United States Environmental Protection Agency EPA Protecting Our Environment March 1977 ------- ------- introduction When the United States Environmental Protection Agency was created in 1970, it was directed to clean up and to prevent the pollution which threatens human health and disfigures our land. In the early 1970's, several important laws were enacted by the United States Congress and entrusted to EPA for administration. Public opinion polls repeatedly showed that a sizable majority of Americans strongly favored this commitment toward cleaning up the air, water, and land. The public had very real cause for concern, for by the late 1960's, lakes and waterways of our country had become choked with sewage, waste, and other forms of pollution. The air in urban centers was continually fouled with suspended dirt and poisons. The rate of lung ailments increased noticeably. Quantities of the residue of DDT and other pesticides were being discovered in tissue samples from wildlife and even human beings. Empty cans, the carcasses of automobiles, and other forms of trash littered the land- scape. Concern was being expressed about potential problems associated with the use of radioactive materials. The levels of noise from highways and airports were, quite liter- ally, deafening. There was some skepticism about how the formation of one agency—and a small one by Wash:ngton standards—could make a dent in countering the ecological problems of an entire Nation. Certainly EPA could not have begun to do the job on its own. But the Agency was not alone. State and local governments, citizens' organizations, and countless private individuals—many of whom have been working on pollution control for years— are working with the Agency. EPA has always emphasized the point that positive environmental action demands public support and participation. And time has showed that these mutual efforts have paid off. Between 1970 and 1975, EPA committed almost SI 1 billion in grants to States and communities for construction of waste water treatment plants. During the same period the Agency took well over 6,000 enforcement actions against violators of air, water, and pesticide laws. As a result of rigorous enforcement of the Clean Air Act Amendments of 1970, current standards for two major auto-produced pollutants—carbon monoxide and hydro- carbons—require a reduction of nearly 85 percent from pre-1968 car emissions. Regulatory actions which led to the diminished use of persistent pesticides, such as DDT, have resulted in a significantly lower level of these pesticides being detected in human tissues. By 1980, approximately 25 major American cities will be involved in some form of resource recovery from municipal trash. Federal standards and guidelines are being established to protect citizens from un- necessary exposure to radiation. EPA has set noise standards for new me- dium and heavy duty trucks and portable air compressors, and is developing regulations for new buses, loaders and dozers, motor- cycles, garbage compactors, and truck refrigeration units. Through the municipal construction grant program for waste water treatment, and the water discharge permit program, as well as industrial water pollution control measures, many of our rivers and lakes are becoming cleaner, including one of the most threatened waterways, Lake Erie. The growing problems of ocean spills and dumping have become matters of special concern. The Marine Protection, Research, and Sanctuaries Act of 1972 authorized EPA to regulate ocean waste disposal and accordingly the Agency has carried out a permit program to limit the kinds and amounts of wastes that can be dumped. The need for improved international cooperation to protect the oceans from oil and other pollution hazards is recognized, as demon- strated by the Ocean Dumping Convention ------- adopted at London in 1972, and the 1973 London Convention for the Prevention of Pollution from Ships, among other such efforts. The first steps toward protecting human health by achieving a cleaner environment have been fruitful. Americans are learning how to use modern technology for the serv- ice of civilization. A deeper respect is being developed for the nature of the biosphere— the Earth's thin layer of land, water, and air on which life depends. The belief that indus- try cannot endure the restrictions of environ- mental controls has been successfully dispelled. The clean-up of the past half- century's excesses is underway. But much work remains to be done. The air quality of metropolitan areas is still unsatisfactory. Many waterways must be made cleaner and protected. And the Nation must constantly be on the lookout for dangerous new materials entering the environment. The challenges of the future like those of the past, cannot be met without the help of Americans willing to defend the environ- ment—for themselves, for their children, and for the health and welfare of future generations. This booklet describes how EPA is orga- nized to protect and enhance the environ- ment, and outlines both the progress made to date by the Agency and the challenges still ahead. Contents Structure and Purpose 1 Air 7 Water 11 Solid Waste 15 Toxic Substances 19 Pesticides - 20 Radiation 23 Noise 24 The Costs of Pollution Control 26 ------- United States Environmental Protection Agency Structure and Purpose The U.S. Environmental Protection Agency was established December 2, 1970, as the result of a Presidential Order. The action re- flected a public commitment to the control and abatement of pollution. For the first time, 15 environmental control programs, formerly scattered through the Federal gov- ernment, were unified in a single, independ- ent agency. EPA is charged with the basic mission of mounting an integrated, coordinated attack on the environmental problems of air and water pollution, solid waste management, pesticides, radiation, and noise. Above all else, EPA is a regulatory agency with responsibilities for the establishment and enforcement of environmental standards as specified in statutes enacted by Congress. To ensure that the Agency is responsive to environmental problems throughout the country, Regional Offices are located in ten major cities. Each Regional Office is staffed by pollution-control specialists and headed by a Regional Administrator with broad authority to act for EPA in matters within that Region's jurisdiction. On New Year's Day, 1970, nearly a year before the creation of EPA, the will of the American people regarding the need for ecological controls was formally expressed when the National Environmental Policy Act was signed by the President, thereby establishing a national priority to "maintain conditions under which man and nature can exist in productive harmony." Since then, new environmental laws have been passed at every level of American gov- ernment, demonstrating a pervasive concern for protection of human health and life- sustaining ecosystems. EPA is responsible for administering Fed- eral laws on environmental control. It helps to protect the environment in a number of ways: Standard Setting and Enforcement The key to sensible environmental control lies in the determination of what changes in our environment are tolerable or useful and what changes must be limited because they are harmful. Such decisions must be based on sound technical information, as well as a keen regard for the interests of our people. Recognizing this, Congress has passed several laws requiring EPA to define the levels which certain environmental pollutants must not exceed. EPA has developed three separate but inter-related processes in connection with this mandate. These include determining specific environmental levels ------- for several pollutants, enforcement activities, and diversified monitoring programs main- tained by State and local governments. Standard Setting EPA is charged with the responsibility of ensuring that those standards it does set will be sufficient to protect the public health and welfare, whether they