Summaries of Major Environmental Laws/Regulations
Clean Air Act
Clean Water Act
Safe Drinking Water Act
Resource Conservation and Recovery Act
Comprehensive Environmental Response, Compensation and Liability Act
Emergency Planning and Community Right-to-Know Act
Oil Pollution Act
Pollution Prevention Act
Toxic Substances Control Act
Federal Insecticide, Fungicide, and Rodenticide Act
U.S. EPA MAJOR ENVIRONMENTAL LAW SUMMARIES AND FULL TEXTS
Clean Air Act Amendments of 1990
The Clean Air Act (CAA) of 1963 and its amendments, including
the extensive Clean Air Act Amendments (CAAA) of 1990, aim to "protect and
enhance the nation's air resources so as to promote the public health and
welfare and the productive capacity of the population." Currently, the CAA
regulates more than 380 pollutants, including:
- Criteria pollutants--SO2,
NOx, CO, VOCs, PM-10, Lead, Ozone
- New Source Performance Standards
(NSPS) pollutants, including H2S,
TRS, H2SO4,
Mist, Fluorides, TSP
- 188 Hazardous Air Pollutants (HAPs)
- 139 Extremely Hazardous Substances (final) under the Accidental Release
Program‚ Ammonia, Hydrogen Sulfide, Bromine, Sulfur Trioxide, others to be
promulgated
- Ozone depleting substances (Class I
and II), including CFCs, Halons, HCFCs, Carbon Tetrachloride (also
HAP), Methyl Chloroform (also HAP), and Methyl Bromide.
The CAA consists of nine sections, or Titles, covering
National Ambient Air Quality Standards, Mobile Sources, Air Toxics, Acid Rain,
Permitting, CFCs, Enforcement Issues, Miscellaneous Topics, and Research.
Most significant are Titles I, III, IV and V.
UnderTitle
I,EPA established National Ambient Air Quality Standards
(NAAQSs) to limit levels of "criteria pollutants," including carbon monoxide,
lead, nitrogen dioxide, particulate matter, volatile organic compounds, ozone,
and sulfur dioxide. Geographic areas that meet NAAQSs for a given
pollutant are classified as attainment areas; those that do not meet NAAQSs are
classified as non-attainment areas. Additionally, each state must develop
a State Implementation Plan to identify sources of air pollution and determine
what reductions were needed to meet Federal air quality standards. Title I
also authorizes EPA to establish New Source Performance Standards, nationally
uniform emission standards for new stationary sources in particular industrial
categories.
Title III
greatly expanded programs directed at hazardous air pollutants(HAPs)
under the
National Emission Standards for Hazardous Air Pollutants (NESHAPs), nationally
uniform standards oriented towards controlling particular hazardous air
pollutants (HAPs).
Title
III initially included a list of 189 compounds or groups of compounds that were
designated as hazardous. This list included all seven pollutants
previously regulated under the NESHAP regulations. Provisions under this
Title allow EPA to add and delete pollutants from this list. One pollutant has
been dropped from the original list of 189. Emission controls requirements
for HAPs are based on termed maximum achievable control technology (MACT).
Under Title IV,
sulfur dioxide and nitrogen oxides are considered to be the two principal
precursors responsible for acid rain related environmental problems. Title
IV requirements focus on large stationary source combustion systems, primarily
electric utilities, as they are major sources of these two pollutant categories.
Under Title IV, energy conservation, clean coal technology, and the cap and
trade program will be utilized to reduce acid rain. The acid rain program
also includes a reduction in nitrogen oxides emissions be accomplished without
the aid of the cap and trade program. NOx limits are determined on a
case-by-case basis.
Under theTitle V
operating permit program, all air requirements for a facility are included in
one “umbrella” permit that covers all major stationary sources including those subject to: New Source
Performance Standards (NSPS), major HAP sources, New Source Review/
Prevention of Significant Deterioration
sources, acid rain sources, and municipal waste incinerators.
The program will be administered by state and local permitting agencies. Eventually, nearly all sources, including minor emissions sources, will be
required to apply for and obtain permits under the new program. At a minimum,
states must include the following requirements in their programs: permit
applications, emissions monitoring data, compliance certification, permit fees,
personnel and funding, and permitting authority.
