A Citizen’s Guide to Using Federal Environmental Laws to 

Secure Environmental Justice 

Copyright © 2002 Environmental Law Institute®, 

Washington, DC. All rights reserved.

ISBN No. 1-58576-033-1. ELI Project No. 981624.

An electronically retrievable copy (PDF file) of this report may be obtained 

for no cost from the Environmental Law Institute web site <www.eli.org>, 

click on “Publications” then “2002 Research Reports” to locate the file. 

[Note: ELI Terms of Use will apply and are available on site.]

(Environmental Law Institute®, The Environmental Forum®, and 

ELR® – The Environmental Law Reporter® are registered trademarks of the

Environmental Law Institute.)
This project was supported by the Office of Environmental Justice 

of the U.S. Environmental Protection Agency under Assistance Agreement 

No. CR82675501. The views expressed herein should not be attributed 

to EPA nor should any official endorsement be inferred.

acknowledgement
table of contents

Chapter 1. Introduction to Environmental Laws and 

Environmental Justice 

Introduction to Environmental Justice Issues.............1

How Environmental Laws Can Help You to Protect 

Your Community ...............................3

How This Handbook Can Help You to Use 

Environmental Laws to Your Advantage............ ...4

How This Handbook Is Organized, and What It Covers . . . . 5

What This Handbook Does Not Cover.................6

Chapter 2. Understanding the Players and the Laws

Identifying the Players..............................9

The U.S. Environmental Protection Agency (EPA). . . . . . 9

State Environmental Agencies. . . . . . . . . . . . . . . . . . . . . 10

Other Federal Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Other Interested Parties . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Understanding the Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

Chapter 3. Finding and Using the Right Tools in

Environmental Laws

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

Public Notice and Participation Requirements. . . . . . . . . . . .15

Public Notice and Comment. . . . . . . . . . . . . . . . . . . . . . .15

Public Hearings and Meetings . . . . . . . . . . . . . . . . . . . . . 17

Citizen Advisory Groups and Other Forms 

of Participation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18

Available Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18

Freedom of Information Act (FOIA). . . . . . . . . . . . . . . . .19

Clearinghouses / Databases. . . . . . . . . . . . . . . . . . . . . . . .20

Public Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

Facility Monitoring Data and Recordkeeping . . . . . . . . . .21

Agency Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

Local Information Repositories. . . . . . . . . . . . . . . . . . . . .23

Legal Rules and Opportunities . . . . . . . . . . . . . . . . . . . . . . .24

Standard Setting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Rulemaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Permitting and Other Approvals. . . . . . . . . . . . . . . . . . . .27

Siting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Cleanup Decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Information Gathering, Monitoring, and Inspections. . . . 31

Enforcing Environmental Laws . . . . . . . . . . . . . . . . . . . . 31

Environmental Impact Analysis . . . . . . . . . . . . . . . . . . . . 32

Legal Tools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Citizen Suits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Available Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Funding and Other Assistance for Public Participation. . .35

Other Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Program Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Appendix A - Summary Descriptions of Selected 

Environmental Statutes. . . . . . . . . . . . . . . . . . . . . . . . . . 39

Appendix B - Overview of Additional U.S. EPA 

Community Grant Programs . . . . . . . . . . . . . . . . . . . . . 83

Appendix C - Selected Other Environmental 

Justice Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Appendix D - EPA Headquarters and Regional Offices. . . . 91

Appendix E - State Environmental Agencies . . . . . . . . . . . . 95

Appendix F - List of Acronyms . . . . . . . . . . . . . . . . . . . . . . 103

Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113
chapter 1: 

Introduction to Environmental Laws and 

Environmental Justice

homes and businesses ran their air conditioners virtually

nonstop. The first new plant that will be built under the

new emergency program, according to the state air quality

director, will run using “the cleanest coal available.” The

plant will be located a short distance from your home, and

not far from where your children play. But a power company spokesman says the siting is desirable because the

available land is next to a railroad line, close to existing

industrial areas, and is inexpensive and therefore will keep

electricity rates low. 

A dozen questions run through your mind. What do

they mean by “fast-track,” and how will it affect your ability to have a say in the issue? How can they say the plant

“will be built” when this is the first you’ve ever heard of it?

How clean is the “cleanest coal available?” What will that

mean for the quality of the air you and your children

breathe, and will it make your daughter’s asthma even

INTRODUCTION TO ENVIRONMENTAL 

JUSTICE ISSUES

Environmental justice concerns arise in environmentally

burdened communities of color and low-income communities all over the country, in a large variety of settings,

involving a large number of different environmental

threats. Just to focus on two of the many possible examples of environmental justice concerns, picture the following situation in which you might find yourself: 

A headline in the morning newspaper reads: “Help on

the Way to Solve Power Crisis, New Plant Slated for [Your

Community].” The article explains that the local power

utility and the state environmental agency believe it is necessary to “fast-track” the siting of new electric power plants

in order to help prevent the power shortages that hit the

state last summer, especially during heat waves when

chapter 1 1

This handbook is a companion to a more extensive report, entitled, “Opportunities for Advancing Environmental

Justice: An Analysis of U.S. EPA Statutory Authorities” (ELI Statutory Analysis), which highlights the provisions in the

environmental laws that could be used by the Environmental Protection Agency (EPA) to promote environmental

justice. This handbook is written to be a practical guide for community residents who want to know how the environmental laws can be used to promote environment justice in their communities. It focuses on opportunities, legal

rules, and tools that community residents have under environmental laws to protect their health, the health of their

families and neighbors, and their environment.

Unlike the more extensive companion report, it is assumed that most readers of this handbook will be unfamiliar

with environmental laws and their legal consequences. To help readers follow the discussion, a glossary is provided

and a list of acronyms used in the handbook can be found in Appendix F. In addition, text boxes with page numbers

of the ELI Statutory Anaylsis appear throughout the handbook to direct the reader to the coresponding discussion

and in-depth analysis in the companion report. The companion report is available electronically at no cost from the

Environmental Law Institute web site <www.eli.org>. Click on “Publications” then “2001 Research Reports” to

obtain a copy. You can also order the report by calling 1-800-433-5120.
2 a citizen’s guide

worse? You know that air pollution in the area is already

bad, especially in the heat of summer, because the neighborhood is near a large set of existing factories, as well as

the biggest freeway in the city. And with some anger you

consider that most people in your neighborhood don’t even

own the air conditioners responsible for the “power crisis.” 

Later that day, you find yourself listening to a presentation by someone from the state Department of

Environmental Protection about a proposal to clean up a

hazardous waste site and give it to the school board for

free as the site of the new junior high school. Faced with

severe funding shortages and few good locations for new

schools, the board is obviously interested in the proposal.

The state official informs

the board that the site will

be cleaned up using the

“best available methods”

under the federal

Superfund law. She

promises that after the

cleanup is finished and

the site is covered with

clean soil, any remaining

health risks will be within

an “acceptable range,” and

assures the board that the

school district would not

be legally responsible for

any remaining risks. 

You have heard of Superfund and know that it is used to

clean up the worst hazardous waste dumps in the country,

but you didn’t know that such a site existed in your community. You begin to wonder if that explains why so many

of your neighbors have developed cancer in recent years,

and you’ve heard that many other residents have health

problems. You also know that your drinking water comes

from underground wells in the area. What are the “best

available cleanup methods,” and what is an “acceptable

range” of risk? And if the risk will really be that low, why is

the board even concerned about who will be “legally

responsible” if something goes wrong?

After hearing about both of these proposals, your mind

is filled with more questions and concerns. How do I find

out more about these proposals? How can I ever understand all the technical information the government hands

out? Does my community get the chance to give our opinion on either proposal? Who is in charge of making these

decisions? Is it too late? Has anyone considered the health

impacts of having so many potentially polluting activities

in one place? Does it matter that our children are already ill

with asthma and other respiratory problems?

Many such scenes are playing out all over the country,

raising serious environmental justice concerns. It may be a

sudden increase in illnesses among workers in a farm community, or new signs posted next to a local stream warning

people against eating fish they have caught and served on

their dinner tables for years. You might get a notice in

your water bill identifying a long list of contaminants in

your tap water but indicating that the water company is

seeking a “variance” from certain federal drinking water

standards. You may learn that the state plans to locate a

“low-level” nuclear waste facility in your town. 

Countless independent studies have concluded that

communities of color and low-income communities are

disproportionately

exposed to environmental harms and risks.

These communities are

often required to host

polluting facilities that

nobody else wants. And

often, it’s not just one

pollution-generating

facility – it’s a combination of incinerators

and waste dumps and

wastewater treatment

facilities and refineries

and factories in the

same community.

Residents may also be exposed to environmental pollutants from jobs that involve chemicals, automobile

exhaust, and reliance on contaminated fish and other

locally grown food.

One of the greatest challenges for community residents

is to focus the government’s attention on the adverse

health impacts of having multiple sources of pollution in

one community. This is commonly referred to as “cumulative” impacts (health threats coming from more than

one source which add up) or “synergistic” impacts (two

pollutants combined together that may create a toxic substance that poses a greater health risk than each pollutant

would on its own). In many cases, an environmental

agency issuing an operating permit to a new polluting

facility looks only at that one facility, and does not consider what other pollution sources already exist nearby.

Environmentally burdened communities can make sure

that the government knows all the facts about other

sources of pollution and existing health problems in the

community before a decision is made about whether to

issue a permit and about what limits on additional pollution to put in the permit.

◆ Cumulative impacts (health threats coming from more than

one source, which can add on to each other)

◆ Synergistic impacts (two pollutants combined together that

create a more toxic substance and pose a greater health 

threat than each pollutant would on its own)

◆ Sensitive subpopulations (pre-existing illness or disease in 

the community)

◆ Quality of life impacts (such as noise, odors, and traffic)

◆ Economic impacts (such as reduced property values, lost 

wages, and medical bills)

Some Environmental Concerns
chapter 1 3

A related environmental justice issue comes from the

likelihood that there are sensitive populations that are at

greater risk from exposure to pollutants. Children of color

are especially likely to suffer from elevated blood lead levels, due in large part to their exposure to lead-based paint

in older, substandard housing. Asthma is particularly high

in urban communities, which are often exposed to numerous sources of air pollution. Low-income families may be

more susceptible to adverse health effects generally as a

result of poor nutrition, poor general health, and limited

access to health care. Some communities may be exposed

to pollutants more frequently because they eat a lot of fish

or garden vegetables that grow in polluted water or soil, or

are exposed to pesticides through farm work. 

Communities that have more than their fair share of

industrial and commercial activity also can suffer a range of

social and economic effects. Community residents often

ask environmental agencies to consider quality of life

impacts such as noise, odors, and traffic, as well as economic impacts such as reduced property values, lost wages, and

medical bills.

Finally, many heavily impacted communities face challenges in participating in government decision-making

because they are not aware of available opportunities to participate. Even when they are aware of the opportunity, community residents may have difficulties participating because

of language or cultural barriers, lack of technical resources,

past exclusion, time constraints, and financial constraints.

There are many ways the government can address these difficulties, especially if you make them aware of your situation.

This handbook has been written with these unique environmental justice concerns in mind. It highlights sections

of environmental laws that can be used to support and help

advance your environmental justice goals.

HOW ENVIRONMENTAL LAWS CAN HELP YOU

TO PROTECT YOUR COMMUNITY

Environmental laws are technical and complex. But

with some research and effort, anyone can understand

the most important ideas in those laws and how to use

them – along with civil rights laws, community organizing,

and other methods – to address community health concerns and exposure to environmental harms and risks.

Environmental laws give you opportunities for evaluating

proposed projects and tools to ensure that decisions affecting your community are made properly – tools such as

access to information, public hearings, review of decisions

by higher-level officials, and legal action in court if the

rules have not been followed. Although some environmental problems will be highly technical and complex (requiring the assistance of lawyers and technical experts), knowing the basic opportunities and tools provided in environmental laws can help you make sure that government decisions consider environmental justice issues. Understanding

these opportunities and tools can also help you to get other

community members involved, and to work more effectively with lawyers and other experts.

Some of the general legal rules and tools provided in

environmental laws can be extremely useful to promote

environmental justice issues. For example: 

◆ Public notice and comment requirements: In almost 

all of the cases in which the government gives someone 

permission (a “permit”) to conduct a polluting activity, 

the public has a right to learn about those permits before

they are issued (“notice”) and to offer information and 

ideas about whether the permit should be issued, and if 

so, on what terms (“right to comment”). In some cases, 

the government must hold a public meeting at which 

people can speak about their views on the issue and 

submit more information. Citizens can provide 

information, for instance, about the high levels of 

pollution and illness already faced by their community 

or about their higher-than-average level of fish 

consumption that may affect government estimates of 

the risk posed by a polluting facility.

◆ Environmental impact statements: In some cases, the 

federal government must prepare a detailed “environmental impact statement” or “EIS” before issuing pollution permits or taking other “major” actions that may 

affect your health and safety. Those statements must 

describe fully all of the harmful effects of the proposed 

actions, and evaluate whether there are other, less harmful, ways of accomplishing the same goal (“alternatives”),

including doing nothing (the “no action” alternative). 

