WIRONMENTAL PROTECTION AGENCY
The Federal Regulation of
Toxic Substances in the
Environment an Annotated
Bibliography
May 1977
F°5*
REGION II LIBRARY
New York, New York 10007
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THE FEDERAL REGULATION OF TOXIC SUBSTANCES IN THE ENVIRONMENT
AN ANNOTATED BIBLIOGRAPHY
John Denkowski
U.S. Environmental Protection Agency
Region IT Library
May 1977
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INTRODUCTION
This compilation is intended to provide a listing
of select materials relating tc the F?c!c.r?.l regulation
of toxic substances in the environment. Special emphasis
is placed on the recently enacted Toxic Substances Control
Act and on toxic chemical substances in general; materials
dealing with pesticides and hazardous wastes are also in-
cluded, but to a limited extent. This bibliography does
not cover radioactive materials, food and drug additives,
or cosmetics.
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CONTENTS
Page
TOXIC SUBSTANCES CONTROL ACT 1
FEDERAL LAWS 2
FEDERAL REGULATIONS 3
CONGRESSIONAL DOCUMENTS1 4
GOVERNMENT REPORTS 6
Environmental Protection Agency^ 5
Office of Pesticide Programs 7
Office of Research and Development 7
Office of Solid Waste Management Programs S
Office of Toxic Substances 9
Office of Water Planning and Standards 12
Council on Environmental Quality 13
National Institute for Occupational Safety and Health ... 13
National Research Council and National Academy of Sciences . 14
Department of Health, Education, and Welfare 15
LOOSE-LEAF SERVICES 16
NEWSLETTERS 18
INDEXES AND BIBLIOGRAPHIES . 19
RESERVE MINING CO. v. ENVIRONMENTAL PROTECTION AGENCY 21
LAW REVIEW ARTICLES - 22
BOOKS 3 24
Includes materials prepared by the Congressional Research
Service of the Library of Congress.
2Includes reports prepared by EPA, and by contractors for EPA.
3lncludes textbooks, treatises, compilations, etc.
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TOXIC SUBSTANCES CONTROL ACT
(l) Toxic Substances Control Act, Pub. L. fio. 94-469, 90 Stat.
2003 (1976) (to be codified in 15 U.S.C. § 2601)
"An Act to regulate commerce and protect human health
and the environment by requiring testing and necessary
use restrictions on certain chemical substances, and for
other purposes."
(2) House Comm. on Interstate and Foreign Commerce, Toxic Sub-
stances Control Act, H.R. Rep. No. 94-1341, '94th Cong.,
2d Sess. (1976)
Report by the House Committee on Interstate and
Foreign Commerce together with supplemental and minority
views (including cost estimate of the Congressional Budget
Office) to accompany H.R. 14032.
(3) Senate Comm. on Commerce, Toxic Substances Control Act,
3. Rep. No. 94-698, 9^th Cong., 2d Sess. (1976)
Report of the Senate Committee on Commerce on S.
together with additional views.
(4) H.R. Rep. No. 94-1679, 9^th Cong., 2d Sess. (1976)
S. Rep. No. 94-1302, 94th Cong., 2d Sess. (1976)
Toxic Substances Control Act conference committee
report to accompany S. 31/4-9«
(5) Debates
122 Cong. Rec. S4397-S4432 (daily ed. Mar. 26, 1976)
Senate considered and passed S. 3149.
122 Cong. Rec. H3803-H8863 (daily ed. Aug. 23, '-976)
House considered and passed S. 31^-9, amended, in
lieu of H..R. 14032.
122 Cong. Rec. Sl6c08-Sl68lO (daily ed. Sept, 28, 1976)
S17596-S17597 (daily ed. Oct. 1, 1976)
Senate agreed to a conference report.
122 Cong. Rec. H11343-H11348 (daily ed. Sept 28, 1976)
House agreed to a conference report.
(6) 12 Weekly Comp. of Fres. Doc. 1489 (Oct. 12, 1976)
Presidential statement.
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(?) Environment and Natural Resources Policy Division, Congres-
sional Research Service, Library of Congress, Legislative
History of the Toxic Substances Control Act (1976)
"This document contains the major bills, reports,
and debates which comprise the action of the 94th Con-
gress concerning the acx. Appendices contain a report
of the Council on Environmental Quality which originally
proposed this legislation and a bibliography of Congres-
sional documents concerning Toxic Substances Control
legislation from 1971 to 1976. A section-by-section index
is included to permit easier access to provisions of con-
cern. "
(Items #1 through #6, and #54, are included in this com-
pilation)
FEDERAL LAWS
(3) Clean Air Amendments of 1970, Pub. L. 91-604, 84 Stat. 1676,
42 U.S.C. § 1857 et seq.
"An Act to amend the Clean Air Act to provide for a
more effective program to improve the quality of the
Nation's air."
(9) Federal Insecticide, Fungicide, and Rodenticide Act,
61 Stat. 163 (1947), 7 U.S.C. § 135 et seq.
"An Act to regulate the marketing of economic poisons
and devices, and for other purposes."
Amended by the Federal Environmental Pesticide Control
Act of 1972, Pub. L. 92-516, 86 Stat. 973, 7 U.S.C. § 135
et seq.
(10) Federal Water Pollution Control Act Amendments of 1972,
Pub. L. 92-500, 86 Stat. 816, 33 U.S.C. § 1251 et seq.
"The objective of this Act is to restore and maintain
the chemical, physical, and biological integrity of the
Nation's waters."
(11) Marine Protection, Research, and Sanctuaries Act of 1972,
Pub. L. 92-532, 86 Stat. 1052, 16 U.S.C. §.1431 et seq.
and 33 U.S.C. § 1401 et seq.
"An Act to regulate the transportation for dumping,
and the dumping, of material into ocean waters, and for
other purposes."
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(12) Resource Conservation and Recovery Act of 1976, Pub. L.
94-580, 90 Stat. 2?95 (to be codified in 42 U.S.C.
§ 6901)
"An Act to provide technical and financial assis-
tance for the development of management plans and facil-
ities for the recovery of energy and other resources
from discarded materials and for the safe disposal of
discarded materials, and to regulate the management of
hazardous waste."
This Act completely replaced the previous language
of the Solid Waste Disposal Act.
(13) Safe Drinking Water Act, Pub. L. 93-523, 88 Stat. 1660
(1974), 42 U.S.C. § 300f et seq.
