Environmental Statutes

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LAWS, LAWS & MORE LAWS

1. Surface Mining Control & Reclamation Act: requires coal strip mines to reclaim the land

2. Madrid Protocol: Moratorium on mineral exploration for 50 years in Antarctica

3. Safe Drinking Water Act: set maximum contaminant levels for pollutants that may have adverse effects on human health

4. Clean Water Act of 1972: set maximum permissible amounts of water pollutants that can be discharged into waterways..aim to make surface waters swimmable and fishable

5. Water Quality Act: attempt to reduce non-point source pollution

6. Ocean Dumping Ban Act: bans ocean dumping of sewage sludge & industrial waste

7. National Environmental Policy Act: Environmental Impact Statements must be done before any project affecting federal lands can be started

8. Clean Air Act 1990: Set emission standards for cars, and limits for release of air pollutants

9. Kyoto Protocol: controlling global warming by setting greenhouse gas emissions targets for developed countries

10. Montreal Protocol: phase out of ozone deleting substances

11. Resource Conservation & Recovery Act: controls hazardous waste with a cradle to grave system

12. Comprehensive Environmental Response, Compensation & Liability Act: Superfund, designed to identify and clean up abandoned hazardous waste dump sites

13. Endangered Species Act: identifies threatened and endangered species and their habitats in the US, and puts their protection ahead of economic considerations

14. Convention on International Trade in Endangered Species( CITES): lists species that cannot be commercially traded as live specimens or wildlife products

15. Federal Insecticide, Fungicide, Rodenticide Act: regulates the effectiveness of pesticides

16. Food Quality Protection Act: set pesticide limits in food, & all active and inactive ingredients must be screened for estrogenic/endocrine effects

17. Low Level Radioactive Policy Act: all states must have facilities to handle low level radioactive wastes

18. Nuclear Waste Policy Act: US government must develop a high level nuclear waste site by 2015

More Information on Environmental Laws from the EPA

Major Environmental Laws

Clean Air Act (CAA)

Clean Water Act (CWA)

Emergency Planning & Community Right-To-Know Act (EPCRA)

Endangered Species Act

Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)

Freedom of Information Act (FOIA)

National Environmental Policy Act (NEPA)

Occupational Safety and Health Act (OSHA)

Oil Pollution Act of 1990 (OPA)

Pollution Prevention Act (PPA)

Resource Conservation and Recovery Act (RCRA)

Safe Drinking Water Act (SDWA)

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund)

Superfund Amendments and Reauthorization Act

Toxic Substances Control Act (TSCA)

 

  Statute                Area Covered        Key Points                           

Resource Conservation and Recovery Act (RCRA)

Hazardous and Solid Waste

Regulates the handling of wastes from “cradle to grave”: establishes rules for the handling of such waste from the time it is generated, while it is packaged, stored, while it is transported, and how it is disposed, and the disposal sites themselves

Major areas of regulation include:

--landfills

--underground storage tanks

--hazardous waste disposal

--transportation manifests

--permits to possess, treat, or dispose wastes

--recordkeeping and reporting

 

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Hazardous Waste

Sets up a fund to clean up abandoned hazardous waste sites

Establishes liability scheme for parties to collect from one another for $$ to clean up sites; EPA and others can sue to recoup cleanup $  

Sets up guidelines on how to clean up sites

EPA locates dumps and sets priorities of worst sites, known as National Priority List (NPL); Mining sites, nuclear sites, military sites (all government) plus industrial sites of all sorts

Implemented “polluter pays principle”

Oil Pollution Act (OPA)

Oil Spills

Establishes liability for oil spills; establishes fund to clean up oil spills

Mandates spill cleanup procedures

Pollution Prevention Act (PPA)

Pollutant Generation

Seeks to prevent pollution through the reduced generation of pollutants at their origin

Companies required to report toxic releases each year

EPA tests products and works with companies mostly on voluntary basis

Clean Air Act (CAA)

Air Pollutants

Requires EPA to set and enforce rules regarding:

--mobile source limits (cars)

--ambient air quality standards (smog)

--hazardous air pollutant discharge standards (what can come out of smokestacks)

--standards for new pollution sources (invent a polluting source?: talk to EPA before it can be used)

--acid rain reduction

--ozone depletion protection

EPA works with areas that don’t attain clean air standards

Endangered Species Act (ESA)

