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FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT ("FIFRA")
• Insecticide Act of 1910 was a precursor to FIFRA. The Insecticide Act was essentially a labelling statute with no registration or safety standards.
• First passed in 1947; amended in 1972 by Federal Environmental Pesticide Control Act, and FIFRA Amendments of 1975, 1978, 1980 and 1988.
• Primary purpose of FIFRA was to require registration of pesticides to protect consumers from misbranded, adulterated and/or, ineffective pesticides. Jurisdiction was originally placed with U.S. Department of Agriculture, but was transferred to the EPA in 1970.
• No person may distribute, sell or receive pesticides, unless first registered with EPA.
• Requires proper labeling and absence of unreasonable adverse effects on environment when pesticide is used in accordance with commonly recognized practice.
• Inspection and enforcement
• EPA can issue a notice of cancellation of registration or suspend usage.
Example: Ethylene Dibromide (EDB).
• Authorizes entry and inspection of establishments by EPA.
• Provides criminal penalties for certain violations.
NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 ("NEPA")
• Short general statute signed on January 1, 1970.
• Declared first national environmental policy and promoted consideration of environmental concerns by federal agencies.
• Announced general commitment to "use all practicable means" to conduct federal activities to promote "the general welfare" and be in "harmony" with the environment.
• Has had a pervasive effect on federal decision making process.
• Title I - Declares national environmental policy and goals; provides method for accomplishing these goals.
• Title II - Creates Council on Environmental Quality and defines its responsibilities (e.g. preparation of, environmental impact statements ("EIS") to be "included in every recommendation or report on proposals for legislation and other major federal actions significantly affecting the quality of the human environment").
THE CLEAN AIR ACT ("CAA")
• CAA was first enacted in 1970; extensively amended in 1977 and 1990.
• Final regulations from 1990 amendments have not yet been promulgated.
• Title I - Sets up cleanup deadlines for more than 100 geographic areas for non-attainment of federal health standards for sulfur dioxide (SO), nitrogen oxides (NOx), particulate matter, carbon monoxide, lead and ozone.
• Title II - Mobile Sources. Example: Automobiles.
• Title III - Air toxics list has been expanded from seven to include 189 additional specific chemicals. EPA will issue guidelines defining
Maximum Achievable Control Technology (MACT) for existing sources that emit any of the listed chemicals.
• Title V - Discharge Permits similar to "NPDES" are required.
• Title VI - Stratospheric ozone and global climate protection are controlled.
• Title VII - Enforcement action is strengthened with higher penalties and criminal action suits are allowed.
• Title VIII - Miscellaneous provisions.
• Title IX - Clean air research.
• Title X - Disadvantaged business concerns.
• Title XI - Clean air employment transition assistance.
• State Implementation Plan ("SIP")
• Each state has primary responsibility for assuring air quality within its borders by submitting SIP.
• New source performance standards
• EPA must establish federal standards for new stationary sources of pollution.
• EPA must consider costs of achieving emission reduction.
• Hazardous air pollutants
• EPA must establish national emission standards for hazardous air pollutants ("NESHAPs").
• Enforcement and monitoring provisions
• Provides federal enforcement mechanisms for air quality and emission limitation requirements.
• Interim orders may be issued to allow noncomplying stationary sources to continue operating.
• Noncompliance penalties.
• EPA or state can assess noncompliance penalties against sources in violation of applicable limitations or standards.
• Penalty must at least equal violator's economic benefit for noncompliance.
• Interstate pollution.
• SIPs must require that certain sources which will significantly contribute to air pollution outside source's state must notify nearby states prior to commencing construction.
OCCUPATIONAL SAFETY AND HEALTH ACT ("OSHA")
• Enacted in December, 1970.
• Simple, well-drafted statute.
• Has not been amended or modified, since original passage.
• Created Occupational Safety and Health Administration.
• A division of U.S. Department of Labor
• Environmental contaminants in workplace have increasingly become OSHA's primary concern over past few years.
• Purpose of the Act.
• To assure that "no employee will suffer material impairment of health or functional capacity" from a lifetime of occupational exposure, "...to the extent feasible."
• Three main roles of OSHA.
• Setting consensus standards, permanent standards and emergency temporary standards for safety and health.
• Enforcement through federal and state inspectors. Public education and consultation.
• OSHA standards contained at 29 C.F.R. Part 1910.
