Other laws two

Emergency Planning and Community Right-to-Know Act of 1986

Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA) to help communities deal safely and effectively with the many hazardous substances that are used in their neighborhoods, towns and watersheds. The Act outlines reporting requirements for the storage of hazardous chemicals and requires communities to develop emergency plans to respond to chemical accidents.

The law created the Toxic Release Inventory (TRI), which is an online database that allows users to simply type in their zip code and get details about the release of certain toxic chemicals. It is based on the notion that the public has a “right to know” what pollutants are added to the environment, especially in their own neighborhoods. The EPA calls the TRI “a powerful tool…for understanding the many factors that contribute to human health and environmental conditions.” (http://epa.gov/oecaagct/lcra.html)

Clean Water Act Connection: Emergency plans developed to respond to chemical accidents and spills should include protection of water bodies. Reports on hazardous substances and storage facilities provide local governments and the public with information about possible chemical hazards in local watersheds. This information can be used to determine whether existing or designated uses are supported, criteria are met, permits are sufficiently protective (especially in mixing zones) and whether TMDLs include all relevant sources.

Toxic Substances Control Act of 1976

Thousands of chemicals and their compounds are developed each year with unknown toxic or dangerous characteristics. The Toxic Substances Control Act (TSCA) requires the EPA to test, screen and regulate all chemicals produced or imported into the United States. (http://www.epa.gov/region5/defs/html/tsca.htm)

Clean Water Act Connection: To prevent tragic consequences, TSCA requires that any chemical that reaches the consumer marketplace be tested for possible toxic effects to human health and the environment prior to commercial manufacture. Results from TSCA-required testing can and should be used in the development of numeric and narrative water quality criteria by the EPA and states. These criteria must protect existing and designated uses, including human health and aquatic life and habitat, from toxic contamination.

Federal Insecticide, Fungicide and Rodenticide Act of 1947

Amended in 1972, 1988 and 1996, the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) provides federal control over pesticide distribution, sale and use. All pesticides used in the U.S. must be registered (licensed) by the EPA. Registration assures that pesticides will be properly labeled and, if used in accordance with specifications, will not cause unreasonable harm to the environment. (http://www.epa.gov/lawsregs/laws/fifra.html)

Clean Water Act Connection: FIFRA does not address the cumulative impacts of pesticides in our waterways. FIFRA documentation should be used in developing protective water quality criteria at the federal and state levels for all pesticides on the market. Recent court decisions require NPDES permits for pesticide application in waterways.