involve restricting pesticide use or setting emission levels for automo- biles. State and local governments may develop additional controls or programs for various reasons, but EPA's direct responsi- bilities are restricted to protecting health and welfare. Enforcement Programs EPA's philosophy has been to encourage voluntary compliance by private industry and communities or to encourage State and local governments to perform whatever enforcement activities are needed to meet EPA standards. If these agencies fail to produce effective plans for pollution abatement or if they don't enforce the programs they do develop, EPA must do so under enforcement provisions con- tained in most of the major environmental laws passed by Congress. Monitoring Programs Several kinds of monitoring processes and activities exist within EPA. Some are broadly based monitoring programs that determine whether pollution levels and emissions are increasing or declining. Others determine if the various abatement programs developed by EPA and State and local governments are as effective as they should be. Research and Development Effective environmental action as directed by Federal legislation requires precise> tech- nical data on possible threats to health and the environment posed by the various sub- stances which are introduced into the bio- sphere. The research and development arm of EPA supports the Agency's primary func- tions of developing and enforcing appropri- ate regulations and standards by providing such data. EPA's research program is authorized under various major Congressional acts. This legislation allots more than one-fifth of the Agency's operating budget for scientific study. These funds support the activities of a technical and support staff who work at EPA's Washington headquarters, in 15 major laboratories and in a number of smaller field stations, and those in research programs carried on outside of EPA through grants and contracts with academic, re- search, and industrial communities, and through cooperative agreements with other Federal, State, and local agencies. The research and development program centers on four principal areas. The Office of Monitoring and Technical Support is responsible for: (a) developing reference or standard environmental measurement and monitoring equipment, techniques, and systems; (b) developing Agency-wide quality assurance programs; (c) disseminating scientific and technical knowledge; and (d) providing technical support, including monitoring and analytical support, to the Agency. The Office of Health and Ecological Effects studies the implications of varying types and levels of pollution on human health and the environment. The Office of Energy, Minerals, and Industry is respon- sible for assessing, developing, and demon- strating pollution control technology to mining and industrial activities. This Office also plans and administers a comprehensive Federal energy and environmental research, development, and demonstration program. The Office of Air, Land, and Water Use is responsible for planning a comprehensive research program on water supply and on municipal wastes, including wastewater, and solid and hazardous waste management. This office also is responsible for research on: the transportation and disposition of pollutants in the environment; areawide environmental management; and pollution from non-point sources such as urban run- off and agricultural and forestry activities. Here are some examples of projects being conducted by EPA's Office of Research and Development: • Investigation of the relationship between human health effects and exposure to combi- nations of pollutants reaching man primarily in air. Findings from such work will be directly related to evaluating existing standards and the need for new ones. • An assessment of the incidence of illness in bathers at relatively clean and relatively polluted beaches is being conducted to determine how illness can be correlated to the water quality. The information gained ------- from the research will be used to help develop health criteria for recreational water quality. • EPA's Advanced Waste Treatment Program in Cincinnati is investigating new methods of purifying waste water. This research eventually may lead to the reuse of water, not only for industrial purposes but also for domestic use. Methods of sewage sludge disposal and use also are being investigated. • The Regional Air Pollution Study (RAPS) in St. Louis is the largest, most complex air pollution study ever made. EPA laboratories are attempting to develop more precise predictive models of pollutant formation and transport so that air pollutant effects can be linked with sources and thus better pollution controls can be devised. • EPA has been developing and demon- strating flue gas desulfurization technology, including the device commonly known as the stack gas "scrubber." Scrubbers can be used to control sulfur dioxide and particu- late matter from coal-fired electric power plants. • Technical and scientific findings are published and distributed to help advance the total body of scientific knowledge on pollution effects, pollution control technolo- gies, and monitoring methods. ------- EPA's "Technology Transfer" program has the objective of helping to avoid a large national investment in obsolete pollution control technologies. The program is de- signed to bridge the gap between research and development and the general use of new or improved technologies. Financial and Technical Assistance By providing financial and technical assist- ance to State, regional, and local juris- dictions, EPA serves as a catalyst for environmental protection efforts at all levels of government. EPA grants Federal funds for the construction and operation of various types of facilities to reduce pollution. It also demonstrates new pollution control technology. EPA's ten Regional Offices provide assistance to State and local authorities, industries, and citizens to help them solve environmental problems. Manpower and General Education EPA provides training both in its own facilities and in universities and other educa- tional institutions to help develop the highly skilled manpower needed to combat ------- environmental problems. Fellowships are available to qualified students. EPA also distributes to the public environ- mental information bearing on subjects ranging from drinking water quality to environmental projects for youth. The Sharing of Domestic Responsibilities EPA is by no means the sole governmental body involved in environmental protection. First of all, it shares many of its enforcement authorities with the States, in accordance with the principles and procedures estab- lished by the Congress in the legislation governing EPA's activities. Moreover, other agencies of the Federal government conduct activities that directly affect environmental quality in areas outside of EPA's purview. The Council on Environ- mental Quality, for example, coordinates environmental matters at the Federal level and serves as the President's principal advisor in such matters. The National Oceanic and Atmospheric Administration researches long-range global trends affecting the oceans and the atmosphere. The Depart- ment of Transportation is concerned with highways, railroads, and air transport. The Department of the Interior administers public lands and natural resources. The Federal Energy Administration and the Energy Research and Development Admin- istration are responsible for coordinating and managing a national energy policy. The Departments of Housing and Urban Devel- opment, Defense, Agriculture, and Health, Education and Welfare all carry out activi- ties which affect the environment. Under the National Environmental Policy Act, all departments of the Federal govern- ment are required to take into account and evaluate the environmental impact of their activities. These evaluations, called Environmental Impact Statements, are subjected to careful scrutiny before any planned programs are