Encyclopedia of Environmental Science and Engineering, Volume I and II

ENVIRONMENTAL LAW 363

health and environmental risk is weighed against the social

and economic benefi ts of the chemical.

As for existing chemicals, TSCA established an

“Interagency Testing Committee” (ITC) that screens chem-

icals and recommends to EPA existing chemicals that are

so potentially dangerous as to deserve further study. The

ITC has developed several lists of potentially dangerous

chemicals, including a “priority list” and a “suspicious list”.

Chemicals on these lists are subject to extensive monitor-

ing and reporting requirements with regard to production,

release, and exposure data. When a report by a manufac-

turer, processor, or distributor indicates that the substance or

mixture might present an unreasonable risk to human health

or the environment, EPA may require further tests or act to

limit manufacture, use, or disposal of the chemical.

Finally, TSCA establishes a framework for regulating

certain extraordinarily dangerous chemicals, for example

asbestos, TRIS and PCBs. TSCA is one of the federal stat-

ues that could be relied upon to regulate products of genetic

engineering.

Federal Insecticide, Fungicide, and Rodenticide

Act (FIFRA)

Under FIFRA (7 USC 136 et seq. ), all new pesticides must

be registered with EPA and all pesticides registered in the

past must be reviewed with regard to potential adverse

impacts on public health and the environment. A registration

must be approved or renewed unless the pesticide will have

“unreasonable adverse effects on the environment.” EPA is

authorized to restrict the use of certain pesticides to particu-

lar uses or to certifi ed applicators, order specifi c packaging

or labeling requirements, cancel a registration, or suspend

the production and distribution of a pesticide.

If information disclosed in a pesticide application indi-

cates toxicity exceeding EPA “risk criteria,” a presumption

against registration arises and the burden of proof shifts to

the applicant. States are also authorized to regulate pesti-

cides and pesticide applicators.

Food, Drug, and Cosmetic Act (21 USC 301 et seq.)

No “food additive”, “color additive”, drug or cosmetic may

be sold unless it has been approved by the Food and Drug

Administration (FDA). No FDA approval may be issued if

the substance is found to cause cancer in humans or labo-

ratory animals. EPA also sets tolerance levels for pesticide

residues on raw agricultural products.

Atomic Energy Act (42 USC 2011 et seq.)

A Nuclear Regulatory Commission license must be obtained

for the production or distribution of nuclear materials.

Separate licenses must be obtained in order to construct

or operate a nuclear power plant. The Food and Drug

Administration’s Bureau of Radiological Health regulates

the uses of nuclear materials in the medical arts, and also

regulates radioactivity levels in milk. The Environmental

Protection Agency has responsibility for advising on envi-

ronmental standards for radioactive materials, and for setting

such standards for drinking water (under the Safe Drinking

Water Act) and for ambient air and air emission sources

(under and Clear Air Act).

STANDARD-SETTING STATUTES

Clean Air Act (42 USC 7401 et seq.)

This Act establishes federal nationwide ambient air qual-

ity standards for conventional air pollutants and provides

for their attainment by reducing pollution from stationary

and mobile sources. Stationary sources must meet emis-

sions limitations set in State Implementation Plans (SIPs)

administered by the States. Mobile sources pollution control

is achieved by federal emissions limitations on new motor

vehicles and state inspection and maintenance programs plus

warranty provisions for vehicles in actual use. The Act also

regulates new sources of air pollution, emissions of hazard-

ous air pollutants, emissions limitations and transportation

control plans in “Nonattainment Areas” (areas where the

federal standards are being exceeded) and allowable pollu-

tion in “Prevention of Signifi cant Deterioration” (PSD) areas

where standards are presently being met.

Clean Water Act (33 USC 1251 et seq.)

Enacted in 1972 and amended several times since then, this

statute sets out a goal of “fi shable/swimmable” waters wher-

ever attainable, and attempts to achieve it through (1) a con-

struction loan program authorizing federal grants to State

revolving loan funds for the construction and rehabilitation of

publicly owned treatment works; (2) permit system for point

sources of pollution incorporating progressively stricter tech-

nology-based effl uent limitations set by industrial subcate-

gory; (3) a requirement that publicly owned treatment works

achieve the equivalent of secondary treatment; (4) areawide

water quality management for the diminution of nonpoint

sources of pollution and (5) setting of Total Maximum

Daily Loads (TMDLs) where water quality standards are not

achieved.

The Act makes it illegal to discharge a pollutant with-

out a permit. Most States have assumed administration of

the point source permit program from EPA. Also included

in the Clean Water Act are provisions dealing with wetlands

protection, sludge disposal, estuarine protection and ocean

discharge. (Permits for ocean dumping are provided for in

the MarineProtection Research and Sanctuaries Act, 33

USC 1401 et seq. ) Concentrated Animal Feeding Operations

(CAFOs) are regulated as point sources under the Act.

Safe Drinking Water Act (42 USC 300f et seq.)

Whereas the Clean Water Act regulates ambient water qual-

ity, the Safe Drinking Water Act controls the quality of tap

water. The Act specifi es procedures for setting maximum

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