If you are interested in becoming active
in environmental, health, and community safety issues, you will
need to understand many of the following federal laws. These
laws, and others enacted by states, have various requirements
and are enforced by various agencies. We have presented a brief
description of the intent of each law. For more details, you
should obtain a copy from your local library, state library,
or the relevant federal or state agency. Federal and state officials,
community organizations, and interest groups will help you gain
a working knowledge of these laws.
the clean air act
(CAA)
42 U.S.C. s/s 7401 et seq. (1970)
The Clean Air Act is the comprehensive
federal law which regulates air emissions
from area, stationary, and mobile sources. This law authorizes
the U.S. Environmental Protection Agency (EPA) to establish
National Ambient Air Quality Standards (NAAQS)
to protect public health and the environment. The goal of the
Act was to set and achieve NAAQS in every state by 1975. This
setting of maximum pollutant standards was coupled with directing
the states to develop state implementation plans (SIPs) applicable
to appropriate industrial sources in the state.
The Act was amended in 1977 primarily to
set new goals (dates) for achieving attainment of NAAQS since
many areas of the country had failed to meet the deadlines.
The 1990 amendments to the Clean Air Act in large part were
intended to meet unaddressed or insufficiently addressed problems
such as acid
rain, ground level ozone,
stratospheric ozone
depletion, and air toxics.
the clean water
act (CWA)
33 U.S.C. s/s 121 et seq. (1977)
The Clean Water Act is a 1977 amendment
to the Federal Water Pollution Control Act of 1972, which set
the basic structure for regulating discharges
of pollutants to waters of the United States. This law gave
EPA
the authority to set effluent
standards on an industry-by-industry basis (technology-based)
and continued the requirements to set water
quality standards for all contaminants in surface waters.
The CWA makes it unlawful for any person to discharge
any pollutant from a point
source into navigable waters unless a permit
(NPDES)
is obtained under the Act. The 1977 amendments focused on toxic
pollutants. In 1987, the CWA was reauthorized and again focused
on toxic
substances, authorized citizen suit provisions, and funded
sewage treatment plants (POTWs)
under the Construction Grants Program.
The CWA provides for the delegation by
EPA
of many permitting, administrative, and enforcement aspects
of the law to state governments. In states with the authority
to implement CWA programs, EPA still retains oversight responsibilities.
the comprehensive
environmental response, compensation, and liability act (CERCLA
or Superfund)
42 U.S.C. s/s 9601 et seq. (1980)
CERCLA (pronounced SERK-la) provides 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.
Through the Act, EPA was given power to seek out those parties
responsible for any release and assure their cooperation in
the cleanup. EPA cleans up orphan sites when potentially
responsible parties (PRPs) cannot be identified or located,
or when they fail to act. Through various enforcement tools,
EPA obtains private party cleanup through orders, consent
decrees, and other small party settlements. EPA also recovers
costs from financially viable individuals and companies once
a response action has been completed.
EPA is authorized to implement the Act
in all 50 states and U.S. territories. Superfund
site identification, monitoring, and response activities in
states are coordinated through the state environmental protection
or waste management agencies.
the emergency planning & community
right-to-know act (EPCRA)
42 U.S.C. 11011 et seq. (1986)
Also known as Title III of SARA,
EPCRA was enacted by Congress as the national legislation on
community safety. This law was designed to help local communities
protect public health, safety, and the environment from chemical
hazards.