The public also has the right to comment in this 

process. For example, citizens can comment about the 

failure of an EIS to examine fully the impacts of siting 

the proposed project in a community that already hosts 

a high percentage of the area’s polluting facilities.

◆ Citizen suits: If you believe that either the government 

or a private party is breaking an environmental law, you 

have the right to bring a lawsuit to stop them. You may 

also be able to bring a lawsuit to require the government

to take an action that is required under the environmental

laws. Congress has made citizen suits a part of every 

major environmental law.
statute addressed all environmental threats, different laws

address different types of environmental issues (such as

the Clean Air Act for air pollution, or the Clean Water

Act for river and lake pollution). Other laws – or sometimes combinations of laws – may apply to drinking water

issues, groundwater contamination, hazardous waste sites,

exposure to pesticides and other toxic chemicals, or contaminated food sources. 

Similarly, while it would be easier if a single government

agency administered and enforced all of these environmental laws, that is not the case. In the federal (national) government, most environmental laws are implemented by

EPA. Other federal agencies (such as the U.S. Army Corps

of Engineers, the Department of Agriculture, and the

Department of Health and Human Services) also have

some role to play in implementing and enforcing all or

parts of other environmental laws. Those agencies all have

offices in Washington, D.C., but also in different parts of

the country (regional offices). In addition, many of the

environmental laws are administered jointly by federal,

state, and sometimes local government agencies, and the

roles played by each can vary depending on the law in

question. Those state and local agencies, in turn, may

operate under both the federal statute and a similar state

law or local ordinance. This handbook focuses on laws that

EPA implements.

In dealing with a particular set of environmental threats,

community residents need to identify some important initial information to get started in the right direction:

◆ What is the issue? Is your community already 

burdened with multiple polluting facilities, so that the 

cumulative impacts should be considered in deciding 

whether another factory should be built? Do you or 

your neighbors eat fish from the stream running through

your community, so that any discharges into the stream 

should protect that subsistence resource? Is there a high 

rate of asthma or other illness in your community that 

might warrant stricter air pollution rules? If you 

4 a citizen’s guide

In addition, environmental laws contain various

requirements and opportunities that can be applied to

address cumulative impacts, sensitive populations,

and other issues of concern to many communities of

color and low-income communities. For example: 

◆ Air: There is a provision in the Clean Air Act 

designed to make sure that city residents who 

already face serious air pollution problems do not 

have to breathe even dirtier air, and that requires 

air pollution to be reduced over time.

◆ Superfund: The Superfund law has a section that 

allows communities to get money from EPA to hire their

own scientists to help them participate effectively in 

decisions about the best way to clean up contaminated 

property. 

◆ Water: Some elements of the Clean Water Act (as well as

other laws such as the Clean Air Act) require the government to consider combined health effects of different 

sources of pollution. In some circumstances, the government must consider the fact that pollution levels are 

already high in your community before allowing even 

more pollution to occur. 

Federal and state government agencies can apply environmental laws to address environmental justice issues, but

you may have to help make sure that they use the opportunities to do so. Community residents are in the perfect

position to identify their concerns to the government, and

to provide the facts that can support government action to

address those concerns.

HOW THIS HANDBOOK CAN HELP YOU TO USE

ENVIRONMENTAL LAWS TO YOUR ADVANTAGE 

This handbook is designed to introduce you to some of

the ways in which the major environmental protection

laws administered by the federal EPA and state environmental agencies can be used to address environmental justice issues. The handbook will not cover all the issues that

you may face, but it can help you know what questions to

ask, and what information to collect to provide government officials with the information necessary to do the

right thing, even without the help of lawyers and technical experts.

Environmental statutes, or laws, address a wide range

of environmental harms and risks that may be faced by

your community. While it would be easier if a single

◆ Identify fully the impacts of agency actions and decisions on 

environmentally burdened communities

◆ Advocate for agency decisions that are aimed at remedying 

and preventing disproportionate impacts

◆ Ensure that communities have meaningful input in identifying impacts, making decisions and implementing environmental programs

Using Environmental Laws to Promote Environmental Justice
chapter 1 5

describe clearly what your concerns are, the government 

will be more likely to understand fully the environmental

justice ramifications of its decision. This focus will also 

help you use the legal rules and tools described in this 

handbook to your greatest advantage.

◆ Who are the key players? Who is in charge of decisions that affect the environmental threats in question, 

and what can they do? In some cases, a single government agency will be in charge of most or all of the relevant decisions. More often, different agencies are 

involved in different ways, with some having more 

authority to address environmental justice concerns 

than others. 

◆ Which of the many environmental laws apply? 

Sometimes a single statute will apply, but often some 

combination of laws will govern different aspects of a 

problem. This is important to know because one 

statute may provide more or better tools to address 

environmental justice issues than others. While you 

should certainly ask the responsible government 

officials which laws they think apply, do not rely on 

their opinions exclusively. The government staff 

person you talk to knows their own subject area (for 

example, air) and is not necessarily familiar with other

environmental laws (such as hazardous waste or toxic 

chemical) that may also be relevant to your problem.

◆ Which provisions of those laws apply to your case? 

Once the relevant laws are identified, you should search 

for two types of legal requirements. Some are designed 

specifically to address issues of environmental justice, 

but these are relatively rare. Others apply whether or 

not they involve environmental justice issues. These 

more general provisions can still help you, even if they 

were not designed with environmental justice in mind. 

Again, while you should ask agency officials which 

provisions they think apply, do not necessarily limit 

yourself to their opinions. Part of your job may be to 

convince them to take new and different approaches, or 

to use different parts of the laws that provide more 

protection to you and your community. 

◆ What are the key deadlines? Learn the time periods in 

which decisions will be made and identify opportunities 

for community involvement. This information can help

you to organize community members by letting them 

know when they can attend hearings, write letters, and 

be involved in other ways. It is also critical to know 

when you have a chance to give input, because some

times you lose your right to do so (or even to bring legal 

action later on) if you don’t speak up at the right time. 

◆ What are the likely sources of relevant information? 

Federal, state and local governments collect various types

of information that may help you learn more about the 

environmental threat you are focusing on. It could be 

information about the operation or polluting discharges 

of a specific facility in your community. It could be 

information about the general levels of pollution in your

state or community. It could be information about 

other similar facilities and the requirements that were 

contained in their permits and approvals. It could be 

research about the health effects of certain chemicals or 

the long-term effectiveness of certain cleanup technologies. Often, this is public information which you are 

entitled to review. In some cases, the government may 

be able to request that someone else provide the information you seek.

The rest of this handbook, along with information in the

appendices, is designed to help you answer these key

questions. 

HOW THIS HANDBOOK IS ORGANIZED, AND

WHAT IT COVERS 

The following chapters of this handbook will describe

some of the key aspects of environmental laws most

useful to community residents, and the tools available to

enforce them. It describes:

◆ public notice and participation rights and opportunities

◆ access to information about environmental threats

◆ the major rules about how much pollution can be 

allowed

◆ ways the government and citizens can enforce the law 

◆ funding and other resources to help you in your efforts, 

and

◆ an outline of the key “players” in environmental decisions, including who has the authority to make decisions.

Chapter 2 describes the variety of players involved in

administering and enforcing environmental laws. Chapter

3 discusses the key categories of legal rules, requirements,

and procedures that will be most helpful for promoting

environmental justice concerns, with some specific examples from federal statutes. Because a handbook of this size

cannot describe in detail each and every provision of every

law, only selected examples are given in the main text.
6 a citizen’s guide

Appendix A provides more detailed information to help

you decide which law or laws may be relevant to the specific problem facing your community. Appendix A also provides a summary of each of the major federal environmental laws covered in this handbook, as well as a chart identifying how the main sections of each environmental statute

fit within each category of legal rules and tools discussed in

Chapter 3. At the beginning of Appendix A is an explanation of how to use the chart.

The handbook also includes other appendices with

information on:

◆ community grant progrmas administered by EPA 

(Appendix B)

◆ sources of written information on environmental 

justice issues (Appendix C)

◆ how you can contact key 

federal and state offices 

(Appendix D and E) 

◆ list of acronyms used in this 

handbook (Appendix F), and

◆ glossary of terms used in this

handbook. 

As mentioned earlier, this handbook is a companion to

the ELI Statutory Analysis. That report discusses the legal

authorities for advancing environmental justice in greater

detail. Since this handbook is written specifically for community residents, it has a more practical, community-oriented focus. Any reader interested in more detail about

individual provisions of the laws should refer to the ELI

Statutory Analysis.

WHAT THIS HANDBOOK DOES NOT COVER

Because there are so many different statutes that could be

considered “environmental laws” (addressing issues

from toxic pollution to endangered species to how our

National Forests are run), it is important to understand

what is covered in this handbook, and what is not. The

statutes discussed here are those that mainly address environmental pollution – that is, contamination of air, water,

soil, or food supplies by toxic and other pollutants – and

that are administered at the national level, mainly by EPA.

This handbook does not address a wide range of other

“environmental” laws implemented by other federal agencies

(such as the Endangered Species Act, which is implemented

by the Department of the Interior’s Fish and Wildlife

Service to protect threatened and endangered plant and animal species, or the National Forest Management Act, which

is implemented by the Department of Agriculture’s National

Forest Service). It is possible that some of these other laws

may be relevant to environmental justice issues, even though

they are not addressed in this handbook.

Similarly, this handbook is designed to cover the major

federal environmental pollution laws. Each state, especially those states that have chosen to administer parts of the

federal environmental laws and programs, have adopted

parallel state laws for many of these programs. While it is

impossible to cover the many variations in each of the 50

states, it may be important for you to learn and to understand the ways in which the laws in your state may modify, add to, or strengthen the

tools you have under the

federal statutes. Likewise,

your local government, zoning officers or local elected

official may be good places

to raise environmental justice concerns.

Typically, statutes set out

the basic framework established by Congress for

addressing an environmental issue. The government

agency charged with implementing the statute then issues

regulations or rules that contain more detail than the

statutes, but that build on the statutory framework. All

the statutes discussed in this handbook and outlined in

Appendix A have extensive rules to help agency staff apply

the basic requirements to individual situations. These

rules or regulations are not included in the handbook, but

will contain many details that you will want to know as

you get more involved with a specific issue. The rules can

be found by looking up the statute you are interested in

the U.S. Code Annotated (a series of books that has all

federal laws in one place). At the end of each section of

the law, it will say which rules have been written under

that section and where to find them in the Code of

Federal Regulations (a series of books that has all federal

regulations in one place). Both the U.S. Code and the

Code of Federal Regulations are available online. For

example, the U.S. Code can be searched electronically at

http://www.findlaw.com/casecode/uscodes. Regional EPA

offices, as well as law libraries or courthouses near your

community, should also have copies.

This handbook also does not cover the government’s

responsibilities under Title VI of the Civil Rights Act (42

U.S.C. §§ 2000d to 2000d-7; 40 C.F.R. Part 7). In general, EPA must exercise ongoing oversight to ensure that

state programs and other recipients of EPA financial assis-

◆ What is the issue?

◆ Who are the key players?

◆ Which of the many environmental laws apply?

◆ Which provisions of those laws apply to your case?

◆ What are the key deadlines?

◆ What are the likely sources of relevant information?

Important Questions to Ask Before You Get Started
chapter 1 7

tance do not discriminate against people based upon race,

color, or national origin. 

Finally, the legal opportunities identified in this handbook are only one tool for communities to address environmental justice issues. This handbook does not discuss

community organizing, political activity, media campaigns,

or other ways of affecting environmental decisions. In

some cases, the law may not be the best way to address a

problem. The information in the following chapters and

in the appendices can help you decide how best to use

environmental laws to further the environmental justice

concerns in your community.
chapter 2 9

statutes addressed in this handbook. EPA plays many 

different roles under these laws, depending on the statute

or situation. It is often important to determine EPA’s

responsibilities in a particular state. Some of EPA’s major

roles and responsibilities include: 

◆ Issuing environmental rules and regulations that apply 

throughout the country. 

◆ Issuing guidance (recommendations) on how the 

environmental laws should be put into action at both 

the national and state levels. 

◆ Issuing or denying environmental permits and other 

approvals in states that choose not to do so for 

themselves (see state discussion below). 

◆ Overseeing regulations, permits, and other actions taken

by state environmental agencies and in some cases 

chapter 2: 

Understanding the Players and the Laws

As mentioned in Chapter 1, you first need to answer

two important questions to understand how the law

can be helpful:

◆ Which agencies are responsible for the key decisions that

will affect the environmental risks you are facing? 

◆ Which of the various environmental statutes apply? 

Do not assume that one agency will be able to address

your concerns. In some cases, multiple agencies at different

levels of government will be involved in different decisions

about a particular issue or project, or multiple statutes may

come into play. In other situations, one agency may have

the responsibility or authority to review, and possibly to

change or reverse, the decision of another. 