"An Act to amend the PuDlic Health Service Act to
assure that the public is provided with safe drinking
water, and for other purposes,"
(14) Occupational Safety and Health Act of 1970, Pub. L. 91-596,
84 Stat. 1590, 29 U.S.C. § 651 et seq.
"An Act to assure safe and healthful working con-
ditions for working men and women; by authorizing
enforcement of the standards developed under the Act;
by assisting and encouraging the States in their efforts
to assure safe and healthful working conditions; by pro-
viding for research, information, education, and training
in the field of occupational safety and health; and for
other purposes."
FEDERAL REGULATIONS
(15) Code of Federal Regulations (C.F.R.) (revised annually)
"The Code of Federal Regulations is a codification
of the general and permanent rules published in the
Federal Register by the Executive departments and agencies
of the Federal Government. The Code is divided into 50
titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which
usually bear the name of the issuing agency. Each chapter
is further subdivided into parts covering specific regu-
latory areas."
Title 40 is concerned with protection of the environ-
ment.
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(16) Federal Register (Fed. Reg.) (Published daily, Monday through
Friday, except Federal holidays)
"The Federal Register provides a uniform system for
making available to the public regulations and legal
notices issued by Federal agencies. These include Presi-
dential proclamations and Executive orders and Federal
agency documents having general applicability and legal
effect, documents required to be published by Act of
Congress and other Federal agency documents of public
interest."
CONGRESSIONAL DOCUMENTS
(1?) Environmental Policy Division, Congressional Research Ser-
vice, Library of Congress, A Legislative History of the
Clean Air Amendments of. 1970 (Serial Mo. 93-18, 197*0
(2 vols.)
This compilation contains the major bills, reports,
debates and other documents which comprise the legisla-
tive history of the Clean Air Amendments of 1970. A
section-by-section index is provided in Volume II.
(18) Environmental Policy Division, Congressional Research Ser-
vice, Library of Congress, A Legislative History of the
Water Pollution Control Act Amendments of 1972 (Serial
No. 93-1, 1973) (2 vols".)
This compilation contains the major bills, reports,
debates and other documents which comprise the legisla-
tive history of the Water Pollution Control Act Amend- .
ments of 1972. A section-by-section index is provided
in Volume II.
(19) Staff of Subcomm. on Labor of Senate Comm. on Labor and
Public Welfare, 92d Cong., 1st Sess., Legislative His-
tory of the Occupational Safety and Health Act of 1970
(Comm. Print 1971)
This compilation contains the major bills, reports,
debates and other documents which comprise the legisla-
tive history of the Occupational Safety and Health Act
of 1970. A section-by-section index and an alphabetical
subject matter index are also included.
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(20) Environmental Policy Division, Congressional Research Ser-
vice, Library of Congress, Environmental Protection
Affairs of the Ninety-Third Congress (Serial No. 94—2,
1975)
"This report summarizes the environmental activities
of the 93d Congress. Individual chapters address the
traditional categories of pollution—air, water, solid
wastes, noise, toxic substances, radiation, et cetera."
"Each chapter is designed to stand alone as a fairly
concise summary of congressional effort in each pollution
category. . . . The chapters generally contain summaries
of legislation enacted, proposed legislation, hearings,
and other significant reports. Each chapter also attempts
to describe the major issues with which the 93d Congress
dealt."
(21) The Costs and Effects of Chronic Exposure to Low-Level
Pollutants in the Environment: Hearings Before the Sub-
comm. on the Environment and the Atmosphere of the House
Comm. on Science and Technology, 94-th Cong., 1st Sess.
(No. ^9, 1975)
"The purpose of these hearings was to receive testi-
mony regarding causes, effects, and costs of chronic
low-level environmental pollution."
(22) Congressional Research Service, Library of Congress, Effects
of Chronic Exposure to Low-Level Pollutants in the
Environment (1975)
"The purposes of this study are: (l) to examine the
threat to the environment from low-level chronic pollution;
(2) to determine present research and development capabil-
ity to assess, through testing and monitoring, 'the nature
and extent of this threat; (3) to examine the adequacy of
present standards to provide protection from low-level
pollutants; and (4-) to review, in general terms, the
ability of current legislative approaches to control the
entrance of chronic pollutants into our envionment."
(23) Majority Staff of the Subcomm. on Administrative Practice and
Procedure of the Senate Comm. on the Judiciary, 94-th
Cong., 2d Sess., The Environmental Protection Agency and
the Regulation of Pesticides (1976)
This report, issued in December of 1976, concludes
"that pesticides regulation in the United States is funda-
mentally deficient," and charges EPA with having "largely
failed in its responsibility to assure the safe use of
pesticides as mandated by the Congress."
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[2*0 Office of Technology Assessment, U.S. Congress, A Review
of the U.S. Environmental Protection Agency Environ-
mental Research Outlook. FY 1976 through 1980
(OTA-E-32, 1976)
In this report. Congress's Office of Technology
Assessment criticizes EPA's initial research and devel-
opment plan (item #30) for "failure to indicate a com-
mitment to long-range research and, as a corollary, an
excessive focus on short-term cresearch and developments
issues related directly to the enforcement and/or achieve-
ment of EPA's current regulations."
GOVERNMENT REPORTS
Environmental Protection Agency
(25) U.S. Environmental Protection Agency, "EPA Enforcement"
(1973- )
These reports document the Environmental Protection
Agency's enforcement actions in the areas of air, water,
and pesticide pollution. The First Two Years—A Review .
of EPA's Enforcement Program (FB-227 158) covers December
1970, the date of the Agency's formation, to November
1972. EPA Enforcement—Two Years of Progress (PB-2**4 948)
covers December 1972 to November 197^. EPA Enforcement—
A Progress Report covers December 19?^- to December 1975-
(26) U.S. Environmental Protection Agency, Quality Criteria for
Water (EPA-440/9-76-023, 1976)
"The Federal Water Pollution Control Act Amendments
of 1972 require the Administrator of the Environmental
Protection Agency to publish criteria for water quality
accurately reflecting the latest scientific knowledge on
the kind and extent of all identifiable effects on health
and welfare which may be expected from the presence of
pollutants in any body of water, including ground water.
