SERA Agency Chicago, Illinois 60604 February 1987 An Introductory Guide to the Statutory Authorities of The United States Environmental Protection Agency ------- AN INTRODUCTORY GUIOE TO THE STATUTORY AUTHORITIES OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY Prepared by: David G. Dolan U.S. Environmental Protection Agency Region V Environmental Services Division Pesticides & Toxic Substances Branch Chemical Control Section February 1987 ------- ACKNOWLEDGEMENTS This guide originated from a speech I gave to some OSHA employees some months ago. One of the topics which I was asked to address was the reponsibi1ities of the U.S. EPA. The first draft of the guide was prepared for that speech. In preparing the draft, I realized that my knowledge of other program areas was deficient. Consequently, to aid other employees, to reduce the number of misdirected phone calls in the Agency, and to provide better service to the public, I decided to develop this multipurpose directory. The information in this guide was derived from a variety of sources, Including federal government reports, Federal Registers, the Code of Federal Regulations, and interviews with staff. I particularly wish to thank my Section Chief, George Marsh, for his support, and the many people who reviewed and commented on the early drafts. This guide would not have been possible without their help. Though I remain responsible for any errors of omission or commission, I wish to extend my gratitude to the following people for their assistance In the development of this guide: Jim Dewey - Technical Analysis Section, AMD Trlsh Polston - Chemical Control Section, ESD George Marsh - Chemical Control Section, ESD Lavarre Uhlken - Pesticides Section, ESD Tim Henry - Permits Section, WD Denise Steurer - Drinking Water Section, WD Tom Golz - Program Management Section, WMD Jerry Lenssen - Technical Programs Section, WMD Diane Spencer - Technical Programs Section, WMD Tim O'Mara - CERCLA Enforcement Section, WMD ------- DISCLAIMER This guide Is an abridged description of U.S. EPA statutes and programs. Aside from its narrative component, it is intended to be used as a quick reference directory for regulatory citations, and for state and Regional program contacts. It is not intended as a substitute for the applicable statutes or regulations. ------- TABLE OF CONTENTS CONTENTS PAGE NUMBER Acknowledgements 1 Disclaimer ii Clean Air Act (CAA) 1 Clean Hater Act (CWA) 6 Safe Drinking Water Act (SDWA) 10 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 15 Toxic Substances Control Act (TSCA) 19 Resource Conservation and Recovery Act (RCRA) i the Hazardous and Solid Waste Amendments (HSWA) 24 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) & the Superfund Amendments and Reauthorization Act (SARA) 29 National Environmental Policy Act (NEPA) 39 Evaluation Form 40 ------- T. r«u KKUifti ivn utrufvn CLEAN AIR ACT (CAA) OF 1970, as amended in 1974, 1977, 1981 Congress passed the Clean Air Act of 1970, and amended it in 1974 and in 1977, in order to achieve a broadly defined nationwide goal: the protection and enhancement of the nation's air quality. Title I of the Clean Air Act gives the U.S. Environmental Protection Agency (EPA) the responsibility to set three different kinds of national air standards. EPA is required to set and periodically review National Ambient Air Quality Standards (NAAQS), which define the maximum concentrations of certain air pollutants allowable in ambient air in order to protect public health and welfare. EPA also is required to define allowable New Source Performance Standards (NSPS), which establish allowable emissions limitations for different kinds of stationary sources. Finally, EPA is required to set National Emissions Standards for Hazardous Air Pollutants (NESHAPs) for which no ambient air quality standards exist. Once NAAQS have been set by EPA, individual state governments have the responsibility to determine how they can be met and maintained most efficiently at the local level. The main administrative mechanism used by state governments to characterize local air quality and define strategies to achieve national standards is the state implementation plan (SIP). Another of EPA's major responsibilities under the Clean Air Act is the review, approval, and general oversight of all SIPs. Congressional Intent to forge a federal/state partnership Is also evident in Clean Air Act requirements for air emissions permitting programs for stationary sources. Although EPA was given the responsibility to develop regulations, Including general criteria for preconstruction permit programs, for new and modified stationary sources of air emissions, the Congress envisioned that individual permits should be Issued and enforced at the state level. The Congress recognized that state governments were best suited to issue and enforce permits, because they best understood local air quality and local economic circumstances. Title II of the Clean Air Act also gives EPA standard-setting, program development, and oversight responsibilities regarding the prevention and control of air emissions from mobile sources. EPA is required to prescribe and revise emission standards for new motor vehicle engines for certain vehicle categories. EPA must develop and manage programs to test and certify new motor vehicle engines for compliance with national standards. Finally, EPA has the responsibility to enforce provisions related to in-use emissions from vehicles. Although the Clean A1r Act assigns EPA the responsibility and provides authority to regulate a wide variety of hazardous air pollutants, that responsibility does not appear to extend to pollution in the indoor environment. The act's legislative history, which refers to the discharge of pollutants from motor vehicles and industry onto the atmosphere, makes It clear that the Congress was addressing pollution occurring in the outdoor "ambient" air. There Is no discussion In the legislative history about sources of indoor air pollution or the problem of indoor air pollution. Except for ozone, which 1s regulated by the Food and Drug Administration, there are no federal health standards for nonoccupational exposure to indoor air pollutants. Nonetheless, EPA has recently set a recommended safety limit for indoor levels of radon gas of 4 picocuries/liter of air. ------- I. kik mm Rfwiruivn vim tun CLEAN AIR ACT (CAA) OF 1970, as amended in 1974, 1977, 1981 [40 CFR Parts 50-87] CAA Cite 40 CFR 'fart ° Designation of areas for air quality planning purposes § 107 81 ° Sets Primary National Ambient Air Quality Standards (NAAQSs) 1n order to § 109 50 protect human health (including sensitive populations) [the six criteria pollutants are: sulfur dioxide, carbon monoxide, ozone, particulate matter, nitrogen oxides, and lead] ° Sets Secondary National Ambient Air Quality Standards (NAAQSs) in order § 109 50 to protect public welfare, plants, animals, and materials from the criteria pollutants ° Sets criteria for State Implementation Plans (SIPs) §§ 110, 171-178 51 ° Approval and promulgation of SIPs §§ 110, 171-178 52 ° Establishes standards of performance, New Source Performance Standards (NSPSs), § 111 60 for new stationary air pollution sources O Sets National Emission Standards for Hazardous Air Pollutants (NESHAPs) § 112 61 Eight substances are currently listed under NESHAPs: arsenic, asbestos, benzene, beryllium, coke oven emissions, mercury, radon-222, and vinyl chloride Facility emission standards have been established for all of these substances except coke oven emissions Establishes procedures for the enforcement of the CAA: Stationary Sources §§ 113, 120 N.A. Mobile Sources §§ 203-205 N.A. Stack height rule requirements § 123 51 Ozone layer protection through V0C controls §§ 150-159 51.18 Prevention of significant deterioration of air quality §§ 160-169A 51.24 & 52.21 SIPs requirements for air quality nonattalnment areas §§ 171-178 51 Motor vehicle emission & fuel standards (includes fuel additive & fuel §§ 202-216 80, 85-86 economy Improvement standards) 600 S, 610 Aircraft emission standards §§ 231-234 87 ?. ------- CLEAN AIR ACT (CAA) OF 1970, as amended in 1974, 1977, 1981 STATE CONTACT PERSON/TITLE STATE CAA CONTACTS AGENCY ADDRESS TELEPHONE NUMBER ILLINOIS Mr. Dennis Lawler Manager, Air Quality Planning Section I EPA Division of Air Pollution Control 2200 Churchill Road Springfield, IL 62706 (217) 782-1830 INDIANA Mr. Tim Method Special Assistant to the Assistant Commissioner for Air Management IDEM Office of Air Management 105 S. Meridian Street Indianapolis, IN 46225 (317) 232-8244 MICHIGAN Mr. Michael Koryto Chief, State Implementa- tion Plan Unit MDNR Air Quality Division P.O. Box 30028 Lansing, MI 48909 (517) 373-7023 MINNESOTA Mr. David Thornton Chief, Program Develop- ment & Air Analysis MPCA Division of Air Quality 520 Lafayette Road St. Paul, MN 55155 (612) 296-7265 OHIO Mr. Robert Hodanbosi Manager, Air Quality Modeling & Planning Section OEPA Division of Field Operations Office of Air Pollution Control P.O. Box 1049 Columbus, OH 43266-1049 (614) 466-6116 WISCONSIN Mr. James Rickun Chief, Air Impact Analysis & Planning Section MDNR Bureau of Air Management P.O. Box 7921 Madison, WI 53707 (608) 267-7547 ------- CLEAN AIR ACT (CAA) OF 1970, as amended In 1974, 1977, 1981 SUBJECT CONTACT PERSON/TITLE REGION V CAA CONTACTS AGENCY ADDRESS TELEPHONE NUMBER A1r Toxics Dr. Harriet Croke Ambient Air Hr. Steve