• OSHA Hazard Communication Standard, has been characterized by some as the agency's most important safety related rule making.
• Initially published on November 25, 1983; today see 29 C.F.R. 1910.1200.
• Effective November, 1985 for chemical manufacturers, distributors and importers.
• Effective May, 1986 for manufacturers that use chemicals.
• Originally covered only manufacturing industries in SIC Codes 20-39.
• Extended by court order in 1987 to virtually all employers.
• Requires chemical manufacturers to issue Material Safety Data Sheets ("MSDS").
• Requires employers to assemble lists of hazardous materials in workplace, label all chemicals, provide employees with access to MSDS, training and education.
CLEAN WATER ACT ("CWA")
• Originally passed in 1972 as Federal Water Pollution Control Act ("FWPCA ") with goal of regulating ocean dumping.
• Renamed Clean Water Act in 1977 when regulatory focus changed to rigorous control of toxic water pollutants.
• Extensive new amendments in 1987 to improve water quality in areas where compliance with nationwide minimum discharge standards was insufficient to assure attainment of water quality goals.
• Purpose is to restore and maintain chemical, physical and biological integrity of the nation's waters.
• Establishes two "national goals":
• Achieving a level of water quality which "provides for the protection and propagation of fish, shellfish, and wildlife" and "for recreation in and on the water" by July 1, 1983; and
• Eliminating the discharge of pollutants into United States waters by 1985.
• Mechanisms for achieving CWA goals and objectives.
• A two-stage system of technology-based effluent limits establishing base level or minimum treatment required to be achieved by direct industrial discharges and publicly-owned treatment works ("POTWs") and a complimentary system of pre-treatment requirements applicable to dischargers to POTWs.
• A program for imposing more stringent limits and permits where necessary to achieve water quality standards or objectives.
• A permit program [the National Pollutant Discharge Elimination System ("NPDES")] requiring dischargers to disclose volume and nature of their discharges; authorizing EPA to specify limitations to be imposed on such discharges; imposing on dischargers obligation to monitor and report as to compliance or noncompliance with limitations so imposed; and authorizing EPA and citizen enforcement in the event of noncompliance.
• Measurements of compliance or noncompliance with limitations imposed, and authorizing EPA and citizen enforcement in event of noncompliance.
• Specific provisions applicable to certain toxic and other pollutant discharges of particular concern or special character (e.g. storm water discharges, oil or hazardous chemical spills).
• A grant program to help fund POTW attainment of applicable requirements. Grant program to be converted into revolving loan program in 1989 and l990.
SAFE DRINKING WATER ACT ("SDWA")
• Enacted in 1974; extensively amended in 1986.
• SDWA federalized regulation of drinking water systems, required EPA to set national standards for contaminant levels in drinking water, and dramatically expanded federal role.
• In 1974, Congress responded to information suggesting that chemicals were contaminating major surface and underground drinking water supplies; that widespread underground injection operations were threatening major aquifers; and that public water supply systems were antiquated, under-funded and increasingly a threat to public health.
• 1986 Amendments mandated issuance of standards for 83 specified contaminants by June, 1989, with standards for 25 additional contaminants to be issued every three years thereafter.
• Increased EPA enforcement powers.
• Provided increased protection for sole source aquifers and wellhead areas.
• Regulated presence of lead in drinking water systems.
• Protection of underground sources of drinking water.
• Authorized EPA to promulgate regulations for state underground injection control programs.
• EPA must approve UIC programs for states listed as needing them to assure underground injection will not endanger drinking water sources.
• State wellhead protection programs.
• States must establish programs to protect the surface and subsurface areas surroundingwater wells or well fields supplying a public water supply ("PWS") from contamination.
• Drinking water coolers with lead-lined tanks.
• EPA must identify each brand and model of drinking water cooler that is not lead-free.
• No person may manufacture or sell in interstate commerce any drinking water cooler that is not lead-free.
HAZARDOUS MATERIALS TRANSPORTATION ACT ("HMTA")
• Enacted in 1975.
• Authorizes Department of Transportation (DOT) to designate as "hazardous material" particular materials "whose transportation in commerce may pose an unreasonable risk to health and safety or properety.
THE RESOURCE CONSERVATION AND RECOVERY ACT ("RCRA")
• Enacted in 1976; establishes regulatory program for present hazardous waste activities.
• Amended several times since, most importantly by the Hazardous and Solid Wastes Amendments (HSWA) of 1984.
