2.2 Major U.S. Environmental Laws and Amendments

The Clean Air Act, Clean Water Act, and Safe Drinking Water Act form the backbone of U.S. environmental protection. These laws set standards for air and water quality, regulating pollutants and establishing permit systems to control emissions and discharges.

The National Environmental Policy Act, Resource Conservation and Recovery Act, and Toxic Substances Control Act expanded environmental regulation. These laws require environmental impact assessments, manage hazardous waste, and control chemical substances, reflecting growing awareness of environmental issues.

Air and Water Protection

Clean Air Act and Its Impacts

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• Clean Air Act enacted in 1963 authorized research into air pollution monitoring and control
• 1970 amendments established National Ambient Air Quality Standards (NAAQS) for six criteria pollutants
• Created New Source Performance Standards (NSPS) for new or modified sources of air pollution
• Established National Emissions Standards for Hazardous Air Pollutants (NESHAP)
• 1990 amendments addressed acid rain, ozone depletion, and toxic air pollution
• Introduced market-based approach with emissions trading program for sulfur dioxide

Water Quality Protection Measures

• Clean Water Act of 1972 amended the Federal Water Pollution Control Act of 1948
• Established structure for regulating pollutant discharges into U.S. waters
• Gave EPA authority to implement pollution control programs and set wastewater standards
• Created National Pollutant Discharge Elimination System (NPDES) permit program
• Set water quality standards for contaminants in surface waters
• Made it unlawful to discharge pollutants from point sources without a permit

Safe Drinking Water Regulations

• Safe Drinking Water Act passed in 1974 to ensure public drinking water safety
• Applies to every public water system in the United States
• Required EPA to set enforceable standards for drinking water contaminants
• Established Maximum Contaminant Levels (MCLs) for various substances
• Mandated filtration and disinfection for most surface water systems
• 1996 amendments enhanced public information requirements and water system management

Environmental Policy and Regulation

National Environmental Policy Act Framework

• National Environmental Policy Act (NEPA) signed into law on January 1, 1970
• Established national environmental policy and goals for protecting the environment
• Required federal agencies to assess environmental effects of proposed actions
• Introduced Environmental Impact Statements (EIS) for major federal actions
• Created Council on Environmental Quality (CEQ) in the Executive Office of the President
• Promoted public participation in decision-making through comment periods and hearings

Resource Management and Toxic Substance Control

• Resource Conservation and Recovery Act (RCRA) enacted in 1976
• Established framework for proper management of hazardous and non-hazardous solid waste
• Created "cradle-to-grave" system for tracking hazardous wastes
• Regulated underground storage tanks containing petroleum and other hazardous substances
• Toxic Substances Control Act (TSCA) passed in 1976 to regulate new and existing chemicals
• Gave EPA authority to require reporting, testing, and restrictions on chemical substances

Evolution of Environmental Legislation

• Environmental amendments expanded scope and strengthened existing laws
• Clean Air Act Amendments of 1977 and 1990 addressed new pollutants and sources
• Clean Water Act amendments in 1977 and 1987 focused on toxic pollutants and stormwater
• Safe Drinking Water Act amendments in 1986 and 1996 enhanced standards and enforcement
• Statutory evolution reflected growing scientific understanding and public awareness
• Shift from command-and-control approach to more flexible, market-based mechanisms

Hazardous Substances and Species Protection

Endangered Species Conservation

• Endangered Species Act (ESA) passed in 1973 to protect threatened and endangered plants and animals
• Prohibited "taking" of listed species, including harassing, harming, or killing
• Required federal agencies to ensure their actions do not jeopardize listed species
• Mandated development of recovery plans for listed species
• Authorized land acquisition for species conservation
• Provided for cooperation with states and financial assistance for conservation programs

Hazardous Waste Site Management

• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) enacted in 1980
• Commonly known as Superfund, addressed abandoned hazardous waste sites
• Established prohibition on closed or abandoned hazardous waste sites
• Created Hazard Ranking System to prioritize cleanup efforts
• Imposed liability on responsible parties for cleanup costs
• Established trust fund for cleanup when responsible parties cannot be identified
• 1986 Superfund Amendments and Reauthorization Act (SARA) strengthened CERCLA provisions