Goranson Quality Monitoring & Data Analysis Radon & Radiation Emissions Trading ("Bubbles") Mr. Larry Jensen Mr. Joe Palsle U.S. EPA Air Management Division 5 AR-26 U.S. EPA Environmental Services D1v. 5 SEM-10 U.S. EPA Air Management Division 5 AR-26 U.S. EPA Air Management Division 5 AR-26 (312) 353-6009 (312) 886-6229 (312) 886-6175 (312) 886-6055 NAAQS Criteria Pollutants: Lead Mr. Dom Abella NO, Ozone SO, VOC Mr. Jim Dewey Mr. Ed Doty Particulate Mr. Jim Dewey Matter (TSP) Mr. Mike Koerber Mr. Steve Rosenthal U.S. EPA Air Management Division 5 AR-26 U.S. EPA Air Management Division 5 AR-26 U.S. EPA Air Management Division 5 AR-26 U.S. EPA Air Management Division 5 AR-26 U.S. EPA A1r Management Division 5 AR-26 U.S. EPA Air Management Division 5AR-26 (312) 886-6543 (312) 353-5954 (312) 886-6057 (312) 353-5954 (312) 886-6061 (312) 886-6052 ------- r. HtK AW/ RRUlMUm UlTl3lim CLEAN AIR ACT (CAA) OF 1970, as amended in 1974, 1977, 1981 SUBJECT CONTACT PERSON/TITLE REGION V CAA CONTACTS AGENCY ADDRESS TELEPHONE NUMBER NESHAPs: Arsenic ft Beryllium Ns. Natalie Berttuccl U.S. EPA Air Management Division 5 AC-26 (312) 353-4425 Benzene & Mr. Dan Bakk Vinyl Chloride or Lars Johnson U.S. EPA Air Management Division 5 AC-26 (312) 886-6819 (312) 886-6315 Asbestos (Non- Ns. Sherl Bianchln Transitory) or Rebecca Frey (Transitory) Hr. Jeff Bratko or Ann Pontius U.S. EPA Air Management Division 5 AC-26 U.S. EPA Air Management Division 5 AC-26 (312) 886-6778 (312) 886-1424 (312) 886-6816 (312) 353-4364 Mercury Nr. Michael Valentino Radionuclides Ns. Karen Altson Regional Nr. Bruce Varner NESHAPs Expert U.S. EPA Air Management Division 5 AC-26 U.S. EPA Air Management Division 5 AC-26 U.S. EPA Air Management Division 5 AC-26 (312) 886-6811 (312) 353-1620 (312) 886-6793 5 ------- II, WWIC.K OtTmwn CLEAN WATER ACT (CWA) OF 1972, as amended in 1977, 1981, 1987 The Clean Water Act has Its origins in the Federal Water Pollution Act of 1956, which with its subsequent amend- ments, forms the basis of the federal water pollution control program. The underlying objective of the Clean Water Act Is "...to restore and maintain the chemical, physical and biological integrity of the Nation's waters." To help meet these objectives, Congress required EPA to establish water quality criteria for the development of water quality standards, technology-based effluent limitation guidelines, pretreatment standards, new source performance standards, and a national permit program to regulate the discharge of pollutants. The individual states were given the responsibility for developing water quality management programs and setting water quality standards. In addition to regulatory requirements, the CWA also established a large grant program to assist municipalities in meeting CWA requirements. Under the Act, direct dischargers of pollutants can be classified as either point or nonpoint sources. To control point sources, the CWA provides for the National Pollutant Discharge Elimination System (NPDES) which incorporates and applies effluent limitations In Individual permits for both municipal and direct industrial dischargers. Under these permits, dischargers are subject to both technology-based treatment requirements and, where necessary to protect a designated use, controls based on water quality standards. The Clean Water Act's technology-based limitations prescribe minimum standards of performance for municipal and Industrial dischargers without regard to the quality of receiving waters. Water quality standards, by contrast, identify intended uses of particular water bodies and, on the basis of water quality criteria guidance developed by EPA, set forth the biological and chemical conditions necessary to sustain those uses. Generally, technology- based standards set minimum control requirements which all dischargers are required to meet. Where those limita- tions are not adequate to achieve a particular state-designated use, state water quality based standards then come into play and prescribe the additional controls necessary to meet the designated use. Water quality standards, which are set by the states, are not technology-based. Rather they consist of two elements: first, a designated use for a specific body of water; and second, criteria which are defined as Instream numerical concentrations of pollutants sufficiently low as to protect the designated use. States have the primary responsibility for develop- ing water quality standards, for determining the attainability of beneficial uses, and for designating those uses. EPA Is responsible for developing pollutant criteria and technical policy guidance for the states. Technology-based effluent limitations do not require EPA to prescribe specific control technologies. Rather, EPA reviews the various treatment techniques presently In use or available in each Industrial sector to determine what limitations are achievable. Once EPA defines the method for setting specific effluent limitations for a particu- lar facility's NPDES permit, each company 1s free to use any method it chooses to achieve those require so long as they do not violate other environmental laws. The Clean Water Act was reauthorized early In February 1987. Although details are lacking, the law authorizes up to $9.6 billion 1n grants and $8.4 billion in revolving loan funds for sewer construction projects through 1994, and up to $2 billion for programs to clean up surface water bodies with chemical contamination, and to curb non- point source pollution, and provides EPA and the Secretary of the Army new authority for administrative penalties. 6 ------- II. WATER DIVISION CLEAN WATER ACT (CWA) OF 1972, as amended in 1977, 1981, 1987 [40 CFR Parts 104-140, 401-469] CWA Cite 40 CFR Part ° Requires each state to set water quality standards for every significant body of surface water within Its borders ° Requires states to set water quality goals and standards, and to address those through construction and other water quality planning and management activities ° Requires Publicly-Owned Treatment Works (POTWs), industrial point dischargers, and any other point source dischargers to obtain permits under the National Pollution Discharge Elimination System (NPDES) ° Develops criteria and standards for the NPDES ° Requires POTWs to provide secondary treatment of wastewater prior to discharge ° Requires all non-POTW point sources to meet national treatment-based effluent limitations [Best Practicable Control Technology (BPT), Best Conventional Pollutant Control Technology (BCT), or Best Available Technology Economically Achievable (BAT)] ° Establishes effluent guidelines to define BPT, BCT, and BAT, and standards of performance for new sources ° Requires all point sources to meet more stringent water quality-based effluent limitations If technology standards of CWA § 301 do not protect water quality as defined In CWA § 303 ° Establishes effluent standards for certain toxic pollutants ° Requires industries that discharge to POTWs to meet pretreatment standards 0 Establishes procedures for the enforcement of the CWA ** USEPA (under § 404) and the U.S. Army Corps of Engineers are jointly responsible for protecting waterways (including wetlands) against degradation & destruction § 303 §§ 106 205(j) 208, 303, 305 131 130 § 402 §§ 301, 304 316, 405 §§ 301(b)(1)(B) & 304 §§ 301(b)(1)(A) 301(b)(2)(A) & 301(b)(2)(E) §§ 304 & 306 § 301(b)(1)(c) § 307 §§ 301(b)(1)(A) 301(b)(2)(A) & 307(b) §§ 309 & 314 122 125 122.44(a) 125, 133 122.44(a) 125 401-469 122.44(d) 129 403 N.A. ------- 1!. WATER DIVISION CLEAN WATER ACT (CWA) OF 1972, as amended in 1977, 1981, 1987 STATE CONTACT PERSON/TITLE NPOES PERMITS CONTACTS AGENCY ADDRESS TELEPHONE NUMBER ILLINOIS Mr. T1m Kluge IEPA Manager, Industrial Unit INDIANA Mr. Larry Kane IDEM Chief, Permits Section MICHIGAN Mr. Chang Bek MDNR Chief, Industrial Permits Unit MINNESOTA Mr. Doug Hall MPCA Chief, Permit Unit OHIO Mr. Robert Phelps OEPA Chief, Division of Industrial Wastewater WISCONSIN Mr. Mike W1tt UDNR Chief, Industrial Wastewater Section Division of Water Pollution Control 2200 Churchill Road Springfield, IL 62706 Office of Water Management 105 S. Meridian Street Indianapolis, IN 46225 Water Quality Division P.O. Box 30028 Lansing, MI 48909 Division of Water Quality 520 Lafayette Road St. Paul, MN 55155 P.O. Box 1049 Columbus, OH 43266-1049 Bureau of Water Resources Management P.O. Box 7921 Madison, WI 53707 (217) 782-0610 (317) 232-8705 (517) 373-8088 (612) 297-1832 (614) 466-2390 (608) 266-1494 REGION V Mr. Almo Manzardo U.S. EPA Chief, Permits Section Mr. Donald Schregardus U.S. EPA Chief, Compliance Section 230 S. Dearborn Street 5 WQP-TUB-8 Chicago, IL 60604 230 S. Dearborn Street 5 WQC-TUB-8 Chicago, IL 60604 (312) 353-2105 (312) 886-6760 H ------- 11. WMtK UlVtMtfW CLEAN WATER ACT (CWA) OF 1972, as amended in 1977, 1981, 1987 STATE CONTACT PERSON/TITLE WATER QUALITY STANDARDS CONTACTS AGENCY ADDRESS TELEPHONE NUMBER ILLINOIS Mr. Toby Frevert Manager, Planning Section I EPA Division of Water Pollution Control 2200 Churchill Road Springfield, IL 62706 (217) 782-3362 INDIANA Mr. Dennis Clark Manager, Surveillance and Standards Branch I0EM Office of Water Management 105 S. Meridian Street Indianapolis, IN 46225 (317) 243-5037 MICHIGAN Mr. Dennis Swanson MDNR Chief, Compliance Section Surface Water Quality Division P.O. Box 30028 Lansing, MI 48909 (517) 335-4102 MINNESOTA Mr. Curt Sparks Chief, Program Development