National Environmental Policy Act of 1969 (NEPA);
42 U.S.C. 4321-4347
42 U.S.C. 4321-4347
Synopsis: NEPA is the basic national charter for
protection of the environment. It establishes policy, sets goals, and provides
means for carrying out the policy.
protection of the environment. It establishes policy, sets goals, and provides
means for carrying out the policy.
Chemical Safety Information, Site Security and
Fuels Regulatory Relief Act Public Law 106-40, Jan. 6, 1999; 42 U.S.C. 7412(r)
Fuels Regulatory Relief Act Public Law 106-40, Jan. 6, 1999; 42 U.S.C. 7412(r)
Synopsis: The purpose of this public law is to
amend Section 112(r) of the Clean Air Act to remove flammable fuels from the
list of substances with respect to which reporting and other activities are
required under the risk management plan program, and for other purposes. Under
Section 112(r) of the Clean Air Act (CAA), by June 21, 1999, certain facilities
were required to have in place a risk management program and submit a summary of
that program - called a Risk Management Plan (RMP) - to the Environmental
Protection Agency. On Aug. 5, 1999, President Clinton signed legislation that
removes from coverage by the RMP program any flammable fuel when used as fuel or
held for sale as fuel by a retail facility. The legislation also limits access
to Off-Site Consequence Analysis (OCA) data that are reported in RMPs by covered
facilities. For one year beginning Aug. 5, 1999, OCA information will not be
available to the public except in certain ways. During that one-year period, the
federal government will conduct an assessment and issue regulations governing
future public access to OCA data.
amend Section 112(r) of the Clean Air Act to remove flammable fuels from the
list of substances with respect to which reporting and other activities are
required under the risk management plan program, and for other purposes. Under
Section 112(r) of the Clean Air Act (CAA), by June 21, 1999, certain facilities
were required to have in place a risk management program and submit a summary of
that program - called a Risk Management Plan (RMP) - to the Environmental
Protection Agency. On Aug. 5, 1999, President Clinton signed legislation that
removes from coverage by the RMP program any flammable fuel when used as fuel or
held for sale as fuel by a retail facility. The legislation also limits access
to Off-Site Consequence Analysis (OCA) data that are reported in RMPs by covered
facilities. For one year beginning Aug. 5, 1999, OCA information will not be
available to the public except in certain ways. During that one-year period, the
federal government will conduct an assessment and issue regulations governing
future public access to OCA data.
Clean Air Act (CAA); 42 U.S.C. s/s 7401 et
seq. (1970)
seq. (1970)
Synopsis: 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 following criteria pollutants have been
identified: ozone, particulate matter (PM10), carbon monoxide, lead, nitrogen
dioxide, and sulfur dioxide.
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 following criteria pollutants have been
identified: ozone, particulate matter (PM10), carbon monoxide, lead, nitrogen
dioxide, and sulfur dioxide.
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 (SIPs)
applicable to appropriate industrial sources in the state.
in every state by 1975. The setting of maximum pollutant standards was coupled
with directing the states to develop state implementation plans (SIPs)
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.
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.
State Implementation Plans.
The Act requires each state to develop a state
implementation plan (SIP) to attain the NAAQS by the applicable attainment
deadlines. SIPs must be approved by the Federal Environmental Protection Agency
(EPA) as containing sufficient measures to timely attain NAAQS and meet other
requirements described below. SIPs must contain air pollution measures in
adopted, "regulatory" form within one year after approval by EPA. Upon approval
by EPA, SIP requirements can be enforced against regulated sources by EPA and by
any citizen.
implementation plan (SIP) to attain the NAAQS by the applicable attainment
deadlines. SIPs must be approved by the Federal Environmental Protection Agency
(EPA) as containing sufficient measures to timely attain NAAQS and meet other
requirements described below. SIPs must contain air pollution measures in
adopted, "regulatory" form within one year after approval by EPA. Upon approval
by EPA, SIP requirements can be enforced against regulated sources by EPA and by
any citizen.
SIP Requirements.
Among the numerous other SIP requirements are: a
mandate that the region achieve a three percent annual reduction in emissions of
ozone precursors (VOC an NOx); a requirement that new sources over 10 tons per
year of VOC or NOx, and modifications to such sources, achieve lowest achievable
emission rate and offset their emission increases by equal reductions elsewhere
in the region; transportation control measures to reduce vehicle trips; and
measures to increase average vehicle occupancy of commuters to employers of over
100 employees.
mandate that the region achieve a three percent annual reduction in emissions of
ozone precursors (VOC an NOx); a requirement that new sources over 10 tons per
year of VOC or NOx, and modifications to such sources, achieve lowest achievable
emission rate and offset their emission increases by equal reductions elsewhere
in the region; transportation control measures to reduce vehicle trips; and
measures to increase average vehicle occupancy of commuters to employers of over
100 employees.
Sanctions, Federal Implementation Plans, and
Conformity Findings.
Conformity Findings.
If the state fails to submit an approvable SIP
according to schedules in the Act, EPA is required to impose one sanction within
18 months, and a second if the failure is not cured within another six months.
The sanctions are cutoffs of federal transportation funds (with certain
exceptions) and an increased offset ratio (2:1) that would make it more
difficult for stationary sources wishing to construct or modify to obtain
required permits. In addition, EPA is required to, within two years of
disapproving the SIP, promulgate a federal implementation plan (FIP) to fill the
gap in the deficient state plan. Finally, new conformity findings, which are
required for federal approval or funding of highway and other projects, cannot
be made 120 days after SIP disapproval.
according to schedules in the Act, EPA is required to impose one sanction within
18 months, and a second if the failure is not cured within another six months.
The sanctions are cutoffs of federal transportation funds (with certain
exceptions) and an increased offset ratio (2:1) that would make it more
difficult for stationary sources wishing to construct or modify to obtain
required permits. In addition, EPA is required to, within two years of
disapproving the SIP, promulgate a federal implementation plan (FIP) to fill the
gap in the deficient state plan. Finally, new conformity findings, which are
required for federal approval or funding of highway and other projects, cannot
be made 120 days after SIP disapproval.
Motor Vehicle Emission Controls.
1970 Act required EPA to adopt emission
limitations for motor vehicles. The 1990 Amendments require EPA to adopt
regulations to achieve further reductions in emissions from motor vehicles, as
well as from other mobile sources such as locomotives. States are preempted from
adopting emission limitations for motor vehicles and certain other mobile
sources. Exception: California can adopt motor vehicle standards, and standards
for some --but not all-- other mobile sources, and other states can adopt the
California standards.
limitations for motor vehicles. The 1990 Amendments require EPA to adopt
regulations to achieve further reductions in emissions from motor vehicles, as
well as from other mobile sources such as locomotives. States are preempted from
adopting emission limitations for motor vehicles and certain other mobile
sources. Exception: California can adopt motor vehicle standards, and standards
for some --but not all-- other mobile sources, and other states can adopt the
California standards.
Hazardous Air Pollutants.
In addition to criteria pollutants, the Act
regulates 189 "hazardous air pollutants" i.e. those which can cause cancer or
other severe localized health effects due to emissions from a single facility.
EPA is required to adopt regulations mandating that new and existing sources
emitting 10 tons per year or more of such pollutants employ maximum achievable
control technology (MACT) according to specified schedules. EPA is to consider
further reductions in the future to eliminate any remaining unacceptable
residual risk.
regulates 189 "hazardous air pollutants" i.e. those which can cause cancer or
other severe localized health effects due to emissions from a single facility.
EPA is required to adopt regulations mandating that new and existing sources
emitting 10 tons per year or more of such pollutants employ maximum achievable
control technology (MACT) according to specified schedules. EPA is to consider
further reductions in the future to eliminate any remaining unacceptable
residual risk.
