sequencing of such permits are also identified.
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Due to the large number of agencies and statutes
involved and also the level of detail necessary to explain
adequately the functions of the agencies, a matrix or chart
approach is not feasible as the final product — i.e. the
agencies could not all be indicated in an understandable
matrix. The matrices are, therefore, utilized for purposes
of setting forth the scope of the materials covered in the
text. The matters set forth in each part are keyed to the
numbers used in the matrix.
May 16, 1977 Nicholas L. White
Principal Investigator
John F. Fitzgerald
Associate Investigator
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CONTENTS
I. INTRODUCTION III-E-1
A. FEDERAL III-E-1
B. ILLINOIS III-E-21
C. INDIANA III-E-28
D. KENTUCKY III-E-32
E. OHIO III-E-38
II. IDENTIFICATION OF GOVERNMENTAL INSTITUTIONS AND LEGAL
AUTHORITY BY MEDIA: INTRODUCTION III-E-42
A. FEDERAL MATRIX III-E-46
B. ILLINOIS MATRIX III-E-90
C. INDIANA MATRIX III-E-94
D. KENTUCKY MATRIX III-E-97
E. OHIO MATRIX III-E-102
III. IDENTIFICATION OF INSTITUTIONS AND LEGISLATIVE AUTHORITY
BY PROCESS: INTRODUCTION III-E-110
A. FEDERAL III-E-111
B. ILLINOIS III-E-132
C. INDIANA 111-E-136
D. KENTUCKY III-E-143
E. OHIO III-E-155
IV. IDENTIFICATION OF INSTITUTIONS AND LEGISLATIVE AUTHORITY
BY PERMIT: INTRODUCTION III-E-167
A. FEDERAL III-E- 169
B. ILLINOIS I II-E-184
C. INDIANA I II-E-191
D. KENTUCKY I II-E- 194
E. OHIO III-E-206
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OHIO RIVER BASIN ENERGY STUDY (ORBES)
Nicholas L. White', School of Law.
Indiana University, Bloomington,
Principal Investigator
John F. Fitzgerald, School of Public and
Environmental Affairs, Indiana University,
Associate Investigator
John M. Fitzgerald, School of Law.
Indiana University, Bloomington,
Legal Researcher
Anna Jenifer Robison, School of Law.
Indiana University, Bloomington,
Legal Researcher
LEGAL ANALYSIS OF INSTITUTIONAL ACCOUNTABILITY
The subject matter covered by this memorandum is set
forth in Appendix Two of the detailed work submitted for the
Special Study and involves federal laws concerning federal
institutions and legislative authority classified by process
and media.
I. INTRODUCTION
' A. FEDERAL
There are numerous federal statutes and regulations
which apply to the impact of energy generation facilities in
the Ohio River Basin. The federal statutes having the greatest
direct impact are:
A. National Environmental Policy Act (NEPA).^
B. Federal Water Pollution Control Act Amendments
of 1972.2
C. Clean Air Act of 1970.3
D. Federal Power Act.^
E. Resource Conservation and Recovery Act of 1976.
F. Energy Supply and Environmental Coordination
Act of 1974.B .
G. Noise Control Act of 1972.
H. Energy Conservation and Production Act (1976).
Prior to identifying the specific federal statutes and regu-
lations which apply to such processes as extraction of raw
materials, transportation of raw materials, electrical energy
generation, and transmission of electrical energy, a brief
overview of the above statutes will be set forth.
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A. National Environmental Policy Act (NEPA).
The particular importance of NEPA is its environmental
impact statement requirements relating to major federal actions
affecting the environment. Thus, unless specifically excluded
by other legislation, many of the regulatory actions and licens-
ing actions of federal agencies are subject to the NEPA environ-
mental impact statement requirements. It is for this reason
that NEPA pervades many agency actions. The following descrip-
tion of NEPA is taken from materials prepared by Region V of
the United States Environmental Protection Agency.°
In general, NEPA has a threefold purpose: to declare
a national policy which will encourage productive and
enjoyable harmony between man and his environment; to
promote efforts which will prevent or eliminate damage to
the environment; to enrich the understanding of ecological
systems and natural resources important to the Nation. As
one means of implementing the above policies, Section
102(2)(c) of NEPA requires each Federal agency to prepare
a statement of environmental impact in advance of each
major action, recommendation or report on legislation
that may significantly affect the quality of the human
environment. Environmental impact statements serve to
document the environmental consequences of a proposed
action and to build into a federal agency's decision-
making process a continuing awareness of environmental
considerations.
NEPA established within the Executive Office of the
President, the Council on Environmental Quality (CEQ)
assigned with the responsibilities to study the condition
of the Nation's environment; to coordinate Federal envir-
onmental efforts and programs, and to see that all Federal
activities take environmental considerations into account.
The Council serves in an advisory capacity to the President
regarding environmental affairs. In addition, CEQ as-
sists other agencies in determining the applicability of
NEPA to agency actions and in promulgating agency pro-
cedures to meet NEPA requirements.
Environmental Impact Statement
1. The EIS Process.
As early in the decision-making process as practicable,
an agency prepares a draft impact statement for review by
appropriate federal, state and local agencies as well as
the public. After comment from agencies and other inter-
ested parties, the statement is prepared in final form,
incorporating all comments and objections received on the
draft and indicating how significant issues raised during
the commenting process have been resolved. Both draft
and final statement are filed with CEQ and made available
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to the public. In addition to public and local agency
comment, CEQ has designated which Federal agencies
should review environmental impact statements according
to the type of impacts involved. Impact statement re-
viewers comment on the environmental impacts of the pro-
posed project with regard to their particular areas of
expertise or jurisdiction by law, e.g. maintenance of
air, water and noise quality standards, effects on plants
and animals, etc.
Besides the NEPA requirements, under Section 309
of the Clean Air Act, the Environmental Protection Agency
(EPA) must "review and comment in writing on the environ-
mental impact" of any legislation, action or regulation
proposed by any Federal agency if it affects matters
related to EPA's jurisdiction. EPA has integrated its
Section 309 responsibility into the NEPA impact state-
ment review process; reviews the proposed action with
regard to public health, welfare, and environmental
quality; and notifies CEQ on a weekly basis of their com-
ments. CEQ publishes notice of all impact statements
received on a weekly basis and EPA publishes notice of
all impact statements reviewed on a bi-weekly basis in
the Federal Register.
CEQ has published guidelines for preparing impact
statements in the August 1, 1973 Federal Register.
(40 C.F.R. §1500.) The CEQ guidelines serve as a pro-
totype used by each Federal agency to develop its own
guidelines to meet Federal requirements for impact state-
ment preparation and content. Agency guidelines should
include such items as: the types of agency actions that
require EIS's, type of information to be included in
the EIS; the appropriate time and methods of seeking
other agency and public comments, etc. In addition, CEQ
guidelines specify that agencies include procedures for
providing public hearings on major actions with environ-
mental impact, whenever appropriate, and for providing
the public with relevant information, including alter-
native courses of action.
Both NEPA and the CEQ guidelines explain what infor-
mation must be included in impact statements. Accord-
ingly, each draft environmental impact statement must...
a) describe the proposed action with information
and technical data adequate to permit a care-
ful assessment of the total environmental impact.
b) discuss the probable impact on the environment
including any direct or indirect consequences
that may result from the action.
c) include any adverse environmental effects that
cannot be avoided.
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d) present all alternatives to the proposed action
that might avoid some or all of the adverse
environmental effects.
e) assess the cumulative long-term effects of the
proposed action including its relationship to
short-term use of the environment versus the
environment's long-term productivity.
f) discuss any irreversible or irretrievable
commitment of resources involved in the pro-
posed action.
A Final EIS must include any substantial changes in the
proposed action besides a discussion of problems and
objections raised by other Federal, State and local agen-
cies, private organizations and individuals during the
Draft EIS review process.
The CEQ guidelines for preparation of impact state-
ments are amended from time to time and generally appear in
the latest edition of the CEQ annual report entitled, "Envir-
onmental Quality."
The determination by an agency to file or not to
file an EIS is made in two steps. These have been character-
ized as threshold determinations. The first threshold deter-
mination is whether the particular act or proposal of the
agency is a major federal action. If it is not, no EIS is
required. If it is identified as a major federal action, then
the second determination must be made as to whether there will
be a significant impact on the environment. If not, a nega-
tive declaration is filed, and an EIS is not required. If it
is deemed that the major federal action will have a significant
impact on the environment, an environmental impact statement
must be prepared. This assumes an even earlier determination
that the particular federal action is not categorically exempt.
As an example, Section 511 of The Federal Water Pollution Act
Amendments of 1972 exempts certain actions of the EPA admin-
istrator from the requirements of NEPA.9 This is accomplished
by identifying these actions as not being major federal actions
significantly affecting the quality of the human environment.
Each agency has adopted its own procedures for making
determinations with respect to environmental impact statements
and preparation fo such statements. (See Appendix A attached
hereto for a listing of agency NEPA procedures as of June 2,
1976). As an example, some of the more important agencies
with respect to the ORBES study include the Corps of Engineers
(Department of Defense), Environmental Protection Agency,
Energy Research and Development Administration, Federal Energy
Administration, Federal Power Commission, Department of Inte-
rior (numerous bureaus such as the Bureau of Mines, National
Park Service, etc.) and the Nuclear Regulatory Commission.
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Nearly all of EIS regulations adopted by these agencies
require applicants for federal grants or licenses to submit
with their application an environmental assessment or report.
The EIS may be prepared with the help of consultants or by the
grantees (such as a state agency), but the federal agency re-
mains fully responsible and must independently evaluate such
statement prior to its approval and adoption. *~®
In addition to EIS's for individual actions, there
are requirements for preparation of EIS's along program lines.
The CEQ guidelines and language in Kleppe v. Sierra Club,
427 U.S., 390, 410; 8 ERC 2169 (1976) encourages the prepara-
tion of more comprehensive program statements. In Kleppe it
was note;d: "A comprehensive impact statement may be necessary
in some cases for an agency to meet this duty (of early ass-
essment of environmental impact). Thus, when several pro-
posals for coal related actions that will have correlative or
synergistic environmental impact upon the region are pending
concurrently before an agency, the environmental consequences
must be considered together. "H
As noted earlier, the draft EIS must be circulated
to the federal and federal-state agencies with jurisdiction
by law or special expertise with respect to any environmental
impact involved. All agencies must also publicly announce
the availability of the draft EIS and make the draft avail-
able to the public. While NEPA does not require the holding
of hearings, CEQ guidelines and those guidelines or regula-
tions of many of the agencies do require public hearings if
warranted by the amount of public interest, complexity,
public involvement, or magnitude of the proposal. Comments
on the draft when received by the agency must be considered
and included in the final EIS.
The availability of judicial review of the decisions
of agencies regarding the necessity to prepare an EIS, and,
if prepared, whether it reflects the intent of NEPA has pro-
duced a great number of court decisions. The federal courts
have been actively involved in oversight of agency compliance
with NEPA. Many such actions have been brought by public-
interest groups and citizens who are adversely affected or
aggrieved by the agency decision. Most challenges are either
based on the agency decision not to prepare an EIS, or, if
an EIS is prepared, that there was a procedural defect or
the decision regarding the project did not adequately con-
sider the adverse environmental impacts. While the courts
have indicated that they will not substitute their judgment
for that of the agency, the courts have, nevertheless, from
time to time, held that agencies did not give adequate con-
sideration to environmental impacts or alternatives as re-
quired by NEPA.
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B. Federal Water Pollution Control Act Amendment
of 1972 (FWPCA)^
There are numerous provisions of the FWPCA which apply
to energy related facilities including the extraction processes
and the generation processes. Such facilities will most likely
be point source dischargers under the terms of the Act. Perti-
nent provisions of the Act include the establishment of water
quality standards (ambient standards) for all receiving wa-
ters, ^ national effluent limitations standards,14 National
Pollution Discharge Elimination System (NPDES) permit system,
and, Section 208 Areawide Planning.16 The Act also provides
for identification and control sources of pollution from non-
point sources including mining operations and construction
operations.1^ The Act is comprehensive in that it attempts to
identify all sources of pollution and to regulate these so as
to improve water quality. Of these provisions of the FWPCA,
those establishing the national permit system (NPDES) and
related provisions have the most direct impact. As an example
the national effluent standards, or source control standards,
for all point sources are enforced by means of the NPDES per-
mit system. The NPDES permit system is designed to bring
about the use of the "best practicable" pollution control
technology by 1977, the "best available technology economically
achievable" by 1983, and ultimately to reach national "no
pollution discharge" goal by 1985 all in accordance with spe-
cific provisions of the Act.
Additionally, special permits for dredge or fill 2g
material,19 national effluent standards for toxic pollutants,
and national performance standards for new sources2 are pro-
vided for by the Act for EPA implementation. Implementation
of this comprehensive approach to water pollution control from
point sources is now significantly affecting the siting of
major industrial and energy facilities, the design of such
facilities if their operations will produce objectionable
effluent, the construction process itself, with its attendant
effects of erosion and sedimentation, and the subsequent
operation of such facilities.
The siting of energy conversion facilities and their
subsequent operation will come within the direct scope of
other provisions of the FWPCA. As an example, Section^306 of
the Act provides expressly for the establishment of a "stan-
dard of performance" for categories of dischargers including
"steam electric power plants."22 The term "standard of per-
formance" means a standard for the control of the discharge
of pollutants which reflects the greatest degree of effluent
reduction which the administrator determines to be achievable
through application of the best available demonstrated con-
trol technology processes, operating methods, or other alter-
natives including, where practicable, a standard permitting
no discharge of pollutants. Section .316 of the Act specifi-
cally identifies thermal discharges as a pollutant and re-
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quires that effluent limitations be established for such
discharges.23 In the event that the point source discharger
is on a "water quality limited segment" of a stream (a seg-
ment of the stream in which water quality standards can not
be met by application of the national effluent limitations)
more stringent limitations may be required.24
The following matrix is presented for the cases of new industrial and
nnony fnrl.lit-.ioa proposed for conatruction and operation.
25
Type of Regulation
New Source
Performance
Standard!!,
for each source
type (S.306)
A
B
C
D
E
etc.
National Standards for Specified Toxic Pollutants (S.307)
Special Consideration for Thermal Discharges (S.316)
Special Limitations to Ensure Achievement of Water Quality Standards (S.302)
Special Pretreatr.ent Requirements for Discharge into Public Treatment Works (S.307)
Special Permit System for Discharge of Dredged or Fill Material (S.404)
State Management Program for Regions with Substantial Hater Quality Problems
(S.208). . . to be developed
Scope of
Discharge
Permit
(S.402)
Figure IB1. Major Elements of FWPCA Applicable to the Siting, Construction!
and Operation of Industrial and Energy Facilities.
(References to sections of FWPCA appear in parentheses).
In addition, Section 208 of the FWPCA encourages
areawide land and water management planning for regions with
substantial water quality problems and EPA's draft guide-
lines for state use in planning for future developments which
would constitute point and nonpoint pollution sources, have
considerable implications for land use and facility siting.
State "208 plans" are now being developed in the ORBES study
region. Not only must Section 208 level planning be accom-
plished in urban-industrial areas, it must be performed for
all areas of each state.2** The Section 208 areawide plan is.
a comprehensive plan in which the sources of pollution are
identified and controlled. Thus, particular point sources
such as a steam-electric generating plant will be identified
in the plan and the amount of their discharge regulated by
terms of the plan so as to obtain or maintain the required
water quality. The same would be true with respect to sur-
face run-off (nonpoint sources) that would result from con-
struction of an energy conversion facility.
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C. Clean Air Act of 1970 (CAA)
The federal air pollution control program now being
implemented by the Environmental Protection Agency under the
authority of the Clean Air Act of 1970 represents a sweeping
national approach to the air quality.
Pursuant to Section 109 of the Act,27 the adminis-
trator of EPA has established national primary and secondary
ambient air quality standards. These standards for certain
air pollutants such as particulates and sulfur oxides are
pertinent to energy conversion facilities. Section 111 of
the Act2** requires that the administrator promulgate "stan-
dards of performance" governing emissions of air pollutants
by new stationary sources. As in the case of ambient air
quality standards involving particulates and sulfur oxides,
these new source standards of performance also relate to
these specific pollutants that are connected with the gener-
ation of electrical energy, particularly from fossil fuels.
Section 110 of the Act29 requires each state to pre-
pare a state implementation plan (SIP) which will result in
the state attaining the national primary and secondary ambient
air standards. The Act has also been interpreted in Sierra
Club v. Ruckleshaus, 344 F, 2d 253 (D.C.D.C. 1972), affirmed
by memorandum (D.C.Cir.), affirmed by an equally divided court,
412 U.S. 541 (1973), to mean that the Act requires a policy
of non-degradation of existing clean air. Both the SIP of
a state and the policy of non-degradation can have substan-
tial impact upon the siting of electric generating facilities.
The SIP must include, among other matters, a procedure for
review prior to construction or modification, of the location
of new sources to which a standard of performance applies.3"
This is pertinent to electric generating facilities, since
standards of performance have been established for this in-
dustrial category.31 if the state fails to prepare and adopt
its own SIP, the administrator has the duty to promulgate an
SIP for the state.32
In addition, other EPA functions of a sociotechnical
nature — particularly the exercise of constraints on land
use and the siting of new facilities with air quality impli-
cations — have become highly controversial. These constraints
on land use, with their significant but unmeasurable implica-
tions for economic development and traditional concepts of
growth, are manifest in a number of EPA programs now in
various stages of development. As noted earlier, it is re-
quired that there be a preconstruction review of new station-
ary sources of air pollution.
The following figure furnishes a general overview of
certain features of air pollution control programs as such
relate to land use and the development of new stationary sources
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EPA: Establishment of National Ambient Standards (S.109,
40C.F.R.Pt. 50,36 Fed.Reg. 22384(1971) j
Establishment of Air Quality Management Regions (S.107-110)
Authority
Approval
Each State and EPA: Development of Implementation Plan (S.110,
40C.F.R. Pt.51 36 Fed.Reg.15486(1971),with Inclusion of
Following Elements:
Program for Achievement and Maintenance of Ambient
Standards (40C.R. R.Pt. 51, 52) ;
Program for Prevention of Significant Deterioration(40 C.R.R.Pt.52);
Maintenance Plans for Metropolitan Centers (40 C.R.R.Pt.52).
T
New Stationary
Source Review at
Pre-Construction
Stage (S.Ill,40
C.R.R.Pt.60)
Figure Id. Major Elements of CAA Applicable to the Siting,
Construction, and Operation of Major Industrial Facilities.
(References to sections of CAA and subsequent regulations
appear in parentheses).
D. Federal Power Act.
The Federal Power Act35 regulates the transmission
and sale of electrical energy in interstate commerce. The
Federal Power Commission36 is the agency which enforces this
Act. Its impact is indirect, since it primarily regulates
the business of the transmission and sale of electrical
energy as compared with controls which have as their primary
purpose the protection of the environment.
E. Resource Conservation and Recovery Act of 1976^.
This recent Act37 provides for amendments to the
Solid Waste Disposal Act.38 To the extent that waste from
the electric generating facilities can be deemed hazardous
wastes, they will come under new standards which apply to the
generators of such hazardous wastes and transporters of
hazardous wastes, as well as those who are treating, storing,
or disposing of such hazardous wastes.
In addition, there are provisions for state or re-
gional solid waste plans.39 The terms of these plans could
affect methods by which wastes are disposed from electric
generating facilities and extraction processes such as sur-
face-mining and deep-mining. In the case of electric generation
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facilities using fossil fuels, certain wastes are generated
in large quantities in the form of sludges from electro-
static precipitators and scrubbers. These could come under
provisions of the state or regional solid waste plans.
F. The Energy Supply and Environmental Coordination
Act of 1974 (ESECA) as Amended by Pub. L.94-163.
ESECA's purposes are (1) to provide for a means to
assist in meeting U.S. fuel needs consistent to the fullest
extent practicable with existing national commitments to
protect and improve the environment and (2) to provide
requirements for reports respecting energy resources.40
In order to carry out its major purpose, the Act
instructs the Federal Energy Administrator that he shall
prohibiy any fossil-fuel powerplant and may prohibit any major
fuel burning installation from using petroleum or natural gas
given certain conditions:41
1) If the plant has the capacity to burn coal (with-
out exceeding primary air quality standards or
regional limitations, or posing a significant
risk to public health due to other emissions for
which standards have not yet been adopted. Sources
will be considered unable to do so only if nec-
essary technology or other alternatives means
of control are not available as determined by
EPA;42
2) If coal will be available to the plant during
the period of the order; and
3) If the service of the utility concerned will
not be impaired.43
In order to further this plan, FEA is given powers
to allocate coal to carry out purposes of the Act.44
FEA may also require a plant in the early planning
stages to be designed to burn coal as its primary energy
source. Authority to make such orders or rules was extended
to June 30, 1977. Such orders or rules may take effect any-
time before January 1, 1985. Authority to change or enforce
such orders or rules expires December 31, 1984.46
ESECA amended the Clean Air Act §119 labeled "Energy
Related Authority".47 This section as amended gives EPA
authority to suspend temporarily any stationary source fuel
or emission limitation if such fuel is unavailable or if
that source has converted to coal and can still meet the
primary standards applicable to such source.48 EPA shall
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issue compliance data extensions to sources ordered by FEA
to use coal if primary standards and regional limitations
can still be met. Extensions should not be granted if
conversion can be accomplished without extensions.^9
Sources must still be brought into compliance with
original goals by January lr 1979, although one year exten-
sions are available for plants to be phased out under §119(f)
of the CAA.50
EPA may also promulgate new emission limitations
which are applicable to coal use.5-*-
States may also enforce air pollution standards in
regard to ESECA exempted plants, but EPA may require revision
of SIP's in light of ESECA without interfering with the attain-
ment of any National Air Quality Standard.52
G. Noise Control Act of 1972.
The federal Noise Control Act of 197253 marks the
beginning of a national effort to control noise pollution
at the source of emission. Drawing on general federal author-
ity under the Commerce Clause of the Constitution5'* and the
specific requirements of the Noise Act, EPA has begun to
develop noise emission standards for certain types of pro-
ducts. 55 Among those products to be regulated are "construc-
tion equipment", transportation equipment, motors, and
electrical equipment.5° Although EPA lacks authority under
the Act to establish ambient standards for noise levels in
the general environment, it has undertaken research to deter-
mine the effects of noise on, and the levels of noise inten-
sity and frequency necessary to protect the public health
and welfare.5' These standards will be of use to those states
and muncipalities seeking to improve their regulations by
establishing acceptable ambient noise levels in accordance
with their "police powers."
The implications of this bifurcated approach to noise
pollution for land use and the construction of facilities will
depend to a considerable extent on the site-related require-
ments for ambient noise levels that are in effect and enforced
by state and local authorities. For facility construction and
operation, the matrix presented below represents the present
noise control framework to be considered by project developers
and management in siting, scheduling, and designing their new
developments. The figure also includes reference to other
governmental authorities with noise control programs of
relevance.5
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Authority to Control Noise
EPA: National Standards
for Eguipmtnt
Emissions per Noil*
Control Act of 1972
(FAA for Aircraft)
Occupational Safety & Health
Admin.:
On-Sitg Ambient Levels for
Worker Exposure per 29
U.S.C.A. 651 ft seq. and
other laws
State and Local Govt's:
Off-Site Ambient Leveli for
Public Exposure per Code*
and Ordinances
Housing and Urban Develop-
ment and other Government
Agency Funders and Devel-
opers of Facilities: On-Sitt
Levels for Occuptnt Expo-
Sure per Agency Regulation*
and Specifications
Stage of Development of Project
Construction
Construction Equipment.
Trucki. Motori. etc.
Construction Workers
Operation
Electrical Equipment.
Motors, etc
Facility Employees
Various Parameters: time. site, frequency and/or Intensity
of noise, etc.
HUD-subsidized Housing
Occupants, for example.
Figure IC1. Major Noise Control Requirements Applicable
'
The Noise Act would appear to have little impact upon
the siting and operation of energy generation facilities, al-
though some of the equipment and operations may come within
its scope. This would be particularly true with respect to
construction equipment the operation of which might exceed
federal noise emission standards.
H. Energy Conservation and Production Act.
cq
The Energy Conservation and Production Act3 enacted v
in 1976 represents a significant milestone of federal law
relating to energy consumption and production. Its effect
will be indirect in that its goal of reducing consumption of
energy and conserving energy will effect overall demand for
electrical energy. This Act approaches the energy consumption
problem in several ways.
First, there are provisions for electric utility rate
design research and demonstration projects to be developed
by the administrator of the Federal Energy Administration.60
The Administrator is also authorized to intervene and parti-
cipate before state utility regulatory commissions in matters
involving electric utility rate or rate designs.61 The Ad-
ministrator may award grants to state consumer protection
agencies to assist in their presentations before the state
utility regulatory commissions.62 The purpose of these
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provisions of the Act are to reduce consumption and encourage
conservation through rate designs and structures. •*
Second, the Act provides for the research and develop
ment of energy conservation standards for new buildings.64
Administrator of the Federal Energy Administration is to
develop these standards in consultation with the Secretary of
Commerce, the Director of National Bureau of Standards, and
the Administrator of the General Services Administration.^^
Implementation is provided in the Act by means of withholding
of federal assistance for construction of any new commercial
or residential buildings in any area of any state unless the
appropriate building code provisions have been adopted and
are in force.** 6
Third, a similar program is provided in the Act for
assistance for existing buildings. ' In addition to research
and development, grants may be made for weatherization of
existing buildings of low-income persons.68
Finally, the Act provides for federal guarantees of
state and local government (or their agencies) obligations
which are incurred to finance energy conservation measures.69
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FOOTNOTES
1. National Environmental Policy Act of 1969,
42 U.S.C. §§4321 et seq. (1970).
2. Federal Water Pollution Control Act Amendments
of 1972f 33 U.S.C. §§1251 et seq. (Supp. V, 1975).
3. Clean Air Act of 1970, 42 U.S.C. §§1857 et seq.
(1970 and Supp. V, 1975).
4. Federal Power Act, 16 U.S.C. §§791 et seq. (1970).
5. Resource Conservation and Recovery Act of 1976.
Pub. L. 94-580; 42 U.S.C.A. §§6901 et seq.
(Supp. Dec. 1976).
6. Energy Supply and Environmental Coordination Act
of 1974, 88 Stat. 246 (Codified in 15 U.S.C.
§§791-798, and scattered sections of 42 U.S.C.)
as amended by Act of Dec. 12, 1975, Pub. L. 94-163,
89 Stat. 875, 960 (15 U.S.C. §§792, 796)(Supp. V,
1975).
7a. Noise Control Act of 1972, 42 U.S.C. §§4901-4918,
U.S.C. §1431 (Supp. V, 1975).
7b. Energy Conservation and Production Act, 42 U.S.C.
§§6801 et seq.(Supp. Pamphlet 1974 to 1976).
8. Environmental Impact Statement Directory (2nd Edit.),
Prepared by Federal Regional Council Region V,
Task Force on Environmental Impact Study, April
1976, 1-3.
9. 33 U.S.C. §1371 (Supp. V, 1975).
10. Green County Planning Bd. v. FPC, 455 F.2d 412, 422,
(CA2, 1972), cut. denied, 409 U.S. 849 (1972);
42 U.S.C. §4232 (D) allows state preparation with
Fed. agency oversite. The only exception to this
general rule is Section 104(h) of the Housing and
Community Development Act of 1974 authorizing HUD
to delegate all NEPA responsibilities in connection
with block grants for urban renewal projects, 42
U.S.C. §5304 (Supp. V, 1975).
11. 427 U.S.C. 390, 410; 8 ERG 2169, 2176. See, 7 Env. L.
181 (Fall, 1976). See also. Scientists Institute for
Public Information, Inc. v. AEC, 481 F.2d 1079 (CA DC
1973), requiring program EIS for the Liquid Fast Metal
Breeder Reactor Program in addition to statements on
III-E-14
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individual demostration power plants. Agency regu-
lations recently promulgated require programmatic
EIS's in some situations: Army Corps of Engineers,
33 C.F.R. §209.410(e) (5); Federal Highway Adminis-
tration, 23 C.F.R. §771.5; Forest Service, 39 Fed.
Reg. 38244, 38250 (1974).
12. For a general discussion of Federal Agency NEPA Pro-
cedures and related Court Decisions see BNA Env.
Reporter, Monograph No. 23.
13. 33 U.S.C. §1313 (Supp. V, 1975).
14. Id. §1316.
15. Id_. §1342.
16. Id. §1288.
17. Id. §1288(b).
18. Id. §1311(b).
19. Id.. §1344.
20. Id. §1317.
21. Id. §1316.
22. Icl. §1316 (b) (1) (A).
23. Id. §1326.
24. Id. §1313(d).
25. M. Baram, Environmental Law and the Siting of
Facilities 6 (1976).
26. Natxiral Resources Defense Council, Inc. et al. v.
Train, 396 F. Supp. 1386 (D.D.C. 1975). See
also 40 C.F.R. §131.10(b), 40 Fed. Reg. 55343.
27. 42 U.S.C. §1857c-4 (1970).
28. Id. §1857c-6.
29. 42 U.S.C. §1857c-5 (1970 and Supp. V, 1975).
30. Id. §1857c-5(a)(2)(D).
31. 40 C.F.R. §60.40 (1976). Standard for Performance for
Fossil-Fuel Steam Generators.
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32. 42 U.S.C. §1857c-5(c)(Supp. V, 1975.
33. Supra n. 30.
34. M. Baram, supra note 25, at 7.
35. 16 U.S.C. §§791 et seq. (1970).
36. Id. §792.
37. Pub. L. 94-580; 42 U.S.C.A. §§6901 et seq.
(Supp. Dec. 1976.)
38. 42 U.S.C. §§3251 et seq. (1970).
39. Pub. L. 94-580, Subtitle Df §§4001-9; 42 U.S.C.A.
§§6941-9 (Supp. Dec. 1976).
40. 15 U.S.C. §791 (Supp. V, 1975).
41. Id. §792.
42. 42 U.S.C. §1857c-10 (Supp. V, 1975).
43. 15 U.S.C. §792(b)(l) (Supp. V, 1975).
44. Id. §792(d).
45. Id. §792(c).
46. Id. §792(f).
47. 42 U.S.C. §1857c-10 (Supp. V, 1975).
48. Id. §1857c-10(b).
49. Id. §1857c-10(c).
50. Id. §1857c-10(c) comment: The January 1, 1979 date
was not extended when FEA limits for action were
extended to 1985 by Pub. L. 94-163 in 1975.
51. Id. §1857c-10(d) (2) (A).
52. 42 U.S.C. §§1857d-l, C-5(a)(3)(B).
53. U.S.C. §4901 et seq. (Supp. V, 1975).
54. Art. I, §8, Clause 3.
55. 40 C.F.R. §§201-205 (1976).
III-E-16
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56. 42 U.S.C. §4905(a)(l) (Supp. V, 1975). Emission stan-
dards have already been set for railroads, 40 C.F.R.
5201: interstate motor carriers, 40 C.F.R. §202;
construction equipment, 40 C.F.R. §204; and trans-
portation equipment, 40 C.F.R. §205. In addition,
the manufacturer of any article or goods may apply
for EPA certification as a low-noise-emission-product
under 42 U.S.C. §4914, 40 C.F.R. §203.
57. See, 42 U.S.C. §4904 (Supp. V, 1975).
58. M. Baram, supra note 25, at 8.
59. 42 U.S.C.A. §§6801 et seq.
60. 42 Id. §§6803 and 4.
61. 42 Id. §6805.
63. 42 Id. §6801.
64. 42 Id. §§6831-6840.
65. 42 Id. §6833.
66. 42 Id. §6834.
67. 42 Id. §§6851-6872.
68. 42 Id. §§6861-6872.
69. 42 Id. §6881.
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I. INTRODUCTION
Appendix A
(Source: Environment Reporter, Monograph "Federal Agency
NEPA Procedures/1 No. 23, July 9, 1976, published by
Bureau of National Affairs.)
Department of Agriculture (USDA)
Departmental — 39 FR 18678 (1974).
Agricultural Stabilization and
Conservation Service (ASCS) — 7 CFR 799 (1974).
Animal and Plant Health Inspection
Service (APHIS) — 39 FR 3696 (1974).
Farmers Home Administration — 41 FR 22255 (1976).
Forest Service — 39 FR 38244 (1974).
Rural Electrification Administration — 39 FR 23240 (1974),
Soil Conservation Service — 7 CFR 650 (1974), amended,
39 FR 43993 (1974), 40 FR 10951 (1975).
Appalachian Regional Commission — 36 FR 23676 (1971).
Canal Zone Government — 41 FR 18360 (1976).
Central Intelligence Agency (CIA) — 39 FR 3579 (1974).
Civil Aeronautics Board (CAB) — 14 CFR 312, 40 FR 37182
(1975), amended, 40 FR 59425 (1975).
Department of Commerce
Departmental — 40 FR 5175 (1975).
Coastal Zone Management — 15 CFR 925, 40 FR 8546 (1975).
Department of Defense (DOD) — 32 CFR 214 (1974).
Army ~ 40 FR 55962 (1975).
Corps of Engineers — 33 CFR 209.410 (1974).
Delaware River Basin Commission — 18 CFR 401.51 (1974).
Environmental Protection Agency (EPA)-
Nonregulatory actions — 40 CFR 6(1975).
Manual for Preparation of Environmental Impact
Statements for Wastewater Treatment Works, Facili-
ties Plans and 208 Areawide Waste Treatment Manage-
ment Plans (EPA June 1974).
New Source NPDES Permits — Proposed: 40 FR 47714 (1975).
Regulatory actions — Statement of Policy, 39 FR 16186
(1974). Procedures for Voluntary Preparation, 39 FR
37419 (1974).
Section 309 Review — EPA Manual, Review of Federal
Actions Impacting the Environment (1975).
Energy Research and Development Administration (ERDA) —
10 CFR 11 (1974), amended, 40 FR 8795 (1975).
Federal Communications Commission (FCC) — 47 CFR 1.1301
et seq. (1974), amended, 40 FR 53393 (1975).
Federal Energy Administration (FEA) — 10 CFR 208, 41 FR
4722 (1976).
Federal Power Commission (FPC) — 18 CFR 2.80 (1972),
amended, 38 FR 15946 (1973).
Federal Trade Commission (FTC) — 16 CFR 1.81 - 1.85 (1971).
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General Services Administration (GSA)
Departmental — GSA Order Adm. 1095.1, 40 FR 15131 (1975).
Public Buildings Service — GSA Order PBS 1095, 40 FR
27733 (1975).
Department of Health, Education, and Welfare (HEW) — HEW
General Administration Manual — ens. 30-10 through 30-16
(1973).
Food and Drug Administration (FDA) — 21 CFR 6 (197.3) ,
amended, 40 FR 16663, 23035, 31606 (1975),
41 FR 21768 (1976).
Department of Housing and Urban Development (HUD)
General — HUD Dept. Handbook 1390.1, 38 FR 19182 (1973),
amended, 39 FR 38922 (1974). Proposed amendment to
HUD Dept. Handbook 1390.1: 41 FR 17506 (1976).
Community Development Block Grants — 24 CFR 58 (1975),
amended, 40 FR 22253, 29992 (1975), 41 FR 20522 (1976).
Department of Interior
Departmental — 36 FR 19343 (1971).
Bonneville Power Administration — 37 FR 815 (1972).
Bureau of Indiana Affairs — Interim Guidelines: Environ-
mental Quality Handbook, 30 BIAM Supp. 1, (Aug. 29, 1973),
Bureau of Land Management — BLM Manual 1790 (6/13/74),
1791 (6/17/74), 1792 (3/15/76), 1793 (8/1/74).
Bureau of Mines — 37 FR 2895 (9172).
Bureau of Outdoor Recreation — 37 FR 6501 (1972).
Bureau of Reclamation — Reclamation Instructions, Series
350, Pt. 376, Ch. 5, (1/12/72), amended 11/6/72, 10/12/73.
Fish and Wildlife Service — Bureau Transmittal Memos
(Aug. 12, 1974 & Nov. 8, 1974).
Geological Survey — 37 FR 5263 (1972).
National Park Service — Guidelines (July 29, 1974).
Interstate Commerce Commission (ICC) — 49 CFR 1100.250
(1972). Proposed: 40 FR 37233, 50108 (1975).
Department of Justice
Law Enforcement Assistance Administration (LEAA) —
28 CFR 19 (1974).
Department of Labor
Occupational Safety and Health Administration (OSHA)
— 29 CFR 1999 (1974).
National Aeronautics and Space Administration — 14 CFR
1204.11 (1974).
National Capital Planning Commission — 36 FR 23706 (1971),
amended, 37 FR 16039 (1972).
National Science Foundation — 45 CFR 640 (1974).
Nuclear Regulatory Commission (NRC) — 10 CFR 51 (1974) ,
amended, 40 FR 8774, 8790 (1975).
Department of State
Departmental — 37 FR 19167 (1972).
Agency for International Development (AID) — Proposed:
41 FR 12896 (1976).
International Boundry and Water Commission — 39 FR
9868 (1974).
Tennessee Valley Authority (TVA) — 39 FR 5671 (1974).
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Department of Transportation (DOT)
Departmental — 39 FR 35232 (1974)
Federal Aviation Administration (FAA) — FAA Order
5050.2A, 40 FR 36516 (1975).
Federal Highway Administration (FHWA) — 23 CFR 771
(1974), amended, 40 FR 60052 (1975), 41 FR 9321 (1976)
Coast Guard — Commandant Instruction 5922.10B, 40
FR 49383 (1975), amended, 40 FR 52430 (1975).
Urban Mass Transportation Administration — DOT Order
5610.1, 37 FR 22692 (1972).
National Highway Traffic Safety Administration — 49
CFR 520, 40 FR 52395 (1975).
Saint Lawrence Seaway Development Corporation — 40
18026 (1975).
Department of the Treasury — 39 FR 14796 (1974).
Internal Revenue Service — 36 FR 15061 (1971).
Veterans Administration (VA) — DVB Circular 27-75-37,
40 FR 37126 (1975).
Water Resources Council — 36 FR 23711 (1971).
Postal Service — 39 CFR 775 (1972), amended, 40 FR
16511 (1975).
Sources: Agency NEPA Procedures as of Nov. 1, 1975;
furnished by CEQ; interviews with agencies; updated by
Code of Federal Regulations index and Federal Register
index.
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B. ILLINOIS
Environmental protection at the state level was
completely reorganized in 1971 by virtue of the Illinois Envir-
onmental Protection Act. As noted below, this Act created three
state level agencies to deal with environmental problems and
to implement water, air, and solid waste disposal legislation.
In addition to the Illinois Environmental Protection
Act and related legislation, Illinois has extensive legisla-
tion dealing with the regulation of strip mining. As in other
states, Illinois has laws regulating public utilities includ-
ing the electric, natural gas, and water industries.
The principal Illinois statutes and agencies include
the following:
1. Illinois Environmental Protection Act
a. Environmental Protection Agency
b. Pollution Control Board
c. Illinois Institute for Environmental Quality.
2. Surfaced-Mined Land Conservation and Reclamation
Act
a. Department of Mines and Minerals
3. Interstate Mining Compact Act
a. Interstate Mining Commission
4. Public Utilities Act
a. Illinois Commerce Commission
The Illinois Environmental Protection Act passed in
1971 is the state's primary piece of legislation designed to
deal with Environmental problems. By creating three new
agencies: The Illinois Environmental Protection Agency, the
Pollution Control Board, and the Illinois Institute for Envir-
onmental Quality, the state legislators gave force to their
purpose, "to establish a unified statewide program supple-
mented with private remedies to restore, protect, and enhance
the quality of the environment, and to assure that advance
effects upon the environment are fully considered and borne
by those who cause them."2
The Illinois Environmental Protection Agency has the
authority of surveillance and monitoring of pollution control
regulations, preparing and presenting enforcement cases before
the Pollution Control Board, formulating and enacting pollution
III-E-21
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control regulations, and recommending of regulations to the
Pollution Control Board.3 The agency has the authority to
require the submission of plans and specifications for appli-
cants who require permits to operate under its permit and
certification programs; the EPA does require the submission
of such plans.4 The agency also has the power to inspect
fuel combustion equipment for the discharge of thermal,
chemical, and sewage wastes.•*
As the designated Illinois agency for the Water
Pollution Control Act, Water Quality Act, and the Solid Waste
Disposal Act, the agency gains further federally related
responsibilities.6
The Pollution Control Board is vested with the author-
ity to approve standards in the state. The Board may adopt
rules and regulations prescribing standards for air emissions,
water effluents, thermal discharges, operating permits issuances,
and monitoring equipment inspections.^ Of particular impor-
tance to the siting of energy facilities are the air emission
standards and thermal discharge standards. The Board also has
the authority to regulate nuclear facilities.^
The Board has interpreted its powers broadly so as
to consider problems of pollution, solid waste disposal, and
thermal discharges. The five-member board also has the author-
ity to conduct hearings upon complaints charging violation of
the Act.^ it thus has significant review power over the
decisions of the Environmental Protection Agency.
The Illinois Institute for Environmental Quality is
the research institution created by the Environmental Pro-
tection Act, "to investigate practical problems and implement
programs relating to the technology and administration of
environmental protection, to obtain, store, and process rel-
evant data, and to recommend technological, administrative,
and legislative changes and developments respecting environ-
mental quality and recycling, reuse and conservation of natur-
al resources, and solid wastes."^ The Institute by legis-
lative mandate is required to undertake research on practical
problems of a long run nature, such as the development of
regional systems of solid waste collection and disposal.11
In particular the act covers six areas on environ-
mental concern: air pollution, water pollution, public water
supplies, land pollution and refuse disposal, and noise.12
Of particular importance to energy siting are the problems of
air pollution and water pollution. The Act originally included
authority over atomic radiation release, however, this author-
ity was preempted in Minnesota v. Northern States Power Co.,
whereby the U.S. Atomic Energy Commission was deemed the sole
regulatory agency with authority over radiation releases from
power plants.13
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In the areas of greatest concern to energy develop-
ment, air and water, the Environmental Protection Agency is
the chief administering body. It has inspection and surveil-
lance powers which are backed by the power to bring enforce-
ment action before the Pollution Control Board. ' It is
important to note that Illinois has not yet been approved
for self-administration of the National Pollution Discharge
Elimination System (NPDES) permit program by the federal
Environmental Protection Agency. As a result dischargers
in the state are subject to effluent limitations determined
at the federal level. 5 The state regulations pertaining
to water are the Illinois Water Pollution Control Regulations
which specify state water quality standards, state water use
classification, state effluent standards for discharge into
state waters, and state provisions for the NPDES program.^
In addition to the unapproved permit program, the state has
a separate set of Industrial and Commercial Waste Water
Standards, which establish specific requirements for all dis-
chargers in the state with regard to monitoring and reporting
procedures of effluent discharges, and performance criteria
for all existing and future sources of water pollution.^ In
the event that EPA has reason to believe a violation has
occurred, or if the Pollution Control Board requests, an
investigation may be undertaken by Illinois EPA.^8 In the
event of a dispute a hearing is held before the Pollution
Control Board wherein the burden of proof of violation is
upon the EPA. ^ The final decision of the Pollution Control
Board may include such penalties as cease and desist orders,
civil penalties, revocation of permit, or the requirement
to post a performance bond if the Board grants a delay in
order for the facility cited to meet standards.20 in the
event of a knowing violation of the Act a Class A Misdemeanor
may be charged against the violator.21
In order to keep the Pollution Control Board apprised
of the water pollution situation in Illinois, the EPA is
required to submit to the Board an annual waste discharge
report, which contains the type, quantity, and concentrations
of various contaminants being discharged, and a description
of proposed treatment, and scheduled dates of completion.22
The Air Pollution Control Division of Illinois EPA
handles the day-to-day surveillance of air contamination
sources, air quality and enforcement activities, and compliance
functions associated with emission limitations.23 in a manner
similar to water pollution policy, the Pollution Control Board
establishes ambient air standards and emission limitations,
conducts hearings on complaints and violations, and if nec-
essary takes enforcement action.24 The Illinois ambient air
standards are identical to the federal ambient air standards.2*
The permit system for construction, operation, and
modificcition of air pollutant sources was approved by the
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Pollution Control Board and is administered by EPA.26 When
an application is made, the applicant must submit informa-
tion showing that the source will not violate emission
standards, or tha't it will meet the requirements of its
compliance schedule, which is a schedule indicating when
necessary modifications will be undertaken. Outlined in
the compliance schedule are the control techniques which
will be used, the equipment to be purchased, and proof that
resources are available to meet the compliance schedules.