Section MPCA Division of Water Quality 520 Lafayette Road St. Paul, MN 55155 (612) 296-7233 OHIO Mr. Robert Heltzman Leader, Water Quality Standards Group OEPA Division of Water Quality Monitoring S Assessment P.O. Box 1049 Columbus, OH 43266-1049 (614) 466-9092 WISCONSIN Mr. Duane Schuettpelz WDNR Chief, Surface Water Standards & Monitoring Section Bureau of Water Resources Management P.O. Box 7921 Madison, WI 53707 (608) 266-0156 REGION V Mr. Noel Kohl Chief, Monitoring S Standards Unit U.S. EPA 230 S. Dearborn Street 5 WQS-TUB-8 Chicago, IL 60604 (312) 886-0132 ------- n. water omsruw SAFE DRINKING WATER ACT (SDWA) OF 1974 as amended in 1976, 1979, 1986 The Safe Drinking Water Act provides for the safety of drinking water supplies throughout the United States by establishing and enforcing national drinking water quality standards. Under the Act, EPA has the primary responsibility to establish the national drinking water quality standards, to review and approve applications from the various states to assume primacy in the enforcement of those standards, and to supervise public water supply systems and other sources of drinking water. In addition to the establishment of primary regulations governing public water supplies for the protection of public health and secondary regulations regarding the taste, odor, and appearance of drinking water, the Act includes provisions to control the underground injection of water and other substances which might endanger drinking water sources. EPA establishes maximum contaminant levels (MCLs) for chemical substances often found in drinking water supplies. MCLs are legal limits for public water supplies, although variances and exemptions may be granted under certain conditions. Maximum contaminant level goals (MCLGs) are suggested limits on the concentration of specific chemical substances in order to protect human health, they are not enforceable. In addition, EPA issues health advisories for specific contaminant on the basis of contamination Incidents reported by state and local officials. The advisories provide Information on contaminants while allowing the affected states and systems to select the best method of response to fit local circumstances. Other federal programs (e.g., RCRA and CERCLA) which regulate separate sources of toxic contamination threatening drinking water sources, are advised by the drinking water program regarding technical options. A state may qualify for primary enforcement responsibility of drinking water quality standards and underground Injection control (UIC) If it meets certain basic conditions. The recent amendments to the Safe Drinking Water Act contain several interesting provisions, and additional duties for EPA. The new amendments require EPA to set MCLs for a list of 83 contaminants, that have been found in drinking water but are now unregulated, within three years of passage. To date, final MCLs have been set for only 22 drinking water contaminants. In addition, the amended Act includes the following provisions: requires EPA to promulgate regulations requiring every public water supply (PWS) to conduct monitoring for unregulated organic compounds; requires each state to establish a plan to protect wellhead areas surrounding public water wells; prohibits lead pipe, solder or flux In installation or repair of public water systems, or plumbing for human consumption; and beginning in 1988, the Department of Housing and Urban Development (HUD) and the Veterans Administration (VA) may not provide mortgage insurance or other assistance to new residential property if the plumbing contains lead in excess of the limits specified in the Act (no more than 0.2 percent lead in solder or flux, and no more than 8 percent lead in pipe or pipe fittings). The Region V contacts listed on page 14 should be reached for Information on safe drinking water or underground Injection control, or for referral of public inquiries. in ------- 11. WATER DIVISION SAFE DRINKING WATER ACT (SDWA) OF 1974 as amended in 1976, 1979, 1986 40 CFR Part 141 143 142 142,Subpart D N.A. 144-147 ** Due to the recent passage of SDWA amendments, communicate with the Region V contacts listed on the page 14 for information on new developments in the drinking water and underground injection control regulations, or for referral of public inquiries ** All Region V states, except Indiana, have primacy over the drinking water programs ** Maximum Contaminant Level Goals (MCLGs) = health-based recommended limits for lifetime exposure to drinking water contaminants ** Maximum Contaminant Levels (MCLs) = regulatory standards for lifetime exposure to drinking water contaminants ** Some Region V states have primacy over UIC [40 CFR Parts 141-149] SDWA Cite 0 Establishes National Primary Drinking Water Regulations (NPDWRs) § 1412 for contaminants 1n drinking water (based upon health effects, cost, and treatment technology) ° Establishes National Secondary Drinking Water Regulations (NSDWRs) (based § 1412 on aesthetic qualities) ° Establishes National Primary Drinking Water Regulations Implementation §§ 1413-1416 ° Establishes procedures for the enforcement of the SDWA: Public Water Supply § 1414 Underground Injection § 1423 Control ° Establishes Underground Injection Control (UIC) program for chemicals §§ 1421-1424 11 ------- WATER DIVISION SAFE DRINKING WATER ACT (SDWA) OF 1974 as amended in 1976, 1979, 1986 STATE DRINKING WATER CONTACTS STATE CONTACT PERSON/TITLE AGENCY ADDRESS TELEPHONE NUMBER ILLINOIS Community Water Supplies Mr. Roger Selburg Manager, Division of Public Water Supplies I EPA 2200 Churchill Road Springfield, IL 62706 (217) 785-8653 Non-Community and Private Water Supplies Mr. Clinton Mudgett Chief, Division of Engineering & Sanitation IDPH 535 W. Jefferson Street Springfield, IL 62761 (217) 782-5830 INDIANA Community, Non-Community, and Private Water Supplies ISBH Mr. Arnold Viere Director, Division of Public Water Supply 1330 W. Michigan Street P.O. Box 1964 Indianapolis, IN 46206 (317) 633-0787 MICHIGAN Community, Non-Community, and Private Water Supplies Mr. William Kelly Chief, Division of Water Supply MDPH 3423 N. Logan Street P.O. Box 30035 Lansing, MI 48906 (517) 335-8318 ------- it o nnili\ viTuivn SAFE DRINKING WATER ACT (SDWA) OF 1974 as amended in 1976, 1979, 1986 STATE CONTACT PERSON/TITLE STATE DRINKING WATER CONTACTS AGENCY ADDRESS TELEPHONE NUMBER MINNESOTA Community and Non-Community Water Supplies MDH Mr. Gary Englund Chief, Water Supply and Engineering Section 717 S.E. Delaware Street P.O. Box 9441 Minneapolis, MN 55440 (612) 623-5330 Private Water Supplies Mr. Mike Kanner MPCA 520 Lafayette Road St. Paul, MN 55155 (612) 296-7758 OHIO Community and Non-Community Water Supplies Mr. Robert McEwen OEPA P.O. Box 1049 (614) 466-8307 Chief, Office of 361 E. Broad Street Public Water Supply Columbus, OH 43216-1049 Private Water Supplies Mr. Scott Golden, R.S. Head, Private Water System & Household Sewage Disposal Unit ODH Division of Local Environmental Health Program Management Services P.O. Box 118 246 N. High Street Columbus, OH 43266-0118 (614) 466-1390 n ------- ivivcr I/itiTiun SAFE DRINKING WATER ACT (SDWA) OF 1974 as amended in 1976, 1979, 1986 STATE CONTACT PERSON/TITLE DRINKING WATER CONTACTS AGENCY ADDRESS TELEPHONE NUMBER WISCONSIN Community and Non-Community Water Supplies Nr. Robert Baumeister Chief, Public Water Supply Section WDNR P.O. Box 7921 101 S. Webster Madison, WI 53707 (608) 266-2299 Private Water Supplies Mr. William Rock WDNR P.O. Box 7921 (608) 267-7649 Chief, Private Water 101 S. Webster Supply Section Madison, WI 53707 REGION V: Drinking Mr. Harry Von Huben U.S. EPA Water Drinking Water Section Treatment 230 S. Dearborn Street (312) 886-6187 5 WD-TUB-9 Chicago, IL 60604 Drinking Water Contaminant Health Effects Drinking Water Ms. Denlse Steurer U.S. EPA Drinking Water Section or Sheila Sullivan UIC Ms. Charlene Denys U.S. EPA Chief, Drinking Water Section Mr. Edward Watters U.S. EPA Chief, Underground Injection Control Section 230 S. Dearborn Street 5 WD-TUB-9 Chicago, IL 60604 230 S. Dearborn Street 5 WD-TUB-9 Chicago, IL 60604 230 S. Dearborn Street 5 WD-TUB-9 Chicago, IL 60604 (312) 886-0245 (312) 886-5251 (312) 886-6206 (312) 886-1502 ------- III. ENVIRONMENTAL SERVICES DIVISION FEDERAL INSECTICIDE, FUNGICIDE, & RODENTICIDE ACT (FIFRA) OF 1947 as amended in 1972, 1975, 1978 Because of the potential health and environmental effects associated with pesticides, federal laws have been enacted to regulate the use of pesticides and the amount of the residue of each pesticide that is allowed to be present in food. Pesticide use is governed by the Federal Insecticide, Fungicide, A Rodenticide Act (FIFRA), which assigns responsibility for federal registration and use of pesticides to EPA. The Federal Food, Drug, and Cosmetic Act (FFDCA), as amended, governs which pesticides are allowed to remain as residues on Individual food commodities, and 1n what amounts by assigning responsibility to: ° EPA for determining which Individual pesticide residues and in what amount (referred to as pesticide tolerances) will be allowed to be present in specific foods without causing the food to be considered legally adulterated; ° the Food and Drug Administration (FDA) to enforce the pesticide residue tolerances established by EPA for all food products except meat, poultry, and eggs; and ° the U.S. Department of Agriculture (USDA) to monitor meat, poultry, and eggs