Clean Water Act (CWA); 33 U.S.C. s/s 121 et
seq. (1977)
seq. (1977)
Synopsis: The Clean Water Act is a 1977 amendment
to the Federal Water Pollution Control Act of 1972, which set the basic
structure for regulating discharges of pollutants to waters of the United
States.
to the Federal Water Pollution Control Act of 1972, which set the basic
structure for regulating discharges of pollutants to waters of the United
States.
The law gave EPA the authority to set effluent
standards on an industry basis (technology-based) and continued the requirements
to set water quality standards for all contaminants in surface waters. The CWA
makes it unlawful for any person to discharge any pollutant from a point source
into navigable waters unless a permit (NPDES) is obtained under the Act.
standards on an industry basis (technology-based) and continued the requirements
to set water quality standards for all contaminants in surface waters. The CWA
makes it unlawful for any person to discharge any pollutant from a point source
into navigable waters unless a permit (NPDES) is obtained under the Act.
The 1977 amendments focused on toxic pollutants.
In 1987, the CWA was reauthorized and again focused on toxic substances,
authorized citizen suit provisions, and funded sewage treatment plants (POTW's)
under the Construction Grants Program.
In 1987, the CWA was reauthorized and again focused on toxic substances,
authorized citizen suit provisions, and funded sewage treatment plants (POTW's)
under the Construction Grants Program.
The CWA provides for the delegation by EPA of
many permitting, administrative, and enforcement aspects of the law to state
governments. In states with the authority to implement CWA programs, EPA still
retains oversight responsibilities.
many permitting, administrative, and enforcement aspects of the law to state
governments. In states with the authority to implement CWA programs, EPA still
retains oversight responsibilities.
Safe Drinking Water Act (SDWA); 42 U.S.C.
s/s 300f et seq. (1974)
s/s 300f et seq. (1974)
Synopsis: 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.
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).
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).
Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA or Superfund); 42 U.S.C. s/s 9601 et
seq. (1980) Synopsis: 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:
Compensation, and Liability Act (CERCLA or Superfund); 42 U.S.C. s/s 9601 et
seq. (1980) Synopsis: 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:
established prohibitions and
requirements concerning closed and abandoned hazardous waste sites;
provided for liability of
persons responsible for releases of hazardous waste at these sites; and
established a trust fund to
provide for cleanup when no responsible party could be identified.
The law authorizes two kinds of response actions:
Short-term removals where
actions may be taken to address releases or threatened releases requiring prompt
response.
Long-term remedial response
actions that permanently and significantly reduce the dangers associated with
releases or threats of releases of hazardous substances that are serious, but
not immediately life threatening. These actions can be conducted only at sites
listed on EPA's National Priorities List (NPL).
CERCLA also enabled the revision of the National
Contingency Plan (NCP) (http://www.epa.gov/oilspill/ncpover.htm).
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 National Priorities List (NPL) (http://www.epa.gov/superfund/sites/npl/npl.htm).
CERCLA was amended by the Superfund Amendments and Reauthorization Act (SARA) (http://www.epa.gov/superfund/whatissf/sara.htm
) on October 17, 1986.
Contingency Plan (NCP) (http://www.epa.gov/oilspill/ncpover.htm).
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 National Priorities List (NPL) (http://www.epa.gov/superfund/sites/npl/npl.htm).
CERCLA was amended by the Superfund Amendments and Reauthorization Act (SARA) (http://www.epa.gov/superfund/whatissf/sara.htm
) on October 17, 1986.
Superfund Amendments and Reauthorization
Act (SARA); 42 U.S.C.9601 et seq. (1986)
Act (SARA); 42 U.S.C.9601 et seq. (1986)
Synopsis: The Superfund Amendments and
Reauthorization Act (SARA) amended the 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:
Reauthorization Act (SARA) amended the 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:
stressed the importance of
permanent remedies and innovative treatment technologies in cleaning up
hazardous waste sites;
required Superfund actions to
consider the standards and requirements found in other State and Federal
environmental laws and regulations;
provided new enforcement
authorities and settlement tools;
increased State involvement in
every phase of the Superfund program;
increased the focus on human
health problems posed by hazardous waste sites;
encouraged greater citizen
participation in making decisions on how sites should be cleaned up; and
increased the size of the trust
fund to $8.5 billion.
SARA also required EPA to revise the Hazard
Ranking System (HRS) (http://www.epa.gov/superfund/programs/npl_hrs/hrsint.htm)
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) (http://www.epa.gov/superfund/sites/npl/npl.htm).
Ranking System (HRS) (http://www.epa.gov/superfund/programs/npl_hrs/hrsint.htm)
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) (http://www.epa.gov/superfund/sites/npl/npl.htm).
Resource Conservation and Recovery Act (RCRA);
42 U.S.C. s/s 321 et seq. (1976)
42 U.S.C. s/s 321 et seq. (1976)
Synopsis: RCRA (pronounced "rick-rah") gave EPA
the authority to control hazardous waste from "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 authority to control hazardous waste from "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).
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).
Emergency Planning & Community
Right-To-Know Act (EPCRA); 42 U.S.C. 11011 et seq. (1986) Synopsis: 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.
Right-To-Know Act (EPCRA); 42 U.S.C. 11011 et seq. (1986) Synopsis: 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 SERCs were required
to divide their states into Emergency Planning Districts and to name a Local
Emergency Planning Committee (LEPC) for each district.
to appoint a State Emergency Response Commission (SERC). The SERCs 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.
officials, government and media representatives, community groups, industrial
facilities, and emergency managers ensures that all necessary elements of the
planning process are represented.
Endangered Species Act (ESA) ; 7 U.S.C.
136;16 U.S.C. 460 et seq. (1973)
136;16 U.S.C. 460 et seq. (1973)
Synopsis: 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 (FWS)
of the Department of the Interior maintains the list of 632 endangered species
(326 are plants) and 190 threatened species (78 are plants).
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 (FWS)
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.
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 limitations, and other actions required to protect
listed species.
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 limitations, and other actions required to protect
listed species.
Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA); 7 U.S.C. s/s 135 et seq. (1972) Synopsis: 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.
Rodenticide Act (FIFRA); 7 U.S.C. s/s 135 et seq. (1972) Synopsis: 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.
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.
Toxic Substances Control Act (TSCA); 15
U.S.C. s/s 2601 et seq. (1976)
U.S.C. s/s 2601 et seq. (1976)
Synopsis: 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.
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.
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.
The Marine Protection, Research, and
Sanctuaries Act (MPRSA); 33 U.S.C. 1411 et seq. (1972)
Sanctuaries Act (MPRSA); 33 U.S.C. 1411 et seq. (1972)
Synopsis: The purpose of this Act was to prevent
"unregulated dumping of material into the oceans, coastal, and other waters"
that endanger "human health, welfare, and amenities, and the marine environment,
ecological systems and economic potentialities." Within this law, the
transportation and dumping of radioactive, chemical, or biological substances
were forbidden. However, this Act also included Title III, later called the
National Marine Sanctuaries Act, which charged the Secretary of the Department
of Commerce to identify, designate, and manage marine sites based on
conservational, ecological, recreational, historical, aesthetic, scientific or
educational value within significant national ocean and Great Lake waters.
"unregulated dumping of material into the oceans, coastal, and other waters"
that endanger "human health, welfare, and amenities, and the marine environment,
ecological systems and economic potentialities." Within this law, the
transportation and dumping of radioactive, chemical, or biological substances
were forbidden. However, this Act also included Title III, later called the
National Marine Sanctuaries Act, which charged the Secretary of the Department
of Commerce to identify, designate, and manage marine sites based on
conservational, ecological, recreational, historical, aesthetic, scientific or
educational value within significant national ocean and Great Lake waters.
