INSTRUCTIONS The goal of this text is to create a useful compilation of the legal authority under which the U.S. Environmental Protection Agency operates. These documents are for the general use of personnel of the EPA in assisting them in attaining the purposes set out by the President in creating the Agency. This work is not intended and should not be used for legal citations or any use other than as reference of a general nature. The author disclaims all responsibility for liabilities growing out of the use of these materials contrary to their intended purpose. Moreover, it should be noted that portions of the Congressional Record from the 92nd Congress were extracted from the "unofficial" daily version and are subject to subsequent modification. EPA Legal Compilation consists of the Statutes with their legislative history, Executive Orders, Regulations, Guidelines and Reports. To facilitate the usefulness of this composite, the Legal Compilation is divided into the eight following chapters: AIR A. General B. Air C. Water D. Solid Waste E. Pesticides F. Radiation G. Noise H. International The chapter labeled “Air," and color coded light blue, contains the legal authority of the Agency directly related to air pollution. Several documents under this title are applicable to other areas of pollution, and when this occurs, a reference is made back to "General" where the full text appears. This method is used in order that the documents are not needlessly reproduced in each chapter. SUBCHAPTERS Statutes and Legislative History For convenience, the Statutes are listed throughout the Compilation by a one-point system, i.e., 1.1, 1.2, 1.3, etc., and Legislative History begins wherever a letter follows the one-point system. Thusly, any 1.1a, 1.1b, 1.2a, etc., denotes the public laws comprising the 1.1, vii 1.2 statute. Each public law is followed by its legislative history. The legislative history in each case consists of the House Report, Senate Report, Conference Report (where applicable), the Congressional Record beginning with the time the bill was reported from committee. Example: 1.1 Clean Air Act, as amended, 42 U.S.C. §1857 et seq. (1970). 1.1a Air Pollution Act of July 14, 1955, P.L. 84-159, 69 Stat. 322. (1) Senate Committee on Public Works, S. REP. No. 389, 84th Cong., 1st Sess. (1955). (2) House Committee on Interstate and Foreign Commerce, H.R. REP. No. 968, 84th Cong., 1st Sess. (1955). (3) Congressional Record, Vol. 101 (1955): (a) May 31: Amended and passed Senate, pp. 7248-7250; (b) July 5: Amended and passed House, pp. 9923-9925; (c) July 6: Senate concurs in House amendment, pp. 9984-9985. This example not only demonstrates the pattern followed for legislative history, but indicates the procedure where only one section of a public law appears. You will note that the Congressional Record cited pages are only those pages dealing with the discussion and/or action taken pertinent to the section of law applicable to EPA. In the event there is no discussion of the pertinent section, only action or passage, then the asterisk (*) is used to so indicate, and no text is reprinted in the Compilation. In regard to the situation where only one section of a public law is applicable, then only the parts of the report dealing with same are printed in the Compilation. Secondary Statutes Many statutes make reference to other laws and rather than have this manual serve only for major statutes, these secondary statutes have been included where practical. These secondary statutes are indicated in the table of contents to each chapter by a bracketed cite to the particular section of the major act which made the reference. Citations The United States Code, being the official citation, is used throughout the Statute section of the compilation. 