In case of an air pollution emergency, provisions
for determining that an emergency exists, action to be taken,
and required governmental activities are defined in the pollu-
tion control regulations.28
Enforcement alternatives are much the same as with
water pollution. Traditional civil and criminal penalties
are as available including money penalties, cease and desist
orders, revocation of permits, and the demand and posting
of a performance bond.29 Suits are filed on behalf of the
EPA by the Attorney General's Office, after a hearing before
the Pollution Control Board.30
In all cases by Title II of the Environmental
Protection Act parties who file a complaint on which a hear-
ing was denied, parties denied a variance as permit under
the Act, or any party adversely affected by the Act by a
final order or determination of the Pollution Control Board
are entitled to judicial review pursuant to the provisions
of the "Administrative Review Act."31
The Public Utilities Act of 1921 is the second law
of importance with respect to the siting of power plants in
Illinois.32 The Illinois Commerce Commission is authorized
by the Public Utilities Act to regulate rates and services
of industries doing business in Illinois.33 Among those
public utilities over which the Commission has regulatory
authority are electric, natural gas and water utilities.
Thus the Commission's powers are of importance in the pro-
cess of locating and constructing power facilities. Speci-
fically the Commission requires that a public utility obtain
a "Certificate of Convenience and Necessity" before beginning
construction.34 A facility is necessary according to the
Commission if it represents an improvement of sufficient
importance to justify the cost of making it." The Commission
may also grant the right of eminent domain through a Section
50 Order of the Public Utilities Act. The Commission's
decisions are usually based on questions of plant safety/
plant cost, and the presence of other utilities. The Com-
mission has recently expanded its criteria by also considering
land use implications of plant construction.35
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The Department of Mines and Minerals Administers
the Coal Mining Act with oversight by the State Mining Board.
General state provisions for raining development and operation
are provided in the Act.3° Important to environmental con-
sideration in regard to strip mining is the Surface-Mined
Land Conservation and Reclamation Act; this Act provides for
the reclamation and restoration of strip mined areas to
"optimum future productive use."37
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REFERENCES
1. Illinois Environmental Protection Act, 111. Rev. Stat.,
Ch. 111*5 §1001
2. Ch. 111*5 §1002 (b)
3. Ch. HUs §1004(f)
4. Ch. 111*5 §1004 (k) (n)
5. Ch. 111*5 §1004 (m), 1005 (Notes)
6. Ch. 111*5 §1004(m)
7. Ch. 111*5 §1005 (b) (c)
8. Ch. 111*5 §1005(e)
9. Asbury, J. G. and Hoagland, B.M., Power Facility Siting
in the State of Illinois - Part I, Siting Regulation
Alternatives,Illinois Institute for Environmental
Quality, 1974, p. 26.
10. Ch. 111*5 §1006
11. Ch. 111*5 §1006
12. Ch. 111*5 §1002
13. Minnesota v. Northern States Power Company, 447 F. 2d
1143 (8th Cir. 1971), aff'd, 40 U.S.L.W. 3483 (April
4,1972).
14. Ch. lll*s §1004(f) (e)
15. Pollution Control Guide, 1912-Para. 1914, 1975
16. Ibid., p. 1911-1912
17. Ibid., p. 1915
18. Ch. 111*5 §1005(d), Ch. 111*5 §1004(f)(k)
19. Ch. 111*5 §1004 (e)(f), §1040
20. Ch. 111*5 §1005 (Notes-Fines, powers, and duties)
21. Ch. 111*5 §1034 (c)
22. Pollution Control Guide, 1919-5, Para. 1920.5, 1975
23. Ibid., p. 4371, Para. 4531.15
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24. Ch. Ill's §1005(d)
25. Pollution Control, Commerce Clearing House, p. 4534
26. Pollution Control Guide, 4399-3, Para. 4536.05
27. Ibid., Para. 4536.10
28. Pollution Control Board Regs. Ch. 2, Rule 103
29. Ch. 111*5 §§1031, 1032
30. Ch. 14 §12
31. Ch. 110 generally, §264 et seq.
32. Ch. 111-2/3 §1 et seq., as amended
33. Ch. 111-2/3, Ort IV
34. Ch. 111-2/3 §56
35. Asbury and Hoagland on land use implications
36. Ch. 93, generally §1.15, §2.02
37. Ch. 93 §203 et seq.
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C. INDIANA
There is no one specific state agency or statute
which, provides for a regulation or control of energy genera^
tion facilities in Indiana. There are, however, as in most
other states, several Indiana state agencies and statutes
which impact and effect the -energy generation processes in the
state. The most significant of these are:
1. Environmental Management Board
(Environmental Management Act of 1972)
2. Air Pollution Control Board
(Air Pollution Control Act of 1961 as amended)
3. Stream Pollution Control Board
(Stream Pollution Control Act of 1943 as amended)
4. Board of Health
5. Department of Natural Resources
6. Indiana Public Service Commission
7. Indiana State Planning Commission
8. Indiana Energy Office
Each of these state agencies and their regulatory authority
as provided in their enabling legislation can, and do, affect
the different steps in the energy generation process.
1. Environmental Management Board
The Indiana Environmental Management Act establishes
an overall governing law for pollution control. (1C 1971,
13-7-1-1 et seq.) The Environmental Management Board (EMB)
is created by its provisions and it serves as the central pollu-
tion control agency in the state. In addition to creating a
central pollution control agency, the Act provides for the
formulation of a statewide environmental control and develop-
ment policy. Provisions of this Act provide for regulations to
control various areas of pollution including air and water, a
state permit program for discharges into state waters, enforce-
ment procedures and penalties for violation of state promul-
gated pollution laws and regulations. The EMB is authorized to
delegate its control powers to other agencies that have more
technical ability to perform the control function. The Act also
continued the authorities of the Stream Pollution Control Board
(SPCB) and the Air Pollution Control Board (APCB). Each of
these boards maintain designated functional areas of control,
regulation, and monitoring of pollution in the state. As a
result of this authority to delegate and the continuation of
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the powers and authorities of the SPCB and APCB, these latter
two boards are much more active and have far greater impact on
water and air pollution matters than does the EMB.
2. Air Pollution Control Board
The Indiana Air Pollution Control Law established in
1961 the Air Pollution Control Board (APCB) which is empowered
to promulgate rules and regulations relating to air pollution.
(1C 1971, 13-7-1-1 et seq.) This statute gives enforcement
authority to the APCB which can make orders and determinations
and hold hearings. As noted below under comments on the Board
of Health, the staff and budget of APCB are supplied by and
through the Board of Health. (1C 1971, 13-1-1-4(8))
3. Stream Pollution Control Board
The Stream Pollution Control Board (SPCB) was created
in 1943 by the Indiana Stream Pollution Control Act. (1C 1971,
13-1-3) It is through this Act and the Environmental Manage-
ment Act that the SPCB is the state water pollution control
agency for all purposes of the Federal Water Pollution Control
Act as amended in 1972. (1C 1971, 13-1-4-1 et seq. and 13-7-
2-10) The SPCB has the authority to take all necessary and
appropriate action to enforce the provisions of the federal
law(s) as they affect the state. The SPCB has the basic
authority and powers to regulate and control sources of water
pollution in the state which sources would include many energy
conversion facilities. The SPCB is the state agency to which
has been delegated by the U.S. Environmental Protection Agency
the National Pollution Discharge Elimination System (NPDES)
permit process in Indiana.
As in the case of the APCB, the SPCB is staffed and
budgeted through the Board of Health.
4. Indiana State Board of Health
The Board of Health provides the staff and services
for the EMB, APCB, and SPCB. Each of these boards has the
administrative location at the Indiana State Board of Health.
The Board of Health has the authority and the requirement to
assist and cooperate with other groups interested and affected
by air and water pollution problems. (1C 1971, 13-1-1-4(B)
and 13-1-3-1 et seq.) All appropriations for the EMB and its
functions are through the Board of Health. (1C 1971, 13-7-18-1)
A simplified diagram indicating the dependence of the EMB, SPCB,
and APCB on the Board of Health is as follows:
III-E-29
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INDIANA
Governor
Bd. of Health — H
EMB
Review I Revilew
SPCB
/
APCB
Water
Pollution
Control
Division
Air
Pollution
Control
Division
5. Department of Natural Resources
The Department of Natural Resources has numerous
duties and powers which can affect energy conversion facilities
in the state. Some of the more important include:
a. Responsibility for the management of the state's
river beds, state owned lands, mineral deposits,
and lands leased from the federal government.
b. Responsibility for construction actions that effect
the state's navigable streams. This is implemented
by a permit system based on the historic measure of
7-day, 10-year low flows. This is an especially
important function of DNR as it relates to projects
such as power plant construction which can effect
quantities of water withdrawn from such streams.
c. In general flood plain use and management inside
the state is the responsibility of DNR.
d. DNR is also responsible for the spacing, location,
and plugging of oil and gas wells in the state.
e.
The state's historic and archeological preserva-
tion responsibilities are included at DNR with the
Director acting as the state's chief officer. This
could be an important factor for site selection.
III-E-30
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f. The regulation of strip mining is the responsibility
of DNR and includes a permit system with bonds or
deposits to assure compliance. (.1C 197.1, 14-4-2~l
et seq.l
£. Indiana Public Service Commission
The Indiana Public Service Commission (IPSC) is the
state agency that regulates all of Indiana's utilities and
common carriers. The Commission has three members which are
appointed by the Governor. The main function of IPSC is to
review and approve ratesf accounting methods, service policies,
construction of facilities, and issuance of securities. The
Commission has a staff of approximately 70 to assist in
questions of technical relevance. IPSC is an important link
in the administrative and regulatory processes that accompany
the planning, construction, and operation of energy generation
facilities such as power plants and in the transportation of
raw materials used in the generation process.
7. Indiana State Planning Commission
While the Indiana State Planning Commission and Re-
gional Planning Commissions play an important advisory role
in the effective provision of public service and facilities,
there are no statutory authorities for these bodies to regulate
the planning, construction, or operation of energy facilities
in Indiana. For the most part, land use controls and zoning
that would affect the siting of energy generation facilities
is a matter of local control—e.g., county and city planning
and zoning.
8. Indiana Energy Office
Another important agency in Indiana relating to energy
matters is the Indiana Energy Office which was created to be
responsible for policy and administration of state energy pro-
grams. The Office administers the state "set-aside program"
for petroleum products. It also may conduct research on alco-
hol and gasoline systems and on coal and solid waste gasification.
It awards certificates of merit to businesses and individuals
that accomplish significant energy efficiencies. PL 94-163,
The Energy Policy and Conservation Act, provides for the Federal
Energy Administration to work with designated state agencies on
a state energy conservation plan. The Indiana Energy Office is
the administrator of that program in Indiana which provides for
increased energy efficiency in the state through lighting,
transportation, space heating, procurements, and construction
standards that promote judicious use of energy resources.
III-E-31
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D. KENTUCKY
Of the many agencies of the Commonwealth of Kentucky
which are concerned with the control and regulation of energy
development facilities and their impact on the environment,
the most important are:
1. Department for Natural Resources and
Environmental Protection^
a. Water Quality Division^
b. Division of Air Pollution-*
c. Division of Solid Waste^
d. Division of Reclamation^
2. Environmental Quality Commission6
3. Public Service Commission
Other state agencies include the Department of Mines and Min-
erals ,% Kentucky Geological Survey,9 Kentucky Energy Council,^
Office of Mandatory Allocation,!-'- Institute for Mining and
Minerals Research, 12 oil and Gas Conservation Commission, 1^
Department of Commerce, 1^ and the Development Cabinet. •* The
Office of the Governor has central control over all state
.agencies in the area of energy affairs by virtue of a state
government reorganization plan authorized in 1974.16 jn addi-
tion, the Governor has the statutory authority to issue execu-
tive orders that reorganize or terminate any state agency
charged with environmental protection and transfer its activi-
ties and resources to other state agencies.1?
1. Department for Natural Resources and
Environmental Protection
The Department for Natural Resources and Environmental
Protection is the central pollution control agency in the state.
This agency was authorized by the Environmental Protection Act
of 1972^° which created the Department of Environmental Pro-
tection. This Department was merged with the Department of
Natural Resources to create the new organizational arrangement,
the Department of Natural Resources and Environmental Protection.^*
The authority and duties of this Department are to administer and
enforce the rules and regulations promulgated under the Environ-
mental Protection Act; provide comprehensive environmental plan-
ning on the scientific, technical, and educational aspects of
such in the state; assist on an ad hoc basis local authorities
on special problems, and other broad activities normally associ-
ated with a lead state agency. Additionally, the Department has
the authority to regulate the mining of coal and subsequent
reclamation activities. All air, water, and land pollution
III-E-32
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activities as they relate to prevention, abatement, and over-
all regulation is the responsibility of the Department.20
The chief administrative officer of the Department
has the title of Secretary and has broad authority in cases
where the Secretary determines that a permanent danger is posed
to the people or the environment in the state. He may issue
immediate cease and desist orders which are followed by a hear-
ing procedure that results in final recommendations for action
to the Secretary.21 Statutory penalties for violations of the
Department's promulgations are provided for by statutes, in-
cluding provisions for civil damages that may be sought from
violators of the Act.22
The Department also administers grant programs that
are associated with the Federal Clean Water and Air Acts,23
as well as the Federal Solid Waste Disposal Act. The Kentucky
statutes also provides authorization for the Department to
promulgcite effluent limitations on point sources so that the
state qualifies under the National Pollutant Discharge Elimina-
tion System (NPDES).24
a. Water Pollution Division
Within the Department, the Water Pollution Division
has responsibility for water pollution control matters in- .
eluding the National Pollution Discharge Elimination System
(NPDES) permit system.2^ With respect to energy conversion
facilities, most of which will be point source dischargers,
the permit system provides a direct means of control. The
nonpoint source impacts of such energy conversion facilities
will also come under the supervision and control of the Water
Pollution Division.2^
In addition to the Water Pollution Division of the
Department, there is statutory authority for water sanitation
districts in the state.2^ The operations of the districts are
under the ultimate jurisdiction of the Department for water
quality plan approval, installation of sewage projects, annex-
ation of new districts, and general improvements activity.2^
b. Division of Air Pollution
Within the Department, the regulation and control of
air pollution matters is delegated to the Division of Air Pollu-
tion. 3° To the extent that energy conversion facilities create
air pollution problems, they are under the control of the
Division of Air Pollution.
With the approval of the Department, cities and counties
may adopt air pollution control measures for their jurisdictions
in addition to the promulgations of the Department's Division of
Air Pollution.31 These local boards may require more stringent
regulations than the Division. The Department has authority to
regulate these local boards.32 In the case of power plant sit-
III-E-33
-------
ing, power companies are required to file certificate of compa-
tibility for new sites either with the Department or with a
local authority where one exists.33
c. Division of Solid Waste
The Division of Solid Waste which has the direct
responsibility to enforce state policy which requires disposal
of solid wastes by environmentally and healthfully sound meth-
ods.-34 The Division issues permits to facilities that deal
with solid waste disposal.35 Except for household disposal on
private property which creates no general nuisance, there is
a prohibition for solid waste disposal without this permit.36
In addition to the authority of the Department for Natural Re-
sources and Environmental Protection, the Department of Health
has the authority to enforce rules and regulations concerning
the disposal of garbage, waste and human waste, and concerning
the safety of water for public use; this authority is derived
through the Water Pollution Control Commission.37
d. Division of Reclamation
One of the primary duties of the Division of Reclama-
tion is the supervision and control of strip mining. No organ-
ization may engage in strip mining in the state without a per-
mit from the Department. ° The Division is advised of areas
affected and performs the monitoring function for the Depart-
ment. Within the Department there is also a Reclamation Com-
mission which has authority to adopt regulations for strip
mining; to issue orders to operators requiring adherance to
reclamation regulations; and to issue final orders directing
the Division to revoke a permit.39
2. Environmental Quality Commission
The Environmental Quality Commission is also established
under the Environmental Protection Act of 1972.40 It serves as
an advisory body to the Department for Natural Resources and
Environmental Protection. In addition, all new regulations pro-
mulgated by the Department must be reviewed by the Commission
and the Commission may reject the imposition of new rules or
regulations. In this event, the Secretary of the Department
must file a memorandum with the Commission justifying the new
action and the Department may be required to hold hearings when
federally derived functions are involved.41 The Commission is
composed of seven (7) unpaid members who serve alternating four
year terms.
3. Public Service Commission
The Public Service Commission is the primary regulatory
body in the state for public utilities. It is, therefore, an
important agency for energy affairs. Under its statutory pro-
visions, it has jurisdiction over "any person except a city,
III-E-34
-------
who owns, controls, or operates, or manages any facility used
or to be used for or in connection with:
(a) The generation, production, transmission, or
distribution of electricity to or for the public,
for compensation, for rights, heat, power, or
other uses;
(b) The production, manufacture, storage, distribution,
sale, or furnishing of natural or manufactured gas,
or a mixture of same, to or for the public, for
compensation, for light, heat, power or other uses;
(c) The transporting or conveying of gas, crude oil,
or other fluid substances by pipeline to or for
public compensation."42
The five members of the Commission are appointed by
the Governor with the advice and consent of the Senate. The
Commission sets rates, supervises facilities, and gives terri-
torial certification.43 A certificate of public convenience
and necessity must be obtained from.the Commission prior to
the construction of any facility that is built for the purposes
set out above.44
III-E-35
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REFERENCES
1. KRS Ch. 224.011
2. KRS Ch. 224.014
3. Ibid
4. Ibid
5. Ibid
6. KRS Ch. 224.041
7. KRS Ch. 278.040
8. KRS Ch. 351
9. KRS Ch. 151.010
10. KRS Ch. 152A.410
11. KRS Ch. 152A.010
12. Jeffery Kell. Final Report on the Kentucky Environmental
and Economic Development Policy Project, BNftlll, Legisla-
tive Research Commission, Frankfort, Ky., 1975.
13. KRS Ch. 353.530
14. KRS Ch. 152.010, 224.420, 224.030, 152.320
15. KRS Ch. 152A.200, 152.750, 755, 12.250
16. Ratified in 1974 General Assembly via SB112
17. KRS Ch. 224.025
18. Kell p. N-2
19. Executive order 73-1, ratified by 1974 General Assembly,
KRS Ch. 224
20. KRS Ch. 224.033, subsections 10 and 20 provide the
language which enables enforcement of these duties.
21. KRS Ch. 224.071, .083
22. KRS Ch. 224.993, 224.110 .
23. Federal Water Pollution Control Act Amendments of 1972
and the Federal Clean Air Act
III-E-36
-------
REFERENCES (Continued)
24. KRS Ch. 224.005, amended
25. KRS Ch. 224.060
26. KRS Ch. 224A.010
27. Ibid
28. KRS Ch. 220.030
29. KRS Ch. 220.030, 220.040, 220.535 et al
30. KRS Ch. 224.330
31. KRS Ch. 77.015
32. KRS Ch. 224.450
33. KRS Ch. 278
34. KRS Ch. 224.250
35. KRS Ch. 224.255
36. KRS Ch. 224.260
37. KRS Ch. 224.030
38. KRS Ch. 350.060
39. KRS Ch. 350.028
40. KRS Ch. 224.041, .045
41. KRS Ch. 224.055
42. KRS Ch. 278.010
43. Ibid
44. Ibid
III-E-37
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E. OHIO
There are numerous statutes and state agencies in
Ohio which are concerned with energy conversion facilities
situated in the state. Those having the greatest direct
impact include:
1. Ohio Power Siting Commission^
2. Ohio Environmental Protection Agency2
3. a. Air Pollution Control^
b. Solid Waste Disposal^
c. Water Pollution Control5
3. Department of Natural Resources^
a. Oil and
b. Reclamation of Strip-Mined Land**
4. Public Utilities Commission^
5. Ohio Energy and Resource Development Agency^
6. Ohio Air Quality Development Authority-^3
The brief overview of the general authority of these agencies
is set forth hereinafter.
1. Ohio Power Siting Commission
The foremost agency with responsibility in energy
matters in Ohio is the Ohio Power Siting Commission which
has jurisdiction over the siting of major utility facilities,
including electric generating plants and associated facili-
ties, electric transmission lines of 25 kilovolts or more,
and certain gas transmission lines. H The Power Siting
Commission is composed of the Chairman of the Public
Utilities Commission of Ohio, the Director of the Ohio
Environmental Protection Agency, the Director of Health,
the Director of Development, and a member of the public
appointed by the governor. 12 Excepting replacement of an
existing facility, construction of any major utility facil-
ity requires a certificate from the Power Siting Commis-
sion. •* In order for the Power Siting Commission to grant
a certificate it must find that the construction, operation,
and maintenance of the facility will create minimal environ-
mental impact and will serve public convenience and neces-
sity. l^ No state agency or political subdivision may re-
quire a certificate or other approval after the Power Siting
Commission has issued a certificate.15 During construction
and for the first two years of operation, a facility is
subject to the jurisdiction of both the Power Siting Com-
mission and the OEPA as far as environmental impact is
concerned.
III-E-38
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2. Ohio Environmental Protection Agency
The Ohio Environmental Protection Agency (OEPA) de-
rives the bulk of its authority from ORC Chapters 3704, 3734,
and 6111. These chapters deal with air pollution, solid
waste disposal, and water pollution, respectively. Chapter
3704 gives OEPA the responsibility for adopting emission
limitations, ambient air quality standards, and rules and
regulations for carrying-out and enforcing the adopted
limitations and standards. The agency is further empowered
to issue operating permits, construction and modification
authorizations, and variances from the standards. In addi-
tion, the OEPA has such powers as are required to assure
compliance with the promulgated rules and regulations of the
OEPA. Chapter 3734 extends the authority of the OEPA into
the area of solid-waste disposal, and gives OEPA licensing
and inspection authority to facilitate the implementation of
this function. Chapter 6111 establishes OEPA as the chief
administrative and enforcement authority for control of
water pollution in the state and delineates the powers given
to the OEPA for that purpose. The primary enforcement tool
for water pollution control in the state-administered National
Pollutant Discharge Elimination System (NPDES). Municipal and
individual waste water effluent limitation standards are es-
sentially the same as those promulgated at the federal
level. 16
Chapter 3745 of the Ohio Revised Code establishes
the Environmental Board of Review for the specific purpose of
hearing all appeals from orders and determinations issued by
the OEPA. The Board has three members, no more than two of
whom can be from the same political party. They are appointed
by the Governor with the advice and consent of the Senate to
serve staggered six year terms. The Board may exercise sub-
poena power for hearings, and its final orders are appealable
only through judicial review.
3. Department of Natural Resources
The third major agency with responsibilities in
energy concerns is the Ohio Department of Natural Resources
(ODNR)„ Pursuant 6.
Chapter 1509, the division of oil and gas of ODNR
regulates oil and gas extraction. Well drilling and the con-
version of a well to any use other than its original purpose
requires a permit.1' A surety bond must be posted and any
land disturbed during drilling must be restored.-^ Appeals
are directed to the Oil and Gas Board of Review with subse-
quent appeal to the Court of Common Pleas of Franklin
County.,19'20
Chapter 1513 provides that ODNR also has primary
jurisdiction regarding strip-mining through its division of
III-E-39
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reclamation. The Chief of the Division of Reclamation has the
power to issue rules, designate certain areas as unsuitable
for strip-mining, and issue cease and desist orders to viola-
tors of the law. In order to obtain a permit, an operator
must apply to the Chief of the Division of Reclamation and
must possess insurance sufficient to cover liability for dam-
ages, including property damages.21 There is also a Recla-
mation Board of Review, with subsequent appeal to the Court of
Common Pleas of Franklin County.22>23 chapter 1514 provides
for rules for the surface mining of minerals other than coal.
Where there are environmental impacts on air, water, or land
due to strip-mining, the jurisdiction of ODNR is shared with
OEPA.24
4. Public Utilities Commission of Ohio
Chapter 4901 provides that the Public Utilities
Commission of Ohio (PUCO) has jurisdiction over all of Ohio's
utilities and common carriers. The PUCO is comprised of three
commissioners appointed by the governor. The main impact of
the PUCO lies in its requirements of rate schedules; permis-
sion to issue stocks, bonds, or notes; and consent and approval
for any mergers or contracts between public utilities; as well
as its control over common carriers.
5. Ohio Energy Research and Development Administra-
tion
The Ohio Energy Research and Development Administra-
tion (OERDA) was established in 1975 to encourage, promote,
and support various programs and projects for the more ef-
ficient utilization of energy.25 OERDA's main responsibili-
ties include the financing of energy and resource development
facilities. It is under control and supervision of a board
of trustees consisting of nine members, five of whom are
public and four of whom are members of the legislature.
6. Ohio Air Quality Development Authority
The Ohio Air Quality Development Authority was estab-
lished under Chapter 3706 of the O.R.C. One of its primary
powers is to assist in the financing of air quality facilities
for industry, commerce, distribution and research, including
public utility companies. The Authority also has the power
to cause relocation of highways, railroads, and public
utilities in connection with a project.
III-E-40
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REFERENCES
1. Ohio Rev. Code Chap. 4906
2. ORC Ch. 3745
3. ORC Ch. 3704
4. ORC Ch. 3734
5. ORC Ch. 6111
6. ORC Ch. 1501
7. ORC Ch. 1509
8. ORC Ch. 1513
9. ORC Ch. 4901
10. ORC Ch. 122.63
lOa. ORC Ch. 3706
11. ORC Ch. 4906.04
12. ORC Ch. 4906.02
13. ORC Ch. 4906.04
14. ORC Ch. 4906.10
15. ORC Ch. 4906.13
16. Pollution Control Guide, Para. 2134, 1975
17. ORC Ch. 1509.05
18. ORC Ch. 1509.072
19. ORC Ch. 1509.36
20. ORC Ch. 1509.37
21. ORC Ch. 1513.06
22. ORC Ch. 1513.10
23. ORC Ch. 1513.14
24. ORC Ch. 3745
25. ORC Ch. 122.64
III-E-41
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Part II Identification of Governmental Institutions
and Legal Authority by Med'ia
Introduction
This part provides a comprehensive identification of
federal and state institutions and legislation involved with
particular media problems such as air pollution, water pollu-
tion, land pollution, etc. Instead of being structured on an
energy conversion process as in Part II, this matrix is struc-
tured along media problems and then identifies the institu-
tions and legislation concerned with regulating sources of
pollution, including energy conversion facilities, which im-
pact such media.
As an example, in the case of water (media) pollu-
tion, the federal and state agencies dealing with point source
pollution from mining operations as well as non-point source
pollution from such operations can be identified. In so doing,
other water pollution control statutes and agencies having
jurisdiction over this process (mining operations) will be
noted. The inter-relationship of the institutions and re-
gulations with respect to types and sources of pollution can
be identified.
III-E-42
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II. Identification of Governmental Institutions and Legis-
lation by Media
MATRIX FORMAT
_ _ _ _ _
Fed- 111- Ind- Ken-
eral inois iana tucky Ohio
0.0 General
1.0 Air
1.1 General Pollution
1.1.1 Standards
1.1.2 Planning
1.1.3 Monitoring
1.1.4 Enforcement
2.0 Water
2.. 1 Quantity
2.2 General Pollu-
tion
2.2.1 Standards
2.2.2 Planning
2.2.3 Monitoring
2.2.4 Enforcement
2,.3 Flood Control
2*4 Navigation
2 ,. 5 Drinking Water
2,. 6 Conservation
.(Consumption)
2.7 Recreation and
Wildlife
2,8 Wild and Scenic
Rivers
2.9 Hydroelectric
3.0 Land
3.1 General
III-E-43
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A B C D E
Fed- 111- Ind- Ken-
eral inois iana tucky Ohio
3.1.1 Planning
3.1.1.1 Zoning
3.1.2 Monitoring
3.1.3 Enforcement
3.2 Landfills
3.3 Flood Plains
3.4 Shore Line
Protection
3.5 Transportation
3.6 Archeological &
Historic Sites
3.7 Government Lands
3.7.1 Federal
3.7.2 State
3.8 Soil Conserva-
tion
3.9 Natural
Resources
3.9.1 Wetlands
3.10 Recreation
4.0 Other
4.1 Noise
4.2 Radiation
5.0 Miscellaneous
5.1 Research
5.1.1 Coal
5.1.2 Oil
5.1.3 Gas
5.1.4 Nuclear
5.1.5 Other
III-E-44
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A B C D E
Fed- 111- Ind- Ken-
eral inois iana tucky Ohio
5.2 Regulation
5.2.1 Coal
5.2.2 Oil
5.2.3 Gas
5.2.4 Nuclear
5.2.5 Other
5.3 Policy and
Planning
III-E-45
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Part II
Identification of Faderal Institutions and Statutes by Media
MATRIX A (Federal)
Medic
Agency
Statutes & Regulations
0.0 GENERAL
Office of Technology
Assessment
Technology Assessment
Board
Council on Environmental
Quality (Executive)
Council on Environmental
Quality (Executive)
Office of Environmental
Quality (Executive)
Citizen's Advisory
Committee on Environ-
mental Quality
Environmental Protection
Agency
2 USCA 471 et seg. (Within and responsible to
legislative branch.) To provide early identi-
fications of the probable beneficial and/or
adverse impacts of the applications of tech-
nology.
2 USCA 473.
Assessment.
Oversight of Office of Technology
42 USCA 4321. Establishes CEQ and through
Executive Order 11514 (Mar. 5, 1970. 35 F.R.
4247) gives CEQ authority to evaluate pollu-
tion control policies and programs. 40 CFR
Part 1500.
42 USCA 4341 et seg. Advises President on
policy; reviews federal programs.
42 USCA 4371 et seq. Advises and provides
staff f(
professional
for CEQ.
Exec. Orders 11472, 11827. Advises Presi-
dent and Cabinet Committee.
Presidential Reorganization Plans Hos. 3
and 4 of 1970 (Eff. 12/2/70 and 10/3/70).
35 F.R. 15623 and 15627. Establish and
enforce environmental protection standards
consistent with national environmental
goals.
III-Ee-46
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Media
Agency
Statutes & Regulations
1.0 AIR
1.1 GENERAL-POLLUTION
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Air Quality Advisory
Board
All Departments & Agencies
Environmental Protection
Agency
42 USCA 1857a, (a) Administrator shall en-
courage state and local cooperation, uniform
laws, inter-state agreements-to reduce air
pollution. (b) Encourage Federal inter-
agency cooperation.
42 USCA 1857b. (a) Administrator establish-
es national research & development program.
(b) Including publication, cooperation, fi-
nancial assistance, training, research,
(c) research the harmful effects, (2) facil-
ities needed, (e) conferences on significant
discharges.
1857b-l special emphasis to fuel combustion
research. 40 CFR Parts 40-46.
42 USCA 1857c. Grants to~air pollution con-
trol agencies for programs for prevention
and control.
42 USCA 1857e. (within EPA)-advises and
consults with Administration on policy and
makes necessary recommendations to the Pres-
ident.
42 USCA 1857f. Every department, agency, t
instrumentality of every branch of the gov-
ernment having jurisdiction over facilities
or property or engaging in activities is re-
sponsible for abatement of any resulting air
pollution.
42 USCA 1857h-7. Administrator reviews and
comments on environmental impact of any mat-
ter relating to duties and responsibilities
in Clean Air Act including legislation. Fed-
eral policy, programs, activities, regula-
tions , etc.
III-E-47
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Media
Agency
Statutes & Regulations
1.1 GENERAL-POLLUTION
1.1.1 STANDARDS
Council on Environmental
Quality
Environmental Protection
Agency
Federal Energy Administration
Environmental Protection
Agency
Environmental Protection
Agency
Department of Health, Education
& Welfare and Environmental
Protection Agency
Environmental Protection
Agency
Environmental Protection
Agency
42 USCA 1857H-7. If Administrator of EPA
finds any proposed legislation, action, or
regulation unsatisfactory from standpoint of
public health or welfare or environmental
quality, publishes findings and refers matter
to CEQ"
42 USCA 1857j-1. Administrator informs Con-
gress annually of cost of cleaning up the air,
state and local personnel needs. '
1857J-2: on progress made under CAA.
15 USCA 793. Distribution of low sulfur fuel
on environmental priority basis.
10 CFR Parts 303-420.
15 USCA 793 (a). Administrator identifies
priority areas needing low-sulfur fuel to
avoid or minimize adverse impact on public
health.
10 CFR Parts 303, 305, 309.
40 CFR Part 81.
42 USCA 1857c-3. -
(a) (1) Listing air pollutants
(2) Issuing air quality criteria
(b) Information on control techniques.
40 CFR Parts 61, 81.
15 USCA 793(b). Study chronic effects of
S02 emissions among exposed populations.
42 USCA 1857c-4. Establish National primary
and secondary ambient standards.
40 CFR Part 50.
42 USCA 1857f-l et seq. Establish emission
standards for moving sources.
40 CFR. Parts 85, 86.
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Media
Agency
Statutes & Regulations
1.1.1 STANDARDS
1.1.2 PLANNING
•1.1.3 MONITORING
1.1.4 ENFORCEMENT
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
42 USCA 1857c-7. Establish national emission
standards for hazardous air pollutants.
40 CFR Part 61.
42 USCA 1857c-6. Establish standards of per-
formance for new stationary sources.
40 CFR Part 60.
42 USCA 1857C-1: payment of up to 100%.of
cost of S.I.P. planning process for first 2
years, then up to 75% of program costs.
40 CFR Parts 30-46.
42 USCA 1857c-2. Designation and approval of
AQCR'S.
40 CFR Part 81.
42 USCA 1857c-5. Approval or disapproval of
SIP's.
40 CFR Parts 51, 52.
42 USCA 1857c-9. Monitoring sources: record-
keeping, reporting, monitoring, sampling.
40 CFR 61.12 (emission)
40 CFR Part 53 (ambient)
42 USCA 1857b(e). When air pollution problem
•of substantial significance may result from a
discharge. Administrator may call local con-
ference and make advisory findings.
42 USCA 1857c-8. Federal enforcement proced-
ures: notification, order to comply, or
civil action.
28 CFR Part 19.
III-E-49
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Media
Agency
Statutes & Regulations
1.1.4 ENFORCEMENT
2.0 WATER
Environmental Protection
Agency
Department of Justice
Environmental Protection
Agency
Environmental Protection
Agency
Department of Justice
Congress
Hater Resources Council
42 USCA 1857d. Conference procedure for
abatement, hearings for failure to abate,
and judicial proceedings to secure abatement.
42 USCA 1857d (g). Attorney General brings
suit on behalf of U.S. to secure abatement.
28 CFR Part 19.
42 USCA 1857f-3. Administrator may sue to
restrain violations of 42 USCA 1857f-2 Ca)
(1), (2), (3), (4).
42 USCA 1857h-2(c) (2). Administrator may
intervene as a matter of right in any citi-
zen's suit.
40 CFR Part 54.
42 USCA 1857h-3. Attorney General represents
Administrator of EPA in all civil suits to
which he is a party unless fails to agree to
so represent him. 28 CFR Part 19.
33 USCA 561 a. Approves interstate compacts to
conserve or regulate the flow, lessen flood
damage, or remove sources of pollution on any
rivers or streams with interstate drainage
basins.
42 USCA 1962a et seq.
18 CFR 701-705
1962a-l: Study and assess water supplies;
relations of regional or river basin plans
to requirements of larger regions; adequacy
of administrative and statutory means for
coordination of water and related land re-
sources policies and programs; make recom-
mendations to President and Agencies*
(Continued on next page)
III-E-50
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Media"
Agency
2.0 WATER
2.1 QUANTITY
Ohio River Basin Commission
Water Resources Council
Congress
Water Resources Council
Department of Interior-
Secretary
Dept. of Army-Corps of
Engineers and
Dept. of Interior-Bureau
of Reclamation
1962a-2: Establish policy, standards and pro-
cr-tlurr-n for FcMliT.il p.irticip.intn in propnr.i-
tion of regional or river basin plans and for
formulation of Federal water and related land
resource projects.
1962a-3: Review River Basin Commission Plans
and report to agencies, President and Congrcs
42 USCA 1962b, Note Exec. Ord. No. 11578.
Serves as principal agency for coordination
of Federal, State, interstate, local and non-
governmental planning.
33 USCA 1289. Prepares Water Resources Plan-
ning Act Level B plan for all river basins in
U.S. by 1/1/1980. 18 CFR Part 704.
16 USCA 552. Consents to interstate pacts for
conserving forests and water supply.
42 USCA 5912. Evaluates water resource re-
quirements and water supply availability for
non-nuclear energy technologies.
18 CFR Parts 701-704.
43 USCA 521. Authority to sell or lease sur-
plus water, water power, storage capacity and
water transportation facilities in connection
with reclamation project.
522 - Lease of water power.
523 - Storage & transportation of water.
43 USCA 39Ob. Evaluate reservoir projects
for development of domestic, municipal, or
industrial water supplies.
33 CFR Part 290
36 CPR Part 313
43 CFR Part 8
III-E-51
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Media
m..iLuU.-s< (. KeyuluLions
2.2 GENERAL POLLUTION
KiivironmiMil.il
Quality
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
II II::CA 407, Kxi-cui i vi- Onl.-i II1-. 74. Curdiu-
ates regulations, policies, and procedures of
Federal agencies under, and advises President
respecting implementation of, Refuse Act per-
mit program.
40 CFR Parts 220-230.
16 USCA 1005. Administrator reviews plans for
works of improvement which include measures
for control or abatement of water pollution.
7 CFR Parts 620-624.
33 USCA 1251. Administrator responsible for
Water Pollution Control Act; develops regula-
tions for encouraging public participation in
all phases. 40 CFR Parts 104, 105.
33 USCA 1252. Administrator develops compre-
hensive programs for water pollution control;
determines value of storage for water quality
control; makes grants of up to 50% of admin-
istrative expenses of state programs.
§ 1252a: Reviews Federal reservoir projects.
1253: Encourages interstate cooperation and
uniform laws.
40 CFR Parts 30-39, 130-131.
33 USCA 1254. Administrator establishes na-
tional programs for the prevention and reduc-
tion of pollution.
40 CFR Parts 130-131.
33 USCA 1327. Administrator studies feasi-
bility of alternate methods of financing cost
of abatement.
40 CFR Part 39.
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Media
Agency
Statutes & Regulations
2.2 GENERAL POLLUTION
Water Pollution Control
Advisory Board
Secretary of Agriculture
Department of Agriculture
Department of Agriculture
Department of Army-Secretary,
Chief of Engineers
Secretary of Army
Secretary of Interior
33 USCA 1363. Advises, consults, recommends
to EPA on administration of FWPCA.
33 USCA 1314 (j). Cooperates with EPA for
maximum utilization of programs to achieve
and maintain water quality.
16 USCA 590g(a)(6). Soil Conservation Ser-
vice purpose includes prevention of agricul-
tural related pollution. 7 CFR Part 620.
33 USCA 701a-l. Secretary responsible for
watersheds, and measures for runoff and
waterflow retardation and soil erosion pre-
vention.
701b-l: same
701b-2: cooperates with Corps of Engineers
701b-6: examinations and surveys to further
701a-l
7 CFR Parts 620-624; 33 CFR Part 208;
36 CFR Part 313.
33 USCA 407. Chief recommends and Secretary
authorizes deposit-of refuse in navigable
waters. Executive Order 11574. Secretary
administers permit program.
33 CFR Parts 205, 209.
40 CFR Parts 220-230.
33 USCA 1314 (j). Cooperates with EPA to
provide maximum utilization of programs to
achieve and maintain water quality.
33 USCA 1314(j). Cooperates with EPA to
provide maximum utilization of programs to
achieve and maintain water quality.
IIL-E-53
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Media'
Agency
Statutes & Regulations
2.2 GENERAL POLLUTION
Executive
Council on Environmental
Quality
33 USCA 1321 (c) . Responsible for plans for
cleaning up oil and other hazard substances.
Executive Order 11735. Delegated authority
to develop plans for cleaning up oil and
hazardous substances. 40 CFR Part 1510.
2.2.1 STANDARDS
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
33 USCA 1361. Administrator's general
authority to promulgate regulations for
FWPCA.
33 USCA 1254(c). Administrator researches
harmful effects of pollutants.
40 CFR Part 40.
33 USCA 1254(t). Administrator conducts
comprehensive continuing studies on effects
and control of thermal discharges.
40 CFR Part 122.
33 USCA 1326. Imposes effluent limitations
for thermal discharges from point sources.
40 CFR Parts 122, 401, 402, 423.
33 USCA 1311. Administrator defines efflu-
ent limitations and best practicable control
technology.
40 CFR Parts 104, 120, 129, 401-460.
33 USCA 1312. Establish effluent limita-
tions (water quality related) for point
sources. 40 CFR Parts 401-460.
33 USCA 1313(b). Administrator promulgates
regulations setting forth water quality
standards for states (if state fails to do
so or if state standards are inadequate).
40 CFR Part 120.
III-E-54
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Medif
Agency
Statutes & Regulations
2.2.1 STANDARDS
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Executive
Environmental Protection
Agency
Environmental Protection
Agency
Effluent Standards Water
Quality Information
Advisory Committee
Department of Health,
Education £ Welfare
33 USCA 1314. Administrator develops water
quality criteria; regulations for guidelines
for effluent limitations; guidelines for pre-
treatment of pollutants.