Under the newly created agency, the National
Oceanic and Atmospheric Administration, the Secretary of the Department of
Commerce with the approval of Congress began examining nationally significant
marine areas for possible sanctuary designation. Two years after the Act was
passed, the nation's first marine sanctuary was created to preserve the wreckage
of the USS Monitor, a Civil War ironclad, resting in 240 feet of water off North
Carolina, 16 miles off the coast of North Carolina.
Oceanic and Atmospheric Administration, the Secretary of the Department of
Commerce with the approval of Congress began examining nationally significant
marine areas for possible sanctuary designation. Two years after the Act was
passed, the nation's first marine sanctuary was created to preserve the wreckage
of the USS Monitor, a Civil War ironclad, resting in 240 feet of water off North
Carolina, 16 miles off the coast of North Carolina.
http://www.epa.gov/cludygxb/programs/nmsp.html
http://www.sanctuaries.nos.noaa.gov/natprogram/nphistory/nphistory.html#NMSact
The Uranium Mill Tailings Radiation Control
Act (UMTRCA); 42 U.S.C. 7901 (1978)
Act (UMTRCA); 42 U.S.C. 7901 (1978)
Synopsis: The UMTRCA is based on the finding that
uranium mill tailings located at active and inactive mill operations may pose a
potential and significant radiation health hazard to the public, and that the
protection of the public health, safety, and welfare and the regulation of
interstate commerce require that every reasonable effort be made to provide for
the stabilization, disposal, and control in a safe and environmentally sound
manner of such tailings in order to prevent or minimize radon diffusion into the
environment and to prevent or minimize other environmental hazards from such
tailings.
uranium mill tailings located at active and inactive mill operations may pose a
potential and significant radiation health hazard to the public, and that the
protection of the public health, safety, and welfare and the regulation of
interstate commerce require that every reasonable effort be made to provide for
the stabilization, disposal, and control in a safe and environmentally sound
manner of such tailings in order to prevent or minimize radon diffusion into the
environment and to prevent or minimize other environmental hazards from such
tailings.
The UMTRA provides for the following:
In cooperation with the
interested States, Indian tribes, and the persons who own or control inactive
mill tailings sites, a program of assessment and remedial action at such sites,
including, where appropriate, the reprocessing of tailings to extract residual
uranium and other mineral values where practicable, in order to stabilize and
control such tailings in a safe and environmentally sound manner and to minimize
or eliminate radiation health hazards to the public.
A program to regulate mill
tailings during uranium or thorium ore processing at active mill operations and
after termination of such operations in order to stabilize and control such
tailings in a safe and environmentally sound manner and to minimize or eliminate
radiation health hazards to the public.
Pollution Prevention Act (PPA); 42 U.S.C.
13101 and 13102, s/s et seq. (1990) Synopsis: 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.
13101 and 13102, s/s et seq. (1990) Synopsis: 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.
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.
Oil Pollution Act of 1990 (OPA); 33 U.S.C.
2702 to 2761
2702 to 2761
Synopsis: 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.
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.
Occupational Safety and Health Act (OSHA);
29 U.S.C. 651 et seq. (1970)
29 U.S.C. 651 et seq. (1970)
Synopsis: Congress passed the Occupational and
Safety Health Act to ensure worker and workplace safety. Its goal was to make
sure employers provide their workers a place of employment free from recognized
hazards to safety and health, such as exposure to toxic chemicals, excessive
noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions.
Safety Health Act to ensure worker and workplace safety. Its goal was to make
sure employers provide their workers a place of employment free from recognized
hazards to safety and health, such as exposure to toxic chemicals, excessive
noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions.
In order to establish standards for workplace
health and safety, the Act also created the National Institute for Occupational
Safety and Health (NIOSH) as the research institution for the Occupational
Safety and Health Administration (OSHA). OSHA is a division of the U.S.
Department of Labor that oversees the administration of the Act and enforces
standards in all 50 states.
health and safety, the Act also created the National Institute for Occupational
Safety and Health (NIOSH) as the research institution for the Occupational
Safety and Health Administration (OSHA). OSHA is a division of the U.S.
Department of Labor that oversees the administration of the Act and enforces
standards in all 50 states.
RESOURCE CONSERVATION AND RECOVERY ACT | ||
Does your facility meet the following criteria? | IF YES, then this regulation applies. | Summary |
Is your facility a generator of hazardous waste? | EPA Identification Number 40 CFR 262.12 | Within 90 days of becoming a RCRA hazardous waste generator, obtain EPA identification number and notify EPA of location and description of waste generating activities. |
Does your facility generate more than 1,000 kg of hazardous waste per month and ship wastes off-site for disposal | Hazardous Waste Manifests 40 CFR 262.20 (a)-(d) | Each shipment must be accompanied by a manifest. |
Does your facility generate more than 1,000 kg of hazardous waste per month and ship wastes off-site to a TSD facility within the U.S.? | Hazardous Waste Biennial Reporting 40 CFR 262.41 | Submit biennial hazardous waste generators report to EPA (or state) by March 1 of each even numbered year. |
Does your facility generate more than 1,000 kg of hazardous waste per month and have you not received a signed manifest from the TSD in 35 days, or was the manifest not properly executed? | Hazardous Waste Exception Reporting 40 CFR 262.42 | Contact transporter and TSD to determine status of manifest and waste shipment. If manifest is not received within 45 days, an exception report must be filed to EPA (or state). Small quantity generators have 60 days to receive a manifest before an exception report must be filed. |
Does your facility generate any wastes restricted from land disposal under 40 CFR 268 (Land Disposal Restrictions)? | Testing, Tracking and Recordkeeping Requirements for Generators, Treaters and Disposal Facilities 40 CFR 268.7(a) | Generators managing a restricted waste that does or does not meet treatment standards must submit a one-time written notice to each treatment or storage facility receiving the waste. A new notification must be sent when there is a change in the waste or facility. Submit a one-time notice to the receiving facility if the waste is not prohibited from land disposal because of an extension, exception or variance. |
Does your facility generate more than 1,000 kg of hazardous wastes per month and do you store hazardous wastes for up to 90 days? | Accumulation Time 40 CFR 262.34 | Maintain the following records at the facility to store hazardous wastes on site for up to 90 days without obtaining a permit: - written description of procedures to ensure that waste remains in the unit for no more than 90 days, written description of the waste generation and management practices for the facility showing that they are consistent with the 90-day storage limit, and documentation that the procedures are complied with, OR - documentation that the unit is emptied every 90 days. |
Do you treat, store or dispose hazardous waste at your facility and has there been a release, fire, or explosion that could threaten human health, or the environment outside the facility? | Emergency Procedures 40 CFR 265.56 | Notify either the government official designated as the on-scene coordinator for the geographic area or the National Response Center (800-424-8802). If evacuation from the local area is advisable, notify appropriate local authorities. |
Are there hazardous waste storage tanks or container storage areas at your facility? | Inspections 40 CFR 265.195(c) | Document inspections of hazardous waste tanks and container storage areas. |
Has there been a release, greater than one pound, of hazardous waste from a tank to the environment? | Notifications, Reports 40 CFR 265.196(d) | Report to the EPA Region Administrator within 24 hours of detection. |