Animals and Plants

EPA makes a list of endangered and threatened species

Violation if one “harms” such a species: “harm” includes impacting environment

Hint: also remember that if question involves birds, Migratory Bird Act protects what can be done to birds

Clean Water Act (CWA)

All waters except oceans

Regulates and enforces program for discharges into U.S. waters

Regulates wetland destruction/construction

Establishes sewage treatment construction grants program

Safe Drinking Water Act (SDWA)

Groundwater, lakes, and rivers used for consumption

Establishes primary drinking water standards

Establishes groundwater protection program

Ocean Dumping Act (ODA)

Oceans

Regulates intentional disposal of materials into oceans

Emergency Planning and Community Right to Know Act (EPCRA)

Information

Requires reporting of toxic releases: the Toxic Release Inventory (TRI)

Encourages response for chemical releases

Toxic Substances Control Act (TSCA)

Chemicals

Regulates the testing and use of chemicals (amount produced, how handled, warning labels, limit uses)

Also covers the following programs:

--radon

--lead in buildings

--asbestos protection

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

Pesticides

Governs pesticide use: amount and locations

Creates a pesticide registry; bans some

  Food and Drug Administration also administers

National Environmental Policy Act (NEPA)

Study of Federal Projects Affecting Environment

Environmental Impact Statements must be filed for “major” federal actions

Only paperwork and research need be done; no other activities mandated  

Major Environmental Laws: From EPA Site

More than a dozen major statutes or laws form the legal basis for the programs of the Environmental Protection Agency (EPA). 
(More about the full text of these laws.)

National Environmental Policy Act of 1969 (NEPA); 42 U.S.C. 4321-4347
NEPA is the basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carrying out the policy.
NEPA full text | More about NEPA exit EPA

Chemical Safety Information, Site Security and Fuels Regulatory Relief Act Public Law 106-40, Jan. 6, 1999; 42 U.S.C. 7412(r)
Amendment to Section 112(r) of the Clean Air Act
Factsheets and full text

The Clean Air Act (CAA); 42 U.S.C. s/s 7401 et seq. (1970)
CAA summary | CAA full text | Guide to the CAA | CAA - US Code exit EPA

The Clean Water Act (CWA); 33 U.S.C. ss/1251 et seq. (1977)
CWA summary | CWA full text exit EPA

Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA or Superfund)
42 U.S.C. s/s 9601 et seq. (1980)
CERCLA summary | CERCLA full text exit EPA

The Emergency Planning & Community Right-To-Know Act (EPCRA); 42 U.S.C. 11011 et seq. (1986)
EPCRA summary | EPCRA full text exit EPA

The Endangered Species Act (ESA); 7 U.S.C. 136;16 U.S.C. 460 et seq. (1973) ESA summary | ESA full text exit EPA

Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); 7 U.S.C. s/s 135 et seq. (1972)
FIFRA summary | FIFRA full text exit EPA

Federal Food, Drug, and Cosmetic Act (FFDCA) 21 U.S.C. 301 et seq.
FFDCA full text exit EPA

Food Quality Protection Act (FQPA) Public Law 104-170, Aug. 3, 1996
FQPA summary and full text

The Freedom of Information Act (FOIA); U.S.C. s/s 552 (1966)
FOIA summary | FOIA full text exit EPA

The Occupational Safety and Health Act (OSHA); 29 U.S.C. 651 et seq. (1970)
OSHA summary | OSHA full text exit EPA

The Oil Pollution Act of 1990 (OPA); 33 U.S.C. 2702 to 2761
OPA summary | OPA full text exit EPA

The Pollution Prevention Act (PPA); 42 U.S.C. 13101 and 13102, s/s et seq. (1990)
PPA summary | PPA full text exit EPA

The Resource Conservation and Recovery Act (RCRA); 42 U.S.C. s/s 321 et seq. (1976)
RCRA summary | RCRA full text exit EPA

The Safe Drinking Water Act (SDWA); 42 U.S.C. s/s 300f et seq. (1974)
SDWA summary | SDWA full text exit EPA

The Superfund Amendments and Reauthorization Act (SARA); 42 U.S.C.9601 et seq. (1986)
SARA summary | SARA full text exit EPA

The Toxic Substances Control Act (TSCA); 15 U.S.C. s/s 2601 et seq. (1976)
TSCA summary | TSCA full text exit EPA

A more comprehensive list of laws (as of 1995) administered by EPA is available.

 

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