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SUMMARIES OF MAJOR ENVIRONMENTAL LAWS/REGULATIONS AND EPA LINKS

Clean Air Act Amendments of 1990

Former President Bush signed the Clean Air Act Amendments of 1990 into law on November 15, 1990. Costs for industry to comply with the 1990 Amendments are estimated between $25 and $50 billion each year. Prior to the 1990 Amendments, there were fewer than 20 regulated pollutants. Currently, the Clean Air Act regulates more than 380 pollutants. These are listed below:

> Criteria pollutants--SO2, NOx, CO, VOCs, PM-10, Lead

> New Source Performance Standards (NSPS) pollutants, including H2S, TRS, H2SO4, Mist, Fluorides, TSP

> 189 Hazardous Air Pollutants (HAPs)

> 139 Extremely Hazardous Substances (final) under the Accidental Release Program‚ ammonia, hydrogen sulfide, bromine, sulfur trioxide, others to be promulgated

> Ozone depleting substances (Class I and II), including CFCs, Halons, HCFCs, Carbon Tetrachloride (also HAP), Methyl Chloroform (also HAP), and Methyl Bromide.

All the federally applicable requirements under the 1990 Amendments (nonattainment, HAPs, stratospheric ozone, acid rain, enforcement) are integrated under the federal operating permit under Title V. The permit rule was issued on July 21, 1992 (57 Federal Register 32250) and includes minimum requirements for state programs. Once state plans are approved, companies have one year to submit their permit applications.

Under the Title V operating permit program, all air requirements for a facility will be included in one permit document. The program will be administered by state and local permitting agencies. Eventually, nearly all sources, including minor emissions sources, will be required to apply for and obtain permits under the new program. At a minimum, states must include the following requirements in their programs: permit applications, emissions monitoring data, compliance certification, permit fees, personnel and funding, and permitting authority.

EPA Office of Air and Radiation:

EPA Plain English Guide to the Clean Air Act:

Resource Conservation and Recovery Act

The Resource Conservation and Recovery Act of 1976 (RCRA) directed EPA to establish regulations that would manage the generation, transport, treatment, storage, and disposal of hazardous wastes while simultaneously ensuring the protection of human health and the environment. The statute addresses the potential for contamination from the point of waste generation to the point of final disposal or destruction.

RCRA has been amended several times, most importantly by the Hazardous and Solid Waste Amendments of 1984 (HSWA). Under HSWA, RCRA became focused on waste minimization and a national land disposal ban program. In order to accomplish these goals, the following objectives were set forth:

> Proper hazardous waste management
> Waste minimization
> Reduction in land disposal practices
> Prohibition of open dumping
> Encouragement of state authorized RCRA programs
> Encouragement of research and development
> Encouragement of recovery, recycling, and treatment alternatives.

RCRA regulations first targeted large companies, which generate the greatest portion of hazardous waste. Business establishments producing less than 2,200 pounds of hazardous waste in a calendar month (known as small quantity generators) were exempted from most of the hazardous waste management regulations published by EPA in May 1980. Under HSWA, however, EPA was directed by Congress to establish new requirements that would bring small quantity generators (those who generate between 220 and 2,200 pounds of hazardous waste per calendar month) into the hazardous waste regulatory system. EPA issued final regulations for small quantity generators on March 24, 1986.

RCRA's "cradle to grave" rules require both large and small businesses that generate hazardous waste to follow stringent requirements for storage, recordkeeping, pre-transportation, and emergency response and preparedness.

Subtitle I of the HSWA amendments addressed the problem of leaking underground storage tank (UST) systems. Subtitle I includes requirements for tank notification interim prohibition, new tank standards, reporting and recordkeeping requirements for existing tanks, corrective action, financial responsibility, compliance monitoring and enforcement, and approval of state programs. In 1986, Congress passed the Superfund Amendments Reauthorization Act, which amended Subtitle I to provide federal funds for corrective actions on petroleum releases from UST systems.

EPA Office of Solid Waste and Emergency Response

EPA Understanding the Hazardous Waste Rules: A Handbook for Small Businesses

EPA Office of Underground Storage Tanks

Comprehensive Environmental Response, Compensation and Liability Act

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) established 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. The focus is primarily on sites that were contaminated in the past, rather than those currently being contaminated. The latter sites are regulated under RCRA. Under CERCLA, a system was established for obtaining funds from potentially responsible parties (PRP’s).

Under CERCLA, anyone who has had any involvement with a hazardous waste site targeted by CERCLA could be considered a PRP and could be held responsible for all or part of the cleanup expense. Site operators, as well as hazardous waste transporters and shippers, may be required later to contribute thousands of dollars for cleanup of the disposal site used. Small businesses that ship wastes off-site for proper and legal disposal may be wise to verify the legitimacy and track record of transporters and destination disposal sites used.

EPA Office of Solid Waste and Emergency Response

EPA Superfund Information

Emergency Planning and Community Right-to-Know Act

On October 17, 1986, the Superfund Amendments and Reauthorization Act (SARA) was signed into law. Title III of SARA is also known as the Emergency Planning and Community Right-to-Know Act (EPCRA). Title III has four major parts:

> Emergency planning

> Emergency notification

> Community right-to-know

> Toxic chemical release reporting.

Emergency Planning
The emergency planning requirements are designed to develop state and local government emergency response and preparedness capabilities through better coordination and planning, especially within the local community.

Facilities subject to emergency planning requirements include those with listed extremely hazardous chemicals on-site in a quantity equal to or greater than the established threshold planning quantity (TPQ). These facilities are to notify the state and local emergency planning commissions (SERC’s) and (LEPC’s) that they are subject to the provisions of EPCRA.