implemented. The Sharing of International Responsibilities Since the environmental problem is world- wide, EPA is involved in a number of inter- national enterprises. Representatives of EPA and other Federal agencies have participated in major international con- ferences on pollution control, ecological research, and food supply. Work is under- way with the Soviet Union on some 40 projects regarding air and water contamina- tion, disposal of agricultural wastes, urban design, housing, wildlife preserves, and parks. The Japanese government and EPA exchange information on wastewater treat- ment, air pollutants, solid waste manage- ment, and other topics. EPA exchanges a broad range of scientific data with West Germany, Canada, Mexico, and 50 other countries. Multilaterally, EPA analyzes air and water pollution with the NATO Committee on the Challenges of Modern Society; ocean con- tamination facts with the Intergovernmental Maritime Consultative Organization; and standard-setting information with the Organization for Economic Cooperation and Development. The Agency works with such United Nations offices as the World Health Organization and the UN Environ- mental Program to speed up technology exchanges on a global scale. ------- ------- Air The average person breathes 35 pounds of air each day—six times as much as the food and drink normally consumed in the same period of time. However, by 1970 over 200 million tons of waste products were being released into the air annually. Slightly over half of the pollu- tion came from the internal-combustion engines of cars and other motor vehicles. Roughly 22 percent came from fuel burned at stationary sources such as power generat- ing plants, and another 15 percent was emitted from industrial processes. Air pollution is associated with the increas- ing number of cases of emphysema, bronchi- tis, asthma, lung cancer and numerous other respiratory disorders, with diseases of the heart, and with certain incidences of im- paired mental performance. Illness caused or aggravated by air pollution costs the American people an estimated $4.6 billion yearly in medical treatment, lost wages, and reduced productivity. Air pollution also corrodes buildings, da- mages personal property, and harms forests and crops, causing an additional $12.3 bil- lion in destruction and decay each year. The Federal air pollution control effort be- gan modestly in 1955 when the U.S. Public Health Service implemented an air pollution research program and offered technical assistance to State and local governments concerned about the problem. Congress stepped up the tempo in 1963 with the Clean Air Act, providing for Federal-State action to cut down on industrial smokestack gases. In 1965, the first set of amendments to the Clean Air Act gave the Federal government authority to reduce motor vehicle emissions. The Air Quality Act of 1967 called for a new ------- air quality management approach to the problem. The Federal government desig- nated air quality regions with problems and published information on the effects of air pollutants on health and welfare, and on control techniques for air pollutants. The States were then obliged to develop air quality standards and plans for implement- ing those standards in the designated re- gions. Perhaps more significantly, the 1967 legislation paved the way for enactment of the historic Clean Air Act Amendments of 1970. Under these Amendments, EPA has estab- lished national air quality standards which specify maximum allowable levels for the major pollutants. These pollutants include sulfur oxides, paniculate matter (such as dust, smoke, and fly ash), carbon monoxide, hydrocarbons, and nitrogen oxides. Another major pollutant, formed when nitrogen oxides combine with hydrocarbons in the presence of sunlight, is called smog—the eye-stinging haze which hangs over most major American cities. The technical name for smog is photochemical oxidants. The Amendments further required that the States, in order to meet the national stan- dards set by EPA, develop detailed plans to control air pollution coming from such sources as automobile traffic, manufactur- ing plants, and power plants. The Amend- ments directed that hearings be held, allow- ing citizens to participate in the formulation of such control plans. The standards which EPA set for new cars beginning with 1975 models required auto emission reductions of 83 percent from models produced before 1968, insofar as un- burned hydrocarbons and carbon monoxide are concerned but only about 11 percent with respect to oxides of nitrogen emissions. A reduction of 43 percent in nitrogen oxide emissions was planned for 1977. EPA also establishes performance standards limiting pollution emissions from new or substantially modified plants in certain in- dustries and requires these plants to use the best pollution control equipment and pro- cedures available. Standards have been set for fossil-fuel powered electric generators, cement plants, oil refineries, steel mills, and a number of other industrial operations. EPA also regulates such extremely hazard- ous air pollutants as asbestos, beryllium, mercury, and vinyl chloride. Before the States and EPA develop specific programs to achieve clean air standards, they conduct extensive technical research and monitoring to determine the levels of air pollution that exist in each area. While the standards for all areas of the country are uniformly established by Congress to pro- tect health and welfare, specific strategies for individual States and localities must de- pend on existing and projected levels of air pollution. The more severe the levels of pollution are, the more stringent the pollu- tion abatement programs will be to achieve the standards. Hundreds of monitoring sta- tions around the country continually sample the air and analyze its quality as a basis for establishing these specific pollution reduc- tion programs. Air quality in the United States is now show- ing definite signs of improvement. Nation- ally, sulfur dioxide concentrations have been reduced by roughly 30 percent since 1970. The national average for particulate matter, such as dust and soot, has dropped about 17 percent in that same time, and this down- ward trend is continuing. Carbon monoxide levels have decreased by roughly 10 percent and modest reductions in hydrocarbons have also been recorded. Although pollution levels are being reduced, it will take the combined efforts of industry, government at all levels, and individual citizens to restore the quality of the air we breathe. ------- Highlights of the Clean Air Amendments of 1970 • EPA is required to protect the public health and general welfare by establishing national air quality standards for all impor- tant air pollutants. Standards have already been set for six principal pollutants: particu- late matter, sulfur oxides, hydrocarbons, carbon monoxide, photochemical oxidants and nitrogen oxides. In addition, EPA is required to set limits on the level of air pol- lutants emitted from such stationary sources as new power plants, municipal inciner- ators, factories, and chemical plants. EPA is also required to establish emission stan- dards for new motor vehicles, as well as for hazardous air pollutants such as beryllium, mercury, and asbestos. Vinyl chloride was recently added to the list of hazardous air pollutants. • The States are charged with the responsi- bility for developing and implementing specific programs for achieving the clean air standards set by EPA. Detailed State imple- mentation plans must be submitted to EPA demonstrating how the standards will be achieved and maintained. Should any State fail to adopt and implement such a plan, EPA is authorized to do so on its behalf. • EPA is required to conduct extensive re- search into all aspects of air pollution, in- cluding health effects. • Citizens are specifically authorized to take necessary legal actions against private or governmental officials failing to meet the provisions of this law. ------- Highlights