40 CFR Parts 120, 128, 401-460.
33 USCA 1316(b)(1)(B). Administrator sets
Federal standards of performance for new
sources. 40 CFR Parts 401-460.
33 USCA 1317. Administrator sets effluent
and pretreatment standards or prohibitions
for toxic pollutants. 40 CFR Parts 128-129.
33 USCA 1321. Determines quantities of oil
or other hazardous substances which will ba
harmful; sets regulations for clean-up pro-
cedures.
Executive Order 11735. Delegated executive
authority to: determine harmful quantities;
set clean-up procedures.
40 CFR Parts 109, 110, 112, 114.
33 USCA 1321. Administrator designates
hazardous substances and determines remov-
ability.
33 CFR Parts 151, 153, 155.
40 CFR Parts 112, 114.
33 USCA 1374. Provides, assesses, and
evaluates scientific and technical infor-
mation on effluent standards and limita-
tions. Has rule-making power.
*
33 USCA 1254(c). Secretary cooperates with
EPA in researching harmful effects of pol-
lutants. 40 CFR Part 40.
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Media
2.2.1 STANDARDS
I)C'| lil I I Illl 'Ill tjl I III <•! i0'>(l). D.'li-i mine: Ml.jiid.ird3 Of water
quality for maintenance of wildlife.
2.2.2 PLANNING
Department of Agriculture-
-Secretary
Environmental Protection
Agency
Environmental Protection
Agency
Appalachian Regional
Commission
Dept. of Housing & Urban
Development-Secretary
Dept. of Agriculture-
-Secretary
33 USCA 701a-l. Responsible for watersheds,
ami measures for run-off and waterflow re-
tnrrlntion onrl soil erosion prevention.
701b-l: same
7016-2: cooperates w/ Corps of Engineers
701b-6: examinations and surveys to further
701a-l.
7 CFR Parts 620-624; 33 CFR Part 208;
36 CFR Part 313.
33 USCA 1288. Provisions for areawide
water quality management planning and im-
plementation. Includes point sources and
nonpoint sources. 40 CFR Parts 130-131.
33 USCA 1257. Administrator conducts or
finances nine water pollution control demon-
stration programs. 40 CFR Part 40.
33 USCA 1257. Cooperates with EPA on nine
water pollution control demonstration pro-
grams.
5 CFR Part 1900; 40 CFR Part 40.
42 USCA 3334. Planned area-wide development
assistance includes water supply and distri-
bution purposes.
42 USCA 3271 et seq.
Responsible for soil survey program in aid
of community planning and resource develop-
ment for protecting and improving quality of
(Continued next page)
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Media
Agency
Statutes & Regulations
2.2.2 PLANNING
2.2.3 MONITORING
Environmental Protection
Agency
Geological Survey
National Oceanic and
Atmospheric Administration
Department of Transportation
-NASA
Department of Transportation
-Coast Guard
Environmental Protection
Agency
Environmental Protection
Agency
Executive
the environment, meeting recreational needs,
conserving land and water resources, and con-
trolling and reducing pollution from sedi-
ment and from rapidly changing uses.
7 CFR Part 611.
33 USCA 1254(a) (5). Administrator develops
surveillance system to monitor water quality.
40 CFR Part 136, 40-46.
33 USCA 1254(a) (5). Assists EPA in water
quality surveillance systems.
33 USCA 1254(a) (5). . Assists EPA in water
quality surveillance systems.
15 CFR Part 907.
33 USCA 1254 (a) (5). Assists EPA in water
quality surveillance systems.
15 CFR Part 907.
33 USCA 1254 (a) (5). Assists EPA in water
quality surveillance systems.
15 CFR Part 907.
33 USCA 1314(h) (2) (A) . Administrator pro-
mulgates guidelines for monitoring.
40 CFR Parts 401-460.
33 USCA 1318. Administrator monitors or
approves state procedures for monitoring.
40 CFR Parts 123, 124, 131.
33 USCA 1321(ra). Anyone to whom authority
delegated may enter and inspect vessels to
monitor oil and hazardous substance pro-
visions.
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Agency
Statutes & Regi
2.2.3 MONITORING
Dept. of Transportation-
-Coast Guard
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Dept. of Commerce-
-Secretary
Executive Order 11735. Delegated the author-
ity to monitor oil and hazardous substance
provisions. 33. CFR Parts 151-159.
33 USCA 1341. Administrator certifies that
discharges of permit applicants will comply
with FWPCA, when state lacks authority to so
certify; generally reviews state certifica-
tion and permits. 40 CFR Part 123.
33 USCA 1342. Administrator may issue per-
mits for discharges into navigable waters;
approves state plans for state permit pro-
grams; reviews state permits (NPOES Permit
System)
40 CFR Part 123, 124, 125.
40 CFR Parts 220-230.
33 USCA 407, Executive Order 11574. Admin-
istrator advises Secretary of Army on water
quality matters related to permits under
Refuse Act.
33 CFR Parts 205, 209.
40 CFR Parts 220-230.
33 USCA 407, Executive Order 11574. Con-
sults with Secretary of Army on permits
under Refuse Act.
15 CFR Part 13
33 CFR Parts 205, 209
40 CFR Parts 220-230.
2.2.4 ENFORCEMENT
Environmental Protection
Agency
33 USCA 1321(b)(2)(A). Administrator desig-
nates hazardous substances and determines
removability.
33 CFR Parts 151, 153, 155
40 CFR Parts 112, 114.
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Media
Agency
Statutes & Regulations
2.2.4 ENFORCEMENT
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Environmental Protection
Agency
Dept. of Justice-
-Attorney General
Dept. of Transportation-
-Coast Guard
Dept. of Treasury-Secretary
33 USCA 1314(h)(2)(C). Administrator promul-
gates guidelines for enforcement provisions.
40 CFR Part 401.
33 USCA 1316 (c). States develop and submit
to administrator state law procedures for
enforcing standards of performance for new
sources. 40 CFR Part 401.
33 USCA 1319. Administrator may order com-
pliance or bring civil action to enforce
FWPCA. 40 CFR Parts 401, 114.
33 USCA 1364. Administrator's general emer-
gency power to bring civil action to immedi-
ately restrain pollution endangering liveli-
hood or health. 40 CFR Parts 114, 401.
33 USCA 1365 (c)(2). Administrator, when not
a party, may intervene as a matter of right
in citizen's suit to enforce FWPCA.
40 CFR Part 135.
33 USCA 1366. Represents EPA in any civil
or criminal action brought under FWPCA when
administrator is a party, unless fails to do
so within reasonable time (then EPA lawyers
dp it).
33 USCA 1321(b)(6). Enforces oil and hazard-
ous substances discharge prohibition with
civil penalties.
33 CFR Parts 151-159. 40 CFR Part 114.
33 USCA 1321(p)(5). Withholds 46 USCA 91
clearance of vessels subject to civil penal-
ty for discharge of oil or hazardous sub-
stance.
19 CFR Part 4; 40 CFR Part 114.
III-E-59
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Agency
utos & Regulations
2.2.4 ENFORCEMENT
Dept. of Justice-
-U.S. Attorney
Executive
Dept. of Transportation-
-Coast Guard
Dept. of Justice-Attorney
General
Dept. of Justice-U.S.
Attorneys
33 USCA 1321 (e). Responsible for bringing
action-at behest of Executive-to abate sub-
stantial and imminent threats or actual dis-
charges of oil or hazardous substances.
33 USCA 1321(m). Anyone to whom authority
delegated may enforce oil or hazardous pro-
visions.
Executive Order 11735. Delegated authority
to enforce oil or hazardous section.
33 CFR Parts 151-159; 40 CFR Part 114.
33 USCA 407-Executive Order 11574. Conducts
legal proceedings necessary to enforce Re-
fuse Act and permits issued under it.
40 CFR Part 226.
33 USCA 413. Enforce ?S401, 403, 404, 406,
407, 408, 409, 411, 549, 686, 687, of
Title 33; report action taken to Attorney
General who transmits reports to Secretary
of Army. 40 CFR Part 226.
2.3 FLOOD CONTROL
/ Dept. of Army-Corps
Dept. of Army-Secretary
33 USCA 701 et seq. Flood control generall
701-1: submit reports to Congress.
701a-l: Delegated authority over channel
and major drainage improvements
for flood control and allied pur-
poses.
7 CFR Part 623; 33 CFR Part 208.
16 USCA 1005. Reviews plans for works of
improvement involving Federal assistance
for floodwater detention structures.
43 CFR Part 8; 36 CFR Part 313.
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Media
Agency
Statutes & Regulations
2.3 FLOOD CONTROL
2.4 NAVIGATION
Dept. of Army-
-Chief of Engineers
Dept. of Interior-Secretary
Dept. of Agriculture
Soil Conservation Service
Dept. of Agriculture-
-Secretary
Dept. of Commerce-
-Secretary
Dept. of Interior-Secretary
Dept. of Army-Secretary
-Chief of Engineers
16 USCA 590Z-1U) (vii) . Recommends to Dol
portion of cost of water conservation and
utilization projects properly allocated to
flood control purposes.
33 CFR Parts 208, 220, 290, 341
36 CFR Part 313.
16 USCA 1005. Reviews flood prevention,
watershed protection or water conservation
projects involving reclamation, irrigation,
public lands, or wildlife.
43 CFR Parts 8, 230-401; 36 CFR Part 313.
16 USCA 590g(a)(4). Purpose includes flood
control. 7 CFR Part 623.
16 USCA 1003. Assists local organizations
in planning flood prevention, water conserva-
tion or land conservation projects.
7 CFR Parts 611-613; 620-624, 660.
42 USCA 3142a. Financial assistance for
public works projects for benefit of navi-
gation, control of flood waters, beach ero-
sion control, etc., when projects author-
ized by Chief of Engineers and Congress.
43 USCA 521. Authority to sell or lease
surplus water, water power, storage capacity
and water transportation facilities in con-
nection with reclamation project.
522-lease of water power
523-storage and transportation of water.
33 USCA 407. Chief recommends and Secretary
authorizes deposit of refuse in navigable
waters. Executive Order 11574. Secretary
administers permit program.
33 CFR Parts 205, 209
40 CFR Parts 220-230.
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Media
Agency
Statutes & Regulations
2.4 NAVIGATION
Dept. of Justice-
-Attorney General
Dept. of Commerce-Secretary
Dept. of Army-Secretary
Dept. of Transportation-
Coast Guard
Dept. of Army-Secretary
Dept. of Army-Chief of
Engineers
Congress
Dept. of Army-Chief of
Engineers
Dept. of Army-Secretary
Dept. of Army-Secretary
33 USCA 407-Executive Order 11574. Conducts
legal proceedings necessary to enforce Re-
fuse Act and permits issued under it.
40 CFR Part 226.
42 USCA 3142a. Financial assistance for
public works projects for benefit of navi-
gation, control of flood waters, beach ero-
sion control, etc. when projects authorized
by Chief of Engineers and Congress.
33 USCA 1. Prescribes regulations for use,
administration and navigation of navigable
waters. 33 CFR Parts 203-393.
33 USCA J.51 et seq. Responsible for navi-
gation rules for rivers, harbors, and inland
waters. 33 CFR 1, 60-76, 80-86.
33 USCA 401. Approve plans and modifica-
tions of plans for construction of bridges,
causeways, dams, dikes, etc. on navigable
waters. 33 CFR Part 220.
33 USCA 401. Consent required for building
bridges, causeways, dams, dikes, etc. on
navigable waters.
33 USCA 403. Chief recommends and Secretary
approves any work on channel of navigable
waters. 33 CFR Part 207.
33 USCA 404. Establishes harborlines for
protection of harbors on navigable waters.
33 CFR Part 205.
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ledia
Agency
Statutes & Regulations
:.4 NAVIGATION
Dept. of Army-Secretary
Dept. of Transportation-
Secretary
Dept. of Transportation-
Coast Guard
Dept. of Army-Secretary
Dept. of Army-Corps of
Engineers
Dept. of Army-Chief of
Engineers
Dept. of Army-Corps of
Engineers
Dept. of Army-Secretary
33 USCA 407a. May authorize deposits of
debris of mines within harborlines under
established regulations.
33 CFR Part 205
40 CFR Parts 434, 225, 223, 436, 440.
33 USCA 471. Secretary makes rules and
regulations defining and establishing
anchorage grounds in harbors and rivers;
enforced by Coast Guard (or Chief of
Engineers if Coast Guard not present).
33 CFR Parts 109-110.
33 USCA 540. Responsible- for investigations
and improvements of rivers and other water-
ways, with due consideration for wildlife
conservation. 33 CFR Parts 252, 290.
33 USCA 565. Reviews and approves plans
for private or municipal improvements of
rivers or harbors. 33 CFR Part 265.
16 USCA 797 (e). Approves plans of dams or
other structures affecting navigation before
FPC license issues.
16 USCA 804 - same
18 CFR Part 4
33 CFR Parts 220, 290
36 CFR Part 313.
16 USCA 811. Promulgates rules and regula-
tions for navigation, including control of
pool level, at FPC-licensed water resource
projects.
33 CFR Parts 207, 290; 36 CFR Part 313.
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2.4 NAVIGATION
Dept. of Transportation
Coast Guard
Dept. of Transportation-
Coast Guard
Dept. of Agriculture,
Soil Conservation Service
Dept. of Transportation-
Coast Guard
Dept. of Commerce-Secretary
Interstate Commerce
Commission
Interstate Commerce
Commission
National Oceanic and
Atmospheric Administration
16 USCA 811. Directs FPC to require-naviga-
tional aids (lights and signals) at watei-
resource projects. 33 CFR Parts 1, 60-76^
14 USCA 1 et seq. Develops, establishes and
maintains aids to'navigation. ,
981: specifically authorizes aids to navi-
gation
§85: rules and regulations for protection
of navigation
586: marking of obstructions
589: law enforcement
33 CFR Parts 60-76, 80-86.
16 USCA 590g(a)(4). Purpose includes main-
taining navigability of waters.
7 CFR Part 621.
46 USCA 170 e_t seq. Regulates carriage of
explosives and other hazardous substances.
46 CFR Parts 146-154.
49 USCA 142. Promotion and development of
inland waterway transportation facilities.
49 USCA 901 et seq. Regulation of water
carriers.
49 CFR Parts 1070-1079, 1140-1141, 1208,
1209, 1250, 1308, 1323.
49 USCA 1001 e_t seq. Regulation of freight
forwarders.
49 CFR Tarts 1080-1089, 1150-1159, 1210,
1251, 1309.
33 USCA 883a. Performs duties (previously
assigned to Coast and Geodetic Survey) pro-
viding information for safe navigation of
marine commerce. 15 CFR Part 907.
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Media
Agency
Statutes & Regulations
2.5 DRINKING WATER
2.6 CONSERVATION
Dept. of Army-Chief of
Engineers
Dept. of Interior-Secretary
Dept. of Agriculture-
Secretary
Dept. of Interior-
Secretary
Dept. of Agriculture
2.7 RECREATION and
WILDLIFE
Dept. of Interior-
Secretary
16 USCA 590Z-1 (a) (vii). Recommends to Dol
portion of cost of water conservation and
utilization projects properly allocated to
flood control purposes.
33 CFR Parts 208, 220, 290, 341
36 CFR Part 313.
16 USCA 1005. Reviews flood prevention,
watershed protection or water conservation
projects involving reclamation, irrigation,
public lands, or wildlife.
43 CFR Parts 8, 230-401
36 CFR Part 313.
16 USCA 1003. Assists local organizations
in planning flood prevention, water con-
servation or land conservation projects.
7 CFR Parts 611-613, 620-624, 660.
16 USCA 4601-4 - 4601-11. Administers Land
and Water Conservation Fund Act.
16 USCA 590Z. Cooperates with Dol in water
conservation and utilization projects.
§5902-1: reports on extent of participation
in any project.
590Z-3,.590Z-4: cooperation with Dol.
590Z-9: Authority to promulgate rules and
regulations.
16 USCA 460k-l. Authorized to purchase land
adjacent to fish and wildlife conservation
areas for incidental fish and wildlife recre-
ational development, protection of natural
resources or conservation of endangered spe-
cies. 50 CFR Part 25.
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Media
Agency
Statutes & Regulations
2.7 RECREATION and
WILDLIFE
Dept. of Interior-
Secretary
2.7.1 AQUATIC LIFE
Dept. of Interior, Fish &
Wildlife Service
Dept. of Interior-
Bureau of Mines-
Fish & Wildlife Service
Dept. of Interior-
Secretary
Dept. of Army-Secretary
Dept. of Army-Corps
of Engineers
Dept. of Interior, Fish
and Wildlife Service
Dept. of Interior-Fish
and Wildlife Service
Dept. of Army-Secretary
16 USCA 4601-12 - 4601-21. Administers Fed-
eral Water Project Recreation Act - giving
full consideration to outdoor recreation and
fish and wildlife in planning any Federal
navigation, flood control reclamation, hydro-
electric or multi-purpose water resource
project.
16 USCA 742a. Administration of wildlife
and fish resources. 50 CFR Chapter 1.
16 USCA 665. Investigate and report to
Congress about effects of pollution on
wildlife.
16 USCA 742f. Determines policies and pro-
cedures for carrying out laws relating to
fish and wildlife. Fish and Wildlife Ser-
vice - Advises and assists Secretary in
doing so.
33 USCA 540. Responsible for investigations
and improvements of rivers and other water-
ways, with due consideration for wildlife
conservation. 33 CFR Parts 252, 290.
16 USCA 742a. Administration of wildlife
and fish resources. 50 CFR Chapter I.
16 USCA 662. Consults with agencies when-
ever impound, divert, etc. any stream or
other body of water.
33 USCA 608. May. require fishways in con-
junction with lock and dam projects.
33 CFR Part 220.
II.I-E-66
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Agency
Statutes & Regulations
2.8 WILD & SCENIC
RIVERS
2.9 HYDROELECTRIC
^Congress
State Legislatures and
Governors
Dept. of Interior-
Secretary
Dept. of Agriculture-
Secretary
Dept. of Interior-Secretary
Dept. of Interior-
Secretary
Dept. of Agriculture-
Secretary
Dept. of Army-Secretary
Dept. of Interior-
Fish 6 Wilslife Service
Federal Power Commission
Dept. of Army-Corps
of Engineers
16 USCA 1273(a). Authorizes rivers for in-
clusion in system. 36 CFR Part 251.
16 USCA 1273(a). Applications for inclusion
of rivers in system. 36 CFR Part 251.
16 USCA 1271 et seg. Wild and Scenic Rivers
Act-Approves inclusion in the system upon
state application. 36 CFR Part 251.
16 USCA 1273(b)(3), 1281 (a). Administratioi
of wild and scenic rivers for recreation
purposes. 36 CFR Part 251.
16 USCA 1275. Study and recommend suita-
bility for inclusion in wild and scenic
rivets system. 36 CFR Part 251.
16 USCA 1275(b). Comments on inclusion in
wild and scenic rivers system.
36 CFR Part 251.
16 USCA 1281(c). Components of national
wildlife refuge system becoming part of
wild and scenic rivers system.
36 CFR Part 251.
16 USCA 1275(b). Comments on inclusion in
Wild & Scenic Rivers System.
36 CFR Part 251.
16 USCA 797 (e). Approves plans of dans or
other structures affecting navigation before
FPC license issues.
16 USCA 804 - same
18 CFR Part 4
33 CFR Parts 220, 290
36 CFR Part 313.
III-E-67
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Agency
Statutes & Regulations
2.9 HYDROELECTRIC
Dept. of Army-Secretary
Dept. of Transportation-
Coast Guard
Dept. of Interior-
Secretary
16 USCA 811. Promulgates rules and regula-
tions for navigation, including control of
pool level, at FPC-licensed water resource
projects.
33 CFR Parts 207, 290
36 CFR Part 313.
16 USCA 811. Directs FPC to require naviga-
tional aids (lights and signals at water
resource projects. 33 CFR Parts 1, 60-76.
16 USCA 4601-12 - 4601-21. Administers Fed-
eral Water Project Recreation Act - giving
full consideration to outdoor recreation and
fish and wildlife in planning any Federal
navigation, flood control reclamation,
hydroelectric or multi-purpose water re-
source project.
Federal Power Commission
Federal Power Commission
Federal Power Commission
16 USCA 1275(b). Comments on inclusion in
Wild and Scenic Rivers System.
36 CFR Part 251.
16 USCA 797. Investigates utilization of
water resources, and the water-power indus-
try. 18 CFR Parts 1-3.
16 USCA 797 (e). Issues licenses for con-
struction, operation, and maintenance of
dams, water conduits, reservoirs, power
houses, transmission lines or other project
works for development and improvement of
navigation and for the development, trans-
mission and utilization of power from any
bodies of water over which Congress has
jurisdiction. 18 CFR Parts 1-4.
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Media
Agency
Statutes 6 Regulations
2.9 HYDROELECTRIC
3.0 LAND
3.1 GENERAL
Dept. of Justice-
Attorney General
Federal Power Commission
Federal Power Commission
Dept. of Interior-
Secretary
Dept. of Interior-
Secretary
3.1.1 PLANNING
Dept. of Agriculture-
16 USCA 806. Institutes equitable proceed-
ings for revocation of FPC licenses when no
timely construction.
§820: revocation of license for violation
of terms or to prevent violation.
18 CFR Parts 1 and 6.
16 USCA 813. Regulates sale of power in
interstate commerce in absence of state
regulatory body. 18 CFR Part 35.
33 USCA 701j. Reviews flood control pro-
jects for hydroelectric capability.
30 USCA 21 e_t seq. Regulates use of mineral
lands. 43 CFR Parts 3000-3040, 3810-387C.
30 USCA 21a. Responsible for carrying out
national policy to encourage development of
mineral resources, including use of scrap
and methods for disposal of mining wastes
and reclaiming mined land.
7 USCA 1010 e_t seq. Program of land con-
servation and utilization, to correct mal-
adjustments in land use, and thus assist in
controlling soil erosion, reforestation,
preserving natural resources, protecting
fish and wildlife, mitigating floods, pre-
venting impairment of dams and reservoirs,
conserving surface and subsurface moisture,
and protecting watersheds of navigable
streams.
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Media
Agency
Statutes & Regulations
3.1.1 PLANNING
Dept. of Agriculture-
Secretary
Dept. of Agriculture-
Secretary
Dept. of Agriculture-
Secretary
Dept. of Housing and
Urban Development-
Secretary
Dept. of Interior-
Secretary
Nuclear Regulatory Commission
Dept. of Transportation-
Secretary
7 USCA 1838 et seq. Programs for conversion
of cropland into vegetative cover, water
storage, wildlife and conservation uses
(Soil Bank Program). 7 CFR Part 750.
7 USCA 2661 e_t seq. Provides essential in-
formation and knowledge for successful pro-
grams of rural development. 7 CFR Part 22.
16 USCA 1501 e_t seq. Administers Rural
Environmental Conservation Program.
7 CFR Part 701.
42 USCA 3331. Coordinates Federal programs
and provides financial assistance for effec-
tive comprehensive areawide planning.
24 CFR Part 600.
43 USCA 1411. Regulates criteria for dis-
posal or retention of public lands.
43 CFR Parts 2400, 2410, 2430.
42 USCA 5847. Makes a national survey to
identify possible nuclear energy center .
sites. 10 CFR Part 100.
49 USCA 1610. Environmental protection
incorporated into urban mass transportation
planning.
Consultation with: Secretaries of:
Dept. of Health, Education & Welfare;
Housing and Urban Development;
Interior; and the
Council on Environmental Quality.
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Media
Agoncy
Statutes & Regulations
3.1.1 PLANNING
Dept. of Transportation-
Secretary
Dept;. of Interior-Secretary
Dept. of Housing & Urban
Development-Secretary
Dept. of Agriculture-Secretary
3.1.1.1 ZONING
3.1.2 MONITORING
3.1.3 ENFORCEMENT
3.2 LANDFILLS
3.3 FLOOD PLAINS
Dept. of Health/ Education
& Welfare-Secretary
Dept. of Interior-
Secretary
Dept. of Health, Education
& Welfare-Secretary
Dept. of Interior-
Secretary
Dept. of Agriculture-
Secretary
49 USCA 1653 (f}. Maintenance and enhance-
ment of natural beauty of land traversed by
transportation lines.
23 CFR Parts 710-795
49 CFR Part 520.
42 USCA 3251 et sag.
Recovery Act of 1970.
Administers Resource
40 CFR Parts 240-247.
42 USCA 3252. Administers that portion of
Resource Recovery Act of 1970 applicable to
solid waste resulting from extraction, pro-
cessing, or utilization of minerals or fos-
sil fuels. 43 CFR Parts 3600-3620.
42 USCA 3254f. Responsible for national
disposal sites for storage and disposal of
hazardous wastes.
30 USCA 601 et seq. Regulates disposal of
mineral and vegetative surface materials on
public lands.
43 CFR Parts 3600-3620, 5400-5470, 5500-55101
7 USCA 1010 et seq. Program of land con-
servation and utilization, to correct mal-
adjustments in land use, and thus assist in
controlling soil erosion, reforestation,
(Continued on next page),
nr-E-71
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Media
Agency
Statutes & Regulations
3.3 FLOOD PLAINS
preserving natural resources, protecting
fish and wildlife, mitigating floods, pre-
venting impairment of dams and reservoirs,
conserving surface and subsurface moisture,
and protecting watersheds of navigable
streams.
3.4 SHORELINE PROTECTION
Dept. of Army-
Secretary
Dept. of Agriculture-
Secretary
Dept. of Commerce-
Secretary
Dept. of Army-
Chief of Engineers
Coastal Engineering
Research Centeri
33 USCA 404. Establishes harborlines for
protection of harbors on navigable waters.
7 USCA 1010 e_t seq. Program of land con-
servation and utilization, to correct mal-
adjustments in land use, and thus assist
in controlling soil erosion, reforestation,
preserving natural resources, protecting
fish and wildlife, mitigating floods, pre-
venting impairment of dams and reservoirs,
conserving surface and subsurface moisture,
and protecting watersheds of navigable
streams.
16 USCA 1451 et seq. Administers Coastal Z
Zone Management Act of 1972.
15 CFR Parts 920-928.
33 USCA 426. Investigates means of pre-
venting shoreline erosion.
33 CFR Part 263.
33 USCA 426-1
33 USCA 426-2: Board on Coastal Engineering
Research
Provide technical assistance on shoreline
erosion prevention.
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Media
Agency
Statutes & Regulations
3.4 SHORELINE PROTECTION
3.5 TRANSPORTATION
Board of Engineers for
Rivers and Harbors
Dept. of Army-
Chief of Engineers
Interstate Commerce
Commission
Dept. of Transportation-
Secretary
Dept. of Transportation-
Secretary
Dept. of Transportation-
Secretary
Dept. of Transportation-
Secretary
Dept. of Interior-Secretary
Dept. of Housing & Urban
Development-Secretary
Dept. of Agriculture-Secretary
Dept. of Transportation-
Secretary
Dept. of Interior-Secretary
Dept. of Commerce-Secretary
33 USCA 426-3. Reviews shoreline protection
investigations.
33 USCA 426e. Recommends federal aid to
shoreline protection projects.
33 CFR Part 263.
49 USCA 1001 et seg. Regulation of freight
forwarders.
49 CFR Parts 1080-89, 1150-1159, 1210, 1251,
1309.
23 USCA 101 et seq.
aid highway systems.
Responsible for federal
23 CFR Chapter I.
49 USCA 1601 et seg. Administers Urban Mass
Transportation Act of 1964.
49 CFR Parts 601-613.
49 USCA 1610. Environmental protection in-
corporated into urban mass transportation
planning.
Consultation with: Secretaries of:
Dept. of Health, Education & Welfare;
Housing & Urban Development;
Interior; and the
Council on Environmental Quality.
49 USCA 1653 (f). Maintenance and enhance-
ment of natural beauty of land traversed
by transportation lines.
23 CFR Parts 710-795; 49 CFR Part 520.
49 USCA 1653 et seg. Establish and admin-
ister the rail bank.
III-E-73
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Media
Statutes & KccjulJtions
3.5 TRANSPORTATION
Dept. of Transportation-
Secretary
Dept. of Interior-
Secretary
49 USCA 1801 et sea. Regulates hazardous
materials transportation.
49 CFR Subchapters B & C.
30 USCA 185. Grants rights-of-way for pipe-
lines across Federal lands.
43 CFR Parts 2800-2890.
3.6 ARCHEOLOGICAL &
HISTORIC
Oept. of Interior-
Secretary
Advisory Board on
National Parks, Historic
Sites, Buildings, and
Monuments
National Trust for Historic
Preservation in the U.S.
Dept. of Interior-
Secretary
Secretary of Housing & Urban
Development
Advisory Council on
Historic Preservation
16 USCA 462. Administers historic sites,
buildings, and objects of national signifi-
cance. 36 CFR Parts 1, 7, 60.
16 USCA 463. Advises Secretary of Interior
on matters relating to national parks and
historic sites; 468d-consults with National
Trust.
16 USCA 468- Receives donations of sites,
buildings, and objects, to preserve and
administer for public benefit. 468d-con-
sults with Advisory Board.
16 USCA 469-469c. Ensures historical and
archaeological data not destroyed or lost
in flooding, roadbuilding, or other activi-
ties adjunct to dam construction or any
other Federal action.
7 CFR Parts 650-656; 43 CFR Part 3.
16 USCA 470b-l. Makes grants to National
Trust to renovate or restore historically
or architecturally significant structures.
16 USCA 470f. Advises federal agencies on
effects of actions on National Register
sites.
470j-Advises President and Congress and
coordinates federal, state, and local
activities. 36 CFR Part 800.
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Media
Agency
Statutes & Regulations
3.6 ARCHEOLOGICAL (,
HISTORIC
American Battle Monuments
Commission
Dept. of Housing & Urban
Development-Secretary
3.7 GOVERNMENT LANDS
3.7.1 FEDERAL
Dept. of Interior-Bureau of
Land Management
Dept. of Interior-
National Park Service
Dept. of Interior-
National Park Service
Dept. of Interior-
Secretary
36 USC 121 et seq. (thru §138). Plans,
erects, and maintains memorials to commemor-
ate services of American Armed Forces.
36 CFR Parts 400-405.
42 USCA 1500a. Makes grants for acquisition
and preservation of areas, sites or struc-
tures of historic or architectural value.
1500b: If assistance needed to carry out
a unified or officially coordinated program
which is part of the comprehensively planned
development of the urban area.
24 CFR Parts 540-541.
43 USCA 869-1. Disposal of lands to state
or political subdivision for the purpose
ffer which land has been classified-for
historic monument purposes w/o considera-
tion, otherwise for price.
43 CFR Part 2740.
16 USCA 431 et seq. Administers national
monuments, memorials, and historic sites.
36 CFR Parts 1, 7, 60.
16 USCA 1. Preservation and management of
areas with superlative natural, historic,
and recreation qualities as National Parks.
36 CFR Parts 1-60.
43 USCA 521. Authority to sell or lease
surplus water, water power, storage capacit;
and water transportation facilities in con-
nection with reclamation project.
522-lease of water power
523-storage & transportation of water.
III-E-75
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Kodi.
Statutes t, Regulations
3.7.1 FEDERAL
Dept. of Army-Corps
of Engineers
Dept. of Interior-Bureau
of Reclamation
Dept. of Interior-
Secretary
Dept. of Interior-
Secretary
Dept. of Interior-
National Park Service
Dept. having jurisdiction
over the lands.
Dept. of Interior-Secretary
Dept. of Interior-Secretary
Dept. of Justice-
Attorney General
43 USCA 390b. Use of reservoir projects for
development of domestic, municipal, or indus-
trial water supplies.
33 CFR Part 290; 36 CFR Part 313;
43 CFR Part 8.
16 USCA 460K-1. Authorized to purchase land
adjacent to fish and wildlife conservation
areas for incidental fish and wildlife recre-
ational development, protection of natural
resources or conservation of endangered spe-
cies. 50 CFR Part 25.
43 USCA 1411. Regulates criteria for dis-
posal or retention of public lands.
43 CFR Parts 2400, 2410, 2430.
16 USCA 431 e_t sea. Administers national
monuments, memorials, and historic sites.
36 CFR Parts 1, 7, 60.
16 USCA 5
16 USCA 931 et seg. Rights-of-way and
other easements in public lands.
30 USCA 185. Grants rights-of-way for
pipelines across Federal lands.
43 CFR Parts 2800-2890.
43 USCA 2. Performs all executive duties
relating to public lands.
43 USCA 931a. Authority to grant easements,
rights-of-way, etc. over public lands to
states or political subdivisions thereof
(lands under AC control).
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Agency
^Statutes _& Regulations
3.7.1 FEDERAL
Oept. of Interior-Secretary
Dept. of Interior-
Geological Survey
Dept. of Interior-
Secretary
Dept. of Interior-
Secretary
Dept. of Interior-
Kational Park Service
Dept. of Interior-
Secretary
Dept. of Interior-
Secretary
Federal Power Commission
Dept. of Interior-
Secretary
43 USCA 951. Rights-of-way for ditches,
cnnnl.s, or ronorvoira over public lands
under Dol control.
956-for tram roods, canals, reservoirs
957-to electric power companies for gener-
ating, manufacturing, distributing
959-for electrical plants.
43 CFR Parts 2800-2890.
43 USCA 31 e_t seq. Classifies public lands
and examines geological structure, mineral
resources and products of public domain.
30 CFR Part 200.
43 USCA 141 (Pickett Act). Authority for
temporary withdrawals and reservations of
public lands. (Delegated to Sol by Presi-
dent - Exec. Order 10355).
43 CFR Parts 2300-2370.
43 USCA 671 e_t seg. Regulations for sale
and disposal of public lands.
43 CFR Parts 2400-2780.
16 USCA 1. Preservation and management of
areas with superlative natural, historic,
and recreation qualities as National Parks.
36 CFR Parts 1-60.
30 USCA 1001 e_t seq. Responsible for
leasing and development of geothermal
resources. 43 CFR Parts 3200-3240.
30 USCA 621 et seq. Regulate mineral
development of lands withdrawn for power
development. 43 CFR Part 3730.
30 USCA 601 e_t seq. Regulates disposal of
mineral and vegetative surface materials on
public lands.
43 CFR Parts 3600-3620, 5400-5470, 5500-5510.
UI-E-77
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Media
StaLuU.-s (. KccjuluLiuna
3.7.1 FEDERAL
I nL«;i itn.-LJ
Dept. of Interior-Secretary
Dept. of Interior-Secretary
Dept. of Interior-Secretary
Dept. of Interior-Secretary
Dept. of Interior-Secretary
Dept. of Interior-Secretary
Dept. of Agriculture-
Secretary
National Wilderness
Preservation System
JO niiCA I'j I iji -i^n- Hinju 1 jLc-ii mineral
leases on Federal lands not acquired for
mineral purposed. 4J Ct'K 1'arts 3710-3740.
30 USCA 241 et seq. Regulates leasing of
oil shnlc lands. 43 CFR Parts 3500-3560.
30 USCA 201 e_t seq. Regulates coal leases.
43 CFR Parts 3500-3560.
30 USCA 181 e_t seq; 223 e_t seq. Regulates
oil and gas leases. 43 CFR Parts 3100-3130.
30 USCA 181. Regulates disposition of lands
containing mineral deposits.
43 CFR Part 2550.
30 USCA 71 et seq. Regulates entry on un-
appropriated or unreserved Federal coal
lands. 43 CFR Parts 3500-3560, 2880.
16 USCA 482. May restore National Forest
land more valuable for mining or agriculture
to public domain.
43 CFR Parts 2400, 2430, 2230.
16 USCA 520. Authorized to permit pros-
pecting, development, and utilization of
mineral resources of National Forest lands.
36 CFR Part 252.
16 USCA 1131 et seq. Administered by agency
having jurisdiction before wilderness classi-
fication.
36 CFR Part 293
43 CFR Part 19
50 CFR Part 35.
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Ayoncy
Statutes & Kcuulations
3.7.1 FEDERAL
Dept. of Agriculture-
Secretary
Dept. of Interior-
Secretary
3.7.2 STATE
3.8 SOIL CONSERVATION
Dept. of Interior-
Secretary
Dept. of interior-
Secretary
Advisory Committee on
Soil and Water Conservation
Dept. of Agriculture-
Secretary
16 USCA 1132 (b). Reviews primitive areas in
national forests for suitability for inclu-
sion in National Wilderness Preservation
System. 35 CFP. Part 293.
16 USCA 1132 (c). Reviews roadless areas in
national parks, national wildlife refuges,
and game ranges for suitability for preserva-
tion as wilderness. 43 CFR Part 19.
16 USCA 1005. Reviews flood prevention,
watershed protection or water conservation
projects involving reclamation, irrigation,
public lands, or wildlife.
43 CFR Parts 8, 230-401
36 CFR Part 313.
16 USCA 4601-4 - 4601-11. Administers Land
and Water Conservation Fund Act.
7 USCA 1392 Note.
7 USCA 1010 et seq. Program of land conser-
vation and utilization, to correct malad-
justments in land use, and thus assist in
controlling soil erosion, reforestation,
preserving natural resources, protecting
fish and wildlife, mitigating floods, pre-
venting impairment of dams and reservoirs,
conserving surface and subsurface moisture,
and protecting watersheds of navigable
streams.
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Agency
3.8 SOIL CONSERVATION
3.9 NATURAL RESOURCES
Dept. of Agriculture-
Secretary
Dept. of Agriculture-
Secretary
Dept. of Agriculture-Soil
Conservation Service
Dept. of Interior-
Secretary
Dept. of Interior-
Secretary
Dept. of Agriculture-
Secretary
Dept. of Agriculture-
Secretary
7 USCA 1838 et seq. Programs for conversion
of cropland into vegetative cover, water
storage, wildlife and conservation uses
(Soil Bank Program). 7 CFR Part 750.
16 USCA 590a. Responsible for control and
prevention of soil erosion. 7 CFR Chapter Vt
16 USCA 590e. Exercises powers conferred on
Secretary of Agriculture by Soil Conserva-
tion Chapter of Title 16. (55590a-590q-2).
7 CFR Chapter VI.
16 USCA 590a. Responsible for soil conser-
vation on Dol lands.
16 USCA 460k-l. Authorized to purchase land
adjacent to fish and wildlife conservation
areas for incidental fish and wildlife
recreational development, protection of
natural resources or conservation of endan-
gered species. 50 CFR Part 25.
7 USCA 1010 et seq. Program of land conser-
vation and utilization, to correct malad-
justments in land use, and thus assist in
controlling soil erosion, reforestation,
preserving natural resources, protecting
fish and wildlife, mitigating floods, pre-
venting impairment of dams and reservoirs,
conserving surface and subsurface moisture,
and protecting watersheds of navigable
streams.
16 USCA 1501 e_t seq. Administers Rural
Environmental Conservation Program.
7 CFR Part 701.
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Agency
Statutes & Regulations
3.9 NATURAL RESOURCES
pL. <_>l InLurior-
Secretary
Dept. of Interior-
Secretary
Federal Power Commission
Dept. of Interior
Secretary
Dept. of Interior-
Secretary
Dept. of Interior-
Secretary
*#199 Missing
Dept. of Interior-
Secretary
Dept. of Interior-
Secretary
Dept. of Interior-
Secretary
Dept. of Interior-
Secretary
JO UIJCA 1001 i-L ij'jq. Kosponsible for
leasing and development of geottiermal
resources. 43 CFR Parts 3200-3240.
30 USCA 621 e_t seq. Regulate mineral devel-
opment of lands withdrawn for power devel-
opment. 43 CFR Part 3730.
30 USCA 351 e_t seq. Regulates mineral
leases on Federal lands not acquired for
mineral purposes. 43 CFR Parts 3710-3740.
30 USCA 241 et seg. Regulates leasing of
oil shale lands. 43 CFR Parts 3500-3560.
30 USCA 201 et seq. Regulates coal leases.
43 CFR Parts 3500-3560.
30 USCA 181 et seq; 223 et seq. Regulates
oil and gas leases. 43 CFR Parts 3100-3130.
30 USCA 181. Regulates disposition of lands
containing mineral deposits.
43 CFR Part 2550.
30 USCA 71 et seq. Regulates entry on un-
appropriated or unreserved Federal coal
lands. 43 CFR Parts 3500-3560, 2880.
16 USCA 482. May restore National Forest
land more valuable for mining or agriculture
to public domain.
43 CFR Parts 2400, 2430, 2230.
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Agency
S t.a t u to s
a t ins
3.9 NATURAL RESOURCES
ul AyticulLure-
Secretary
Dcpt. of Agriculture-
Forest Service
Dept. of Agriculture-
Secretary
Dept. of Interior-
Secretary
Dept. of Interior-
Secretary
Dept. of Interior-
Secretary
Migratory Bird
Conservation Commission
Dept. of Interior-
Secretary
State Legislatures
io UUCA o«so. AuLhurizeU to permit pros-
pectinq, development, and utilization of
mineral resources of National Forest lands.
36 CFR Part 252.
16 USCA 528. Administration of National
Forests for natural resource purposes.
36 CFR Parts 221-252.
16 USCA 551. Provides for protection of
National Forests from destruction.
16 USCA 661. Protection of wildlife re-
sources and habitats.
§664-Administers all lands made available
under Fish and Wildlife Coordination Act.
43 CFR Part 24; 50 CFR Parts 25-35.
16 USCA 668dd. Administers National Wild-
life Refuge System. 50 CFR Parts 25-35.
16 USCA 701 et seg. Preservation of game
and wild birds included in duties.
704: Adopts regulations determining when
may be hunted. 50 CFR Part 20.
16 USCA 715a. Approves lands recommended as
migratory bird sanctuaries.
50 CFR Parts 21, 21.
16 USCA 715d. Purchases or rents lands for
use as migratory bird sanctuaries.
50 CFR Parts 20, 21.
16 USCA 715a. Approve designation of
National Forest or power site as migratory
bird refuge.
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Statutes & Kcgulntions
3.9 NATURAL RESOURCES
Dept. of Interior-Secretary
Dept. of Commerce-Secretary
Dept. of Agriculture- "
Dept, of Interior-Bureau
of Mines
3.9.1 WETLANDS
Dept. of Interior-Bureau
of Mines
Dept. of Interior-
Secretary
Dept. of Interior-
Secretary
Dept. of Interior-
Geological Survey
Dept. of Interior-
Secretary
16 USCA 1531 e_t seq. Administer Endangered
Species Act. ~50 CFR Parts 17, 81.
30 USCA 1 et seg. Information-gathering on
mining; the preparation, treatment, and
utilization of mineral substances; increasing
safety, efficiency, economic development and
conserving resources through prevention.of
waste in mining, quarrying, etc.; mineral
fuels. 30 CFR Part 651.
30 USCA 4. Investigates practicability of
using lignite coal and peat to produce fuel
oil, gasoline substitutes, etc.
4c. Same for sub-bituminous and lignite coal
30 USCA 21 et 563. Regulates use of mineral
lands. 43 CFR Parts 3000-3040, 3810-3870.