Proposed Water Quality Criteria were developed and a
notice of their availability was published on October 26,"
1973 (38 FR 296^6). This present volume represents a
revision of the proposed water quality criteria based
upon a consideration of comments received from other
Federal agencies, State agencies, special interest groups,
and individual scientists.
This volume . . . addresses the effects of those
basic water constituents and pollutants that are con-
sidered most significant in the aquatic environment in
the context of our present knowledge and experience."
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EPA - Office of Pesticide Programs
(27) Development Planning and Research Associates, Incremental
Cost Impacts of the 1972 Federal Insecticide Fungicide
and Rodenticide Act as Amended (EPA-540/9-76-002. 1976)
(F&-250 963)
This study attempts to evaluate the economic impacts
of the 1972 Federal Insecticide, Fungicide and Roder/ticide
Act, as amended, on the pesticide industry, pesticide
users and consumers, and to describe inflationary impacts
which may result.
(28) Little (Arthur D.), Inc. , Evaluation of the Possible Impact
of Pesticide Legislation on Research and Development
Activities of Pesticide Manufacturers (EPA-64-0/9-7 5-018.
1975) (PB-2^5 023)
"The probable effects of past and current regulatory-
action on innovative research and development activity in
the pesticide industry is the subject of this report."
(29) Office of Pesticide Programs, U.S. Environmental Protection
Agency, EPA Compendium of Registered Pesticides
(1972- I (5 vols. supplements)
Volume I: Herbicides and plant regulators; Volume II:
Fungicides and nematicides; Volume III: Insecticides,
acaricides, mollusicides and anti-fouling compounds;
Volume IV: Rodenticides and mammal, bird and fish toxi-
cants; Volume V: Disinfectants.
EPA - Office of Research and Development
(30) Office of Research and Development, U.S. Environmental
Protection Agency, Environmental Research Outlook.
FY 1976 through 1980. Report to Congress (1976)
(to be updated annually)
This document represents the first attempt by EPA'.s
Office of Research and Development to present a five-
year overview of its research program, priorities, and
trends. Among the areas covered in this report is a
description of the Office's Health and Ecological Effects
Program to provide information for the establishment and
reevaluation of water quality criteria, air quality cri-
teria, ocean disposal criteria, pesticide registration
guidelines, effluent standards for toxic and hazardous
materials, and radiation standards.
, Environmental Research Outlook, FY 1977 through
FY 1981. Report to. Congress (EFA-600/9^77-002, 1977)
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EPA - Office of Solid Waste Management Programs
(31) Office of Solid Waste Management Programs, U.S. Environ-
mental Protection Agency, Disposal of Hazardous Wastes;
Report to Congress (SA'-il5, 1974)
"Section 212 of tne Solid Waste Disposal Act
(P.L. 89-272) as amended required that the U.S. Environ-
mental Protection Agency (EPA) undertake a comprehensive
investigation of the storage and disposal of hazardous
wastes. This document represents EPA's Report to the
President and the Congress.
The report is organized into a summary, five major
sections, and appendixes. The first section discusses
the congressional mandate and the Agency's response to
it. Next, the public health, technological, and economic
aspects of the problem of disposing of hazardous wastes
are reviewed. A section detailing the case for hazardous
waste regulation follows. The report concludes with a
discussion of implementation issues and a presentation of
findings and recommendations."
(Report delivered June 30, 1973. to the President and the
Congress)
(32) Office of Solid Waste Management Programs, U.S. Environ-
mental Protection Agency, Hazardous Waste Disposal
Damage Reports (EPA/530/SW-151- , 1975- )
Series of periodically issued damage reports docu-
menting incidents of improper land disposal of hazardous
wastes.
(33) Office of Solid Waste Management Programs, U.S. Environ-
mental Protection Agency, Public Meetings on Hazardous
Waste Management. 1975 (SW-9p, 1976) (2 vols.)
This publication constitutes the official record of
the meetings announced September 17, 1975. in the Federal
Register and held in December by EPA's Office of Solid
Waste Management Programs. The purpose of these meetings,
held at various locations throughout the country, was to
solicit public, industry, labor, and other Federal .agency
comment in order to assist EPA in determining the types
and character of_any advice and guidance which should be
developed for the environmentally safe management of
hazardous wastes.
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(34) Office of Solid Waste Management Programs, U.S. Environ-
mental Protection Agency, A Summary of Hazardous Sub-
stances Classification Systems (EPA/530/SW-l?l, 1975)
"This paper describes the criteria used by 23 systems
to define a 'hazardous substance,' primarily for regu-
latory purposes.."
EPA - Office of Toxic Substances
(35) Battelle Columbus Laboratories, Identification Systems for
Selecting Chemicals or Chemical Classes as Candidates
for Evaluation (EPA-560/1-74-001, 1974) TFB-238 196)
"This report summarizes the state of the art on sys-
tems, either existing or conceptual, that can be used or
adapted for use to select, assess, and prioritize chemi-
cals for their health or environmental effects."
(36) Battelle Memorial Institute, Papers of a Seminar on Early
Warning Systems for Toxic Substances (EPA-56o7l~-75-003,
1975) (PB-244 412)
"These proceedings present, the results of a 3-day
seminar held at Battelle's Seattle Research Center early
in 1974. The purpose of the seminar was to examine some
of the tools that currently exist which may be applicable
to the early identification, assessment and prioritiza-
tion of chemical substances that impact adversely on man
or his environment."
(37) Midwest Research Institute, "Sampling and Analysis of Selected
Toxic Substances" (-1976- , ) (series of reports)
"The purpose of this program is to provide sampling
and analysis capabilities to EPA's Office of Toxic Sub-
stances, so that the levels of suspected toxic substances
in air, water, soil, and sediment at designated locations
throughout the United States may be determined."
(38) National Bureau of Standards, Summary of the Office of Toxic
Substances Requirements Resulting from the Toxic Sub-
stances Control Act and a Preliminary Specification for
a Data Management System (EPA-560/3-74-001, 1974)
(PB-238 088)
"This report presents a requirements analysis and
feasibility study for the data management system needed
to use effectively industrial reporting data resulting
from the [then] proposed Toxic Substances Control Act."
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(39) Office of Toxic Substances, U.S. Environmental Protection
Agency, Activities of Federal Agencies Concerning
Selected High Volume Chemicals (EPA-560/4-75-001,
1975) (P3-240 133)
"This Report summarizes the nature and extent of
many of the research and regulatory activities of one
Environmental Protection Agency and other Federal Agencies
directed towards fifty high volume chemicals. The Report
is intended to assist those persons and organizations
int2rested in anticipating and avoiding future incidents
involving major chemicals."