Go to EPA Office of Air and Radiation
Go to Plain English Guide to the Clean Air Act
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Resource Conservation and Recovery Act
The Resource Conservation and Recovery Act of 1976 (RCRA), which amended the
Solid Waste Disposal Act, established regulations to manage the generation,
transport, treatment, storage, and disposal of hazardous wastes while
simultaneously ensuring the protection of human health and the environment.
Subtitle C of the statute addresses the potential for contamination from the
point of waste generation to the point of final disposal or destruction
(“cradle-to-grave”). Subtitle D of RCRA contains less restrictive
requirements for nonhazardous solid waste. Most RCRA requirements are not
industry-specific; rather they apply to any company that transports, treats,
stores, or disposes of hazardous waste.
RCRA has been amended several times, most importantly by the Hazardous and Solid
Waste Amendments of 1984 (HSWA). Under HSWA, RCRA became focused on waste
minimization and a national land disposal ban program with the following
objectives:
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Proper hazardous waste management
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Waste minimization
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Reduction in land disposal practices
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Prohibition of open dumping
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Encouragement of state authorized RCRA programs
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Encouragement of research and development
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Encouragement of recovery, recycling, and treatment alternatives.
HSWA also added Subtitle I which imposed management requirements for underground
storage tanks that contain petroleum or hazardous substances. Subtitle I
includes requirements for tank notification interim prohibition, new tank
standards, reporting and recordkeeping requirements for existing tanks,
corrective action, financial responsibility, compliance monitoring and
enforcement, and approval of state programs. In 1986, Congress passed the
Superfund Amendments Reauthorization Act which amended Subtitle I to provide
federal funds for corrective actions on petroleum releases from UST systems.
RCRA regulations first targeted large companies, which generate the greatest
portion of hazardous waste. Business establishments producing less than 2,200
pounds of hazardous waste in a calendar month (known as small quantity
generators) were exempted from most of the hazardous waste management
regulations published by EPA in May 1980. Under HSWA, however, EPA was
directed by Congress to establish new requirements that would bring small
quantity generators (those who generate between 220 and 2,200 pounds of
hazardous waste per calendar month) into the hazardous waste regulatory system.
EPA issued final regulations for small quantity generators on March 24, 1986.
Solid wastes can be classified as hazardous if:
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They exhibit a characteristic of hazardous waste (ignitability, corrosivity,
toxicity, or reactivity) and are designated with a “D” code
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They are classified as a “listed” waste, a discarded commercial chemical
product from specific industries or sources and are designated with “P” or
“U” codes
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They are hazardous wastes from non-specific sources and are designated with
“F” codes.
The manifest system is the foundation of RCRA. The manifest documents the
contents of each hazardous waste shipment and travels from the generating
facility to the final disposal site.
Go to EPA Office of Solid Waste and Emergency Response
Go to Managing
Your Hazardous Waste: A Guide for Small Businesses
Go to EPA Office of Underground Storage Tanks
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Comprehensive Environmental Response, Compensation and Liability Act
The Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) was enacted by Congress on
December 11, 1980 and established a federal "Superfund" to clean up
uncontrolled or abandoned hazardous waste sites as well as accidents, spills,
and other emergency releases of pollutants and contaminants into the
environment. The focus is primarily on sites that were contaminated in the
past, rather than those currently being contaminated. (The latter sites
are regulated under RCRA.) Under CERCLA, a system was established for
obtaining funds from potentially responsible parties (PRPs).
Under CERCLA, anyone who has had any involvement with a hazardous waste site
targeted by CERCLA could be considered a PRP and could be held responsible for
all or part of the cleanup expense. Site operators, as well as hazardous
waste transporters and shippers, may be required later to contribute thousands
of dollars for cleanup of the disposal site used. Small businesses that
ship wastes off-site for proper and legal disposal may be wise to verify the
legitimacy and track record of transporters and destination disposal sites used.
CERCLA established prohibitions
and requirements concerning closed and abandoned hazardous waste sites. It
provided for liability of persons responsible for releases of hazardous waste at
these sites and established a trust fund to provide for cleanup when no
responsible party could be identified. Under CERCLA, two response actions
could be undertaken. Short-term removals address releases or threatened
releases requiring prompt response. Long-term remedial response actions
permanently address and significantly reduce the dangers associated with
releases or threats of releases of hazardous substances that are serious, but
not immediately life threatening. Long-term actions can be conducted only
if a site is listed on EPA's National Priorities List (NPL).