30 USCA 21a. Responsible for carrying out
national policy to encourage development of
mineral resources, including use of scrap
and methods for disposal of mining wastes
and reclaiming mined land.
43 USCA 31(b). When in public interest
examines geological structures, mineral
resources and products of lands outside
public domain. 30 CFR Part 200.
16 USCA 1309. Consults with Secretary of
Agriculture on water bank program for
wetlands preservation. 7 CFR Part 752.
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Agency
Statutes & Regulations
3.9.1 WETLANDS
Dept. of Agriculture-
Secretary
16 USCA 1301 ct seq. Administers water bank
program for wetlands preservation to: con-
serve surface waters; preserve and improve
habitat for migratory waterfowl and other
wildlife resources; reduce run-off, soil and
wind erosion; contribute to flood control;
contribute to improved water quality and re-
duce stream sedimentation; contribute to im-
proved subsurface moisture; promote compre-
hensive water management planning.
7 CFR Part 752.
3.10 RECREATION
Dept. of Interior-
Secretary
Dept. of Agriculture, Forest
Service
Dept. of Agriculture-Secretary
Dept. of Interior-Secretary
16 USCA 4601-4 - 4601-11. Administers Land
and Water Conservation Fund Act.
16 USCA 528 et seq. Administration of
National Forests for recreation purposes.
36 CFR Parts 251, 291-295^
17 USCA 1241 et seq. National Trails System
(Designate and Administer). 36 CFR Part 251.
4.1 NOISE
Environmental Protection
Agency
Dept. of Transportation-
Secretary
42 USCA 4901 et seq. Administers Noise
Control Act of "1972;
4904: identifies major noise sources
4905: sets noise emission standards for
products distributed in commerce
4907: labelling regulations
4910: enforcement
4911: citizen's suits
4916: railroad noise emission standards
4917: motor carrier noise emission "
40 CFR Parts 202-210.
49 USCA 1653(a). Responsible for noise
abatement research.
JII-E-84
-------
Media
Agency
Statutes & Regulations
4.2 RADIATION
Nuclear Regulatory
Commission (formerly AEC)
Dept. of Health, Education
& Welfare-Secretary
Nuclear Regulatory
Commission (formerly AEC)
Office of Nuclear
Reactor Regulation '
(part of NRC)
Office of Nuclear Safety
and Safeguards (part of
NRC)
Office of Nuclear Regulatory
Research (part of NRC)
Nuclear Regulatory
Commission (formerly AEC)
Nuclear Regulatory
Commission (formerly AEC)
Nuclear Regulatory
Commission (formerly AEC)
42 USCA 5847. Makes a national survey to
identify possible nuclear energy center
sites. 10 CFR Part 100.
42 USCA 3254f. Responsible for national
disposal sites for storage and disposal of
hazardous wastes.
42 USCA 5841 e_t seg. Took over all regula-
tory and licensing functions of AEC.
42 USCA 5843. Responsible for principal
licensing and regulation involving all
facilities and materials licensed under
Atomic Energy Act of 1954, associated with
construction and operation of nuclear reac-
tors.
42 USCA 5844. Principal licensing and
regulation of processing, transport, and
handling of nuclear materials.
42 USCA 5845. Recommends and conducts re-
search necessary to performance of NRC
licensing and regulation.
42 USCA 2201 (a). Authorized to establish
advisory boards on legislation, policy,
administration, research, etc. 10 CFR
10 CFR Part 7.
42 USCA 2131 e_t seg. Licenses facilities
for production and utilization of atomic
energy. 10 CFR Part 50.
42 USCA 2091 et seg. Licenses distribution
and use of nuclear source material.
10 CFR Part 40.
III-E-85
-------
Media ^
Agency
Statutes & Regulations
4.2 RADIATION
5.0 MISCELLANEOUS
5.1 RESEARCH
5.1.1 COAL
Nuclear Roqulatory
Commission (formerly AEC)
Energy Research &
Development Administration
Advisory Committee on
Reactor Safeguards
Energy Research &
Development Administration
Energy Research 4
Development Administration
Energy Research &
Development Administration
Council on Environmental
Quality
National Bureau of
Standards
Energy Research 6
Development Administration
42 USCA 2061 ot sorj. Owns and operates
facilities for production cf special nuclear
material. 10 CFR Part 70.
42 USCA 2051 et sejj. Responsible for R 6 D
and training activities.
42 USCA 2039. Reviews safety studies and
facility license applications; advises FEA
on safety. 10 CFR Part 707.
42 USCA 5801 et seq. Responsible for
development of energy sources.
10 CFR Part 701.
42 USCA 5811 e_t seq. Responsible for
developing and increasing efficiency and
reliability of use of all energy sources.
42 USCA 5901 et seq. Comprehensive national
program of basic and applied R & D of all
(non-nuclear) potentially beneficial energy
sources and utilization technologies.
42 USCA 3910.
technologies.
Evaluates non-nuclear energy
42 USCA 5913. Evaluates non-nuclear energy-
related inventions.
30 USCA 661 et seq. Research and develop-
ment of new and more efficient methods of
mining, preparing, and using coal.
HI-£-.86
-------
Modi a
Agency
Statutor. d Royulationn
5.1.1 COAL
Dept. of Interior-
Buroau of Mines
Dept. of interior-
Bureau of Mines
5.1.2 OIL
5.1.3 GAS
5.1.4 NUCLEAR
5.1.5 OTHER
Dept. of Agriculture-
Secretary
Geothermal Energy Coordi-
nation & Management Project
Dept. of Health, Education,
6 Welfare-Secretary
National Aeronautics &
Space Administration-
Administrator
Dept. of Housing & Urban
Development-Secretary
National Science Foundation-
Director
National Bureau of Standards-
Director
30 USCA 401 et seq. Researches mining,
preparation and use of lignite coal.
30 USCA 321 e_t seq. Constructs and operates
synthetic liquid fuel demonstration plants•
30 USCA 321 et seq. Cooperates with Inter-
ior on production of liquid fuels from
agricultural and forestry products.
30 USCA 1101 e_t seq. Responsible for geo-
thermal energy, research, development,
demonstration.
42 USCA 3253a. Investigates means of re-
covering materials and energy from solid
wastes; incentives for doing so.
40 CFR Part 40.
42 USCA 5501 et seq. Administer Solar
Heating and Cooling Demonstration Act of
1974.
III-E-87
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Media
Agency
Statutes & Regulations
5.2 REGULATION
5.2.1 COAL
Dept. of Interior-
Secretary
30 USCA 801 et seq. Responsible for coal
miners health and safety.
30 CFR Parts 70-100.
5.2.2 OIL
5.2.3
Federal Energy Administration
Dept. of Interior,
Secretary
15 USCA 751 et seq. Administers Emergency
Petroleum Allocation Act of 1975.
10 CFR Parts 202-215.
15 USCA 715 et seq. (through Exec. Order
10752). Regulates interstate transportation
of petroleum products.
30 CFR Part 223.
5.2.3 GAS
5.2.4 NUCLEAR
5.2.5 OTHER
Federal Power Commission
Dept. of Transportation-
Secretary
Office of Pipeline Safety
Interstate Commerce Commission
Interstate Commerce Commission
Consumer Product
Safety Commission
15 USCA 717 et seq. Regulates natural gas
companies.
18 CFR Parts 152-160; 201-225; 250-260.
49 USCA 1671 et seq. Regulates natural gas
pipeline safety.
49 CFR Parts 190-195.
49 USCA 301 et seq. Regulation of motor
carriers. 49 CFR Parts 1040-1069; 1130-1139
49 USCA 1 e_t seq. Regulation of railroad
and pipeline carriers.
49 CFR Parts 1030-1039, 1120-1129, 1201,
1204.
15 USCA 1261 et seq. Regulates hazardous
substances. 16 CFR Parts 1500-1512.
III-E-88
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Media
Agency
Statutes & Regulations
5.3 POLICY & PLANNING
Federal Energy
Administration
Dept. of State-
Secretary
Federal Energy
Administration
15 USCA 761 e_t sec. Responsible for compre-
hensive national energy policy.
783: reports or. hydroelectric capabilities
784: information-gathering on exports of
coal and refined petroleum products.
15 USCA 764(b)(l). Coordinates domestic and
foreign energy resource management policy
with FEA.
15 USCA 791 et seg. Provides means for
meeting U.S. fuel needs.
792: may require conversion from natural
gas of petroleum to coal (power plants
or other major fuel burning installa-
tions)
794: studies potential methods of energy
conservation.
10 CFR Parts 303, 305.
III-E-89
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PART II - Matrix B
Illinois
Identification of Governmental Institutions by Media
Media
Institution
Authority
1.0 AIR
1.1 General Pollution
1.1.1 Standards
1.1.2 Planning
1.1.3 Monitoring
1.1.4 Enforcement
2.0 WATER
2.1 General - Quality
2.2 General Pollution-
Quality
2.2.1 Standards
2.2.2 Planning
2.2.3 Monitoring
Illinois Pollution Control
Board (IPCB)
Illinois Environmental Protection
Agency (IEPA)
IPCB
Institute for Environmental
Quality (IEQ)
IEPA
IEPA
IPCB
NOTE: Local water authorities under
county boards of trustees have generally-
prevailed in questions of water supply
with the consultation of and in con-
junction with the State Water Survey,
the State Geological Survey, the Flood
Control Board. The State EPA has
approval authority on local actions
construction and operations of facilities
per regulations and rules promulgated by
the Pollution Control Board.
IPCB
IEPA
IPCB
IEQ
ZEPA
(Illinois Annotated Statutes)
Ch. Ill's S1005
Ch. Ill's 51004
Ch. llUs i 11005, 1013
Ch. Ill's §1006
Ch. Ill's §1004
Ch. Ill's §1004
Ch. lll»s S1004
Ch. Ill); il005(e)
Ch.
Ch.
Ch. 111-2/3 $228
111*5
HUs
§1005
§1004
Ch. Ill's §§1005,
Ch. Ill's 51006
Ch. 111% $1004
1013
III-E-90
-------
Media
Tiintl.LuLluil
Aulhui iLy
2.2.4 Enforcement
2.3 Flood Control
2.4 Navigation
2.5 Drinking Hater
2.6 Con s e rvation
2.7 Recreation and
Wildlife
2.8 Wild 6 Scenic
Rivers
2.9 Hydroelectric
3.0 LAND
3.1 General
3.1.1 Planning
3.1.2 Zoning
3.1.3 Monitoring
3.1.4 Enforcement
3.2 Landfills
3.3 Flood Plains
IEPA
IPCB
Department of Transportation (DOT)
Department of Business and
Economic Development (DUD)
Department of Conservation
Department of Transportation (DOT)
Department of Public
Health (DPH)
Department of Conservation (DOC)
County Conservation Districts (DPH)
DOC
DOC
Illinois Commerce Commission (ICC)
IPCB
IEQ
IPCB
IEPA
IPCB
IEPA
IEPA
Department of Public Works
and Buildings (DPWB)
Ch. Ill's §1004
Ch. Ill's §1005(e)
Ch. 19 1126(b)
Ch. 127 546.18
Ch. 95)5 5315-3
Ch. 19 558
Ch. Ill's 5121
Ch. 127, Ch. 63a5
Ch. 5713 5100 et seq.
Ch. llPs 5781
Ch. 61 51.4, 51.10, SI.12
Ch. 105 5492-3
Ch. 111-2/3 51, S7a.l, I8a, 19
Ch. Ill's 51022
Ch. 1115s 51006
Ch. Ill's S1022
Ch. Ill's 51030-1
Ch. Ill's 51005, S1022
Ch. Ill's 551030, 1031, 1004
Ch. Ill's 51021
Ch. 19 565(f)
III-E-91
-------
rnrit-1
ion
Aiil-hnr i I y
3.4 Shoreline Protection
3.5 Transportation
3.6 Archeological and
Historic Sites
3.7 Government Owned -Lands
3.7.1 Federal
3.7.2 State Lands
3.8 Soil Conservation
3.9 Natural Resources
3.10 Strip Mining
4.0 OTHER MEDIA
4.1 Noise
4.2 Radiation
5.0 MISCELLANEOUS
5.1 Research
DPWB-Division of Waterways
DOT
DOC
Illinois State Museum
Illinois State Historical Library
Department of Interior
National Parks Service
Department of General Services
Department of Agriculture
Department of Mines and Minerals
Department of Conservation
Board of Natural Resources
and Conservation
Illinois Institute for
Environmental Quality
Department of Mines and
Minerals (DMM)
IPCB, IEPA
DPH
Board of Natural Resources
and Conservation
Ch. 19 571
Extensive citation in Ch. 111-2/3,
Illinois Public Utilities Act.
Ch. 105 §465a
Ch. 127 §133
Ch. 128 §33
Various natural areas operated
in the State.
127 §63(b) 13.6
Ch. 5 §105
Ch. 93 §201-2
Ch. 127 56.07
Ch. Ill's 91006
Ch. 93, §201
Ch. Ill's §§1023, 1033, 1001, 1004, 1005
Ch. Ill's §213.4
Ch. 127 163, broadly defined with
Illinois universities.
III-E-92
-------
Media
Timl. i I nl i on
Aul liori I y
5.1.1 Coal
5.1.2 Oil
5.1.3 Gas
5.1.4 Nuclear
5.1.5 Other
5.2 Regulation
5.2.1 Coal
5.2.2 Gas
5.2.3 Oil
5.2.4 Nuclear
5.2.5 Other
5.3 Policy and
Planning
ICC, DOC, IPCB, IEPA, IEQ, DMM et al.
ICC, DOC, Jl'CI), II-JI'A, IKO, UMM c?t al.
ICC, DOC, IPCB, IEPA, IEQ, DMM et al.
ICC, DOC, IPCB, IEPA, IEQ, EMM et al.
ICC, DOC, IPCB, IEPA, IEQ, DMM et al.
DOC
Mining Board
DMM
IEPA
ICC
DMM
DOC
ICC
DMM
DOC!
ICC
Department of Law Enforcement
Board of Boiler Rules
IPCB
Commission on Atomic Energy
DMM, IEPA, ICC, DOC et al.
IPCB
IEQ
DMM
DOC
NOTE: Others as they become peripherally
or directly involved exercise the policy
approach of their particular agency
jurisdiction.
NOTE: There is no one central research
function in these resource areas. However,
v.irious .:s §40
Ch. Ill's 5l025a, 1001 et seq.
Ch. 127 5541
Broadly stated in statutory charters
in applicable situations. This is also
applicable to 5.2.1-.4
Ch. lll»j 51005
Ch. llDj 91006
Ch. 93
Ch. 19
III-E-93
-------
PART II - Matrix C
Indiana
iMiLi lie a Li on of Guvcriinnjii Lai InstiLuLiuiis by Mudia
Authority
Kedii
Institution
0.0 GENERAL
1.0 AIR
1.1 General Pollution
1.1.1 Standards
1.1.2 Planning
1.1.3 Monitoring
1.1.4 Enforcement
2.0 WATER
2.1 General-Quantity
2.2 General-Quality
2.2.1 Standards
2.2.2 Planning
2.2.3 Monitoring
2.2.4 Enforcement
2.3 Flood Control
2.4 Navigation
Indiana Environmental Management
Board (EMB)
Indiana Air Pollution Control
Board (APCB)
APCB
APCB
APCB
APCB
Indiana Department of Natural
Resources (ONR)
Indiana Stream Pollution Control
Board (SPCB)
SPCB
SPCB
SPCB
SPCB
DNR
Board of Commissioners of the
several counties of the state
Indiana Attorney General
1C 13-7-3-1
1C 13-7-2-10
1C 13-1-1-4
1C 13-1-1-4
1C 13-1-1-4
1C 13-1-1-4
1C 13-2-12-1 and 1C 13-2 broadly defined.
1C 13-1-3-4, 1C 13-1-3-1
1C 13-1-3-7
1C 13-1-3-10, 1C 13-1-4-1.
1C 13-1-3-6
1C 13-1-3-5
1C 14-3-3-7
IC~2-4-l
1C 13-2-4-4
III-E-94
-------
Media
Institution
Authority
2.S Drinking Water
2.6 Conservation
2.7 Recreation and
Wildlife
2.7.1 Aquatic life
2.8 Wild and Scenic Rivers
2.9 Hydroelectric
3.0 LAND
3.1 General
3.1.1 Planning
3.1.2 Zoning
3.1.3 Monitoring
3.1.4 En forcement
3.2 Landfills
3.3 Flood Plains
3.4 Shoreline Protection
3.5 Transportation
3.6 Archeological and
Historic Sites
Indiana State Board of Health
EMB
SPCB
APCB
DNR
DNR
ONR
DNR
DNR
SPCB
DNR (Flood plains)
Local ordinances prevail all others
SPCB
DNR
DNR
Public Service Commission
of Indiana (PSCI)
Many local jurisdictions
and regulations
DNR (Historic Preservation
Commission
1C 16-1-26-1, 1C 16-1-26-7
1C 13-7-3-1
1C 13-1-3-1
1C 13-7-2-10
1C 13-3-3-7
1C 14-2-3-2
1C 14-2-3-3
1C 14-2-5-1-10
1C 13-2-26-1, 1C 14-3-3-7, 1C 14-3-3-8
1C 13-7-2-10, 1C 13-7-4-1
1C 13-1-4-1
1C 13-2-22.5-1
1C 13-2-22.5-1
1C 13-1-3-6
1C 13-1-4-5
1C 13-1-3-5, 1C 13-7-4-1
IC-13-2-11-2, 1C 14-3-3-8
1C 8, broadly defined
1C 19-5, broadly defined
1C 18-4-22-1-2-3-4
III-E-95
-------
Media
Institution
Authority
3.7 Government owned
lands
3.7.1 Federal
3.7.2 State
3.8 Soil Conservation
3.9 Natural Resources
4.0 OTHER MEDIA
4.1 Noise
4.2 Radiation
5.0 MISCELLANEOUS
5.1 Research
5.1.1 Coal
5.1.2 Oil
5.1.3 Gas
5.1.4 Nuclear
5.1.5 Other
5.2 Regulation
5.2.1 Coal
5.2.2 Oil
5.2.3 Gas
5.1.4 Nuclear
5.1.5 Other
Department of Interior
Department of Agriculture
DNR '
NOTE: Other agencies of state
government provide maintenance
and integrity of their properties,
e.g., the state universities.
Soil and Water Conservation Committee
DNR
EMB
EMB
Legislative Council
Bureau of Mines and Mining
No statutory provision
No statutory provision
No statutory provision
No statutory provision
Bureau of Mines and Mining
DNR
PSCI
PSCI
EMB
PSCI
PSCI, EMB,DNR.et al
Various parks, forest, and preserves
operated in the state
1C 14-3-3-6
1C 13-3-1-4
1C 14-3-1-3
1C 13-7-8-1
1C 13-7-9-1
Generally, limited 1C 2-5-1-5
1C 22-10-3-6
1C 22-10-3-6
1C 13-5-2-1
1C 8-1-2-1, 1C 13-4-7-1
1C 8-1-2-1
1C 13-7-9-1
1C 8-1-2-1, 1C 8-1-2-49
Authorizing Chapters of Indiana Code
III-E-96
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PART II - Matrix D
1.1.4 Enforcement
2.0 HATER
2.1 General-Quantity
2.2 General-Pollution
2.2.1 Standards
2.2.2 Planning
2.2.3 Monitoring
2.2.4 Enforcement
2.3 Flood Control
2.4 Navigation
Kentucky
Identification of Government Institutions by Media
Media
0.0
1.0
GENERAL
AIR
1.1.1 Standards
1.1.2 Planning
1.1.3 Monitoring
Institution
Department of Natural Resources
and Environmental Protection
DNREP
DNREP
DNREP
Governor's Cabinet
DNREP
Authority
KRS
KRS
KRS
KRS
KRS
KRS
Ch.
Ch.
Ch.
Ch.
Ch.
Ch.
224
224
224.
224
147.
224.
450
070
450
DNREP
Soil and Water Conservation
Commission
Water Resources Authority
of Kentucky
DNREP
DNREP
DNREP
DNREP
Governor's Cabinet
DNREP
DNREP
Soil and Water Conservation
Commission
DNREP
Department of Transportation
Bureau of Highways (Ferries)
Railway Commission (Barges)
KRS Ch. 22.4.330, .060, .071, .081, .993, .091
KRS Ch. 146.020
KRS Ch. 5151, 151.330, 151.140
KRS Ch. 104
KRS Ch. 224
KRS Ch. 224.060,
KRS Ch. 224.060
147.070
224.060
.033
KRS Ch.
KRS Ch.
KRS Ch. 224.060, 071, 081, .993, 091
KRS Ch. 146.020
KRS Ch. 146
KRS Ch. 182
KRS Ch. 180-.070
KRS Ch. 235
III-E-97
-------
Media
Institutions
Authority
2.5 Drinking Water
2.6 Conservation
2.7 Recreation and Wildlife
•2.7.1 Aquatic Life
2.8 Wild and Scenic Rivers
2.9 Hydroelectric
3.0 LAND
3.1 General
3.1.1 Planning
3.1.2 Zoning
3.1.3 Monitoring
3.1.4 En forcetnent
3.2 Landfills
3.3 Flood Plains
3.4 Shoreline Protection
Department of Health
DNREP
Soil and Water Conservation
Commission
Department of Parks
DNREP
DNREP
DNREP
Public Service Commission
DNREP
DNREP
Department of Parks
State Property
and Buildings Commission
Governor's Cabinet
DNREP-Reclamation Commission
Department of Commerce
Kentucky Science and
Technology Commission
University of Kentucky
Turnpike Authority
Department of Transportation
(Local areas; no comprehensive
state agency authority)
DNREP
Department of Parks
DNREP
DNREP
DNREP-Soil and Water
Conservation Commission
DNREP-Water Resources
Authority of Kentucky
KRS Ch. 211.180
KRS Ch. 146.020
KRS Ch. 148.111
KRS Ch. 224
KRS Ch. 146.200
— .350
KRS Ch. 224
KRS Ch. 278.010 — .990
KRS Ch. 224
KRS Ch. 224.033
KRS Ch. 148.028
KRS Ch. 148.111
KRS Ch. 147.070
KRS Ch. 350.028, .152, .156
KRS Ch. 152.070
KRS Ch. 152.670
KRS Ch. 164.720
KRS Ch. 175.590
KRS Ch. 177.420
KRS Ch. 100.183, .201, .203
KRS Ch. 224.033
KRS Ch. 149.010
KRS Ch. 224.033
KRS Ch. 224.250, .255, .260
KRS Ch. 146.020
KRS Ch. 151.140
IIIrE-98
-------
Media
Institution
Authority
3.5 Tr
I .it Ion
I.I i I iiii-iil »!' Tr.111:111111 I .il ion Kit:; Cli. \2. 020
3.6 Archeological &
Historic Sites
3.7 Government-Owned Lands
State
Federal
3.8 Soil Conservation
3.9 Natural Resources
3.10 Recreation
4.0 OTHER
4.1
4.2 Radiation
5.0 MISCELLANEOUS
5.1 Research
Bureau of Highways
University of Kentucky
Department of Parks
DNREP
DNREP
Department of Human Resources
Development Cabinet
•University of Kentucky,
Institute for Mining and
Minerals Research
DNREP
Kentucky Energy Council
(Kentucky Energy Office
supplies support staff to KEC
KRS Ch. 176, 177
KRS Ch. 164.710, 720
KRS Ch. 148
KRS Ch. 224.720
KRS Ch. 152.690
1974 Session, HB251, HB252 passed
(Contractual effort with Department
of Commerce under provisions of
KRS Ch. 152)
KRS Ch. 224, stated broadly
Executive Order 73-577
III-E-99
-------
Media.
Institution
Authority
5.1.1 Coal
5.1.2 Oil
5.1.3 Gas
5.1.4 Nuclear
Department of Commerce
Development Cabinet
Kentucky Coal Research Board
5.1.5 Other
5.2 Regulation
5.2.1 Coal
5.2.2 Oil
5.2.3 Gas
5.2.4 Nuclear
Kentucky Science and
Technology Council
Kentucky Science and
Technology Commission
Department of Human Resources
Kentucky Legislative
Research Commission
The Public Service Commission
DNREP
Department of Mines
and Minerals
DNREP
Kentucky Public Service
Commission
Kentucky Public Service
Commission
Department of Mines
and Minerals
Department of Human Resources
KRS Ch. 152
1974 Session, HB 251, HB 252 passed.
KRS Ch. 351.250
No statutory provisions, except for
conversion of coal to liquid and gas.
No statutory provisions, except for
coal conversion to liquid and gas.
KRS Ch. 152.200—250, provides for
cooperative efforts under the Southern
Interstate Nuclear Compact and Board.
KRS Ch. 152.510-.700
KRS Ch. 152.690
KRS Ch. 7.090, broadly stated
KRS Ch. 278.010
HB 438, 1974 Session of Kentucky
General Assembly
HB 251, 1974 Session of Kentucky
General Assembly
KRS Ch. 351 establishes overall
regulatory body.
Executive Order 73-1, KRS Ch. 224,
broadly stated.
KRS Ch. 278
KRS Ch. 278
KRS Ch. 152.120
KRS Ch. 152.690
III-E-100
-------
Institution Authority
5.2.5 Other Kentucky Public Service
Commission
DNREP
Department of Mines
and Minerals
Development Cabinet
Department of Commerce All broadly stated
III-E-101
-------
PART II - Matrix E
Ohio
Identification of Government Institutions by neaia
Media
Institution
Authority
1.0 AIR
1.1 General-Pollution
1.1.1 Standards
1.1.2 Planning
1.1.3 Monitoring
1.1.4 Enforcement
2.a WATER
2.1 General Pollution-
Quantity
2.2 General Pollution-
Quality
2.1.1 Standards
2.1.2 Planning
2.1.3 Monitoring
2.1.4 En forcement
2.3 Flood Control
2.4 Navigation
Ohio Environmental Protection
Agency (OEPA)
OEPA
OEPA
OAQOA
OEPA
OEPA
Division of Water (ODNR)
Ohio Water Commission
OEPA
OEPA
OEPA
OEPA
OEPA
Ohio Water Commission
Public Utility Commission of Ohio(PUCO)
OEPA
553704.01 et seq., 10-9
§3704.03
ORC §3704.03; AP-3-06; AP-5-06; AP-7-05
ORC §3706.01 et seq.
ORC §3706.01 et seq.
ORC §3704.03
ORC 53704.06
NOTE: For all of the above the Attorney-
General is the enforcement institution in
matters of noncompliance. (ORC 53745.01 et seq.)
NOTE: Except in Franklin County, where
air pollution control programs are handled
by OEPA, air pollution in major urban areas
is handled by local air pollution control
agencies. ORC §3704.11)
ORC 51521.01 et seq.
ORC 51525.03
ORC Ch. 6111 EPI-9
ORC §6111.03
ORC §6111.03
ORC §6111.03
ORC 556111.03, 6111.07
ORC 1525
ORC 4919
ORC 56111.04
III-E-102
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-------
Aulliui I I y
3.7 Government Owned Lands
3.7.1 Federal
3.7.2 State
3.8 Soil Conservation
3.9 Natural Resources
3.10 Recreation
3.11 Strip Mining
4.0 OTHER MEDIA
4.1 Noise
4.2 Radiation
5.0 MISCELLANEOUS
S.I Research
5.1.1 Coal
5.1.2 Oil
5.1.3 Gas
5.1.4 Nuclear
5.2 Regulation
5.2.1 Coal
(Department of Interior, National Park
Tic rv ice-,
Department of Agriculture, Forest Service)
ODNU
Division of Lands and Soil of Ohio, ODNR
ODNR
Division of Parks (ODNR)
Park Districts
ODNR
Division of Wildlife
ODNR (Bureau of Reclamation)
Municipal Corporations
Department of Health
Ohio Power Siting Commission
OGRDA
Division of Mines (ODNR)
Department of Health
Department of Industrial Relations
Industrial Commission
Department of Transportation
PUCO
Department of Insurance
ODNR
et al
Division of Mines
OKC 51U01.01 ot scq.
OKC 131511.9, 1515.02
OUC 51501 et seq.
ORC 51541
ORC 51545
ORC 51517
ORC 51531
ORC 51513
ORC 55715.49, 715.55
ORC 53701.90 et seq.
ORC 54906.03
ORC 5122.84
ORC 54151.25
ORC {4163.03
ORC 554151, 4153, 4155,
Extraction, conversion, transportation.
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Media
Institution
Authority
5.3
5.2.1 Coal (Continued)
5.2.2 Oil
5.2.3 Gas
5.2.4 Nuclear
5.2.5 Other
Policy &
Planning
PUCO
ODNR
OEPA
Ohio Power Siting Commission
PTtr'rv
uv-w
Division of Oil & Gas (ODNR)
OEPA
Ohio Power Siting Commission
PUCO
Division of Oil & Gas (ODNR)
OEPA
Ohio Power Siting .Commission
Department of Health
OEPA
PUCO
PUCO
Ohio Power Siting Commission
OERDA
OEPA
Ohio Power Siting Commission
PUCO
Ohio Air Quality Development Authority
ORC §4905.04
ORC §1513
ORC §3704, 6111, 3734
ORC §4906
ORC §4905.04
ORC §1509
ORC 53704, §6111
ORC §4906
ORC §4905.04
ORC §1509
ORC §53704, 6111
ORC §4906
ORC §3701.90 et seq.
ORC §§3704, 6111, 3734
ORC §4905.04
ORC §4905.04
ORC §4906
ORC §§3704, 6111, 3734
ORC §122.63 et seg.
ORC §§3704, 6111, 3734
ORC §4906
ORC §4905.20
ORC §3806
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Ill Identification of Institutions and Legislative Authority by Process
MATRIX FORMAT
A
Fed-
eral
B
Ill-
inois
C
Ind-
iana
D
Ken-
tucky
E
Ohio
1.0 Extraction of Raw Materials
1.1 Coal
1.1.1 Strip Mining
1.1.2 Deep Mining
1.1.3 Waste Disposal/Reclamation
1.2 Natural Gas and Oil
1.3 Water
1.3.1 Quantity
2.0 Transportation of Raw Materials and
Converted (Process) Fuels
2.1 Non-Hazardous Materials
2.2.1 Truck
2.1.2 Rail
2.1.3 Barge
2.1.4 Pipeline
2.2 Hazardous Materials — Non-Nuclear
2.3 Hazardous Materials — Nuclear
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A
Fed-
eral
B
Ill-
inois
C
Ind-
iana
D
Ken-
tucky
E
Ohio
3.0 Raw Material Conversion
3.1 Coal
3.2 Oil
3.3 Gas
3.4 Nuclear
4.0 Generation of Electrical Energy
4.1 Coal (Coal, Gas & Liquefaction)
4.1.1 Waste Disposal
4.1.2 Fuel Allocations
4.2 Oil
4.2.1 Waste Disposal
4.2.2 Fuel Allocations
4.3 Gas
4.3.1 Waste Disposal
4.3.2 Fuel Allocations
4.4 Nuclear
4.4.1 Waste Disposal
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A
Fed-
eral
B
Ill-
inois
C
Ind-
iana
D
Ken-
tucky
E
Ohio
4.4.1.1 Transportation
4.4.1.2 Storage
4.4.2 Fuel Allocation
4.5 Hydroelectric
4.6 Other
5.0 Transmission of Electrical Energy
5.1 Interstate
5.2 Intrastate
6.0 Consumption/Conservation by Consumer
6.1 Rate Structures
6.2 Tax Structures
6.3 Building Codes
6.4 Use Regulations
6.5 Other Measures
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PART III IDENTIFICATION OF INSTITUTIONS AND LEGISLATIVE
AUTHORITY BY PROCESS
introduction
This part of the report identifies institutional
arrangements and their legislative authority by six pro-
cesses involved in the generation of electrical energy in
the Ohio River Basin. These six processes or steps are:
1. Extraction of raw materials;
2. Transportation of raw materials and converted
(process) fuels;
3. Raw material conversion;
4. Generation of electrical energy; •
5. Transmission of electrical energy; and,
6. Consumption and/or conservation by consumers.
These processes or steps are the same as, or similar to, those
utilized in the scientific and technological studies.
The greatest impacts on the environment will result
from the extraction process and the electrical generation pro-
cess. For the most part, the raw material conversion processes
while having a great impact upon the environment are more
limited in number and, in many instances, present the same
problems as in the generation of electrical energy — i.e.,
a coal-conversion process may present many of the same problems
as the generation of electrical energy by a coal-fired plant.
The transportation of raw materials and converted
(process) fuels is largely subject to regulation of govern-
mental agencies not concerned with energy generation. The
principal exceptions to this involve hazardous materials and
nuclear materials.
The transmission of electrical energy can have a
substantial impact upon the environment particularly at the
time the transmission lines are constructed. These are, how-
ever, not as complicated nor as intermedia related as are the
other processes.
The matters involving consumption and/or conserva-
tion by consumers relates to the problem of reducing demand
or curbing demand for the energy. By so doing, fewer energy
conversion facilities are needed, and this would, of course,
lessen impact upon the environment.
It is suggested that the matrix be reviewed to
identify the paragraph number of the process which is creating
or may create, an environmental problem. The text following
the identified number will set forth the agencies and statutes
pertaining to the problems.
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A. FEDERAL
1.0 Extraction of Raw Materials
The federal authority over extraction of energy
resources from federal lands is complete. The states have
primary responsibility for the regulation of mineral extrac-
tion from non-federal lands. However, the extent to which
federal law impacts mineral extraction on non-federal lands
depends upon which minerals and which extraction processes
are involved. Energy resources extraction in the ORBES area
is limited for the most part to coal and smaller amounts of
oil and natural gas; therefore, the legal constraints on
the extraction of these resources will be stressed.
Direct federal authority is exercised primarily by
the Interior Department. This authority is guided by the
policies set forth in the Mining and Minerals Policy Act of
1970 (30 U.S.C. §21(a), 1970):
The Congress declares that it is the continu-
ing policy of the Federal Government in the national
interest to foster and encourage private enterprise
in (1) the development of economically sound and
stable domestic mining, minerals, metal and mineral
reclamation industries, (2) the orderly and economic
development of domestic mineral resources, reserves,
and reclamation of metals and minerals to help as-
sure satisfaction of industrial security and envir-
onmental needs, (3) mining, mineral, and metallur-
gical research, including the use and recycling of
scrap to promote the wise and efficient use of our
natural and reclaimable mineral resources, and (4)
the study and development of methods for the disposal,
control, and reclamation of mineral waste products,
and the reclamation of mined land, so as to lessen
any adverse impact of mineral extraction and pro-
cessing upon the physical environment that may result
from mining or mineral activities.
For the purpose of this section "minerals"
shall include all minerals and mineral fuels includ-
ing oil, gas, coal, oil shale, and uranium.
It shall be the responsibility of the Secretary
of the Interior to carry out this policy when exer-
cising his authority under such programs as may be
authorized by law other than this section. For this
purpose the Secretary of the Interior shall include
in his annual report to the Congress a report on the
state of the domestic mining, minerals, and mineral
reclamation industries, including a statement of
the trend in utilization and depletion of these
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resourcesr together with, such recommendations for
legislative programs as may be necessary to imple-
ment the policy of this section.
Existing federal laws which may indirectly effect
extraction and proposed legislation to regulate such extrac-
tion as strip mining will be noted specifically below.
1.1 Coal
The federal government presently has no general
statutory authority aimed at the environmental impacts of
coal mining on non-federal lands. The amount of coal taken
from federal lands in the ORBES region is negligable.
The Interior Department has promulgated regulations
for the control of the mining of "federally-owned coal re-
gardless of surface ownership." These apply to both surface
and deep-mining and are enforced by the U.S. Geological Sur-
vey. (30 C.F.R. Part 211.) Such requirements if applied to
coal procured by the Tennessee Valley Authority for use in
its plants could substantially effect the mining methods of
its suppliers in the ORBES region.
Under the Federal Coal Mine Health and Safety Act of
1969 (30 U.S.C. 801) the Interior Department's Mining Enfor-
cement and Safety Administration (MESA) enforces exhaustive
regulations aimed at protecting miners of surface or under-
ground mines whose coal enters interstate commerce. These
standards may effect the environmental impacts of mining
such as noise levels (30 C.F.R. Part 71 Subpart D) and dust
levels (Subpart B) of surface mine areas.
1.1.1 Strip Mining of: Coal
The Interior Department has issued regulations for
surface mining on lands leased from the federal government.
The regulations are designed to "avoid, minimize, or correct
damage to the environment" occasioned by surface mining opera-
tions. (43 C.F.R. Part 23) The U.S. Geological Survey
(U.S.G.S.) administers these regulations (43 C.F.R. §23.5) in
coordination with the Bureau of Land Management (BLM) author-
ity to grant and revoke permits and leases under the Mineral
Leasing Act. (30 U.S.C. 201-208 (1970) Coal leasing is cov-
ered in general regulations covering all leasable minerals
other than oil, gas, and oil shale. (43 C.F.R. Group 3500)
The federal government has no direct or general
authority over strip mining which involves neither federal
land nor federally-owned or leased coal. However, legislation
has been introduced which may soon empower the federal govern-
ment to regulate strip mining directly.
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1.1.2 Deep Mining
Provisions regulating coal extraction generally as
outlined above in sections 1. and 1.1 apply to deep-mining.
Beyond these, the federal government has no specific authority
over the environmental impacts of deep-mining, although reg-
ulation of the wastes (as outlined below in section 1.1.3)
is conducted under the more general water pollution control
authority.
1.1.3 Waste Disposal/Reclamation
A mining operation may be deemed a point source of
water pollution requiring a permit under the Federal Water
Pollution Control Act of 1972,(33 U.S.C. §1362) EPA regula-
tions set specific effluent limitations and standards for coal
mining point sources. (40 C.F.R. §434)
It is recognized by EPA, however, that not all water
pollution arising from mining operations is subject to the
point source regulations. In order to assist the states in
controlling such nonpoint source pollution as acid mine drain-
age, sedimentation, groundwater pollution and leachate, EPA
is considering requiring Best Management Practices (BMP's)
to be included in the §208 Areawide Waste Treatment Management
plans which are now required to be adopted for all areas of
each state. (33 U.S.C. §§1281(c), 1288; NRDC v. Train, 396
F. Supp. 1386 (D.D.C. 1975); 41 Fed. Reg. 48652, 10-16-75)
1.2 Natural Gas and Oil
Relatively small amounts of oil and natural gas are
produced in the ORBES region, and only a small percentage of
this is extracted from federal lands and thus subject to
direct federal regulation. The Mineral Leasing Act establishes
the system of leasing and regulation for the major fuel-
minerals except uranium. (30 U.S.C. §§223-28) Land in
national forests is subject to leasing (30 U.S.C. §181) while
incorporated towns and national parks are specifically ex-
cluded (Id.).
Leasing is conducted by the B.L.M. (30 U.S.C. §226(a);
43 C.F.R. Part 3100), while USGS supervises operations after
leasing. (30 U.S.C. §226; 30 C.F.R. Part 221) USGS has
regulations aimed at preventing the waste of mineral resources
(30 C.F.R. §221,4), and protection of streams and underground
water from pollution and the prevention of damage to land
involved. (30 C.F.R. 221.32)
The Pickett Act authorizes the President in his dis-
cretion to temporarily withdraw from settlement, location,
sale or entry of any public lands which he may decide to
dedicate to public purposes specified in the withdrawal orders.
(43 U.S.C. §§141f 142) This power has been used to create
oil reserves.
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The Natural Gas Act authorizes the Federal Power
Commission to regulate the well-head price of natural gas
dedicated to interstate commerce. (U.S.C. §§717 et seq.;
8 C.F.R. Subchapters E', F, and G) The extent and nature of
FPC regulation is changing in response to criticism that
prices were too low to encourage sufficient production to
meet winter fuel demands.
The Safe Drinking Water Act of 1974 requires the EPA
to publish regulations to protect underground sources of
drinking water from contamination due to the injection of
brine or other fluids in connection with the recovery and
production of oil or natural gas. (42 U.S.C. 300L) The
states have primary enforcement responsibility subject to EPA
intervention upon the state's failure to enforce regulations.
(42 U.S.C. 300h-l-2)
1.3 Water The use of water and waterways is sub-
ject to many federal acts.
The Water Resources Planning Act (42 USC §§1962a et
seq.) establishes the Water Resources Council at the federal
level and river basin commissions to study and develop water
use plans. Principals for planning are set forth in exten-
sive federal regulations. (33 C.F.R. Part 252)
The Army Corps of Engineers has permit authority
for activities in navigable waters. These permitting pro-
cesses are affected by several statutes which are described
in 33 CFR Part 209. The Secretary of Army must consult with
Departments of Commerce, Interior and EPA before issuance of
such permits. EPA may veto a permit if water quality stan-
dards would be endangered or violated by such withdrawal of
water or other activity. (33 CFR §209.120; Executive Order
11574)
The Rivers and Harbors Acts 1970 (33 USC §403) pro-
vides for a dredge and fill permit process for construction
of intake facilities. 33 CFR Part 209 sets forth the permit-
ting process of the Corps of Engineers and includes reference
to EPA guidelines (40 CFR Part 227( according to which EPA
reviews Corps dredge and fill permits.
The Fish and Wildlife Coordination Act (16 USC § 661
et seq.) also applies to water extraction. 33 CFR Part
209.120(c)(5) of the Corps regulations requires consultation
with other agencies including those involved with fish and
wildlife when issuing permits.
The acts of the Corps in issuing permits are covered
by the National Environmental Policy Act and in many instances
require an environmental impact statement. The Corps has
issued its own regulations setting forth the procedures for
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preparing of the environmental impact statements. (33 CFR
§.209.410.)
To the extent that extraction of raw materials, in-
cluding withdrawal of water, would involve the construction
of dams, dikes, piers, wharves or other intake facilities
into navigable waters, the Corps of Engineers is involved
and permits are required under the Rivers and Harbors Act.
(33 USC 401 et seq.) This Act requires permits for such
diverse activities as construction of dams or dikes across
any navigable water, prohibits unauthorized obstruction or
alteration of navigable waters including the construction of
any structure in or over any such waters, the excavation from
or depositing of material in such waters, or the accomplish-
ment of any other work affecting the Corps' location, condi-
tion or capacity of such waters. Piers, wharves, bulkheads
or other works may be extended beyond harbor lines only with
a permit. Section 404 of the Federal Water Pollution Con-
trol Act of 1972 (33 USC §1344) authorizes the issuance of
Corps permits for the discharge of dredged or fill material
into navigable waters at specified disposal sites, subject
to EPA administrator concurrence.
The Federal Power Act of 1920 (16 USC §797(a)
authorizes the issuance of licenses by the Federal Power
Commission for construction, operation, maintenance of dams,
reservoirs, power houses, and other aspects of a power pro-
ject. Licensing requires consultation with, and approval of,
the Corps in any matters affecting navigation.