To implement EPCRA, Congress required each
state to appoint a State
Emergency Response Commission (SERC). The SERCs were required
to divide their states into Emergency Planning Districts and
to name a Local
Emergency Planning Committee (LEPC) for each district. Broad
representation by fire fighters, health officials, government
and media representatives, community groups, industrial facilities,
and emergency managers ensures that all necessary elements of
the planning process are represented.
the
endangered species act
7 U.S.C. 136; 16 U.S.C. 460 et seq. (1973)
The Endangered Species Act provides a program
for the conservation of threatened and endangered plants and
animals and the habitats in which they are found. The U.S. Fish
and Wildlife Service (FWS) of the Department of Interior maintains
the list of 632 endangered species (326 are plants) and 190
threatened species (78 are plants). Species include birds, insects,
fish, reptiles, mammals, crustaceans, flowers, grasses, and
trees. Anyone can petition FWS to include a species on this
list or to prevent some activity, such as logging, mining, or
dam building. The law prohibits any action, administrative or
real, that results in a "taking" of a listed species,
or adversely affects habitat. Likewise, import, export, interstate,
and foreign commerce of listed species are all prohibited.
EPA's decision to register a pesticide
is based in part on the risk
of adverse effects on endangered species as well as environmental
fate (how a pesticide will effect habitat). Under FIFRA,
EPA can issue emergency suspensions of certain pesticides to
cancel or restrict their use if an endangered species will be
adversely affected. Under a new program, EPA, FWS, and USDA
are distributing hundreds of county bulletins which include
habitat maps, pesticide use limitations, and other actions required
to protect listed species.
In addition, we are enforcing regulations
under various treaties, including the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES).
The U.S. and 70 other nations have established procedures to
regulate the import and export of imperiled species and their
habitat. The Fish and Wildlife Service works with U.S. Customs
agents to stop the illegal trade of species, including the Black
Rhino, African elephants, tropical birds and fish, orchids,
and various corals.
the federal insecticide, fungicide
and rodenticide act (FIFRA)
7 U.S.C. s/s 135 et seq. (1972)
The primary focus of FIFRA was to provide
federal control of pesticide
distribution, sale, and use. EPA was given authority under FIFRA
not only to study the consequences of pesticide usage but also
to require users (farmers, utility companies, and others) to
register when purchasing pesticides. Through later amendments
to the law, users also must take exams for certification as
applicators of pesticides. All pesticides used in the U.S. must
be registered (licensed) by EPA. Registration assures that pesticides
will be properly labeled and that, if used in accordance with
specifications, will not cause unreasonable harm to the environment.
the (federal) freedom of information
act (FOIA)
U.S.C. s/s 552 (1966)
The Freedom of Information Act provides
specifically that "any person" can make requests for
government information. Citizens who make requests are not required
to identify themselves or explain why they want the information
they have requested. The position of Congress in passing FOIA
was that the workings of government are "for and by the
people" and that the benefits of government information
should be made available to everyone.
All branches of the federal government
must adhere to the provisions of FOIA with certain restrictions
for work in progress (early drafts), enforcement confidential
information, classified documents, and national security information.
the national environmental policy
act (NEPA)
42 U.S.C. s/s 4321 et seq. (1969)
The National Environmental Policy Act was
one of the first laws ever written that establishes the broad
national framework for protecting our environment. NEPA's basic
policy is to assure that all branches of government give proper
consideration to the environment prior to undertaking any major
federal action which significantly affects the environment.
NEPA requirements are invoked when airports, buildings, military
complexes, highways, parkland purchases, and other such federal
activities are proposed. Environmental
Assessments (EAs) and Environmental
Impact Statements (EISs), which are assessments of the likelihood
of impacts from alternative courses of action, are required
from all federal agencies and are the most visible NEPA requirements.
the occupational
safety and health act
29 U.S.C. 61 et seq. (1970)
Congress passed the Occupational and Safety
Health Act to ensure worker and workplace safety. Their goal
was to make sure employers provide their workers a place of
employment free from recognized hazards to safety and health,
such as exposure to toxic
chemicals, excessive noise levels, mechanical dangers, heat
or cold stress, or unsanitary conditions. In order to establish
standards for workplace health and safety, the Act also created
the National Institute for Occupational Safety and Health (NIOSH)
as the research institution for the Occupational Safety and
Health Administration (OSHA).
