5.2 LEGISLATION

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Legislation has been the most effective tool in causing environmental change.

Much of the environmental legislation is criminal law.

Keep in mind that while some legislation can be deal with in civil court, it does not prevent individuals from pursuing lawsuits that fall outside legislation.

Well know legislation includes,

CAA (Clean Air Act) 1970 - Allows EPA to police airborne pollution sources, lists pollution types. Amended over the years.

CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) 1980 - amended RCRA, set up fund for site remediation and establishes liability responsibilities.

CWA (Clean Water Act) 1972 - Empowered EPA to police discharges of wastes into waterways.

EPCRA (Emergency Planning and Community Right to Know Act) 1986 - makes toxic releases public record with fines.

HSWA (Hazardous and Solid Waste Amendments) 1984 - national hazardous waste management.

PPA (Pollution Prevention Act) 1990 - deals with sources of pollution and requires reporting of improvements.

RCRA (Resource Conservation and Recovery Act) 1976 - deals with waste disposal issues and hazardous waste controls.

TSCA (Toxic Substances Control Act) 1976 - deals with toxic chemicals entering the marketplace.

One significant impact is that when purchasing property the new owner assumes all liability for environmental problems. This means than now an environmental survey will be conducted before purchasing a property.

5.2.1 Clean Air Act (CAA) 1970

Some chemicals on the National Ambient Air Quality Standards (NAAQS) chemical list are given below. These are found in section 109 under section 40 of the CAA.

- carbon dioxide

- hydrocarbons

- nitrogen oxides

- suspended particulates

- photochemical oxidants

- sulfur oxides

- lead

Some chemicals on the National Emission Standard for Hazardous Air Pollutants (NESHAPS) chemical list are given below. These are found in section 112 under section 40 of the CAA.

- asbestos

- benzene

- beryllium

- coke oven emissions

- mercury

- vinyl chloride

- inorganic arsenic

- Rn-222

- radionuclides

- copper

- nickel

- phenol

- zinc and zinc oxides