of the Federal Water Pollu Control Act Amendments of 1972 • No discharge of any pollutant into navigable waters is allowed without a permit. EPA, or States with an existing program, when delegated author- ity, may issue such permits. • The dumping of any radioactive waste into the Nation's waters is prohibited. • EPA is authorized to issue construction grants to aid municipalities in building waste water treat- ment plants; issue grants to assist States in area- wide waste treatment management planning; and make loans to small businesses to help them achieve water pollution control requirements. • EPA is required to conduct extensive research on all aspects of water pollution. • Public participation in the development and enforcement of water pollution control regulations is encouraged. Furthermore, any citizen has the right to take legal action against a water polluter. . .. and the Safe Drinking Water Act of 1974 • EPA is responsible for setting minimum na- tional drinking water regulations to ensure that drinking water is safe. • Each State can assume primary enforcement authority over the regulations. If a State does not have primary enforcement authority, EPA will have that authority. • EPA also is authorized to conduct research on the health aspects of drinking water and to assist the States in improving the quality of drinking water. • A 15-member advisory council, composed of representatives from State, local, and private orga- nizations, will advise EPA on matters of drinking water administration. * Any citizen may bring civil action against any public water system or Federal agency (including EPA) in violation of the regulations. • When water suppliers are in violation of the regulations, they must notify their users and the media. ------- Water MP r or centuries, natural processes have helped to keep many lakes and rivers clean. Eutro- phication—the natural aging of lakes— causes some deterioration of water over geo- logic periods of time, but this cannot com- pare with man-made pollution, which has placed more of a strain on many of our waterways than nature can accommodate. By the early 1970's, pollution had made many of our rivers, estuaries, and lakes unfit for recreation, and adjacent wetlands were being choked with silt or ruined by chemical effluents. Analyses of drinking water re- vealed signs of potentially dangerous con- tamination in many parts of the country. Even the vast oceans are jeopardized, by the wastes that eventually reached them through the rivers, by oil spills, and the dumping of wastes and hazardous materials. Three bil- lion tons of oil are transported annually on the high seas, and accidental spills have in- creased. Bilge pumping by ships also releases quantities of oil into the seas. Prior to 1948, the main thrust of the Federal water pollution control program was to ensure unhampered navigation and prevent the spread of communicable disease. In 1948, clean water efforts were first launched on a trial basis as Congress authorized funds for research. State and local planning, and manpower training. A permanent program was initiated under the Water Pollution Control Act of 1956. In 1965 the water pollution control program was strengthened by legislation which called for establishment of water quality standards and implementation plans for cleanup of all interstate and coastal waters. The Clean II ------- Water Restoration Act of 1966 provided more Federal money for building treatment facilities. The Water Quality Improvement Act of 1970 prohibits the discharge of harm- ful quantities of oil or hazardous materials into navigable U.S. waters from any source, including vessels, onshore refineries, and off- shore drilling platforms. Operators are liable for cleanup costs and are subject to heavy fines. EPA cooperates with the U.S. Coast Guard in enforcement and assists in the cleanup of oil spills. In addition, the Marine Protection, Re- search, and Sanctuaries Act of 1972 author- izes EPA to regulate the dumping of indus- trial and municipal wastes at sea. The far-reaching Federal Water Pollution Control Act Amendments of 1972 include strict deadlines for cleaning up the Nation's waterways. Rigorous effluent standards are set by EPA and are enforced by the States and municipalities in cooperation with EPA. Industries discharging into navigable waters must install needed pollution control equip- ment and must obtain permits which limit the kinds and quantities of pollutants that can be discharged. More than 41,000 indus- trial, agricultural, and Federal facility sources of pollution and 20,000 municipal sewage plants are to be regulated under the permit program. The 1972 law also authorizes Federal grants of up to 75 percent of the cost of planning, designing, and building municipal sewage treatment facilities. This effort is one of the largest public works programs in America, and EPA has committed up to $18 billion in construction grants that generate jobs for thousands of workers and demands for raw materials and manufacturing. The Federal Water Pollution Control Amendments of 1972 also provide for public participation in developing and enforcing water pollution control programs. EPA and the States have published regulations specify- ing minimum guidelines for public participa- tion in this process. Therefore, no Federal water pollution control program can go forward without the opportunity being pro- vided for active participation by the inter- ested public. One area with ample room for public partic- ipation is the planning of water quality 12 ------- management. Section 208 of the Act author- izes EPA to make financial assistance avail- able to State governments for areawide waste treatment management planning. To initiate areawide planning, local officials advise the Governor which areas require planning due to high levels of pollution. Each Governor designates planning areas within his own State. In addition, he must make sure that public meetings are held to discuss the issues that are involved. The money made available by EPA helps planning agen- cies offset their planning costs, thereby encouraging comprehensive, areawide plans involving citizen participation. But the cleaning up of our waterways is not our only concern. The quality of the water which comes out of our taps strikes even closer to home. Most of us assume that the water we drink is safe, and it usually is. But approximately 4,000 cases of waterborne ill- nesses are known to occur each year in this country, and the actual total may be far greater. Under the Safe Drinking Water Act, EPA is responsible for establishing national regula- tions to protect public health. The Act also authorizes EPA to provide technical assist- ance to the States and grants for demonstra- tion projects involving improved treatment technology or methods for providing a de- pendable, safe supply of water. Under the Act, water suppliers are obligated to notify the public when the quality of their product fails to meet Federal regulations. A second major thrust of the Safe Drinking Water Act concerns the protection of water that comes to us from underground sources. In many parts of the country, certain indus- tries dispose of their waste materials by in- jecting them into wells that penetrate deep into the ground. These and other waste dis- posal practices may contaminate our groundwater with a variety of toxic materi- als. EPA, working with the States, will regulate such practices to ensure the quality and safety of this essential source of drink- ing water. 