Does your facility have underground storage tanks or do you plan to install any underground storage tanks that are equipped with cathodic protection? | Operation and Maintenance of Corrosion Protection 40 CFR 280.31(d) Reporting and Recordkeeping 40 CFR 280.34(b) Release Detection Recordkeeping 40 CFR 280.45 | Maintain records of operation of cathodic protection in accordance with 40 CFR 280.34. Records must provide: 1) results of last 3 inspections (for impressed current) 2) results of testing from the last 2 inspections (for all USTs) Maintain the following: 1) a corrosion expert's analysis of site corrosion potential if corrosion protection equipment is not used 2) documentation of operation of corrosion protection equipment 3) documentation of UST system repairs 4) recent compliance with release detection requirements The following release detection records must be maintained: 1) all written performance claims pertaining to any release detection system used 2) results of any sampling, testing or monitoring must be maintained for 1 year. Tank tightness testing results must be retained until the next test is conducted 3) written documentation of all calibration, maintenance and repair of release detection equipment must be maintained for at least 1 year after the servicing work is completed. |
Has the facility completed permanent closure or change-in-service of an UST? | UST Closure Records 40 CFR 280.74 | Maintain records of the results of the site investigation for 3 years. |
Does your facility own or operate a UST containing petroleum? | Financial Responsibility Recordkeeping 40 CFR 280.111 | Maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility. |
Has your facility brought a UST into service? | Initial Notification 40 CFR 280.22 | Within 30 days, submit a Notification for Underground Storage Tanks Form to the agency or department designated in Appendix II to 40 CFR Part 280. |
Do you suspect a release from a UST system? | Reporting of Suspected Releases 40 CFR 280.50 | Report any suspected release to the appropriate agency within 24 hours. Conditions which require reporting include: 1) the discovery of regulated substances released at the UST site or in the surrounding area. 2) unusual operating conditions (for example, sudden loss of product). If the system equipment is found to be defective and is immediately repaired or replaced, reporting is not required. 3) monitoring results which indicate that a release may have occurred. Reporting is not required if the release detection monitoring device is found to be defective and is immediately repaired or replaced, and if additional monitoring does not confirm the initial result. |
Was an underground storage tank overfilled or did a spill occur? | Reporting of Spills and Overfills 40 CFR 280.53 | Report to implementing agency (state or EPA) within 24 hours of: 1) spills and overfills of petroleum resulting in a release in excess of 25 gallons, or that cause a sheen on nearby surface waters 2) spills or overfills of a hazardous substance that result in a release that equals or exceeds its reportable quantity under CERCLA (these spills must be reported immediately) 3) spills or overfills of less than 25 gallons of petroleum and less than the reportable quantity for a hazardous substance must be contained and cleaned up within 24 hours. If cleanup can not be accomplished within 24 hours, the owner must immediately notify the implementing agency. |
Has a release from a UST been confirmed? | Initial Response Reporting 40 CFR 280.61 | Report the release to the implementing agency within 24 hours of the release or other time period specified by the agency. A report summarizing the initial abatement steps taken and any resulting information or data must be submitted to the implementing agency within 20 days of release confirmation or within another time period specified by the agency. Within 45 days of release confirmation, or other time period determined by the implementing agency, submit initial site characterization information to the implementing agency. |
Has a spill, overfill or release resulted in free product? | Free Product Removal Reporting 40 CFR 280.64 | Remove free product to the greatest extent practical. Within 45 days after confirming a release, or other time period specified by the implementing agency, submit a report to the agency that includes information regarding removal of free product. |
Has a release occurred from a UST? | Investigation for Soil and Groundwater Cleanup Reporting 40 CFR 280.65 | Conduct soil and groundwater investigations in the area of the release, the release site, and the surrounding area possibly affected by the site to determine the extent of contamination. Submit information collected from the investigation as soon as practical or in accordance with a schedule established by the agency. |
Has the agency required you to submit a corrective action plan or has the agency established a corrective action plan? | Corrective Action Plan Reporting 40 CFR 280.66 | Owners and operators may be required to submit a corrective action plan for contaminated soil and groundwater. Typically, the schedule and format for the plan will be established by the implementing agency, or owners/operators may voluntarily submit the corrective action plan. Upon plan approval and implementation, results must be reported in accordance with the agency-specified schedule and format. Owners/operators may begin soil and groundwater cleanup before approval of the corrective action plan after notifying the agency of their intention and must comply with any conditions imposed by the agency. All self-initiated measures must be included in the corrective action plan submitted to the agency for approval. |
Does your facility plan to permanently close or perform a change-in-service of a UST? | Permanent Closure/Change-in-Service 40 CFR 280.70 | Notify the implementing agency 30 days before beginning activities, unless such action is in response to corrective action associated with any release from the UST. |
Do own or operate a petroleum UST at your facility and have you confirmed a release, spill or overflow? | Financial Responsibility Reporting 40 CFR 280.110 | Submit evidence of financial responsibility to the director of the implementing agency within 30 days. |
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SAFE DRINKING WATER ACT | ||
Does your facility meet the following criteria? | IF YES, then this regulation applies. | Summary |
Does your facility operate a public water system (provide to the public piped water for human consumption, if it has at least 15 service connections or regularly serves an average of at least 25 individuals daily for at least 60 days out of each year)? | Reporting Requirements 40 CFR 141.313(a) | Within the first 10 days following the month in which analytical results are received, or within the first 10 days after the end of the required monitoring period stipulated by the state, whichever is shorter, report to the state the results of any test measurement or analysis required, unless a state lab performs the analysis and reports the results to the office that would typically receive notification from the supplier. |
Does your facility operate a public water system and are you aware of failure to comply with any national primary drinking water regulation (including failure to comply with monitoring requirements)? | Reporting Requirements 40 CFR 141.31(b) | Report within 48 hours to the state. |
Does your facility operate a public water system and have you distributed, published, posted, and/or made available a public notification? | Reporting Requirements 40 CFR 141.31(c) | Within 10 days of completion of the public notification to the persons served by the system and/or the media, submit a representative copy to the state. |
Does your facility operate a public water system? | Public Notification 40 CFR 141.32 | Give notice to the persons served in the following cases (type of notification and applicable timeframes are indicated by SDWA): 1) any failure to comply with a maximum contaminant level (MCL) treatment technique, or testing procedure required by a national primary drinking water regulation 2) any failure to comply with any monitoring required pursuant to section 1445 of the SDWA 3) existence of a variation or exemption 4) any failure to comply with the requirements of any schedule prescribed pursuant to a variance or exemption |
Are you an owner or operator of a public water system? | Record Maintenance 40 CFR 141.33 | Retain the following records on the premises or at a nearby convenient location: 1) records of bacteriological analyses conducted pursuant to SDWA for at least 5 years 2) records of chemical analyses conducted pursuant to SDWA for at least 10 years 3) records of action taken to correct violations of primary drinking water regulations for at least 3 years after the last action taken 4) copies of written reports, summaries, or communications relating to sanitary surveys of the system for at least 10 years after completing the survey 5) records concerning a variance or exemption granted to the system for at least 5 years following the expiration of the variance or exemption |
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COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT | ||
Does your facility meet the following criteria? | IF YES, then this regulation applies. | Summary |