(40) Office of Toxic Substances, U.S. Environmental Protection
Agency, Analysis of the National Academy of Sciences'
Report "Decision-making for Regulating Chemicals in the
Environment"(EFA-560/3-76-001, 1976)
Prepared by the EPA Office of Toxic Substances, with
input from other Offices within the Agency, this document
contains an analysis of the thirty-four recommendations
presented in the National Academy of Sciences' report
Utem £59).
(41) Office of Toxic Substances, U.S. Environmental Protection .
Agency, Assessment and Control of Chemical Problems; An
Approach to Implementing the Toxic Substances Control
Act (1977)
"This draft document describes a possible approach to
the implementation of the Toxic Substances Control Act
(T3CA). It represents the first step in the development
of an overall strategy for implementation of the new law."
(42) Office of Toxic Substances, U.S. Environmental Protection
Agency, Core Activities of the Office of Toxic Substances
(Draft Program Plan) (E?A-56oA-?6-005, 1976) (PB-257 139)
"This report sets forth the core activities of the
Office of Toxic Substances and the Office's future pro-
gram plan. It describes a variety of efforts to identify,
characterize, and reduce environmental problems associated
with toxic chemicals."
(43) Office of Toxic Substances, U.S. Environmental Protection
Agency, Draft Economic Impact Assessment for the Proposed
Toxic Substances Control Act (S. 776)TEPA-560/4-75-002.
1975) (PB-242 326")
This draft report sets forth preliminary estimates of
the direct costs likely to result to industry from the
implementation of S. 776, an earlier version of the Toxic
Substances Control Act.
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(44) Office of Toxic Substances, U.S. Environmental Protection
Agency, A Framework for the Control of Toxic Substances
(A Compilation of Speeches) UPA-560/^-75-004, 1975)
(PB-243 459)
A compilation of speeches made between October of
1973 and March of 1975 by Glenn L'. Schweitzer, . the Direc-
tor of the EPA Office of Toxic Substances.
(45) Office of Toxic Substances, U.S. Environmental Protection
Agency, Identification of Selected Federal Activities
Directed to Chemicals of Wear-Term Concern
(EPA-560/4176-006, 1976) (Pb-<:57 4941
"This Report is intended to assist Federal agencies
and other interested organizations obtain current infor-
mation on the on-going activities of EPA directed to
selected chemicals of near-term concern. In addition to
identifying the principal EPA programs related to these
chemicals, the Report also includes significant activities
of other organizations when that information is available."
(46) Office of Toxic Substances, U.S. Environmental Protection
Agency, An Ordering of the KI03H Suspected Carcinogens
List Based Only on Data Contained in the List
(EPA-560/1-76-003, 1976T(FB-251 851)
"This document is the first product of an effort to
arrange the substances presented in the NI03H Suspected
Carcinogens Subfile in a meaningful and useful way.
Utilizing carcinogenic related data presented in the
NIOSK Subfile, a four-digit number was computed for each
substance to indicate the relative degree of concern
that might be warranted regarding its possible carcinogenic
potential. This first-listing in this document presents'
the substances in order of the four-digit number computed
for each. A second listing presents the substances alpha-
betically by compound name."
(47) Office of Toxic Substances, U.S. Environmental Protection
Agency, Preliminary Assessment .of Suspected Carcinogens
in Drinking Water; An Interim Report to Congress
(EPA-560/4-75-003 and EPA-560/4-75-003A, 1975)
(PB-244 4!5 and P3-244 4l6) (2 vols.)
This report was prepared in response to a Safe Drink-
ing Water Act amendment directing the EPA Administrator
to "conduct a comprehensive study of public water supplies
and drinking water sources to determine the nature, extent,
sources of and means of control of contamination by chemi-
cals or other substances suspected of being carcinogenic."
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(48) Office of Toxic Substances, U.S. Environmental Protection
Agency, Selected Aspects of the Control of Toxic Sub-
stances (A Compilation of Speeches) (EPA-560/4-76-002,
1976) (P3-25^ M7)
This collection of speeches by members of the staff
of the Office or Toxic Substance? serves to reflect the
evolution of the interests, policies, and programs of
the Office during the past several years.
(49) Office of Toxic Substances, U.S. Environmental Protection
Agency, Summary. Characterizations of Selected Chemicals
of Near-Term Interest (EPA-560/4-76-004, 1976) (P3-255 817)
"This report includes summary characterizations of 15
chemicals of near-term concern to EPA. The report sum-
marizes (a) health and ecological effects and environ-
mental behavior, (b) sources, environmental levels and
exposed populations, (c) technologic and economic aspects
and (d) steps that have been and are being taken."
0) Office of Toxic Substances, U.S. Environmental Protection
Agency, Summary Tabulation of Selected EPA Activities
Concerning: Toxic Chemicals TEFA-560A-76-001 , 19?6)
(P3-253 1721
"The tabulation in this Report summarizes EPA's cur-
rent activities directed to related toxic chemicals, with
emphasis on current and near-term regulatory activities."
EPA - Office of Water Planning and Standards
1) Battelle-Northwest, Richland, Wash. Pacific Northwest Lab.,
Determination c_f Harmful Quantities and Rates of Penalty
for Hazardous Suostances (EPA-440/9-75-005a through
EPA-440/9-75-00~5d, 197^-1975) (PB-257 793 through
FB-257-796)
"U.S. legislation requires the formulation of regu-
lations designating specific hazardous substances and the
delineation of harmful quantities for these substances.
Penalty rates are to be established for spillage of non-
removable hazardous substances to motivate greater efforts
in the area of spill prevention. The objective of the
subject study was to examine several technical alternatives
for developing harmful quantity and penalty regulations.
Four such methodologies are reported."
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(52) Office of Water Planning and Standards, U.S. Environmental
Protection Agency, "Criteria Documents"
Thase documents summarize the physical/chemical
properties, toxicological information, and environmental
fate ana effects of selected toxic pollutants, with empha-
sic on aquatic behavior. From these data a criterion for
the protection of aquatic life and human health is devel-
oped.