for Illegal pesticide residues. Under FIFRA, EPA Is authorized to register pesticide products, specify the terms and conditions of their use prior to being marketed, and remove unreasonably hazardous pesticides from the marketplace. EPA is responsible for registering specified uses of pesticide products on the basis of both safety and benefits. FIFRA focuses on balancing the Inherent risks and benefits of substances that are generally designed to be injurious to living organisms and deliberately Introduced into the environment. EPA can register a pesticide only if it determines that the pesticide will perform its intended function without causing "any unreasonable risk to man or the environment, taking Into account the economic, social, and environmental costs and benefits of the use of [the] pesticide." This balancing of risks and benefit underlies all basic regulatory decisions under the Act. Approximately 50,000 pesticide products, derived from about 600 basic chemical ingredients, are registered for use by EPA. About 1.08 billion pounds of pesticides (excluding wood preservatives and disinfectants) were used in the United States In 1984 - 79% by agriculture, 15% by industry, and 6% by households. Federal registration and regulation extends to all pesticides, including those distributed or used within a single state. EPA, FDA, and USDA all have monitoring programs for pesticides. The FFDCA allows EPA to weigh risks to human health against benefits to food production 1n establishing tolerances for both carcinogenic and noncarcinogenic pesticides used on raw agricultural commodities. However, the Delaney Clause of the FFDCA prohibits the establishment of tolerances for food additives found to Induce cancer in humans or animals. Except for certain special Instances, the same holds true for animal feed additives. ------- FEDERAL INSECTICIDE, FUNGICIDE, A RODENTICIDE ACT (FIFRA) OF 1947 as amended 1n 1972, 1975, 1978 [40 CFR Parts 152-180] FIFRA Cite 40 CFR Part ° Regulates the use of pesticides. Every pesticide marketed in the U.S. §§ 2(ee), 170, 171 must obtain premarket clearance (registration) from EPA 4, 12 ° Registers pesticides. Industry must bear the burden of proof to provide § 3 158, 162 basic health and safety data to support proposed registration ° Pesticide residue tolerances (legally acceptable levels) or exemptions § 3 180 must be established by EPA for pesticides used on food or feed ° Enforces Good Laboratory Practices (GLPs) for conducting studies In support §§ 3 & 8 160 of registration of pesticide products ° Authorizes U.S. EPA to approve state programs for the certification and § 4 171 training of pesticide applicators ° Regulates the reporting of pesticide production & distribution data §§ 7, 8 A 9 169 ° Establishes procedures for the enforcement of FIFRA §§ 12-14 N.A. ° Sets guidelines for storage and disposal of excess pesticides and pesticide § 19 165 containers ° Authorizes U.S. EPA to enter Into Cooperative Agreements with states to § 23 30, 33 enforce the provisions of FIFRA 35, 171 ** The states have primacy for enforcement of pesticide use violations ** USEPA sets tolerances, or exemptions from tolerances, for pesticide residues 1n raw agricultural commodities ** FDA enforces tolerances for those commodities. In addition, FDA sets regulatory limits (Action Levels) for chemical contaminants (e.g. pesticides, PCBs, heavy metals) In food, processed food, and food additives that are Interstate commerce ** USDA inspects meat and poultry for pesticide residues, as well as other contaminants, and enforces these limits ** 0SHA regulates protection for pesticide manufacturing workers ** Under the Office of Science and Technology Policy biotechnology guidelines issued in June 1986: * USEPA will regulate genetically engineered microbial pesticides (GEMPs) under FIFRA * USDA will regulate genetically engineered microbes used solely for non-pesticldal use ** USEPA under RCRA hazardous waste authority regulates the treatment, storage, and disposal of some pesticides ** USEPA regulatory options under FIFRA include: suspension, cancellation, label changes, and restriction on use ------- III. ENVIRONMENTAL SERVICES DIVISION FEDERAL INSECTICIDE, FUNGICIDE, & RODENTICIDE ACT (FIFRA) OF 1947 as amended In 1972, 1975, 1978 STATE CONTACT PERSON/TITLE STATE PESTICIDE CONTACTS AGENCY ADDRESS TELEPHONE NUMBER ILLINOIS Agricultural Uses Mr. Hill1am Anderson Chief, Bureau of Plant & Apiary Protection IDA Illinois Dept. of Agriculture Illinois State Fairgrounds Springfield, IL 62706 (217) 785-2427 INDIANA Non-Agricultural (Structural Pest Control) Uses Mr. Harvey Doorinlck IDPH Division of Sanitation Hr. L.O. Nelson OISC Pesticide Administrator Illinois Dept. of Public Health 535 W. Jefferson Street Springfield, IL 62671 Office of the Indiana State Chemist Department of Biochemistry Purdue University West Lafayette, IN 47907 (217) 782-4674 (217) 494-1587 MICHIGAN Mr. John Dreves Chief, Plant Industry D1vision MDA Michigan Dept. of Agriculture P.O. Box 30017 Lansing, MI 48909 (517) 373-1087 MINNESOTA Mr. William Bulger Director, Agronomy Services Division MDA Minnesota Dept. of Agriculture 90 West Plato Boulevard St. Paul, MN 55107 (612) 296-1161 1/ ------- III. ENVIRONMENTAL SERVICES DIVISION FEDERAL INSECTICIDE, FUNGICIDE, & RODENTICIDE ACT (FIFRA) OF 1947 as amended 1n 1972, 1975, 1978 STATE CONTACT PERSON/TITLE STATE PESTICIDE CONTACTS AGENCY ADDRESS TELEPHONE NUMBER OHIO Mr. Oren Spllker Spec1al1st-1n-Charge of Pesticide Regulation ODA Plant Industry Division Ohio Dept. of Agriculture Reynoldsburg, OH 43068 (614) 866-6361 WISCONSIN Hr. William Simmons WDATCP Assistant Administrator Agricultural Resources (608) 266-7131 Management Division Wisconsin Dept. of Agriculture, Trade, and Consumer Protection 801 W. Badger Road Madison, WI 53708 SUBJECT FEDERAL AGENCY PESTICIDE & FOOD CONTAMINANT CONTACTS CONTACT PERSON/TITLE AGENCY ADDRESS TELEPHONE NUMBER Pesticide Use Chemicals in Food Mr. John Ward U.S. EPA Chief, Pesticides Section Receptionist Chemicals In Receptionist Meat, Poultry * Eggs FDA USD A 230 S. Dearborn Street 5S-P4TSB-7 Chicago, IL 60604 433 W. Van Buren Street Room 1222 Chicago, IL 60607 Food & Safety Inspection Program 1919 S. Highland Avenue Lombard, IL 60148 (312) 886-5220 (312) 353-5863 (312) 620-7474 Pesticide Information Hotline: (800) 858-7378 1 R ------- III. ENVIRONMENTAL SERVICES DIVISION TOXIC SUBSTANCES CONTROL ACT (TSCA) OF 1976 The Toxic Substances Control Act (TSCA) gives EPA broad regulatory authority over chemical substances during al1 phases of their life cycle, from before their manufacture to final disposal, and establishes a national effort to prevent unreasonable risk to human health and the environment. The Office of Toxic Substances has become an information resource to other EPA programs because of the broad information gathering powers of TSCA. TSCA's activities center around three major activities: (1) the premanufacture notification (not approval) program provides for scrutiny of the health and environmental effects of each new chemical, insuring its safety before manufacture or subsequent release into the environment; (2) the testing of new or existing chemicals can~Ei required when EPA believes that a chemical may present an unreasonable risk to health or the environment. In order to require testing, EPA must find that there Is insufficient data on the chemical substance and that further testing 1s necessary before a risk determination can be made; and (3) the control of existing chemicals found to pose an unreasonable risk to health or the environment. Any chemical Intended to go Into commercial production after July 1, 1979, is required to go through TSCA's premanufacture notice (PMN) process. This screening process identifies those new chemicals which may present unreasonable risks or for which additional Information should be developed. EPA review addresses the entire life cycle of a new chemical substance including occupational exposure, releases to air, water and land, and consumer exposure. A "new chemical substance" Is one not included on the TSCA Chemical Inventory (which is intended to be a listing of all of the chemicals In commercial production). The 11st currently contains approximately 63,000 chemical substances. ------- Ill. ENVIRONMENTAL SERVICES DIVISION TOXIC SUBSTANCES CONTROL ACT (TSCA) OF 1976 [40 CFR Parts 702-799] TSCA Cite 40 CFR Part ° Authorizes EPA to require the development of data to assess the health and environmental risk posed by exposure to chemical substances or mixtures If there Is Inadequate Information to evaluate such effects and 1f in the absence of such Information, the substance may cause or significantly contribute to an unreasonable risk to health or the environment. EPA must by rule require that testing be conducted on such substances or mixtures ° Describes standard guidelines for chemical fate, environmental effects, and health effects testing of chemical substances or mixtures ° Prescribes Good Laboratory Practices (GLPs) for conducting studies relating to health effects, environmental effects, or chemical fate testing ° Establishes the Interagency Testing Committee (ITC) to recommend to EPA chemical substances and mixtures for priority consideration in promulgating chemical test rules ° Prohibits the manufacture or Import of all new chemicals (after 7/79) not on the TSCA Inventory unless a premanufacturlng notification (PMN) is