2.0 Transportation of Raw Materials and Converted
Fuels
The Federal regulations and statutes applicable to
truck, rail, barge, and pipeline transportation of raw mater-
ials (coal, oil, nuclear, etc.) and converted fuels can be
considered together. The laws and regulations do not make
any significant distinctions between the transportation of
raw materials and converted fuels. A more significant dis-
tinction is made in federal regulations as between non-
hazardous and hazardous materials which are transported in
interstate commerce. In the case of hazardous materials, it
is also advisable to make a distinction between nuclear
materials and non-nuclear materials. In the case of nuclear
materials, it should be noted that the Atomic Energy Commis-
sion was abolished by the Energy Reorganization Act of 1974,
and its development and proprietary functions transferred to
the Energy Research Development Administration. (42 USCA
§5814(a) and (c)) The licensing and regulatory functions
of the Atomic Energy Commission were transferred to the Nuclear
Regulatory Commission. (42 USCA §5841(f)
There are some miscellaneous statutes and regula-
tions which have limited applicability to the ORBES study
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region.. As an. example, a patent for mining on public lands
which could be granted to a private concern or individual by
the Bureau of Mines would include a right to transport the
minerals across public land. As another example, a right-
of-way for a railroad, pipe line, highway, utility line, etc.,
over lands under the jurisdiction of the Energy Research
Development Administration (ERDA) would require consent of
ERDA. (re USCA §2201(g)
With respect to transportation by truck, the siting
of highways constructed with federal funds is subject to
numerous regulations by the Department of Transportation.
The Federal-Aid Highway Act provides that the Secretary of
Transportation must approve a designated route for highways
constructed with federal funds. (23 USCA Section 103(f), 23
CFR 470, 473, and 476) The Act also provides for the acquisi-
tion of rights-of-way for interstate highways and that the
Secretary of Transportation must approve design standards
which standards include, among other things, standards to
minimize erosion, minimize adverse economic, social and
environmental effects, and assure compliance with the Clean
Air Act and other environmental considerations.(23 USCA §§
107-109; 23 CFR Chapter I Subchapters G and H) The Act also
provides: (1) That construction of a federal aid highway is
subject to inspection and approval by the Secretary (23 USCA
§114; 23 CFR 637); (2) That it is the duty of the state to
maintain the federal highway after it is constructed (23 USCA
§116; 23 CFR 635, 650, and 655); (3) That, in the event that
it is necessary to relocate existing utility facilities,
federal funds will be used to reimburse the state proportion-
ately for relocation payments to utilities (23 USCA §123;
23 C.F.R. Part 645); (4) That, in the event a federal aid
highway is going near or through a city, town or village, the
Secretary will be required to hold public hearings and consi-
der the economic and social effects of such location on the
environment and to assure consistency with local planning
(23 USCA §128; 23 CFR Part 790); and, (5) That federal aid
highways in urban areas will not be approved unless they are
based upon a comprehensive transportation plan.(23 USCA §134)
It is declared in the Act and elsewhere that it is a national
policy to preserve natural beauty, parks, wildlife refuges,
and historic sites. (23 USCA §138; 49 USCA §1653(f)) Approval
for the location of a federal aid highway will not be made
unless there are findings that there is no feasible alternative
or that the construction will be with minimum damage to such
sites. (23 CFR 765 and 771)
2.1 Non-Hazardous Materials
The Interstate Commerce Commission (ICC) regulates
common carriers of oil and other commodities (except natural
gas and water) by pipeline or partly by pipeline and partly
by railroad and/or water. (49 USCA chapter 1) Other federal
legislation provides that mineral lessees may combine as
III-E-116
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conunoa carriers to transport coal or oil by rail or pipeline.
(.30 USCA §.184 (f I
With respect to transportation by barge the Coast
Guard establishes regulations to control vessel traffic in
congested areas. (33 USCA §§1221 and 1222) In addition,
environmental factors must be considered. (33 CFR 160-161,
109-110, 60-76, 124) The Coast Guard is also authorized to
promulgcite regulations for the design, construction, and
operation of tankers and oil transfer facilities in navigable
waters. (33 USCA §1321; 33 CFR 151-159; 46 CFR 30-40f 50-64,
and 163)
The ICC has extensive authority to regulate the con-
nections and rates of water carriers. (49 USCA Ch. 12, Part 3)
Pursuant to this authority, the ICC has issued many regulations.
(49 CFR 1070-72, 1140-41, 1208-09, 1227, 1250, 1303, and 1308)
Other miscellaneous statutes having to do with barge
transportation include provisions which require that, if a
channel is deepened, there must be consultation with the Fish
and Wildlife Service.(16 USCA §662; 36 CFR 313; 33 CFR 213)
With respect to pipelines, there are several specific
statutes dealing with siting including: (1) Pipelines through
navigable waters must be licensed by Army Corps of Engineers
(33 USCA §403; 33 CFR Parts 64, 206 and 209); (2) Rights-of-
way for construction of canals, ditches, and pipelines across
public domain, incidental to mining operations are regulated.
(30 USCA §51; 43 CFR 2880); (3) Rights-of-way through public
lands (usually Department of Interior controlled) for pipe-
lines that are operated as common carriers are regulated.
(30 USCA §185; 43 CFR 2880; 49 CFR 1204, 1260, and 1261)
The ICC also has authority to regulate interstate
pipelines for safety factors.(49 USCA §1671; 49 CFR 191-192)
The Office of Pipeline Safety in the Department of Transpor-
tation is also authorized to set safety standards.(18 USCA
§831; 49 CFR 190-195)
2.2 Transportation of Non-Nuclear Hazardous Substances
The regulation of transportation of hazardous sub-
stances (non-nuclear) has been delegated primarily to the De-
partment of Transportation. (49 USCA §§1801 et seq.) The
Secretary of Transportation has authority to regulate the
transportation of such hazardous substances. Regulations per-
taining to the identification and transportation of hazardous
substances have been promulgated. (49 CFR Parts 170-179)
The Federal Highway Administration of the Department
of Transportation has promulgated regulations controlling the
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routes, driving, fueling, and parking of motor vehicles
transporting hazardous materials. (18 USCA 5§834; 49 CFR
Part 397) The Coast Guard is authorized to regulate the
transportation of hazardous material on water. (46 USCA
§§170 et seq.) Numerous safety regulations have been pro-
mulgated. (46 CFR Part 36, Parts 38 -40, 98, 146-147, and
151-154) The unloading and storage in waterfront facilities
with respect of explosives and other dangerous cargoes are
also regulated. (33 CFR Part 126)
2.3 Nuclear Material Transportation
The regulation of transportation of nuclear mater-
ials (source materials, by-product materials, and special
materials) falls within the jurisdiction of the Nuclear
Regulatory Commission (NRC). (42 USCA §§5841 et seq.) The
authority of the NRC is set forth in the Act governing the
manufacturing, processing, transportation, use, and possession
of nuclear materials. (42 USCA §§2011 et seq.) It is ex-
pressly provided that, due to the interstate nature of possible
damage, the operation of nuclear facilities is deemed to be a
matter affecting interstate commerce and therefore subject to
NRC regulation. (42 USCA §2012(f))
The NRC has authority for the regulation and licens-
ing for all forms of nuclear by-product materials including
exporting, importing or transferring possession or control.
(42 USCA §§2111 and 2021; 10 CFR 31-33; 10 CFR 36) The NRC
also has authority: (1) To regulate and license special
nuclear materials in interstate commerce (42 USCA §2073; 10
CFR 70); (2) To control and license source material (42 USCA
§§2092, 2093 and 2099; 10 CFR Part 40); and (3) To control
and license interstate commerce of production facilities.
(42 USCA §§2131 and 2133; 10 CFR Part 50)
The NRC has authority to establish rules and regula-
tions for possession of all forms of nuclear material. (42
USCA §2201(b) It is expressly provided, however, that state
and local governments shall retain the authority to regulate
radio-active materials for purposes other than protection
from radiation hazards. (42 USCA §2021(k); 10 CFR Part 150)
In general, the regulation of nuclear materials from
mining, transporting, processing, and further transportation
and use, is closely regulated by the NRC. Specific provisions
of the Act and regulations with respect to transportation of
these materials are interspersed with the statutory and reg-
ulatory provision concerning manufacturing, possession, and
use.
3.0 Raw Material Conversion
As in the case of transportation it should be noted
that the regulation of nuclear materials and their conversion
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are coat.rolied by the Eaergy Research and Development Admin-
istration (ERDA) and the Nuclear Regulatory Commission (NRC) .
There is substantially less regulation of the conversion of
non-nuclear fuels. It must be remembered, however, that the
conversion process like any other manufacturing process is
subject to the general provisions of the Clean Air Act,
Federal Water Pollution Control Act, Noise Act, Solid Waste
Disposal Act, and possibly the River and Harbors Act, if
situated on a navigable water way. Since these conversion
facilities may produce substantial residuals in the form of
air pollutants and water pollutants, these laws are parti-
cularly applicable to such processes.
The Energy Research and Development Administration
is primarily involved in research and development with respect
to new fuels and, in some instances, may even own the pilot
conversion plants; or, in the alternative, finance these
plants with grants or with loans. ERDA has authority to
construct and operate demonstration plants for production of
liquid, synthetic fuels from coal oil-shale and from agri-
cultural and forestry products. (30 USCA §321) Such demon-
stration plants include all facilities necessary for the
manufacture, purification, storage, and distribution of the
product.,
Pursuant to the Clean Air Act (42 USCA 1857 et seq.)r
EPA has adopted national primary and secondary ambient air
quality standards. Standards for such pollutants as parti-
culates,, sulfur oxide, and nitrous oxides are established.
Each state must promulgate a state implementation plan or, in
the event the state fails to promulgate a satisfactory plan,
the administrator of EPA will promulgate such a plan. It is
the purpose of the plan that primary and secondary ambient
air quality standards be reached. (40 CFR Parts 51 and 52)
There are, in addition, new source performance standards
required for certain categories of industries. These will be
identified under the topics of coal, oil, or gas conversion.
The impact of the primary and secondary ambient air quality
standards is very important in that certain facilities gener-
ating regulated pollutants may not be able to locate in a
particular area due to the effect upon such ambient standards.
Under the Federal Water Pollution Control Act (33
USCA §1251 et seq.) national effluent limitation standards
for classifications of dischargers have been established as
well as water quality standards in the streams (ambient
standards). The conversion facilities as point source dis-
chargers would be subject to the effluent limitations stan-
dards if such are established for the category of industry.
If the ambient water quality standard 'would be adversely
affected, such point source discharge would also be subject
to more stringent restrictions than the national effluent
limitations standards.
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In the event that the conversion facility is located
on a navigable stream, the Army Corps of Engineers has author-
ity to oversee activities and construction involving that
stream. C33 USCA §§401 et seq.) The construction of facili-
ties involving navigable waters and related dredging and
filling are all matters subject to jurisdiction of the Army
Corps of Engineers and requiring a permit. (33 CFR Part 209)
In the event that water quality would be adversely affected,
the EPA may veto a permit for the discharge of dredged or
fill materials. (33 USCA §1344)
3.1 Coal Conversion
It should be noted that the Federal Power Commission
has held that it lacks jurisdiction over plants converting
either naptha or coal into synthetic natural gas. These de-
cisions were contained in the cases of Algonquin SNG Inc.,
Federal Power Commission docket CP77-35 and El Paso Natural
Gas Company/ FPC Docket No. CP73-131.
The EPA has set new source performance standards for
particulates emanating from coal preparation plants, but not
for plants converting coal into synthetic natural gas. (40
CFR 60 Subpart Y) It should also be remembered that primary
and secondary ambient air standards will apply to the opera-
tion. (40 CFR Part 50)
Although EPA has authority to promulgate national
effluent limitation standards for water quality (33 USCA §§
1251 et seq.), it has not done so with respect to coal con-
version or gasification plants. Such plants would have to
meet the water quality standards and, as point source dischar-
gers, would be assigned a waste load allocation which would
become part of their permit pursuant to the NPDES permit
system of the Federal Water Pollution Control Act. (33 USCA
§1342) The major conversion facility would also be subject
to areawide planning requirements as promulgated pursuant to
Section 208 of the Federal Water Pollution Control Act. (33
USCA §1288)
3.2 Oil Conversion
New source performance standards for air quality have
been established for petroleum refineries. (42 §1857 et seq.;
40 CFR Part 60, Subpart J)
With respect to water quality, national effluent
limitation standards for petroleum refining have been estab-
lished. (33 USCA §§1251 et seq.; 40 CFR Part 419)
3.4 Nuclear Conversion Facilities
Nuclear raw material conversion processes such as
uranium enrichment and waste disposal are conducted by the
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Energy Research, and Development Administration (ERDA) under
regulation by the Nuclear Regulatory Commission (NRC). Pri-
vate companies involved in uranium enrichment and waste
disposal are also regulated by the NRC. (42 USCA §52061-
2112 and 2131-2140; 10 CFR"Parts 30, 40, and 70)
National Environmental Policy Act (42 USCA §54331
et seq.) also applies to Acts of the NRC. The licensing and
regulatory policy procedures for protecting the environment
have been set forth in regulations by NRC. (10 CFR Part 51)
The disposition of waste from nuclear fuel process-
ing plants as well as disposal of waste at other stages in
the nuclear fuel cycle are regulated by NRC. Such regulations
include policies relating to the siting of fuel reprocessing
plants and related waste management facilities. (10 CFR Part
50, appendix F) The disposition and handling of other nuclear
waste, including the limitation on the possession, use or
transfer of "licensed materials" in excess of certain con-
centrations, are also regulated. (10 CFR Part 20) All per-
sons and companies licensed to operate production or utiliza-
tion facilities pursuant to NRC regulations must comply with
the waste disposal regulations. (10 CFR Part 50; 10 CFR
Part 20)
4.0 Generation of Electrical Energy
The generation of electrical energy in the ORBES
region will be primarily from fossil fuel such as coal and
nuclear materials. Although it is not anticipated that there
will be any hydroelectric development, federal statutes and .
regulations pertaining to hydroelectric generation will be
noted briefly. As in the case of material conversion facil-
ities, the electrical generation plants as large industrial
sites are subject to the provisions of the Clean Air Act of
1970 and the Federal Water Pollution Control Act of 1972.
Generation of electricity from nuclear materials will
be treated separately, since it is a process which is subject
to regulation primarily by the Nuclear Regulatory Commission
and is sponsored by the Energy Resources Development Admin-
istration. Due to the particular hazards and problems with
respect to nuclear plants, they are subject to many specific
statutes and regulations. They are also subject to certain
provisions of the Clean Air Act and the Federal Water Pollu-
tion Control Act.
There are other general statutes which may have some
application to the generation of electrical energy. Some of
these statutes concern the use of public lands. The Secre-
tary of Interior is authorized to promulgate regulations to
permit use of public lands for purposes of generating, manu-
facturing or distributing electrical energy. (43 USCA §§
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957 and 959} In addition rights-of-way for ditches, canals,
or reservoirs approved by the Secretary may be used for
purposes of a, public nature and may also be used for develop-
ment of power as a subsidiary use to the main purpose of
irrigation or drainage. (43 USCA §951)
4.1 Coal
With respect to air quality matters, coal-fired
generation plants are subject to new source performance
standards (NSPS) of the Clean Air Act.(42 USCA §1857) These
standards have been promulgated by the Administrator of EPA
for particulates, sulfur oxides and nitrogen oxides. (40 CFR
§§60.40-.46)
Such plants will also come under the required state
implementation plans.(SIP) (42 USCA §1857) As noted under
the conversion facilities discussion, SIP's are formulated
by the states or, in default of satisfactory formulation by
the states, by the Administrator of EPA. The purposes of
SIP's are to achieve the national primary and secondary ambient
air standards. The Administrator has promulgated extensive
regulations with respect to the formulation of the SIP's. (40
CFR Parts 50, 51, and 52) For new stationary sources such as
fossil-fuel steam generating plants, there is a new source
review at preconstruction stage. The Administrator has pro-
mulgated regulations with respect to this new source review.
(40 CFR Part 60 Subpart D)
Pursuant to provisions of the Energy Supply and
Environmental Coordination Act of 1974 (42 USCA §§1857 et
seq.), U.S. EPA has provided for a one-year postponement of
power plant compliance dates for those power plants in order
to switch from gas and/or oil to coal. (40 CFR Part 55)
With respect to water pollution matters, such plants
are point source dischargers and come within the scope of
numerous provisions of the Federal Water Pollution Control
Act including national standards of performance for steam
electric power plants, the national effluent limitations
standards, the national pollution discharge elimination system,
thermal discharge limitations, and areawide water quality
managementplanning. Many of these provisions of the statute
and regulations promulgated thereunder, are interrelated and
should be considered together rather than on a piecemeal basis.
Section 301 of the Act (33 USCA §1311) authorizes
the establishment of National Effluent Limitations Standards
for point source dischargers based upon the application of
the best practicable control technology currently available
by July 1, 1977. By July 1, 1983, the standards shall require
application of the best available technology economically
achievable. The Administrator has promulgated regulations
specifically applying to steam electric power generating
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plants. (40. CFR Pa,rt 423) The same regulations set forth
criteria, for the national standards of performance as re-
quired by Section 306 of the Act (33 USCA 51316) which spe-
cifically designates steam-electric power plants as a source
for which standards shall be promulgated. Any new source,
the construction of which is now proposed/ will be subject
to these national standards of performance which must reflect
the greatest degree of effluent reduction which the Adminis-
trator determines to be achievable through application of
the best available demonstrated control technology, including
where practicable, a standard permitting no discharge of
pollutants.
Section 303 of the Act (33 U.S.C. §1313) requires
the states to establish water quality standards and to make
a calculation of the total maximum daily loads for pollutants.
Such loads shall be established at a level necessary to achieve
the applicable water quality standards. Such maximum daily
load is then allocated among dischargers, and such allocation
could affect source point dischargers such as an electric
generating plant. Therefore, not only are the national
effluent limitations a constraint upon discharge, but so are
waste load allocations which may be more stringent. Section
316 of the Act (33 U.S.C. §1326) which regulates thermal dis-
charges requires that the effluent limitations established
under Section 301 and Section 306 as well as the water quality
standards under Section 303, control thermal discharges.
Thermal discharge limits of general applicability
are controlled by regulation (40 CFR Part 122), and thermal
discharge requirements for electric generating plants specifi-
cally are regulated.(40 CFR §§423.13(1) and 423.25(1))
Requirements for cooling water intake structures are also
regulated. (40 CFR Part 402)
The National Pollution Discharge Elimination System
(NPDES) as established in Section 402 of the Act (33 USC
§1342) requires that point source dischargers have a permit
issued either by the states to whom the U.S. EPA may delegate
its authority for issuance of such permits, or by the U.S.
EPA itself. (40 CFR Parts 124 and 125) The National Effluent
Limitations Standards or the more stringent water quality
effluent, limitation standards become part of the permit.
Section 208 of the Act (33 USC §1288) provides for
areawide water quality management. All point source dis-
chargers within the area of the plan are subject to the terms
of the plan. For the most part, the plan will reflect the
national Effluent Limitations Standards or the Water Quality
Limitations Standards if more stringent. The plan, tied to-
gether with the waste load allocations necessary to meet
ambient water qualities standards can impact the siting and
location of electric generation facilities. (40 CFR Parts 130
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and 131} Areawide planning is required for all parts of a
state and is not limited to the industrial-urban areas. Once
the plans are approved by U.S. EPA, any permits issued in
connection with point source dischargers within the area of
the plan must comply with the plan.
4.4 Nuclear
The siting, construction, and operation of nuclear
generating plants is very closely regulated by the Nuclear
Regulatory Commission (NRC). The NRC has promulgated regu-
lations with respect to the siting of reactors. (42 USCA §§
2133, 2134, 2201, 2272, and 5842; 10 CFR Part 100) These
regulations describe criteria which guide the commission in
its evaluation of suitability of proposed sites for sationary
power reactors.
The extensive control of NRC to regulate the activities
is further exemplified by regulations regarding standards for
protection against radiation (10 CFR Part 20); licensing of
by-products of materials (10 CFR Part 30); and control of
source materials. (10 CFR Part 40)
The NRC also has the basic licensing authority for
nuclear facilities. (42 USC §§2133 et seq., 2201, 2232, 2233,
2236, & 2273) The NRC has promulgated regulations with
respect to such licensing. (40 CFR Parts 50 and 51) Pursuant
to its general authority, the NRC has also promulgated regu-
lations with respect to operators licenses. (40 USCA §
2201; 10 CFR Part 55)
To take full advantage of the capabilities of the
NRC and the Army Corps of Engineers, these agencies work in
tandem with regard to the siting and licensing of nuclear
plants on navigable waters (see Memorandum of Understanding;
40 F.R. §7110). A similar arrangement has been worked out
with U.S. EPA. (40 FR §0115)
Part 4.4.1 Nuclear Waste
The regulation of waste from nuclear generation plants,
as in the case of nuclear material processing, is quite exten-
sive. The many provisions of the Atomic Energy Act of 1954 as
amended in the Energy Reorganization Act of 1974 include the
following (all from 42 USCA):
(1) §§2133 and 2134 Require coal limit licenses.
(2) §2201 Lists the general authority and duties of
the Administrator.
(3) §§2231-42 Pertain to the Judicial Review and
Administration Procedures of Licensing.
(4) §§2272 & 3 Pertain to National status, rules
and orders.
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(5) §5843 Establishes the official Nuclear Reactor
Regulations
C6) §5842 Specifically adds new demonstration pro-
jects and storage facilities to NRG juris-
diction.
The regulations with respect to licensing of production and
utilization facilities make specific provisions for the con-
trol and regulation of waste materials. (10 CFR Part 50)
As an example, technical information contained in the appli-
cation for a license must set forth design objectives for
equipment to control releases of radioactive material in
effluents from nuclear power reactors. (10 CFR S5034A) The
license application must also include technical specifica-
tions on effluents from the nuclear power reactor (10 CFR
§50.36A). As another example, Appendix I of the regulation
(10 CFR Part 50) sets forth numerical guides for design
objectives and limiting conditions for operation to meet the
criterion for radio active material in light water-cooled
nuclear power reactor effluents.
Appendix F of the same regulation (10 CFR Part 50)
set out a policy relating to the siting of fuel reprocessing
plants and related waste management facilities.
4.5 Hydroelectric Generation
It appears highly unlikely that there will be any
government development of hydroelectric generation plants in
the ORBES region. • The establishment of a government authority
such as the Tennessee Valley Authority does not appear likely.
There are, however, federal statutes which authorize such
branches of the government as the Army Corps of Engineers and
the Bureau of Reclamation of the Department of Interior to
operate hydroelectric power generation facilities. (43 USCA
§§390-616) These, for the most part, have been limited to
areas west of the Mississippi with a concentration in the
northwe;st.
The Federal Power Commission is authorized to regu-
late and license privately owned hydroelectric plants. (16
USCA §§791(a) et seq.) Regulations setting forth the general
purposes of the Commission, its licensing authorities, and
procedures for issuing licenses for the private development
of hydroelectric facilities had been promulgated by the
Federal Power Commission. (18 CFR Parts 2, 4, & 8)
There are numerous other provisions of the Federal
Power Act as well as other statutes affecting the siting,.
construction, and operation of hydroelectric facilities. As
an example, the Federal Power Commission may require the
construction of locks for navigational purposes or may require
conveyance of land to the United States for their construc-
tion. (16 USCA §804)
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Miscellaneous provisions are also applicable to
hydroelectric facilities. These include provisions that, in
enhancing regional economic development, the quality of the
total environment including its protection and improvement,
are objectives to be included in the federally financed water
resource projects. (42 USCA §1962-2) In the evaluation of
benefits and costs attributable to such projects, due consid-
eration must be given to feasible alternative means of
accomplishing these objectives. It is also provided that all
examinations and surveys of flood control projects shall in-
clude a comprehensive study of the possible economic develop-
ment and utilization of water power. (33 USCA §701)
5.0 Transmission of Electrical Energy
For the most part, federal statutes and regulations
with respect to the transmission of electrical energy are
confined to rights-of-way and transmission lines across
federal lands.
The head of a department having jurisdiction over
public lands may grant rights-of-way for transmission lines.
(16 USCA §5) Express provisions are made for rights-of-way
for transmission lines over military reservations. (16
USCA §§420; 32 CFR Part 552) Rights-of-way over Department
of Agriculture lands and rights-of-way over national forest
lands are specifically authorized. (16 USCA §§522 and 523)
The Federal Power Act (16 USCA §§791(a) & 824 et seq.) ex-
pressly provides the Federal Power Commission (FPC) with
regulatory authority over transmission and sale of electric
power. (18 CFR Parts 4-50) This Act provides the FPC with
jurisdiction over wholesale rates for the sale of electricity
in interstate commerce. (16 USCA §§824-842(h)) Despite this
broad potential, the FPC has limited itself to economic
considerations, and its rate-making regulations do not take
environmental impact into consideration. (18 CFR Part 35)
The FPC's NEPA regulations also fail to mention rate schedules,
(18 CFR §§2.80 et seq.)
With respect to nuclear power, all NRC licensees are
subject to the Federal Power Commission transmission regula-
tions. (42 USCA §2019; 18 CFR Parts 4-50) The sale of energy
produced at federal facilities is also regulated. (42 USCA
§2064) In particular, the sale of energy from the Portsmouth,
Ohio, and Paducah, Kentucky, facilities is regulated. (42
USCA §2204) Rights-of-way for transmission lines over lands
under the jurisdiction or control of the NRC are also regu-
lated. (42 USCA §2201(q)
Other agencies having authority to grant rights-of-
way include the Attorney General over land under his control
(43 USCA §931) and the Secretary of the Interior over Depart-
ment of Interior lands. (43 USCA §§957 & 959)
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6.Q CONSUMPTION/CONSERVATION
Traditionally the public consumption of power has
not been regulated by the federal government. In recent years
agencies such as the U.S. Environmental Protection Agency (42
U.S.C. §51857(b), 1857 (b-D) and the National Science Founda-
tion (42 U.S.C. §51861-1881) have been granted research
authority to explore methods of reducing energy demands.
Since 1973, several temporary, energency measures
have been enacted. The Emergency Petroleum Allocation Act of
1973 (Pub. L. 93-159; 5 U.S.C. 5§552 et seq.) gave the Presi-
dent temporary authority to allocate supplies of crude oil
and petroleum products. The Emergency Natural Gas Act of
1977 (Pub. L. 95-2) authorized the President to order emer-
gency deliveries of natural gas and also gave him other re-
lated powers.
In 1974 the Federal Energy Administration (FEA) was
created to coordinate the federal regulation of fossil fuels.
These duties include both conservation and developmental
functions as well as present supply allocation. Until then,
FEA allocations and regulations are in effect. (10 CFR
Part 211 et seq.)
Also formed in 1974, the Energy Research and Develop-
ment Administration (ERDA) is the central agency responsible
for development of energy resources of all kinds. ERDA also
contributes -to the development of energy conservation stra-
tegies. (42 U.S.C. §52201 et seq.; 5811 et seq.; 10 CFR
Parts 703 et seq.)
The Federal Nonnuclear Energy Research and Develop-
ment Act of 1974 (42 U.S.C. §§5901 et seq.) authorized ERDA
to conduct an environmental and safety research, development/
and demonstration program related to fossil fuels. Energy
conservation, environmental and social consequences, and in-
exhaustible and renewable resources are to be stressed.
(42 U.S.C. §5904) This research and development is to use a
combination of public and private resources including forma-
tion of joint federal-industry corporations. (42 U.S.C.
§5906)
Direct federal action to control consumption of
energy for more than temporary periods has only recently been
established.
Late in 1975, Congress passed the Energy Policy and
Conservcition Act. (42 U.S.C. §§6201 et seq.) The purposes
of the Act. are (among others) :
"to grant specific standby authority to the President,
...to impose rationing, to reduce demand for energy through
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the Implementation of energy conservation plans... to conserve
energy supplies through energy conservation progrcuns and...the
regulation of certain energy uses...and to reduce demand for
petroleum products and natural gas through programs designed
to provide greater availability and use of...coal resources.
The Act expands the functions of the Federal Energy
Administration. Part A of Subchapter I of the Act provides
for loan guarantees, export restrictions and other means to
assure adequate production of fossil fuels. (42 USCA §§6211-
6214) Part B establishes a strategic fossil fuel reserve.
(42 USCA §§6231-6246)
Subchapter II (42 U.S.C. §§6261-6275) requires the
executive office to develop energy conservation contingency
plans (non-rationing) which could go into effect for not more
than 60 days when needed. Section 6263 provides for "a
rationing contingency plan "to carry out in the future the
functions authorized under the Emergency Petroleum Allocation
Act of 1973.
Subchapter III, Part A, (42 U.S.C. §§6291-6363),
creates an energy conservation program setting standards of
performance and labeling for consumer products other than
automobiles. Part B (42 U.S.C. §§6321-6327) provides federal
funds to assist states which choose to adopt energy conserva-
tion plans. To be eligible for financial assistance, states
must include, among other provisions, mandatory lighting and
thermal efficiency standards and state procurement practices
which involve energy-efficiency considerations. States may
also receive assistance for standby plans to regulate public
and private consumption of energy during severe energy supply
interruptions. (10 C.F.R. Part 420)
Part C of Subchapter II establishes an industrial
energy conservation program. The FEA is to monitor large
energy users in major industries and establish goals for
energy efficiency improvement. (42 USC §6344) "No liability
shall attach, and no civil or criminal penalties may be im-
posed for any failure to meet any industrial energy efficiency
improvement target established under Section 6344 of this title.
Part D addresses federal procurement policies and
use of energy in federal buildings. (42 U.S.C. §6361) More
important are the provisions of §6362 which requires the Civil
Aeronautics Board, Federal Aviation Administration, Federal
Maritime Commission, Interstate Commerce Commission, and the
Federal Power Commission to:
(1) Propose programs for at least a 10% reduction
in energy consumption by persons regulated;
(2) To report on any law which has the effect of
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permitting the inefficient use of energy; and
(3) To include in any major regulatory action an
energy impact statement.
There is a significant exception, however, in that the energy
impact requirement shall not apply to any authority designed
to protect the public health or safety. (42 U.S.C. §6362 (c))
Among other things, Subchapter IV authorizes the
Comptroller General to verify energy information submitted
to relevant agencies as a cross-check on such data and author-
ize the President to transfer the functions of the FEA to
another agency after the termination of the FEA. (42 U.S.C.
§§6381-6422)
In 1976 Congress expanded the involvement of the
federal government in the area of consumption of energy by
passing the Energy Conservation and Production Act. (42
U.S.C. §6801 et seq.) This Act addresses electric rate
designs and building conservation standards. It also pro-
vides assistance and loan guarantees for the upgrading of
existing buildings' energy efficiency.
Federal involvement in the area of energy consump-
tion now falls into the catagories of rate structure, tax
structure, building codes, direct consumption regulation,
and other miscellaneous provisions.
6.1 Rate Structure
FEA is required to develop proposals to improve elec-
tric utility rate design. Such proposals must be designed to
"encourage energy conservation, minimize the need for new
electrical generating capacity, and minimize costs to consu-
mers ... including the implementation of:
(1) Load management techniques which are cost
effective;
(2) Rates which reflect marginal cost of service,
or time of use of service, or both;
(3) Ratemaking policies which discourage inefficient
use of fuel and encourage electric utility
system reliability..." (42 USCA §6803)
These proposals are to be presented to Congress. The FEA
may also present such proposals as intervenors before state
utility regulatory commissions on the request of a state,
commission, or participant in any proceeding or action for
judicial review which relate to electric utility rates or
rate design.
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The FEA may also fund demonstration projects and
rate reform initiatives. (42 U.S.C. 56804)
The FEA may make grants for state offices of consu-
mer services which represent similar concerns before state
regulatory bodies or the Tennessee Valley Authority. (42
U.S.C. §6805)
The Federal Power Commission may be required to
include conservation as an element of its ratesetting author-
ity for wholesale interstate sales of electricity, and perhaps,
though less likely, its gas-price regulations. (42 USCA §
6362)
6.2 Tax Structure
There appears to be little, if any, direct federal
taxation of energy use which would result in conservation.
In fact, taxation is expressly forbidden from inclusion in
the federal energy conservation or rationing contingency
plans. (42 U.S.C. §§6262(a)(2) & 6263 (e))
Possible preferential income tax treatment of energy
conservation measures or pollution control measures are a
means of encouraging utilization of such measures. These are
not, however, included in this report.
6.3 Building Codes
The Energy Conservation and Production Act directs
the Secretary of Housing and Urban Development, in consulta-
tion with the FEA and Secretary of Commerce, to develop pro-
posed performance standards for new commercial and residential
buildings which will be constructed with federal financial
assistance such as loans, grants, guarantees, insurance or
subsidy (other than revenue sharing or formula grants to
states). (42 U.S.C.A. §§6831-6840)
Provisions of this Act also apply to existing struc-
tures. Grants may be made to low-income persons and Indian
tribes for weatherizing insulation. (42 USCA §§6863-6872)
The Act also provides for federal guarantees of
loans secured to pay for energy conservation measures or
renewable resource measures (such as solar heating) in exist-
ing buildings or industrial plants (except residential build-
ings containing less than 3 dwelling units). (42 USCA §6881)
6.4 Use Regulations
The Emergency Petroleum Allocation Act of 1973
(5 U.S.C. §§552 et seq.) provides for FEA allocation of petro-
leum products (See above §6.0; 10 CFR Part 210-211)
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The Energy Supply and Environmental Coordination Act
of 1974 (Pub. L. 93-319, amending the Clean Air Act, 42 U.S.C,
1857 et seq.) provides for the allocation of coal by FEA
regulation and the related prohibition of the use of petro«
leum or natural gas in certain instances (power plants, etc.)
in consultation with EPA (10 CFR Part 309)
6.5 Qtheraspects of federal regulation of energy
consumption are set forth in introductory paragraph 6.0.
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B. ILLINOIS
1.0 Extraction Raw Materials
The Department of Mines and Minerals is the main coal
mining and minerals regulator in the state.1 It has the responsi-
bility for the administration of the Coal Mining Act of 1953.^
It also has the responsibility for administration of the "Surface
Mined Land Conservation and Reclamation Act."3 it is also re-
sponsible for the "Abandoned Mined Lands Reclamation Act.^ Other
jurisdictions in this area are indicated below.
1.1.1 Strip Mining
In addition to the DMM an Advisory Council on Reclama
tion, consisting of 7 members appointed by the Governor/ shall
advise and comment to the Land Reclamation Division of the DMM.
1.1.2 Deep Mining
All regulations and rules that pertain to mine loca-
tion, excavation specifications, and safety factors are the en-
forcement and monitoring domain of DMM.5 Under rules written by
the mining board, operators must obtain certification from
the DMM.
1.1.3 Waste Disposal
The Pollution Control Board sets standards for waste
disposal or other actions that effect environmental quality in
the state. The Environmental Protection Agency has the duty to
monitor and enforce the scope of standards set by the PCS.7 The
EPA may approve district disposal sites under the "Solid Waste
Disposal District Act."8 The "Surface Mined Reclamation Act"
also requires plans for disposal of wastes in conformance with
other state regulations.
1.2 Gas and Oil
The Department of Mines and Minerals and the Mining
Board have broad jurisdiction over the extraction of gas/ oil,
and other petroleum products both from private and public lands.±(
1.3 Water
On all matters pertaining to water pollution in the
state, the Pollution Control Board is the policy body which sets
standards and rules." The Environmental Protection Agency has
the duty to enforce rules and regulations and to administer the
the state's pollution control program on water and other media.
Local water authorities also have the duty and the power to make
rules and regulations that affect the access and supply of local
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water resources.
2.0 Transportation of Raw Materials and Converted
Fuels
The Illinois Commerce Commission is the agency of
general jurisdiction of all movement by commercial motor
carriers in the state. ^
2.1.1 Truck
2.1.2 Rail
The ICC maintains general jurisdiction. '
2.1.3 Barge
In addition to the ICC, the Department of Conserva-
tion has the authority to govern water surface traffic as well
as the occasional shore constructions required by the same.-"-'
The Pollution Control Board maintains the general authority
over actions of any type that can cause environmental degrada-
tion is in their jurisdiction. °
2.1.4 Pipeline
Although the ICC is the agency of general authority
in this area the state highway authorities maintain the integ-
rity of their roads and rights-of-way.^ Any modifications
of highway facilities are the domain of those highway author-
ities in cases where pipeline construction is involved. A
permit is required from the highway jurisdiction in such cases.
2.2 Hazardous^ materials - nonnuclear
The Illinois Commerce Commission holds general juris-
diction overall transport in the state. However, the Depart-
ment of Mines and Minerals, the Department of Public Health,
and the Department of Transportation hold specific jurisdictions
that are outlined in Part IV of this report under the same head-
ings.20,21,22
2.3 Hazardous materials - nuclear
3.0 Raw material conversion - all fuels
4.0 Generation of electrical energy - all fuels
The Pollution Control Board, the Environmental Pro-
tection Agency, and the Illinois Commerce Commission maintain
their authorities in this area.^3t24
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5.Q Transmission of electrical energy
Beside the standard authority of the ICC and the PCB
the Department of Conservation makes determinations about trans-
mission right-of-way on public lands.25
6.0 Conservation/Consumption by Consumer
For a discussion of the FEA program for states in
conservation in which Illinois is participating, see the Bureau
of National Affairs publication, Energy Management, Part 420,
15301.
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REFERENCES
1. rilinois Ann. St. Ch. 93 §1.11
2. Ch. 93 §1.01
3. Ch. 93 §201 et seq.
4. Ch. 93 §251, §253(c)
5. Ch. 93 §1.01
6. Ch. 111% §1005
7. Ch. 111% §1004, §1045
8. Ch. 85 §1651
9. Ch. 93 §201 et seq.
10. Ch., 104 generally
11. Ch.. 111% §1005
12. Ch. 111% §1004
13. Ch. 11-2/3 §227
14. Ch. 95% §18-100
15. Ch. 95% §18-201 — 313 (Act 111)
16. Ch. 111-2/3 §52
17. Ch. 95% §311-3
18. Ch. 111% §1039, §1048(a)Cb)
19. Ch. 121 §9-113
20. Ch. 93 §151
21. Ch. 111% §§211 et seq., 252 et seq.
22. Ch. 95% §704.1
23. Ch. 111% §1 et seq.
24. Ch. 111% §1025 (a.), §1039
25. Ch. 127 §63a7
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C. INDIANA
1.0 Extraction of Raw Materials
1.1 Coal
The extraction or mining of coal in Indiana, espe-
cially surface mining, is closely regulated. Surface mining
operations commenced prior to January 1, 1968, are governed
by a 1941 statute as amended regulating strip mining and
requiring permits. (1C 1971, Ch. 14-4-2) The Department of
Natural Resources (DNR) is charged with the responsibility
of administering the law and is given authority to promul-
gate regulations. (1C 1971, §§14-4-2-2 and 12; Burns Ind.
Admin. Rules and Regulations, Ch. 14-4-2)
For surface mining operations commenced after Jan-
uary 1, 1968, a strip mining reclamation act passed in 1967
governs most situations. (1C 1971, Ch. 13-4-6) The Natural
Resources Commission which operates with the staff of the
DNR has the basic permit authority. (1C 1971, §13-4-6-5)
The director of the DNR has the responsibility to enforce
the law and regulations including enforcement of the terms
of permits. (1C 1971, §13-4-6-4) Among matters required of
an operation of surface mining operations are grading speci-
fications, revegetation, prevention of erosion, etc.
Shaft mining is regulated primarily for safety
reasons by the Department of Mines and Mining established
under the Mining Act of 1955. (1C 1971, chs. 22-10-1 through
11) Lands disturbed by either surface mining or shaft min-
ing may be the subject of reclamation by the state. (1C 1971,
ch. 14-4-2.1) In such instances, the state may condemn the
land and, after reclamation, devote it to public purposes*
Coal mining operations are also subject to water
pollution control regulation by the Stream Pollution Control
Board. (1C 1971, chs. 13-1-3; §13-7-2-10) Surface mines and
shaft mines which discharge waste waters into streams or
lakes will be regulated as point source dischargers under
Indiana law. Since Indiana has been delegated the material
pollution discharge elimination system (NPDES) permit
authority by the U.S. EPA, Indiana has adopted extensive
regulations regarding such procedure. (SPC-15; Burns Ind.
Admin. Rules and Regulations (13-7-10-3) - 1 et seq. Effluent
limitation standards are, for the most part, the same as
those promulgated by the U.S. EPA. (40 C.F.R. Part 434)
Surface mining operations and shaft mining operations are
also subject to nonpoint source controls to prevent acid
mine drainage. These controls — described as "best man-
agement practices" — will be incorporated in areawide
planning for water quality. Indiana also has statutes to
control (i) coal dust which might escape and find its way
into surface waters (1C 1971, §§22-10-8-1 and 2; 22-10-13-2)
and (ii) pollution from test holes used in mining exploration.
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(1C 1971, ch. 13-4-5)
Air pollution from mining operations is regulated by
the Air Pollution Control Board*(1C 1971, ch. 13-1-1; §13-7-2-10)
Fugitive dust regulations promulgated by the APCB are
applicable. (Burns Ind. Admin. Rules & Regs. (13-1-1-4)-30)
Unless some processing takes place at the extraction site
(covered in Part 3.1 below), there is little likelihood of air
pollution problems that would be subject to regulation^
1.2 Natural Gas and Oil
As in the case of coal, the extraction of natural gas
and oil is regulated by the state. In order to protect the
supply of gas and oil and to aid in its orderly development as
a naturcil resource, there was created an Oil and Gas Division
within the DNR. (1C 1971, ch. 13-4-7) The Division has pro-
mulgated regulations and established permit procedures for drill-
ing, waste disposal and related operations. (Burns Ind. Admin.
Rules and Regulations ch. 46-17) Disposal of waste liquids into
stream, lake or water course within the state is subject to
Stream Pollution Control Board regulation. (1C 1971, §13-4-7-12)
1.3 Water
Indiana has declared that water in any natural stream,
lake or body of water which may be applied to any useful and
beneficial purpose to be a natural resource and public water of
the state subject to control and/or regulation for the public
welfare by the legislature. (1C 1971, §§13-2-1-2 and 8) Ground
water resources are also subject to protection and restricted
use areas may be designated where withdrawal exceeds or threatens
to exceed natural replenishment. (1C 1971, §13—2-2-2 and 3)
Streams may also be designated as navigable and thereby subject
to certain restrictions concerning impediments to navigation.
(1C 1971, ch. 13-2-4) There is also extensive legislation to
protect and preserve fresh water lakes in the state. (1C 1971,
chs. 13-2-11 through 18) The Natural Resources Commission and
the DNR have primary responsibility to implement these statutes.