Do you have knowledge of a release of a hazardous substance into the environment in a quantity equal to or exceeding its reportable quantity? Hazardous substances and their reportable quantities are listed in 40 CFR 302.4 | Notification Requirements 40 CFR 302.6 | Upon having knowledge of a release of a hazardous substance into the environment equal to or exceeding its reportable quantity, immediately notify the National Response Center at (800) 424-8802. Additional reporting and notifications are required for continuous releases under CERCLA (40 CFR 302.8) A written notification must be made to the appropriate EPA Regional Office within 30 days of the initial telephone notification. |
Are you an owner/operator of a facility where hazardous substances were stored, treated, or disposed of and the facility has not been issued a permit or interim status under RCRA | CERCLA Section 103(a) | You should have notified EPA by June 9, 1981 of the existence of the facility as well as the amount and type of any hazardous substance found, and any known, suspected, or likely releases of such substances. |
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT | ||
Does your facility meet the following criteria? | IF YES, then this regulation applies. | Summary |
Are there extremely hazardous substances at your facility in amounts equal to or greater than their threshold planning quantities (TPQ)? A list of EHSs and their TPQs is located in Appendix A and B of 40 CFR 355. | Emergency Planning Notification 40 CFR 355.30 | Within 60 days, notify the state emergency response commission (SERC) that an extremely hazardous substance (EHS) in excess of the TPQ is at the facility. Notify the local emergency planning committee (LEPC) of your facility's representative who will participate as the emergency coordinator in the emergency planning process. Promptly notify the LEPC of any relevant changes at the facility as they occur or are expected to occur. Provide information the LEPC requests for developing and implementing the emergency plan. |
Has there been a release of a listed hazardous substance in excess of the reportable quantity that results in exposure to persons off site? | Emergency Release Notification 40 CFR 355.40 | Immediately notify the SERC and LEPC. Also notify the LEPC of any area and the SERC of any state likely to be affected by the release. Substances subject to the notification include: 1) CERCLA hazardous substances 2) a release of a reportable quantity of an EHS Reportable quantities are listed in Appendix A and B of 40 CFR 355. As soon as possible after the immediate notification, you must also provide to the SERC and LEPC a written follow-up emergency notice. |
Is there a continuous release of a listed hazardous substance at your facility? | Continuous Release 40 CFR 302.8 | The following notifications must be given: 1) initial telephone notification to the National Response Center 2) Initial written notification to the EPA regional office within 30 days of initial telephone notification 3) follow-up notification within 30 days of the first anniversary date of the initial written notification. Submit annual re-evaluation within 30 days of the anniversary date of the initial written notification, and document (notify appropriate EPA Regional Office only if changes in any information previously submitted). 4) notification of a change in the composition of source(s) of the release or in the other information submitted in the initial written notification of the release within 30 days 5) initial telephone notification of "new" release if there is change in composition or source of release, immediately as there is sufficient basis to assert the "new" release is continuous and stable in quantity and rate 6) immediate telephone notification of statistically significant increase in release to NRC, and appropriate SERCs and LEPCs (written follow-up emergency notification under EPCRA also required) |
Are any OSHA hazardous chemicals present at your facility? | Community RTK--MSDS Reporting 40 CFR 370.21 | Facilities required to have MSDSs under the OSHA hazard communication standard (HCS) are also required to submit this information. The thresholds for reporting hazardous chemicals are: - hazardous chemicals (poses a physical or health hazard) in amounts greater than 10,000 lbs. - extremely hazardous substances (EHS) present in amounts greater than or equal to 500 lbs or the TPQ, whichever is lower. Within 3 months, submit copies of the MSDSs or a list of hazardous chemicals to the SERC, LEPC and the local fire department. If MSDSs are submitted, a new MSDS must be submitted to the LEPC within 3 months after the information is available. |
Is your facility required to prepare/have an MSDS under OSHA, 29 CFR 1910.1200? | Community RTK--Inventory Reporting 40 CFR 370.25 | Prepare and submit to the SERC, LEPC and local fire department (LFD), an emergency and hazardous chemical inventory form (Tier I or Tier II). The hazardous chemicals that must be listed and the threshold levels are the same as those for which an MSDS is required. Tier I must be submitted annually by March 1. If requested by the SERC, LEPC or LFD, submit a Tier II, which includes more detailed information. You may submit a Tier II instead of a Tier I. SERCs, LEPCs and LFDs usually prefer the Tier II. |
Does your facility have 10 or more full-time employees and use more than 10,000 lbs of any of the 300 listed toxic chemicals (e.g., creosote, pentachlorophenol, CCA)? Chemicals are listed in 40 CFR 372.65(a). | Toxic Release Inventory 40 CFR 372.10; 372.22 | Submit annual report to the EPA and state on amounts of more than 300 listed toxic chemicals released into the environment routinely or as a result of an accident. These reports (known as the Form R) are due by July 1 of each year. This regulation applies to facilities that are in SIC Codes 20-39 and manufacture, process or use a toxic chemical in excess of its threshold reporting quantity during the calendar year. |
Is your facility in SIC codes 20 - 39 and manufacture, import or process a listed toxic chemical which is sold or distributed in a mixture or trade name product containing the listed chemical to either a facility that must report under Section 313 or a facility that in turn sells the same mixture or trade name product to a firm in SIC codes 20 - 39? | Notification about Toxic Chemicals 40 CFR 372.45 | Supplier notification must be provided annually in writing and with the first shipment of each calendar year. Whenever suppliers' products contain newly listed toxic chemicals, suppliers must notify customers with the first shipment made during the next calendar year following EPA's final decision to add the chemical to the list. Suppliers must send a new notice to customers within 30 days when they discover that their previous notification did not properly identify the listed toxic chemical(s) in the mixture or correctly indicate their percentage by weight. Suppliers must send a revised notice to their customers when they change a mixture or trade name product by adding, removing or changing the percentage by weight of a listed chemical. The notice must be sent with the first shipment of changed mixture or trade name product. |
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CLEAN WATER ACT | ||
Does your facility meet the following criteria? | IF YES, then this regulation applies. | Summary |
Has there been a discharge of oil from your facility? | Discharge of Oil Notification 40 CFR 110.6 | Immediately notify the National Response Center at (800) 424-8802 (in Washington, D.C. metro area, call 202-426-2675). If direct reporting to the NRC is not possible, reports may be made to the Coast Guard or EPA on-scene coordinator for the geographic area where the discharge occurs. |
Is the facility located onshore/offshore and has it discharged, or could it reasonably be expected to discharge oil in harmful quantities into navigable waters of the U.S. or adjoining shorelines? | Spill Prevention Control and Countermeasure Plan 40 CFR 112.3; 112.7 | An onshore or offshore facility must prepare a Spill Prevention Control & Countermeasure (SPCC) Plan if it: (1) was in operation on or before August 16, 2002, must maintain its Plan, but must amend it, if necessary to ensure compliance, by February 17, 2006, and must implement the amended Plan as soon as possible, but not later than August 18, 2006; (2) becomes operational after August 16, 2002, through August 18, 2006, and could reasonably be expected to have a discharge, must prepare and implement a Plan by August 18, 2006; and (3) becomes operational after August 18, 2006, and could reasonably be expected to have a discharge, must prepare and implement a Plan before it begins operations. An onshore or offshore mobile facility must amend its Plan, if necessary, and implement such amendments by August 18, 2006. This requirement does not apply to facilities that have an underground buried storage capacity of less than 42,000 gallons of oil, and that have an aboveground storage capacity of less than 1320 gallons of oil (provided that no single aboveground container is in excess of 55 gallons). The SPCC Plan must be reviewed at least every 5 years and must be amended as a result of specified facility changes. |