submitted to the Administrator at least 90 days before manufacturing or processing commences ° Authorizes EPA to determine that a use of a chemical substance Is a "significant new use." EPA must make this determination by rule (a SNUR). Once a use Is determined to be a significant new use, persons must submit a notice to EPA at least 90 days before they manufacture, import, or process the substance for that use § 4(a) N.A. § 4(b) § 4(b) § 4(e) § 5 § 5(a)(2) 796, 797, 798 792 N.A. 720 721 ° Authorizes EPA to control, by rule, a chemical as a hazardous substance 1f § 6 the Agency finds that there Is a reasonable basis to conclude that the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture presents or will present an unreasonable risk of injury to human health or the environment. Under this section, EPA may apply one or more of several different regulatory measures to the extent necessary to protect adequately against the risk. The substances on the top of the following page have been regulated under this section. ?n ------- III. ENVIRONMENTAL SERVICES DIVISION TOXIC SUBSTANCES CONTROL ACT (TSCA) OF 1976 [40 CFR Parts 702-799] TSCA Cite 40 CFR Part ° Prohibits (with few exceptions) the manufacture (including importation), § 6(e) 761 processing, distribution in commerce, and use of polychlorinated biphenyls (PCBs). Regulates the recordkeeping, marking, storage and disposal of materials containing PCBs. Requires that all PCB transformers be registered with local fire response personnel, and those in use in or near commercial buildings be registered with building owners. # Bans (with few exceptions) the manufacture (Including Importation), process- § 6(a) 762 Ing, distribution In commerce, of fully halogenated chlorofluorocarbons (CFCs) for those aerosol propel 1 ant uses which are subject to TSCA (remaining aerosol propellant uses are restricted by FDA). ° Requires public and private elementary and secondary schools to Identify friable § 6(a) 763 asbestos-containing building materials, to maintain records of their analysis and the location of friable materials, and to notify school employees and parents when friable asbestos 1s found. Under the Asbestos Hazard Emergency Response Act, signed Into law In October 1986, EPA must promulgate regulations for accreditation programs, and abatement of asbestos-containing materials (ACM) ° Bans the addition of nltrosatlng agents, such as nitrates, to metalworklng fluids (cutting fluids) ° Authorizes EPA to require persons who manufacture, Import, or process a chemical substance to submit such reports on that substance as the Agency may reasonably require. A broad range of data may be obtained including Information on chemical Identity and structure, production, use, exposure, disposal, and health and environmental effects ° Requires U.S. EPA to compile, and periodically amend, a list of chemical substances manufactured or processed for commercial purposes (the TSCA Inventory) ° Requires recordkeeping for allegations that chemical substances cause significant adverse reactions to health or the environment ° Requires submission of unpublished health & safety studies for designated chemical substances or mixtures ° Requires Immediate notification to the Administrator of information which reasonably supports the conclusion that a chemical substance or mixture presents a substantial risk of injury to health or the environment > I § 6(a) 747 § 8(a) 704(A), 712 § 8(b) 710 § 8(c) 717 § 8(d) 716 § 8(e) N.A. ------- III. ENVIRONMENTAL SERVICES DIVISION TOXIC SUBSTANCES CONTROL ACT (TSCA) OF 1976 [40 CFR Parts 702-799] TSCA Cite 40 CFR Part ° Regulates the Import and export, for commercial purposes, of all chemicals §§ 12 & 13 707 except those excluded from coverage under TSCA. Excluded from coverage under TSCA are: pesticides (EPA, FIFRA); tobacco or any tobacco product; foods, food additives, drugs, or cosmetics (Food & Drug Administration); meat, eggs, poultry, or their products (USDA); radioactive materials (Nuclear Regulatory Comnission); and firearms and ammunition subject to taxes (Treasury) # Establishes procedures for the enforcement of TSCA §§ 15-17 N.A. ** Unlike most other environmental statutes, U.S. EPA alone implements the programmatic responsibilities of TSCA (except for PCB compliance inspections conducted by MDNR A OEPA pursuant to Cooperative Agreements) ** OSHA establishes and enforces safety and health regulations. For Instance, OSHA has an occupational standard for asbestos exposure, except that USEPA regulates worker protection requirements for asbestos abatement projects performed by state or local employees not covered under OSHA worker protection standards ** USEPA regulates, under TSCA, products of genetically engineered organisms not specifically covered by other regulatory statutes. Specifically, microorganisms used for purposes such as waste, degradation, chemical production, conversion of blomass to energy, and other environmental and Industrial uses are subject to TSCA. ** FDA regulates food, food additives, drugs, cosmetics, or medical devices (or such substances derived from genetically engineered microorganisms) ** The Consumer Product Safety Commission has authority over consumer products (e.g., CPSC bans on TRIS-treated flame-retardant In chlldrens' clothing, asbestos In spackling compound, and lead In consumer paints). ------- TOXIC SUBSTANCES CONTROL ACT (TSCA) OF 1976 REGION V SUBJECT CONTACT PERSON/TITLE AGENCY PCBs Mr. John Connell U.S. EPA Chief, PCB Control Section TSCA Chemical Mr. George Marsh U.S. EPA Information Chief, Chemical Control Section Asbestos Mr. Tony Restalno U.S. EPA 1n Schools Chief, Asbestos Control Section Health Mr. David Dolan U.S. EPA Effects or Dr. Milt Clark Questions Occupational Receptionist OSHA Safety or Health Questions Nuclear Reac- Receptionist NRC tors, X Rays, or Radioactive Material Questions Consumer Receptionist CPSC Products Safety Questions TSCA Assistance TSCA CONTACTS ADDRESS TELEPHONE NUMBER 230 S. Dearborn Street 5 P4TSB-7 Chicago, IL 60604 230 S. Dearborn Street 5 P4TSB-7 Chicago, IL 60604 230 S. Dearborn Street 5 P&TSB-7 Chicago, IL 60604 230 S. Dearborn Street 5 P&TSB-7 Chicago, IL 60604 230 S. Dearborn Street Room 3244 Chicago, IL 60604 799 Roosevelt Road Building 4 Glen Ellyn, IL 60137 230 S. Dearborn Street Room 2944 Chicago, IL 60604 (312) 886-6832 (312) 886-6294 (312) 886-6879 (312) 886-5518 (312) 886-3388 (312) 353-2220 (312) 790-5500 (312) 353-8260 ce: (202) 554-1404 ------- HASre MANAGEMENT DIVISION RESOURCE CONSERVATION & RECOVERY ACT (RCRA) OF 1976 reauthorized as the HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) OF 1984 The Resource Conservation & Recovery Act of 1976 (RCRA) established the first statutory framework for comprehen- sive federal and state management of hazardous wastes. Under Subtitle C of the Act requires the Identification and listing of hazardous wastes, taking Into account such factors as the toxicity, persistence, and degradabi1ity in nature, the potential for accumulation in tissue, and other characterisitics. It directs promulgation of such standards for generators of hazardous waste as may be necessary to protect human health and the environment. These standards are to Include requirements for recordkeeping labeling of containers, disclosure of components, use of a manifest system to track hazardous waste movements ("cradle to grave"), and reporting to EPA. Similar standards are described for transporters of hazardous wastes in cooperation with the Department of Transportation. The development of performance standards 1s prescribed for owners and operators of hazardous waste treatment, storage, and disposal facilities (TSDFs). The Act requires the establishment of a permitting system to control the treatment, storage, and disposal of hazardous wastes. This provision is meant to ensure that all facilities which handle hazardous wastes will be operating under the conditions specified in a RCRA permit. A major provision of RCRA, added by the HSWA of 1984, Is the requirement for corrective action at sites with continuing releases. HSWA requires TSDFs seeking RCRA permits to take corrective action for all releases of hazardous waste, or constituents from any solid waste management unit (SWMU), regardless of when the waste was placed In the SWMU. In addition, HSWA enables EPA, and authorized states, to issue orders requiring corrective or other appropriate action In cases where a release of hazardous waste is taking place at an Interim status facility (I.e., a hazardous waste TSDF that is operating pending final administrative disposition of its permit application). Another major part of RCRA, Subtitle D, provides for developing and encouraging methods for the disposal of solid wastes which are environmentally sound and which conserve valuable resources. These objectives are to be accom- plished through federal technical and financial assistance to states and regional authorities for comprehensive planning pursuant to federal guidelines. Utilizing these guidelines and assisted by federal grants, each state is to develop Its own solid waste management plan. A major theme of the Hazardous and Solid Waste Amendments of 1984 (HSWA) Is the protection of groundwater through the following programs: ° New technological standards for land disposal facilities: double liners, leachate collection systems, ground- water monitoring; ° New requirements for the management