2.0 Transportation of Raw Materials and Converted
(Process-) Fuels
2.1 Non-Hazardous Materials
The regulation of the transportation of non-hazardous
materials by truck, rail, barge or pipeline is, for the most
part, by the Public Service Commission. The regulation of
the transportation of non-hazardous materials utilized in the
electrical energy generation process. There are, in other
words, no specific statutes or regulations directed to regulat-
ing only the transportation of such materials. Such matters as
the licensing or granting permits to common carriers and contract
III-E-137
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carriers will apply as well as extensive safety regulations
applicable to such carriers.
2.2 Hazardous Materials — Nonnuclear
Except for safety regulations, there is little regula-
tion by the state of hazardous materials. There appears to be
nothing unique about such regulation as it applies to the trans-
portation step in the energy conversion process. Much of this
is regulated by the federal government as it involves inter-
state commerce.
One example of specific legislation involving energy
conversion processes is the statute governing gas pipeline
safety. (1C 1971, ch. 8-1-22.5)
2.3 Hazardous Materials — Nuclear
The transportation of nuclear materials is largely
regulated by the federal government. Indiana does, however,
have statutory provisions which authorize the regulation of
radiation by the Board of Health (1C 1971, ch. 13-1-2) and
atomic radiation by the Environmental Management Board. (1C
1971, ch. 13-7-9) The latter applies to nuclear power gen-
erating facilities or nuclear fuel reprocessing plants and
will be noted in part 4.4 below.
3.0 Raw Material Conversion
3.1 Coal
Coal conversion processes are not subject to special
regulation in Indiana. As major industrial installations,
such plants would, however, be subject to air and water pollu-
tion control regulation, and to regulations on the disposal
of solid wastes.
Since such plants would generate air pollutants, the
provisions of the state implementation plans (SIP) would be
applicable to ensure the maintenance of ambient air standards.
The Air Pollution Control Board (APCB) has primary authority
to regulate air pollution matters. (1C 1971, ch. 13-1-1 and
§13-7-2-10) The APCB has promulgated extensive regulations
including the regulation of stationary sources. (1C 1971,
§13-7-10-1; APC 19, Burns Ind. Admin. Rules and Regulations
(13-7-10-1)-21 et seq.) Air quality maintenance regions have
been designated (APC-22, Burns Ind. Admin. Rules and Regula-
tions (13-1-1-4)-19), ambient air standards established (APC-8,
Burns Ind. Admin. Rules and Regulations (13-1-1-4)-4, and
emission limitations for sulfur dioxides, nitrogen oxides
and particulate matter. (APC 13, Burns Ind. Admin. Rules and
Regulations (13-1-1-4)-17; APC 4-R, Burns Ind. Admin. Rules &
Regs. (13-1-4)-4
As a point source for water pollution, such conver-
sion facilities would be subject to regulation by the Stream
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Pollution Control Board (SPCB). (1C 1971, ch. 13-1-3; §13-7-
2-10). The SPCB has established stream quality standards
(SPC 1R-3) and, in implementing the national pollution dis-
charge elimination system (NPDES) permit procedures, it en-
forces the national effluent limitation standards. (SPC-15;
Burns Ind. Admin. Rules & Regs.(13-7-10-3)-2 et seq.)
«••
3.2 Oil
The refining or conversion of crude oil to fuel oil
is regulated as any other industry. Such conversion processes
are subject to air pollution control and water pollution con-
trol regulations as reviewed generally in the preceding part
3.1. With respect to air pollution, the APCB has promulgated
some regulations identifying air pollutants which may emanate
from refineries. These include restrictions on hydrocarbon
emissions (APC-15, Burns Ind. Admin. Rules & Regs. (13-1-1-4)
-15) as well as sulfur dioxide, carbon monoxide and sulfur
oxide emissions noted in part 3.1. Ambient air quality stan-
dards for certain air pollutants including hydrocarbons and
photochemical oxidents have also been established. (APC 14,
Burns Ind. Admin. Rules & Regs. (13-1-1-4)-14).
3.3 Gas
The processing of natural gas is treated like any
other industrial process and is subject to the general air
and water pollution control measures. For the most part,
regulations and controls on extraction are the more import-
ant and were discussed in part 1.2.
3.4 Nuclear
In addition to the extensive and pervasive control
of nuclear fuel processing by the federal government, Indiana
has some statutory authority which authorizes the Environ-
mental Management Board (EMB) to regulate atomic radiation.
(1C 1971, Ch. 13-7-9). This statute applies to the construc-
tion and operation of a nuclear powered generating facility
or nuclear fuel reprocessing plant. (1C 1971, § 13-7-9-1) --
For the most part, however, the EMB has deferred to federal
authorities and their expertise although the EMB must issue
a permit for such plants. The earlier Radiation Control Act
of 1959 would appear to provide a further basis for the regu-
lation of nuclear processing facilities. (1C 1971, Ch. 13-1-2)
By regulation promulgated by the State Board of Health, how-
ever, any U.S. Atomic Energy Commission (now Energy Research
Development Administration) contractor or subcontractor is
exempt from regulations concerning the processing and manu-
facturing of nuclear fuels. (HRH-1, Burns Ind. Admin. Rules
& Regs. (13-1-2-11)-!) As a result, Indiana relies almost
entirely on federal agencies to control and regulate nuclear
fuel processing.
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4.0 Generation of Electrical Energy
4.1 Coal
In Indiana, the generation of electrical energy
from coal is subject to many regulations and controls. The
process is not, however, subject to a centralized or coor-
dinated regulatory, system. To the contrary, the regulatory
authorities and controls are spread among several agencies
which makes coordination difficult.
As a large user of water, such conversion facility
may come under regulation by the Department of Natural Re-
sources (DNR) for removal and use of surface or ground waters.
As noted earlier in part 1.3, the surface waters and ground
waters of the state have been declared to be public resources
and withdrawal may be restricted. (See Part 1.3 above.) The
withdrawal of large amounts of water may also be affected by
the private riparian rights of other persons owning land
abutting the stream or lake. Such owners are deemed to have
property rights in the quantity and quality of water in the
stream or lake for their reasonable uses.
In most instances, such generation facilities will
be point source dischargers into receiving streams or other
bodies of water. As such, they are subject to control and
regulation by the Stream Pollution Control Board (SPCB).
(1C 1971, Ch. 13-1-3; §13-7-2-10) (See also general discus-
sion in Part 3.1.) Extensive state and federal regulations
are enforced by the SPCB including national effluent limita-
tion standards, maintenance of water quality standards, and
pretreatment standards when discharges are made into publicly
owned treatment works. (SPC-15, pt. 3, §16; Burns Ind. Admin.
Rules & Regs. (13-7-10-3)-17) An extensive permit system —
the national pollution discharge elimination system (NPDES)
permits — which has been delegated by the U.S. EPA to Indiana
(SPCB) applies to these facilities. (See generally SPC-15;
Burns Ind. Admin. Rules & Regs. (13-7-10-3)-2 et seq.)
Thermal as well as other more easily recognized pollutants
are limited by these effluent limitation standards and are
subject to Indiana law. (1C 1971, §13-7-1-2(13))
The generation facility will, of course, be a
source of air pollution and come under the regulation of
the Air Pollution Control Board (APCB). (1C 1971, Ch. 13-1-1
& §13-7-2-10) Specific regulations which have the most im-
pact include emission standards for sulfur dioxide and par-
ticulates, new source performance standards, ambient air
quality standards and the state implementation plan for the
area involved. (Burns Ind. Admin. Rules & Regs. (13-1-1-4)-
25, 9, 10, 11, 8 & 31)
To the extent that dams, intake facilities and
similar structures would impede the navigability of a stream
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or lake, permission of the DNR is required. (See generally
1C 1971, Art. 13-2.) (The Army Corps of Engineers may also
become involved as noted in Part 4.0 of the Part A, Federal,
above.) As noted in Part 1.3 above, extraction of water
may come under regulation by the DNR.
4.1.1 Coal — Waste Disposal
To the extent that the generation facility pro-
duces solid wastes such as sludge from precipitators, its
disposal may be regulated by the SPCB. (1C 1971, §§13-7-2-10,
13-7-4-1, 13-7-6-1; SPC-18 (Burns Ind. Admin. Rules & Regs.
(13-7-10-1)-58 et seq.) The purpose of such regulations
are to protect surface and ground waters from leachates
from landfill disposal sites.
4.2 Oil
The generation of electrical energy from oil is
little used in Indiana, and its regulation, except for
possible fuel allocations, will be no different from other
non-nuclear generation facilities. Air and water pollution
control measures are applicable. (See generally discussion
at part 3.2 above.)
4.3 Gas
The same applies to gas as to oil used in the gen-
eration process. (See generally discussion at part 3.3 above.)
4.4 Nuclear
As in the case of processing of nuclear fuels, the
federal regulation of nuclear generation facilities nearly
pre-empts the field. As noted in Part 3.4 above, the State
of Indiana has statutory authority to regulate the generation
of electrical energy from nuclear fuels, but has deferred for
the most part to federal regulation and expertise. (See
Part 3.4 above.)
4.5 Hydroelectric
To the extent that obstructions of streams or
creating reservoirs are involved in hydroelectric genera-
tion, the DNR may become involved. Such dams, dikes or
levees must be maintained to protect life and property in
conformance with accepted engineering principles. (1C 1971,
Ch. 13-2-20) The state has authority to construct reser-
voirs for water supply storage to be used for many purposes
including power. (1C 1971, Ch. 13-2-9) For the most part,
however, the Army Corps of Engineers will have jurisdiction
over streams large enough to support a hydroelectric facil-
ity. (See Part 4.5 under Federal above.)
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5.0 Transmission of: Electrical Energy
The transmission of electrical energy by high vol-
tage transmission lines is made possible, since, under Indiana
law, public utility companies have been delegated the power
of eminent domain. (1C 1971, Chs. 8-1-8 & 32-11-3} There
is no requirement that the location of transmission lines be
approved by a state agency, although numerous state agencies
may become involved as the result of the transmission lines
crossing properties over which they have jurisdiction. While
utility companies are authorized to construct transmission
lines across public roads and highways outside of cities and
incorporated towns, such lines may not interfere with the
public's use of the highway. (1C 1971, §8-20-1-28) The Pub-
lic Service Commission has promulgated regulations relating
the siting and construction of electric supply lines. (Burns
Ind. Admin. Rules & Regs. (8-1-2-4)-Bl et seq.) The same
Commission has jurisdiction over the regulation of trans-
mission lines over railroad tracks (1C 1971, Ch. 8-1-11)
6.0 Consumption/Conservation by Consumer
At the current time there are few, if any, enforce-
able measures at the state level in Indiana to encourage or
require conservation of electrical energy. Some voluntary
measures have been undertaken at the behest of the Governor's
office.
As is the case in many other states, the wasting
of oil and gas in the extraction process is prohibited.
(1C 1971, §13-4-7-8; DNR Oil and Gas Operations, Rule 2;
Burns Ind. Admin. Rules & Regs. (13-4-7-8)-! et seq.)
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D. KENTUCKY
1.0 Extraction of Raw Materials
There are two agencies in the Commonwealth that are
the main regulators as they relate to extraction of raw
materials. The Department of Natural Resources and Environ-
mental Protection and the Department of Mines and Minerals is
the other. The DNREP has the authority to govern all aspects
of raw materials that effect the quality of the water, air,
of land surfaces of Kentucky.1 The DMM has authority over
all other aspects of extraction including mine operation and
certification, safety standards, shaft construction, process
utilization, etc. Other agencies of the state government
are only peripherally involved in occasional ways in com-
parison to DNREP and DMM.
1.1 Coal
The DNREP has authority, after public hearing, to
adopt reasonable regulations in order to formulate and
establish effective control over surface and soil disturb-
ance in connection with mining.3 The Commissioner of Mines
and Minerals is empowered to establish, maintain, and organ-
ize inspection districts, employ inspectors, collect statis-
tics and records, provide general supervision, prescribe
safety regulations, and to adopt, rescind, or amend rules,
regulations and standards in the governance of the provisions
of the KRS mining statute.
1.1.1 Strip Mining
The DNREP is the agency of jurisdiction over en-
vironmental matters relating to reclamation, restoration,
and other qualitative aspects occasioned by stripping coal.
The DMM is the agency of jurisdiction for all regulatory,
standards, rules, safety and quantity considerations relat-
ing to any mining activity.
1.1.2 Deep Mining
The DMM is the agency of general jurisdiction for
all shaft operations, regulations, standards, rules, and
safety thereof.
1.1.3 Waste Disposal
The Department of Health in the State Board of
Health has jurisdiction over all putrescible and non-
putrescible refuse in solid form. Solid wastes include
but are not limited to garbage, rubbish, ashes, incinerator
residue, street refuse, dead animals, demolition wastes,
construction wastes, solid commercial and industrial
wastes, and special wastes including explosives, pathological
wastes, and radioactive material.
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1.2 Natural Gas and Oil
The Department of Mines and Minerals is the cogni-
zant agency for gas and oil extraction; the Kentucky Oil
and Gas Conservation Commission is the regulator and admin-
istrator for the following statutes:
KRS Ch. 353.651. Deep wells—Establishment and
regulation of drilling units—Pooling of interests—
Exceptions.—The following provisions of this section
shall apply to any deep well:
(1) Drilling units:
(a) The commission shall, after notice and a
hearing, regulate the drilling and location of wells
in any pool and the production therefrom so as to pre-
vent reasonably avoidable net drainage from each de-
veloped unit (that is, drainage which is not equalized
by counterdrainage) so that each owner in a pool
shall have the right and opportunity to recover his
fair and equitable share of the recoverable oil and
gas in such pool.
(b) For the prevention of waste, to protect
and enforce the correlative rights of the owners in
a pool, and to avoid the augmenting and accumulation
of risks arising from the drilling of an excessive
number of wells, the commission shall, after notice
and a hearing, establish drilling units for each pool.
The spacing of wells in proved oil and gas fields
shall be governed by special rules for that particu-
lar field adopted after notice and hearing. Wells
drilled in areas not covered by special field rules
shall be governed by statewide rules adopted by the
commission after notice and hearing. Notice for
hearings prescribed herein shall be given pursuant
to KRS 353.680 and notice for hearings governing
drilling units for a particular pool or special
field rules shall be given to all persons reasonbly
known to the commission to own an interest in the
oil and gas therein.
(c) Each well permitted to be drilled upon any
drilling unit shall be drilled in accordance with
the rules and regulations promulgated by the commis-
sion and in accordance with a spacing pattern fixed
by the commission for the pool in which the well is
located, with such exceptions as may be reasonably
necessary where it is shown, in accordance with
regulations adopted by the commission, that the unit
is partly outside the pool or for some other reason
a well otherwise located on the unit would not be
likely to produce in paying quantities, or topo-
graphical conditions are such as to make the drilling
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at such location unduly burdensome. Whenever an
exception is granted, the commission shall take such
action as will offset any advantage which the person
securing the exception may have over other owners
by reason of the drilling of the well as an exception.
(d) No drilling unit established by the com-
mission shall be smaller than the maximum area which
can be drained efficiently by one (1) deep well so
as to produce the reasonable maximum recoverable
oil or gas in such area, unless an exception is
granted in accordance with regulations adopted by
the commission.
(e) An order establishing drilling units may
be modified, altered, extended, amended or vacated
by the commission after notice and hearing as pre-
scribed above.
(2) Pooling of interests in drilling units:
(a) When two (2) or more seperately owned
tracts are embraced within a drilling unit, or when
there are separately owned interests in all or a
part of the drilling unit, the interested persons
may pool their tracts or interests for the develop-
ment and operation of the drilling unit. In the
absence of voluntary pooling and upon application
of any operator having an interest in the drilling
unit, and after the commission has given notice to
all persons reasonably known to own an interest in
the oil or gas in the drilling unit, and after a
hearing, the commission shall enter an order pool-
ing all tracts or interests in the drilling unit
for the development and operation thereof and for
the sharing production therefrom. Each such pool-
ing order shall be upon terms and conditions which
are just and reasonable.
(b) All operations, including, but not limited
to, the commencement, drilling or operation of a
deep well, upon any portion of a drilling unit for
which a pooling order has been entered, shall be
deemed for all purposes the conduct of such operations
upon each separately owned tract in the drilling
unit by the several owners thereof. That portion
of the production allocated to a separately owned
tract included in a drilling unit shall, when pro-
duced, be deemed for all purposes to have been
actually produced from such tract by a deep well
drilled thereon.
(c) Any pooling order under the provisions of
subsection (2) of this section shall authorize the
drilling and operation of a deep well for the
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production of oil or gas from the pooled acreage;
shall designate the operator to drill and operate
such deep well; shall prescribe the time and manner
in which all owners of operating interests in the
pooled tracts or portions of tracts may elect to
participate therein; shall provide that all reason-
able costs and expenses of drilling, completing,
equipping, operating, plugging and abandoning such
deep well shall be borne, and all production there-
from shared, by all owners of operating interests
in proportion to the acreage in the pooled tracts
owned or under lease to each owner; and shall make
provision for payment of all reasonable costs
thereof, including reasonable charge for supervision
and for interest on past due accounts, by all those
who elect to participate therein. Upon the applica-
tion of any operator having an interest in the
drilling unit, the person or persons selected to
drill and operate said deep well shall be determined
by competitive bids under the procedure set out in
KRS 74.260.
(d) Upon request, any such pooling order shall
provide just and equitable alternatives whereby an
owner of an operating interest who does not elect
to participate in the risk and cost of the drilling
of a deep well may elect to surrender his interest
or a portion thereof to the participating owners on
a reasonable basis and for a reasonable considera-
tion, which, if not agreed upon, shall be deter-
mined by the commission; or to participate in the
drilling of the deep well on a limited or carried
basis on terms and conditions, which, if not agreed
upon, shall be determined by the commission to be
just and reasonable.
(e) If an operator owning an interest in a
pooled drilling unit elects not to participate in
the risk and cost of drilling of a deep well thereon,
and another operator owning an interest therein,
shall drill and operate, or pay the costs of
drilling and operating a deep well as provided in
the commission's order, then such operating owner
shall be entitled to the share of production from
the tracts or portions thereof accruing to the
interest of such nonparticipating owner, exclusive
of any royalty or overriding royalty reserved in
any leases, assignments thereof or agreements re-
lating thereto, of such tracts or portions thereof,
or exclusive of one-eighth (1/8) of the production
attributable to all unleased tracts or portions
thereof, until the market value of such nonpartici-
pating owner's share of the production, exclusive
of such royalty, overriding royalty or one-eighth (1/8)
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of production, equals one and one-fourth (1%) times
the share of such costs payable by or charged to
the interest of such nonparticipating owner.
(f) If a dispute shall arise as to the costs
of drilling and operating a deep well, the commis-
sion shall determine and apportion the costs, within
ninety (90) days from the date of written notification
to the commission of the existence of such dispute.
(3) This section shall not apply to wells
drilled, deepened or reopened for the injection of
water, gas or other fluids into any subsurface
formation. (Enact. Acts 1974, ch. 45, §5.)
KRS Ch. 353.652. Unit operation of pool—Procedure.—
(1) Upon the application of any operator in a
pool productive of oil or gas, or both, and other
minerals which may be associated and produced there-
with and after notice given by the commission to all
persons reasonably known to own interest in the oil
or gas in such pool, and after a hearing, the
commission may enter an order requiring the unit
operation of a pool or of any portion or combinations
thereof within a field. Such unit operation shall
be in connection with a program designed to avoid
the drilling of unnecessary wells, or otherwise to
prevent waste, or to increase the ultimate recovery
of the unitized minerals by additional recovery
methods. The order shall provide for the unitiza-
tion of separately owned tracts and interests
within such pool or pools, but only after finding
that:
(a) Said order is reasonably necessary for
the prevention of waste;
(b) The proposed plan of unitized operation
will increase the ultimate recovery of oil or gas,
or both, from the pool and will be economically
feasible;
(c) The production of oil or gas, or both,
from the unitized pool can be allocated in such a
manner as to insure the recovery by all owners of
their just and equitable share of such production;
and
(d) A contract incorporating the unitization
agreement has been signed or in writing ratified or
approved by the owners of at least seventy-five per
cent (75%) in interest as costs are shared under
the terms of the order and by seventy-five per
cent (75%) in interest as production is to be
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allocated of the royalty in the unit area, and a
contract incorporating the required arrangements
for operations has been signed or in writing ratified
or approved by the owners of at least seventy-five
per cent (75%) in interest as costs are shared,
and the commission has made a finding to that
effect either in the order or a supplemental order.
(2) The order requiring such unit operation
shall designate one (1) operator as unit operator
and shall also make provision for the proportionate
allocation to all operators of the costs and expenses
of the unit operation, including a reasonable charge
for supervision, which allocation shall be in the
proportion that the separately owned tracts share in
the production from the unit. In the absence of an
agreement entered into by the operators and filed
with the commission providing for sharing the costs
of capital investments in wells and physical equipment,
and intangible drilling costs, the commission shall
provide by order for the sharing of such costs in
the same proportion as the costs and expenses of the
unit operation; Provided, That any operator who
has not consented to the unitization shall not be
required to contribute to the costs or expenses
of the unit operation, or to the cost of capital
investment in wells and physical equipment, and
intangible drilling costs, except out of the proceeds
from the sale of the production accruing to the
interest of such operator exclusive of any royalty
or overriding royalty interest.
(3) The commission, after notice and hearing
as provided above may from time to time by entry of
a new or amending order enlarge the unit area by
approving agreements adding to such area a pool or
any portion or combinations thereof not previously
included. Any such order shall not become effective
unless and until:
(a) All of the terms and provision of the
unitization agreement relating to the extension or
enlargement of the unit area or to the addition of
pools or portions or combinations thereof to unit
operations have been fufilled and satisfied and
evidence thereof has been submitted to the com-
mission; and
(b) The extension or addition effect by such
order has been agreed to in writing by the owners
of at least seventy-five per cent (75%) in interest
as costs are shared in the pool or pools or portions
or combinations thereof to be added to unit opera-
tions by such order and by seventy-five per cent (75%)
III-E-148
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in interest as production is to be allocated of
the royalty owners in said pool, pools, portions or
combinations and evidence thereof has been sub-
mitted to the commission.
(4) Any agreement, in providing for allocation
of production from the unit area, shall first al-
locate to each pool or portion thereof so added a
portion of the total production of oil and gas, or
both, from all pools affected within the area, as
enlarged, such allocation to be in proportion to the
contribution which added pool or portions or ex-
tensions thereof are expected to make, during the
remaining course of unit operations, to the total
production of oil or gas, or both, of the unit as
enlarged. The remaining portion of unit production
shall be allocated among the separately owned
tr6icts within the previously established unit area
in the same proportions as those specified prior
to the enlargement. (Enact. Acts 1974, Ch. 45, §6.)
The Commission's statutory authority is specifically
related to the above two chapters. The DMM, on the other hand
has the authority over the following areas:
1. The different systems of working and ven-
tilating coal mines.
2. The nature, chemistry and properties of
noxious, poisonous and explosive gases,
the dangers due to such gases and the
prevention of such dangers.
3. The dangers incident to blasting and the
prevention of such dangers.
4. The methods for the management and ex-
tinguishment of mine fires.
5. The methods for rescue and relief work
in mine disasters.
6. The application of electricity in mining
operations.
7. The application of mechanical loading in
mining operations.
8. The equipment and explosives manufactured
for use in coal mines.
9. The mechanical features of mine scales and
the methods used in properly inspecting
and testing such scales.
10. The methods used in locating oil and gas
wells when drilled through any coal seam.
11. The proper manner of drilling and plugging
oil and gas wells.
12. Mining engineering.
13. The methods for the prevention of explo-
sions in mines due to gas or dust.^
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1.3 Water
The Division of Water in the DNREP has broad powers
in the area of water extraction. These include withdrawal,
impoundments, diversions and other provisions that relate
to water supply and availability.8 Where water pollution
control is concerned the Division is the defined agency
that has primary responsibility.9 (See Section IV on permits
for a detailed analysis of authorities.)
2.0 Transportation of Raw Materials and Con-
verted Fuels
The Department of Motor Transportation is an ad-
ministrative department provided by statute.-1-0 Any motor-
ized commercial transport is either certified or permited
under this statute. Other jurisdictions include the
Department of Revenue for purposes of valuation and taxes;
the Department of Public Safety for safety guarantees; the
Railroad Commission for rail and barge traffic and a few
others not directly associated with energy or environment
problems per se.
2.1 Non-hazardous Materials
2.1.1 Truck
The Department of Motor Transportation is the main
agency regulating commercial truck operations in the
Commonwealth.-'--'- The Department of Public Safety is involved
in the oversight of movement of truck traffic for safety
considerations.12
2.1.2 Rail
"Railroads are essentially privately constructed,
owned and operated, but are subject to state regu-
lation through the Railroad Commission (KRS 276.010 -
276.990). The Commission is composed of three
members elected by popular vote, one from each of
three districts of Kentucky, for four-year terms.
An office for the Commission is established in
Frankfort and funded by legislative appropriation.
The duties of the Railroad Commission are to
enforce the laws relating to common carriers and
prosecute violators; to inquire into the condi-
tions, management and business of carriers by rail,
express companies, and carriers of property by water
to see that they comply with state laws; and to
exercise general supervision over the railroads of
the state (including setting rates, no discrimina-
tion, and ordering repairs and improvements)."-^
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2.1.3 Barge
The Railway Commission regulates water carriers in
the same way that' it does rail carriers. (Boats and boating
in a more general sense are regulated by the Department of
Transportation.14)
2.1.4 Pipeline
The Public Service Commission governs standards of
safety, location, and convenience for pipeline carriers.15
2.2 Hazardous Materials — Non-nuclear
The Railroad Commission sets standards of marking,
storage, packing, and transport of explosives and other
hazardous materials by rail or barge.-1-6 For motorized
traffic the Department of Motor Transportation is the author-
itative source. In either case general certification applies
under the chartering statutory provisions of the Commission
and the Department.
2.3 Hazardous Materials — Nuclear
Licenses to handle radioactive material may be
exercised by the following agencies as it applies to their
general areas of authority.1'
1. State department of health, particularly as to
hazards to public health and safety, including the
protection of air space and all ground and surface
waters, in cooperation with other pollution control
agencies;
2. The department of labor and the workmen's
compensation board, particularly as to hazardous
working conditions and to the time and character
of proof of claims of injuries and disease and the
extent of the compensation liable therefor;
3. The department of motor transportation,
particularly as to the transportation of special
nuclear materials and by-product material on high-
ways of the commonwealth;
4. The railroad commission, particularly as to
the transportation of special nuclear materials and
by-product material by common carriers in intra-
state commerce on the railroads of the commonwealth.
5. The department of aeronautics, particularly
as to the transportation of special nuclear materials
and by-product material by air;
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6. The public service commission, particularly
as to the participation by public utilities subject
to its jurisdiction in projects looking to the
development of production or utilization facilities
for industrial or commercial use;
7. The department of insurance, particularly
as to the insurance of persons and property from
hazards to life and property resulting from atomic
energy development;
8. Department Of natural resources, particularly
as to the hazards, if any, to the natural resources
of the commonwealth;
9. Department of fish and wildlife resources,
particularly as to the protection of wildlife within
the commonwealth;
10. Department of mines and minerals, particularly
as to the possibility of disposal of radioactive
wastes in subterranean areas;
11. Such other departments and agencies, in-
cluding additional departments and agencies of
political subdivisions of the commonwealth, as the
governor may direct and for the purposes specified
by him. (Enact. Acts 1958, Ch. 146, §3, effective
June 19, 1958.)18
It should be noted that the Governor must approve
all rules and regulations promulgated by the above
authorities.
3.0 Raw Material Conversion
Raw material that is converted from original form
into combusted or reacted fuel for purposes of electrical
energy generation is under the regulation and rules of the
Public Service Commission.19 When harmful effluents may be
involved the Department of Natural Resources and Environ-
mental Protection must determine environmental compatibility.20
With nuclear fuels, any agency of state government as out-
lined in Chapter 152.120 may cause permits and certificates
to be required as deemed appropriate subject to approval
by the Governor.21
4.0 Generation of Electrical Energy— All Fuels
The jurisdictions outlined in 3.0 above also apply
here.
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5.0 Transmission of Electrical Energy
In addition to the applications of 3.0 above, the
Department of Highways regulates transmission along its
right-of-ways.22
6.0 Consumption/Conservation by the Consumer
Except for provisions on rate, tax, and other rules,
regulations and standards in the public service commission
statutes, there is little to be found in Kentucky statutes
about this area. (6.1-6.3) It is worth noting, however,
that there is a general prohibition against waste of gas and
oil as provided under the jurisdiction of the Department of
Mines and Minerals. 3
It should also be noted that the commonwealth has
a fuel allocation program and a state conservation plan in
cooperation with the Federal Energy Administration through
the Kentucky Energy Council.
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REFERENCES
1. KRS Ch. 350.028
2. KRS Ch. 351, generally
3. KRS Ch. 350.029
4. KRS Ch. 351.070
5. KRS Ch. 350.028
6. KRS Ch. 211.700
7. KRS Ch. 350.060
8. KRS Ch. 151.120—990
9. KRS Ch. 224, generally, Ch. 224.010, .020, .060, .080,
.100.
10. KRS Ch. 281.595
11. KRS Ch. 281.595 - 281.600
12. KRS Ch. 186, generally
13. Kell, Jeffery. Final Report on the Kentucky Environ-
mental and Economic Development Project, Legislative
Research Commission,1975.
14. KRS Ch. 235
15. KRS Ch. 278.470
16. KRS Ch. 276.450
17. KRS Ch. 152.125
18. KRS Ch. 152.120
19. KRS Ch. 278.020
20. KRS Ch. 224, generally
21. KRS Ch. 152.125
22. KRS Ch. 416.140
23. KRS Ch. 353.520
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E. OHIO
1. 0 Extraction of Raw Materials
The Ohio Division of Mines in the Department of In-
dustrial Relations shall enforce and supervise the execution
of all laws enacted for the health and safety of persons and
the protection and conservation of property within, about,
or in connection with mines, mining, and quarries.1 While the
ODM is the primary authority in this area some exceptions are
noted below.
1.1 Coal
In addition to the Division of Mines, the Division
of Reclamation in the Department of Natural Resources has
major jurisdiction in coal regulation.^
1.1.1 Strip Mining
No operator shall engage in strip mining or conduct
a strip mining operation without a license issued by the chief
of the division of reclamation.2 Tne license attests to the
accuracy of information about the current status of the appli-
cant relating to location, present permits, business pro-
cedures, insurance, personnel, and other administrative re-
quirements. The issuance of a license must be followed by
the application and acquiring of a permit to strip mine prior
to operation of the mine.4 The permit cites specifications
relating land description, acres to be used, identification
of surface right ownership, water flow and resource modifi-
cation, specifications for reclamation, estimations of cost
for reclamation and other items relating to the same.5
1.1.2 Deep Mining
The Mining Examining Board certifies all classifi-
cations of workers in mines in the state.6 No owner, lessee,
or agent shall conduct his mining operations within twenty-
five feet of any known well, or locate a mine opening within
three hundred feet of any well which produces oil or gas un-
less he obtains permission in writing from the division of
mines and the chief of the division of oil and gas.7 All
construction of operations must be with the direct notifica-
tion to the chief of the division of mines. Further all
mine excavations must be mapped and certified by the divi-
sion of mines for new, operating, and abandoned mines.8,9,10
In gaseous and nongaseous mines, close operating specifica-
tions and monitoring are required between the division and
the operator.11
1.1.3 Waste disposal
Reclamation plans must include provisions of dispos-
al wastes.12 Additionally, the Board of Health of the health
III-E-155
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district gives licensure under these provisions:
"§3734.05. License required; transfer; approval of
plans.
(A) No person shall operate or maintain a solid waste
disposal site or facility after January 1, 1969, without a li-
cense issued by the Board of Health of the health district in
which such site or facility is located.
(B) During the month of December, but before the first
of January of the next year, every person proposing to continue
to operate an existing solid waste disposal site or facility
shall procure a license to operate such site or facility for
such year from the Board of Health of the health district in
which the site or facility is located. A person who has re-
ceived a license, upon sale or disposition of a solid waste
disposal site or facility may, upon consent of the Board of
Health and the Director, have the license transferred to an-
other person.
(C) Each person proposing to open a new solid waste
disposal site or facility shall submit plans and specifications
to the Department of Health for required approval under the
regulations adopted by the Public Health Council pursuant to
section 3734.02 of the Revised Code at least sixty days before
proposed operation of the site or facility and concurrently
make application for a license with the Board of Health of the
health district in which the proposed site or facility is to
be located."
"§3734.07. Inspection; certification; right of entry.
(A) Before a license is initially issued and annually
thereafter, or more often if necessary, the Board of Health
shall cause each solid waste disposal facility and site to be
inspected and a record to be made of each such inspection, and
require each solid waste disposal facility and site in the
health district to satisfactorily comply with sections 3734.01
to 3734.11, inclusive, of the Revised Code.
(B) Within thirty days after the issuance of a license,
the Board of Health shall certify to the Director that the solid
waste facility or site has been inspected and is in satisfactory
compliance with sections 3734.01 to 3734.11, inclusive, of the
Revised Code. Each Board of Health shall provide the Director
with such other information as he may require from time to time.
(C) The Board of Health or its authorized representa-
tive and the Director or his authorized representative, upon
proper identification and upon stating the purpose and neces-
sity of an inspection, may enter any solid waste disposal site
or facility at any reasonable time for the purpose of making
III-E-156
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inspections required by division (A) of this section."
1.2 Gas and Oil
AH coal or mineral bearing townships must be certi-
fied for fitness and location by the chief of the division of
oil and gas.13 jn a more general way, the division of mines,
as well as the division of oil and gas shall perform regula-
tion and monitoring of gas and oil extraction. 14* 15 All op-
erators are to be closely enjoined by the divisions under lia-
bility for penalties as are contained in the general provi-
sions. 16
1.3 Water
The Ohio Environmental Protection Agency has broad
authority over water pollution control which includes permit
requirements.1^ Any industrial effluent into the state's
waterways is subject to action by the director of OEPA and
subsequent permit requirements. In matters of water quantity,
the division of water in ODNR has permit authority over all
dams, dikes, and levees. ° Any impoundment, entrainment, di-
version, or other actions shall have a ODNR permit in order to
conform with the provisions of this authority.
2.0 Transportation of Raw Material and Converted
Fuels
General jurisdiction includes the public utilities
commission which issues commercial carrier permits to all
public utilities, motor carriers, and railroads.19 Others are
so indicated below.
2.1 Transportation of Hazardous Materials
2.1.1 Truck
No motor transportation company shall commence its
operation as such in this state without obtaining from the
public utilities commission a certificate declaring that
public convenience and necessity require such operation.
2.1.2 Rail
The public service commission is the permit (certifi-
cation) body for railroads in Ohio as it relates to routes,
rates, and other specifications under Title 49 of the code.
2.1.3 Barge
The division of watercraft in the Department of
Natural resources has general jurisdiction over craft that
operates within the state's boundaries as an Ohio based
vessel.21 Licensing requirements are required on type of
III-E-157
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enterprise, size of crafts, numbering, propulsion, etc.22
2.1.3 Pipe-line
Any pipeline transport by commercial carrier is sub-
ject to regulation by the public service commission; as such
approved applications must be acquired in order to carry out
activities in the state.
2.2 Hazardous Materials — Nonnuclear
The department of health holds general jurisdiction
over the hazardous materials as does the department of envir-
onmental protection for pollutants that threaten the state's
environment. The public utility commission, however, controls
all matters relating to transport of all materials in the
state.23
2.3 Hazardous Materials - Nuclear
The department of health is the agency which holds
the authority over transport of radioactive materials.23
While no specific permit is shown under this authority, con-
formance is required under statutory penalty provisions.
3.0 Raw Material Converstion - all fuels
4.0 Generation of Electrical Energy - all fuels
The Ohio Power Siting Commission has jurisdiction
over the siting of major utility facilities, including electric
generating plants and associated facilities, electric trans-
mission lines of 25 kilovolts or more, and certain gas trans-
mission lines.2-* The PSC is composed of the Chairman of PUCO,
the Director of OEPA, the Director of Health, the Director of
Development, and a member of the public appointed by the
governor.2**
Construction of a major utility facility requires a
certificate from PSC.27 However, replacement of an existing
facility does not require a certificate.28 During construc-
tion and for the first two years of operation a facility is
subject to both the jurisdiction of PSC and OEPA.2^ OEPA is
involved if the operator is unable to meet pollution laws in
which case he may receive a conditional operating permit from
OEPA (ORC 4906.10, 3704.03).30 After the initial two years
the facility is subject only to the jurisdiction of OEPA.
In order to grant a certificate, the PSC must find
that the construction, operation, and maintenance of the
facility will create minimal environmental impact (consider-
ing the state of the art and available alternatives) and will
serve public convenience and necessity.31 The Ohio code spe-
cifically prohibits any state agency or political subdivision
III-E-158
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from requiring certificates or other approvals after PSC
has issued a certificate .->2 Each facility must annually
furnish a 10 year forecast of loads, resources, and prospec-
tive sites.33
As noted above, after the initial two year period, the
facility will be subject to the jurisdiction of OEPA in so far
as its environmental impacts are concerned (ORC 3704 (air pol-
lution control), ORC 3734 (solid waste disposal), and ORC 6111
(water pollution control). We are not describing such rules
in detail since they are long and are generally applicable to
all polluting facilities, not simply major utility facilities.
EPA regulations are collected and published in State of Ohio
Governmental Protection Agency Laws and Regulations, available
from Anderson Publishing Company, Columbus, Ohio. Regulations
are preceeded by an "EP" designation. Water regulations are
EP-1 to EP-9. Air regulations are EP-10 to 19. Solid waste
regulations are EP-20.
One important fact is that Ohio is presently opera-
ting under a Federal sulfur dioxide implementation plan, put
into effect in 1976. The state is currently considering its
own regulations based on the Federal plan and is expected to
issue them this summer. In the meantime the Federal plan has
been temporarily suspended as to a number of utilities in a
pending lawsuit. The Federal plan was promulgated because of
the failure (for various reasons) of Ohio to produce its own
implementation plan under the Clean Air Act.
Air pollution control is handled in major urban areas
by local air pollution control agencies except in Franklin
County (Columbus) which is handled by the central district
office of OGPA. Other areas of the state are handled by OEPA.
Political subdivisions are permitted to enact more stringent
regulations than the state, but not less stringent.34
Under ORC 3706, there was recently established an Air
Quality Development Authority, with broad powers to issue
bonds, sponsor and operate projects, and assist in the finan-
cing of air quality facilities (methods, devices, processes,
equipment, etc., which reduce air contaminents).35 its powers
include the power necessary to appropriate property and the
power to cause relocation of highways, railroads and public
utilities in connection with a project.36
5.0 Transmission of Electrical Energy
PUCO regulates rates of electrical energy transmis-
sion. 37 psc has jurisdiction over siting of electrical trans-
mission lines of 25 kilovolts or more (as stated above.
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6.0 Consumption/Conservation by Consumer — All
groups listed in outline
Petroleum allocation authority in Ohio is centralized
in the Energy Emergency Commission (§11,571), which also has
the power to undertake a wide range of other energy-related
activities, including preparation of energy emergency contin-
gency plans for each fuel to be used in the event of energy
shortages. On conservation, the Commission is developing per-
formance standards for building codes/ and is considering the
establishment of energy-conservation courses for its public
school system. The agency also develops short-term (one year)
energy information systems designed primarily to project the
impact of short-term policy actions taken in the face of
immediate shortages. An incentive program for the reopening
of available, but presently unprofitable, coal mines is like-
wise under Commission jurisdiction.
An Energy Advisory Council advises the Commission on
all energy matters, with specific emphasis on the effects that
contingency plans may have on the social and economic communi-
ties in the state.^8
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REFERENCES
1. Page's Ohio Revised Code, §4151.03
2. ORC §1513
3. ORC §1513.06
4. ORC §1513.07
5. ORC §1514.02
6. ORC §4155 generally
7. ORC §4153.11.1
8. ORC §4153.03
9. ORC §4153.04
10. ORC §4153.42
11. ORC §4153 generally
12. ORC §1513.07
13. ORC §4151.11
14. ORC §4151.02
15. ORC §4153.11
16. ORC §4151.99, §4161.99
17. ORC §6111
18. ORC §1521.06
19. ORC §4905.05, §4919.80, §4919.81 §4919.78
20. ORC §4921.10, 4923.05 - 07
21. ORC §1547.0 (A)
22. ORC §1547.65
23. ORC §4905.06
24. ORC §3701.94
25. ORC §4906.01
26. ORC §4906.02
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REFERENCES - Continued
27. ORC §4906.04
28. Ibid
29. ORC §4906.10
30. Ibid ORC §3704.03
31. ORC §4906.10
32. ORC §4906.13
33. ORC §4906.15
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Ill Identification of Institutions and Legislative Authority by Permit
MATRIX FORMAT
A
Fed-
eral
B
Ill-
inois
C
Ind-
iana
D
Ken-
tucky
E
Ohio
1.0 Extraction of Raw Materials
1.1 Coal
1.1.1 Strip Mining
1.1.2 Deep Mining
1.1.3 Waste Disposal/Reclamation
1.2 Natural Gas and Oil
1.3 Water
1.3.1 Quantity
2.0 Transportation of Raw Materials and Converted
(Process) Fuels
2.1 Non-Hazardous Materials
2.2.1 Truck
2.1.2 Rail
2.1.3 Barge
2.1.4 Pipeline
2.2 Hazardous Materials — Non-Nuclear
2.3 Hazardous Materials — Nuclear
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A
Fed-
eral
B
Ill-
inois
C
Ind-
iana
D
Ken-
tucky
E
Ohio
3.0 Raw Material Conversion
3.1 Coal
3.2 Oil
3.3 Gas
3.4 Nuclear
4.0 Generation of Electrical Energy
4.1 Coal (Coal, Gas & Liquefaction)
4.1.1 Waste Disposal
4.1.2 Fuel Allocations
4.2 Oil
4.2.1 Waste Disposal
4.2.2 Fuel Allocations
4.3 Gas
4.3.1 Waste Disposal
4.3.2 Fuel Allocations
4.4 Nuclear
4.4.1 Waste Disposal
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A
Fed-
eral
B
Ill-
inois
C
Ind-
iana
D
Ken-
tucky
E
Ohio
4.4.1.1 Transportation
4.4.1.2 Storage
4.4.2 Fuel Allocation
4.5 Hydroelectric
4.6 Other
5.0 Transmission of Electrical Energy
5.1 Interstate
5.2 Intrastate
6.0 Consumption/Conservation by Consumer
6.1 Rate Structures
6.2 Tax Structures
6.3 Building Codes
6.4 Use Regulations
6.5 Other Measures
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PART IV PERMIT SEQUENCING AND PUBLIC PARTICIPATION
Introduction
This part is the culmination of the three preceding
parts, in that it identifies many of the requirements for
permits and for public and governmental participation in the
decision-making process of permit-granting governmental
entities. It is not as comprehensive as the preceding parts,
since it focuses on the permit process as part of the moni-
toring and enforcement of environmental quality standards
established by governmental agencies.
