Environmental Statutes:

 

STATUTE

AREA OF COVERAGE

KEY POINTS

NOTES ON EXAMPLES (YOU)

Resource Conservation and Recovery Act (RCRA)

Hazardous and Solid Waste

Regulates the handling of wastes from Òcradle to graveÓ: 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 Òpolluter pays principleÓ

 

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 donÕt attain clean air standards

 

Endangered Species Act (ESA)

Animals and Plants

EPA makes a list of endangered and threatened species

 

Violation if one ÒharmsÓ such a species: ÒharmÓ 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 ÒmajorÓ federal actions

 

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