Council on Environmental Quality
(53) Council on Environmental Quality, "Annual Report" (1970 to
date) (annual)
The Council on Environmental Quality was established
by the National Environmental Policy Act of 1969, to
formulate and recommend national policies to promote the
improvement of the quality of the environment. One of
the Council's functions is to assist the President in
the preparation of an annual environmental quality report
to the Congress. To date, these annual reports have con-
tained sections reviewing the harmful effects of substances
that were most recently discovered to be hazardous. The
Council's Sixth Annual Report contains a special section
on carcinogens in the environment.
Council on Environmental Quality, Toxic Substances (l9?l)
(PB-245 3?8)
This 1971- report by the Council on Environmental
Quality outlines the need for legislation to protect
human health and the environment from the effects of
toxic chemical substances.
National Institute for Occupational Safety and Health
(55) National Institute for Occupational Safety and Health, "Cri-
teria Documents"
"The development of criteria documents as a basis for
standards for occupational exposure to chemical and physi-
cal hazards is a continuing activity of NIOSH. These
criteria documents are publications which are prepared
from a critical evaluation of all published medical, bio-
logical, engineering, and trade information and data for
the purpose of establishing the concentration of a sub-
stance in the occupational environment which has been
found to cause no harmful, 'toxic' effects in people
working for up to ten hours per day, for forty hours per
week, for a normal working life time."
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(56) National Institute for Occupational Safety and Health,
Registry of Toxic Effects of Chemical Substances
(6th ed., 1976) (annual)
"The annual publication of a list of known toxic sub-
stances is a NIOSH mandate under the Occupational Safety
and Health Act of 1970. CThis registry] is intended to
provide basic inforiaat.i bn on the known toxic and biologi-
cal effects of chemical substances for the use of em-
ployers, employees, physicians, industrial hygenists,
toxicologists, researchers and, in general, anyone con-
cerned with the proper and safe handling of chemicals."
A typical entry for a substance listed in the registry
may include: the prime name of the substance; a Chemical
Abstracts Register Number; the molecular weight; the
molecular or elemental formula; the Wiswesser Line Nota-
tion; synonyms; toxic dose data; a reference to the source
from which the toxic dose data was derived; an aquatic
toxicity rating; information concerning Threshold Limit
Values and cancer reviews; information concerning stan-
dards and regulations promulgated by Federal agencies;
and information concerning NIOSH Criteria Documents.
($7) National Institute for Occupational Safety and Health,
Suspected Carcinogens; A_ Subfile of the NIOSH Toxic
Substances List (1975)
"This publication is the first in a series of sub-
files extracted from the National Institute for Occupa-
tional Safety and Health (NIOSH) Toxic Substances List.
The objective of this edition is to assemble in one list
all the chemicals identified as having carcinogenic
activity as reported in the literature. . . . This publi-
cation is intended to meet general information needs on
potential chemical carcinogens as well as to provide
documentation for the list of approximately 1500 chemical
substances published by NIOSH in the Federal Register."
National Research Council and National Academy of Sciences
(58) Committee on Medical and Biologic Effects of Environmental
Pollutants, National Research Council, "Medical and Bio-
logic Effects of Environmental Pollutants" (197?- )
The objective of this series of reports is to present
a balanced and comprehensive survey of selected environ-
mental pollutants in relation to health, for the informa-
tion of the scientific community and the general public,
and for the guidance of standard setting agencies. To
date, volumes in the series include: asbestos, chromium,
fluorides, particulate polycyclic organic matter, manga-
nese, vanadium, nickle, copper, vapor-phase organic pol-
lutants, selenium, and chlorine and hydrogen chloride.
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(59) National Academy of Sciences, Decision Making for Regulating
Chemicals i_n the Environment (\ 97*5)
"This report analyzes the key aspects of the process
for making regulatory decisions about chemicals in the
environment. It focuses primarily on industrial chemicals
and on decision making at the federal level, 'i'he factors
external to a regulatory agency—the statutory framework
and the participation of groups outside an agency—are
considered first. The use of information within the
agency is then considered."
"The intent of the study was to assess the state of
the art on this type of decision making, to identify in-
adequacies in current methods, and to make recommendations
that could aid EPA and other regulatory agencies in making
more equitable and scientifically sound decisions for con-
trolling chemicals in the environment."
(60) National Academy of Sciences, Principles for Evaluating Chemi-
cals in the Environment (1975) (F3-2^0 9l6~5
This report provides information on ways to evaluate
and test environmental chemicals for their potential
impact on health and the environment. Areas of discus-
sion include general considerations of risk-benefit
analysis, exposure levels, and statistical considerations;
human health effects of acute and subchronic tcxicity,
chronic toxicity, chemical carcinogenesis, effects on
reproduction and behavior; ncnhuman biological effects
including simulated systems, field studies of populations
and ecosystems, and episodic exosures; effects on inani-
mate systems; and analysis and monitoring.
Department of Health, Education, and Welfare
(6l) Secretary's Commission on Pesticides and Their Relationship
to Environmental Health, U.S. Department of Health,
Education, and Welfare, Rejport of the Secretary * s Com-
mission on Pesticides and Their Relationship to Environ-
mental Health (1969) (PB-251 630!
"The Secretary's Comission on Pesticides and Their
Relationship to Environmental Health was appointed in
April 1969 and charged with the responsibility of gather-
ing all available evidence on both the benefits and risks
of using pesticides, evaluating it thoroughly,.and report-
ing their findings to the Secretary cof Health, Education,
and Welfare]. The Commission concluded that there is
adequate evidence concerning potential hazards to the
environment and to man's health to require corrective
action. Fart I contains the Commission's unanimous recom-
mendations along with summaries of the reports of four
Subcommittees to the Commission. Part,II contains the
complete reports and conclusions of four Subcommittees.
and the -four Advisory Panels to the Commission."
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LOOSE-LEAF SERVICES
(62) Chemical Regulation Reporter (Bureau of National Affairs)
The new 3NA Chemical Regulation Reporter consists
of three parts: Current Reports, a Reference File, and
Hazardous Materials Transportation. The Current Reports
binder is updated weekly and provides information on
developments relating to Federal chemical regulations.
The Reference File binder contains reference information
on regulations based under the Toxic Substances Control
Act; rules on the disposal of chemicals in air, in water,
or on land; rules and regulations of EPA's pesticide pro-
gram; and on radioactive chemicals. In the Hazardous
?;laterials Trasportation binder are rules and regulations
on the transportation of chemicals and other hazardous
materials.