Has there been a discharge of greater than 1,000 gallons of oil into navigable waters or shorelines, or has a discharge in harmful quantities occurred in 2 spill events within any 12 month period? | Amendment of SPCC Plans by Regional Administrator 40 CFR 112.4(a) | Submit to the EPA Regional Administrator and state agency in charge of water pollution control within 60 days information regarding the spill required by 40 CFR 112.4(a). |
Does your facility have an SPCC Plan and has there been a discharge of greater than 1,000 gallons of oil into navigable waters or shorelines, or has a discharge in harmful quantities occurred in 2 spill events within any 12 month period? OR Have there been changes in facility design, construction, operation, and/or maintenance that affect the facility's probability to discharge oil. | SPCC Plan 40 CFR 112.4; 112.5(a) | Amend the SPCC Plan within six months, and implement as soon as possible, but not later than six months following preparation of the amendment. |
Is your facility a non-transportation-related onshore facility that, because of its location, could reasonably be expected to cause "substantial harm" to the environment by discharging oil into or on navigable waters or adjoining shorelines? | Facility Response Plans 40 CFR 112.20 | The facility can be expected to cause "substantial harm" if: 1) the facility transfers oil over water to or from vessels and has a total oil storage capacity greater than or equal to 42,000 gallons; or, 2) the facility's total oil storage capacity is greater than or equal to 1,000,000 gallons. Prepare a Facility Response Plan consistent with the requirements of the National Oil Hazardous Substance Pollution Contingency Plan (40 CFR 300) and applicable area contingency plans prepared under Section 311(j)(4) of the Clean Water Act. Plans should be reviewed annually. |
Is your facility a non-transportation-related onshore facility that is not expected to cause substantial harm to the environment? | Certification for Facilities that Do Not Pose Substantial Harm 40 CFR 112 Appendix C | Complete and maintain the "Substantial Harm Criteria" form in the SPCC Plan. The form is located in Attachment C-II of 40 CFR 112, Appendix C. |
Has there been a discharge of a designated hazardous substance in excess of its reportable quantity from your facility into navigable waters of the U.S.? A list of designated substances and their reportable quantities is located in 40 CFR 117.3. | Notice of Discharge of a Reportable Quantity 40 CFR 117.21 | Immediately notify the appropriate agency of the U.S. Government of the discharge in accordance with the procedures in 33 CFR 153.203. |
Does your facility plan to discharge industrial wastewater into U.S. waters? | Time to Apply 40 CFR 122.21(c) | Submit a NPDES permit application to the EPA (or state) at least 180 days before the date on which the discharge is to commence, unless permission for a later date has been granted by the Director. Permit applications must be submitted 90 days before construction activities including clearing, grading and excavation resulting in disturbance of more than 5 acres. Submit permit renewal applications at least 180 days before the permit's expiration date. |
Does your facility discharge, or plan to discharge stormwater associated with industrial activity? | Application Requirements for Stormwater Associated with Industrial Activity 40 CFR 122.26(c) | Apply for one of the following types of NPDES stormwater permits: individual permit; permit through group application; general permit. |
Does your facility directly discharge industrial wastewater into U.S. waters? | National Pollutant Discharge Elimination System 40 CFR 122.41(l)(4) | Report monitoring information on Discharge Monitoring Reports (DMRs) at intervals specified In the NPDES permit. |
Are you aware of any noncompliance with your facility's NPDES permit that may endanger health or the environment | Twenty-Four Hour Reporting 40 CFR 122.41(l)(6)(i) | Report to the EPA (or state) noncompliance information within 24 hours of becoming aware of the circumstances. A written submission must be provided within 5 days. |
Does your facility have an NPDES permit and are you aware of an upset which exceeds any effluent limitation in the permit? | Twenty-Four Hour Reporting 40 CFR 122.41(l)(6)(ii)(B) | Report to the EPA (or state) within 24 hours of becoming aware of the upset. A written submission must be provided within 5 days. |
Does your facility have a NPDES permit and are you aware of a violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours? | Twenty-Four Hour Reporting 40 CFR 122.41(l)(6)(ii)(C) | Report to the EPA (or state) within 24 hours of becoming aware of the violation. A written submission must be provided within 5 days. |
Did your facility have an unanticipated bypass (diversion of waste streams from a part of treatment)? | Bypass 40 CFR 122.41(m)(3)(I) | Report to the EPA (or state) an unanticipated bypass within 24 hours of becoming aware of the bypass. A written submission must be provided within 5 days. |
Does your facility have an NPDES permit and are you aware of an "anticipated bypass" | Bypass 40 CFR 122.41(m)(3) | Submit to the EPA (or state) prior notice, if possible, at least 10 days before the date of the bypass. |
Does your facility have an NPDES permit and have there been any "other" instances of noncompliance not reported in a DMR or 24 hour report? | Other Noncompliance 40 CFR 122.41(l)(7) | Report noncompliance at the time monitoring reports are submitted in a noncompliance report, and include the information required by 24 hour notice reporting [40 CFR 122.41(l)(6)(i)] |
Have you become aware that your facility failed to submit any relevant facts in a NPDES permit application or submitted incorrect information in a permit application or in any report? | Other Information 40 CFR 122.41(l)(8) | Promptly submit facts or information to the EPA (or state). |
Are there any planned physical changes to your NPDES-permitted facility? | Planned Changes 40 CFR 122.41(l)(1) | Notify EPA (or state) as soon as possible of any planned physical changes which may change the nature or quantity of pollutants discharged or results in a change in sludge use or disposal practices, or results in a new source. |
Do you anticipate noncompliance with your facility's NPDES permit? | Anticipated Noncompliance 40 CFR 122.41(l)(2) | Give advance notice to the EPA (or state) of any planned changes in the facility or activity that may result in noncompliance with permit requirements. |
Are you a manufacturing, commercial, mining or silvicultural discharger? | Existing Manufacturing, Commercial, Mining, and Silvicultural Dischargers 40 CFR 122.42(a) | Notify EPA (or state) as soon as you "know or have reason to believe" that any activity has occurred or will occur that will result in a discharge of any toxic pollutant, not limited in the NPDES permit, above specified notification levels |
Does your facility have an NPDES permit for discharge of stormwater associated with industrial activity? | Stormwater Discharges 40 CFR 122.44(I)(4)(ii) | Maintain record of required annual inspection and certification that the facility is in compliance with the plan and permit, and of any incidents of noncompliance. Facilities covered under general permits must have developed Stormwater Pollution Prevention Plans. |
Has your facility's production level increased and do you have alternate production-based limits in your NPDES permit? | Production-based Limitations 40 CFR 122.45(b)(2)(ii)(B) | Notify the Director (or state) at least 2 business days prior to a month in which the facility will operate at a level higher than the lowest production level identified in the permit. |
Is your facility covered by a NPDES permit and does your facility use, manufacture, store, handle, or discharge any listed toxic or hazardous pollutant under the Clean Water Act? | Best Management Practices for Pollutant Dischargers 40 CFR 125.104 | Your facility is subject to best management practices (BMP) program requirements for all activities that may result in significant amounts of those pollutants reaching U.S. water. Listed toxic pollutants are in Section 307 and listed hazardous substances and reportable quantities are located in Section 311. Develop a written BMP program for the facility. |
Does your facility discharge industrial wastewaters or stormwater to a sanitary sewer and route to a Publicly Owned Treatment Works (POTW)? | Pretreatment Standards 40 CFR 403 | Obtain permit if necessary from POTW and comply with national pretreatment standards. Notify POTW of all discharges that could "cause problems to the POTW", including slug loadings [40 CFR 403.12(f)]. |
Does your facility discharge industrial wastewater or stormwater to a POTW and is your facility subject to New Categorical Pretreatment Standards? | Reporting Requirements for POTWs and Industrial Users 40 CFR 403.12(b)(6) | Within 180 days of a new Categorical Pretreatment Standard or an EPA determination of the applicability of a category to an indirect discharger or 90 days prior to commencement of discharge by a new source, dischargers must submit a Baseline Monitoring Report (BMR) to the Control Authority (or POTW). |