• 10 Subtitles, but most significant is Subtitle C.
• Subtitle C establishes National Hazardous Waste Management Program a/k/a RCRA "cradle to grave" program.
• Subtitle D covers solid waste management.
• Subtitle I covers underground storage tanks.
• Hazardous Waste Management Program.
• RCRA authorized EPA to promulgate criteria for listing hazardous waste, according to such factors as toxicity, degradability and flammability.
• Establishes procedures for EPA standards to protect human health and environment, applicable to generators and transporters of hazardous waste and owners and operators of hazardous waste treatment, storage and disposal facilities.
• Each owner or operator of listed hazardous waste facility must obtain a permit. RCRA establishes requirements for permit issuance and revocation and granting interim status to facilities pending EPA action on permit applications.
• Persons who generate, store or handle hazardous waste must furnish information upon request to EPA; EPA may conduct inspections of such facilities.
• Less stringent state hazardous waste regulations are generally preempted.
• Each state must compile, publish and submit to EPA an inventory describing hazardous waste storage and disposal sites within the state.
• RCRA establishes procedures by which EPA shall promulgate regulations governing recycled oil.
• Statute generally provides that hazardous waste may not be disposed of by underground injection into or above any formation containing underground source of drinking water.
• State or regional solid waste plans.
• Required to encourage and facilitate development of regional planning for solid waste management; EPA must publish guidelines for identification of regions that have common solid waste management problems and guidelines to assist in developing and implementing state solid waste plans.
• Miscellaneous provisions.
• Any person may bring citizen suit against alleged violators or EPA or against any contributor to handling or disposal of solid or hazardous waste that may present imminent or substantial endangerment to health or environment.
• Demonstration Medical Waste Tracking Program.
• New York, New Jersey, Connecticut and states contiguous to Great Lakes included in pilot medical waste tracking program.
• EPA shall promulgate regulations listing types of waste covered by tracking program.
TOXIC SUBSTANCES CONTROL ACT ("TSCA")
• Enacted by Congress on October 11, 1976; became effective January 1, 1977.
• Two main regulatory features.
• Acquisition of sufficient information by EPA to identify and evaluate potential hazards from chemical substances.
• Regulations of production, use, distribution and disposal of such substances where necessary.
• Testing requirements.
• Authorizes EPA to require manufacturers and processors to test certain substances and develop data concerning whether they present unreasonable risk of injury to health or environment.
• Upon receiving data or other information indicating basis to conclude that a substance presents significant risk, EPA authorized to initiate appropriate action to obtain relief to address the imminent hazard.
• Manufacturing and processing notices.
• Manufacturing and processors of new substances or substances to be applied to significant new uses, must first notify EPA of intent to manufacture or process and submit data from required testing.
• EPA may issue proposed order to restrict manufacture or use pending further information for substances on which information is insufficient.
• Regulation of hazardous chemical substances and mixtures.
• Authorizes EPA to issue rules prohibiting or limiting manufacture or processing of substances that present unreasonable risk of injury to health or environment.
• Imminent hazards.
• Authorizes EPA to commence civil action or seize imminently hazardous substances or seek other appropriate relief, i.e. mandatory notification, recall, repurchase by manufacturer, processor or distributor.
• Reporting and retention of information.
• Authorizes EPA rules for record keeping procedures and reporting requirements for manufacturers and processors.
• Inspections.
• Authorizes EPA representatives to inspect premises where chemical substances or mixtures are processed or stored, and of conveyances used to transport such substances.
• Exports and imports.
• TSCA requirements generally do not apply to substances distributed for export, unless EPA determines there will be unreasonable risk of harm within U.S.A.
• Provides civil and criminal penalties for violations.
• Substances produced in violation of statute may be seized.
• Authorizes citizen suits against violators or EPA.
• Federal testing requirements generally preempt state testing requirements for substances.
• Asbestos hazard emergency response was enacted in 1986 as new Title 117 to TSCA.
• Authorizes EPA regulations for inspection procedures to determine whether asbestos is present in school buildings and to prescribe standards for transportation and disposal of asbestos under authority of local educational agencies.
• Authorizes EPA regulations requiring each local educational agency to develop asbestos management program for its school buildings.
• Authorizes EPA or state governor action to protect human health and environment whenever imminent and substantial endangerment to human health and environment exists and local educational agency is not taking sufficient action.
