Statute |
Description |
Relevance to Federal Facilities |
Implementing Regulations |
Clean Air Act
(CAA) |
- Title I requires EPA to identify "air
pollutants," adopt National Ambient Air
Quality Standards (NAAQS), and
establish technology-based New Source
Performance Standards for Hazardous
Air Pollutants (NESHAP)
- Title I also requires states to develop state
implementation plans (SIP)
- Title II requires establishment of
nationally uniform emissions standards
for automobiles
- Title III authorizes citizen suits against
violators and judicial review of EPA
actions
- Title IV creates a system of marketable
allowances for sulphur dioxide emissions
- Title V requires permits for all major
sources of air pollutants
- Title VI contains provisions to phase out
the use of ozone-depleting chemicals,
such as chlorofluorocarbons, halons,
carbon tetrachloride, and methyl
chloroform, as required by the Montreal
Protocol on Substances That Deplete the
Ozone Layer.
|
Federal facilities have been and will continue
to be significantly affected by provisions of
the CAA.
- The NESHAP program also affects federal
facilities
- Title III activities can affect federal
facilities extensively
- Title VI requirements are particularly
important because of the need for many
ozone-depleting substances in weapons
systems. In addition, many of these
chemicals are used extensively by federal
facilities as refrigerants on ships and
airplanes.
|
Federal facilities are bound to adhere
to regulations that implement the CAA.
Those regulations are found in the
Code of Federal Regulations (CFR)
parts 50-99. Some key provisions
include:
- State-by-state implementation plans
are found at 40 CFR part 52
- Standards of performance and
NESHAPs are found at 40 CFR part
60
- Penalty assessment requirements are
found at 40 CFR parts 66 and 67
- Mobile source requirements are
found at 40 CFR parts 81 through
89
|
Clean Water Act
(CWA) |
The CWA, first passed in 1972 and amended
in 1977 and 1978, is the most
comprehensive source of federal regulatory
authority to control water pollution. In
relation to federal facilities, it specifically:
- Establishes limits on effluents that
prohibit discharge of pollutants
- Requires states to adopt water quality
criteria
- Requires EPA to adopt water quality
guidelines
- Requires source performance standards
based on best demonstrated control
technology
- Requires dischargers of toxic pollutants
to meet limits on effluents
- Establishes the national pollution
discharge elimination system (NPDES)
permit program
- Requires permits from the U.S. Army
Corps of Engineers (USACE) for
disposal of dredged material into
navigable waters
- Authorizes citizen suits
|
Many federal facilities own and operate
permitted wastewater treatment systems that
treat industrial and domestic sewage
generated at the facilities.
Also, some stormwater runoff discharges at
federal facilities are subject to permitting
under NPDES. |
Regulations under the CWA are found
at 40 CFR part 100 through 140. Those
regulations set forth instructions for the
NPDES program and related
wastewater treatment activities.
The guidelines for standards of
performance for new sources are found
at 40 CFR parts 400-699. Those
guidelines prescribe minimum
standards for treatment of a variety of
industrial sources, such as metal
finishing and explosives manufacturing
operations, and hospitals.
Regulations governing dredge-and-fill
operations are found at both 40 CFR
and 33 CFR. |
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or
Superfund) |
- Provides the basic legal framework for
the federal "Superfund" program to clean
up hazardous waste sites.
- Title 111 of the 1986 Superfund
Amendments and Reauthorization Act
(SARA) (also known as the Emergency
Planning and Community Right-to-Know
Act [EPCRA]) requires all manufacturing
facilities to report annually to the public
information about stored toxic
substances, as well as about release of
such substances, into the environment.
The report is known as the Toxic Release
Inventory (TRI).
|
Provides framework and guidance for
federal facilities to conduct installation
restoration, environmental restoration, and
similar programs.
Executive Order (EO) 12856 made the
TRI reporting requirement applicable to all
federal facilities. Consequently, federal
facilities were required to submit their first
set of TRI data to EPA on July 1, 1995.
|
The regulations governing Superfund
are found in 40 CFR part 300. They are
called the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP). Although they do not set forth
any standards, they do establish
procedures and practices for cleaning
up a contaminated site.