IDENTIFYING THE PLAYERS

It is essential that you make your case to the correct government officials, and that you take advantage of available

options to get help from all people that may influence a

decision. It also can be very important to know which

other people are likely to be involved in your issue, and

whether they are potential supporters or opponents. This

handbook focuses on EPA and the laws it administers. It is

important to know, however, that additional government

agencies can be involved in decisionmaking that affects

your community. The following is a list of the main governmental and other entities that are likely to be involved

in environmental decisions.

The U.S. Environmental Protection Agency (EPA)

EPA is an agency of the federal government charged with

administering and enforcing most of the environmental

Decision-Makers

◆ U.S. Environmental Protection Agency (EPA)

◆ State environmental agencies

◆ U.S. Army Corps of Engineers

◆ Agency for Toxic Substances and Disease Registry 

(ATSDR)

◆ Federal Food, Drug and Cosmetics Administration

◆ Natural Resource Conservation Service (NRCS)

◆ U.S. Fish and Wildlife Service (FWS)

Other Interested Parties

◆ Business groups

◆ Local governments

◆ Emergency planning or response officials

◆ Environmental groups

◆ Citizen groups

Key Players
10 a citizen’s guide

vetoing or amending state actions which EPA believes 

are inconsistent with, or inadequate under, federal 

environmental laws. 

◆ Enforcing environmental laws against polluters in all states.

◆ Conducting environmental research, monitoring, 

analysis, and other information collection, and 

providing the information obtained to Congress, states, 

other agencies, and the general public. 

◆ Administering grant programs that provide resources to 

states, citizens, and other groups.

◆ Planning for and supervising cleanups of hazardous 

waste sites.

◆ Ensuring that environmental justice is integrated into 

all agency programs, policies, and activities, and is 

considered in the decisionmaking process.

While EPA’s national headquarters are in Washington

D.C., it has regional offices located in ten major cities

around the country (Boston, New York, Philadelphia,

Atlanta, Chicago, Kansas City, Dallas, Denver, San

Francisco, and Seattle). EPA also maintains special facilities, such as laboratories and research centers, in other locations. Most of the major program decisions involving the

entire country are done at headquarters. Most decisions

involving individual projects or facilities are handled from

the regional offices. Appendix D includes a list of all of

EPA’s regional offices, their addresses and contact information, and states covered by each regional office.

State Environmental Agencies 

Every state has one or more environmental agency charged

with administration, at the state level, of many of the environmental laws dealt with by EPA nationally. Because the

names and authorities of these agencies vary considerably

from state to state, it is important for you to learn which

agency or agencies in your state are responsible for which

laws and programs. For example, in some states, a single

agency is in charge of all environmental programs (such as

air pollution, water pollution, hazardous waste regulation

and cleanup). In other states, different agencies – such as a

state water pollution control board and a separate air quality control board – can be in charge of different statutes

and programs. 

An important initial piece of information is whether

your state has received authority to administer any or all

programs under the national environmental laws. Some

statutes (such as the law governing pesticides use) allow

only EPA to make decisions. Others (such as laws governing air, water, and solid and hazardous wastes) allow for

states to operate the programs. 

Your state may have decisionmaking authority under

some environmental laws, but not all. If a state chooses to

have EPA administer an environmental program, key decisions about permits and approvals under that statute are

made at the EPA regional office. This does not necessarily

mean that you should ignore your state environmental

agency. The state may be able to influence EPA’s decision,

or the state may have separate state legal authority to

address your concerns, even if it does not have authority

under the relevant federal program. Under the Clean

Water Act, for example, states have the authority to amend

or reverse an EPA permitting decision, if the state believes

it would violate state water quality requirements. Since

water quality standards can be an important tool to

address environmental justice issues (such as localized contamination of fish, shellfish, or drinking water), this state

authority can be important, even when the state does not

issue the permits.

States can also elect, however, to seek “primacy” or program “delegation” for many environmental programs.

Primacy or delegation means, for most purposes, that the

state will have the lead role in running the program. To do

so, they must meet certain minimum requirements. For

example, to receive program authority, states typically

must adopt adequate laws and regulations, and prove that

they have the funding and other resources necessary to

administer and enforce the laws properly. When a state

applies for program delegation, it is a key moment for citizens to ensure that state environmental programs are strict

enough to meet their needs, and that environmental justice issues are considered properly in the state program.

Because EPA must approve each state’s program as adequate, citizens have an opportunity to identify program

weaknesses when the state asks for delegation. Citizens

can also challenge an EPA decision to approve an inadequate state program. Even after initial program approval,

EPA is supposed to monitor the state program on an

ongoing basis. Thus, citizens who believe that a state is not

administering or enforcing an environmental statute properly – for example, by failing to consider or address environmental justice concerns – can bring those issues to

EPA’s attention. They may even file petitions for state programs to be withdrawn or modified and returned to EPA

for administration and enforcement. 

Short of state program withdrawal, however, EPA has a

continuing obligation to review state permitting and other

program decisions, and often has the authority to veto
individual state decisions. For example, under the Clean

Water Act, EPA has the authority to review, veto, and reissue state water pollution permits. Thus, while in states

with delegated authority to administer environmental

laws, your primary attention should be on the responsible

state agency, you can also bring important environmental

justice and other concerns to the attention of the EPA

regional office, and ask EPA to intervene if states are

ignoring those issues. 

Regardless of whether EPA or the state has the authority

to issue environmental permits and approvals for a particular program, both EPA and the state have legal authority

to bring enforcement actions against polluters (those who

release pollutants or conduct other activities without the

required permits, or in violation of those permits). Some

recent court decisions have ruled that states cannot sue a

polluter after EPA has done so, and vice versa. But until

some environmental agency has taken action against illegal

pollution, you should raise your concerns at both the state

and federal levels. As noted below and in Chapter 3, if

neither government brings adequate enforcement action,

you can also take matters into your own hands through

citizen suits. 

Other Federal Agencies 

While EPA and its state counterparts are the principal

government agencies implementing most of the environmental pollution laws, a number of other federal and

state agencies can be important players as well, either

because they administer parts of the major environmental

laws, or because they have major influence over decisions

that are made. While you will have to identify which

other state agencies may be helpful or involved in your

own state, some of the many important federal agencies

include the following: 

◆ Army Corps of Engineers of the Department of 

Defense, issues permits to discharge dredged or fill 

material into wetlands and other waters under the 

Clean Water Act.

◆ Agency for Toxic Substances and Disease Registry 

(ATSDR), within the Department of Health and 

Human Services’ Centers for Disease Control, conducts 

health assessments at Superfund sites. 

◆ Federal Food, Drug, and Cosmetics Administration

of the Department of Health and Human Services, 

administers food safety programs under the Federal 

Food, Drug and Cosmetics Act. 

chapter 2 11

◆ Natural Resource Conservation Service and other 

agencies within the Department of Agriculture administer programs to prevent agricultural chemicals and 

other pollutants from running off into surface and 

ground water, and provide grant and technical assistance to help farmers comply with environmental 

requirements. 

◆ U.S. Fish and Wildlife Service, within the Department 

of the Interior, must be consulted by other federal 

agencies whenever an action may jeopardize the 

existence of a threatened or endangered species, and has 

the authority to veto or impose conditions on other 

federal actions that would have such effects. 

While some of these agencies have no direct regulatory

authority over environmental justice issues, they may share

your concern and may be able to help you. 

Other Interested Parties 

Community residents are not likely to be the only nongovernmental group interested or involved in a particular

environmental issue. Often one or more private or governmental organization is pushing for the development of a

project your group may think is harmful, or is seeking

weaker or less expensive cleanup requirements for existing

polluted sites. A surprising array of organizations may line

up for or against a particular proposal – including business

groups who may be affected indirectly by the decision,

local governments, or other citizen groups. One reason to

attend public meetings and hearings is to identify all of the

other groups involved in key decisions, and to learn what

their positions are. It is useful to obtain copies of attendance sheets or lists of witnesses, which may provide

names, organizations, and contact information (address,

phone, e-mail addresses, etc.). 

The following is a list of some other players who may be

involved in environmental issues and decisions: 

• Business groups can be involved through individual 

companies or through trade associations. These groups 

may represent businesses involved directly in the 

decisions at hand (such as permit applicants or owners 

or operators of contaminated sites). They also may stand

to gain from a particular government action, such as the 

construction companies who are likely to benefit from a 

new road project, or potential users of energy from a 

new power plant. Be aware, however, that business 

interests are not always contrary to those of environmental

justice groups. For example, firms that build mass transit
groups about your issues and to work cooperatively to 

meet shared objectives, even if you choose different 

methods to do so. 

• Other citizens groups may be involved in environmental

issues to address other types of concerns, some of which 

may help and some of which might hurt your position. 

For example, groups that represent physically disabled 

individuals may support mass transit over new roads for 

entirely different reasons than yours, but they may be 

allies in the issue nonetheless. On the other hand, a 

consumer group may actually support a proposed new 

power plant if it is convinced that power rates for consumers will be lower as a result. It is important to understand fully the reasons for their initial positions. If reasonable options can be presented that provide the same 

benefit to consumers, and if the group understands your 

environmental justice concerns better, it is possible that 

their initial position can be changed. 

• Faith-based groups, such as churches, may be interested

in or already be involved in environmental issues in your

community. Over the years, faith-based groups have 

played a leadership role in the environmental justice 

movement. At a local level, they may be powerful 

advocates for your position on an environmental issue 

and may be able to help find additional community 

members to work with you on a particular environmental problem.

• Academic institutions, including universities and 

colleges, around your community may be able to 

provide resources and support that could help you work 

on environmental issues in your community. For 

example, some universities have special environmental 

justice resource centers and legal clinics. You should 

check with the academic institutions near your community to see if they have such programs. Even if your 

neighboring university does not have such a special 

program, they may be able to provide support, such 

as technical assistance, if you ask them.

UNDERSTANDING THE LAWS 

It is impossible to describe all of the complex federal

environmental statutes in detail in this handbook.

Appendix A, however, includes a basic description of

each statute discussed here, what problems the law is

designed to address, and the basic mechanisms for using

the law. It also includes detailed charts for each statute,

12 a citizen’s guide

systems might agree with your concerns about building a

new freeway through an urban neighborhood, and may 

be able to help you think of better alternatives. 

• Government agencies other than those that make the 

actual environmental decisions may be involved, including state, regional, or local governments. Sometimes they

are the main project supporter (such as a state or local 

department of transportation, which may be applying 

for environmental permits to build a new road), and 

sometimes they have less direct interests. The state parks 

or wildlife department, for example, may be concerned 

if a proposed road will pass too close to an important 

wildlife area. Because different government agencies 

address so many different interests and issues, it is wise 

to think carefully about which agencies may be on 

which side of a given issue, and how you may be able to 

influence agencies that are not yet sure which positions 

to take. 

• Local governments may play a critical decisionmaking 

role. In some programs, federal or state environmental 

agencies are required to take special note of local government positions on an issue. In other cases, a project may 

require both federal or state environmental approval and

local zoning permission, meaning there may be two 

separate avenues for stopping or changing a proposal. 

Your local elected officials may also be persuaded to 

champion environmental justice issues.

• Emergency planning or response officials, at all levels 

of government (such as local fire departments), can be 

involved closely in the cleanup of existing contaminated 

sites and in the approval of new, potentially dangerous 

facilities. While often these agencies are concerned 

mainly with issues of coordination and access to the 

information they need to do their job, in some cases you

may be able to persuade them to help you get your 

concerns addressed. For example, you may be able to 

convince them that it would be very difficult or impossible to evacuate an urban area, where residents rely 

heavily on mass transit, in the event of an accident at a 

new proposed chemical plant. 

• Other environmental groups are often involved in the 

same or related issues as environmental justice groups, 

either for similar or for very different reasons. Whenever

two related groups are working on the same issue for 

different reasons, there is the potential for problems 

down the road if one group’s issues can be resolved and 

another’s are not. You may be able to educate other 
chapter 2 13

FFDCA, EPA determines the allowable level of pesticide

residue in food.

• Safe Drinking Water Act (SDWA). The SDWA has two

principal programs: regulating public water systems and 

the quality of water they provide for human consumption, and protecting underground sources of drinking 

water from contamination (known as the “underground 

injection control” or UIC program).

• Toxic Substances Control Act (TSCA). TSCA provides

a framework for addressing threats to health and the 

environment from chemical substances. Under TSCA, 

EPA has authority to screen new chemicals, test existing 

chemicals, and place restrictions on the use of chemical 

substances that pose “unreasonable” health or environmental threats.

• Emergency Planning and Community Right-toKnow Act (EPCRA). EPCRA establishes programs that 

impose reporting requirements on owners and operators 

of certain facilities that produce, store, or use toxic 

chemicals, or release them into the environment, and 

makes the reports available to the public.

• Freedom of Information Act (FOIA). FOIA ensures 

that the public has access to information in the federal 

government’s files. A member of the public can file a 

written request for information from the federal government. The government must respond within ten days 

saying how and when it will provide access to the 

documents (or stating why it will not provide such 

access). Many states have similar public access statutes.

identifying specific sections of the law that fit within

each category of legal opportunities and tools discussed

in Chapter 3. Readers interested in a more detailed discussion of the statutory sections should refer to the ELI

Statutory Analysis.