and treatment of smaller quantities of hazardous waste, such as those gener- ated by auto repair shops or dry cleaners; 0 New regulations for underground tanks that store liquid petroleum or chemical products; 0 Upgraded criteria for disposing of municipal solid waste In landfills; and ° Restrictions on the future land disposal (i.e., the "land ban rule") of many untreated hazardous wastes. ------- /V. HASTE MANAGEMENT DIVISION RESOURCE CONSERVATION & RECOVERY ACT (RCRA) OF 1976 reauthorized as the HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) OF 1984 [40 CFR Parts 260-280] RCRA Cite 40 CFR Part ° Identifies hazardous waste by listing or meeting specific criteria § 3001 261 ° Establishes training, recordkeeping, and packaging standards for hazardous § 3002 262 waste generators ° Establishes recordkeeping standards for hazardous waste transporters § 3003 263 ° Establishes Interim status standards and permit requirements for hazardous §§ 3004, 3005 264-265 waste treatment, storage, and disposal facilities (TSDs) 0 Establishes Interim standards for new hazardous waste land disposal units §§ 3004, 3005 267 9 Schedules for prohibitions on land disposal of specified wastes and § 3004 268 determinations on all listed hazardous wastes ° Establishes procedures for the enforcement of RCRA § 3008 N.A. ° Regulations for assorted hazardous waste recycling activities §§ 3001, 3010 266 ° Regulation of Underground Storage Tanks (USTs) §§ 9001-9010 280 ** All Region V states, except Ohio, are authorized to Implement the RCRA program including Issuance of permits and enforcement. ** Many HSWA authorities are Immediately effective as provided by law ** No Region V state Is yet authorized to Implement the requirements of HSWA. ** "Cradle-to-grave" tracking of hazardous waste movements via a uniform manifest system ------- Kflsrt division RESOURCE CONSERVATION & RECOVERY ACT (RCRA) OF 1976 reauthorized as the HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) OF 1984 RCRA CONTACTS STATE ILLINOIS INDIANA CONTACT PERSON/TITLE AGENCY Mr. Larry Eastep IEPA Manager, Permit Section Mr. Michael Nechvatal IEPA Manager, Compliance Monitoring Section Mr. Thomas Cavanagh IEPA Manager, Field Operations Section Mr. Gary King IEPA Chief Attorney, DLPC Mr. Terry Gray IDEM Chief, Permits & Plan Review Section Mr. James Hunt IDEM Compliance Monitoring Section Mr. Tom Russell IDEM Chief, Enforcement Section ADDRESS TELEPHONE NUMBER Division of Land Pollution Control 2200 Churchill Road Springfield, IL 62706 Division of Land Pollution Control 2200 Churchill Road Springfield, IL 62706 Division of Land Pollution Control 2200 Churchill Road Springfield, IL 62706 Division of Land Pollution Control 2200 Churchill Road Springfield, IL 62706 Office of Solid & Hazardous Waste Management 105 S. Meridian Street Indianapolis, IN 46225 Office of Solid & Hazardous Waste Management 105 S. Meridian Street Indianapolis, IN 46225 Office of Solid & Hazardous Waste Management 105 S. Meridian Street Indianapolis, IN 46225 (217) 782-9882 (217) 782-9844 (217) 785-0551 (217) 782-9830 (317) 232-4534 (317) 232-4535 (317) 232-3408 ------- HAS IE MANAGEMENT DIVISION RESOURCE CONSERVATION & RECOVERY ACT (RCRA) OF 1976 reauthorized as the HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) OF 1984 STATE CONTACT PERSON/TITLE RCRA CONTACTS AGENCY ADDRESS TELEPHONE NUMBER MICHIGAN Mr. Ken Burda MDNR Chief, Facility Permit Unit Mr. John Bohunsky MDNR Chief, Compliance Section Hazardous Waste Division Technical Services Section Stevens T. Mason Building P.O. Box 30028 Lansing, MI 48909 Hazardous Waste Division Technical Services Section Stevens T. Mason Building P.O. Box 30028 Lansing, MI 48909 (517) 373-2730 (517) 373-2730 MINNESOTA Mr. Steven Reed MPCA Hazardous Waste Permits, Public Participation Mr. Roger Bjork MPCA Supervisor, Hazardous Waste Enforcement Unit Hazardous Waste Regulatory Compliance Section Solid & Hazardous Waste D1v. 520 Lafayette Road St. Paul, MN 55155 Hazardous Waste Regulatory Compliance Section Solid & Hazardous Waste Div. 520 Lafayette Road St. Paul, MN 55155 (612) 296-7786 (612) 296-7279 ------- nr. was it. MflWAOitntrn pirisiow RESOURCE CONSERVATION & RECOVERY ACT (RCRA) OF 1976 reauthorized as the HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) OF 1984 STATE CONTACT PERSON/TITLE AGENCY OHIO Mr. Thomas Carlisle OEPA Manager, Technical Assistance & Waste Management Section RCRA CONTACTS ADDRESS TELEPHONE NUMBER P.O. Box 1049 (614) 462-6735 361 E. Broad Street Columbus, OH 43216 WISCONSIN Mr. Richard O'Hara WDNR Chief, Hazardous Waste Management Section Bureau of Solid Waste (608) 266-0833 Management P.O. Box 7921 Madison, WI 53707 REGION V RCRA Permits Enforcement Mr. Karl Bremer Chief, Technical Programs Section Mr. William Muno Chief, RCRA Enforcement Section Underground Mr. Gerry Phillips Storage Tanks Chief, Office of & Small Underground Storage Tanks Quantity Generators U.S. EPA 230 S. Dearborn Street 5 HS-13 Chicago, IL 60604 U.S. EPA 230 S. Dearborn Street 5 HE-12 Chicago, IL 60604 U.S. EPA 230 S. Dearborn Street 5 HS-13 Chicago, IL 60604 (312) 353-0398 (312) 886-4434 (312) 886-6159 RCRA/CERCLA Hotline: (800) 424-9346 ------- wnsiL rwyy^otHcivf t/inoic/rr COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 Following several well-publicized Incidents caused by the uncontrolled and dangerous disposal of toxic chemicals, it became apparent that the primarily prospective regulatory framework established by RCRA was not adequate to cope with the remedial needs of such sites. Although thousands of uncontrolled sites already had been identified, the lack of funds and legal authority impaired real progress. In response, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, which soon became known as "Superfund." Among other things, this legislation established a $1.6 billion fund to cover the costs of the cleanup of abandon- ed hazardous chemical sites. [CERCLA was recently reauthorized. Highlights of the changes follow this discussion.] Superfund was envisioned as a 5-year program to spearhead both federal and state efforts to respond to releases of hazardous substances into the environment. The goals of the legislation are to eliminate the most serious threats to public health and the environment posed by hazardous substance spills and uncontrolled chemical waste sites, and to respond to such hazardous substance threats In a cost-effective manner. Title I of CERCLA deals with the release of hazardous substances, the liability to be imposed for releases, and the compensation to be paid for the damages and costs resulting from such releases. Title II of the original CERCLA imposed certain "environmental taxes" on the petroleum and chemical industries and sets up the Hazardous Substance Response Trust Fund. Taxes were also Imposed on the owners and operators of qualified hazardous waste disposal facilities in order to establish a second fund, known as the Post-Closure Liability Trust Fund. CERCLA defines "hazardous substance" by Incorporating within Its language those substances listed in the key sections of several other environmental statutes, Including the CAA, CWA, RCRA, and TSCA. However, the Act also directs EPA to promulgate and revise regulations designating as hazardous other substances found to pose a sub- stantial danger to the public health when released into the environment. In addition, regulations were promul- gated which establish the threshold quantity of a hazardous substance spill. Environmental releases or spills in excess of the Reportable Quantity (RQ) trigger notification and response requirements under the Act. CERCLA requires that any person 1n charge of a vessel, or facility, who has knowledge of the release of a hazard- ous substance from that vessel or facility 1n an amount greater that the RQ, to notify Immediately the National Response Center. The Act also requires the owners or operators of hazardous substance storage, treatment, and disposal sites to notify EPA of the existence of such facilities, the amount and type of hazardous substances found there, and whether any known or suspected releases have occurred. In the event of the release of a hazard ous substance, the procedures and methods to be followed are set forth In the National Contingency Plan (NCP). The NCP presents procedures for the discovery, investigation, evaluation, and removal (where necessary) of hazard ous substances. The NCP provides for three types of CERCLA actions for Incidents Involving hazardous substances discovered at a site: (1) Immediate removal actions -- are to provide prompt response (within hours or days) to prevent immediate and significant harm to human life, health, or the environment; (2) Planned removal actions -- are those that allow time to plan the cleanup activities; and (3) Remedial actions -- are Intended to achieve a permanent remedy or cleanup of hazardous waste sites. ------- it. HBjit nwwhtnEin piTiSTUn COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 [40 CFR Parts 117, 300 & 302] CERCLA Cite 40 CFR ° Designates as "hazardous substances" those "elements, compounds, mixtures, § 102 117, 302 solutions, and substances which when released into the environment may present substantial danger to the public health or welfare or the environment" ° Regulates the reporting of releases of hazardous substances in excess of the § 103 117, 302 Reportable Quantity (RQ) ° Response authorities of the Agency § 104 