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This page contains brief summaries of major environmental legislation,
with links to the full text versions contained in the U.S. Code,
provided through Cornell University Law School. Use the "Contents" to
quickly access a summary or browse through the summaries. For the
complete texts of these laws, click on the highlighted title in
the summary. Links accessing a complete text at Cornell
University will open in a new window.
Contents:
Clean
Air Act (CAA)
42 U.S.C. s/s 7401 et seq. (1970)
The Clean Air Act, amended in 1977 and 1990, was established "to protect
and enhance the quality of the nation's air resources so as to promote
public health and welfare and the productive capacity of its population." CAA
authorizes the Environmental Protection Agency (EPA) to establish National
Ambient Air Quality Standards (NAAQS) to protect public health and the
environment. The CAA establishes emission standards for stationary sources,
volatile organic compound emissions, hazardous air pollutants, and vehicles
and other mobile sources. The CAA also requires the states to develop
implementation plans applicable to particular industrial sources. The
1977 amendments set new timetables and goals for achieving the NAAQS.
The 1990 amendments dealt primarily with matters which had not been fully
addressed previously, such as acid rain, ozone depletion, and tail-pipe
emissions.
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Clean
Water Act (CWA)
42 U.S.C. s/s 9601 et seq. (1977)
The Clean Water Act amended the Federal Water Pollution Control Act of
1972, and is the primary legislative vehicle for federal water pollution
control programs. The CWA was established to "restore and maintain the
chemical, physical, and biological integrity of the nation's waters." The
CWA gives EPA the authority to set effluent standards on an industry-by-industry
basis and to set water quality standards regarding contaminants in surface
waters, yet allows EPA to delegate many aspects of the law to state governments.
The CWA sets goals to eliminate discharges of pollutants into navigable
water, protect fish and wildlife, and prohibit the discharge of toxic
pollutants in quantities that could adversely affect the environment.
The CWA also provides for the construction of publicly-owned wastewater
treatment facilities; establishes waste treatment management plans within
states; establishes the technology necessary to eliminate the discharge
of pollutants; and promotes programs to help control nonpoint sources
of pollution. The CWA was reauthorized in 1987.
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Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA
or Superfund)
42 U.S.C. s/s 9601 et seq. (1980)
CERCLA provides EPA with the authority to respond to releases of hazardous
wastes (as defined by the Clean Water Act, Clean Air Act, Toxic Substances
Control Act, Solid Waste Disposal Act, and the EPA Administrator) from "inactive" hazardous
waste sites which endanger public health and the environment. It also
establishes a federal "Superfund" to finance response actions, establishes
regulations controlling inactive hazardous waste sites, and establishes
liability to recover cleanup costs.
Superfund
Amendments and Reauthorization Act (SARA)
42 U.S.C. 9601 et seq. (1986)
Emergency
Planning and Community Right-to-Know Act (EPCRA)
42 U.S.C. 11011 et seq. (1986)
SARA revises and extends CERCLA to continue Superfund activities. Title
III of SARA, EPCRA, provides for "emergency planning and preparedness,
community right-to-know reporting, and toxic chemical release reporting." Under
this law, facility owners and operators are required to provide certain
information relating to regulated substances within their facilities
to the appropriate state and local authorities so that they may be better
prepared for environmental emergencies. This law also establishes procedures
which must be followed by facility owners or operators if a hazardous
substance is released, and calls for the establishment of a multilayer
emergency planning and response network.
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Endangered
Species Act
7 U.S.C. 136; 16 U.S.C. 460 et seq. (1973)
The Endangered Species Act seeks to conserve endangered and threatened
plants, animals, and their habitats. The U.S. Fish and Wildlife Service
of the Department of the Interior is directed under this Act to promulgate
a list of endangered and threatened species and to designate critical
habitat for them. The Act requires federal agencies to carry out programs
for the conservation of listed species and must take actions to ensure
that projects they authorize, fund, or implement will not endanger these
species. Under the law, federal agencies must undertake a biological
assessment before undertaking a project to determine the impact of a
project on a listed species or its habitat. The outcome of these assessments
determines whether a project should be halted. The Act also establishes
an Endangered Species Committee to grant exemptions from the Act.
