Other laws three

Resource Conservation and Recovery Act of 1976

The Resource Conservation and Recovery Act (RCRA) gave the 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. RCRA focuses only on active and future facilities and does not address abandoned or historical sites (http://www.epa.gov/lawsregs/laws/rcra.html)

Clean Water Act Connection: The 1986 amendments to RCRA enable the EPA to address water contamination that could result from leaking underground tanks storing petroleum and other hazardous substances. All RCRA cleanups must be performed so as to reduce the likelihood that hazardous and non-hazardous substances will ever leach into groundwater or run over the ground to contaminate larger surface water bodies. RCRA activity may jeopardize existing or designated uses, and therefore water quality standards should be considered in all decisions regarding the cleanup and management of contaminated sites. Discharge permits and TMDLs must take RCRA activity into account when evaluating cumulative impacts and watershed-wide sources of contamination. At former nuclear weapons sites, billions of dollars in cleanup funds are spent annually under RCRA to remove radioactive and hazardous contaminants that threaten water bodies at levels that violate Clean Water Act standards.

Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Superfund)

As designed, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) provided a federal “Superfund” to pay for the cleanup of uncontrolled or abandoned hazardous waste sites, as well as the cleanup of accidents, spills and other emergency releases of pollutants and contaminants into the environment. Through the Act, the EPA was given power to seek out all parties responsible for any release and assure their cooperation in the cleanup. The EPA cleans up orphan sites when responsible parties cannot be identified or located, or when they fail to act. The law created a tax on polluters to fund cleanup of abandoned sites, but Congress stopped collecting the tax in 1995, and the $1.6 billion collected through the years has almost been completely spent. As a result, the EPA has been limiting taxpayer-funded cleanup activities under CERCLA. The EPA can require private parties to clean up a site through orders, consent decrees or other settlements. Once a “response action” has been completed, the EPA recovers clean up costs from financially viable individuals and companies. (http://www.epa.gov/superfund/)

Clean Water Act Connection: CERCLA requires the cleanup of toxic sites, which frequently are located in or next to waterways and which often have contaminated a ground or surface water source that may still be in use. Superfund sites may jeopardize existing or designated uses, and therefore water quality standards should be considered in the cleanup and management of sites. Discharge permits and TMDLs must take CERCLA activity into account when evaluating cumulative impacts and watershed-wide sources of contamination.

Endangered Species Act of 1973

The Endangered Species Act (ESA) provides 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 and the National Oceanic and Atmospheric Administration (NOAA) Fisheries (formerly National Marine Fisheries Service) maintain a list of endangered and threatened species. The Act prohibits any action that results in the “taking” (harassing, harming or killing) of a listed species, or that adversely affects habitat (Section 9). It also requires federal agencies to consult with the relevant management agency before taking action or granting a permit that would jeopardize a species (Section 7). Protection or improvement of habitat on state or private lands may be addressed through the development and implementation of Habitat Conservation Plans (Section 10). (http://www.nmfs.noaa.gov/pr/laws/esa/policies.htm)

Clean Water Act Connection: ESA Sections 7, 9 and 10 are tools that can be used to protect the aquatic habitats of threatened and endangered species on both public and private lands. Lawsuits have relied on the ESA to stop, change or curtail some activities including timber sales, grazing and hydroelectric operations. In the Northwest, the ESA has been used as a tool to improve habitat for several listed salmon species. Water quality criteria must be designed to protect the most sensitive uses which often include threatened or endangered species. The antidegradation policy requires protection of existing uses such as threatened and endangered species, and it can lead to designation of outstanding waters to protect the ecological significance of critical habitat. Federal lawmakers have proposed combining the ESA’s Habitat Conservation Plan process with TMDLs. While they should be coordinated, they each have specific requirements that could be lost in the streamlining.