The following major environmental statutes are

addressed in the appendix, and are used as a basis for the

explanations and examples given in the next chapter. In

addressing any environmental justice issue, one of your first

tasks will be to determine which of these laws might apply: 

• National Environmental Policy Act (NEPA). NEPA 

sets up a process by which the federal government must 

evaluate the environmental impacts of any major actions

that it plans to take. 

• Federal Water Pollution Control Act (“Clean Water 

Act”) (CWA). The CWA reflects Congress’ intent first 

to control and then to eliminate all pollutant discharges 

into U.S. waters. The statute sets a “zero-discharge” goal 

for toxic pollutants.

• Clean Air Act (CAA). The CAA is the federal law 

that regulates emissions into the air from stationary 

(not able to move) and mobile (able to move) sources in 

order to protect public health and decrease air pollution.

• Resource Conservation and Recovery Act (RCRA).

RCRA is the primary federal law regulating the 

management and disposal of solid and hazardous waste. 

Subtitle C of the statute creates a complex system 

designed to manage hazardous waste from its creation, 

through its transportation, to its ultimate disposal. 

Subtitle D of RCRA includes planning requirements 

and technical criteria for building municipal solid waste 

(garbage) facilities.

• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA (also 

known as “Superfund”) was enacted in 1980 to address 

the cleanup of sites where hazardous substances have 

been released into the environment or where there is a 

substantial threat that hazardous substances will be 

released into the environment.

• Federal Insecticide, Fungicide, and Rodenticide Act 

(FIFRA) and Federal Food, Drug, and Cosmetic Act 

(FFDCA). FIFRA and FFDCA together provide the 

framework for pesticide regulation in the United States. 

Under FIFRA, EPA is responsible for regulating the 

manufacture, labeling, sale, and use of pesticides. Under 
Public Notice and Comment

See ELI Statutory Analysis pp. 55-61, 64-65 for further details.

As a general but very important rule, government agencies

are not allowed to make final decisions about polluting

activities – whether in the form of regulations, permits, or

other actions – without providing the public with reasonable notice and an opportunity to comment. The public

can comment through letters, reports by experts, and in

other ways. If an agency makes an important decision

without providing proper public notice and an opportunity

for comment, that alone may be a valid basis to challenge

the decision legally. 

This general requirement to provide notice to the public

and an opportunity to comment applies to all federal agencies under a law known as the Administrative Procedure

Act. However, specific provisions of the environmental laws

also require public notice and comment, and some of

those provisions invite comments addressing environmental justice issues in particular. 

Public notice can come in many forms. Federal agencies like EPA often are required to publish notice of their

proposed actions (along with information on when,

where, and how the public can comment) in a daily publication called the “Federal Register.” Copies of the Federal

Register are available in many public libraries and online.

Because the Federal Register covers every federal agency

(from EPA to the Post Office) and literally thousands of

specific actions every day, it is not an easy tool for most

citizens to use to learn about actions that affect local communities. Many states have similar publications to advertise actions by state environmental and other agencies.

Many types of actions and decisions also must be publicized in a newspaper of “general circulation” in the community, usually the major daily newspapers. This is most

likely found in the “Legal Notices” or “Classifieds” section

chapter 3 15

INTRODUCTION

This chapter discusses categories of legal rules and tools

that are included in one or more of the environmental laws, with some specific examples of provisions that

show how the rules and tools can help community residents concerned about environmental justice. This handbook provides only a brief introduction to the types of

legal rules and tools available in environmental laws to

promote environmental justice. 

Once the basic types of legal provisions are understood,

they can be applied in any situation using different environmental laws, as appropriate. Appendix A includes

detailed charts identifying specific provisions of each

environmental statute that fit within the same categories

of legal requirements described below. Readers interested

in a more extensive analysis of environmental justice

opportunities found in environmental laws should read

the ELI Statutory Analysis. References to the page numbers for general topics discussed in Part A of that publication are included in the following discussion. Specific

statutory provisions are discussed in more detail in Part B

of the ELI Statutory Analysis. 

PUBLIC NOTICE AND PARTICIPATION 

REQUIREMENTS

An important initial task is to make sure you know what

decisions and what events that affect your community

have happened, or will occur, and when you have your

chance to say something. The public notice and participation requirements of various environmental laws are

extremely important in this early education process.

They include public notice and comment requirements,

opportunities for public hearings and meetings, and citizen advisory groups. 

chapter 3: 

Finding and Using the Right Tools 

in Environmental Laws
16 a citizen’s guide

of your local paper. The specific notice requirement

in the relevant law or regulation will help you learn

where notices are required to be given. 

Obviously, keeping track of all possible decisions

about an issue by all of the agencies involved can

require a lot of attention. One way to make your job

easier once you know about a particular issue or set of

issues you want to track, and to avoid the time-consuming job of looking for newspaper or other notices,

is to ask the responsible agencies to put you on a

mailing list to receive copies of all public notices relevant to those issues and decisions. You can do this by

calling the proper officials, but it is better to do it in a

letter. Keep a copy so you can prove later that you

did make the request and complain if the agency does

not keep you fully informed. 

The importance of taking advantage of these public

notice, and especially comment, opportunities cannot

be overstated. First, in many cases public officials cannot make informed decisions about your community if

they do not know about your concerns and if they do

not have the necessary information. For example, state

water quality officials may be inclined to write water

quality standards based on the “average” amount of fish

eaten by most citizens. If you can provide information

about higher amounts of fish caught from local polluted streams for subsistence purposes, you may be able to

convince them to set stricter standards. An agency may

assume that no one swims in particular waters because

there is no public “beach,” but you may know that

local children swim or wade there every summer to

keep cool. Similarly, if an agency does not know that

many people in your community have asthma or other

respiratory illnesses, they cannot take that into account

in deciding whether to allow more air pollution in your

area. Your community could begin tracking patterns

of illness and disease to make it easier to provide useful

information to the government when you need it. 

Even if the agency ultimately makes a decision that

you do not like, you are often not able to raise issues or

to present information in court if you did not bring the

information to the agency’s attention before the decision was made. Therefore, providing extensive comments during the public comment period is essential. 

You may also be able to improve the way that citizens

are informed about existing or proposed new environmental risks. For example, you may find out that notices are

published in the major daily newspaper, which is published

only in English. If there is a large population of individuals who read a Spanish or other language community newspaper, you can request agency officials to provide bilingual

notices in publications designed to reach more of the community at risk. Similarly, you can ask that public service

notices be sent to television and radio stations broadcast in

languages other than English. Even if language is not the

issue, you may know that some parts of the population

affected by environmental justice issues do not get their

news from the newspaper. Many agencies have community

involvement offices you can meet with to make sure that

the right information gets out to affected communities in

the right ways at the right time.

◆ Major Federal Action (NEPA): When an environmental impact 

statement (EIS) is prepared before an agency reaches a final 

decision on a “major federal action,” public notice is required at 

several stages, including the initial “scoping” of issues to be 

addressed in the EIS, issuance of the draft EIS, and when the 

final EIS is issued. 

◆ Water (CWA): Notice and an opportunity for public comment is 

required before a state, EPA, or the U.S. Army Corps of Engineers

issues a permit for a new source of water pollution, or a 

renewed or revised permit for an existing pollution source.

◆ Air (CAA): An opportunity for public notice and comment must 

be provided before the federal government enters into a 

settlement agreement for air pollution violations, as is required 

under several environmental laws.

◆ Hazardous Waste (RCRA): Notice and an opportunity for public 

comment is required before a state or EPA issues a permit to 

treat, store, or dispose of hazardous waste. 

◆ Superfund (CERCLA): In the Superfund program, the public is 

entitled to notice of the proposed cleanup alternatives in a 

“major local newspaper of general circulation,” and an 

opportunity to comment on those proposed methods. 

◆ Pesticides (FIFRA/FFDCA): EPA must provide notice and an 

opportunity for comment whenever it receives an application to 

register a new pesticide or a new use for an existing pesticide. 

◆ Drinking Water (SDWA): The state or EPA must provide notice 

and an opportunity for comment before granting a public 

drinking water system a variance (exception) from a safe 

drinking water standard, or issuing a permit for an underground

injection well. 

◆ Chemical Substances (TSCA): EPA must provide public notice 

and an opportunity for comment before it regulates chemicals 

that pose an unreasonable threat.

Examples of Public Notice and Comment Provisions 

in Environmental Laws
chapter 3 17

Public Hearings and Meetings

See ELI Statutory Analysis pp. 55-61, 64-65 for further details.

Environmental laws often require or allow public testimony on important decisions to be taken at public

meetings or public hearings. In some cases, opportunities for public hearings or meetings are provided

automatically. In others, they are held only if enough

people show community concern or interest. If it is

not clear, and if you believe that having a public hearing is a useful way to organize community involvement and to make your case to the agency, you should

always request that a hearing be held (again, preferably in writing and keep a copy of your requests).

Your state may have specific requirements for requesting a public hearing, which you can find out by calling your state environmental agency. (See Appendix E

for the phone number.)

There are several types of public events conducted by

environmental agencies. A public “meeting” or “open

house” may be designed as an opportunity for the public to learn more about important environmental issues

or upcoming decisions, as opposed to an opportunity

to testify or to present evidence. These meetings may

include presentations by agency officials and tables with

documents and literature about a project or issue. They

provide a chance to ask questions in a more informal

setting. It is useful to bring a specific list of information you need, and to make sure you get it or find out

where to get it later. In some cases, agencies will allow

community groups to set up tables or displays to distribute literature or to present positions on an issue,

and to collect names and contact information of other

sympathetic people who attend. Public meetings can

therefore be a useful community organizing event, as

well as an important source of information. 

Other types of public meetings are known as “hearings,” and come in two general forms. The first is an

informal hearing at which any member of the public

may speak about a particular issue or decision currently before the agency. As with public meetings, these

forums provide an excellent opportunity to organize

community support for, or opposition to, particular

decisions. You can provide the agency with the arguments and supporting information needed to influence

the decision, or to set the stage for later strategies and

actions. In some cases, the agency may conduct more

formal hearings that resemble trials before judges,

where witnesses are sworn and evidence is considered

using formal rules of evidence and procedure. It is likely that citizen groups will need an attorney to help

them with this type of hearing, although in many cases

◆ Major Federal Action (NEPA): The agency proposing a major 

federal action must hold a public hearing or meeting where

substantial environmental controversy exists concerning the 

proposed action.

◆ Water (CWA): A public hearing is required whenever states 

review and revise their surface water quality standards (required

every three years), which include the uses for which rivers, lakes, 

and other water bodies will be protected (such as fishing or 

swimming), and the water quality needed to protect those uses.

These hearings provide an opportunity to argue that subsistence

fishing or other uses of concern to community residents should 

be protected. 

◆ Air (CAA): A public hearing should be held when a draft permit 

is written for a new or modified air pollution source, at which 

community residents can voice their concerns. 

◆ Hazardous Waste (RCRA): EPA must hold a public hearing if 

it receives written notice of opposition to the issuance of a 

hazardous waste treatment, storage or disposal permit.

◆ Superfund (CERCLA): One or more public hearings or meetings 

are required in the community affected by a proposed cleanup 

of a Superfund program site. These hearings are an important 

part of local residents’ communication with the government and

property owners. At a public hearing or meeting, community 

residents can give their views on how much risk the community 

should face during and after the cleanup, and the potential uses 

of the site in the future. 

◆ Pesticides (FIFRA/FFDCA): When EPA proposes to cancel or 

modify the approval of a pesticide, any person “adversely 

affected” by the proposal may request that a public hearing be 

held. Other “interested persons” may participate in those 

hearings as well. These hearings are one example of trial-type 

hearings with witnesses and are run according to formal rules of 

evidence. They may be of particular interest to farm workers or 

others who are affected by pesticide uses. 

◆ Drinking Water (SDWA): Public hearings are required before a 

state can issue an exemption from a SDWA standard or 

treatment requirement, which requires a showing that there 

will be no “unreasonable risk to human health.” 

Examples of Public Hearing and Meeting Provisions 

in Environmental Laws
concerned citizens have learned enough about agency

hearing practices to participate effectively without

lawyers. 

Whatever type of public meeting or hearing is conducted or required, it is very useful (if not essential)

for you to know the ground rules in advance. This is

information you should be able to obtain by calling

the agency holding the event. For example, in some

cases, members of the public must sign up in advance

in order to testify, or are limited to specific time periods. It is frustrating to prepare ten minutes of testimony only to learn that each speaker is limited to five, or

to miss the chance to testify altogether. In other hearings, people are heard on a first come, first served

basis, in which case it is very useful to arrive early. 

Citizen Advisory Groups and Other Forms 

of Participation 

See ELI Statutory Analysis pp. 60-61 for further details.

EPA and some states are using more flexible

approaches to making certain environmental decisions. These procedures are designed, in part, to help

interested community members get involved in a

decision early in the planning stages and to take part

in developing and reviewing alternative approaches.

Site-specific citizen advisory groups or similar informal problemsolving groups are not required under

any environmental statutes, but have been authorized

in some cases by policy.

