Clean Air Act
The Clean Air Act is the comprehensive Federal law that regulates air emissions from area, stationary, and mobile sources. This law authorizes the U.S. Environmental Protection Agency 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. The setting of maximum pollutant standards was coupled with directing the states to develop state implementation plans (SIP's) 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.
Air Quality Control Regions
This section directs that the nation be divided into air sheds known as air quality control regions to provide for the attainment and maintenance of National Ambient Air Quality Standards (NAAQS).
Air Quality Criteria and Control Techniques
The Administrator of the EPA is required to publish a list of air pollutants "which may reasonably be anticipated to endanger public health or welfare".
National Primary and Secondary Ambient Air Quality Standards
National Ambient Air Quality Standards (NAAQS) are mandated for criteria air pollutants. Primary standards are set with a "margin of safety" to protect human health, while secondary standards promote public welfare.
Standards of Performance for New Stationary Sources
This section requires that all new or modified stationary sources listed in various industrial categories conform to New Source Performance Standards (NSPS). NSPS are technology-based standards that employ Lowest Achievable Emissions Rates (LAER) which use the most advanced pollution reduction techniques available.
Hazardous Air Pollutants
This establishes National Emissions Standards for Hazardous Air Pollutants (NESHAPs) for stationary sources of air pollution that emit certain toxic air pollutants in designated industrial categories. Part (b) gives a list of the 189 pollutants originally listed in the CAA. This list consists of substances that are known to cause or may reasonably be anticipated to cause adverse effects to human health or the environment.
Prevention of Significant Deterioration
The CAA presents the Prevention of Significant Deterioration (PSD) program to protect the quality of those areas of the country that currently meet or exceed the NAAQS. All areas in attainment for one or more of the criteria pollutants are designated Class I, II, or III, with Class I area being allowed the smallest incremental pollution increases above baseline contributions and Class III the largest. Section 169A gives special visibility protection provisions for Federal Class I areas which require major stationary sources to use best available retrofit technologyto reduce visibility impairment.
Motor Vehicle Emissions and Fuel Standards
These sections require that the EPA set nationally uniform emissions standards for motor vehicles that manufacturers must meet by strict deadlines.
Acid Deposition Control
Sulfur dioxide (SO2 ) and nitrogen oxides (NOx ) are targeted in attempts to reduce the adverse effects of acid deposition. The 1990 CAA Amendments gave the goal of reducing SO2 emissions by 10 million ton/year and NOx emissions by 2 million ton/year from 1980 levels. In doing so, Title IV sets up an emissions trading system of marketable allowances.
Title VI--Stratospheric Ozone Protection
A national program is established for controlling substances that contribute to the depletion of stratospheric ozone. Closely following the Montreal Protocol and a focus of the amendments 1990, Title IV aims to ban the production of all Class I substances by the year 2000, and all Class II substances by 2030.
National Primary and Secondary Ambient Air Quality Standards,
This particular regulation is perhaps the keystone to all regulations falling under the CAA. It gives the National Ambient Air Quality Standards, commonly known as NAAQS, as mandated in § 109 of the CAA. Both primary and secondary standards are described and given for the six regulated pollutants. These pollutants are: sulfur dioxide (SO2 ), particulate matter (PM10 ), carbon monoxide (CO), ozone (O3 ), nitrogen dioxide (NOx ), and lead (Pb). Primary ambient air quality standardsdefine levels of air quality necessary to protect public health. Secondary ambient air quality standards are intended to protect the public welfare from any known or adverse effects of a pollutant. Appendices give the methods for determining the air levels of each NAAQS.
Clean Water Act
Growing public awareness and concern for controlling water pollution led to enactment of the Federal Water Pollution Control Act Amendments of 1972. As amended in 1977, this law became commonly known as the Clean Water Act. The Act established the basic structure for regulating discharges of pollutants into the waters of the United States. It gave EPA the authority to implement pollution control programs such as setting wastewater standards for industry. The Clean Water Act also continued requirements to set water quality standards for all contaminants in surface waters. The Act made it unlawful for any person to discharge any pollutant from a point source into navigable waters, unless a permit was obtained under its provisions. It also funded the construction of sewage treatment plants under the construction grants program and recognized the need for planning to address the critical problems posed by nonpoint source pollution.
Subsequent enactments modified some of the earlier Clean Water Act provisions. Revisions in 1981 streamlined the municipal construction grants process, improving the capabilities of treatment plants built under the program. Changes in 1987 phased out the construction grants program, replacing it with the State Water Pollution Control Revolving Fund, more commonly known as the Clean Water State Revolving Fund. This new funding strategy addressed water quality needs by building on EPA-State partnerships.
Also known as the Federal Water Pollution Control Act, it is the objective of the Clean Water Act "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters". Seven goals and policies are declared in order to meet this objective. One goal was to reach zero discharge of pollutants by 1985. Others include providing funding for the construction of publicly owned treatment works (POTWs), creating a nonpoint source pollution program, and generally, and making the waters of the U.S. "fishable and swimmable". Although not specifically stated in this declaration, the CWA contains the nation's most noteworthy wetlands legislation.