CERCLA also enabled the revision
of the National Contingency Plan (NCP). The NCP provided the guidelines
and procedures needed to respond to releases and threatened releases of
hazardous substances, pollutants, or contaminants. The NCP also
established the NPL. CERCLA was amended by the Superfund Amendments and
Reauthorization Act (SARA) in 1986.
Go to EPA Office of Solid Waste and Emergency Response
Go to One Cleanup
Program
Go to Superfund Information
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Emergency Planning and Community Right-to-Know Act
The Emergency
Planning and Community Right to Know Act (EPCRA) was enacted by Congress
on October 17, 1986, in response to public concerns over the protection of the
public from chemical emergencies and dangers. EPCRA was enacted as a
stand-alone provision, Title III, of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and has four major parts:
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Emergency Planning
- The emergency planning requirements are designed to develop state and
local government emergency response and preparedness capabilities through
better coordination and planning, especially within the local community.
Facilities subject to emergency planning requirements include those with any
of the 356 listed extremely hazardous chemicals on-site in a quantity equal
to or greater than the established threshold planning quantity (TPQ).
These facilities are to notify the state and local emergency planning
commissions that they are subject to the provisions of EPCRA.
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Emergency Notification -
Facilities that have an unplanned release of any listed extremely hazardous
substance or of CERCLA hazardous substances exceeding their reportable
quantity must notify the state and local emergency planning commissions
immediately. Notification must be made to the local emergency
planning committee (LEPC), the State emergency response commission (SERC),
and the U.S. Coast Guard's National Response Center (NRC).
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Community
Right-to-Know
- The Community Right-to-Know
provisions of SARA Title III are intended to increase the public's knowledge
and access to information regarding the presence of hazardous chemicals in
the community and releases of these chemicals into the environment.
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Toxic Chemical Release Reporting -
Section 313 of EPCRA requires facilities to submit
a reporting form (Form R or Form A) describing toxic chemical releases
and certain other waste management activities.
Owners and operators of certain facilities that process, manufacture, or
otherwise use a listed toxic chemical in amounts exceeding threshold
quantities must report emissions of such chemicals on an annual basis.
Go to EPA Office of Pollution Prevention and Toxics
Go to Toxics Release Inventory web page
Go to
TRI-ME, EPA TRI
Reporting Software
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Oil Pollution Act of 1990
Following the Exxon Valdez oil spill disaster in 1989, Congress signed into law
the Oil Pollution Act (OPA) of 1990 to streamline and strengthen EPA's ability
to prevent and respond to catastrophic oil spills. The OPA amended Section
311 of the Clean Water Act and the Federal Water Pollution Control Act and
created a trust fund financed by a tax on oil to clean up spills when the
responsible party is unable or unwilling to do so. The OPA requires oil
storage facilities and vessels to submit to the Federal government plans
detailing how they will respond to large discharges. EPA has published
regulations for aboveground storage facilities; the Coast Guard has done so for
oil tankers. The OPA also requires:
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Facility Response Plan Rule - Certain
facilities that store and use oil must submit plans to respond to a
worst-case discharge of oil and to a substantial threat of such a discharge.
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Reporting Requirements - Regulated
facilities must report discharges of oil or releases of hazardous substances
to EPA and/or other federal, state, and local government agencies.
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Spill Prevention, Control, and Countermeasure
(SPCC) Rule - Certain facilities must prepare, amend, and implement
SPCC Plans to address the potential for a discharge of oil to navigable
waters and adjoining shorelines.
-
National Contingency Plan (NCP) Subpart J -
Product Schedule - Provides for a schedule of spill mitigating
devices and substances that may be authorized for use on oil discharges.
Go to
Oil
Pollution Act Overview
Go to
Oil
Pollution Prevention Regulations
Go to
Finalized Amendments to the Spill Prevention, Control, and Countermeasures
(SPCC) Rule (effective 1/14/10)
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Pollution Prevention Act
The Pollution Prevention Act of 1990 (PPA) established a national policy that
pollution prevention should be prevented or reduced at the source when feasible.
Pollution that cannot be prevented should be recycled in an environmentally safe
manner. As a last resort, wastes, that cannot be reduced or recycled
should be treated or disposed in an environmentally safe manner. Under
PPA, facilities required to report releases of toxic chemicals under EPCRA are
subject to additional reporting about source reduction and recycling activities.