N.A. ° Requires the development of a National Contingency Plan (NCP) which details § 105 300 the procedures and standards for responding to releases, or the threatened release, of hazardous substances ° Enforcement authorities to require responsible party actions at sites § 106 N.A. ° Establishes liability for abandoned sites, but promotes voluntary private § 107 N.A. cleanup by Potentially Responsible Parties (PRPs) ° Establishes a trust fund (under Title II) to pay for the cleanup of hazardous § 104 N.A. substances through the Imposition of taxes on petroleum and certain chemicals (expired 9/85, reauthorized under SARA) ** Although known as CERCLA, It 1s better known as "Superfund" ** As the CERCLA program has not been delegated to the states (though many state-lead sites exist) 1t Is advised to always check first with our Regional contacts ** Establishes the National Priorities List (NPL) as a mechanism to rank (via the Hazard Ranking System (HRS) sites for cleanup. However, sites do not need to be proposed for the NPL in order to be under CERCLA ** Recently reauthorized, details of new provisions and changes In the current program are summarized In the discussion which follows "in ------- WASTE MANAGEMENT DTVTSTPH COMPREHENSIVE ENVIRONHENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 The existing CERCLA was reauthorized by the Congress for another five years with $8.5 billion to be obtained from various revenue sources, and the Bill was signed into law by the President on October 17, 1986. Thus, the discus- sions on the previous pages are still pertinent, but the Statute includes several major amendments. At this time, the Agency is preparing new regulations, and modiflcations of existing regulations, required by the Statute. When this process 1s completed, Sections of the Statute can be correlated with appropriate Parts of the regulations. What follows Is a summary of some of the salient Amendments to CERCLA, catalogued by Section of SARA. SARA Cite TITLE I - Provisions Relating Primarily to Response and Liability ° PRPs may conduct a Remedial Investigation/Feasibility Study (RI/FS) and carry § 104(a) out a Remedial Action (RA) but are subject to no less a standard of liability ° Dollar and time limitations on removal actions are raised from $1 million to § 104(e) $2 million, and from six months to one year ° Credits granted to states for funds expended for certain eligible costs Incurred § 104(h) from January 1, 1978 to December 11, 1980 ° Remedial actions cannot be underwritten unless a state can within 3 years of § 104(k) enactment provide assurance of adequate capacity within the state or through a compact with another state for treatment, destruction, or secure disposition of state-generated hazardous waste during the next 20 years ° Authority to obtain Information and gain access to sites 1s expanded, and § 104(m) Includes authority to issue orders for lack of compliance, with civil penalties of up to $25,000 per day ° Any real property or Interest can be acquired which Is needed to conduct an RA § 104(o) ° The Hazard Ranking System (HRS) must be refined to assure 1t accurately assesses § 105(c) the relative degree of risk to human health and the environment posed by sites # Federal and state natural resource trustees are to be appointed and, any funds § 107(d) recovered by them are to be used to restore or replace damaged natural resources 40 CFR ^ t ------- IV. WASTE MANAGEMENT DIVISION COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 SARA Cite 40 CFR TITLE I - Provisions Relating Primarily to Response and Liability (continued) ° Penalties are Increased for both civil and criminal violations, and new § 109 authority to assess civil penalties administratively 1s granted ° The Agency for Toxic Substances and Disease Registry (ATSDR) shall perform § 110 health assessments for each facility on the National Priorities List (NPL) ° Appropriations from the Fund of up to $8.5 billion are authorized for a § 111(a) five year period beginning October, 1986 ° An annual audit Is to be conducted by the Inspector General of each agency, § 111(k) department, or Instrumentality of the United States carrying out any authority under this Act ° Administrative records must now be established and serve as the basis for § 113(j)&(k) selection of a remedy. Judicial review of the adequacy of a response Is limited to the administrative record ° Provisions of CERCLA which precluded state taxes on similar activities covered § 114 by Federal programs are deleted, allowing for easier underwriting of state "Superfund" programs ° Mandatory schedules are established for achievement of certain numbers of § 116 Preliminary Assessments (PAs), Site Inspections (Sis), and initiation of specified nuirtbers of new RI/FSs and new RAs ° Formal notice must be published, and provision made for formal public meetings § 117(a) recording of public comment on proposed remedial action plans ° Technical assistance grants of up to $50,000 for a single grant recipient are § 117(e) to be available to groups which may be affected by a release or threatened release at a facility on the NPL ------- it. WH5TE rmnnutntni uiyimun COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 TITLE I - Provisions Relating Primarily to Response and Liability (continued) O SARA Cite 40 CFR Protects response action contractors Involved in Superfund cleanups from § 119 liability, except those caused by conduct which is negligent, grossly negligent, or which constituted misconduct. Grants government employees the same exemption front liability as the response action contractors. Allows EPA to Indemnify a response action contractor for liability for negligence arising out of the contractor's performance in carrying out response activities under this title. Statute confirms that CERCLA Is applicable to Federal facilities, and defines § 120 how they must undertake remedial actions Cleanup standards at remedial sites are made subject to a wide variety of § 121 enhanced requirements. Many of these were standard practices under the NOP, but are now strengthened by explicit definition in the Statute. Generally, remedial actions are preferred which permanently and significantly reduce the volume, toxicity or mobility of the hazardous substances, pollutants, and contaminants present at a site Formally identifies the role of states In the Initiation, development, and § 121(f) selection of remedial actions The settlement process for negotiating with PRPs established under the existing § 122 EPA settlement policy Is formalized and broadened in scope The Secretary of Labor shall, pursuant to the Occupational Safety and Health Act § 126 of 1970, promulgate standards for the health and safety protection of employees engaged In hazardous waste operations. Published as an Interim final rule in the December 19( 1986, Federal Register. 3) ------- IV. WASTE MANAGEMENT DIVISION COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 SARA Cite 40 CFR TITLE II - Miscellaneous Provisions ° Any person 1s now authorized to initiate a civil action or suit against any § 206 — person for the violation of any standard, regulation, condition, requirement, or order under CERCLA, or against the Agency for failure to perform any non- discretionary duty under CERCLA ° Risk retention groups and purchasing groups formed for pollution liability § 210 — coverage purposes are exempted from various state laws TITLE III - Emergency Planning and Community Right-to-Know (also known as the Emergency Planning and Community Right-to-Know Act of 1986), this is a free-standing title, that 1s not part of CERCLA, which establishes four major authorities relating to: (1) emergency planning; (2) emergency notification; (3) community right-to-know reporting on chemicals; and (4) emissions Inventory. ° Emergency Planning - The thrust of these sections is to better develop state § 301-303 and local governments* emergency response and preparedness capabilities through better coordination and planning, especially within the local community. Title III requires that the Governor of each state designate a state emergency response commission by April 17, 1987. By July 17, 1987, the state commission must designate local emergency planning districts, based on existing political subdivisions. The state commission then must establish a local emergency planning committee for each district by August 17, 1987. Facilities subject to the emergency planning requirements must designate a representative to the local committee by September 17, 1987. The local committee must establish rules, give public notice of Its activities and establish procedures for handling public requests for Information. The local committees1 major activities will be the development of emergency response plans within two years of enactment of SARA, October 17, 1988. The National Response Team Is required to publish guidance on emergency response planning by March 17, 1987, to assist the local planning committees. u ------- nr. await fwnwatntm uiv15ion COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 SARA Cite 40 CFR TITLE III - Emergency Planning and Community Right-to-Know (continued) 0 Emergency Planning (continued) - The planning activities of the local § 301-303 — committees and facilities are centered on the 402 chemicals Identified on the Chemical Emergency Preparedness Program list of extremely hazardous substances. On November 17, 1986, EPA