Environmental Laws

1938 Federal Food, Drug, and Cosmetic Act
1947 Federal Insecticide, Fungicide, and Rodenticide Act
1948 Federal Water Pollution Control Act (also known as the Clean Water Act)
1955 Clean Air Act
1965 Shoreline Erosion Protection Act
1965 Solid Waste Disposal Act
1970 National Environmental Policy Act
1970 Pollution Prevention Packaging Act
1970 Resource Recovery Act
1971 Lead-Based Paint Poisoning Prevention Act
1972 Coastal Zone Management Act
1972 Marine Protection, Research, and Sanctuaries Act
1972 Ocean Dumping Act
1973 Endangered Species Act
1974 Safe Drinking Water Act
1974 Shoreline Erosion Control Demonstration Act
1975 Hazardous Materials Transportation Act
1976 Resource Conservation and Recovery Act
1976 Toxic Substances Control Act
1977 Surface Mining Control and Reclamation Act
1978 Uranium Mill-Tailings Radiation Control Act
1980 Asbestos School Hazard Detection and Control Act
1980 Comprehensive Environmental Response, Compensation, and Liability Act
1982 Nuclear Waste Policy Act
1984 Asbestos School Hazard Abatement Act
1986 Asbestos Hazard Emergency Response Act
1986 Emergency Planning and Community Right to Know Act
1988 Indoor Radon Abatement Act
1988 Lead Contamination Control Act
1988 Medical Waste Tracking Act
1988 Ocean Dumping Ban Act
1988 Shore Protection Act
1990 National Environmental Education Act

http://www.epa.gov/epahome/laws.htm

How are laws made?
What is the difference between the USCode and the CFR?
If you don't know the answers to these read the Introduction on the USEPA Laws and Regs page

http://www.epa.gov/epahome/lawregs.htm

National Environmental Policy Act

http://ceq.eh.doe.gov/nepa/nepanet.htm

Read the Executive Summary of "A Study of Its Effectiveness After Twenty-five Years" report, also pg 4 has definitions

Read the Act

What is the purpose of NEPA?
What does it do?
How does it work?
What is the CEQ?
What is an EIS? EA? FONSI?
How well has it worked, what problems exist?

1948 Federal Water Pollution Control Act (also known as the Clean Water Act)
Follow the link to the law
http://www.epa.gov/epahome/laws.htm

What is the purpose of this act?
What waters are covered under this law?
Subchapter 2
1281 Wastewater treatment plants

Subchapter 3
1311 Effluent limitations
In order to carry out the objective of this chapter there shall be achieved -
(1) (A) not later than July 1, 1977, effluent limitations for point sources, other than publicly owned treatment works,
(i) which shall require the application of the best practicable control technology currently available …or
(B) for publicly owned treatment works in existence on July 1, 1977, …, effluent limitations based upon secondary treatment

(2) (A) for pollutants (toxics) …, effluent limitations for categories and classes of point sources, other than publicly owned treatment works, which
(i) shall require application of the best available technology economically achievable for such category or class, which will result in reasonable further progress toward the national goal of eliminating the discharge of all pollutants,

1313 Water quality standards and implementation plans (TMDLS), 303d lists
(1) (A) Each State shall identify those waters within its boundaries for which the effluent limitations … are not stringent enough to implement any water quality standard applicable to such waters. The State shall establish a priority ranking for such waters, taking into account the severity of the pollution and the uses to be made of such waters.
(C) Each State shall establish for the waters identified in paragraph (1)(A) of this subsection, and in accordance with the priority ranking, the total maximum daily load, for those pollutants which the Administrator identifies

C and D apply to thermal pollution

1315 (Section305) State reports on water quality; transmittal to Congress
Each State shall prepare and submit … biennially thereafter, a report which shall include -
a description of the water quality of all navigable waters in such State during the preceding year,
(C) an analysis of the extent to which the elimination of the discharge of pollutants and a level of water quality which provides for the protection and propagation of a balanced population of shellfish, fish, and wildlife and allows recreational activities in and on the water, have been or will be achieved by the requirements of this chapter, together with recommendations as to additional action necessary to achieve such objectives and for what waters such additional action is necessary;

1322 (Section 312) Marine sanitation
1329 (Section 319) NPS
The Governor of each State shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval, a report which -
(A) identifies those navigable waters within the State which, without additional action to control nonpoint sources of pollution, cannot reasonably be expected to attain or maintain applicable water quality standards or the goals and requirements of this chapter;
(B) identifies those categories and subcategories of nonpoint sources or, where appropriate, particular nonpoint sources which add significant pollution to each portion of the navigable waters identified …;