The federal defense agencies (like the Air Force) have

also implemented policies requiring technical review committees or citizen advisory boards to be created as a way of

getting community input on hazardous waste cleanup decisions. The advantages of this type of process are not limited to hazardous waste issues. In some places, corporations

have created citizen advisory groups around an operating

facility to improve communications with the community,

and to ensure that the company is aware of issues of concern that may not be directly addressed by environmental

laws and regulations. You may be able to persuade the government or private industry in your community that creating this type of group would be helpful for better communication and better decisions.

Being involved in a citizen advisory group or other

informal problem-solving process is one way to make other

people aware of issues of particular concern to your community. This type of process is successful when it involves

people who represent all potentially affected interests.

Members of the group educate each other about what is

important to them and explore the types of decisions or

actions that can be taken to address everyone’s concerns. 

18 a citizen’s guide

◆ Drinking Water (SDWA): States should establish technical and 

citizens’ advisory committees to assist them in developing their 

underground injection control programs.

◆ Air (CAA): Any board or group that approves CAA permits or 

enforcement orders must have at least a majority of members 

who represent the public interest and who do not earn a signifi

cant portion of their income from anyone regulated under the 

CAA. Most states have an Air Quality Board of some kind.

◆ Hazardous Waste (RCRA): EPA’s Expanded Public Participation 

Rule requires that applicants for a hazardous waste permit have 

at least one informal public meeting with the affected community

before the permit application is submitted to the agency. In 

addition to opening a dialogue with the facility, community 

residents can take this early opportunity to gather information 

about what the facility’s plans are.

◆ Superfund (CERCLA): Community advisory boards or groups 

(CABs) have been created at some Superfund sites, although 

they are not required by the law. CABs should include a representative from each major segment of the community surrounding the Superfund site, and should meet regularly to give input 

on the investigation and cleanup process. 

Examples of Citizen Advisory Groups and Other Forms of

Participation Provisions in Environmental Laws

Some environmental statutes also require that someone

from the “general public” or the community be a part of

advisory groups that help the government set policy or

make other decisions. The issues considered by these types

of advisory groups are usually more regional or national in

scope (not necessarily specific to your community), but they

provide a potentially important opportunity for environmental justice concerns to be expressed and considered in

government decisions. Participating in such advisory groups

also allows you to network with other communities that

share similar concerns or have experienced similar problems.

AVAILABLE INFORMATION

Environmental laws require the government, along with

industry and others regulated by those laws, to collect

many different kinds of information, and make much of

it available to the public. Some of the information is about

general environmental and health issues on a national or

regional basis. Some of the information is about specific

facilities or operations that are regulated under these laws,

and their impact on the environment. 
It is said that “information is power.” A surprising

amount of information is publicly available to help community residents learn about potential environmental

issues in their communities, and to provide factual and

technical support for their concerns. What is needed is

the time and energy to find the information, read it, and

figure out how it can help you. 

This section describes the categories of information to

look for. Because all of the many details about where to

find this information cannot be provided in a handbook

of this size, you should ask the relevant government agencies where to find the specific information you need or, if

necessary, submit an appropriate FOIA request. (See summary in the next section.) If the information you seek

does not seem to be available, check the legal tools in

Section 3 (information gathering subsection) to see if the

government can require someone to gather or create it, or

if the government can require it to be made available to

the public.

Freedom of Information Act (FOIA) 

(and similar state laws) 

While not an “environmental” statute, the federal FOIA is

an extremely valuable tool to get important documents and

other information about environmental issues from federal

government agencies. You do not always need to use FOIA

as your first attempt to gather information. In many cases

(discussed below), relevant information is automatically

available to the public under provisions of various environmental laws without having to make a formal FOIA

request (and then having to wait for a formal government

reply). In other cases, you can get the information you

need simply by calling or visiting the appropriate agency

offices. If you have any reason to believe that all of the relevant information is not being made available, however,

FOIA is a useful method to make sure, or at least to identify documents that have been withheld. 

To use this tool, all you need to do is write a letter to

the agency indicating that you are making a request under

FOIA (it is helpful to use the formal citation to the

statute in your letter: 5 U.S.C. § 552), specifying the

information or category of information you need, and

requesting a waiver of copying charges, if appropriate.

(Please see the following web site for further information:

http://www.epa. gov/foia/.) Always keep a copy of FOIA

requests along with every response you receive. By law,

the government is required to respond within a relatively

short time (ten business days unless the agency can show

that an additional ten days are needed due to “unusual

circumstances”), either by providing the requested information or by explaining why documents will be withheld.

The statute and court cases define the circumstances in

which the government is entitled to keep documents from

public view. You should not try to anticipate those exceptions in advance, however, because sometimes the government simply chooses to waive or ignore those “privileges.”

Ask for what you need, and see how the agency responds.

Even when the government withholds documents, it is

required to identify each document being withheld specifically, and to explain why it believes it is entitled to keep

it confidential. Armed with this index of documents

being withheld, you can decide whether to file an appeal

of the decision or to bring a lawsuit in federal court (matters beyond the scope of this handbook, and which may

require legal help).

While people who use FOIA get better at writing letters with practice, and while this handbook cannot

serve as a complete guide to making FOIA information

requests, a few quick hints may be useful. In some

cases, you will know exactly what you need, in which

case you should describe that information as specifically

as possible so that you get what you actually want, and

not just something similar. In many cases, however, you

simply want to identify and review all of the information an agency has about a particular issue of concern.

In those cases, you need to describe the subject matter

of your request broadly enough to cover your needs,

but not so broadly that the agency will be unlikely to

cooperate fully (because the request is so difficult to

answer), or that you get “the kitchen sink” back in the

form of boxes and boxes of documents that may or may

not be helpful. If you know the particular office or

official where the documents you need are located,

address your request to that office. If not, address it to

the “Freedom of Information Act Officer” at the proper

agency address. (See contact information in Appendices

C and D.) If multiple offices of the same agency, or

multiple agencies, have relevant information, it may be

wise to send requests to all of them to make sure you

get a complete response. 

It is also critical to know that federal agencies normally

are allowed to charge members of the public fees for

copying relevant information, with one very important

exception. The statute specifically requires agencies to provide information without charge or at a reduced fee (usually the former) “if disclosure of the information is in the

public interest because it is likely to contribute significantly to public understanding of the operations and

activities of the government and is not primarily in the

commercial interest of the requester.” Environmental justice groups and community residents should include in all

FOIA request letters a paragraph describing the requesting organization or individual, why the information is

chapter 3 19
20 a citizen’s guide

needed, and how it will be used for the public interest and not commercial purposes. Where appropriate, you should also include how it will be used to

educate your members or the public at large about

environmental justice issues and environmental

issues in general. If the government office containing the information you have requested will not

waive copying charges, ask them what the charges

will be before they make any copies. You want to be

able to decide whether to spend the money on copying or something else.

FOIA itself is limited to federal government

agencies (along with certain “extensions” of the federal government, such as private consulting firms

doing work for them). However, most states have

similar statutes that apply to state, and sometimes

local, agencies. You will need to identify the FOIAtype laws in your state, and how they may differ

from the federal statute. Similarly, under many of

the requirements for delegation to states of the federal environmental programs discussed in this

handbook, states are required to make certain types

of environmental information (such as pollution

data collected under air and water quality permits

and information about environmental violation)

available to the public.

Clearinghouses/Databases

See ELI Statutory Analysis pp. 62-64 for further details.

Various environmental laws require EPA to create

and maintain central clearinghouses or databases.

Some of these central repositories are an effort to

collect similar information from around the country

in one place. Others contain data and information

that EPA uses to make policy decisions. The information contained in clearinghouses and databases is

generally available to the public and often accessible

by internet. If easy access is not provided, copies

should be available in accordance with FOIA

requirements (see previous section). The information in clearinghouses and databases can be helpful

in finding out whether similar situations to yours

exist (in terms of health impacts, or types of discharges or emissions), and how they have been dealt

with. They also often contain information gathered

nationally, which the regional EPA offices may not

have considered in any detail. You may be the only

one who will ever review this information from your

local perspective, and any relevant data that you find

and make the government aware of could be useful

to their decisions.

◆ Water (CWA): EPA, in cooperation with states and other federal 

agencies, maintains an online Index of Watershed Indicators site 

(also known as “Surf Your Watershed”), which provides detailed 

information about local watersheds around the country. 

Information about specific watersheds can be identified by 

clicking on a series of increasingly detailed maps, and includes a 

wide range of data and other information about watershed 

health and environmental threats. You can find out about 

which waters are impaired and undergoing restoration efforts; 

the identity and location of facilities that release toxic chemicals 

and what they release; the identity and location of Superfund 

sites, hazardous waste sites, community water sources, and 

permitted sources of air and water pollution; and the identity of 

other local citizen groups. http://www.epa.gov/iwi/

◆ Air (CAA): EPA maintains an air toxics clearinghouse containing 

technical information on control technologies, risk assessments, 

monitoring and modeling, and emissions measurement 

techniques. http://www.epa.gov/ttn.atw. EPA has developed a 

National Urban Air Toxics Research Center which will undertake 

relevant medical research.

◆ Superfund (CERCLA): EPA maintains a listing of all contaminated

federal facilities, which is published every six months. It includes

information about the extent of contamination at federal 

facilities and the progress of investigation and cleanup activities.

◆ Pesticides (FIFRA/FFDCA): EPA, in conjunction with the 

Department of Agriculture, maintains a database containing 

annual reports on agricultural and non-agricultural pesticide 

use. http ://www.ams.usda.gov/science/pdp/index.htm

◆ Drinking Water (SDWA): EPA maintains a national database 

of the occurrence of contaminants in public drinking water 

systems, whether or not they are regulated. This information 

could be used to determine whether contaminants found in 

your drinking water supply are unique to your community or 

more commonly found.

◆ Chemical Substances (TSCA): EPA sponsors the National Lead 

Information Center, which contains information on adverse 

health effects, sources of exposure, and abatement and cleanup 

options for lead-based paint and other lead-related hazards. 

http://www.epa.gov/lead/nlic.htm

◆ Toxic Chemicals (EPCRA): The Toxics Release Inventory (TRI) 

contains data submitted to EPA annually about a facility’s 

releases of toxic chemicals into the environment. This is an 

excellent source of information about chemicals that are present

in your community, and gives some approximation of cumulative

exposures. http://www.epa.gov/tri

Examples of Clearinghouse/Database Provisions in

Environmental Laws
Public Education

See ELI Statutory Analysis p. 64 for further details.

Some environmental statutes require EPA to develop

materials or information to educate the public at large

about health or environmental issues. Community

residents can use this information to educate themselves and their communities on relevant issues. As

with clearinghouses and databases, some of this public education material can also help you identify

potential environmental risks in your community.

These materials should, by definition, be available to

the public. You should ask your regional EPA office

where to find this information if you think it might

be helpful to you, or if necessary, file a FOIA request,

as discussed earlier.

Facility Monitoring Data and Recordkeeping

See ELI Statutory Analysis pp. 42-43 for further details.

Virtually every environmental permit requires the

permittee (person holding the permit) to maintain

records about their compliance with the permit’s

requirements, and often to conduct periodic monitoring of any discharges or emissions into the environment to ensure that they meet all standards set in the

permit. Depending on the permit, the permittee may

keep these records or monitoring data at their facility,

or they may be required to submit them periodically

to EPA or a state environmental agency. Once the

information is submitted to EPA, it should be publicly available at agency offices, and if not, through

FOIA, as discussed earlier. For information which the

permittee retains on-site, such as emergency planning

documents, you can make a request directly to the

permittee. Although permittees are not legally

required to provide the information to you directly,

they may decide to do so voluntarily.

In addition to providing interesting information

about permitted operations within your community,

a facility’s monitoring data and recordkeeping can

provide the basis for legal action to enforce violations

of environmental laws. For example, if a facility’s

monthly water discharge monitoring reports

(DMRs) show that its water discharge exceeds the

pollutant limitations found in the permit, this could

support an enforcement action by the government or

concerned citizens. Likewise, if a permitted facility

does not submit its DMRs on time, or at all, this also

could support an enforcement action, an assessment

of civil penalties by the government, or an enforcement action by concerned citizens.

chapter 3 21

◆ Air (CAA): States notify the public annually about which areas in

the state have exceeded national ambient air quality standards 

in the past year. Notice can be provided in a variety of ways, 

including warning signs, TV, radio, or press notices.

◆ Superfund (CERCLA): The Superfund statute anticipates that 

facilities that release hazardous substances into the environment

will provide notice to any person potentially injured by the 

release. In some circumstances, EPA itself provides public notice 

of hazardous substance releases in local newspapers.

◆ Superfund (CERCLA): ATSDR maintains a list of toxicological 

profiles for hazardous substances found at Superfund sites. 

http://www.atsdr.cdc.gov/toxpro2.html

◆ Pesticides (FIFRA/FFDCA): Worker protection statements and 

instructions for safe use must appear on pesticide labels. 

◆ Drinking Water (SDWA): Community water systems (those 

serving 25 or more year-round customers) must mail an annual 

report to their customers outlining the level of contaminants 

in the drinking water system. 