13 ------- Highlights of the Resource Conservation and Recovery Act of 1976 (superseding and augmenting the Solid Waste Disposal Act of 1965 and the Resource Recovery Act of 1970) • An extensive program of Federal grants, starting in Fiscal 1978, is authorized to help States and regional governmental agencies plan and carry out solid waste management programs. Grant assistance and technical aid are available for waste collection and disposal systems as well as for waste reduc- tion, conservation, and resource recovery methods. • For the first time EPA is required to set standards for the handling of hazardous solid wastes, with power to regulate and en- force. Hazardous waste is defined as any waste that "because of its quantity, concen- tration, or physical, chemical, or infectious characteristics" may cause death or disease or threaten public health or the environment. Under EPA guidelines, States must estab- lish rules for the handling of hazardous wastes and issue permits for treatment, storage, or disposal. If States fail to do so, EPA regulations apply. Civil and criminal penalties may be as high as $25,000 per day of violation, a year in prison, or both. • Open dumps throughout the Nation are to be phased out over a five-year period and banned entirely by 1983. EPA must make a national inventory of such dumps and set standards for upgrading them to sanitary landfills no later than October 1977. Special assistance is authorized for rural communi- ties, and demonstration grants are provided for small communities that must cope with large amounts of waste from outside their boundaries. • Extensive research, development, and demonstration projects in solid waste tech- nology are provided. These include special studies in the handling of glass, plastics, rubber tires, sewage sludge, and mining wastes. EPA is required to disseminate the information gained, to educate the public, and to maintain a central reference library on solid waste management. 14 ------- Solid Waste U nder this legislation, EPA seeks to reduce the amounts of solid waste produced, to re- cover materials and energy from wastes wherever possible, and to ultimately dispose of wastes in ways that will not endanger public health or the environment. National statistics show that we Americans generate a staggering amount of solid waste —an estimated 4.5 billion tons a year from household, commercial, agricultural, ani- mal, industrial, and mining activities. Fur- thermore, the volume of waste increases, year by year. This country has been blessed with what was considered to be an abundance of natural re- sources. We have reached unprecedented heights of production and consumption. While accounting for only six percent of the Earth's population, Americans consume at least one-third of its industrial raw materi- als. But we are now faced with the prospect of paying the price for our past activities. Many of our resources appear to be reaching their limits, and accumulating solid waste poses significant hazards to health and to the environment. The management of the waste we produce is already an extremely difficult task, and the situation threatens to worsen. Our annual "throw-away" includes 48 bil- lion cans, 26 billion bottles and jars. 4 mil- lion tons of plastic, 7.6 million television sets, 7 million cars and trucks, and 30 mil- lion tons of paper. It is estimated that by 1980 waste collection may amount to over 340 million tons per year, or nearly twice the 15 ------- present amount picked up by collection agencies and hauled away for disposal. The current cost of waste disposal is $4.5 billion per year. In this vast country, the most convenient waste disposal system has long seemed to be open dumping. However, burning at most dumps contributes to air pollution, and ap- proximately half of all dumps are so situated that their drainage aggravates the pollution of ground water, rivers, and streams. Dumps also attract rodents, flies, and other pests. To remedy this situation, many communities have progressed over the past decade from open dumps to sanitary land fills. In this system, a layer of dirt applied daily over the trash keeps pests away, cuts off water pollut- ants from surface runoff, does away with the need to burn the wastes, and prevents wind-scattering of litter. When filled, the site can be reclaimed for use as a park or playground. However, very few of the approximately 15,000 to 20,000 municipal disposal sites completed or in current use were designed to prevent waste materials from seeping through the soil and contaminating surface or ground- water. The belated discovery that dumps and landfills may seriously threaten drink- ing water supplies—even years after the sites have been closed—suggests that all levels of government must select, design, and operate their sanitary landfills with great care. Chemical, radioactive, biological, explosive, and flammable substances (referred to as hazardous wastes) require special disposal techniques. The Nation generates more than 10 million tons of such materials each year. In the past, much of the waste was inciner- ated or dumped into lakes and streams. As air and water pollution controls are imple- mented, more and more of these wastes— which are growing at a five to ten percent annual rate—are being diverted to the land 16 ------- where, again, they threaten human health. The technology for safe management is often available, but it is not being extensively used. Historically the Solid Waste Disposal Act of 1965 marked the first significant interest of the Federal government in the manage- ment of solid waste. The Department of Health, Education, and Welfare was ordered to conduct research into improved technol- ogy for collection and disposal of solid waste. HEW's responsibilities were later assigned to EPA when the Agency was created. Then, the Resource Recovery Act of 1970 amended the legislation to provide a new focus on recycling and recovery of valuable waste materials. In an EPA solid waste technology demon- stration at Franklin, Ohio, 13 percent of the waste processed by the plant is being re- covered as paper pulp through water grind- ing techniques, tn Baltimore, in another demonstration, gas will be derived from solid waste through a process called pyroly- sis. Liquid fuel will be extracted, again by pyrolysis, from organic materials in San Diego County. EPA is also studying "source separation" in households in two Massa- chusetts communities where recoverable items like bottles, cans, and newspapers are set aside from other trash so they can be picked up readily and eventually recycled and marketed. The most efficient solution to the waste prob- lem would be to develop more products that can be reused, that require less material and energy to manufacture, that can be recycled easily, and that last longer. Solid waste need not be an overwhelming environmental problem. An opportunity exists both to cut back on the waste we pro- duce, and to use that which we currently dis- card as a major new resource. 17 ------- ------- Toxic Substances The Toxic Substances Control Act of 1976 gives EPA authority to regulate the produc- tion and use of all chemicals harmful to pub- lic health or to the environment. The Act requires the Agency to list all such chemicals (perhaps as many as 20,000) now on the market, to limit the use of those found to be harmful, and, if necessary, to ban their production. As new chemical substances are produced. the law requires that tliey be tested for tox- icity and environmental effects before they are marketed. It is estimated that several hundred and perhaps as many as 1,000 new chemicals are introduced into commerce each year. These now have to be tested for their possible effects on human health and on plant and animal life. The Act does not apply to drugs, food addi- tives, pesticides, radioactive materials, and other chemicals regulated by other Federal laws. It does apply to chemicals that may escape into the environment and poison the air and water. It thus augments EPA's protective authority under air and water pollution con- trol laws. It is particularly concerned with chemicals that may cause cancer, birth defects, and genetic mutations (hereditary changes in human cells). The suspect chemicals include such widely used substances as polychlorinated biphenyls (PCB's), which accumulate and persist in the environment; raw material for plastics (vinyl chloride), once thought to be harmless; and certain propellant gases for spray