Toxic and pretreatment effluent standards
This requires that industries discharging toxic pollutantsmeet effluent limits that employ the best available technology economically achievable. Part (b) mandates the establishment of pretreatment standards while part {c} looks at new sources of pollutants into publicly owned works
Nonpoint source management programs
This section requires that states identify waters that are not able to meet WQS because of nonpoint sources. The activities responsible for the pollution are to be identified and a management plan is to be created to help correct the nonpoint source problem.
Permits for dredged or fill material
This is the major wetlands provision of the CWA, and largely, in environmental law. The basic gist of this section is that a permit is required from the U.S. Army Corps of Engineers for the disposal of dredged or filled materials intonavigable waters, notably wetlands, with EPA concurrence, and notice and opportunity for public hearings.
Citizen suits
Any citizen is given the right to file suit against any personin violation of an effluent standard or against EPA for failure to perform nondiscretionary duties.
Toxic Pollutant Effluent Standards, EPA
This section designates toxic pollutanteffluent standards and applies to owners or operators of specified facilities discharging intonavigable waters. Section 129.4 listed the pollutants to be regulated. Each owner/operator is given 60 days to notify the Regional Administrator of any listed pollutant that is discharged. Much of the regulation gives specific information on each of the toxic pollutants.
Emergency Planning & Community Right to Know Act
Also known as Title III of SARA, EPCRA was enacted by Congress as the national legislation on community safety. This law was designated 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 SERC's 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.
Endangered Species Act
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 US Fish and wildlife and the department of the 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. 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 affect 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 that include habitat maps, pesticide use limitations, and other actions required to protect
Determination of Endangered Species and Threatened Species
Provisions are given concerning the listing of endangered or threatened species by the Secretary of the Interior or the Secretary of Commerce. These listings are to be based on the "best scientific and commercial data available". Section 4(b)(3) provides that citizens may petition to modify the lists. Part (f) discusses that the Secretary shall develop and implement recovery plans for the conservation and survival of listed species unless it is found that such a plan will not promote the conservation of the species.
Prohibited Acts
This section makes it unlawful to import, export, possess, sell, deliver, transport, or ship any endangered species. It is also unlawful to take any endangered species. These provisions apply to any listed species, including plants and threatened species. The prohibitions pertain to any "person", including any corporation or government entity.
Listing Endangered and Threatened Species and Designating Critical Habitat, Joint Regulations on Endangered Species
This part presents the rules for revising the Lists of Endangered and Threatened Wildlife and Plants, and also gives the rules for designating critical habitats. Any such revision must be performed by the Secretary of the Interior. Critical habitats shall be specified at the time a species is proposed for listing, to the maximum extent possible (§12). In §14, guidelines are given for submitting a petition to revise the list. Instructions are given as to the publication of this information, with the final result being a Final Rule in the Federal Register. The Lists of Endangered and Threatened Wildlife and Plants shall be reviewed every five years to determine if a subject should be delisted or reclassified.
516 DM 2, Appendix 2 (2.8), US Dept of the Interior
Environmental documents (i.e. EIS, EAS, FONSI) must be prepared for actions which may adversely affect a species listed, or proposed to be listed, on the "List of Endangered or Threatened Species" or so effect a designated critical habitat for these species.
Federal Insecticide, Fungicide, and Rodenticide Act
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 in accordance with specifications, will not cause unreasonable harm to the environment.
Registration of pesticides
All pesticides must be registered with the EPA. Each pesticide must perform its intended function in a manner to prevent unreasonable adverse effects on the environment. A pesticide classification system, denoting pesticide use as either restricted or general, is also put forth.
Imports and exports
Pesticides registered under the Act are able to be legally exported when prepared accordingly. Monitoring provisions for imports and exports are presented.
National Environmental Policy Act (NEPA)
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 that significantly affects the environment.
NEPA requirements are invoked when airports, buildings, military complexes, highways, parkland purchases, and other 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.
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.
RCRA (pronounced "rick-rah") gave EPA the authority to control hazardous waste from the "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 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
HSWA (pronounced "hiss-wa")—The Federal Hazardous and Solid Waste Amendments are the 1984 amendments to RCRA that 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.
Safe Drinking Water Act
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 designed 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).
National drinking water regulations
The EPA is required to promulgate national drinking water regulations, known as Maximum Contaminant Level Goals (MCLGs) and Maximum Contaminant Levels (MCLs) for public water systems. These standards specify minimum levels of drinking water quality and are to be issued for any contaminant that is known or anticipated to have any adverse effect on health.
Pollution Prevention Act
The Pollution Prevention Act focused industry, government, and public attention on reducing the amount of pollution through cost-effective changes in production, operation, and raw materials use. Opportunities for source reduction are often not realized because of 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.