(6.3) Environment Reporter (Bureau of National Affairs)"
The 3NA Environment Reporter (Envir. Rep.) is orga-
nized in three parts: Current Developments, Decisions,
and a Reference File. The Current Developments binder
is updated weekly and provides information on Federal and
state governmental actions relating to pollution control;
the Decisions binder provides digests and texts of Federal
and state court decisions on pollution control and other
environmental management litigation; and the Reference
File binders contain materials of permanent reference
value, such as Federal laws and regulations, state air
and water laws and regulations, and state solid waste land-
use laws and regulations.
(64-) Occupational Safety & Health Reporter (Bureau of National
Affairs)
The BNA Occupational Safety & Health Reporter is
organized in three parts: Current Reports, Decisions,
and a Reference File. The Current Reports binder is up-
dated weekly and provides information on governmental
actions relating to occupational safety and health; the
Decisions binder includes significant court and Occupa-
tional Safety and Health Review Commission decisions; and
the Reference File binder contains materials of permanent
reference value, such as statutes and orders, standards,
and regulations.
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(65) Toxic Materials Reference Service (Business Publishers, Inc.)
This new service is intended to report on legislation,
rules and regulations, and significant court cases relating
to toxic materials. Initial documentation includes the
Toxic Substances Control Act along with various Congres-
sional reports that comprise the Act's legislative his-
tory; sections of the Clean Air Act, the Federal Water
Pollution Control Act, and the Resource Conservation and
Recovery Act of 1976 that relate to hazardous and toxic
pollutants; plus regulations, guidelines, and other infor-
mation relevant to the management of toxic substances.
(66) Pollution Control Guide (Commerce Clearing House)
Contained in five consecutively-numbered binders plus
a newsletter binder, the CCH Pollution Control Guide covers
the compliance requirements established under the Federal
collution control statute's. "Volume One contains the
explanations of the various pollution control programs.
Here the laws, regulations, administrative and judicial
determinations and related official explanatory material
are brought together in a unified discussion arranged by
topic. Volumes Two and Three contain explanations of
additional topics related to the pollution control pro-
grams and feature the official texts of the federal laws
and regulations (proposed and adopted) which form the basis
for the Volume One explanations. Volume Four contains the
divisions relating to new matters including federal cases
and new developments. The remaining volume is used to ac-
cumulate the weekly newsletter."
(67) Environment Regulation Handbook (Environment Information
Center)
The Environment Regulation Handbook is divided into
four major parts: an Introductory Section, a Regulatory
Section, an Index Section, and a Retrieval Section. The
Introductory Section contains a chapter on Government Aid
and a Directory of Pollution Control Officials. The Regu-
latory Section contains chapters on Air Pollution, Land
Use, Mobile Sources, the National Environmental Policy
Act, Noise, Pesticides, Radioactive Materials, Solid Wastes,
Toxic Substances, and Water Pollution. The Index Section
provides a subject guide to the Handbook, and the Retrieval
Section contains listings of documents available from the
Environment Information Center. A special section on
energy has recently been added.
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(68) Environmental Law Re-sorter (Environmental Law Institute)
Published monthly by the Environmental Law Institute
(a nonprofit national center for research and training in
environmental law), this service provides the texts of
legal materials relating to environmental topics along
with articles, .notes, and commentaries on developments in
in the field. The Environmental Law Reporter i^= organized
as folows:
Current Volume Year Binder - "divided by tab sections
for Summary and Comments, Litigation, Administrative Pro-
ceedings, Articles and Notes, Law Review Bibliography
arranged by subject area, and Indexes. Access to all
previously reported cases is included in a Table of Cases
which cites the official and other reporter systems."
Volumes for past years are also provided.
Statutes and Regulations Binder - "containing all per-
tinent treaties, conventions, statutes, regulations, and
implementing directives updated regularly with new or
revised material."
Pending Litigation/Document Service Binder - "con-
taining summaries of moving papers filed in significant
cases since 1970. This section also provides information
on obtaining full-text copies of summarized papers and on
subscriber access to Lthe Environmental Law Institute's!
repository of over 6000 environmental impact statements.
Material is indexed according to legal theory."
NEWSLETTERS
(69) Toxic Materials News (Business Publishers, Inc.)
Weekly newsletter covering developments relating to
toxic substances.
(70) Pesticide Chemical News (Food Chemical News, Inc.)
Weekly newsletter covering developments regarding
the laws and regulations governing pesticides and toxic
chemicals.
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INDEXES AND BIBLIOGRAPHIES
(71) Library Systems Branch, U.S. Environmental Protection Agency,
EPA Reports Bibliography Quarterly (1975 to date) (National
Technical Information Service)
This quarterly bibliography series supplements the
original "EPA Reports Bibliography" (EPA-LIB-73-01;
F3-223 693) dated July 1973 ar.j" the first supplement
(EPA-LIB-74-03; PB-23^ 215) dated August 1974, and the
second supplement (P3-238 800) dated December 1974. It
contains citations, abstracts and author, corporate source,
subject, contract number, accession/report number, and
title indexes for all U.S. Environmental Protection Agency
and its predecessor agencies' reports entered into the
National Technical Information Service Collection in the
period noted.
(72) National Technical Information Service, Government Reports
Announcements jc Index (biweekly, with annual index cumu-
lations)
"The National Technical Information Service (NTIS)
of the U.S. Department of Commerce is the central source
for the public sale of Government-sponsored research,
development and engineering reports and other analyses
prepared by Federal agencies, their contractors or grantees,
or by Special Technology groups."
In each issue of Government Reports Announcements &
Index, main entries for reports are arranged by subject
group and field, and an abstract is provided with each
main entry. The reports are indexed by subject, personal
author, corporate author, contract number, and accession/
report number.
(73) U.S. Superintendent of Documents, Monthly Catalog .of United
States Government Publications (U.S. Government Printing
Office)
The Monthly Catalog provides a current listing of
publications issued by all branches of the Federal Govern-
ment, including Congress. Monthly issues contain author,
title, and subject indexes. With the July 1976 issue, a
change in format was introduced! entries are now made
according to Anglo-American cataloging rules. Also, a
series/report index has been added.
Congressional Information Service, CIS/'Index (1970 to date)
(monthly, with quarterly and annual cumulations) . .