published In the Federal Register this list, and the threshold planning quantity (TPQ) for each substance. EPA can revise the list and the TPQs after taking Into account certain criteria. Any facility that has any of the listed chemicals 1n a quantity greater than the TPQ Is subject to all the emergency planning requirements. By May 17, 1987, covered facilities must notify the state commission that they are subject to these requirements. In addition, the state commission or the Governor can designate additional facilities, after public comment, to be subject to these provisions. If there Is any revision within a facility that would change Its status with respect to these provisions, the facility must notify the state commission within 60 days. ° Emergency Notification - Facilities at which a listed hazardous substance Is § 304 — produced, used, or stored must provide immediate notification to the local emergency planning committee and the state emergency response commission of releases of these substances. Substances subject to this requirement involve substances on the list of extremely hazardous substances, as initially identi- fied in the November 17, 1986, Federal Register, and substances subject to the reportable quantity (RQ) requirements of CERCLA Section 103(a). Section 304 also requires a follow-up written emergency notice as soon as practicable after the release. ° Community Right-to-ICnow Reporting on Chemicals - There are two community right- § 311-312 to-know reporting requirements. Section 311 requires that facilities which must prepare Material Safety Data Sheets (MSDSs) under OSHA regulations (i.e., facilities with Standard Industrial Classification (SIC) Codes 20-39) to submit either copies of Its MSDSs or a list of MSDS chemicals to: the local emergency planning committee; the state emergency response commission; and the local fire department. ------- IV. HASTE MANAGEMENT DIVISION COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 SARA Cite 40 CFR TITLE III - Emergency Planning and Community Right-to-Know (continued) ° Community Right-to Know Reporting on Chemicals (continued) - Under Title III, § 311-312 — EPA may establish threshold quantities for hazardous chemicals below which no facility must be subject to this requirement. The initial submission of the MSDSs or list Is required no later than October 17, 1987, or three months after a facility 1s required to prepare or have available an MSDS under OSHA regulations. The reporting requirements of Section 312 Involves submission of an emergency and hazardous chemical Inventory form to the local emergency planning committee, the state emergency response comnlsslon, and the local fire department. The substances covered by Section 312 are the same as those for Section 311, that Is, those used by facilities which are required to prepare or have available an MSDS under OSHA regulations. The exemptions mentioned above also apply. ° Emissions Inventory - Section 313 requires EPA to establish an inventory of § 313 — emissions from certain facilities. Facilities subject to this reporting requirement must complete a form on releases of certain toxic chemicals. The list of toxic chemicals subject to reporting Initially consists of over 300 chemicals and categories of chemicals. EPA can modify this list of substances, or the subject SIC codes. The form must be submitted to EPA, and officials of the state designated by the Governor, on or before July 1, 1988, and annually thereafter on July 1, for releases during each preceding calendar year. The purpose of this reporting requirement Is to Inform government officials and the public about releases of toxic chemicals 1n the environment and to assist In research and the development of regulations, guidelines and standards. The reporting requirement applies to owners and operators of facilities that have 10 or more full-time employees and that are in SIC Codes 20 through 39 that manufactured, processed, or otherwise used a listed toxic chemical 1n excess of established thresholds during 1987 and thereafter. Finally, EPA must publish a format for the form by June 1, 1987. EPA must establish and maintain in a computer data base a national toxic chemical inventory based on the data submitted. ¦if. ------- COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 STATE STATE SUPERFUND CONTACTS (includes management of CERCLA and SARA) CONTACT PERSON/TITLE AGENCY ADDRESS TELEPHONE NUMBER ILLINOIS Mr. James Frank Manager, Hazardous Substances Control Section I EPA Division of Land Pollution Control 2200 Churchill Road Springfield, IL 62706 (217) 782-6760 INDIANA Mr. Glenn Pratt Assistant Commissioner IDEM Dept. of Environmental Response (317) 243-5177 105 S. Meridian Street Indianapolis, IN 46225 MICHIGAN Mr. Andrew Hogarth Chief, Remedial Action Section MDNR Environmental Response Division (517) 373-2638 Stevens T. Mason Building P.O. Box 30028 Lansing, MI 48909 MINNESOTA Mr. M1ke Kanner Chief, Site Response Section MPCA Solid & Hazardous Waste Division 520 Lafayette Road St. Paul , MN 55155 (612) 296-7290 OHIO Mr. David Strayer Manager, Corrective Action Section OEPA Division of Solid & Hazardous Waste Management P.O. Box 1049 Columbus, OH 43216-1049 (614) 466-1588 WISCONSIN Mr. Richard O'Hara Chief, Hazardous Waste Management Section WDNR Bureau of Solid Waste Management P.O. Box 7921 Madison, W1 53707 (608) 266-0833 ------- IV. WASTE MANAGEMENT DIVISION COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) OF 1980, amended and reauthorized as the SUPERFUNP AMENDMENTS AND REAUTHORIZATION ACT (SARA) OF 1986 SUBJECT CONTACT PERSON/TITLE REGION V CERCLA AND SARA CONTACTS AGENCY ADDRESS TELEPHONE NUMBER Emergency Response Mr. Robert Bowden Chief, Emergency Response Section U.S. EPA 230 S. Dearborn Street 5 HR Chicago, IL 60604 (312) 886-6236 Enforcement Mr. Norman Niedergang Chief, CERCLA Enforcement Section U.S. EPA 230 S. Dearborn Street 5 HS Chicago, IL 60604 (312) 353-0398 Remedial Mr. Gregory Vanderlaan Response Chief, Site Management Section U.S. EPA 230 S. Dearborn Street 5 HR Chicago, IL 60604 (312) 886-6217 RCRA/CERCLA Hotline: (800) 424-9346 National Response Center: (800) 424-8802 3R ------- PLANNING AND MANAGEMENT DIVISION NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) of 1969 t [40 CFR Parts 1500-1508] The enactment of NEPA began a new era of federal decision-making. NEPA directs federal agencies to plan their policies and actions in light of the environmental consequences. To insure that environmental factors receive adequate consideration and environmental effects are understood in advance, NEPA directs federal agencies to prepare an environmental Impact statement (EIS} for any major federal action significantly affecting the quality of the human environment. These environmental statements must identify and discuss the environmental effects of the proposed action and Identify, analyze, and compare options. NEPA established the Council on Environmental Quality (CEQ) in the Executive Office of the President. The Council is responsible for overseeing federal efforts to comply with the National Environmental Policy Act. In 1970, the CEQ issued guidelines for the preparation of EISs under Executive Order 11514. Criticisms that the EIS process, though still considered valuable, was generating excessive paperwork and causing needless delays in worthwhile projects, and obscuring important issues led President Carter to issue Executive Order 11991. This Order directed the CEQ to issue regulations to replace the guidelines and to Implement more effectively the procedural require- ments of NEPA. The NEPA regulations were promulgated in final form in November 1978. The Council's regulations are binding on all federal agencies. Eighty-nine federal departments, component bureaus, and agencies have published, as required, their regulations under NEPA. The CEQ's regulations also provide uniform standards applicable throughout the federal government for conducting environmental reviews, and Council guidance on the requirements of NEPA for use by the courts 1n Interpreting the law. The Environmental Review Branch, within the Planning and Management Division, 1s responsible for preparing EPA Regional responses to NEPA-related issues. In addition, pursuant to Executive Order 12088, they are responsible for ensuring that federal facilities (e.g. DOD and DOE facilities) are in compliance with federal, state, and local environmental regulations. Finally, the Environmental Review Branch serves as the liaison with Indian tribes in the Region. REGION V NEPA CONTACT Bill Franz (312) 886-7500 Chief, Environmental Review Branch 5 ME-16 230 S. Dearborn Street Chicago, IL 60604 ------- Revised 2/27/3* EVALUATION FORM I envision this guide being updated periodically, perhaps twice each year, in order to keep up to date with regulatory and personnel changes. In the interest of accuracy and utility, please submit any changes or comments you may have to me. Please complete and return the attached form to me at the address below. Thank you. DGD 1. Are there any errors in the guide? If so, what are they, 2. Do you find the guide useful? 3. How frequently do you use the guide? 4. What contacts do you need which were not supplied? 5. What contacts do you use now? 6. Is the level of detail in the guide sufficient? COMMENTS/SUGGESTIONS Return to: David Dolan U.S. EPA, Region V 5 SPT-7 230 S. Dearborn Street Chicago, IL 60604 40 ------- |