cans, which may do long-term damage in the up- per air. Before a new chemical can be marketed, the manufacturer must notify EPA at least 90 days in advance, giving the amount of the chemical to be produced, the number of persons who would be exposed to it, and all available test data on its toxicity and envi- ronmental effects. EPA must then evaluate the risk involved. If there is not enough information to make that judgment, the Agency may seek a court injunction to prohibit manufacture pending further testing. If EPA believes the new chemical presents an unreasonable risk, it may make rules limiting the chemical's distribution and use, or requiring certain labeling and disposal methods, or both. A permanent ban on manufacture requires action by a Federal court. In any rule-making on toxic substances EPA must consider and publish its findings on the substances' expected benefits, the availabil- ity of substitutes, and the probable effects on the chemical industry and the national economy. Civil penalties for violating the Act can be as high as $25,000 per violation, with each day of noncompliance constituting a new violation. Criminal penalties can be as high as a $25,000 fine, a year in prison, or both. The law protects confidential business in- formation, including trade secrets. Any Federal officer or employee who discloses such information to unauthorized persons commits a misdemeanor punishable by a $5,000 fine or a year in prison, or both. A special section of the law bans the manu- facture of PCB's as of 1979. These chemicals are now used mainly as insulating fluids in electrical equipment but were formerly used in paints, inks, plastics, and many other products. They are poisonous to humans, accumulate in the fatty tissues offish, and resist natural decay in the environment. 19 ------- Pesticides Over the years, several hundred basic chem- Bioaccumulation was especially evident with icals have been produced and marketed to DDT. By the early 1970's the average Amer- help control insects, weeds, and other pests, ican was carrying a potentially dangerous 8 The benefits derived from these pesticides are parts per million of DDT in fatty tissues. undeniable. They have allowed us to maxi- mize our food production capabilities, and they have significantly reduced diseases spread by certain insects. However, pesticides can pose health prob- lems. Improper use and careless storage can cause severe illness or death. But that is not the only problem; some pesticides leave resi- dues in the environment that persist for Other animal species also were affected by this phenomenon; evidence showed that the survival of several species of wildlife was threatened by the presence of DDT. In addi- tion, because of the widespread use of pesti- cides throughout the world—millions of pounds of pesticides are used annually— long-lived byproducts have become a signifi- cant threat to man's health and the environ- ment. High concentrations of DDT have many years and, in many instances, are present in disturbingly high levels in the food been found in the tissues of Antarctic pen- guins. Recognizing the dangers posed by certain pesticides. Congress passed the Federal In- secticide, Fungicide, and Rodenticide Act (FIFRA) of 1947 to replace the outdated we consume. As early as 1944, for example, research had revealed that pesticides of the chlorinated hydrocarbon group (which includes DDT) were having adverse effects on fish. It be- came apparent that these chemical com- pounds were extremely persistent and af- fected many species of animals. These extremely persistent pesticide com- pounds can be passed through the food chain, and may result in a concentrating ef- fect called bioaccumulation as one species feeds on another. Insecticide Act of 1910. FIFRA was admin- istered by the Department of Agriculture until the establishment of EPA in 1970. FIFRA was amended and widely expanded under the Federal Environmental Pesticide Control Act of 1972. The new Act granted EPA authority to regulate all pesticides in both interstate and intrastate commerce, and provided civil and criminal penalties for misuse. EPA amasses the best available scientific data on the health effects and effectiveness of registered pesticides. Should a significant question about the safety or effectiveness of a registered chemical arise, cancellation action can be taken against products con- taining the suspect chemical. If a cancella- tion notice is issued, the manufacturer may appeal this action, and the product may con- tinue to be produced and sold during the administrative review process. However, if there is enough scientific evidence to warrant the conclusion that a pesticide product does pose an "imminent hazard to the public wel- fare," EPA may immediately suspend the registration, thereby halting production and marketing during the cancellation process. In this case, the manufacturer may request an expedited hearing. The results of extensive health research per- formed by EPA on pesticide safety have prompted the Agency to take legal action to cancel, suspend, or restrict the uses of such pesticides as DDT; mirex; 2,4,5-T; aldrin/ dieldrin; heptachlor/chlordane; and mercury. When EPA restricts or cancels a pesticide, it often publishes a list of registered alterna- tives. Also, as an aid to farmers after DDT was canceled in 1972, EPA and USDA sponsored a special program to train farmers on how to use the alternatives to DDT. The EPA Administrator also has the author- ity to allow emergency use of an unregistered pesticide, including those that previously were canceled. The cancellation of DDT was EPA's first major step to restrict the use of environ- mentally hazardous pesticides. Since that decision, the levels of DDT found in humans have decreased significantly, and a number of endangered species have shown signs of recovery. In the future, a balanced pest management program based on a mature understanding of the environment and man's place in it will help provide a beneficial and productive agriculture. 20 ------- -ilights of the Federal Insecticide, Fungicide, and Rodenticide Act of (As Amended in 1972 and 1975) • Manufacturers of pesticides must register with the EPA Administrator any insecticide, herbicide, fungicide, or any other substance intended for sale, either in interstate or intrastate commerce, to control or otherwise affect pests in the United States. • Pesticide manufacturers are required to provide scientific evidence that their products are effective for the purposes in- tended and will not injure humans, live- stock, crops, or wildlife when used us directed. • EPA is authorized to classify pesti- cides for either general use or restricted use. Genera! use pesticides are those that ordinarily will not cause unreason- able adverse effects on the user when ap- plied according to label instructions. General use pesticides may be used by anyone. Restricted use pesticides are those which may pose an unreasoi risk to the user or the environment unless employed with great care. Restricted use pesticides may be used for the most part by or under the direction of certified ap- plicators. Thus, the more potentially hazardous products will not be available to the general public. • EPA is required to set forth standards tor certification of applicators of re- stricted use pesticides. The individual States will certify applicators through their own programs based on the Federal standards. • The Administrator may cancel, and if necessary to prevent an imminent hazard, suspend the registration of a product on the basis of actual or potential unreason- able risk to man, animals, or the environ- ment. In such a case, the manufacturer may appeal the decision through estab- lished administrative and judicial review irocedures. • Major regulatory actions are reviewed for their impact on agriculture and on health and the environment by the U.S. Department of Agriculture and a Sci- entific Advisory Panel. • The EPA Administrator is authorized to issue a "stop sale, use, and removal" order when a pesticide already in circula- tion is found to be in violation of the law. • Pesticide-producing establishments must be registered with EPA. • Containers of all registered pesticides must be labeled according to EPA specifications. • The EPA Administrator is required to develop procedures and regulations for storage or disposal of pesticide containers. • EPA is authorized to issue experi- mental use permits, conduct research on pesticides and health, and monitor pesti- cide levels in the environment. 