1.1 1.2 1.3 The Clean Air Act, as amended, 42 U.S.C. §1857 et seq. (1970). Public Contracts, Advertisements for Proposals for Purchases and Contracts for Supplies or Services for Government Departments; Application to Government Sales and Contracts to Sell and to Government Corporations, as amended, 41 U.S.C. §5 (1958). Advances of Public Moneys, Prohibition Against, as revised, 31 U.S.C. §529 (1946). 1.4 Contracts: Acquisition, Construction or Furnishing of Test Facilities and Equipment, as amended, 10 U.S.C. §2353 (1956). 1.9 tion Expenses; Experts and Consultants; Individuals Serving Without Pay, as amended, 5 U.S.C. §5703 (1969). 1.8 Highway Safety Act of 1966, as amended, 23 U.S.C. §402 (1970). Federal Salary Act, as amended, 5 U.S.C. §§5305, 5332 (1970). 1.10 The Federal Aviation Act of 1958, as amended, 49 U.S.C. §1301 et seq. (1970). 1.11 Department of Transportation Act, as amended, 49 U.S.C. §1651 et seq. (1968). 1.12 The National Environmental Policy Act of 1969, 42 U.S.C. §4332(2)(c) (1970). 1.13 The Public Health Service Act, as amended, 42 U.S.C. §§241, 243, 246 (1970). 1.14 The Davis-Bacon Act, as amended, 40 U.S.C. §§276a-276a-5 (1964). 1.15 Reorganization Plan No. 14 of 1950, 64 Stat. 1267 (1950). Directly transferred to EPA in Reorg. Plan No. 3 of 1970. Referred to in the Clean Air Act at §1857b-1(a)(2) (D). Referred to in the Clean Air Act at $1857b-1(a)(2) (D). Referred to in the Clean Air Act at §1857b-(a)(2) (D). Referred to in the Clean Air Act at §§1857c-5(f) (2) (B), 1857f-5(b) (2) (B)(ii). Referred to in the Clean Air Act at §§1857c-9 (c), 1857d(j)(1), 1857f-6(b), 1857h-5(a)(1). Referred to in the Clean Air Act at §§1857d(i), 1857e (e), 1857f-6e(b)(2). Referred to in the Clean Air Act at §1857f-6b (2). Referred to in the Clean Air Act at §1857f-6e(b)(3)(A). Referred to in the Clean Air Act at §§1857f-10 (a), (b), 1857f-12. Referred to in the Clean Air Act at §1857f-10(b). Referred to in the Clean Air Act at §1857h-7(a). Referred to in the Clean Air Act at §1857i(b). Referred to in the Clean Air Act at §1857j-3. Referred to in the Clean Air Act at $1857j-3. 1.16 Regulations Governing Contractors 1.18 Airport and Airway Development 1.20 Interest on Certain Government Obligations, as amended, 26 U.S.C. §103 (1969). Referred to in the Clean Air Act at $1857j-3. Direct reference in Act to EPA and air pollution at $109(h), (i), (j). Direct reference in Act to air pollution at §§1712(f), 1716(e)(1). §169d(1)(B) makes direct reference to the Clean Air Act. At $103 (c) (4) (F) industrial development bonds are exempt from taxes on air pollution control facilities. Executive Orbers The Executive Orders are listed by a two-point system (2.1, 2.2, etc.). Executive Orders found in General are ones applying to more than one area of the pollution chapters. Regulations The Regulations are noted by a three-point system (3.1, 3.2, etc.). Included in the Regulations are those not only promulgated by the Environmental Protection Agency, but those under which the Agency has direct contact. Guidelines and Reports This subchapter is noted by a four-point system (4.1, 4.2, etc.). In this subchapter is found the statutorily required reports of EPA, published guidelines of EPA, selected reports other than EPA's and inter-departmental agreements of note. UPDATING Periodically, a supplement will be sent to the interagency distribution and made available through the U.S. Government Printing Office in order to provide an accurate working set of EPA Legal Compilation. CONTENTS Page 1.1 Clean Air Act, as amended, 42 U.S.C. §1857 et seq. (1970)___ 1.1a Air Pollution Act of July 14, 1955, P.L. 84–159, 69 Stat. (1) Senate Committee on Public Works, S. REP. No. 389, 84th Cong., 1st Sess. (1955)_ _ (2) House Committee on Interstate and Foreign Com- 1.1b Extension of §5-a of Air Pollution Act of July 14, 1955, 114 115 1.1c Motor Vehicle Exhaust Study Act of June 8, 1960, 153 (1) House Committee on Interstate and Foreign Com- (2) Senate Committee on Labor and Public Welfare, 154 171 xi |