OSHA is a division of the U.S. Department of Labor which oversees
the administration of the Act and enforces federal standards
in all 50 states.
the
oil pollution act of 1990
33 U.S.C. Section 2702 to 2761
The Oil Pollution Act (OPA) of 1990 streamlined
and strengthened EPA's ability to prevent and respond to catastrophic
oil spills. A trust fund financed by a tax on oil is available
to clean up spills when the responsible party is incapable or
unwilling to do so. The OPA requires oil storage facilities
and vessels to submit to the federal government response 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
the development of Area Contingency Plans to prepare and plan
for oil spill response on a regional scale.
the pollution prevention
act
42 U.S.C. 13101 and 13102, s/s 6602 et
seq. (1990)
The Pollution Prevention Act focused industry,
government, and public attention on reducing the amount of pollution
produced through cost-effective changes in production, operation,
and raw materials use. Opportunities for source reduction are
often not realized because existing regulations, and the industrial
resources required for compliance, focus on treatment and disposal.
Source reduction is fundamentally different and more desirable
than waste management or pollution control. Pollution prevention
also includes other practices that increase efficiency in the
use of energy, water, or other natural resources, and protect
our resource base through conservation. Practices include recycling,
source
reduction, and sustainable
agriculture.
the resource conservation and
recovery act (RCRA)
42 U.S.C. s/s 321 et seq. (1976)
RCRA (pronounced "rick-rah")
gave EPA the authority to control hazardous waste from "cradle-to-grave."
This includes the generation, transportation, treatment, storage,
and disposal of hazardous waste. RCRA also set forth a framework
for the management of non-hazardous solid wastes.
The 1986 amendments to RCRA enabled EPA
to address environmental problems that could result from underground
tanks storing petroleum and other hazardous substances. RCRA
focuses only on active and future facilities and does not address
abandoned or historical sites (see CERCLA).
HSWA
(pronounced "hiss-wa") - The federal Hazardous and
Solid Waste Amendments. The 1984 amendments to RCRA
which required phasing out land disposal
of hazardous
waste. Some of the other mandates of this strict law include
increased enforcement authority for EPA,
more stringent hazardous waste management standards, and a comprehensive
underground
storage tank program.
the safe drinking water act (SDWA)
43 U.S.C. s/s 300f et seq. (1974)
The Safe Drinking Water Act was established
to protect the quality of drinking water in the U.S. This law
focuses on all waters actually or potentially designated for
drinking use, whether from above ground or underground sources.
The Act authorized EPA to establish safe standards of purity
and required all owners or operators of public water systems
to comply with primary (health-related) standards. State governments,
which assume this power from EPA, also encourage attainment
of secondary standards (nuisance-related).
the superfund amendments and reauthorization
act (SARA)
42 U.S.C. 9601 et seq. (1986)
The Superfund Amendments and Reauthorization
Act of 1986 reauthorized CERCLA
to continue cleanup activities around the country. Several site-specific
amendments, definitions, clarifications, and technical requirements
were added to the legislation, including additional enforcement
authorities.
Title III of SARA
also authorized the Emergency Planning and Community Right-to-Know
Act (EPCRA).
the toxic substances
control act (TSCA)
15 U.S.C. s/s 2601 et seq. (1976)
The Toxic Substances Control Act of 1976
was enacted by Congress to test, regulate, and screen all chemicals
produced or imported into the U.S. Many thousands of chemicals
and their compounds are developed each year with unknown toxic
or dangerous characteristics. To prevent tragic consequences,
TSCA requires that any chemical that reaches the consumer market
place be tested for possible toxic effects prior to commercial
manufacture.
Any existing chemical that poses health
and environmental hazards is tracked and reported under TSCA.
Procedures also are authorized for corrective action under TSCA
in cases of cleanup of toxic materials contamination. TSCA supplements
other federal statutes, including the Clean
Air Act and the Toxic
Release Inventory under EPCRA.