It is useful, however, to both the regulated in-
dustries and the public and governmental entities since it
deals with the points at which the regulated industries and
the public come into contact with the governing agencies
through the permit process.
With respect to levels of local government, it must
be remembered that state enabling legislation or constitu-
tional provisions delegate some regulatory functions to
local governments. The numerous county, city, township, etc.
ordinances and regulations are not identified. It is pointed
out, however, that these local government ordinances and
regulations involving a permit process must be considered by
the regulated industries. These local government laws also
provide opportunities for the public and other governmental
agencies to have in-put into the decision making process
with respect to the issuance of such permits. As an example/
land use planning and zoning is in many instances a local
government matter. Whether an area is zoned for the type of
operation contemplated in the energy generation process is
a matter of local government control. In other instances,
however, state and federal government have preempted the
regulatory field so that local government may not apply
more strict regulations through a permit process.
The sequencing of permits should also be noted.
Not only the sequencing within the same agency, but also the
sequencing required by the different governmental institu-
tions at different levels of government. As an example, the
siting and construction of the coal-fired steam electric
generating plant may require a series of permits including a
local government certificate of occupancy (based On local
zoning laws); federal Corps of Engineers permit if situated
on a navigable stream; a state or federal point source
water discharge permit; a state or federal permit as a new
source of air pollution; a permit with respect to pre-
treatment of liquid waste discharged into a publicly owned
treatment works; an approval by an areawide water quality
planning agency with respect to the point and non-point
source pollution problems; and so on. It is sometimes
difficult, if not impossible, to ascertain which of these
III-E-167
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must be obtained first, and it is not infrequent that one
agency will be reluctant to act upon the request for a permit
until such time as other permits are obtained. It is for
this reason that the sequencing is important.
When utilizing the material set forth in Part IV,
it must be realized that the permit process may be the
culmination of many other matters and decisions that have
already taken place. These include the establishment of
ambient environmental standards, establishment of emission
or effluent limitation standards, adoption of areawide
planning, etc. These are not part of the permit process,
but are included in the process as constraints or limita-
tions upon the discharger.
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A. FEDERAL
1.0 Extraction
1.1 Coal
Federal regulation of coal mining occurs in three
main areas — direct regulation of coal extraction on federal
lands, and indirect regulation of all mine operations through
health and safety standards, and through air and water pollu-
tion control.
The process of obtaining coal mining rights on fed-
eral lands begins with the identification of areas suitable
for coal development. The Department of the Interior pub-
lishes notice of requests for nominations of areas in the
Federal Register and in newspapers in the affected areas. In
dustry, the general public, and state and local governments
are all allowed to nominate areas. Then the Geological
Survey and other federal agencies are requested to comment
on the nominations, and environmental impact analysis or a
formal impact statement (EIS) is prepared, and the Department
may hold public hearings on the nominations.(43 C.F.R.§ 3041.1
et seq,.)
Once the decision has been made to open a tract of
land for mineral development, any person may file an applica-
tion for a coal permit, lease, or license in the appropriate
Bureau of Land Management (BLM) office. (43 C.F.R. §3041.1-1)
BLM will then make additional technical examinations and
environmental analyses in light of the scope of the applica-
tion. (43 C.F.R. §3041.1-2 et seq.) If the coal deposits are
not on Dol lands, the Secretary of the Interior must obtain
the consent of the agency having jurisdiction of the lands
before issuing any lease or permit. (30 U.S.C. §352, 43 C.F.R.
§3501.2-6)
If prospecting or other exploration is necessary,
an applicant may obtain a prospecting permit for a two-year
term, subject to extension, and for not more than 5120 acres
per permit. (30 U.S.C. §201(b)(1970),43 C.F.R. Part 3510) If
the permittee discovers coal in commercial quantities, he is
entitled to a preference right lease, issued without competi-
tive biddings for all or part of the lands covered by his
permit. (30 U.S.C. §201(b)(1970); 43 C.F.R. Part 3520)
Otherwise, the coal land or deposits are divided into suit-
able leasing tracts and leased competitively. Prior to the
issuance of such a lease, the Secretary must consult with
the Governor of the state where the lease tract is located,
and must publish notice of the lease in the Federal Register
and a newspaper of general circulation in the affected state.
(43 C.F.R. §§3521.203,3041.4) Any interested party may
request a public meeting on a lease application. (43 C.F.R.
§3041.4) All leases are subject to the operating and
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reclamation conditions set forth in federal regulations.
(43 C.F.R. §53041.2-2, 3041.5)
The Secretary of the Interior establishes and promul-
gates coal mine safety standards, and also promulgates the
coal mine health standards set by the Secretary of Health,
Education, and Welfare. (30 U.S.C.§§725,811(a)) In develop-
ing these standards, the Secretaries must consult with each
other and with the Department of Labor and other interested
federal agencies, state agencies, mine operators, and other
interested persons and organizations (30 U.S.C. §811(b))
The Secretary of Interior first must publish the proposed
standards in the Federal Register and allow 30 days for
interested persons to comment. (30 U.S.C. 5725(c)) Anyone
objecting to the proposed standards within that 30-day
period may request a public hearing, which is held after
due notice and at which any interested party may be heard.
(30 U.S.C.§§725,811)
Pursuant to the Federal Water Pollution Control Act
of 1972, all coal mines including strip mines, discharging
waste waters need a national pollution discharge elimination
system (NPDES) permit as a point source discharger. (33
U.S.C. §1342) In the ORBES region as of January, 1977, two
states -- Indiana and Ohio — have been delegated the author-
ity to issue such permits. (40 C.F.R. Part 124) When
states are delegated the NPDES permit authority, the U.S. EPA
retains oversight, but does not issue the permits.
Upon applying for an NPDES permit, the discharger
provides detailed information concerning the amount and type
(components) of is discharge. (40 C.F.R. §125) Public notice
is given of application for a permit and a public hearing
may be held if there is sufficient public interest or if the
U.S. EPA deems the application to be controversial — i.e.
warranting public input. The permit may be issued as applied
for, as modified by U.S. EPA or denied. (40 C.F.R. Part 125,
Subpart C) There is also an opportunity for an adjudicatory
hearing (a quasi-judicial proceeding) by the Regional
Administrator if request is made within thirty (30) days of
issuance of the notice of the permit application, or, if a
public hearing is held, after the public hearing. (40 C.F.R.
Part 125, Subpart D) The decision of the Regional Adminis-
trator is subject to review by the Administrator (U.S. EPA) —
usually a judicial officer designated by the Administrator.
(40 C.F.R. §125.34) The decision of the Administrator is
subject to judicial review. (33 U.S.C. §1369(b))
The terms of the NPDES permit must include, among
other limitations on discharges, the national effluent
limitation standards established for coal mining operations.
(40 C.F.R. $125.24; 40 C.F.R. 434) With respect to these
national effluent limitations established pursuant to §306
of the Act (33 U.S.C. §1316), it must be remembered that
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these are established on a nationwide basis and by a procedure
entirely separate and apart from the proceedings on a permit
application.
If the point source discharger is a "new source" as
defined in 306 of the Act, an environmental impact statement
(EIS) is required. (33 U.S.C. §1371(c)) (See Part I of
this report for a general review of the EIS requirements.)
It appears that coal mining and similar extraction
processes will not come under any federal regulatory process
requiring a license of permit for discharges into the air.
For the most part, mining operations would not result in a
"point source" of air pollution, but would be more accurately
described as sources of "fugitive dust." For the most part,
the enforcement of air quality standards will fall to the
states.
1.2 Oil and Gas
As with coal, the federal government only has juris-
diction to regulate oil and gas production on federal lands,
under the Mineral Leasing Act of 1920. (30 U.S.C. §§181-263);
43 C.F.R. Group 3100) At the outset, any party may conduct
exploratory operations for oil and gas on the public lands
by filing a "Notice of Intent" in the appropriate BLM office.
(43 C.F.R. §3045.1) He may then undertake his exploration,
and, when he is finished, must also file a "Notice of
Completion." (43 C.F.R. §3045.2) All other oil and gas
operations require a lease. :
If the lands to be leased are not within a known
producing oil and gas field, then the first qualified person
to offer receives the lease without competitive bidding.
(30 U.S.C. 226(b)) If the United States does not own the
surface interest, notice must be given to the surface owner.
(43 C.F.R. Part 3110) If the land to be leased is within a
known producing oil and gas field, then BLM publishes notice
of the offer of lands for lease in a newspaper of general
circulation for five consecutive weeks. (43 C.F.R. §3120.2)
Any qualified person may submit a sealed bid, and notice of
the results of the competitive bidding is issued to the
interested parties through the local BLM office. (43 C.F.R.
§ 3120.3)
With respect to water pollution control problems
involving oil and gas extraction, such operations dis-
charging wastes into receiving waters will need an NPDES
permit. (For general discussion of this see preceding
part 1.1 — Coal.)
National effluent limitations standards have not
yet been established for oil and natural gas extraction
processes although such may be promulgated. (33 U.S.C. §1316)
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These processes are subject, however, to effluent limitations
as follows:
By July 1, 1977 — Apply best practicable technology
(33 U.S.C.A. 551311,1314)
By July 1, 1983 -- Apply best available technology
(33 U.S.C.A. §51311,1314)
Any new dischargers — Apply best available tech-
nology from inception (33 U.S.C.A. §§1311,1314)
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PART IV
A. FEDERAL
1.3 Nuclear
Rights to uranium deposits located on public lands
are acquired by entry under the Mining Law of 1872 (30 U.S.C.
§22 e_t seg.) , and on NRC lands by competitive bidding lease
under the Atomic Energy Act of 1954 (42 U.S.C. §2097). Under
the Mining Law, anyone who discovers uranium may locate his
claim staking the corners, posting a notice of location, and
recording the location according to state law (43 C.F.R.
§3831.1). If the locator has his claim surveyed, and expends
at least $500 in improving it, he may apply for a patent
granting him fee simple title (30 U.S.C. §29). Prior to issu-
ance of the patent, the locator must show proof of the posting
and publication of notice of his claim (43 C.F.R. §§3862.1-1
(c), 3862.4).
If valuable deposits of source material are discovered
on public lands known to be valuable for coal, then the lands
may be open to entry and location for the source material un-
less already covered by a coal prospecting permit or lease
(30 U.S.C. §541). The locator must file notice of his claim
in the local BLM office and may obtain a patent under the
Mining Law of 1872.
Except as may be specifically and exclusively covered
by the Atomic Energy Act and related statutes regarding the
mining and processing of nuclear fuels, the mining and pro-
cessing at the mine site of uranium ores comes under the Fed-
eral Water Pollution Control Act as a point source discharger.
The same basic regulatory scheme as outlined for the mining
of coal applies to the mining of uranium. National effluent
guidelines and standards have been promulgated specifically
to cover discharges from uranium mining and processing opera-
tions (40 C.F.R. Part 440, Subpart E). The guidelines re-
lating to the degree of effluent reduction attainable by ap-
plication of the best practicable control technology were
suspended by the U.S. EPA until April 30, 1977 (40 C.F.R.
§440.52; 41 F.R. 3165, Jan. 17, 1977). With respect to the
discharge of radioactive materials, it has been held that
the U.S. EPA does not have jurisdiction to regulate "source/
by-product and special nuclear materials," and that the NRC
is charged with the responsibility for such control. Train
v. Colorado PIRG, 426 U.S. 1, 48 L. Ed. 2nd 434 (1976).
To the extent that such mining operations may re-
sult in air pollution problems, the states appear to have
jurisdiction through state implementation plans and air
quality maintenance areas.
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1.4 Water
If in extracting water from navigable streams it
affects navigability, the Army Corps of Engineers have devel-
oped a permit procedure. This is described in Part 4.1
(Generation Process) as part of the discussion relating to
use of water in the electrical energy generation process.
2.0 Transportation
2.1 Non-hazardous Materials
Transportation of all materials is regulated by
both the Interstate Commerce Commission and the Department
of Transportation. All interstate carriers must have either
an ICC license, permit, or certificate of public convenience
and necessity, (certificate: rail carriers 49 U.S.C. §1(19);
all common carriers 49 U.S.C. §§303(c), 906; license: motor
transportation brokers 49 U.S.C. §311; permit: contract
carriers, 49 U.S.C. §§303(c), 309, 909; freight forwarders
49 U.S.C. §1010.) All ICC certificates, licenses, and per-
mits are issued under the general ICC rules of practice
(49 U.S.C. §1(19)). Notice of the application must be given
to the governor of each affected state and must be published
in both the Federal Register and local newspapers (49 C.F.R.
§1130.1(b)). All interested parties must be afforded an op-
portunity to be heard before the certificate, etc. is issued
(49 U.S.C. §§1(19), 309, 909, 1010).
The ICC also has jurisdiction over the rates of,
and the routes served by, interstate carriers. All rates
must be just, reasonable, and non-discriminatory, and must
be filed with the ICC and must be published (49 U.S.C.
§§316, 318, 906). No carrier may change its rates without
notifying the ICC and the public at least 30 days in advance
(49 U.S.C. §§6(3), 318, 906), or upon complaint or upon its
own initiative, the ICC may hold hearings to set or change
rates (49 U.S.C. §§15, 15a, 316, 318, 907, 1006; 49 C.F.R.
Parts 1102, 1104). Finally, carriers may not extend or
abandon their established routes without obtaining a new
or modified certificate, license, or permit (49 U.S.C.
§1(18)).
The Department of Transportation regulates pipe-
lines in interstate commerce by setting minimum Federal
safety standards (49 U.S.C. §1672 et seq; 49 C.F.R. Parts
190-195) to be applied in the absence of adequate state
standards (49 U.S.C. §1674(b)). In setting such standards,
the Secretary must afford all interested persons an oppor-
tunity to participate fully through submission of written
data, views or arguments, and oral testimony and argument
(49 U.S.C. §1672; 5 U.S.C. §553). All pipeline carriers
are required to file a plan for inspections and maintenance
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of safety standards (49 U.S.C. §1680; 49 C.F.R. §192.17).
If the plan is inadequate, the agency responsible for en-
forcement of the standards must, after notice and oppor-
tunity for a hearing, require revisions (49 U.S.C. §1680).
If a pipeline is to traverse federal lands, the
carrier must apply for a right-of-way, with public notice
and public hearings where appropriate. The Secretary of
the Interior must consult with the agency having jurisdic-
tion over the land, and any other interested Federal agency
before permitting the right-of-way (30 U.S.C. §185; 43 C.F.R..
Part 2880).
The Department of Transportation, in conjunction
with the Federal Highway Administration, also indirectly
regulates motor transportation through its control over
federal-aid highway funds (23 U.S.C. §101 et seq.). Any
state highway department submitting plans for a federal-
aid highway project must certify to the Secretary of Trans-
portation that the state has held public hearings on the
proposed route. The certification must be accompanied by
a report which incorporates the transcripts of the public
hearings and which indicates that all alternatives raised
at the hearings were considered (23 U.S.C. §128; 23 C.F.R.
§§790.5-790.8). When the final route is chosen, the state
highway department must publish the location in newspapers
and must have complete location information, including maps,
sketches, etc. available for public inspection (23 C.F.R.
§790.10).
Generally, the Secretary of Transportation consults
with the Departments of the Interior, Housing and Urban De-
velopment and Agriculture in developing transportation plans
and programs that include measures to maintain or enhance
the natural beauty of the lands traversed (33 U.S.C. § 138)/
and with state and local government officials in developing
comprehensive transportation plans for urban areas (23 U.S.C.
§134), but the overall national policy in the federal-aid
highway system is to minimize interagency decision procedures
so as to prevent needless duplication and unnecessary delays
(23 U.S.C. § 101(e)) .
Finally, the Environmental Protection Agency, in
cooperation with the states, indirectly regulates motor
transportation with emission standards for moving sources
(42 U.S.C. §1857f-l et seq., 40 C.F.R. Parts 85 & 86), and
with registration requirements for fuels and fuel additives
(40 C.F.R. Parts 79 & 80).
2.2 Hazardous Non-nuclear Materials
The Department of Transportation regulates the
transportation of hazardous materials in commerce (49 U.S.C.
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51804 e_t seq.) . The Secretary, after consultation with the
Interstate Commerce Commission (49 U.S.C. §1804(b) ) , issues
regulations for the safe transportation of hazardous materials
in accordance with the rule-making provisions of the Adminis-
trative Procedure Act (49 U.S.C. §1804 (a); 5 U.S.C. §553).
These must include an opportunity for informal oral presenta-
tion (49 U.S.C. §1804 (a)). The Secretary also has the power
to exempt a carrier from these regulations. Notice of an
application for exemption must be published in the Federal
Register, and the Secretary must afford the public access to
the applicant's safety analysis and provide an opportunity
for public comment on the application (49 U.S.C. §1806(a)).
2.3 Hazardous Nuclear Materials
The Nuclear Regulatory Commission issues licenses
for the transportation of hazardous nuclear materials and
production and utilization facilities in interstate commerce
(42 U.S.C. §§2073 (special nuclear material), 2092, 2093
(nuclear source material), 2111 (by-product material), 2131,
2133 (utilization and production facilities)). With respect
to each application for a NRC license, NRC must give prompt
notice of the application to the state or states in which
the activity will be conducted, and must afford a reasonable
opportunity for state representatives to offer evidence, in-
terrogate witnesses and advise the NRC as to the application
(42 U.S.C. §2021(1)). If the Commission finds that a public
hearing on the application is required in the public inter-
est, then public notice must also be published in the Fed-
eral Register at least 15 days prior to the hearing (10 C.F.R.
§2.104). If a hearing is not required, then the NRC must
publish a notice of proposed action in the Federal Register,
and any person affected by the action may request a hearing
(10 C.F.R. §2.105). If no such request is filed, and all
other conditions have been met, the license will issue, and
the notice of issuance published in the Federal Register
(10 C.F.R. §§2.105(e), 2.106).
3.0 Conversion
3.1 Fossil Fuels
Federal agencies regulate conversion of raw materials
through licensing and air and water pollution requirements.
The Secretary of the Interior may hold patent rights for the
production of synthetic liquid fuels from coal, oil shale,
and other substances, and grant licenses for work under those
patents (30 U.S.C. §321 et seq.). Alternatively, the Secre-
tary may build such conversion facilities himself as demon-
stration plants (30 U.S.C. §321).
Petroleum refineries, storage vessels for petroleum
liquids, and coal preparation plants are classified as sta-
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tionery sources and subject to the requirements of the Clean
Air Act regulations (40 C.F.R. Part 60, Subparts J, K, Y).
(See generally 4.1 below.) In addition, petroleum refineries
have been classified as point sources of water pollution sub-
ject to NPDES permit requirements and EPA effluent guidelines
and standards (40 C.F.R. Part 419). (See generally 1.1 above
and 4.1 below.)
3.2 Nuclear
In order to use uranium in light water nuclear power
reactors, the concentration by weight of the isotope U-235
must be increased to more than four times its concentration
in naturally occurring uranium. The Nuclear Regulatory Com-
mission operates all existing enrichment plants, but it is
anticipated that future facilities may be privately owned
and/or operated and will be licensed as commercial production
or utilization facilities. (See 10 C.F.R. Part 50, Appendix F,
and 4.2 below.) All radioactive wastes from fuel reprocessing
plants must be disposed of at federal facilities, and operating
licenses for such plants will be conditioned to ensure compli-
ance with radioactive waste disposal requirements (42 U.S.C.
§5842(3); 10 C.F.R. Part 50, Appendix F, §§2-6).
4.0 Generation of Electric Energy
Federal agencies indirectly regulate the location,
construction, and operation of all power plants through per-
mits required for use of federal lands and permits for other
activities such as the discharge of pollutants into the en-
vironment.
If a utility wishes to locate its plant on federal
land, then it must obtain a permit from the agency having
jurisdiction over the land (43 U.S.C. §§931c, 957, 959,
43 C.F.R. §2802.1 et seg.). Such permits constitute "major
federal actions" and require the preparation of an environ-
mental impact statement (EIS) which brings in all of the
public and interagency participation requirements of NEPA.
Similarly, if the plant requires any structure to be erected
in navigable waters, the utility must obtain a permit from
the Army Corps of Engineers (33 U.S.C. 5403). Corps regu-
lations specify that public notice of each application for
a permit be posted in public places and served on all inter-
ested persons including local, state, and federal government
agencies, industry, and conservation organizations (33 C.F.R.
§209.120(1) (1)(11)), and that all such persons be afforded
an opportunity to comment on the application (33 C.F.R.
§209.120 (i) (1) (iii)). Again, the permit will also invoke
the notice and hearing requirements of NEPA (33 C.F.R.
§209.12.0 (i) (1) (iv) ). In addition, Corps regulations stipu-
late that no such permit may issue until the applicant shows
that all other necessary federal, state, and local permits,
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certifications, or other authorizations have already been
obtained (33C.F.R. §§209.120(f)(3), 209.120(h)(2)).
4.1 Fossil Fuel
The Federal government indirectly regulates the
location and operation of fossil fuel electric plants through
air and water pollution control measures. The air pollution
measures include national primary and secondary ambient air
quality standards, federal requirements for state implementa-
tion plans (SIP's), and standards of performance for new and
modified stationary sources.
In promulgating ambient air quality standards, the
Administrator of the EPA must publish proposed standards in
the Federal Register, and allow at most 90 days for inter-
ested persons to submit written comments on those standards
(42 U.S.C. §1857c-4(a)(1)(A,B)).
The development of the SIP begins when the Adminis-
trator, after consultation with state agencies, classifies
air quality control regions as either Priority I, II, or III
(40 C.F.R. §51.3). Based on this classification, the state
prepares its plan. Prior to the adoption of the plan, the
state must conduct public hearings (42 U.S.C. §1857c-5(a)(1)).
Notice of such hearings must be prominently advertised in
the affected region (40 C.F.R. §51.4(b) (1)), the proposed
plan must be available for public inspection in at least one
location in the affected region (40 C.F.R. §51.4 (b) (2)), and
notice of the hearing must be given to the Administrator,
each local air pollution control agency in each region to
which the plan v/ill apply, and to any other states included
in the affected region (40 C.F.R. § 51.4 (b) (3-5)) . The state
must prepare, and retain for the Administrator's inspection,
a record of each hearing held, including a list of the wit-
nesses and the text of each presentation (40 C.F.R. §51.4(c)),
and when the plan is submitted to the Administrator, it must
include certification of fulfillment of the hearing and no-
tice requirements (40 C.F.R. §51.4(d)). Similar notice and
hearing requirements apply to any proposed revision of an
SIP, and to the submission to the EPA of any individual com-
pliance schedule (40 C.F.R. §51.4 (a) (1)) . The state may, if
approved by the Administrator, adopt alternate procedures
for ensuring public participation and public notification of
the opportunity to participate (40 C.F.R. §51.4(e)).
A state SIP must contain adequate provisions for
intergovernmental cooperation, including measures to ensure
that emissions from one air quality control region will not
interfere with pollution control in any other region, and
for public participation (42 U.S.C. §1857c-5(a)(2)(E)).
First, the public must be given an opportunity to comment
on information submitted to the state pursuant to its
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authority to approve or prevent the construction (or modifi-
cation) of a new source, and to comment on the state's pro-
posed action on that information (40 C.F.R. § 51.18(h) (1)).
Specifically, this opportunity must include the availability
for public inspection in at least one location in the affected
region of the information and the state's analysis (40 C.F.R.
§51.18(h)(2)(:)), a 30-day period for submitted comments
(40 C.F.R. § 51.18(h) (2)(ii), prominent advertisement in the
affected region of the location of the information for public
inspection (40 C.F.R. § 51.18(h) (2) (iii)), and notification of
the Administrator, all state and local air pollution control
agencies affected, and any other responsible agency in the
region (40 C.F.R. § 51.18(h) (4)).
Second, the SIP must contain adequate provisions
for the public availability of emission data (40 C.F.R.
§51.10(e)), of emissions projections (40 C.F.R. § 5.11(h) (3))f
and of the implementation plan (40 C.F.R. §52.15). The
emissions data and projections are sent to the Administra-
tor for correlation and public disclosure (40 C.F.R.
§§5.11(h)(3), 52.05). The plan must also provide for
public notice of air pollution emergency episodes (40 C.F.R.
§5.16(b) (2)), and for public availability of data on the
state's assessment of the need for revisions of the plan
(40 C.F.R. §5.11(h) (3)) .
Third, in developing a plan for any interstate
region, the state agency responsible for implementing na-
tional standards in any portion of that region must, upon
request, submit any available data on emissions, air qual-
ity, or control strategy to any other responsible state
or local agency (40 C.F.R. §51.21(a)). The SIP must also
provide procedures for the transmission of information on
factors which may affect air quality in any adjoining re-
gion (e.g. constructin of new plants) to the responsible
agencies in that region (40 C.F.R. §51.21(c)), and may
provide for interagency enforcement of the plan (40 C.F.R.
§ 51.11(e)).
Finally, throughout the entire process of devel-
oping the SIP, the state consults with the Administrator
of the EPA (see generally 40 C.F.R. Parts 51 & 52), and
the plan must provide for notification to the Administrator
if any region is found to be developing at a rate which
would indicate a potential violation of national standards
within 20 years (40 C.F.R. §5.11(h)(4)).
In establishing or revising federal standards of
performance for new or modified stationary sources, the
Administrator must puoLish the proposed standards and afford
interested persons an opportunity to comment thereon
(42 U.S.C. §1857c-6(b) (1) (B)). For enforcing federal
standards of performance for new stationary sources, any
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owner or operator is required to notify the EPA of the date
construction began, of the anticipated and actual dates of
initial startup, of any physical or operational changes to
existing facilities which may increase the emission rate of
any air pollutant, and of the date of commencement of the
continuous monitoring system (40 C.F.R. § 60.7(a) (1-5)).
All emission data, records, reports, or other information
obtained by the Administrator must be made available to the
public (40 C.F.R. §60.9).
Under the Federal Water Pollution Control Act Amend-
ments of 1972, "heat," or thermal discharge, constitutes a
pollutant and is subject to the requirements of the National
Pollution Discharge Elimination System (NPDES), and to the
thermal discharge effluent limitations set by the Act
(40 C.F.R. Parts 122, 125). The NPDES permit system has
already been discussed (see 1.1 above).
The general policy of the FWPCA is to encourage
public participation in the development, revision, and en-
forcement of any regulation, standard, effluent limitation,
plan or program established pursuant to the Act. To this
end, the EPA has promulgated guidelines for public partici-
pation in water pollution control (40 C.F.R. Part 105).
These include public availability of information (40 C.F.R.
§105.4(a-b, e)), notice of activities to all interested
persons (40 C.F.R. §105.4(d, h)), and public hearings,
meetings, and written comments on proposed regulations
(40 C.F.R. §§105.4(h), 105.7). In addition to these mini-
mum requirements, there may be specific requirements in
the Act or in the regulations. For example, §316(a) of
the Act allows any point source operator to challenge the
stringency of the thermal discharge effluent limitations
as applied to that source in conjunction with the appli-
cation for a NPDES permit (42 U.S.C. §316(a)). Public
notice of the application must be given as specified in
the regulations governing NPDES permits (40 C.F.R. §125.32),
and must also include specific information on this thermal
discharge (40 C.F.R. §122.6). Any person may request a
public hearing on the request for alternative effluent
limitations (40 C.F.R. §122.10). The issues of the alter-
native effluent limitations and the NPDES permit applica-
tion may be combined in one hearing (40 C.F.R. §122.10 (a) (3)),
and will be held in accordance with the requirements for a
general NPDES hearing (40 C.F.R. §125.34).
4.2 Nuclear
The Nuclear Regulatory Commission has direct jur-
isdiction over the location, design, construction, and
operation of nuclear power plants through its licensing
of production and utilization facilities (see 2.3 above),
and the EPA has indirect regulating power through thermal
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discharge effluent limitations. No person may begin con-
struction of a production or utilization facility until
NRC has issued a construction permit (42 U.S.C. §2235,
10 C.F.R. §50.10(b)). This prohibition extends to clear-
ing land, excavation, or other substantial action that
would adversely affect the environment of a site (10 C.F.R.
§50.10(c)), unless the applicant receives special authoriza-
tion from the Director of Nuclear Reactor Regulation
(10 C.F.R. §50.10(e)). This special authorization is
subject to NEPA, and the public and interagency partici-
pation requirements for preparing an environmental impact
statement (EIS) (10 C.F.R. §51.5), including public hear-
ings (10 C.F.R. §51.52). Once obtained, a permit author-
izes the applicant to proceed with construction, but does
not constitute NRC approval of the safety of the project
unless the applicant specifically requests such approval
and it is incorporated in the permit (10 C.F.R. §50.35(b)).
Safety design approval must otherwise be obtained by amend-
ment of the construction permit, and is subject to the same
public and interagency notice and hearing requirements as
the permit (42 U.S.C. §2232(b)). The Advisory Committee
on Reactor Safeguards must review each application for a
permit, and must submit a report which becomes part of the
record of the application and is available to the public.
In addition to full public hearings, the NRC must give
notice of the application to each regulatory agency having
jurisdiction over the rates and services of the plant, and
must publish notice to interested municipalities, -private
utilities, public bodies, and cooperatives in appropriate
trade and news publications, and to the public once a week
for 4 weeks in the Federal Register. The permit may not be
issued until at least 4 weeks after the date of the last
Federal Register notice (42 U.S.C. §2232 (c), 10 C.F.R.
§50.43).
Following construction pursuant to the permit and
safety design approval, the applicant must petition for
conversion of that permit to an operating license. NRC
must publish notice of the petition in the Federal Register,
and may hold a public hearing if any interested person re-
quests one (42 U.S.C. §2239(a), 10 C.F.R. §50.58(b)).
Again, the application may be submitted to the ACRS for
review (10 C.F.R. §50.58(a)). Both the construction permit
and the operating license are subject to NEPA, and separate
draft and final environmental impact statements must be
prepared for each (10 C.F.R. Part 50).
The U.S. Environmental Protection Agency also has
jurisdiction over the location, construction, and operation
of nuclear power plants through its regulation of thermal
discharges (see 4.1 above).
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4.3 Hydroelectric
All nonfederally-owned hydroelectric dams and
pumped storage plants must be licensed by the Federal Power
Commission (FPC)(16 U.S.C. §§797(e), 817). The FPC issues
preliminary permits to applicants for licenses to enable
them to secure the data which they must submit with their
license application (16 U.S.C. §797 (f); 18 C.F.R. §4.80).
Notice of the application must be given to any state or
municipality likely to be affected or interested, and must
be published in newspapers in the counties affected
(16 U.S.C. §797(f); 18 C.F.R. §4.81, 1.37), and in the
Federal Register (18 C.F.R. §3.113). If public lands are
affected, notice must also be given to the Secretary of
the Interior so that withdrawals from entry may be re-
corded (16 U.S.C. §818, 18 C.F.R. §4.81).
The FPC may order hearings on the application/
either upon its own motion or upon that of an interested
party. The hearing is limited to the issues specified in
the FPC order (16 U.SC. §825g; 18 C.F.R. §1.37 (a) (1) (iii)) ,
or the FPC or the state commission may propose an alterna-
tive procedure including reference of the matter to a joint
conference, or to a board made up of the members from the
affected states and the FPC (18 C.F.R. §1.37).
The FPC may allow an applicant to perform some
construction work under a preliminary permit, if necessary
to preserve rights under state law, or if desirable as
preparation for construction (18 C.F.R. §4.86).
The same notice requirements apply to applications
for licenses, with the addition of the Fish & Wildlife Ser-
vice (18 C.F.R. §4.31 (a)). Separate licenses must be ob-
tained for construction of the project, and for operation
(18 C.F.R. §§4.40, 4.50). A hearing will be held on appli-
cations for licenses authorizing construction, operation,
or substantial alteration of major projects (18 C.F.R.
§§4.32, 3.114(b)). Otherwise, hearings are discretionary
with the FPC as outlined above in the discussion on pre-
liminary permits.
Federally-owned hydroelectric dams and pumped
storage plants in the Ohio River Basin study area would
be constructed and operated by the Corps of Engineers
(33 U.S.C. §701 et seq., 42 U.S.C. §1962(d)). The Corps
holds a series of public meetings throughout the planning
stages of such projects (33 C.F.R. §209.405). Once the
plans have been finalized, they must be submitted to Con-
gress for approval (33 U.S.C. §701-1).
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5.0 Transmission
The Federal Power Commission issues licenses for
transmission lines originating at power facilities over
which the FPC has jurisdiction (16 U.S.C. §797 (e)). This
includes all hydroelectric, pumped storage, and nuclear
plants (16 U.S.C. §§797(e), 817; 42 U.S.C. §2019). Notice
of the application for the license must be given under the
same requirements as for other FPC licenses. (See 4.3
above,.) Hearings on the application are not required un-
less the FPC conditions the license on the interconnection
of facilities (16 U.S.C. §824a). If the transmission lines
will traverse public lands, the applicant must also obtain
a permit for the right-of-way from the federal agency having
jurisdiction over the lands (16 U.S.C. §797 (e), 43 U.S.C.
§957) (see generally 4.0 above).
6.0 Consumption and Conservation
There are as yet no actual licenses or permits in-
volved in federal regulation of energy consumption. The
provisions of the Energy Policy and Conservation Act (42 U.S.C,
§6201 et seq.) and of the Energy Conservation and Production
Act (42 U.S.C. §6801 e_t seq.) are subject to the rule-making
(notice and hearing) requirements of the Administrative Pro-
cedure Act, and these requirements have been expanded to en-
sure greater public and interagency participation (e.g.
42 U.S.C. §6393).
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B. ILLINOIS
1.0 Extraction of Raw Materials
The Department of Mines and Minerals is the chief
extraction agency in state government.1 It is the enforce-
ment body for the Coal Mining Act of 1953 along with other
duties. The State Mining Board is a part of DMM and it
passes on policy and operations decisions concerning per-
sonnel, inspectors and inspection, statistical compilation
of coal statistics, as well as writing an annual coal
report.
1.1.1 Strip Mining
It shall be unlawful for any operator to engage in
surface mining in an area where the overburden shall exceed
10 feet in depth or where the operation will affect more
than 10 acres during the permit year without first obtaining
from the Department a permit to do so.4 The permit shall
specify such matters as ownership, specifications of excava-
tion, reclamation plans, provisions for drainage and other
technical and administrative information.
1.1.2 Deep Mining
The Department of Mines and Minerals requires certi-
fication of all persons who work the mines in the state
through the issue of certificates of competency.5 All oper-
ators are required to submit map specifications on excava-
tions that are to be made under its jurisdiction.5 Under
rules written by the mining board, operators must obtain
certification from the DMM. The certification includes
assurance of good character of the operator as well as ac-
ceptance of plans submitted for mining.
1.1.3 Waste Disposal
All equipment or facility causing or contributing
to water pollution in any manner must gain a permit from
the Pollution Control Board under the NPDES program of the
federal water pollution law.9 In addition certification
and permits are required by the Board for solid waste dis-
posal sites.
1.2 Gas and Oil
Before any drilling or deepening for oil or gas is
done it shall be the duty of the person having custody or
control of any land upon which he desires to drill to secure
from the Mining Board a permit for such drilling. -1 No per-
son shall drill, convert or deepen a well for the purpose
of injecting gas, air, water, or other liquid into any under-
III-E-184
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ground formation or strata without first securing a permit
from the Mining Board.12 The Department of Mines and Minerals
shall be empowered with respect to public lands to grant per-
mits and leases in the name of the State of Illinois, with
the approval of the Governor in writing, for the extraction
of oil, gas, and other petroleum deposits. The Department
can also enter permit contracts giving exclusive rights for
extraction in designated areas. When applicants have com-
plied with sections 62-88 of Chapter 104 of the Illinois
statutes (pertaining to conservation, spacing, plugging, etc.)/
and when applicants have complied with the rules and regula-
tions adopted by the Mining Board concerning the same, a .. _
permit of general authorization will be given by the Board.
1.3 Water
All actions that affect the pollution of the state's
waters in relation to equipment, facilities, construction,
operation, or installation for extraction purposes requires
a Pollution Control Board permit under the general provisions
and the NPDES program.16' 17
On questions affecting water supply local water
authority trustees are empowered to require permits for
such actions.1°
2.0 Transportation of Raw Materials and Converted
Fuels
The Illinois Commerce Commission is the general
authority in licensing, certification, and permitting in
the area of transportation in the state. -^
2.1.1 Truck
It will suffice to say here that truck carriers
are rec[uired to obtain permits from the ICC if they are
common, contract, or private carrier.20 Licenses, permits,
and certificates and rules and regulations regarding the
same should be fully examined in the text of the Illinois
Annotated Statutes and in the regulations and rules promul-
gated by the ICC.
2.1.2 Rail
The ICC has the power to require adherance to the
rules and regulations that it promulgates regarding rail
rates, schedules, transport, et al. No general permit is
required excepting those documents submitted that indicate
conformance to the requirements of the ICC.21
2.1.3 Barge
Local water authorities are empowered to license
III-E-185
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and regulate water craft, boat docks, wharves, boat houses
and other structures in or on the shore of public reservoirs.22
Water carriers must also conform to the Pollution Control
Board requirements for air pollution restrictions in which
vessels are included.23 No license shall be issued by any
other agency of state government until such time that ves-
sels satisfy the Pollution Control Board's regulations on
effluent control.^4 Carriers must also gain certification
from the Department of Conservation for operation of vessels
in the state's waters, subject to the paramount authority of
the federal government..
2.1.4 Pipeline
Under the provisions of the "Gas Pipeline Safety
Act," each person who engages in the transportation of gas
or who owns or operates pipeline facilities shall file with
the ICC a plan for inspection and maintenance of each pipe-
line facility owned or operated by such person.26 Written
consent by highway authorities is required before pipeline
can be laid on rights-of-way or under road beds.27
2.2 Hazardous Materials - Non-nuclear
The ICC maintains authority for movement of all
commodities and materials by commercial carrier in the
state.28 The Commission requires a certificate which
attests sufficient indemnity bonds or insurance in lieu
of bonds. y Under the Illinois Vehicle Code the Depart-
ment of Transportation requires compliance assurance for
transport of explosives. " When transport occurs with
activities that relate to the jurisdiction of the Depart-
ment of Mines and Minerals a certificate of compliance
to safety regulations is required.31
The Uniform Hazardous Substances Act provides
for inspection and investigation by the Department of Pub-
lic Health concerning manufacturing, storing, processing,
and marketing of hazardous substances. (See 111. Ann.
Stat. 111% §252 e_t seq.)
2.3 Hazardous Materials - Nuclear
Under the Illinois Vehicle Code, vehicles carrying
radioactive material must specifically conform to rules set
by the Department of Transportation regarding such trans-
port. The Department of Public Health has jurisdiction
of nuclear materials,handling and licensing of the same, by
virtue of two major acts: 1) The Radiation Protection Act,
and 2) the Uniform Hazardous Substances Act.33'34 Licensing
is required under both jurisdictions.
3.0 Raw Material Conversion - All Fuels
III-E-186
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4.0 Generation of Electrical Energy - All Fuels
The IllinoisCommerce Commission is the regulatory
body of general jurisdiction relating to utilities. No
public utility shall begin the construction of any new plant,
equipment, property, or facility which is not in substitu-
tion of any existing plant, equipment, property, or facility
or In extension of the same until a certificate of convenience
and necessity is acquired from the Commission.3^ Authoriza-
tions for these classifications under the Electric Supplier
Act will not require a certificate of convenience and necess-
ity but shall have upon authorization from the Commission,
the same force and effect of the certificate.37 The Radia-
tion Protection Act provides for policy and programs for the
evaluation and determination of exposures associated with
the use of radiation and for control; hearings are also
authorized to be held by the Department of Public Health.38
The Pollution Control Board also has broad powers
on facility sitings in the state in addition to the broad
authorities vested in the ICC.39 The General Assembly makes
the following statutory provision:
"A person, corporation, or public authority
intending to construct a nuclear steam generating
facility or a nuclear fuel reprocessing plant
shall file with the Board an environmental feas-
ibility report . . . concurrently with filing
of the preliminary safety analysis required to
be filed by the United States Atomic Energy
Commission.*40
No nuclear steam generating facility or plant
will be constructed without a permit from the Board. 1 For
any type of a plant (all fuels) the board may adopt rules
and regulations on any source that may cause environmental
degradation in the state. ^ The Board specifically requires
a NPDES permit for any action that will affect waters of the
state. 3 Additionally permits are required from the Board
for the construction, installation, or operation of any type
of facility, equipment, vessel, aircraft, or sanitary land
fill as it relates to air, water, or land pollution. ' ^
5.0 Transmission of Electrical Energy
The Department of Conservation is authorized to
grant licenses and rights-of-way within the areas controlled
by the Department for the construction of electrical trans-
mission lines. ° The Pollution Control Board maintains gen-
eral permit authority under the general provisions that
*Now called the Nuclear Regulatory Commission,
III-E-187
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enable it to make rules and regulations that affect environ-
mental quality in the state.47
6.0 Conservation/Consumption by Consumer
There exists specific prohibitions against waste
of oil and gas in operations that are under the jurisdiction
of the Department of Mines and Minerals.^8 The state also
participates in various federal-state conservation coopera-
tive efforts. No particular permit structure was found to
exist that governs this area.
III-E-188
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REFERENCES
1. 111. Ann. St. Ch. 93 §1.11
2. Ch. 93 §1.01
3. Ch. 93 §2.02
4. Ch. 93 §2.04
5. Ch. 93 §3
6. Ch. 93 §7
7. Ch. 93 §3.01
8. Ch. 93 §3.04, §3.06
9. Ch. lllJs §1012 (b)(c), §1039
10. Ch. 111*5 §1022
11. Ch. 104 §73
12. Ch. 104 §69(b)
13. Ch. 104 §39
14. Ch. 104 §40
15. Ch.. 104 §67a
16. Ch. 111*5 §§1039, 1040
17. Ch,. 111% §§1011, 1012
18. Ch.. Ill 2/3 §227
19. Ch. Ill 2/3, generally, regarding ICC; Ch. 95*2-100
20. Ch.. 95*5 §18-201 - 313 (Art. Ill)
21. Ch. Ill 2/3 §52
22. Ch. Ill 2/3 §242
23. Ch. 111*5 §1009(b)
24. Ch. Ill's §1048 (a) (b)
25. Ch. 95*j §311-3
26. Ch. Ill 2/3 §555
III-E-189
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27. Ch. 121 §9-113
28. Ch. Ill 2/3, Commerce Commission, Ch. 95% §18-702
29. Ch. 95% §18-701
30. Ch. 95% §12-704
31. Ch. 93 §151
32. Ch. 95% §704.1
33. Ch. 111% §211 et seq.
34. Ch. 111% §252 et seq.
35. Ch. Ill 2/3 §1 et seq.
36. Ch. Ill 2/3 §56
37. Ch. Ill 2/3 §56
38. Ch. 111% §218.1.2
39. Ch. 111% §1025(a)
40. Ibid.
41. Ibid.
42. Ch. 111% §1027
43. Ch. 111% §1039
44. Ibid.
45. Ch. 111% §1012
46. Ch. 127 §63a7
47. Ch. 111% §1039
48. Ch. 104 §62a
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C. INDIANA
1.0 Extraction Raw Materials
1.1 Strip Mining
Any operator desiring to engage in commercial strip
mining shall make written application to the director of the
Department of Natural Resources for a permit (1C 14-4-2-2).