Find Your Local SERC

Find Your LEPC

Emergency Notification
Facilities that have an unplanned release of any listed extremely hazardous substance or of CERCLA hazardous substances exceeding their reportable quantity must notify the state and local emergency planning commissions immediately.

National Response Center

Community Right-to-Know
The Community Right-to-Know provisions of SARA Title III are intended to increase the public's knowledge and access to information regarding the presence of hazardous chemicals in the community and releases of these chemicals into the environment.

Search Your Community

EPA Office of Pollution Prevention and Toxics Databases

Tier II Reporting Guidance

Toxic Chemical Release Reporting
Section 313 of EPCRA requires facilities to submit Toxic Chemical Release Forms (Form R) for specified chemicals. Owners and operators of certain facilities that process, manufacture, or otherwise use a listed toxic chemical in amounts exceeding threshold quantities must report emissions of such chemicals on an annual basis.
Toxics Release Inventory Reporting Materials and Guidance

Pollution Prevention Act

The Pollution Prevention Act of 1990 (PPA) was designed to promote source reduction of individual pollution sources through EPA regulations, grants to states for technical assistance programs, and establishment of a source reduction clearinghouse. This is in contrast with other laws that require the treatment, disposal, or recycling of waste after it has been produced.

EPA Office of Pollution Prevention and Toxics - Pollution Prevention

Toxic Substances Control Act

The Toxic Substances Control Act (TSCA) was enacted on October 11, 1976. TSCA now contains four titles:

> Title I--the Control of Toxic Substances
> Title II--the Asbestos Hazard Emergency Response Act
> Title III--the Indoor Radon Abatement Act
> Title IV--the Lead-Based Paint Exposure Reduction Act.

Under Title I, all chemical substances entering the U.S. (through domestic manufacture or import) are regulated based on health and environmental effects. The statute focuses on chemical raw materials rather than wastes, effluents, or emissions. Authority granted by the Act includes testing and development of chemicals at any stage--from manufacture through disposal--whether the chemicals pose a threat through direct product exposure or contamination of air, water, or soil.

TSCA is often regarded as a regulatory program affecting chemical manufacturers only. However, many provisions apply to a far broader group of industries. TSCA regulates the use of the following classes of chemicals:

> Polychlorinated biphenyls (PCBs)
> Asbestos
> Chlorofluorocarbons (CFCs)

In addition, TSCA provisions require manufacturers to provide EPA with data prior to manufacturing or importing a chemical. These "pre-manufacture notices" are designed to minimize the potential for a hazardous chemical to be improperly used either in manufacturing or by consumers.

TSCA Chemical Substance Inventory

Clean Water Act

Wastewater
Under the Clean Water Act (CWA) (1977 Clean Water Act Amendments to the 1972 Federal Water Pollution Control Act), permits must be obtained for wastewater discharges from municipal, industrial, commercial, and certain agricultural sources. This is one of the most complex compliance issues facing small businesses. If your facility discharges directly to any surface waters, you must obtain a National Pollutant Discharge Elimination System (NPDES) permit or be clearly exempted. A permit specifies the quantity and quality of all discharges. It contains effluent limitations and monitoring and reporting requirements. Permits are required to be renewed at least once every five years.

NPDES permits are not required if your facility discharges wastewater to a municipal sewer system for treatment at a publicly owned treatment works (POTW). However, these "indirect discharges" are regulated by pretreatment regulations for some industry categories under the CWA. These pretreatment requirements are intended to control concentrations of certain pollutants found in industrial wastewater that, if not controlled, may upset the POTW's treatment processes.

The effluent limitation guidelines for each industrial category are based upon the degree of reduction of a pollutant that can be achieved through the application of various levels of technology (Best Practical Technology, Best Available Technology, and Best Conventional Technology).

EPA Office of Water

Stormwater
In 1987, the CWA was amended to establish a comprehensive framework for addressing stormwater discharges under the NPDES program. In November 1990, EPA published regulations outlining NPDES permit application requirements for stormwater discharges associated with industrial activity (40 CFR Part 122).

Industries within certain industrial sectors that discharge stormwater associated with industrial activity must obtain an individual stormwater permit or obtain coverage under a promulgated stormwater general permit.

In September 1995, EPA published the industry-specific Multi-Sector General Permit to provide NPDES permit coverage to eligible facilities within 29 different industrial sectors.

NPDES Program

Safe Drinking Water Act
The 1974 Safe Drinking Water Act (SDWA) and 1986 SDWA Amendments established and strengthened drinking water regulations to protect public health and welfare. Under the 1986 SDWA Amendments, EPA established National Primary Drinking Water Regulations, including Maximum Contaminant Levels (MCLs), for contaminants in drinking water that may cause any adverse effects on the health of persons and that are known or anticipated to occur in public water systems.

On August 6, 1996, President Clinton signed the SDWA Amendments of 1996. These 1996 Amendments emphasize risk-based standard setting, monitoring relief for public water supply systems, small water supply system flexibility, and community-empowered source water protection. Major new activities mandated by the 1996 Amendments include a multi-billion dollar Drinking Water State Revolving Fund, consumer awareness, small systems technical assistance and technology development, water system capacity assurance, and operator certification programs.

EPA Office of Groundwater and Drinking Water

Safe Drinking Water Act and Amendments

Federal Insecticide, Fungicide, and Rodenticide Act

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is the primary federal statute that governs pesticides, fungicides, and rodenticides in the U.S. It is focused on registration and classification of these substances. In addition to registration requirements, the statute mandates application and use requirements.

Through later amendments to the law, users are now required to take exams for certification as applicators of pesticides. EPA must register all pesticides used in the U.S.. Registration ensures that pesticides will be properly labeled and that in accordance with specifications will not cause unreasonable harm to the environment.

EPA Office of Pesticide Programs