Subchapter 4
1342 (Section 402) NPDES permits, requires BAT for non-POTWs
Exemptions
The Administrator shall not require a permit under this section for discharges composed entirely of return flows from irrigated agriculture … 
Prior to October 1, 1994, the Administrator or the State (in the case of a permit program approved under this section) shall not require a permit under this section for discharges composed entirely of stormwater.
Except
A discharge associated with industrial activity.
A discharge from a municipal separate storm sewer system serving a population of 250,000 or more.
A discharge from a municipal separate storm sewer system serving a population of 100,000 or more but less than 250,000

1343 (Section 403) Ocean discharge criteria
1344 (Section 404) Dredge and fill (wetlands protection)

Summary:
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.
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.
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.

Safe Drinking Water Act
http://www4.law.cornell.edu/uscode/42/ch6AschXII.html
What is the purpose of this act?

How are the drinking water standards set?
What waters are covered under this law?
What is a public drinking water supply?
How are the drinking water standards set?
What is UIC?
How are these wells classified?
What is a sole source aquifer and how is one designated?
Wellhead, sourcewater protection, what is it, how does it work?

In 1986 there were a number of significant additions to the SDWA. What are these and what are they about?
http://www.epa.gov/safewater/sdwa/summ.html
http://www.epa.gov/safewater/sdwa/theme.htm

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.
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).

Applies to public drinking water supplies (all sources) defined as 15 service connections or regularly serves at least 25 people more than 60 days per year.
 There are three types of PWSs:
Community PWSs such as towns or other communities where people live.Nontransient noncommunity PWSs such as schools or factories where people work but do not live.Transient noncommunity systems such as rest stops, parks and restaurants
During 2001 there were 6,672 PWSs serving 20.04 million (94%) people out of a state population of 21.3 million. As of December 31, 2001 there were 4,571 community, 807 nontransient noncommunity and 1294 transient non community PWSs in Texas.

Part C. Protection of Underground Sources of Water
Underground Injection Control
Mandated by Safe Drinking Water Act, the Underground Injection Control (UIC) Program works with State and local governments to regulate injection wells in order to prevent them from contaminating drinking water resources. EPA defines the five classes of wells according to the type of waste they inject and where the waste is injected. EPA also provides states with technical support, including program guidance and data management.

Delegated to Texas

Class I wells are technologically sophisticated wells that inject large volumes of hazardous and non-hazardous wastes into deep, isolated rock formations that are separated from the lowermost underground source of drinking water (USDW) by many layers of impermeable clay and rock.
Class II wells inject fluids associated with oil and natural gas production. Most of the injected fluid is brine that is produced when oil and gas are extracted from the earth (about 10 barrels for every barrel of oil).
Class III wells inject super-hot steam, water, or other fluids into mineral formations, which is then pumped to the surface and extracted. Generally, the fluid is treated and reinjected into the same formation. More than 50 percent of the salt and 80 percent of the uranium extraction in the U.S. is produced this way.
Class IV wells inject hazardous or radioactive wastes into or above underground sources of drinking water. These wells are banned under the Underground Injection Control program because they directly threaten the quality of underground sources of drinking water.
Class V wells use injection practices that are not included in the other classes. Some Class V wells are technologically advanced wastewater disposal systems used by industry, but most are "low-tech" holes in the ground. Generally, they are shallow and depend upon gravity to drain or "inject" liquid waste into the ground above or into underground sources of drinking water. Their simple construction provides little or no protection against possible ground water contamination, so it is important to control what goes into them.

In Texas, regulatory responsibility for the subsurface injection of fluids and waste lies with either the Railroad Commission of Texas or the TNRCC, depending mainly on the class of injection well, the intended use of the well, or in the case of Class III wells, the mineral to be mined.

Class I – TNRCCClass II- RCTClass III –TNRCCClass IV – prohibitedClass V- shared

Sec. 300h-6. Sole source aquifer demonstration program
The purpose of this section is to establish procedures for development, implementation, and assessment of demonstration programs designed to protect critical aquifer protection areas located within areas designated as sole or principal source aquifers under section 300h-3(e) of this title.
 In establishing such criteria, the Administrator shall consider each of the following:
The vulnerability of the aquifer to contamination due to hydrogeologic characteristics.
The number of persons or the proportion of population using the ground water as a drinking water source.
The economic, social and environmental benefits that would result to the area from maintenance of ground water of high quality.
The economic, social and environmental costs that would result from degradation of the quality of the ground water

Texas has a long list of draft designated “sole source aquifer” designations, all of which are lakes or rivers.
Two gw sources have received protection:
Edwards aquifer, San Antonio region and Austin region
There are 72 aquifers designated nationwide.