Under the strip mine reclamation provisions, the Natural Re-
sources Commission has the power to grant, suspend, revoke,
modify or release permits for surface mining (1C 13-4-6-3).
No person shall engage in surface mining unless such person
possesses a valid permit obtained from the Commission desig-
nating the area of land affected by the operation (1C 13-4-6—5)
The Stream Pollution Control Board or an appropriate agency
may establish requirements for permits to control air pollu-
tion, water pollution, garbage disposal, refuse disposal and
other environmental degradations (1C 13-7-10-1). Facilities
permits that and discharge permits are required for potential
contaminants into the state's natural resources (1C 7-10-2)
(1C 7-10-3).
1.1.2 Deep Mining
No test holes may be drilled without a permit is-
sued by the DNR (13-4-5-5, Reg. No. 21). The Bureau of Mines
and Mining has general jurisdiction over mining in Indiana
(22-1-1-4 - 2-1-1-6). The BMM requires certification of per-
sonnel, shaft construction and safety measures.
1.1.3 Waste Disposal
The Stream Pollution Control Board requires dis-
charge permits into the state's waters (1C 13-7-10-3); such
permits are those required under the NPDES program of the
federal water pollution law. Any solid waste generated
from the production, excavation, or other activity must
be provided for with a permit from the SPCB (13-7-10-1).
1.2 Oil and Gas
No person, firm, or corporation shall begin sinking/
or start drilling, deepening, or converting any well for oil
or gas purposes, including geological or structure test wells,
water and gas input wells, disposal wells, and storage wells,
and nonpotable water supply wells until such person, firm,
or corporation has received a permit from the DNR (1C 13-4-7-7,
1C 13-4-7-9, 13-4-7-20).
1.3 Water
I
The NPDES permit applies to all such operations
associated with extraction of raw materials.
III-E-191
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2.0 Transportation
2.1 Non-Hazardous Materials
There are no special permits or licenses required
of common carriers or contract carriers for the transporting
of non-hazardous materials utilized in the electrical gen-
eration process — e.g. coal, raw materials, supplies, etc.
The general license and permit requirements apply.
2.2 Hazardous Materials - Non-Nuclear
As in the case of the transportation of non-hazard-
ous materials utilized in the electrical energy generation
process, there are no special permits required merely because
such materials are to be used in the generation process. In
other words, the same general permit and license requirements
would apply.
The Gas Pipeline Safety Act (1C 1971, Ch. 8-1-22.5)
authorizes the Public Service Commission to supervise gas
pipeline operations primarily in accordance with federal
standards (1C 1971, §8-1-22.5-4). While reports are required,
a state permit or license is not. (See Burns Ind. Admin.
Rules & Regs. Ch. (8-1-22.5)).
2.3 Hazardous Materials - Nuclear
The transportation of nuclear fuels is regulated
primarily by the federal Nuclear Regulatory Commission.
Common and contract carriers are expressly exempt by regu-
leition as are U.S. Atomic Energy (now Energy Research &
Development Administration) contractors (Burns Ind. Admin.
Rules & Regs. (13-1-2-11)-!).
3.0 Raw Material Conversion - All Fuels
4.0 Generation of Electrical Energy - All Fuels
No operating permit for a new facility shall be
granted until all construction specified by the construction
plan permit is completed, nor will any operating permit be
issued for a new facility which does not hold a valid con-
struction plan permit from the APCB (13-7-10-1)-22. No per-
son shall commence construction or modification of any sta-
tionary source without first obtaining approval from the
APCB for the location and design of such source (13-7-10-1)-23,
All stationary sources in operation or production of April 16,
1973, must have a valid operating permit from the APCB
(13-7-10-D-24.
All discharges of pollutants into surface or sub-
surface waters of the state as a point source discharge,
III-E-192
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whether or not in compliance with an outstanding order or
stipulation with the SPCB is prohibited unless a valid
NDDES permit is obtained prior to discharge from the SPCB
(13-7-10-3)-2. Refuse permits for all refuse processing
facilities are required by the SPCB (13-7-10-1)-59. No
person shall construct or operate a nuclear powered gen-
erating facility or nuclear fuel reprocessing plant or in-
crease the capacity of such an existing facility without
a permit from the Environmental Management Board (1C 13-7-9-1)
5.0 Transmission of Electrical Energy
It is unlawful for any person to construct, anchor,
move in or erect any building, dock structure, etc. on land
owned or operated or under easement to the Department of
Natural Resources (DNR Reg. §9, Purs. 14-3-1-14).
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D. KENTUCKY
1. Q Extraction of Raw Materials
1.1 Coal
There are two main agencies of state government that
let permits and licenses as they relate to the extraction of
coal in Kentucky. These two are generally the Department of
Natural Resources and Environmental Protection and the Depart-
ment of Mines and Minerals1' others involved become so in
secondary ways. The DNREP is required to hold public hearings
on the adoption of rules, regulations, and standards as they
relate to their specific duties in this area.3
1.1.1 Strip Mining
No operator shall engage in strip mining without having
first obtained from the DNREP a permit designating the area of
land affected by the operation.4 Within 45 days after January
first of each year, the owner, operator, or lessee of each mine
shall procure from the DMM a license to operate such a mine...
any owner, operator, or lessee who assumes control of a mine,
opens a new mine, or reopens an abandoned mine during any
calendar year shall procure such license before mining opera-
tions are begun.5
1.1.2 Deep Mining
The general requirements of the DMM for licensing
indicated in 1.1.1 also apply to deep mining.6
1.1.3 Waste Disposal
No persom shall dispose of solid waste at any site or
facility other than a site or facility for which a permit for •
solid waste disposal has been issued by the Department of
Health.7
1.2 Natural Gas and Oil
The Department of Mines and Minerals must hold hearings
whenever there is a possible conflict between well drilling and
coal deposits. This requirement is stated as follows:
"If the drilling of a well on any tract underlaid with
coal-bearing strata will endanger the present or future use or
operation of a workable coal bed, the ov/ner or coal operator
affected may, within five (5) days from the receipt of the plat
by him and by the department, file with the department specific
objections in writing to such proposed location, and if the
objections are so filed the department shall notify the well
III-E-194
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operator of the character of the objections and shall fix a
time and place for a, hearing, not more than ten (.10) days
after the end of the five-day period, at which hearing the
objections shall be considered. At the hearing the well
operator and the coal operator or owner, or such of them as
are present or represented, shall consider the objections
and either agree upon the location as proposed or change it
so as to satisfy all objections and meet the approval of the
department. Any new location thus selected and agreed upon
shall be indicated on a plat in accordance with KRS 353.050
and thereupon the department shall issue to the well operator
a drilling permit approving the new location and authorizing
the well operator to drill at the location. If the coal
operator and well operator, or the owner and well operator,
are unable to agree, the department shall, in view of the
purposes and intent of this chapter and in compliance there-
with, fix a location on the tract as near the proposed loca-
tion as possible and shall issue to the well operator a permit
to drill at the new location. If no objections are filed
within the five-day period the department shall immediately
issue to the well operator a dwelling permit approving the
location and authorizing the well operator to proceed to drill
there."
Additionally, the DMM has the following permit authority:
"(1) Except as provided in KRS 353.500 to 353.720,
no permits shall be issued for the drilling, deepening, or
reopening of any shallow well for the production of oil, unless
the proposed location of the well shall be at least three
hundred thirty (330) feet from the nearest boundary of the
premises upon which the well is to be drilled, deepened or
reopened; and, the proposed location must be at least six
hundred sixty (660) feet from the nearest oil producing well.
This subsection shall not be construed to regulate the dis-
tance between wells which do not produce oil from the same pool.
(2) Except as provided in KRS 353.500 to 353.720,
no permit shall be issued for the drilling, deepening or
reopening of any shallow well for the production of gas unless
the proposed location of the well shall be at least five
hundred (500) feet from the nearest boundary of the premises
upon which such well is to be drilled, deepened or reopened;
and, the proposed location must be at least one thousand (1,000)
feet from the nearest gas producing well. This subsection shall
not be construed to regulate the distance between wells which
do not produce gas from the same pool.
(.3) This section shall not apply:
(al To wells drilled, deepened, or reopened for the
injection of water, gas or other fluids into an oil or gas
producing formation.
(b) To any well drilled, deepened or reopened in a
pool or portion thereof, which is included in a secondary
1II-E-195
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recovery program commenced or proposed, if the location or
proposed location of the well conforms to a geometric pattern
already established on all premises which will be offset and
affected by the well.
(c) To wells drilled or deepened as water supply
wells and geological or structure test holes; or
(d) To premises within the limits of any incorporated
city, town or village which has enacted or enacts hereafter an
ordinance regulating the location or spacing of wo;lls for the
production of oil and gas at distances of not less than the
distances prescribed in this section.
(e) To .wells for the production of oil to be drilled,
deepened, or reopened and completed at a depth of less than
two thousand (2,000) feet where there are no workable beds of
coal at lesser depths and the formation from which the oil is
expected to be extracted is not appreciably affected by factors,
as determined by the commissioner, other than natural drainage.
The location of wells for the production of oil coming within
this exception shall be at least two hundred (200) feet from
the nearest boundary of the premises upon which the well is to
be drilled, deepened or reopened; and the proposed location
must be at least four hundred (400) feet from the nearest oil
producing well. This subsection shall not be construed to
regulate the distance between wells which do not produce from
the same pool. (Enact. Acts 1960, ch. 103. §13; 1966, ch. 147,
S3; 1974, ch. 45, §4; 1976, ch. 134, §1.)"8
1.3 Water
The Department of Natural Resources and Environmental
Protection has broad permit authority in the area of water
resources. As it relates to plans for dams, levees, and other
obstructions or impoundments the following statute applies:
"(1) Notwithstanding any other provision of law, no
person and no city, county, or other political subdivision of
the state, including levee districts, drainage districts,
flood control districts or systems, or similar bodies, shall
commence the construction, reconstruction, relocation or
improvement of any dam, embankment, levee, dike, bridge, fill
or other obstruction (except those constructed by the state
highway department) across or along any stream, or in the
floodway of any stream, unless the plans and specifications
for such work have been submitted by the person or political
subdivision responsible for the construction, reconstruction
or improvement and such plans and specifications have been
approved in writing by the division and a permit issued.
However, the division by regulation, may exempt those dams,
embankments or other obstructions which are not of such size
or type as to require approval by the division in the interest
of safety or retention of water supply.
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(.2) No person, city, county or other political sub-
division of the state shall commence the filling of any area
with, earth., debris, or any other material, or raise the level
of any area in any manner, or place a building, barrier or
obstruction of any sort on any area located adjacent to a
river or stream or in the floodway of the stream so that such
filling, raising or obstruction will in any way affect the
flow of water in the channel or in the floodway of the stream
unless plans and specifications for such work have been sub-
mitted to and approved by the division and a permit issued
as required in subsection (1) above.
(3) Nothing in this section is intended to give the
division any jurisdiction or control over the construction,
reconstruction, improvement, enlargement, maintenance or opera-
tion of any drainage district, ditch, or system established for
agricultural purpose, or to require approval of the same except
where such obstruction of the steam or floodway is determined
by the division to be a detriment or hindrance to the benefi-
cial use of water resources in the area, and the person or
political subdivision in control thereof so notified. (Enact.
Acts 1966, ch. 23, §29.)"9
Additionally, the Division of Water in the DNREP has
jurisdiction over the following statutory permit provisions:
KRS Ch. 151.140. No person, business, industry, city/
county, water district, or other political subdivision shall
have the right to withdraw, divert, or transfer public water
from a stream, lake, ground water source or other body of
water, unless such person, business, industry, city, county,
water district or other political subdivision has been granted
a permit by the division for such withdrawal, diversion, or
transfer of water. Provided however, no permit shall be re-
quired and nothing herein shall interfere with the use of
water for agricultural and domestic purposes including irriga-
tion; and no permit shall be required for the customary use of
water in manufacturing operations, including the production of
steam, or for use in industrial processing or manufacturing
provided such water is returned in substantially the same
quantity and condition as it is withdrawn, or for water in-
jected underground in conjunction with operations for the
production of oil or gas. (Enact. Acts 1966, ch. 23, §18.)
KRS Ch. 151.150. Application for permit—Withdrawal
of water from public waters.
(1) Any person, business, industry, city, county,
water district or other political subdivision desiring to
withdraw, divert, or transfer public water must register with
the division and submit an application for a permit on a form
to be supplied by the division.
(2) Any person, business, industry, city, county,
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water district or other political subdivision withdrawing,
transferring or diverting public water from a stream, lake,
ground water source, or other body of public water within
or along the borders of the commonwealth without a permit
as required in KRS 151.140 shall be subject to the penalties
provided in KRS 151.990. (Enact. Acts 196G, ch. 23, §19J
KRS Ch. 151.160. Record and report of water withdrawn
under permit—Inspection.
(1) All public water withdrawn pursuant to a permit
under KRS 15.1.140, must be recorded and a report thereof kept
and sent to the division as hereinafter provided.
(.2) Beginning July 1, 1967, all persons, business,
industries, cities, counties, water districts and other poli-
tical subdivisions withdrawing, diverting or transferring
public water under a permit from the division, must record
the amount of water withdrawn, diverted or transferred each
day. Quarterly reports, on forms to be supplied by the divi-
sion, indicating amounts of public water withdrawn, diverted
or transferred, shall be timely submitted to the division.
(3) The division or any of its authorized representa-
tives shall have the right to enter and inspect water withdrawal
records at all times to determine whether such records are
correct and in proper order.
(4) The wilful failure to keep accurate records of
the withdrawal, diversion, or transfer of public water or the
failure to timely submit quarterly reports upon demand by the
division shall subject the permit holder to being called for
a hearing before the division and possible penalties under
KRS 151.990. (Enact. Acts 1966, ch. 23, §20.)
KRS Ch. 151.170. Permits to be specific—When issued—
Amendment.
(1) All permits issued under KRS 151.140 shall be
specific in terms of quantity, time, place and rate of diver-
sion, transfer or withdrawal of public water. Such permits
represent a limited right of use and do not vest ownership nor
an absolute right to withdraw or use the water.
(2) The director of the division shall issue a permit
to the applicant if an investigation by the division reveals
that the quantity, time, place or rate of withdrawal of public
water will not be detrimental to the public interests or rights
of other public water users. No permit shall be denied to a
responsible applicant who has established an amount of water
for which he has a need for a useful purpose, provided the
requested amount of water is available.
(.3) A permit may be issued for an amount of water
withdrawal less than that applied for, if found by the division
to be in the best interests of the public or other water users.
(.4) Permits for the withdrawal, transfer, or diversion
of public water may be amended at any time upon application to
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the division by the withdrawer, or by the division when the
quarterly reports indicate that the withdrawer is using sub-
stantially less than the permit amount. (Enact„ Acts 1966,
ch. 23, §21.1
Kentucky Law Journal. Tar lock., Preservation of
Scenic Rivers, 55 Ky. L. J. 745 (1967).
KRS Ch. 151.180. Notice and hearing before denial
of permit—Appeals.—
Prior to the denial of an application for a water
withdrawal permit or the issuance of a permit for amounts less
than the applicant applied for, the person, business, industry,
city, county, water district or other political subdivision
aggrieved thereby, shall be notified by the division and given
an opportunity to appear before the division and be heard.
Within thirty C30) days of an order of the division denying
a permit, or an order issuing a permit in amounts less than
those applied for, the aggrieved person may appeal the order
of the division to the circuit court of the county in which
the applicant resides as provided in KRS 151.190. (Enact. Acts
1966, ch. 23, §22.)
KRS Ch. 151.190. Judicial review on appeal—Procedure.—
Any person aggrieved by a final order of the division
may obtain a review of the order by filing in the circuit court
of the county in which the applicant resides, within thirty (30)
days after entry of the order, a written petition praying that
the orde:r be modified or set aside in whole or in part. A copy
of the petition shall be forthwith served upon the division,
and thereupon the division shall certify the file in court a
copy of the record before the division, including therein all
pleadings, orders, documentary exhibits and stenographic tran-
script of testimony before the division. When these have been
filed, the court shall have exclusive jurisdiction to affirm,
modify, enforce or set aside the order, in whole or in part.
No objection to the order may be considered by the court unless
it was urged before the division or there was reasonable grounds
for failure to do so. The findings of the division as to the
facts, if supported by substantial evidence, are conclusive.
If either party applies to the court for leave to adduce addi-
tional evidence, and shows to the satisfaction of the court
that the additional evidence is material and that there were
reasonable grounds for failure to adduce the evidence in the
hearing before the division, the court may order the additional
evidence to be taken before the division in such manner and
upon such condition as the court may consider proper. The
division may modify its findings as to the facts, by reason of
the additional evidence so taken; and it shall file any modi-
fied or new findings with the court, which if supported by sub-
stantial evidence shall be conclusive, and may file any recommen-
dation for the modification or setting aside of the original
III-E-199
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order. The commencement of proceedings under this section does
not, unless specifically ordered by the court, operate as a stay
of the division's order. An appeal may be taken from the judg-
ment of the circuit court to the Court of Appeals on the same
terms and conditions as an appeal is taken in any civil action.
(Enact. Acts 1966, ch. 23, §23.)
KRS Ch. 151.200. Temporary allocation of water supply
among users—Diversion as between streams or watershed.
(.1) Notwithstanding the existence of any permits for
the withdrawal, diversion, or transfer of public water, in times
of drought, emergency, or other similar situations requiring a
balancing of the rights and available water between water users,,
the division, with the approval of the authority may temporarily
allocate the available public water supply among water users and
restrict the water withdrawal rights of permit holders, until
such time as the condition is relieved and the best interests
of the public are served.
(.2) The division, with the approval of the authority,
may issue a permit for the transfer or diversion of public water
from one (.1) stream- or watershed area to another, where such
transfer is consistent with the wise use of the public water
of the commonwealth and is in the best interests of the public.
(Enact. Acts 1966, ch. 23, §24.)
Collateral References. 56 Am. Jur.,
Waters, §373.
93 C.J.S., Waters, §§59-61.
KRS Ch. 151.210. Use of water by landowner for domestic
purposes--Impounding and conserving water, permitted when.—
(1) Any owner of land contiguous to public water shall
at all times have the right to the use of water therefrom to
satisfy his needs for domestic purposes, which shall include
water for household purposes, drinking water for poultry, live-
stock and domestic animals. The use of water for such domestic
purposes shall have priority and be superior to any and all
other uses.
(2) An owner or group of owners of land contiguous to
public water, operating under a withdrawal permit, shall have
the right to impound and conserve water for their use by impound-
ing such water behind a dam in the natural stream bed or on their
land, when the flow of the stream or level of the lake is such
that the impounding will not impair existing uses, or will not
unreasonably interfere with a beneficial use by other users. An
obstruction placed across a natural stream shall be approved by
the division as provided in KRS 151.250, and shall provide an
outlet for the release of water which the owner is not entitled
to use or withdraw under KRS chapters 146, 149, 151, 262, 350.029
and 433.750 to 433.757, and the owner shall operate the outlet in
accordance with this provision. (Enact. Acts 1966, ch. 23, §25.)
KRS Chapter 224 provides for hearings and permits in
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the following manner;
1. DNREP requires a permit for construction and
operation of any disposal system that would effect the quality
of the water.-'- •
2. Permit is required on any outlet through which
sewage,, industrial wastes, or other wastes may be thrown,
drained, run, or otherwise discharged into the waters of the
commonwealth .-^
3. Other actions that effect effluent discharges
into the water of the state require a DNREP permit.-^
2.0 Transportation of Raw Materials and Converted Fuels
All motor transportation is within the jurisdiction
of the Department of Motor Transportation which has permit-^
ting authority in the commonwealth.-1-^' -^ Any commercial
motor carrier must obtain a permit from DMT.. There are
several specific, specialized permits required under KRS 281
that are not mentioned in the above citation; however, the
principle applies to each that they operate under the pro-
visions of the statutory authority of DMT. Other transpor-
tation related to the special areas of rail, water, and
pipeline are cited below.
2.1 Non-Hazardous materials
2.1.1 Truck
In general the KRS Chapters 186 and 281 which describe
the duties, authorities, and licensing authorities of the De-
partment of Public Safety and the Department of Motor Transpor-
tation are the main legal sections governing truck traffic in
Kentucky. These are statutes of general governance that apply
to all carriers, type of load included.
2.1.2 Rail
The Railroad Commission is the cognizant railroad
regulatory body in the commonwealth. ^ The Commission requires
a certificate of incorporation by any rail carrier.^-6 Without
such certificate no rail carrier can operate in the state.
2.1.3 Barge
The Railroad Commission is the regulatory guj.de for
the barge carriers. Permit (certification) is required by the
Commission as it relates to this form of commercial traffic.17
III-E-201
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2.1.4 Pipeline
While there is no statutory provision for pipeline
permits per se, the corporations engaged in pipeline trans~
port are under the supervision of the Public Service Com-
mission relating to standards of safety location, and con-
venience. 18 The pipeline operation is a common carrier by
definition and is under the general guides applying to the
same.19
2.2 Hazardous Materials — Non-Nuclear.
The Railroad Commission sets standards of marking,
storage, packing, and transport of explosives and other haz-
ardous materials by rail or barge. 2() For motorized traffic
the Department of Motor Transportation is the authoritative
source. In either case general certification apolies under
the chartering statutory processions of the Commission and
the Department.
2.3 Hazardous Materials — Nuclear
Licenses to handle radioactive material may be
exercised by the following agencies as it applies to their
general areas of authority:21
1. State department of health, particularly as to
hazards to public health and safety, including the protection
of air space and all ground and surface v/aters, in cooperation
with other pollution control agencies;
2. The department of labor and the workmen's compen-
sation board, particularly as to hazardous working conditions
and to the time and character of proof of claims of injuries
and disease and the extent of the compensation liable therefor;
3. The department of motor transportation, parti-
cularly as to the transportation of special nuclear materials
and by-product material on highways of the commonwealth;
4. The railroad commission, particularly as to the
transportation of special nuclear materials and by-product
material by common carriers in intrastate commerce on the
railroads of the commonwealth;
5. The department of aeronautics, particularly as to
the transportation of special nuclear materials and by-product
material by air;
6. The public service commission, particularly as to
the participation by public utilities subject to its jurisdic-
tion in projects looking to the development of production or
utilization facilities for industrial or commercial use;
7. The department of insurance, particularly as to
the insurance of persons and property from hazards to life
and property resulting from atomic energy development;
8. Department of natural resources, particularly
as to the hazards, if any, to the natural resources of the
commonwealth;
III-E-202
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9. Department of fish and wildlife resources,
particularly as to the protection, of wildlife within the
commo nwe a1th«
1Q. Department of mines and minerals, particularly
as to the posibility of disposal of radioactive wastes in
subterranean areas;
11. Such other departments and agencies, including
additional departments and agencies of political subdivisions
of the commonwealth, as the governor may direct and for the
purposes specified by him. (Enact. Acts 1953, ch. 146, §3,
effective June 19, 1958.)22
It should be noted that the Governor must approve all
rules arid regulations promulgated by the above authorities.
3.0 Raw Material Conversion
All facilities that shall convert any type of raw
material into fuel for electrical energy, must have a certifi-
cate of convenience and necessity from the public service
commission.23 Any agency of state government as outlined in
Chapter 152.120 may cause permits and certificates to be
required subject to approval by the Governor.2^
4.0 Generation of Electrical Energy -— All Fuels
In addition to the Public Service Commission authority
stated in 3.0, the DNREP requires a statement of environmental
cornpatability of any generating site to determine its comform-
ance to the provisions of Chapter 224. The Commission is the
final arbiter which requires and secures a certificate of
environmental compatability on all sites. In the Commission's
decision, it must weigh community needs, industrial develop-
ment, customer needs, and other considerations against adverse
environmental factors. (Note: For a summary discussion of
this, see Kell, Final Report on the Kentucky Environmental and
Economic Development Project, Chapter on "Jurisdiction Over
Energy in Kentucky," Legislative Research Commission, IBN 111,
1975.
5.0 Transmission of Electrical Energy
Under the eminent domain statute the utility companies
may establish without license, and by virtue of the statutory
authority described may acquire suck properties as are required
to transmit electrical energy either by condemnation or by
agreement.25 Authorization for transmission is included in the
certificate of convenience and necessity provided by the public
service commission.26 Statutory provision for use of highway
rights-of-way is the domain of the Department of Highways from
which the carrier must gain a permit.2?
6.0 Consumption/Conservation by the Consumer
Except for provisions on rate, tax, and other rules,
III-E-203
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regulations and standards in the public service commission
statutes, there is little to be found in Kentucky statutes
about this, area- (.6.1-^6.3) It is worth noting, however, the
following statute;
KRS Ch. 353.520. Territorial application of KRS
353.5QQ to 353.720 — Waste of oil and gas prohibited.
(1) KRS 353.500 to 353.720 shall apply to all lands
located in the commonwealth, however owned, including any
lands owned or administered by any government or any agency
or political subdivision thereof, over which the commonwealth
has jurisdiction under its police power.
(2) The waste of oil and gas is hereby prohibited.
The waste prohibited includes physical waste as that term is
generally understood in the oil and gas industry and includes:
(a) The locating, drilling, equipping, operating or
producincf of any oil or gas well, or wells drilled, deepened,
or reopened in a manner that causes, or tends to cause, a
reduction in the quantity of oil or gas ultimately recoverable
from a pool under prudent and proper operations, or contrary
to any provision of, or any order, rule or regulation promul-
gated or issued under KRS 353.500 to 353.720;
(b) Permitting the migration of oil, gas or water
from the stratum in which it is found into other strata,
thereby ultimately resulting in the loss of recoverable oil
or gas, or both;
(c) The drowning with water of any stratum or part
thereof capable of producing oil or gas in paying quantities,
except for secondary recovery purposes, or in hydraulic frac-
turing or other completion practices;
(d) The unreasonable damage to underground, fresh
or mineral water supply, workable coal seams, or other mineral
deposits in the operations for the discovery, development,
production or handling of oil and gas;
(e) The unnecessary or excessive surface loss or
destruction of oil or gas or their constituents; and
(f) The drilling of more wells than are reasonably
required to recover efficiently the maximum amount of oil and
gas from a pool.
(3) The production of oil or gas from any well in
any pool unless a permit has been issued as required by
KRS 353.500 to 353.720, or in violation of the spacing provisions
of KRS 353.500 to 353.. 720, is prohibited; except that this sub-
section shall not prohibit the continuation of production of oil
or gas from a well producing oil or gas on June 16, 1960. (Enact,
Acts 1960, ch. 103, §3; 1974, ch. 45, 52.)
It should also be noted that the commonwealth has a
fuel allocation program and a state conservation plan in co-
operation with the Federal Energy Administration through the
Kentucky Energy Council.
III-E-204
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INFERENCES
1» KRS Ch. 350 f generally
2. KRS Ch. 351, generally
3. KRS Ch. 350.029
4. KRS Ch. 350.060
5. KRS Ch. 351.175
6. Ibid
7. KRS Ch. 211.707
8. KRS Ch. 353.610
9. KRS Ch. 151.250
10. KRS Ch. 224.060(3)
11. KRS Ch. 224.060C2J
12. KRS Ch. 224.060(4}(5)
13. KRS Ch. 281.590, .595, .600
14. KRS Ch. 281.615, .616, .617, .618, .620
15. KRS Ch. 276.030
16. KRS Ch. 277.010
17. KRS Ch. 276.030 .
18. KRS Ch. 278.485
19. KRS Ch. 278.470
20. KRS Ch. 276.450
21. KRS Ch. 152.125
22. KRS. Ch. 152.120
23. KRS Ox. 278.02Q
24. KRS Ch. 152.125
25. KRS Ch. 416.130
26. KRS Ch. 278.020
27. KRS Ch. 416.140
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E. OHIO
1.0 Extraction of Raw Materials
The Division of Geological Survey collects data per-
taining to mining and other extracting processes and forwards
such data to ODNR or to ODIR.1 As for waste disposal and
reclamation, primary jurisdiction rests with ODNR, but acid
mine drainage would also be subject to regulation by OEPA,
which has general jurisdiction over waste pollution and waste
control. '•* Permits to dispose of waste from industry, manu-
facture, trade or business are required under ORC 6111.45 and
OEPA has general authority to supervise disposal of sev/age and
industrial wastes.4 Local public health officials may request
action by OEPA.5
1.1.1 Strip Mining
Primary jurisdiction is housed in the division of
reclamation in the Ohio Department of Natural Resources (ODNR),
under Ohio Revised Code. The Ohio strip mining law is rather
stringent as such laws go. It is administered by the Chief
of the Division of Reclamation, who has the power to issue
rules, designate certain areas as unsuitable for strip mining/
and issue cause and desist orders to violators of the law.^
In order to obtain a permit, an operator must apply to the
chief of the Division of Reclamation and must possess insur-
ance sufficient to cover liability for damages, including
property damage.8 Permits are only granted upon presentation
of a plan for mining and reclamation (including post-mining
use of the area.9 The operator must post a surety bond of at
least $5,000, the amount to be determined by the chief and
the operator must file quarterly reports. ^ There is also
established a Reclamation Board of Review to which an ag-
grieved operator may file an appeal with subsequent appeal
to the Court of Common Pleas of Franklin County.11 Detailed
reclamation requirements are in ORC 1513.16) . •*•* Rules are
provided for surface mining of other minerals than coal in
ORC 1514.01 e_t seq. Where there are environmental effects
of strip mining on air, water, or land, the jurisdiction of
ODNR is shared with the Ohio Environmental Protection Agency.13
1.1.2 Deep Mining
The division of mines of the Ohio Department of
Industrial Relations (ODIR) has jurisdiction over deep-
mining. ^ Where there is an impact on the environment, the
OEPA would be involved.I5 Rules and regulations are made
by the chief of the Division of Mines.lf> He is to designate
townships where coal may be mined.1? There is a mine exam-
ining board created for the purpose of examination of mine
foremen, mine electricians and fire bosses.18 Rules gov-
erning construction, maintenance, and abandonment of mines
III-E-206
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are covered in ORC 4153. Mines may not be located within
25 feet of any well nor may the mouth of the mine be within
300 feet of an oil or gas producing well.19
1.1.3 Waste Disposal
Regulation of land fills is under OEPA. See EP-20
and ORC 3734. Local boards of health may also regulate under
ORC 3734.04.
1.2 Gas and Oil
Oil and gas are covered by ORC 1509, and are gener-
ally handled by the division of oil and gas, ODNR.2^ Drill-
ing requires a permit and this also included the conversion
of a well to any use other than its original purpose. A
surety bond is required and any land disturbed during drill-
ing must be restored (including grading, terracing, planting/
or seeding, etc.). ^ If a well is to be drilled in a coal
bearing township, then the chief of the Division of Mines
(ODIR) also examines the application and under certain cir-
cumstances may disapprove it.22 Denial of approval will be
appealed to the mine examining board. Any person otherwise
claiming to aggrieved by a decision of the chief of Division
of Oil and Gas may appeal to the Oil and Gas Board of Review
(ORC 1509.35, 36, with a subsequent appeal to the Court of
Common Pleas of Franklin County (ORC 1509.37).23 There is
also a Technical Advisory Council within oil and gas to ad-
vise the chief.2^
The power to enact more stringent regulations is
specifically reserved to municipalities by ORC 1509.39.
1.3 Water Quality
Regulations affecting water quality issues are under
the jurisdiction of OEPA.
The Division of Lands and Soil of Ohio recommends
measures dealing with soil policy and makes recommendations
concerning projects which affect the soil.2^
ODNR contains a soil and water conservation commis-
sion which advises soil and water conservation districts and
makes legislative recommendations for measures affecting soil
and water districts.2^ Subdistricts, created on petition of
75 land owners, have powers to develop plans, construct im-
provements and make agreements with persons occupying lands
in the district concerning natural resources conservation
operations; moreover, they may levy taxes for improvements.
There may be joint action by two or more commissions.2^
Sanitary districts may be established to deal with
III-E-207
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stream pollution and provide for collecting and disposal of
wastes and sewage.^J The board of the district creates a
plan for improvements within the district which, however,
is subject to approval of OEPA.30 Regulations of board are
also subject to OEPA approval.3!
Regional water and sewage districts may also be
created to operate sewage treatment works. Their rules and
regulations must be consistent with those of OEPA (ORC
6119.08).32 County sewer districts are covered under and
are also subject to OEPA control.33
Obviously, control of water quality rests with OEPA
and this includes public water supplies and water works sys-
tems .34
2.0 Transportation of Raw Materials and Converted
Fuels
The PUCO has jurisdiction over all public utilities
in Ohio. With regard to transportation, public utilities
include:r railroads, common motor carriers, pipe-line com-
panies. J PUCO is comprised of three public utility commis-
sioners appointed by the Governor.
PUCO has general supervision over all public utili-
ties and has the authority to examine and be informed of the
general conditions of the utility.3^ Specifically, each
public utility must file with PUCO schedules identifying
all rates and charges for services provided.38 And no util-
ity may charge a rate different from that which is specified
on the schedule filed with PUCO.39 Public utilities must
receive authority from PUCO to issue stocks, bonds or notes;
and mergers or any contracts between public utilities must
also have the consent and approval of the PUCO.40
2.1.1 Truck
Common Motor Carriers which include inter and intra-
state trucking falls under PUCO's jurisdiction. Interstate
truck transport must register with PUCO before being allowed
to operate on any public highv/ay in Ohio.41 Intrastate motor
carrier companies must obtain a certificate of public conven-
ience and necessity.42 And both inter and intrastate motor .
carrier companies must file liability and freight cargo insur-
ance with PUCO.43
2.1.2 Rail
In addition to filing schedules, PUCO requires rail-
roads to file an annual statement of operation of lines with-
in Ohio.44 Within a reasonable amount of time after construc-
tion, PUCO requires railroads to file a map and profile.
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Discontinuation of service or main track, etc. requires Com-
mission approval. -*
2.1.3 Barge
Licensing of all watercraft is overseen by the divi-
sion of watercraft in ODNR.^6
2.1.4 Pipeline
PUCO has rate jurisdiction over pipeline companies
when they are engaged in transporting natural gas, oil, or
coal, wholly or partly in Ohio.47 The PSC has jurisdiction
over the siting of gas lines, except where an agency of the
United States may have exclusive jurisdiction.^°
2.2 Hazardous Materials - Non-nuclear
The OEPA has jurisdiction over accidents that occur
during transport or transmission of hazardous substances as
defined by the Federal Water Pollution Control Act of 1972
(32 U.S..C. 1362), as well as sewage and industrial wastes,
which pollute any waters of the State of Ohio. 9 Any act
where spillage occurs that would affect ground water would
be declared a public nuisance by ORC 6111.04. This would
include accidents during transport or transmission (accord-
ing to the Emergency Office of OEPA).
Depending on the type of substance and the nature
of an incident, PUCO and the department of health could also
have jurisdiction.
2.3 Hazardous Materials - Nuclear
PSC has general jurisdiction over the siting of
electrical generating facilities. This would of course in-
clude nuclear facilities. In addition, there is a Midwest
Nuclear Board composed of one member of each party state.
The Board was created under the Midwest Nuclear Pact.^0 It
has the power to formulate or administer safety measures in
any matter related to use or disposal of nuclear energy and
to make recommendations to facilitate the transportation of
nuclear or related materials. These recommendations will be
submitted to the Governor.
3.0 Raw Material Conversion - All Fuels
4.0 Generation of Electrical Energy - All Fuels
The Ohio Power Siting Commission has jurisdiction
over the siting of major utility facilities, including elec-
tric generating plants and associated facilities, electric
transmission lines of 25 kilovolts or more, and certain gas
III-E-209
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transmission lines.5! The PSC is composed of the Chairman
of PUCO, the Director of OEPA, the Director of Health, the
Director of Development, and a member of the public appoint-
ed by the governor.J2
Constructionrof a major utility facility requires a
certificate from PSC.j3 However, replacement of an existing
facility does not require a certificate.54 During construc-
tion and for the first two years of operation, a facility is
subject to both the jurisdiction of PSC and OEPA.55 OEPA is
involved if the operator is unable to meet pollution laws in
which case he may receive a conditional operating permit from
OEPA (ORC 4906.10, 3704.03)56 After the initial two years
the facility is subject only to the jurisdiction of OEPA.
In order to grant a certificate, the PSC must find
that the construction, operation, and maintenance of the
facility will create minimal environmental impact (consider-
ing the state of the art and available alternatives) and will
serve public convenience and necessity.5' The Ohio code spe-
cifically prohibits any state agency or political subdivision
from requiring certificates or other approvals after PSC has
issued a certificate.58 Each facility must annually furnish
a 10 year forecast of loads, resources, and prospective sites.5
As noted above, after the initial two year period,
the facility will be subject to the jurisdiction of OEPA in
so far as its environmental impacts are concerned (ORC 3704
[air pollution control], ORC 3734 [solid waste disposal],
and ORC 6111 [water pollution control]). We are not describ-
ing such rules in detail since they are long and are gener-
ally applicable to all polluting facilities, not simply major
utility facilities. EPA regulations are collected and pub-
lished in State of Ohio Governmental Protection Agency Laws
and Regulations, available from Anderson Publishing Company,
Columbus, Ohio. Regulations are preceded by an "EP" desig-
nation. Water regulations are EP-1 to EP-9. Air regulations
are EP-10 to 19. Solid waste regulations are EP-20.
One important fact is that Ohio is presently operating
under a Federal sulfur dioxide implementation plan, put into
effect in 1976. The state is currently considering its own
regulations based on the Federal plan and is expected to issue
them this summer. In the meantime the Federal plan has been
temporarily suspended as to a number of utilities in a pending
lawsuit. The Federal plan was promulgated because of the
failure (for various reasons) of Ohio to produce its own im-
plementation plan under the Clean Air Act.
Air pollution control is handled in major urban areas
by local air pollution control agencies except in Franklin
County (Columbus) which is handled by the central district
office of OGPA. Other areas of the state are handled by OEPA.
Political subdivisions are permitted to enact more stringent
III-E-210
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regulations than the state, but not less stringent.
60
Under ORC 3706, there was recently established an
Air Quality Development Authority, with broad powers to issue
bonds, sponsor and operate projects, and assist in the financ-
ing of air quality facilities (methods, devices, processes/
equipment, etc., which reduce air contaminents.61 Its powers
include the power necessary to appropriate property and the
power to cause relocation of highways, railroads and public
utilities in connection with a project.62
5.0 Transmission of Electrical Energy
PUCO regulates rates of electrical energy trans-
mission..^ PSC has jurisdiction over siting of electrical
transmission lines of 25 kilovolts or more (as stated above).
6.0 Consumption/Conservation by Consumer - All
groups listed in outline.
Petroleum allocation authority in Ohio is centralized
in the Energy Emergency Commission, which also has the power
to undertake a wide range of other energy-related activities,
including preparation of energy emergency contingency plans
for each fuel to be used in the event of energy shortages.
On conservation, the Commission is developing performance
standards for building codes, and is considering the estab-
lishment of energy-conservation courses for its public school
system. The agency also develops short-term (one year) energy
information systems designed primarily to project the impact
of short-term policy actions taken in the face of immediate
shortages. An incentive program for the reopening of avail-
able, but presently unprofitable, coal mines is likewise under
Commission jurisdiction.
An Energy Advisory Council advises the Commission
on all energy matters, with specific emphasis on the effects
that contingency plans may have on the social,and economic
communities in the state. ^
In 1975 there was established the Energy Research
and Development Administration to encourage, promote and
support new technological, economic, and organizational
research, experimental and demonstration projects and pro-
grams for more efficient utilization of energy.65 ERDA
also assists in the financing of energy and resource devel-
opment facilities. Its powers are broad and include the
authority to seek Federal funds, to accept other funds, to
make grants from legislative appropriations, to make loans;
to acquire, construct, maintain, and operate energy and
resource development facilities.66 There is a board of
nine members, of whom five are public members and four are
legislative. The board's facilities enjoy exemption from
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taxation and the board may also issue energy resource and
development bonds. ERDA also is concerned with collection
information and with studying ways to implement Federal
energy policy and generally to promote the efficient use
of energy*
At the same time ERDA was established/ the governor
was given power to declare an energy emergency (really just
a declaration of a serious situation) and, if necessary, an
energy crisis.°' Declaration of an energy crisis gives the
governor broad powers to issue rules to give orders to PUCO
and to suspend state or local rules during the period of the
energy crisis.
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REFERENCES
1. Page's Ohio Revised Code, §1501.01
2. ORC 51513.02
3. ORC §6111.03
4. ORC §6111.46
5. Ibid.
6. ORC §1513.01 e_t seg.
7. ORC §1513.02
8. ORC §1513.06
9. ORC §1513.07
10. ORC §§1513.08-.09
11. ORC §1513.05, §1513.10, §1513.14
12. ORC §1513.16
13. ORC §3745
14. ORC §4151-457
15. ORC §3745
16. ORC §4151.06
17. ORC §4151.11
18. ORC §4151.14-.15
19. ORC §4153.111
20. ORC §1509.02
21. ORC §1509.05, .07, .072
22. ORC §1509.08.
23. ORC §§§1509.35, .36, .37
24. ORC §1509.38
25. ORC §6111.44
26. ORC §1511.9
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27. ORC §1515.02
28. ORC §1515.03, .08, .10, .17
29. ORC §6115.04
30. ORC §6115.16
31. ORC §6115.23
32. ORC 56119.01-.06, .08
33. ORC §6117.01, .04
34. ORC §6117.13
35. ORC §4901.01
36. ORC §4901.02
37. ORC §4905.06
3.8. ORC §4905.30
39. ORC §4905.32
40. ORC §4905.40, .48, .49
41. ORC §4919.78
42. ORC §4921.04
43. ORC §4919.81-2-interstate, 4921.11 intrastate
44. ORC §4907.13
45. ORC §4907.21
46. ORC §1547.65
47. ORC §4905.03
48. ORC §4906.01
49. ORC §6111.01
50. ORC §122.13
51. ORC §4906.01
52. ORC §4906.02
53. ORC §4906.04
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54. Ibid.
55. ORC §4906.10
56. Ibid., ORC 53704.03
57. ORC 54906.10
58. ORC 54906.13
59. ORC 54906.15
60. ORC 53704.11
61. ORC 53706.01, 3706.03
62. ORC §§53706.16, .17, .18
63. ORC §4905
64. SNA; Energy Management, Para. 9606
65. ORC §122.63, .64
66. ORC §122.64
67. ORC §122.87
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