21 ------- Authority for EPA's Radiation Program The primary authority for EPA's radiation program is provided in Reorgani/ation Order #3 of 1970. which created EPA, and in the National Environmental Policy Act of 1969. In addition, the Agency is responsibl for managing radiation protection provi- sions of these other important Federal measures: • The Atomic Energy Act of 1954, as Amended—Together with Reorganization Order #3, this Act gives EPA its "Federal guidance function," requiring the Adminis- trator to provide overall guidance to other Federal agencies on all radiation protection matters which could have effects on public health, and to set "generally applicable en- vironmental standards" outside the bound- ary of nuclear facilities. • Public Health Service Act Requires EPA to provide assistance to the States a to monitor the environment for rad<> effects. • The Ocean Dumping Act of 1972 Re- quires EPA to regulate the disposal of radio- active waste in the ocean. • The Safe Drinking Water Act of 1974 Requires EPA to establish radiation criteria for the purpose of protecting drinking water. • The Federal Water Pollution Control Act of 1972, as amended—Requires EPA lo assess the best practical available technolo] for protecting water quality and to establish effluent and water quality limits for radia tion discharges. • The Clean Air Amendments of 1970 Require EPA to assess the best practical available technology for protecting air qual- ity and to establish ambient and emissions standards for radiation discharges. 22 ------- Radiation H uman exposure to radiation is as old as life itself. We are continuously exposed to cosmic and terrestrial sources of radiation. This "background" radiation reaches us at an average yearly rate of about 120 milli- rems. (A rem is a standard unit of measure of biological damage from radiation.) However, since the discovery of the x-ray in 1895, the development of man's growing technology in radiation-exposure-creating enterprises has resulted in an additional average annual exposure of about 75 milli- rems. Of this additional exposure, an aver- age of two millirems is contributed by residues from past testing of atomic weapons and another 50 millirems come from x-rays.* Exposures of individuals will vary depending on amounts of radiation received from cer- tain consumer products, from industrial and medical sources, and from living in high natural background localities. Scientists have learned that exposure to large doses of radiation can create serious adverse health effects. Although less is known about the long-term effects of low- level exposure to radiation, it too is sus- pected of causing harmful health effects. Two types of man-made radiation contribute to this problem. Ionizing radiation, produced by x-rays, nuclear power plants, etc., is associated primarily with the induction of cancer and genetic effects. Nonionizing radi- ation, which is produced by radio and tele- vision transmitters, microwave devices, ultraviolet light, lasers, and high voltage transmission lines, is associated primarily with cataracts, skin burns, skin cancers, and *The diagnostic and therapeutic use of x-rays usually involves specific benefits that exceed the risk of a given exposure. some neurological and behavioral changes. Recognizing the need to address these prob- lems from an overall perspective. Congress established the Federal Radiation Council (FRC) in the fall of 1959. The FRC was made responsible for preparing Federal guidelines for radiation protection. Reorga- nization Order #3 of 1970 abolished the FRC and transferred that authority to EPA. EPA's present approach to overall radiation protection in issuing standards and guid- ance for sources of man-made radiation is to weigh the benefits for society of each radi- ation-producing technology against the health risks involved. For example, there is now a serious and growing need in America for more electrical energy. Nuclear power has been advocated as an alternative to other sources of electri- cal energy. The proponents of nuclear energy claim that it is an energy source that can generate electricity in almost unlimited sup- ply without using up scarce supplies of fossil fuels and without polluting the air. However, it is conceded that nuclear power plants heat up bodies of water used in cooling reactors to a greater extent than do fossil fuel fired plants, thus causing "thermal pollution." Critics of nuclear power claim that any rise in radiation, even a minute one, must be regarded as a health risk. They further point out that the possibility of accidental releases of large amounts of radioactive material, no matter how remote, cannot be dismissed, and that the disposal of radioactive wastes from nuclear power generators and fuel reprocessing is a grave problem. In response, EPA has weighed these two positions carefully. The Agency has pro- posed new types of radiation standards which will reduce public exposure to planned releases of radioactive materials from the nuclear power industry to one-twentieth of previous guidelines. The same standards also limit the release of certain long-lived radio- active substances produced by these plants. EPA is also involved in a coordinated Fed- eral program for developing a long-range plan for safely managing and disposing of radioactive wastes under its responsibility for setting criteria for environmentally acceptable radioactive waste disposal methods. Elsewhere, EPA is proposing standards for radiation levels under the Safe Drinking Water Act of 1974 to ensure high quality potable water. Under other authorities, EPA is also proposing new Federal radiation guidance for medical and dental x-ray prac- tices in Federal health care facilities. To aid in the development of standards and to provide protection of the public from ex- posure to unwarranted levels of radiation, EPA operates approximately 980 monitor- ing stations throughout the country. At these stations, samples of air, air particulates, drinking water, rainfall, surface water, milk, and human and animal tissues are monitored for radioactivity levels. Radiation assess- ments performed by EPA through its en- vironmental evaluation program are distrib- uted to Federal, State, and municipal agencies, universities, libraries, industrial firms, and interested groups and individuals. Under provisions of the National Environ- mental Policy Act of 1969, EPA is respon- sible for the review of Environmental Impact Statements that must be filed on any Federal action that could significantly affect the en- vironment. This includes the potential radia- tion impact of nuclear facilities proposed for construction by the Energy Research and Development Administration (ERDA) and those commercial facilities licensed by the Nuclear Regulatory Commission (NRC). Therefore, a nuclear power plant or any other Federally-related facility cannot be approved until it has received a comprehen- sive environmental impact review. Such measures as these are designed to control the health risks associated with radioactive materials, without disrupting the essential needs of society for technologies that use radiation beneficially. 