Is your facility an industrial user subject to a Categorical Pretreatment Standard? | Reporting Requirements for POTWs and Industrial Users 40 CFR 403.12(e) | Submit periodic sampling and analysis reports to the Control Authority on continued compliance in June and December of each year, unless Pretreatment Standards or the Control Authority requires more frequent submissions |
Are you a New Source that has commenced discharge to a POTW or has the EPA established a new Categorical Pretreatment Standard? | Reporting Requirements for POTWs and Industrial Users 40 CFR 403.12(d) | Within 90 days of the final compliance date for Categorical Pretreatment Standards or, for New Sources, 90 days following commencement of discharge of wastewater to the POTW, submit to the Control Authority (or POTW) a 90-day compliance report containing current monitoring results of the monitoring information submitted in the Baseline Monitoring Report (BMR). |
Is your facility an industrial user of a POTW and will there be a "substantial change" in the volume or character of pollutants in the discharge? | 53 Fed Reg. 40600 (1988) and 40 CFR 403.12(j) | Promptly notify the POTW in advance of the "substantial change". Only changes expected to occur "on a regular or routine basis over an extended period of time (3 months or more)" need to be reported. |
Does your facility discharge any amount of RCRA "acute" hazardous waste or more than 15 kilograms of any RCRA hazardous waste per calendar month to a POTW | POTW Pretreatment Standards 40 CFR 403.12(p) 53 Fed Reg 40600 (1988) | Report in writing to the POTW, EPA and applicable state hazardous waste authorities within 180 days of the initial discharge the following: 1) name of hazardous waste discharged 2) type of discharge, i.e., continuous or batch 3) EPA hazardous waste ID number Additional information is required to be reported by dischargers of over 100 kilograms of hazardous waste per month. In the case of new regulations identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, provide similar notification within 90 days. |
Does your facility discharge to a POTW and are you aware of violating a Categorical Pretreatment Standard (through upset or bypass)? | Pretreatment Standards 40 CFR 403.12(g)(2) and .16(c)(3) | Report to the POTW within 24 hours of becoming aware of the violation. The initial notification may be oral and must be followed up with a written notification within 5 days. Repeat the sampling and analysis and submit the results of the repeat analysis to the Control Authority (or POTW) within 30 days after becoming aware of the violation. |
Does your facility discharge to a POTW and do you anticipate that a bypass will occur? | Bypass 40 CFR 403.17(c)(1) | Submit a notice to the Control Authority (or POTW) of an anticipated bypass at least 10 days prior, if possible. |
Does your facility discharge to a POTW and are you aware of an "unanticipated bypass"? | Bypass 40 CFR 403.17(c)(2) | Within 24 hours of becoming aware of an unanticipated bypass that exceeds applicable pretreatment standards, orally report to the Control Authority, and follow-up with a written submission within 5 days. |
Does your facility discharge to a POTW but is not covered by Categorical Pretreatment Standards | Discharge Reports 40 CFR 403.12(h) | Noncategorical dischargers must submit to the Control Authority (or POTW) a discharge report every six months in a form and on dates specified by the control authority. The reports must include a description of the nature, concentrations, and flow of the pollutants required to be reported and be based on sampling and analysis performed during the reporting period. |
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CLEAN AIR ACT | ||
Does your facility meet the following criteria? | IF YES, then this regulation applies. | Summary |
Are there regulated substances above specified threshold quantities for the Accidental Release Prevention Program under the Clean Air Act? The list of regulated chemicals was published in the Federal Register on January 31, 1994. | Chemical Accidental Release Prevention 40 CFR 68.30 | Develop a Chemical Accidental Release Prevention Program for your facility by June 21, 1999 or within 3 years after the material is listed. |
Are you required to have Continuous Emission Monitoring Systems? | New Source Performance Standards 40 CFR 60.7 | Maintain operating records, and records of startup, shutdown, and any malfunctioning of the facility's air pollution control equipment. Provide written notification: 1) within 30 days of date construction or reconstruction is commenced 2) within 60 days of the anticipated initial start date 3) within 15 days of the actual startup date 4) of any physical or operation change to an existing facility that may increase the emission rate of a regulated pollutant within 60 days, or as soon as possible, before the change is commenced 5) within 30 days prior to a continuous emission monitoring performance demonstration 6) 30 days prior to the anticipated date of opacity observations Submit a report of excess emissions, as defined in applicable portions of the regulations, by the 30th day of the end of each calendar quarter. |
Does your facility fit under an industry category required to meet maximum achievable control technology (MACT)? | Hazardous Air Pollutants 40 CFR 63 | Meet specific required reporting, monitoring and recordkeeping requirements. |
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FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT | ||
Does your facility meet the following criteria? | IF YES, then this regulation applies. | Summary |
Do your operations include pesticide application using restricted use pesticides? | Pesticide Applicator Certification 40 CFR 171.4; 171.11 | Obtain applicator certification or conduct pesticide applications by a person supervised by a certified applicator. A list of restricted use pesticides is included in 29 CFR 152.175. Recertification must be completed every 3 years. Firms employing certified commercial applicators must maintain at their principal place of business accurate records of the use of restricted use pesticides. |
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TOXIC SUBSTANCES CONTROL ACT | ||
Does your facility meet the following criteria? | IF YES, then this regulation applies. | Summary |
Are you a manufacturer or importer of a "new chemical substance" | Premanufacture Notification - Notice Form 40 CFR 720.40 and Commencement of Manufacture or Import 40 CFR 720.102 | Submit a premanufacture notice (PMN) to EPA at least 90 days prior to manufacture or importation. Certain substances (e.g., pesticides, food) and activities (e.g., research and development, test market, low volume) are exempted from PMNs. If you become aware of new information during the review period related to the PMN, that information must be submitted within 10 days of receiving the new information and at least 5 days before the end of the 90-day review period. If the new information becomes available during the last 5 days, immediately notify EPA by telephone. Within 30 days of manufacture or importation, submit notice of commencement of manufacture or import (NOC) to EPA. |
Are you a manufacturer or importer of a chemical substance (listed in 40 CFR 721, Subpart E) for which a "significant new use" is planned? | Significant New Uses of Chemical Substances - Notice Requirements and Procedures 40 CFR 721.25(a) | Submit significant new use notice (EPA Form 7710-25) to EPA at least 90 days prior to manufacture or process of the chemical substance. |
Are there PCB transformers at your facility, including those in storage for reuse? | PCBs Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions 40 CFR 761.30(a)(1)(vi)(A) | Register all PCB transformers with the EPA, National Programs Division by December 28, 1998, or within 30 days of discovering a PCB transformer. |
Are there PCB transformers in a commercial building or within 30 meters of a commercial building? | PCBs Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions 40 CFR 761.30(a)(1)(vii) | You should have registered all PCB transformers with the building owner by December 1, 1985. |
Has a PCB transformer been involved in a fire-related incident? | PCBs Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions 40 CFR 761.30(a)(1)(xi) | Notify the National Response Center (1-800-424-8802) immediately. |
Has there been a spill of PCBs (with concentration >50 ppm)? | Requirements for PCB Spill Cleanup 40 CFR 761.125(a)(1)(i) | Within 24 hours of discovery, report spills contaminating surface waters, sewers, drinking water supplies, animal grazing lands, or vegetable gardens to the appropriate EPA Regional Office (Pesticides and Toxic Substance Branch). Spills of more than 1 pound contaminating other areas must be reported within 24 hours to the appropriate Regional Office. |
Has there been a PCB spill cleanup at your facility? | Requirements for PCB Spill Cleanup 40 CFR 761.125(c)(5) | Maintain records of decontamination for PCB spill cleanup for 5 years from the date of the spill. Specific content required is dependent upon whether amount of PCB spilled was less than one pound, or equal to or greater than one pound. |