◆ Chemical Substances (TSCA): EPA has developed various lead 

hazard information booklets, some of which are revised 

periodically. http://www.epa.gov/lead/403FS01.pdf and 

http://www.epa.gov/lead/leadpbed.htm

◆ Toxic Chemicals (EPCRA): Local Emergency Planning 

Commissions provide annual public notices in the local newspaper identifying where the public can view information 

submitted by facilities within the community about the toxic 

chemicals they use or store on-site, and where they can review 

emergency response plans.

Examples of Public Education Provisions in 

Environmental Laws
Agency Inspections

Most environmental permits grant the issuing agency

the authority to enter the permitted facility to inspect

whether the operation is being conducted in compliance with the permit’s requirements. This usually

includes the authority to take samples. In addition to

giving you information about whether the permitted

facility might present a health or safety threat to your

community, inspection results can form the basis of

government or citizen enforcement action. 

Government inspection reports are public documents. However, the agency may be able to withhold

them if they fall under the exceptions to FOIA (for

example, if they would interfere with enforcement

actions, prevent fair trials, or disclose confidential

sources). Facility inspections may provide community residents many greater opportunities, however,

than the information provided in the inspector’s written reports. The possibility exists that agency inspectors will allow a concerned citizen to accompany

them on a facility inspection, and you should feel free

to ask for that opportunity. Whether or not you can

accompany the inspector, you may be able to get part

of any samples the inspector takes (called split samples) for you to have analyzed in a lab of your choosing (and at your own cost). Also, there is the possibility that an agency or a permittee will grant concerned

citizens the right to conduct facility inspections on

their own (without the government coming along).

While these citizen inspection possibilities are not

guaranteed, and may be rather unique, there is no

harm in asking. Any information you gather during

an inspection that you participate in would be available for your use.

Virtually every statute that provides for issuing

permits includes some inspection authority. These

are identified in the statutory summaries in

Appendix A under the heading “Available

Information . . . Agency Inspections.”

Reporting

See ELI Statutory Analysis pp. 43-45 for further details.

A previous section described a permittee’s obligation

to maintain records and monitoring data, and in

some circumstances to report that information regularly to the permitting agency. Several environmental

statutes require facilities, even those without permits,

to report information that will help the government

protect public health (usually reports of spills and

accidental releases of oil and chemicals) or that will

22 a citizen’s guide

◆ Water (CWA): Facilities that receive permits under the CWA 

must monitor their discharges to waterways, and keep records of

whether they are meeting the pollutant limits set in the permit. 

Monthly DMRs, which contain the self-monitoring results, should

be sent by the facility to the permitting agency. Quarterly NonCompliance Reports (QNCRs), which identify each day on which 

the pollutant limits of the permit were not met, should also be 

sent by the facility to the permitting agency.

◆ Air (CAA): Facilities wanting to locate in an area that is currently

meeting national air standards must monitor ambient air quality

for a specified period of time and submit the monitoring data 

with their air permit application. The ambient air monitoring 

data must be made available at the public hearing held on the 

permit application.

◆ Air (CAA): Solid waste incinerators must monitor their air 

emissions, and make the monitoring results available for public 

inspection and copying during business hours.

◆ Air (CAA): Facilities that emit hazardous air pollutants into the 

air must develop a risk management plan to reduce the possibility

of accidents. Potential consequences of hazardous air pollutants

moving across the facility property line must be considered. The 

risk management plans should be made available to the public 

at the facility during business hours.

◆ Hazardous Waste (RCRA): The movement of hazardous waste 

must be documented on a manifest form. The form is signed by 

the generator of the waste when the waste is given to the transporter, by the transporter when it accepts the waste, and by the 

ultimate disposal facility when it receives the waste. All entities 

handling the hazardous waste during its movement must 

maintain copies of the manifest.

◆ Superfund (CERCLA): EPA can require a property owner to 

provide information or conduct monitoring about releases or 

threats of releases of hazardous substances on their property.

◆ Pesticides (FIFRA/FFDCA): Certified applicators of restricted-use 

pesticides must maintain detailed pesticide application records. 

These records are available to federal or state agencies on 

request.

◆ Drinking Water (SDWA): Public water systems must regularly 

sample their systems for the presence of unregulated contaminants. Users of the water system must be notified of the sampling results.

◆ Chemical Substances (TSCA): Manufacturers and processors of 

chemicals must keep records of any significant adverse reactions 

allegedly caused by the chemical or any mixture containing that 

chemical. EPA may request such records from the manufacturer 

or processor.

Examples of Facility Monitoring Data and Recordkeeping

Provisions in Environmental Laws
chapter 3 23

inform the surrounding community

about how much potentially polluting

material is found and where. This second type of information can and should

be used by state and local governments,

including fire departments, to develop

community-wide emergency response

plans to protect their citizens from

potential health effects in the case of a

catastrophic occurrence in the community (such as a facility fire or a tornado

or hurricane).

All information provided in these

types of reports can be used by community residents to develop an understanding of the various ways in which

community members may be exposed

to harmful substances, to advocate for

better emergency response plans and

requirements (including adequate public notice in the event of an accident or

release), and to support arguments that

the cumulative impact from multiple

sources must be considered in any

given decision. Collecting this information and putting it into an environmental justice context may help government decision makers, who have

access to the same information but

probably do not look at it with the

same local focus that you do.

The types of reports covered by this

section should be publicly available

under the specific provisions of environmental statutes (or FOIA) since

they are information submitted to a

government agency (although there are

limited exceptions for trade secrets and

other confidential business data). If

this handbook does not identify how to

access a specific report that you are

interested in, it would be best to ask

the agency that is supposed to receive

the report about how and where to get

it. Some reports may provide information that could be particularly helpful

in assessing cumulative exposures.

Local Information Repositories

The Superfund statute requires public

information about a Superfund cleanup

◆ Water (CWA): States report to EPA every two years about the state of water 

quality within their state, and the progress being made to meet water quality 

goals. This information can be useful to see if there are disproportionate 

water quality impacts within the state.

◆ Air (CAA): Facilities operating under a Title V CAA air permit must monitor 

their air emissions and promptly report any deviations from permit requirements, the probable cause of the deviation, and any corrective action taken 

to address or prevent the deviation.

◆ Hazardous Waste (RCRA): Generators of hazardous waste must file reports 

with EPA or the state every two years that describe how much hazardous 

waste they have generated, how it was disposed of, and what waste 

minimization program they have in place. 

◆ Superfund (CERCLA): Under Superfund, anyone who releases more than a 

“reportable quantity” of hazardous substances into the environment must 

immediately notify emergency officials that a release has occurred. The oral 

notification must be followed up with a written notification. 

◆ Pesticides (FIFRA/FFDCA): Certified pesticide applicators must file reports with

the state or EPA describing where and when they applied which pesticides.

◆ Drinking Water (SDWA): Community water systems (those serving 25 or 

more year-round customers) must mail an annual report to their customers 

outlining the level of contaminants in the drinking water system. All public 

water systems must notify their customers when they violate applicable 

requirements or find unregulated contaminants in the drinking water. Notice 

must be given to customers within 24 hours if there is potential for serious 

adverse health effects from short-term exposure.

◆ Drinking Water (SDWA): Public water systems file annual reports with EPA 

and the state about violations of the SDWA during the past year. 

http://www.epa.gov/safewater/dwinfo.htm

◆ Chemical Substances (TSCA): Facilities that manufacture or import toxic 

chemicals must submit annually a form that contains information about how 

much of the chemical was produced, how much was lost to the environment 

during production, the number of releases to the environment, and the 

number of workers exposed during releases. These “PAIR” forms can be 

reviewed through EPA’s TSCA docket (202-260-7099).

◆ Toxic Chemicals (EPCRA): Facilities that store or use toxic chemicals must 

notify the State Emergency Response Commission and/or the Local Emergency 

Planning Commission, which will develop emergency plans on the basis of this

information. Facilities must also submit chemical-specific information to the 

state and local emergency planning entities, average daily amounts of the 

chemicals on-site and reports of any toxic chemical releases. A listing of 

State Emergency Response Commissions can be found at 

http://www.epa.gov/ceppo/serclist.htm. A list of Local Emergency Planning 

Commissions can be found at http://www.epa.gov/ceppo/lepclist.htm.

Examples of Reporting Provisions in Environmental Laws
24 a citizen’s guide

to be maintained near the Superfund site in a “local

information repository.” This is usually at a library,

which sets aside a shelf (or more) to hold the many

documents that are generated in the course of investigating the environmental conditions at the site, the

possible cleanup alternatives, and the selection of the

cleanup alternative that will be implemented. The

information in a local repository should be indexed.

Keeping public information at a location within

the community, rather than at the EPA regional or

state agency offices in some other city, can help community residents maximize their involvement in the

decisionmaking process. Not only is there less travel

time and cost for getting the information, you can

spread the work load by having more than one person involved in reviewing the information.

Community residents can ensure that local repositories fully meet the purposes they are designed for –

increasing community input into the decisionmaking

process – by suggesting any additional steps the government could take to make the information more understandable to the particular community affected. Suggestions might include translating some materials into different languages, or creating summaries of significant documents in less technical language. Also, if any of the public

information is in digital format, you can ask the government to select a local repository that offers free computer

access to “read” that digital information, and to provide

instructions on how to “read” it.

Even if a particular law does not require public information to be kept at a local repository, you could ask the

government (or companies) to provide a local repository

in cases where there is significant community interest

about an upcoming environmental decision. 

LEGAL RULES AND OPPORTUNITIES

The federal government makes hundreds of environmental

decisions every day. Some have nationwide impact and

some affect an individual community. No summary can

include all these decisions, and no one community resident can become involved in each one. This section on

legal rules and opportunities identifies the major types of

possible government actions and highlights particular ones

in which environmental justice concerns may be most relevant and have the greatest impact.

While most of the legal rules and opportunities discussed below are created by specific environmental

statutes, all federal agencies are also bound by an

Executive Order on Environmental Justice issued in 1994.

This Executive Order requires all federal agencies to identify and address disproportionate impacts on communities

of color and low-income communities when administering

environmental and other programs. 

When you start to think about an environmental problem in your community, you can consider which of these

types of decisions might apply to your situation, and

decide which ones will help you and your community

have the greatest impact in addressing your concerns.

Standard Setting

See ELI Statutory Analysis pp. 5-11 for further details.

Many environmental statutes authorize EPA to set standards for what pollutants or contaminants can enter the

environment in what ways and at what levels. These standards are generally set at the national level, and are applied

according to certain rules to an individual facility or situation. For example, national drinking water standards

establish the level of contaminants that makes for “clean”

drinking water (such as the recently controversial rules on

how much arsenic is allowed in public water supplies).

These national drinking water standards apply to every

water supply in the country (with some variances or

exemptions allowed). When a new public drinking water

supplier wants to get a permit and open for business, its

ability to provide “clean” water for your community will

be determined in part using these national standards. The

same is true for facilities that discharge pollutants into the

air and water. 

National standards, therefore, govern the types and

amounts of contaminants that facilities in your community

can put out into the environment. Some of the standards

have not been set yet, and many are subject to review every

Executive Order 12898 directs each federal agency to “make

achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high 

and adverse human health or environmental effects of its 

programs, policies, and activities on minority populations and

low-income populations.” Agencies must accomplish this goal

“[t]o the greatest extent practicable and permitted by law.”

The Executive Order further requires each agency to conduct 

its programs, policies, and activities in such a manner that they

“do not have the effect of” discriminating against individuals

or subpopulations based on their race, color, or national origin.

An accompanying memorandum directs federal agencies to

assure that their programs do not run afoul of the anti-discrimination requirements of Title VI of the Civil Rights Act. 

Executive Order on Environmental Justice, issued by 

President Clinton, February 1994
several years. In setting the national

standards, EPA makes many assumptions, including assumptions about

the type of lifestyle in the average surrounding community (how much fish

people eat in a year, for example), or

the nature and amount of pollutants

from other sources to which the average citizen is exposed. It is important

that communities provide EPA with

information that ensures that the

assumptions the agency uses in setting

or reviewing these standards are realistic and protective of human health.

Getting involved in national standard setting that does not immediately

affect your community may be a lot of

work for local community residents

acting alone. However, communityspecific information could in the long

run change the rules that apply to facilities in your community to be more

protective of public health and to

reflect the environmental and health

conditions that residents face on a daily

basis. National or regional environmental justice organizations, or coalitions of local groups, are therefore more

likely to become involved in standard

setting proceedings, but providing local

information and grassroots support can

help them to be successful. By becoming involved in national standard setting, local communities can also help to

prevent future unhealthy situations in

other communities.

Rulemaking

See ELI Statutory Analysis pp. 5-6 for 

further details.

The broad policies and requirements

set out in environmental laws are

made more specific through regulations; the process of drafting and finalizing regulations is often called “rulemaking.” (The standards discussed in

the previous section are also adopted

as regulations.) For example, the Clean

Water Act requires anyone discharging

pollutants into a stream to have a permit. The regulations enacted under

chapter 3 25

◆ Water (CWA): States, or where they fail to do so properly EPA, issue water 

quality standards for rivers, lakes, and other surface waters. Those standards 

identify the “designated uses” for which those waters will be protected, and 

the levels of water quality for various pollutants and other water conditions 

necessary to protect those uses (known as “water quality criteria”). 

