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.
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 non-point 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.
Over the years,
many other laws have changed parts of the Clean Water Act. Title I of the Great
Lakes Critical Programs Act of 1990, for example, put into place parts of the
Great Lakes Water Quality Agreement of 1978, signed by the U.S. and Canada,
where the two nations agreed to reduce certain toxic pollutants in the Great
Lakes. That law required EPA to establish water quality criteria for the Great
Lakes addressing 29 toxic pollutants with maximum levels that are safe for
humans, wildlife, and aquatic life. It also required EPA to help the States
implement the criteria on a specific schedule.
The electronic
version of the Clean Water Act (available below) is a thirtieth anniversary
snapshot of the law, as amended through the enactment of the Great Lakes Legacy
Act of 2002 (Public Law 107-303, November 27, 2002). Provided by the
Congressional Great Lakes Task Force, it is the amended law as of that
particular point in time. This electronic version annotates the sections of the
Act with the corresponding sections of the U.S. Code and footnote commentary on
the effect of other laws on the current form of the Clean Water
Act.
Introduction to the Clean Water Act
The Clean Water Act (CWA) is the cornerstone
of surface water quality protection in the United States. (The Act does not deal
directly with ground water nor with water quantity issues.) The statute employs
a variety of regulatory and non-regulatory tools to sharply reduce direct
pollutant discharges into waterways, finance municipal wastewater treatment
facilities, and manage polluted runoff. These tools are employed to achieve the
broader goal of restoring and maintaining the chemical, physical, and biological
integrity of the nation's waters so that they can support "the protection and
propagation of fish, shellfish, and wildlife and recreation in and on the
water."
For many years following the passage of CWA
in 1972, EPA, states, and Indian tribes focused mainly on the chemical aspects
of the "integrity" goal. During the last decade, however, more attention has
been given to physical and biological integrity. Also, in the early decades of
the Act's implementation, efforts focused on regulating discharges from
traditional "point source" facilities, such as municipal sewage plants and
industrial facilities, with little attention paid to runoff from streets,
construction sites, farms, and other "wet-weather" sources.
Starting in the late 1980s, efforts to
address polluted runoff have increased significantly. For "non-point" runoff,
voluntary programs, including cost-sharing with landowners are the key tool. For
"wet weather point sources" like urban storm sewer systems and construction
sites, a regulatory approach is being employed.
Evolution of CWA programs over the last
decade has also included something of a shift from a program-by-program,
source-by-source, pollutant-by-pollutant approach to more holistic
watershed-based strategies. Under the watershed approach equal emphasis is
placed on protecting healthy waters and restoring impaired ones. A full array of
issues are addressed, not just those subject to CWA regulatory authority.
Involvement of stakeholder groups in the development and implementation of
strategies for achieving and maintaining state water quality and other
environmental goals is another hallmark of this approach.
Take the “Fact or Fiction” Clean Water
Act Quiz: http://www.epa.gov/watertrain/cwa/
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 of 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 eliminations, and
other actions required to protect listed species.
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.
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.
National
Environmental Protection Act
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.
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 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 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.
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 (see CERCLA).
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.
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).
CERCLA (pronounced
SIR-cla) 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 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. In Region 5, CERCLA is administered by the Superfund Division.
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The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980. This law created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Over five years, $1.6 billion was collected and the tax went to a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites. CERCLA:
The law authorizes two kinds of response actions:
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) on October 17, 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 Superfund
Amendments and Reauthorization Act (SARA) amended the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) on October 17,
1986. SARA reflected EPA's experience in administering the complex Superfund
program during its first six years and made several important changes and
additions to the program. SARA:
SARA also required
EPA to revise the Hazard Ranking System (HRS) to ensure that it accurately
assessed the relative degree of risk to human health and the environment posed
by uncontrolled hazardous waste sites that may be placed on the National
Priorities List (NPL).
View the
National Priorities List by State: http://www.epa.gov/superfund/sites/npl/npl.htm
The Toxic
Substances Control Act (TSCA) of 1976 was enacted by Congress to give EPA the
ability to track the 75,000 industrial chemicals currently produced or imported
into the United States. EPA repeatedly screens these chemicals and can require
reporting or testing of those that may pose an environmental or human-health
hazard. EPA can ban the manufacture and import of those chemicals that pose an
unreasonable risk.
Also, EPA has
mechanisms in place to track the thousands of new chemicals that industry
develops each year with either unknown or dangerous characteristics. EPA then
can control these chemicals as necessary to protect human health and the
environment. TSCA supplements other Federal statutes, including the Clean Air
Act and the Toxic Release Inventory under EPCRA
Federal
Food, Drug, and Cosmetic Act (FFDCA)
21 U.S.C. 301
et seq.
authorizes EPA to set maximum
residue levels, or tolerances, for pesticides used in or on foods or animal
feed. FFDCA:
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The Food
Quality Protection Act (FQPA) of 1996 amended the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) and the Federal Food Drug, and
Cosmetic Act (FFDCA). These amendments fundamentally changed the way EPA
regulates pesticides. The requirements included a new safety
standard-reasonable certainty of no harm-that must be applied to all
pesticides used on foods. This web site provides background information on
FQPA's provisions and discusses some of the specific issues raised by
FQPA, as well as status of implementation of this important law.
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