PREFACE Reorganization Plan No. 3 of 1970 transferred 15 governmental units with their functions and legal authority to create the U.S. Environmental Protection Agency. Since only the major laws were cited in the Plan, it was decided that a compilation of EPA legal authority be researched and published. The publication has the primary function of providing a working document for the Agency itself. Secondarily, it will serve as a research tool for the public. It is the hope of EPA that this set will assist in the awesome task of developing a better environment. LANE R. WARD, J. D. Office of Executive Secretariat Office of Administrator U.S. Environmental Protection Agency V 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 93rd 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 seven following chapters: This edition, labelled "Supplement II," contains the additions to and alterations of EPA legal authority not included in the original set or Supplement I of the EPA Legal Compilation. Therefore, this edition updates the Compilation through the 93rd Congress, First Session. 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. Thus, any 1.1a, 1.1b, 1.2a, etc., denotes the public laws comprising the 1.1, 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 applica vii viii ble), the Congressional Record beginning with the time the bill was reported from committee. Example: 1.4 Amortization of Pollution Control Facilities, as amended, 26 U.S.C. §169 (1969). 1.4a Amortization of Pollution Control Facilities, De- (2) House Committee on Ways and Means, H.R. (3) Senate Committee on Finance, S. REP. No. (5) Congressional Record, Vol. 115 (1969): (a) Aug. 7: Debated and passed House, pp. 22746, 22774-22775; (b) Nov. 24, Dec. 5, 8, 9: Debated and passed Senate, pp. 354586, 37321-37322, 3763137633, 37884–37888; (c) Dec. 22: Senate agrees to conference re port, p. 40718;* (d) Dec. 22: House debates and agrees to conference report, pp. 40820, 40900. 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 that section 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 ix 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. In four Statutes, a parallel table to the Statutes at Large is provided for your convenience. EXECUTIVE ORDERS The Executive Orders are listed by a two-point system (2.1, 2.2, etc.). 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 a current and accurate working set of EPA Legal Compilation. |