The CIS/Index abstracts and indexes hearings, reports,
committee prints, and other Congressional documents issued
during the previous month; this information is then cumu-
lated on a quarterly and an annual basis. In addition to
the material contained in the monthly and quarterly issues,
the CIS/Annual also provides brief descriptions and legisla-
lative histories of all Public Laws enacted during the
previous year and a guide to multi-volume hearings.
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(75) Office of Toxic Substances, U.S. Environmental Protection
Agency, Sen.i-Annual List of Reports Prepared for or by
the Office of Toxic Substances (1975? to date")
An annotated listing of Office of Toxic Substances
reports published by the National Technical Information
Service during the six-month period covered. A subject
index is provided.
(76) Franklin Institute Research Laboratories, Current Awareness
Service on Toxio Substances (1976 to date) ("biweekly)
(Prepared for the EPA Office of Toxic Substances)
These reports contain citations (with brief abstracts)
to toxic-substances-related items found in current issues
of selected scientific periodicals, government publications,
trade journals, and foreign journals. A subject index is
provided.
(77) National Library of Medicine, Toxicitv Bibliography (1968 to
date) (quarterly)
"The Toxicity Bibliography covers the adverse and
toxic effects of drugs and chemicals [as] reported in
approximately 2,500 biomedical journals," and is divided
into two major sections: (l) Drugs and Chemicals and (2)
Adverse Reactions to Drugs and Chemicals. A subject index
and an. author, index are provided for the Drugs and Chemi-
cals section.
(73) Environment Information Center, Environment Index (1971- to
date) (annual)
This annual review of environmental literature pro-
vides subject, SIC code, geography, and author indexes to
information appearing in technical and non-technical peri-
odicals and journals, government documents, special reports,
and other publications, plus a Federal Register index to
significant environmental entries. It also covers confer-
ences, books, and films, and contains a directory of pol-
lution control officials, a review of environment-related
events that have occurred during the year, and information
concerning environmental legislation.
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RESERVE DIKING co. v. ENVIRONMENTAL PROTECTION AGENCY
(79) Reserve Kining Co. v. Environmental Protection Agency.
51/4- ?.2d 492 (8th Cir. 1975)
This case involves actions brought by the United
States plus several statss and several environmental
groups to force the Reserve Mining Company to cease dis-
charging taconite (low-grade iron ore) wastes from its
processing plant in Silver Bay, Minnesota, into the
ambient air of Silver Bay and the waters of Lake Superior.
These wastes have been found to contain mineral fibers
identical to a-nosite asbestos or similar to amosite asbes-
tos, and have contaminated the drinking water of Duluth
and other communities on the north shore of Lake Superior.
The inhalation of asbestos is known to cause cancer; the
health effects of ingested asbestos have not yet been
determined.
In April of 197^, a Federal district court issued an
injunction directing Reserve to halt its discharge of
taconite wastes into the waters of Lake Superior. United
States v. Reserve Mining Co.. 380 F.Supp U (D. Minn. 197*0.
This injunction would effectively close the Silver Bay
plant; Reserve promptly appealed.
In torch of 1975. after several temporary stays of
the lov/er court order, the U.S. Court of Appeals for the
Eighth Circuit held:
(l) that it had been established that Reserve's dis-
charges into the air and water gave rise to a potential
threat to the public health and that the risk to public
health was of sufficient gravity to be legally cognizable
and called for an abatement order on reasonaole terms;
(2) that it had been shown that Reserve's discharges
violated Federal and state laws and state pollution con-
trol regulations, also justifying injunctive relief on
equitable terms;
(3) that no harm to the public health had been shown
to have occurred to the date of the decison and that the
danger to health was not imminent; that the evidence called
for preventive and precautionary steps; that.no reason
existed which required that Reserve terminate its operation
at once;
(4) that Reserve, with its parent companies-, -was en-
titled to a reasonable opportunity and a reasonable time
period to convert its Minnesota taconite operations to
on-land disposal of taconite wastes and to restrict air
emissions at its Silver Bay plant, or to close its existing
Minnesota taconite-pelletizing operations; that the parties
were required to expedite consideration and resolution of
these alternatives; and
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(5) that the evidence suggested that the threat to
public health from the air emissions was more significant
than that from the water discharge and, consequently,
that Reserve must take reasonable immediate steps to re-
duce its air emissions.
LAW REVIEW ARTICLES
(30) Brown, Projected Environmental Harm; Judicial Acceptance of
a Concept of Uncertain Ri,gk, 53 J. Urban L. 49? (1976)
This comment discusses the significance of a flexible
approach by the courts in assessing the anticipated health
and environmental hazards of substances whose harmful
effects have yet to be demonstrated conclusively.
(8') Gelpe & Tarlock, The Uses of Scientific Information in Environ-
mental Decisionmakine. 48 S. Calif. L. Rev. 371 TT974)
Contained in tnis article are discussions on scientific
and legal concepts of proof, on the nature of information
about ecological systems, and on factors relevant to risk-
benefit analysis.
(82) Katz, Environmental Law—In Environmental Cases Involving
Scientific Unknowns. Risk-Benefit Analysis. Rather than
Traditional Standard of Proof. Will Determine Whether
Imminent Health Hazard Exists. Environmental Defense •
Fund. Inc. _v. EPA. 510 F.2d 1292 (D.C. Cir. 197*5)
25 Cath. U. L. Rev. 178 (1975~5
This casenote discusses the application of risk-benefit
analysis by the courts in deciding a case involving the
banning of two pesticides (sldrin and dieldrin) whose
health and environmental effects had not been scientifically
proven.
(33) Masten, Epistemic Ambiguity and the Calculus of Risk; Ethyl
Corporation v. Environmental Protection Agency.
21 S. D. L. Rev. 425 U9?6)
"This comment presents a detailed examination of •' the
relationship between legal standards of proof, statistical
evidence, and the conditions of valid scientific predictive
inference in public health hazard litigation. The resolu-
tion of uncertainties in the analysis of risk in Ethyl
Corp. v. Environmental Protection Agency and Reserve toining
Co. v. Environmental Protection Agency is contrasted with
the treatment of the 'risk of accidents in the current : .
nuclear power safety debate."