Community residents can provide information on the actual uses of water 

bodies in their communities (such as fishing, swimming, or in some cases raw 

water consumption), which may demand more protective uses and standards. 

They can also argue for more protective water quality criteria based on 

cumulative exposure and other health factors. 

◆ Air (CAA): For a small number of the most important air pollutants that 

occur almost everywhere in the country, EPA establishes “national ambient 

air quality standards” which define how much pollution can be in the air 

from all sources combined. However, those standards must address the ways 

in which different pollutants combine and interact, provide an “adequate 

margin of safety,” and address health risks to “sensitive citizens.” Local 

community residents can work with national groups in bringing information 

relevant to those issues to EPA’s attention during these national rule makings.

The last time EPA revised its national air quality standards for two key 

pollutants, it held public hearings in different cities around the country.

◆ Air (CAA): EPA also establishes national control requirements for a much 

larger number of hazardous air pollutants, based largely on the technology 

available to control that pollution from various sources. However, as part of 

its Urban Air Toxics Program, EPA is also required to evaluate and address the 

health effects of urban pollution “hotspots,” where hazardous air pollution is 

highly concentrated in small areas, and where cumulative impacts from many 

pollutants are of concern. Because EPA has not completed this analysis 

around the country, community residents have a key opportunity to collect 

and provide EPA with information on these hotspots, and on particular health 

concerns in those areas.

◆ Drinking Water (SDWA): EPA establishes drinking water standards for public 

water systems, with maximum contaminant levels or treatment methods 

based on impacts to human health. As part of this process, EPA is supposed to

consider health threats to subpopulations that are likely to be at greater risk 

than the general population. Community residents can provide EPA with 

information about the health effects of contaminated drinking water in their 

communities, especially considering such factors as existing health problems 

and cumulative exposure to toxic materials (including those present in aging 

drinking water supply systems).

◆ Chemical Substances (TSCA): EPA has the authority to regulate the manufacture, processing or distribution of chemical substances that present an 

“unreasonable risk” of injury to health or the environment. 

◆ Superfund (CERCLA): EPA periodically revises the National Contingency Plan 

that establishes procedures and standards for responding to releases of 

hazardous substances. The plan includes methods and criteria for determining 

the appropriate extent of cleanup actions.

Examples of Standard Setting Provisions 

in Environmental Laws
26 a citizen’s guide

◆ Water (CWA): In order to implement the water quality 

standards discussed in the previous section, states or EPA

are required, for contaminated waters, to divide the 

amount of pollution that is allowed among various 

pollution sources (a process known as “total maximum 

daily loads,” or TMDLs). Because this rulemaking process

dictates where higher amounts of pollution may be 

released into a particular water body, community participation may be important for raising concerns about 

disproportionate impacts. 

◆ Air (CAA): States (or EPA when a state fails to do so 

properly) are required to adopt “implementation plans”

(known as state implementation plans [SIPs], or federal 

implementation plans [FIPs]), to ensure that the national

air quality standards are met in particular regions 

around the country. As with TMDLs, these plans dictate 

how much pollution is allowed from particular sources 

in particular locations. Community residents can be 

involved in those decisions to prevent the concentration 

of higher emissions in particular communities.

◆ Hazardous Waste (RCRA): EPA has spent years trying to 

develop a system to identify which industrial and other 

wastes should be classified as “hazardous,” and 

therefore subject to stricter environmental regulation. 

In identifying hazardous wastes, EPA is supposed to 

consider factors such as “toxicity, persistence, and 

degradability in nature, potential for accumulation in 

tissue, and other related factors . . . .” Information 

about high levels of exposure or cumulative risks in 

particular communities can influence EPA’s decisions 

about whether a particular type of waste should be 

designated as a hazardous waste. 

◆ Superfund (CERCLA)/Toxic Chemicals (EPCRA): EPA 

establishes recordkeeping and public reporting requirements for industries that use, store, or release more 

than specified amounts of certain substances that are 

“hazardous” and “extremely hazardous” to the environment. EPA has the authority to identify the types of 

Examples of Rulemaking Provisions in Environmental Laws

facilities, the particular substances, and the “threshold 

quantities” of those substances covered by the program.

Community residents may have information or concerns 

about chemical uses and releases at particular facilities 

in their communities, which might influence EPA’s 

decisions about what to include in the program. 

◆ Pesticides (FIFRA/FFDCA): EPA establishes labeling 

requirements to protect workers and others who may 

use dangerous pesticides. Labels can address not only 

safe handling practices generally, but also limitations 

about specific pesticide uses and warnings against use 

in certain areas. Community residents may be able to 

persuade the agency to establish warnings against 

particular uses or locations where there have been 

repeated or particularly high previous exposures, where 

there are multiple health risks, or near particularly sensitive populations. In addition, EPA can require that labels

be printed in multiple languages, an issue that may be 

of particular concern to some farm worker communities. 

◆ Drinking Water (SDWA): EPA makes rules that guide 

states in protecting underground sources of drinking 

water from the underground injection of contaminants.

The underground injection program is implemented 

primarily at the state level.

◆ Chemical Substances (TSCA): EPA has the authority to 

regulate the manufacture and use of any chemical 

substance it has a “reasonable basis to conclude” may 

present an unreasonable threat of injury to health or 

the environment. In making those decisions, EPA is 

required to look at cumulative effects of multiple chemicals. Where insufficient information is available to make 

a determination of a chemical’s possible health effects, 

EPA may require additional testing. To reach these 

conclusions, EPA needs information about how members

of particular communities are exposed to chemicals and 

in what amounts. EPA should also hear about cumulative 

exposures in a community, and other health effects.

the Clean Water Act provide further details on what a facility must do to qualify for a water discharge permit. 

Regulations provide two types of opportunities for community residents. You can become involved while regulations are being written to ensure that environmental justice

concerns are considered by the agency in developing its

rules. Or, you can study the regulations to ensure that all relevant environmental requirements are being satisfied by the

facilities operating within your community. You will want to

use this knowledge about what the requirements are to

guide your participation in agency decisionmaking, and to

help you decide whether legal action to enforce the requirements is necessary or likely to be successful.

Regulations are adopted by agencies such as EPA after

the agency has given notice to the public and received

public comment about the draft regulations. When 

finalized, federal regulations are found in the Code of

Federal Regulations (available at most public libraries and

at law libraries, and online at web sites such as 

http://www. access.gpo.gov/nara/cfr/). States have a similar

process and code for regulations issued under state environmental statutes.
Permitting and Other Approvals

See ELI Statutory Analysis pp. 13-20 for 

further details.

The decision whether to grant a permit (or a variance or exemption

from requirements) for an individual facility is the agency decision

where environmental justice issues

have arisen most often. It is during

this site-specific review of operations

that considerations of cumulative

exposure (exposure to multiple

sources of contamination or health

risk) and sensitive subpopulations

(increased incidence of asthma, for

example) are most likely to be considered and dealt with in the

agency’s decision. Community participation is very important, since

agency staff may not be familiar

with their legal authority to consider

these types of community-specific

issues in deciding on whether or not

to issue a permit.

Community residents need not

limit their input on permits and

other approvals to the public notice

and comment period offered by the

agency. For some permits and

approvals, no such public notice

and comment period is required or

offered. Even for those where it is

required, this official opportunity

for public comment comes late in

the decisionmaking process – after

a draft permit or approval has

already been written. You are much

more likely to be effective if you

present your environmental justicespecific information to the agency

soon after a permit application has

been submitted, so that the draft

permit or approval can be written

with all relevant facts in mind.

Meetings and conversations with

agency officials can be very helpful,

but all important information

should also be submitted in writing. While this handbook deals

only with permits and approvals

required under federal environmenchapter 3 27

◆ Air and Water (CAA and CWA): Permits are required from states or from EPA for 

new or modified sources of air and water pollution. Those permits must require the 

facility to use pollution prevention or treatment methods (“best treatment” available for that type of facility), and to reduce pollution to levels needed to ensure 

that air quality and water quality standards are met. While “best technology” 

requirements are usually set at uniform national levels, differences in how they are 

applied at individual facilities can result in higher or lower levels of pollution. 

Moreover, stricter control requirements can be imposed if needed to meet local air 

and water quality requirements. This may not occur unless community members 

insist that those issues be addressed. Community residents can also request that 

permits include other requirements that may help them to identify the actual, longterm impacts from a facility, such as stricter or more frequent monitoring and 

reporting requirements. The additional information can highlight whether changes 

in the permit need to be made, and can ensure compliance down the road. 

◆ Hazardous Waste (RCRA): Permits from EPA are required for all new facilities that 

treat, store, or dispose of hazardous wastes. While the law governing those permits 

imposes no specific environmental justice requirements, EPA has broad authority to 

impose requirements “necessary to protect human health and the environment.” 

EPA interprets this language as allowing it to consider environmental justice 

concerns. These requirements include aggregate and cumulative health risks, and 

effects on sensitive populations. Community residents can raise those concerns when

new hazardous waste facilities are proposed, especially where other sources of 

environmental risk already exist in the affected community, or where a disproportionate number of these facilities are already located in communities of color or 

low-income communities. 

◆ Pesticides (FIFRA/FFDCA): Most new pesticides must obtain a “registration” from 

EPA prior to manufacture and sale. In deciding whether to register a pesticide, EPA 

must find that it “will perform its intended function without unreasonable adverse 

effects on the environment,” and EPA may classify a new pesticide either for general

use or with restrictions on its manner and location of use. EPA can consider impacts 

to particular communities or subpopulations in making those decisions. While it may

be difficult for local community residents to participate in, or even to know about, 

these national registration procedures, they can work together or with national 

organizations to inform EPA about threats to particular workers or communities. 

◆ Drinking Water (SDWA): Some public water systems can obtain variances or exemptions from public drinking water standards under certain circumstances, provided 

they will comply with the standards over time. One possible reason for such an 

exemption is to accommodate the economic concerns (increased costs of treatment) 

in “disadvantaged communities.” However, such communities may also face 

cumulative health risks that justify more protection, not less. You can present 

information about potential harm to community members who drink a lot of contaminated water, and who cannot protect their health by buying expensive home 

filters or water from alternative sources. You can also suggest better options such as 

targeted grants or loans to help small, economically disadvantaged communities to 

meet existing standards more quickly, even if a variance or exemption is issued. 

◆ Chemical Substances (TSCA): Manufacturers of an unlisted chemical must provide a 

pre-manufacture notice to EPA at least 90 days before beginning to make the new 

substance. If EPA does not react within 90 days, it is presumed that the manufacture

of the unlisted chemical is approved. If EPA does act within 90 days, it can prohibit 

the manufacture of the new chemical or restrict its use.

Examples of Permitting and Other Approval Provisions 

in Environmental Laws
tal laws, any potentially polluting activity may also

require state or local permits and approvals.

Environmental justice issues may also be relevant

under zoning and other local government reviews.

Siting

See ELI Statutory Analysis pp. 15-17 for further details.

Siting of new facilities that pose environmental risks

raises important issues of environmental justice.

Unfortunately, the location of a facility does not

always have to be considered in decisions made under

environmental laws. It is generally left to local zoning

authorities to decide where certain types of facilities

should be located. Nevertheless, federal environmental

laws do allow for the consideration of siting issues in

certain key decisions. 

Even in situations where the agency does not have

the specific authority to disapprove the siting of a

facility, community residents can often use the same

information they would use to argue against siting in

their community to request more protective permit

conditions. For example, in a community in which

multiple factories already discharge into air and water,

a new proposed factory will further increase the pollutant load on the river in which community members

fish regularly. The Clean Water Act requires the permitting agency to deny a water discharge permit based

on this information if discharge would cause violations of water quality standards (including requirements that clean water not be made dirty, known as

“antidegradation”). Therefore, the agency should consider the information about existing pollutant loads to

the river and community uses of the river in deciding

whether to issue the permit, or in setting the level of

pollutants the new factory will be allowed to discharge. It is possible that this information could

change the cost-benefit analysis for the new factory

(increase the costs, decrease the benefits), causing the

company to rethink whether your community is the

best location for their new facility. Even if this does

not happen, highlighting the information about existing environmental exposures in the community

should help the agency write a permit that is more

protective of your community’s health.

Cleanup Decisions

See ELI Statutory Analysis pp. 149-176 for further details.

Not all environmental laws deal with preventing 

pollution from new facilities. Several provisions

address when and how to clean up contamination left

Examples of Siting Provisions in Environmental Laws

◆ Major Federal Action (NEPA): All environmental permits or 

approvals that constitute a “major federal action” are subject 

to the requirements of NEPA (discussed below), which requires 

(among other things) that all reasonable alternatives to the 

proposed action, including alternative locations, be considered 

fully. Community residents can use this opportunity to identify 

alternative locations that may have fewer or less serious impacts 

on communities that already face disproportionate environmental

threats, or locations that pose less threat to all communities. 

