| Environmental Statute
|Regulation of Chemical
| The Toxic
Substances Control Act (TSCA)
toxic substances, such as polychlorinated biphenyls (PCBs),
began appearing in the environment and in food supplies. This
prompted the federal government to create a program to assess
the risks of chemicals before they are introduced into commerce.
manufacturers, importers, or processors, must submit a report
detailing chemical and processing information for each chemical.
Extensive testing by companies may be required for chemicals
of concern. For newly created chemicals, a Premanufacturing
Notice must be submitted.
| The Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA)
all pesticides are toxic to plants and animals, they may pose
an unacceptable risk to human health and the environment. FIFRA
is a federal regulatory program whose purpose is to assess the
risks of pesticides and to control their usage so that any exposure
that my result poses an acceptable level of risk.
any pesticide can be distributed or sold in the U.S., it must
be registered with the EPA. The data is difficult and expensive
to develop and must prove that the chemical is effective and
safe to humans and the environment. Labels must be placed on
pesticide products that indicate approved uses and restrictions.
| The Occupational
Safety and Health Act (OSH Act)
|| The agency
that oversees the implementation of the OSH Act is the Occupational
Safety and Health Administration (OSHA). All private facilities
having more than 10 employees must comply with the OSH Act requirements.
must adhere to all OSHA health standards (exposure limits to
chemicals) and safety standards (physical hazards from equipment).
The OSH Act's Hazard Communication Standard requires companies
to develop hazard assessment data (material safety data sheet
(MSDS), label chemical substances, and inform and train employees
in the safe use of chemicals.
of Discharges to the Air, Water, and Soil
| Clean Air
|| The CAA
is intended to control the discharge of air pollution by establishing
uniform ambient air quality standards that are in some instances
health-based and in others, technology-based. The CAA also addresses
specific air pollution problems such as hazardous air pollutants,
stratospheric ozone depletion, and acid rain.
|| The CAA
established the National Ambient Air Quality Standards (NAAQS)
for maximum concentrations in ambient air of CO, Pb, NO2, O3,
particulate matter, and SO2. States must develop source-specific
emission limits to achieve the NAAQS. States issue air emission
permits to facilities. Stricter requirements established for
hazardous air pollutants (HAPs) and for new sources.
| Clean Water
|| The Clean
Water Act (CWA) is the first comprehensive federal program designed
to reduce pollutant discharges into the nation's waterways ("zero
discharge" goal). Another goal of the CWA is to make water
bodies safe for swimming, fishing, and other forms of recreation
("swimmable" goal). This act is considered largely
successful because significant improvements have been made in
the quality of the nation's waterways since its enactment.
|| The CWA
established the National Pollutant Discharge Elimination System
(NPDES) permit program that requires any point source of pollution
to obtain a permit. Permits contain either effluent limits or
require the installation of specific pollutant treatment. Permit
holders must monitor discharges, collect data, and keep records
of the pollutant levels of their effluents. Industrial sources
that discharge into sewers must comply with EPA pretreatment
standards by applying the best available control technology
Conservation and Recovery Act (RCRA)
|| The Resource
Conservation and Recovery Act was enacted to regulate the "cradle-to-grave"
generation, transport, and disposal of both non-hazardous and
hazardous wastes to land, encourage recycling, and promote the
development of alternative energy sources based on solid waste
must maintain records of the quantity of hazardous waste generated,
where the waste was sent for treatment, storage, or disposal,
and file this data in biennial reports to the EPA. Transporters
and disposal facilities must adhere to similar requirements
for record keeping as well as for monitoring the environment.
Emergency Panning, and Pollution Prevention
Environmental Response, Compensation, and Liability Act (CERCLA)
began a process of identifying and cleaning up the many sites
of uncontrolled hazardous waste disposal at abandoned sites,
industrial complexes, and federal facilities. EPA is responsible
for creating a list of the most hazardous sites of contamination,
which is termed the National Priority List (NPL). It was amended
by the Superfund Amendments and Reauthorization Act (SARA) of
|| After a
site is listed in the NPL, EPA identifies potentially responsible
parties (PRPs) and notifies them of their potential CERCLA liability,
which is strict, joint and several, and retroactive. PRPs are
1) present or 2) past owners of hazardous waste disposal facilities,
3) generators of hazardous waste, and 4) transporters of hazardous
| The Emergency
Planning and Community Right to Know Act (EPCRA)
|| Title III
of (SARA) contains a separate piece of legislation called the
(EPCRA). There are two main goals of EPCRA; 1) to have states
create local emergency units that must develop plans to respond
to chemical release emergencies, and 2) to require EPA to compile
an inventory of toxic chemical releases to the air, water, and
soil from manufacturing facilities.
must work with state and local entities to develop emergency
response plans in case of an accidental release. Affected facilities
must report annually to EPA data on the maximum amount of the
toxic substance on-site in the previous year, the treatment
and disposal methods used, and the amounts released to the environment
or transferred off-site for treatment and/or disposal.
Prevention Act (PPA)
|| The act
established pollution prevention as the nation's primary pollution
management strategy with emphasis on source reduction. Established
a Pollution Prevention Information Clearinghouse whose goal
is to compile source reduction information and make it available
to the public.
|| The only
mandatory provisions of the PPA requires owners and operators
of facilities that are required to file a Form R under the SARA
Title III to report to the EPA information regarding the source
reduction and recycling efforts that the facility has undertaken
during the previous year.