PPA was designed to promote voluntary source reduction of individual pollution
sources through EPA regulations, grants to states for technical assistance
programs, and establishment of a source reduction clearinghouse. This is
in contrast with other laws that require the treatment, disposal, or recycling
of waste after it has been produced. By adopting pollution prevention
practices, businesses could potentially realize cost savings and improved
regulatory compliance.
Go to EPA P2 Home - Pollution
Prevention Pays
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Toxic Substances Control Act
Enacted on October 11, 1976, The Toxic Substances Control Act (TSCA) has been
amended three times. Under the federally managed TSCA,
EPA has authority to regulate the
manufacture, use, distribution in commerce, and disposal of chemical substances.
The intent of TSCA is to characterize and evaluate risks posed by a chemical to
humans and the environment before the chemical is introduced into commerce.
TSCA contains four titles:
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Title I - Control of Toxic Substances: This title includes provisions for testing of existing chemical substances
and mixtures, regulation of hazardous chemical substances and mixtures,
manufacture and processing notices, in addition to managing imminent hazards
and reporting and recordkeeping requirements.
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Title II - Asbestos Hazard Emergency Response: The Asbestos Hazard Emergency Response Act (AHERA) amendment of 1986
established asbestos abatement programs in schools, requires periodic
asbestos inspections and reinspections and the necessary response actions in
schools, and requires the EPA Administrator to made determinations of the
extent of danger to human health posed by asbestos in public and commercial
buildings and the means to respond to the dangers.
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Title III - Indoor Air Radon Abatement: In October 1988, Congress added the Radon Reduction Act amendment was to
assist states in responding to the human health threats posed by exposure to
radon. EPA was required to publish an updated citizen's guide on the health
risks of radon and perform studies of the radon levels in government
buildings and schools.
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Title
IV - Lead Based Paint Exposure:
In October 1992, the Lead-Based Paint Exposure Reduction Act amended TSCA
to reduce environment exposure to lead contamination and prevent the
adverse health effects caused by it. Provisions of the Act included
exposure studies, determination of lead levels in products, establishing
state programs for monitoring and abatement, and training and certification
requirements for lead abatement workers.
TSCA is often regarded as a regulatory program affecting chemical manufacturers
only. However, many provisions apply to a far broader group of industries. TSCA
regulates the use of the following classes of chemicals:
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Polychlorinated biphenyls (PCBs)
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Asbestos
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Chlorofluorocarbons (CFCs).
In addition, TSCA provisions require manufacturers to provide EPA with data
prior to manufacturing or importing a chemical. These "premanufacture
notices" are designed to minimize the potential for a hazardous chemical to be
improperly used either in manufacturing or by consumers.
Certain substances are generally excluded from TSCA, including, among
others, food, drugs, cosmetics and pesticides.
Go to EPA Office of Pollution Prevention and Toxics
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Clean Water Act
The Clean Water Act (CWA) of 1977 reorganized the 1972 Federal Water Pollution
Control Act and added a major new program to control toxic water pollutants. The
Water Quality Act of 1987 amended the CWA to address toxic hot spots and
stormwater discharges while the Oil Pollution Act of 1990 tightened controls on
discharges of oil and hazardous substances. The surface waters covered by the
CWA are broadly defined and include rivers, lakes, intermittent streams, and
wetlands (Groundwater is covered by the Safe Drinking Water Act.) Pollutants
regulated under the CWA include "conventional" pollutants, such as biochemical
oxygen demand (BOD), total suspended solids (TSS), fecal coliform, oil and
grease, and pH; "priority" pollutants, such as various toxic pollutants; and
"non-conventional" pollutants which are pollutants not identified as either
conventional or priority.
Five major provisions of CWA requirements address:
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Direct discharges
from point sources
are addressed by the National Pollutant Discharge Elimination System (NPDES)
permitting program. NPDES permits are issued by the EPA or an
authorized state and must be obtained for wastewater discharges from
municipal, industrial, commercial, and certain agricultural sources prior to
initiating discharges into surface waters. A permit specifies the quantity
and quality of all discharges. It contains effluent limitations and
monitoring and reporting requirements. The effluent limitation
guidelines for each industrial category are based upon the degree of
reduction of a pollutant that can be achieved through the application of
various levels of technology (Best Practical Technology, Best Available
Technology, and Best Conventional Technology). Permits are required to
be renewed at least once every five years.