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(84) Olpin, Policing Toxic Chemicals. 1976 Utah L. Rev. 85 (1976)
This article gives a brief summary of why policies
and procedures designed to determine in advance the poten-
tial hazardous effects of new chemical substances, before
they are put into use, are needed to reduce the waste of
riuman and economic resources.
(85) Potential Health Hazards and the Burden of Proof; The Implica-
tions o.f Reserve Mining. 60 Iowa L. Rev. 299 (197*0
This comment discusses "the issue of what 'rules of
proof are "applicable in interstate pollution suits,
particularly when the plaintiffs allege an actual or
threatened hazard to the public health."
(86) Prater, Reserve ftinins: Co.. v. Environmental Protection Agency;
Scientific Uncertainty and Environmental Threats to Human
Health." 1975 Utah L. Hev. 561 (1975)
This brief comment contains a discussion of the court's
analysis in Reserve fining Co. v. Environmental Protection
Agency, 51-4 F.2d 492 (3th Cir. 1975).
(87) Reserve joining.--The. Standard o_f_ Pro.Q.f Required to En .loin an
En v i r o nm e n ta 1 Hajza_rd to the Public Health. 59 Minn. L.
Rev. 893 (1975)
This note analyzes the risk-benefit approach—the
theory "that if the risks of harm (the first two factors
considered together) outweigh the benefits of the activity,
relief should be granted whether or not the ordinary stan-
dard of proof has been met"—as it was implemented by the
appellate court that decided the case of Reserve Mining
Co. v. Environmental Protection Agency, 51^ F.2d 492
(8th Cir. 1975).
(88) Selbst, Reserve fining Company v. Environmental Protection
Agency: Propable Injury and Balancing Equities—What
Constitutes Acceptable Proof? 1975 Det. C. L. Rev. 335
(1975)
This note traces "the history and development of the
Reserve wining facility, the medical and scientific devel-
opments, and the equities that bear upon the litigation."
(39) Spec tor, Regulation of. Pesticides by the Environmental Pro-
tection Agency. 5 Ecology L. Q. 233 (1976)
"After summarizing the provisions of F'EPCA that require
decisions on environmental effects, this article describes
the bureaucratic framework within which those decisions
are made. It then presents a case history of one pesticide
C(Aldrin/Dieldrin)3 that EPA removed from the market, as an
introduction to the types of problems that can arise in the
pesticide regulation process. These problems next are ana-
lyzed in a more general context."
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BOOKS
(90) R. Carson, Silent Spring (1962)
Rachel Carson's Silent Spring is concerned with the
environmental harm and health hazards that result from
the indiscriminate use of toxic chemicals to control
insects and weed growth; the book iz well written and
thoroughly documented.
(91) D. Currie, Pollution; Cases and Materials U975) (West:
American Casebook Series)
This work is concerned with explaining the regulatory
schemes used in the United States to control pollution.
Relying largely upon the Clean Air Act as the context of
discussion, the author has devoted a large portion of the
text to describing the actual rule-making process involved
in determining standards.
(92) E. Dolgin & T. Guilbert, Federal Environmental Law (1974)
(West)
Prepared under the direction of the Environmental Law
Institute (a nonprofit national center for research and
training in environmental law), this treatise "provides a
comprehensive analysis of the role of federal law in pro-
tecting and enhancing environmental quality."
(93) R. Druley & G. Ordway, The Toxic Substances Control Act (1977)
(Bureau of National Affairs)
"This book provides a detailed summary and analysis of
the provisions of the Toxic Substances Control Act of 1976,
and tells what the law means to manufacturers, processors,
distributors, importers, exporters, and states, as well as
to the Environmental Protection Agency and other federal
agencies. It also offers the text of the Act, a legisla-
tive history, key congressional reports, and excerpts from
floor debate." —Publisher's promotion
(94) Environmental Law Review (1970 to date) (Clark Boardman Co.)
An annual compilation of selected law review articles
relating to environmental topics.
(95) F. Grad, Environmental Law. Sources and Problems (1971)
(Supp., 1975) (Matthew Bender)
Among the topics covered in this legal treatise are
environmental pollution (water pollution, air pollution,
solid wastes, radiation, and noise), land-use planning,
conservation of public lands, energy needs and the environ-
mental impact, and environmental litigation.
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(96) O. Gray, Gases and Materials on Environmental Law (2d ed. ,
1973) (Bureau of National Affairs)(annual supplements)
Compilation of laws and court cases relating to
environmental topics.
(97) A. Reitze, Environmental Law (2d.ed.,.1972) (North American
International) (2 vols.)
Designed to serve as both a treatise and a textbook,
this work covers a number of topics, including the National
Environmental Policy Act, solid wastes and recycling, air
pollution, water pollution, and private environmental
remedies.
(98) U.S. Environmental Protection Agency, Current Laws; Statutes
and Executive Orders (197^— ? ')
Contained in four loose-leaf volumes, EPA Current Laws
consists of the Statutes and Executive orders that are
directly related to the Agency, and is intended for the
general use of Agency personnel. The laws in this set are
divided into eight chapters: General, Air, Water, Solid
Waste, Pesticides, Radiation, Noise, and International.
(99) U.S. Environmental Protection Agency, Legal Compilationi
Statutes and Legislative History, Executive Orders, Regu-
lations, Guidelines and Reports (197^- ?I ^approximately
40 vols. )
The EPA Legal Compilation consists of the Statutes
with their legislative history, Executive orders, Regu-
lations, and Guidelines and Reports that comprise the
legal authority under which the Agency operates. This set
is divided into the following chapters: General, Air, Water,
Solid Waste, Pesticides, Radiation, and. Noise. The compila-
tion is intended for general use.of "Agency personnel.
(100) V. Yannacone, B. Cohen, & S. Davison, Environmental Rights
and Remedies (1972) (Lawyers Co-operative Publishing Co.)
TSTvols.)
"Environmental Rights and Remedies is a two volume set
intended as a practical handbook on the subject of environ-
mental law. It contains the law, science, strategies and
tools involved in the legal protection of the environment."
Included in Volume One are chapters on Environmental
Protection and the Law, the Trust Doctrine, the Ninth Amend-
ment, Nuisance and Other Common Law Remedies, Environmental
Legislation, Environmental Litigation, and the Administra-
tive Agency and the Environment. Volume Two contains chap-
ters on Environmental Toxicants, Air Pollution, Radiation,
Noise, Water Pollution, and Land Use and Resource Manage-
ment.
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