• Indoor radon abatement.
• Sets long term national goal that air inside buildings be as free of radon as ambient air outside.
• Directs EPA to publish updated "Citizens Guide to Radon."
• Orders EPA to develop model construction standards and techniques for controlling radon levels in new buildings.
• Orders EPA to study extent of radon contamination in U.S. schools.
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT ("CERCLA" OR "SUPERFUND")
• Enacted in 1980; establishes comprehensive response program for past hazardous waste activities.
• Stimulated by Love Canal environmental response in Niagara Falls, NY.
• Notification and record keeping requirements.
• Imposes notification requirements on persons who handle, store or dispose of hazardous substances.
• Creates response authorities.
• Authorizes President to remove any substance which may present imminent and substantial danger to public health or welfare which has been released or about to be released, and authorizes long term remedial.
• Establishes amount of money available from the Hazardous Substance Superfund for response actions and provides for federal and state cost sharing of response costs.
• Permits federal or state representatives to require persons to furnish information concerning ability to pay for or perform changes.
• Establishes National Contingency Plan ("NCP").
• Authorizes President to publish NCP to provide for efficient and coordinated action to minimize damage from oil and hazardous substance discharges. NCP was originally under the clean water act when only oil was the primary concern. When the NCP was expanded to include hazardous substances, the NCP was transferred to CERCLA.
• Authorizes abatement actions.
• When President determines imminent and substantial endangerment may exist to public health or welfare or to environment because of actual or threatened release, he may require Attorney General to seek relief necessary to abate the danger.
• Persons complying with abatement orders may petition for reimbursement from the Fund.
• Establishes cleanup liability.
• Owners and operators of facilities at which hazardous substances are located, persons who arrange for disposal of hazardous substances and persons who accept hazardous substances for transport to disposal and treatment facilities are liable for response costs incurred by government consistent with NCP.
• Such persons also may be liable for other necessary response costs incurred consistent with NCP for injury to natural resources and costs of certain health assessments or studies.
• Liability is strict, joint and several.
• Uses of Superfund.
• Uses include payment of government response costs and payment of necessary and approved response costs incurred by other persons carrying out NCP.
• No claim may be asserted against Fund unless first presented to PRP.
• Claims against Fund subject to six year statute of limitations from completion of all response action.
• Civil proceedings.
• Judicial review of abatement actions and response actions is limited.
• Cleanup standards.
• Remedial actions must assure protection of human health and environment, be consistent with NCP, be cost effective and give preference to permanent treatment.
• Remedial actions must also attain level of control that equals standard required by any applicable or relevant and appropriate requirements ("ARAR") of other federal or state environmental laws.
• Superfund revenue.
• Superfund receives part of its revenue from petroleum and chemical feedstock taxes, a tax on imported chemical derivatives, an environmental tax, and part from general revenues.
SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT ("SARA")
• Enacted in 1986; made CERCLA bigger and more complex.
• Significant revisions to CERCLA.
• Has created some confusion because much written about; did not change CERCLA's name; only amended it.
• Three subtitles.
• Title I - reauthorizes and amends CERCLA.
• Title II - miscellaneous provisions.
• Title III - Emergency Planning and Community Right to Know.
EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT ("EPCRA")
• A free standing provision of 1986 SARA statute.
• Stimulated by Bhopal, India, gas incident.
• Congressional effort to compel state and local governments to develop plans for responding to unanticipated environmental releases of potentially hazardous chemical substances.
• Requires businesses that use these substances to notify state and Local Emergency Planning committees ("LEPC") of presence of substances at their facilities and report on inventories and environmental releases of those substances.
• Three subtitles in EPCRA.
• Subtitle A - emergency planning and notification; creates framework for emergency planning and release notification. Established SEPC's and LEPC's at state and local levels.
• Subtitle B - reporting requirements; requires three sets of reports concerning two different groups of chemical substances.
• Subtitle C - general provisions - strict trade secrecy claims, creates civil, criminal and administrative penalties for violations of reporting requirements; authorizes enforcement actions by citizens as well as state and local government entities.
ASBESTOS HAZARD EMERGENCY RESPONSE ACT OF 1986 ("AHERA")
• Enacted in 1986 as new Title III to Toxic Substances Control Act.
• Requires EPA to establish comprehensive regulatory framework for inspection, management, planning operations and maintenance activities and appropriate abatement responses for controlling asbestos
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