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Indirect discharges
of wastewater to a municipal sewer system for treatment at a publicly owned
treatment works (POTW) do not require NPDES permits but must meet
pre-treatment requirements. These pretreatment requirements are
intended to control concentrations of certain pollutants found in industrial
wastewater that, if not controlled, may upset the POTW's treatment
processes. Individual POTWs may establish pretreatment permit
requirements as necessary to achieve their own effluent limitations.
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In 1987, the CWA was amended to establish a comprehensive framework for
addressing stormwater discharges
under the NPDES program. In November 1990, EPA published regulations
outlining NPDES permit application requirements for stormwater discharges
associated with industrial activity
(40 CFR Part 122). Industries within certain industrial sectors
that discharge stormwater associated with industrial activity must obtain an
individual stormwater permit or obtain coverage under a promulgated
stormwater general permit. In September 1995, EPA published the
industry-specific Multi-Sector General Permit to provide NPDES permit
coverage to eligible facilities within 29 different industrial sectors.
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The CWA embodies several provisions to
prevent and manage spills of oil and
hazardous substances that might affect waterways. Most significant
of these is the requirement for Spill Prevention, Control and Countermeasure
(SPCC) Plan at any facility that has oil or hazardous materials storage with
the potential for releases into navigable waterways.
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The CWA exempts the placement of
dredge and fill materials into surface waters from NPDES coverage.
Rather, dredge and fill materials fall under a permit program administered
by the Army Corps of Engineers (COE). Under the CWA,
wetlands are included with
surface waters; therefore activities to modify wetlands are generally
covered by the COE permit.
Go to
EPA Office of Water
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Safe Drinking Water Act
The Safe Drinking Water Act (SDWA) was passed by Congress in 1974 to protect
public health by regulating the nation's public drinking water supply. The
law was amended in 1986 and 1996 and requires many actions to protect drinking
water and its sources--rivers, lakes, reservoirs, springs, and ground water
wells. SDWA applies to every public water system in the United States (SDWA does not
regulate private wells which serve fewer than 25 individuals.)
Under SDWA, EPA is authorized to set national
health-based standards for drinking water to protect against both naturally
occurring and man-made contaminants that may be found in drinking water.
EPA works in conjunction with the states and water systems to ensure that these
standards are met.
Through the 1986 SDWA Amendments, EPA
established National Primary Drinking Water Regulations, including Maximum
Contaminant Levels (MCLs) for contaminants in drinking water that may cause any
adverse effects on the health of persons and that are known or anticipated to
occur in public water systems.
The 1996 SDWA Amendments greatly enhanced the existing law by recognizing
source water protection, operator training, funding for water system
improvements, and public information as important components of safe drinking
water. These amendments emphasize risk-based standard setting, monitoring
relief for public water supply systems, small water supply system flexibility,
and community-empowered source water protection. Major new activities
mandated by the 1996 Amendments include a multi-billion dollar Drinking Water
State Revolving Fund, consumer awareness, small systems technical assistance and
technology development, water system capacity assurance, and operator
certification programs.
Go to EPA Office of Groundwater and Drinking Water
Go to Safe Drinking Water Act
Go to Safe Drinking Water Act Amendments of 1996
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Federal Insecticide, Fungicide, and Rodenticide Act
Enacted in 1947, the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) is the primary federal statute that governs pesticides, fungicides, and
rodenticides in the U.S.
Under FIFRA, all pesticides
distributed or sold in the
U.S.
must be registered (licensed) by EPA. Before EPA may register a pesticide
under FIFRA, the applicant must show, among other things, that using the
pesticide according to specifications "will not generally cause unreasonable
adverse effects on the environment.''
FIFRA defines ''unreasonable
adverse effects on the environment'' as any unreasonable risk to man or the
environment, taking into account the economic, social, and environmental costs
and benefits of the use of any pesticide, or a human dietary risk from residues
that result from a use of a pesticide in or on any food inconsistent with the
standard under section 408 of the Federal Food, Drug, and Cosmetic Act.''
EPA must classify each pesticide
as either "general use," "restricted use," or both. "General use" pesticides may
be applied by anyone, but "restricted use" pesticides may only be applied by
certified applicators or persons working under the direct supervision of a
certified applicator. Because of the limited data available for new
chemicals, most pesticides are initially classified as restricted use.
Applicators are certified by a state if the state operates a certification
program approved by the EPA.
Go to EPA Office of Pesticide Programs
Go to Pesticide Laws, Regulations, and Policies
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