President Clinton signed the Safe Drinking Water Act Amendments of 1996 on August 6, 1996. Four themes characterize the areas of greatest change.:
1.new and stronger approaches to prevent contamination of drinking water;
source water protection capacity development operator certification
2.better information for consumers, including the "right to know";
consumer confidence reports
3.regulatory improvements, including better science, prioritization of effort, and risk assessment;
new risk based contaminant assessment
occurrence info on unregulated contaminats
cost-benefit analysis on new contaminants
monitoring reforms
4.new funding for States and communities through a Drinking Water State Revolving Fund.

Source Water Protection: Within 18 months after EPA publishes guidance, States must submit a program for delineating source water areas of public water systems, and for assessing the susceptibility of such source waters to contamination. States may use set asides from the State Revolving Fund (SRF) to pay for source water assessments. Results of completed source water assessments must be made available to the public. These results are a statutory prerequisite for State tailored monitoring programs, because they can provide a good science basis for such tailoring.

Capacity Development: The 1996 Amendments create a program to build nationally on the demonstrated success of several States in strengthening the managerial, technical and financial capacity of water systems to reliably deliver safe drinking water. EPA is required, within 6 months, to review existing State programs and publish guidance that States may use to meet the new requirements of this provision. State programs must have two main components: (1) legal authority to ensure that new water systems have sufficient technical, managerial, and financial capacity to meet drinking water standards; and (2) a strategy to identify and assist existing water systems needing improvements in managerial, technical, or financial capacity or aid to comply with standards. States must also identify water systems in significant noncompliance status within 1 year, and report to EPA on the success of capacity development efforts in assisting such systems.

Operator Certification: Ensuring the knowledge and skills of public water system operators is widely considered one of the most important, cost-effective means to strengthen drinking water safety. To that end, the Amendments require all States to carry out a program of operator certification. This program does not require that every water system operator be certified. That is not always necessary for proper system operation, nor is it a flexible or efficient approach. Rather, the objective of the program should be to ensure every water system has (directly, under contract, or in conjunction with other systems,) an operator to perform certain key compliance functions, and who is trained and certified to the right level that each State determines is appropriate to the functions, facilities and operations of that system.

Consumer Confidence Reports: Within two years, EPA must issue regulations requiring all community water systems to prepare and mail to each customer at least annually a report with information about the system's source water and the level of contaminants in the drinking water purveyed. Each Governor may allow systems serving between 500 and 10,000 people to publish the report in a newspaper rather than mail it. Systems serving less than 500 people, whose Governor has not required mailing, may elect to give effective public notice that the report is available, rather than mail or publish it.

REGULATORY IMPROVEMENTS
New risk-based contaminant selection: The requirement that EPA regulate an additional 25 contaminants every 3 years is eliminated. Instead, EPA has the flexibility to decide whether or not to regulate a contaminant after completing a required review of at least 5 contaminants every 5 years. EPA must use three criteria to determine whether or not to regulate a contaminant: that the contaminant adversely affects human health; it is known or substantially likely to occur in public water systems with a frequency and at levels of public health concern; and regulation of the contaminant presents a meaningful opportunity for health risk reduction. This provision departs dramatically from the approach of the previous law. The "25 every three years" mandate allowed little risk prioritization by EPA or anyone else, and the mandate to regulate 83 specified contaminants allowed essentially none. The new provision makes risk prioritization dominant in selecting contaminants to regulate.

Cost-benefit analysis and research for new standards: For all future drinking water standards, EPA is to conduct a thorough cost-benefit analysis and provide comprehensive, informative, and understandable information to the public. EPA is also required to use the "best available, peer-reviewed science and supporting studies" in carrying out actions within the standard setting section "to the degree that an Agency action is based on science."

Standard setting has new flexibility compared to the previous law. After first defining a maximum contaminant level (MCL) or treatment technique standard based on affordable technology, as previously, EPA must determine whether the costs of that standard would be justified by the benefits. If not, then EPA may adjust an MCL to a level that "maximizes health risk reduction benefits at a cost that is justified by the benefits." The authority to adjust the MCL cannot be used if the costs to large systems are justified by the benefits, and other systems are likely to receive variances. The rationale is that affordability problems for smaller systems should not change a national standard if those systems would receive a variance from that national standard anyway, based on affordability grounds.