Is your facility a commercial storer, transporter or disposer of PCB waste? | Notification of PCB Waste Activity (EPA Form 7710-53) 40 CFR 761.205(a)(5) | Before engaging in PCB waste handling activities, notify EPA of your PCB waste activities by filing EPA Form 7710-53 "Notification of PCB Waste Activity Form" with EPA. |
Is your facility a commercial storer or disposer of PCB waste? | Disposers and Commercial Storers of PCB Waste 40 CFR 761.180(b)(3) | Submit annual PCB report to the Regional Administrator of the EPA Region in which the facility is located by July 15 each year. |
Does your facility generate PCB waste and is your facility used for storage of PCB items designated for disposal, or use storage containers for liquid PCBs which are larger than shipping containers required by the Department of Transportation for liquid PCB transportation? | Notification of PCB Waste Activity (EPA Form 7710-53) 40 CFR 761.205(c)(2)(iii) | Notify EPA and receive an EPA identification number. Submit a separate notification to EPA for each storage facility and EPA will assign a unique EPA identification number to each facility. |
Is your facility sending PCB waste to a commercial off-site storage or disposal facility? | The Manifest - General Requirements 40 CFR 761.207(a) and 761.208(a)(1) | Prepare a Uniform Hazardous Waste Manifest (EPA Form 8700-22) and a continuation sheet if necessary. Prepare an annual document log and maintain it at the facility for a minimum of 3 years after the facility ceases to use or store PCBs. |
Has your facility not received a signed manifest from the storage or disposal facility within 35 days after the transporter accepted the PCB waste? | Exception Reporting 40 CFR 761.215 | Contact the disposer or commercial storer to determine whether the waste has been received. If the waste has not been received, contact the transporter to determine the disposition of the PCB waste. If you have not received a manifest within 45 days from the date the waste was accepted by the transporter, submit an exception report to the EPA Regional Administrator for the Region in which the generator is located. |
Is your facility a manufacturer, importer or processor of a chemical substance and did you manufacture or import greater than 1100 pounds of a chemical substance at a single site? | Manufacturer's Reporting - Preliminary Assessment Information 40 CFR 712, Subpart B | Under the Preliminary Assessment Information Rule (PAIR), report on each chemical substance (EPA Form 7710-35, "Manufacturer's Report-Preliminary Assessment Information") that is manufactured or imported for commercial purposes during the reporting period established for that substance. Processors are exempt from reporting under PAIR, as are certain manufacturers and importers if specifically exempted. Chemicals subject to reporting are listed in 40 CFR 712.30. |
Did you manufacture, import or process 10,000 pounds or more of any chemical substance (for a "commercial purpose") listed on the TSCA Chemical Substance Inventory at any single site during the latest corporate fiscal year prior to August 25, 1990? | Inventory Reporting Regulations - Persons Who Must Report 40 CFR 710.28 | Submit TSCA inventory update information to EPA every 4 years (after reporting periods from August 25 to December 23, 1990). The update information must be provided on EPA Form 7740-8 "Partial Updating of TSCA Inventory Database Production and Site Report". Certain manufacturers or importers are specifically exempted from this requirement. Volume records must be maintained for four years on substances manufactured or imported in amounts less than 10,000 pounds annually, as evidence to support a decision not to report. |
Are you a manufacturer, processor or distributor and have you received allegations of significant adverse reactions from chemical substances? | Recordkeeping Requirements 40 CFR 717.15 | Maintain records of "significant adverse reactions to health or the environment" alleged to have been caused by a chemical substance or mixture (unless the alleged cause can be directly attributed to an accident, spill or discharge). A "significant adverse reaction" is a reaction that may indicate substantial impairment of normal activities, or long-lasting or irreversible damage to health or the environment. |
Are you a manufacturer (including importer) who falls within the North American Industry Classification System (NAICS; recently replaced SIC Codes) Subsector 325 (Chemical Manufacturing and allied products) or Industry Group 32411 (Petroleum Refineries)? | Health and Safety Data Reporting Rule 40 CFR 716.60 | Provide unpublished health and safety lists or study submissions (dated since November 1, 1977) to EPA on or before the 60th day after the effective date of the listing of subject chemicals (40 CFR 716.20), or within 60 days of proposing to manufacture, import, or process a listed substance or mixture if the proposal is made after the effective date of the listing. Submit copies of any additional ongoing studies to EPA within 30 days of completion if the study was initiated during the initial 60-day reporting period. |
Are you a manufacturer, processor or distributor of chemical substances/ mixtures and have you obtained information which reasonably supports the conclusion that a substance or mixture presents a substantial risk of injury to health or the environment? | EPA's TSCA Section 8(e) Policy Statement 43 Fed Reg 1111 TSCA 8(e) | Immediately inform EPA of these facts unless you know that the EPA Administrator has been adequately informed of such information. You must report in writing to EPA within 15 working days after obtaining substantial risk information, and within 15 working days after obtaining relevant or significant supplemental data after an initial submission of substantial risk information. |
Are you a manufacturer, processor or distributor of chemical substances/ mixtures and are you aware of an "Emergency Incident of Environmental Contamination" | EPA's TSCA Section 8(e) Policy Statement 43 Fed Reg 1111 (1978) and 56 Fed Reg 28458, 28459 (1991) | Immediately report by telephone to the appropriate EPA Regional Office. **NOTE** JUNE 20, 1991 - EPA SUSPENDED THIS PART OF TSCA SECTION 8(E) POLICY STATEMENT. An "Emergency Incident of Environmental Contamination" is environmental contamination (accident or intentional) involving a chemical known to be a serious human or environmental toxicant and which because of the extent, pattern and amount of contamination (1) seriously threatens humans with cancer, birth defects, mutation, death, or serious or prolonged incapacitations (e.g., neurotoxicologic effects, serious reproductive system effects), or (2) seriously threatens non-human organisms with large-scale or ecologically significant population destruction. If the EPA Regional Office can not be notified, notify the National Response Center at (800) 424-8802. Within 15 days of the date of telephone reporting, submit a written follow-up report to EPA Headquarters. |
Is your facility a chemical importer? | Chemical Substances Import Policy 40 CFR 707.20 | Sign a statement certifying at the port of entry for shipments entering the U.S. that either: (1) the shipment is subject to TSCA and complies with all applicable rules and orders thereunder, or (2) it is not subject to TSCA. |
Is your facility a chemical exporter? | TSCA Section 12(a)(1)(B) 15 USC 2611(a)(1)(B) | Follow reporting and recordkeeping requirements of section 8 of TSCA. Provide a stamp or label stating that the substance, mixture, or article is intended for export to qualify for exemption from other certain TSCA requirements. |
Is your facility making or planning to make a shipment of a chemical substance or mixture to a foreign country? | Notices of Export Under Section 12(b) 40 CFR 707.60(a) | Notify EPA before shipment of any substance or mixture for which: (1) test data is required under Section 4 or 5(b); (2) an order has been issued under Section 5; (3) a rule has been proposed or issued under Section 5 or 6; or (4) an action is pending or relief has been granted under Section 5 or 7. EPA must then notify the government of the importing nation of such test data, rule, order, action or relief. |
If your facility making or planning to make a chemical export to a foreign country?" | Notices of Export under Section 12(b) 40 CFR 707.65 58 Fed Reg 40238 (7/27/93) and 59 Fed Reg 2999 (1/20/94) | Provide written notice for the first export or intended export to a foreign country in a calendar year to EPA for each regulated substance or mixture, under the original Export Notification Rule. Postmark the notice within 7 days of forming the intent to export, or on the date of export, whichever is earlier. If the notice is prompted by the issuance of a proposed rule, you have 30 days after publication of the rule to submit the notice to EPA. Submit a one-time notice to EPA for export of a Section 4 chemical substance or mixture to a foreign country instead of an annual notice. |