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Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA)
7 U.S.C. s/s 135 et seq. (1972)
FIFRA regulates the use and safety of pesticides within the U.S. The
Act requires that pesticides be registered by users with the EPA so that
risks may be evaluated; classifies and certifies pesticides by specific
use; restricts the use of environmentally-harmful pesticides; and provides
enforcement mechanisms. FIFRA also mandates that users take exams and
be certified as pesticide applicators.
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National
Environmental Protection Act (NEPA)
42 U.S.C. 4341 et seq. (1969)
NEPA, one of the first modern environmental laws, establishes a broad
national framework for efforts to protect the environment. This Act requires
that federal agencies assess the environmental impact of implementing
their major programs and actions early in the planning process. This
Act establishes the use of Environmental Assessments (EAs) and Environmental
Impact Statements (EISes) by federal agencies.
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Pollution
Prevention Act
42 U.S.C. 13101 and 13102, s.s 6602 et seq. (1990)
This Act encourages reductions in pollution through changes in production,
operation, and raw materials use by industry and the government. The
Act emphasizes source reduction, in which practices are adapted which
will result in less waste during the production process, reducing or
eliminating the need for "end-of-pipe" solutions.
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Resource
Conservation and Recovery Act (RCRA)
42 U.S.C. s/s 321 et seq. (1976)
RCRA addresses solid waste issues, and provides EPA with the authority
to regulate the disposal of hazardous waste; encourages the development
of solid waste management plans and nonhazardous waste regulatory programs
by the states; prohibits open dumping of wastes; regulates underground
storage tanks; and provides for a national research, development, and
demonstration program for improved solid waste management and resource
conservation techniques. RCRA provides for "cradle-to-grave" control,
from generation, transportation, treatment, storage, and disposal, of
hazardous waste, by EPA. RCRA also provides a framework for dealing with
non-hazardous wastes. RCRA was amended in 1984 to include the Hazardous
and Solid Waste Amendments, or HSWA. These amendments required the phase-out
of land disposal of hazardous waste; increased enforcement authority
for EPA; more stringent hazardous waste management standards; and provisions
to deal with underground storage tanks. RCRA was further amended in 1986
to address environmental problems caused by underground storage tanks
containing petroleum and other hazardous substances.
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Safe
Drinking Water Act (SDWA)
42 U.S.C. s/s 300f et seq. (1974)
SDWA seeks to protect sources of the nation's drinking water and to protect
public health to the maximum extent possible, using proper water treatment
techniques. SDWA establishes national primary drinking water standards
based upon maximum contaminant levels, and establishes state management
programs to enforce the standards. SDWA also establishes procedures for
the development, implementation, and assessment of demonstration programs
designed to project critical aquifer protection areas located within
areas designated as sole or principal source aquifers.
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Toxic
Substances Control Act (TSCA)
15 U.S.C. s/s 2601 et seq. (1976)
TSCA establishes the EPA's toxic substances program. Under this law,
if EPA finds that a chemical substance may present an unreasonable risk
to health or the environment and there is insufficient data to predict
the effects of the substance, manufacturers may be required to conduct
tests to evaluate the characteristics of the substance. These characteristics
can include persistence, acute toxicity, or carcinogenic effects. The
Act establishes a system for the prioritized listing of chemical substances
to be tested. Under TSCA, manufacturers must notify EPA of their intentions
to mass-produce a new chemical substance. EPA may require testing of
the substance, and can prohibit the manufacture, sale, use, or disposal
of the chemical if it finds the chemical presents an unreasonable risk
to health or the environment. EPA can also limit the amount of chemical
which can be manufactured and used. TSCA also regulates polychlorinated
biphenyls, or PCBs. In 1986, TSCA was amended to incorporate the Asbestos
Hazard Emergency Response Act to address matters relating to asbestos
products in public schools and other buildings.
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