23 ------- Noise 11 has been known for some time that work- ers in certain occupations suffer from noise- induced hearing loss. But recent studies have disclosed that unexpectedly large numbers of Americans may be suffering hearing damage due to daily non-occupational expo- sure to environmental noise from jet plane takeoffs, trucks, buses, railroad trains, power lawnmowers, motorcycles, snowmo- biles, construction equipment, kitchen appli- ances, and from many more sources. Today, millions of Americans are adversely affected by non-occupational noise. The in- creasing number of sources producing high levels of noise as well as the growing popula- tion density of urban areas have raised noise pollution to the level where it is a threat to our health and welfare. While long exposure to high levels of noise is recognized as a principal cause of hearing damage, there is evidence that excessive noise can physiologically alter endocrine, cardiovascular, and neurological functions. Even exposures to moderate, short duration, intermittent noise have been found to pro- duce general anxiety and stress. It has been demonstrated that noise may interfere with sleep and relaxation, mental and physical activity. Most physiological and psycholog- ical reactions are temporary, although if noise persists, the effects could become permanent. The technology now exists to reduce noise from construction equipment, railroad equipment, cars, trucks, and buses. Much can also be done to reduce noise associated with aviation. The first Federal noise legislation was ap- proved in 1968 when Congress directed the Federal Aviation Administration to estab- lish rules and regulations to control aviation noise. The Clean Air Amendments of 1970 called for the establishment of an Office of Noise Abatement and Control in EPA. The legisla- tion also ordered public hearings on environ- mental noise and a special report to Congress based on information from the hearings and from other special studies. This EPA data and extensive Congressional hearings formed the basis for the Noise Control Act of 1972. Under the Act, EPA has published criteria on the effects of noise, and has identified levels of noise which fully protect public health and welfare. EPA is identifying major noise sources, suggesting control techniques. and setting standards for each type of noise source. EPA also works with the Federal Aviation Administration in an advisory capacity to help develop aviation noise standards. 24 ------- EPA has issued interstate carrier regulations limiting the maximum noise emissions of new heavy duty trucks and for railroad equipment now in service. In addition, EPA has issued standards for new trucks, new railroad equipment, and new air compressors. The Agency is using its overall authority to achieve a significant reduction in the adverse health and welfare effects of the environ- mental noise. Near term reductions will occur in some areas. In others, relief must await the normal replacement of old equip- ment by the new quieter products required by EPA's regulations. ighlightsof the Noise Control Act of 1972 • The EPA Administrator is required to protect public health and welfare by set- ting acceptable levels for products that are sources of noise in the categories of construction equipment, transportation equipment (except aircraft), all motors and engines, and electronic equipment. • To set noise standards. EPA is direct- arch and publish information oise limits required to protect human health and weli'are. to identify product-; ces of noise, and t provide information on techniques for controlling noise. • Acting in an advisory capacity, EPA must submit recommendations and pro- pose regulations to the Federal Aviation Administration ( F\A) to control a< tion noise. The I-'AA, however, remains direcllv responsible for regulating avia- tion n> • EPA is mandated tu require labeling ;o their noise-generating ducing characteristics. 25 ------- The Costs of Pollutioi Control The President's Council on Environmental Quality (CEQ) has estimated that to reduce air and water pollution, improve disposal of solid waste, control radiation hazards, pre- vent abuse of pesticides, and reclaim strip- mined land will cost the country $325 billion over the period 1973-1982. Some $194.8 billion of this investment will be authorized by Federal environmental legislation. The . overall cost of pollution control may absorb as much as one percent of our Gross Na- tional Product during any given year. The cost was projected to reach a peak of $80 per citizen in 1976, and then gradually decline. There are some people who justifiably won- der if it is wise to make such enormous out- lays for environmental upgrading and protection. Others feel that antipollution spending is inherently inflationary and non- productive. These points deserve-answers. A joint EPA-CEQ study estimates that, at most, pollution control will raise prices only about 0.3 percent per year on the average until 1978, and a negligible amount after that. Moreover, industry's capital require- ments for environmental protection will be small relative to overall capital needs. Over the next decade, pollution-related invest- ment by industry is projected to equal only 2-3 percent of gross private domestic invest- ment, and only about 6 percent of private investment in plant and equipment. These percentages will be higher for certain indus- tries, lower for others. As long as environmental outlays yield bene- fits at least equal to their costs, they are no more inflationary or nonproductive, for ex- ample, than expenditures for law enforce- ment, research or education. Antipollution measures do not cause sub- stantial unemployment. Between January 1971 and December 1975 EPA learned of 69 plant closings allegedly caused by the threat of pollution control expenditures. Some were unprofitable facilities that would have closed anyway. These closings affected 12,000 jobs. At the same time, however, EPA has created thousands of jobs via its construction grant program for waste water treatment facilities. The environmental movement offers many opportunities to save. It has been estimated that "about 25 percent of the total energy used in this country could be saved. Serious conservation efforts could conceivably close the entire foreign fuel gap by 1985. A joint Department of Transportation-EPA report shows that by 1980 feasible technical im- provements in auto engines could save $5 billion a year in overall petroleum demand. In fact, if the average efficiency of gasoline consumption in our automobiles during 1972 had been 20 miles per gallon—instead of 13.5 miles per gallon—we could have saved more than 23 billion gallons of gas costing $14 billion. And if the aggregate efficiency of electric power production had been 40 per- cent instead of 29.5 percent, we could have saved the equivalent of $3.3 billion worth of oil. That would have helped greatly to con- trol inflation. The fact that the economics of ecology do not prevent sound and effective environ- mental protection is encouraging. But another fact remains: It will take a high level of commitment on the part of individuals as well as Federal, State, and local govern- ments to achieve the goal of a clean, livable environment. 26 ------- United States Environmental Protection Agency Regional Offices and States Covered Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont New Jersey, New York, Puerto Rico, Virgin Islands Delaware, Maryland, Pennsylvania, Virginia, West Virginia, D.C. Boston, Massachusetts 02203 617-223-7210 New York, New York 10007 212-264-2525 3 Philadelphia, Pa. 19106 215-597-9814 4 Atlanta, Georgia 30308 404-881-4727 5 Chicago, Illinois 60604 312-353-2000 6 Dallas, Texas 75270 214-749-1962 7 Kansas City, Missouri 64108 816-374-5493 8 Denver, Colorado 80203 303-837-3895 9 San Francisco, Calif. 94111 415-556-2320 10 Seattle, Washington 98 101 206-442-1220 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina. Tennessee Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin Arkansas, Louisiana, New Mexico, Oklahoma, Texas Iowa, Kansas, Missouri, Nebraska Colorado, Montana, North Dakota, South Dakota. Utah, Wyoming Arizona, California, Hawaii, Nevada. American Samoa, Guam, Trust Territories of Pacific Islands, Wake Island Alaska, Idaho, Oregon, Washington ------- |