The regulations governing
implementation of EPCRA are found at
40 CFR parts 350-399. |
Toxic Substances Control Act (TSCA) |
- Gives the EPA comprehensive authority
to regulate any chemical substance whose
manufacture, processing, distribution in
commerce, use, or disposal may present
an unreasonable risk of injury to health or
the environment.
- Regulates asbestos and radon inside
buildings.
|
Federal facilities are affected by
regulations under TSCA because they
address both the handling and disposal of
substances regulated under TSCA plus the
remediation of asbestos and radon.
Federal facilities handle many substances
regulated under TSCA, such as
polychlorinated biphenyls (PCB).
Asbestos and radon problems are found in
many buildings owned by federal
agencies.
|
Regulations implementing TSCA are
found at 40 CFR parts 700-799. |
Resource Conservation and Recovery Act (RCRA) |
- Establishes standards and regulations
applicable to generators, transporters, and
owners or operators of hazardous waste
treatment, storage, and disposal facilities
(Subtitle C) and the management of solid
waste (Subtitle D).
- Contains provisions regulating
underground storage tanks (UST) that
store petroleum and chemical products.
|
Federal facilities are regulated stringently
under RCRA and are subject to its corrective
action authorities:
- Almost all federal facilities generate solid
waste that requires disposal
- Many also generate hazardous waste
through maintenance or manufacturing
activities
- Some also are treatment, storage, or
disposal facilities.
- Many store petroleum products in USTs
|
Regulations under the RCRA program,
which are found at 40 CFR parts 240-299, govern waste management
practices at federal facilities. |
Pollution
Prevention Act
(PPA) |
The PPA makes it a national policy of the
United States to reduce or eliminate the
generation of waste at the source whenever
feasible. The EPA is directed to undertake a
multimedia program of information
collection, technology transfer, and financial
assistance to enable the states to implement
this policy and to promote the use of source
reduction techniques. |
Federal facilities are implementing the PPA
through changes in policies and procedures
that govern acquisition and procurement. |
The PPA is not implemented by federal
regulations. |
Federal
Insecticide,
Fungicide, and
Rodenticide Act
(FIFRA) |
FIFRA provides a comprehensive
framework for regulating the sale and
distribution of pesticides within the United
States. Under the statute, EPA register
pesticides for either "general" for
"restricted" use. Once a pesticide has been
registered, its handling and distribution are
addressed. However, once a pesticide is in
or on a raw agricultural commodity, the
pesticide is regulated under the federal Food,
Drug, and Cosmetic Act. |
Federal facilities are affected by FIFRA
because pesticide application occurs at those
facilities. |
The regulations, which are found at 40
CFR parts 152-186, govern federal
facilities' use of pesticides and worker
protection for their application. |
National
Environmental
Policy Act
(NEPA) |
NEPA imposes environmental
responsibilities on all agencies of the federal
government. NEPA makes it the policy of
the federal government to use all practicable
means to administer federal programs in the
most environmentally sound fashion. NEPA
requires that decision-making processes of
federal agencies take into account
environmental factors. The agencies do so
through the conduct of an environmental
assessment (EA)or an environmental impact
statement (EIS). |
Federal facilities are affected by NEPA every
time a decision is made to expend a
"significant" amount of federal dollars.
Before that money can be spent, an EA or an
EIS must be conducted at the facility. Thus,
every time they build a road, bridge, or
building, federal facilities must assess the
environmental effects and make a finding of
no significant impact. |
The regulations governing NEPA are
found at 40 CFR part 1500 et. seq. |
Federal Facilities
Compliance Act
(FFCA) |
The FFCA was passed in 1992 to enable the
EPA and states to bring civil action against
federal agencies for violations of certain
actions relating to RCRA. Before the
FFCA, the doctrine of sovereign immunity
prevented civil actions against federal
agencies. However, the FFCA states that it
is admissible to initiate civil action against a
federal agency. Criminal actions always
have been possible, under the criminal
provisions of individual statutes. |
Any civil action that may be brought against a
federal facility falls under the authority of the
FFCA. |
The FFCA is not implemented by
federal regulations. |