Summary of Key Statutes That Affect Federal Facilities
| Statute | Description | Relevance to Federal Facilities | Implementing Regulations |
|---|---|---|---|
| Clean Air Act (CAA) |
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Federal facilities have been and will continue to be significantly affected by provisions of the CAA.
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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:
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| 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:
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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) |
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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) |
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Regulations implementing TSCA are found at 40 CFR parts 700-799. |
| Resource Conservation and Recovery Act (RCRA) |
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Federal facilities are regulated stringently under RCRA and are subject to its corrective action authorities:
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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. |