◆ Water (CWA): Permits may not be issued for discharges of 

dredged or fill material into surface waters, including wetlands, if

there is a “practicable alternative” with less impact on the aquatic

environment. Community residents may have particular interest 

in these decisions, especially in certain areas. For example, wetlands and other waters may support fish and wildlife populations 

used by communities for subsistence or commercial hunting and 

fishing purposes; they may filter pollution to keep other waters 

clean for drinking water and other uses; and they may prevent 

flooding in communities located near adjacent water bodies. 

Such discharges and filling of important water bodies can be prevented if the permitting agency (the Army Corps of Engineers or 

some states) is provided information about viable alternatives, 

such as conducting the activity in another location (possibly one 

in which no filling is needed). 

◆ Air (CAA): Special procedures are required before a major new 

source of air pollution is allowed. In areas in which air quality 

standards are already violated, new source permits may be 

issued only after the agency evaluates alternative sites for the 

facility (along with production methods and pollution control 

techniques), and only after a showing that the benefits from the

proposed new source will be greater than the environmental 

and social costs. Community residents can play a key role in documenting the environmental and social costs of a major new 

source of air pollution, especially in terms of economic, human 

health, and quality of life costs imposed on communities that 

already face high levels of environmental or other health threats.

◆ Hazardous Waste (RCRA): EPA has developed location standards

that may limit the siting of hazardous waste treatment, storage, 

and disposal facilities. Community residents can provide helpful 

information about pre-existing levels and areas of pollution, and

common uses of the property where a new or expanded facility 

will be built. This can help the state or EPA decide whether a 

proposed hazardous waste activity will be sited appropriately.

28 a citizen’s guide
chapter 3 29

behind from past activities. Community residents

may become involved in these programs in several

ways. There could be property in your community

which you suspect is contaminated, and you want the

government to investigate it and get it cleaned up.

Property in your community may have been designated a “Superfund site,” and you want to make sure

that the cleanup is done well and fully protects your

community members’ health. Your community leaders may be redeveloping a part of town under a

“brownfields” program designed to convert hazardous

waste blights into community assets. You want to

make sure that these types of sites are cleaned up (and

not just covered over) and that the future uses of 

redeveloped property do not present any continuing

health threat to individuals. (Brownfields cleanups

are often accomplished under state laws, which are

not covered in this handbook. For further information on brownfields cleanups, look at http://www.epa.

gov/brownfields/.)

Community acceptance of a cleanup approach is a

factor the government must take into account in

deciding how to clean up, at least under the

Superfund program. The same is often true for brownfields cleanups. This gives community residents the

opportunity to influence many aspects of a cleanup.

How large an area should be included? How clean is

clean? What will the cleaned-up property be used for?

Who will be responsible for long-term monitoring of

the cleaned-up site, and for fixing any problems discovered after cleanup has been completed?

The process of deciding how to clean up a contaminated property is long and has many steps.

Community residents can provide relevant information to the decision makers during every step of the

process. When the government is deciding whether

a particular site should be cleaned up or not, community health and environmental justice concerns

may tip the scales in favor of a cleanup. When investigations are underway to determine what contamination may be at the site and who might be responsible for it, community knowledge of past activities

at the site can prove helpful to the government.

When the government is developing alternative

cleanup options, community opinion about how the

land should or will be used in the future will be an

important factor in deciding between alternatives,

and in deciding how protective the cleanup options

need to be. For example, if no one will be using the

groundwater as a drinking water supply, the government may consider a no-treatment alternative as

protective of human health. This is also the point at

◆ Hazardous Waste (RCRA): EPA can require “corrective action” at

existing hazardous waste treatment, storage, and disposal sites 

as a condition of receiving a permit to continue operating. This 

includes the requirement to clean up past pollution, both on the

site itself and “beyond the facility boundary where necessary to 

protect human health and the environment . . . .” This is of 

interest to community residents because it applies to a large 

number of older sites that existed before the federal hazardous 

waste law was in place, but which cause serious ongoing pollution. Further, because pollution from these sites has gone on 

for so long, and because the risk of some health effects from 

environmental pollution increases with the length of the 

exposure, the long-range, cumulative health effects on community members may be high.

◆ Superfund (CERCLA): While the federal Superfund program has 

identified contaminated sites for cleanup all over the country, 

action at those sites is based on a system of priorities designed 

to clean up the worst sites first. Two of the factors EPA must 

consider in setting cleanup priorities are: 1) contamination of 

public water sources, and 2) the results of “health assessments” 

conducted to evaluate community health issues. Community 

residents can provide information on community health threats 

in order to get quicker action at sites in their communities. 

Emergency action may be taken where there is an “imminent 

and substantial danger to the public health or welfare” at a 

particular site. 

◆ Superfund (CERCLA): Once EPA decides to proceed with cleanup

at a Superfund site, it has a wide range of cleanup options 

available, from simply covering the site with clean soil (known as

“capping”) and restricting future site uses, to more expensive 

remediation involving actual waste treatment. The statute 

directs EPA to prefer cleanup methods that permanently protect 

human health and that treat the hazardous substances. EPA 

should also consider bioaccumulation (chemicals being stored in 

the body for long periods of time) and other factors that affect 

long-term community health and welfare. However, because 

total program cleanup funding is limited (although at many sites

cleanup costs can be collected from parties responsible for the 

contamination), and because of pressure to reduce overall 

program costs, community residents may want to evaluate 

proposed cleanup methods carefully.

◆ Chemical Substances (TSCA): EPA has the authority to intervene 

if asbestos in public schools poses an imminent and substantial 

endangerment, and if local authorities are not taking sufficient 

action to protect students and school staff from those risks. 

Especially in communities with aging schools (built when 

asbestos was still used routinely for fire prevention), residents 

may want to know the degree of risk posed by those materials. 

EPA can be asked to take appropriate action if local authorities 

fail to act to eliminate health risks. 

Examples of Cleanup Decision Provisions 

in Environmental Laws
30 a citizen’s guide

◆ Water (CWA): EPA or the state can conduct inspections 

or water monitoring at permitted facilities using its own

staff or “authorized representatives.” Although unusual,

community residents may request EPA or the state to 

designate a community member as an “authorized 

representative” to accompany government inspectors or

to enter a permitted facility on their own.

◆ Air (CAA): Under most environmental permits issued by 

EPA and the states, the permit-holder is required to 

conduct routine sampling and monitoring, and to report

results to the agency. The agencies are generally 

required to make this information available for public 

inspection. In addition, agencies have broad authority to

conduct their own inspection and monitoring of facilities

subject to pollution permits, and generally to make this 

information publicly available as well. 

◆ Hazardous Waste (RCRA): EPA can ask ATSDR to 

conduct a health assessment at any hazardous waste land

disposal facility. One way that EPA can be made aware 

of the need for a health assessment is through information submitted by the public that a release of, or exposure to, a hazardous substance has occurred.

◆ Superfund (CERCLA): EPA can ask ATSDR to conduct a 

health assessment at hazardous waste sites that may 

pose “a substantial potential risk to human health.” 

Such assessments can provide invaluable information to 

community residents about health effects from a particular site and related issues about how people are 

exposed to toxic chemicals and their impacts, as well as 

multiple sources of contamination and cumulative 

health impacts. Health assessments can also be requested

by persons or by doctors who believe that exposure to 

hazardous substances has occurred. (Please see the 

following web site for further information on petitions 

for public health assessments: http://www.atsdr.cdc.gov/ 

HAC/petition.html.) 

◆ Superfund (CERCLA): In the Superfund program, EPA 

has broad authority to ask for information, inspect facilities and documents, and take samples at sites where 

there is a reasonable basis to believe there is a release or

Examples of Information Gathering, Monitoring, and Inspection Provisions in Environmental Laws

a threat of a release of a hazardous substance. If 

community residents believe that such releases or 

threats exist, and especially if they are not regulated or 

controlled under some other environmental program or 

permit, they can ask EPA to investigate using this 

authority, and to provide the information obtained to 

the public.

◆ Pesticides (FIFRA/FFDCA): EPA can request additional 

information to support the continued registration of 

pesticides about which there is cause for concern, and 

can conduct monitoring of people, animals, and other 

parts of the environment to assess levels of pesticide 

exposure and their effects. Groups who represent 

workers or communities who may display adverse health

effects from use of a particular pesticide can ask that 

this information be collected. 

◆ Chemical Substances (TSCA): As under most other 

environmental statutes, EPA has the authority to 

conduct inspections of facilities that manufacture or 

manage chemical substances.

◆ Toxic Chemicals (EPCRA): EPA requires facilities that 

store or release certain hazardous chemicals to submit 

reports, which are available to the public, about quantities of materials used, stored, and released to the 

environment. EPA, on its own or upon request of the 

state governor, can apply these requirements to individual facilities not otherwise covered by its regulations. 

EPA can choose to impose these requirements on a 

site-specific basis for concerns such as proximity to other 

facilities that release the same chemicals, or to population

centers, or other factors that may be relevant to cumulative risk in communities.

◆ Toxic Chemicals (EPCRA): Health professionals in the 

community and local government health agencies can 

require facilities to provide information about the type 

of chemicals released and other related information. 

They may need this information to treat exposed individuals or deal with medical emergencies. Those officials

must sign a confidentiality agreement, however, to limit 

the use of the information to the purposes identified. 

all investigation has been completed, alternative cleanup

options have been identified and explored, and the government’s “preferred” cleanup option has been tentatively

selected. Changing minds at this late date is not an easy

task. Early and regular communication with the decision

makers – with all significant oral communications confirmed in writing – is more likely to make a difference in

which community residents can influence whether the

future use of the cleaned-up property will benefit their

community in a significant way.

As discussed above, community residents need not limit

themselves to the public notice and comment periods provided by the government. The official opportunity to

comment generally comes at the stage in the process where
chapter 3 31

what the final cleanup decision looks like. The decision to clean up a contaminated site should reflect

actual conditions in your community, as well as realistic assumptions about future land use and possible

exposure to contaminants. Community participation

in the decisionmaking process – “early and often” – is

essential to make sure this happens.

Information Gathering, Monitoring, and Inspections

A previous section discussed the types of information

gathering that facilities and the government undertake as a routine matter – including inspections,

monitoring of discharges, and recordkeeping. The

government has authority in many cases to require

additional information to be created and submitted,

which can also include sampling and reporting. The

authority is discretionary, meaning the government

can choose to require additional information gathering, but does not have to. If there is information that

you wish to know, but that does not seem to exist,

you may be able to persuade the government to use

some of these authorities to gather or create the information you seek. Any information gathered under

these authorities should be available to the public, or

can be requested under FOIA, as discussed earlier, if

more convenient access is not provided.

Enforcing Environmental Laws

See ELI Statutory Analysis pp. 27-37 for further details.

The government has discretion to take enforcement

actions against anyone who violates the requirements

under environmental laws and regulations. The government cannot be forced to take any enforcement

action, or to take a specific enforcement action.

Citizens may be able to persuade the government to

take enforcement action in certain situations, for example, by showing that the violations are having adverse

impacts on environmentally burdened communities.

Once an enforcement action has been filed, you

may be able to influence the consequence given for

not complying with a law or regulation. Possible

consequences range from the government assessing

civil penalties to revoking or suspending a facility’s

permit to operate. Community residents can argue for the

types of consequences that will benefit health in their

community most directly. In some cases, EPA has allowed

or required companies to pay for and implement (as part

of the “penalty” a company pays for environmental violations) “supplemental environmental projects.” These

could include restoration of other environmental resources

in the area, funding of a community environmental organization, a community cleanup or beautification project,

or a citizen monitoring program. Residents can suggest

particular supplemental environmental projects that would

benefit their communities.

EPA has extensive policies on calculating civil penalties,

which require consideration of multiple factors. Because

◆ Water (CWA): EPA can issue compliance orders, suspend or 

revoke permits, assess penalties, or bring lawsuits to address 

violations of the statute, regulations, permits, or other requirements governing discharges of pollutants into the water. EPA 

can seek emergency relief if a court finds an “imminent and 

substantial endangerment” at a particular facility. Similar 

authority exists under other environmental statutes.

◆ Air (CAA): EPA may require the use of low-polluting fuels if 

urban buses do not meet emission standards.

◆ Hazardous Waste (RCRA): EPA can issue compliance orders, suspend or revoke permits, assess penalties, or bring lawsuits to 

address violations of the statute, regulations, permits, and other 

requirements governing hazardous waste treatment, storage, and 

disposal facilities. EPA can seek emergency relief if a court finds an

“imminent and substantial endangerment” at a particular 

site. Similar authority exists under other environmental statutes. 

◆ Superfund (CERCLA): EPA can require parties who fail to comply

with cleanup orders under the Superfund program to pay three 

times the costs of EPA’s efforts to conduct the cleanup.

◆ Pesticides (FIFRA/FFDCA): EPA has the authority to seize pesticides

or application devices that cause unreasonable environmental 

effects. If community residents are aware of such effects, they 

can bring that information to EPA’s attention. Similarly, the 

Department of Health and Human Services can seize food which 

is contaminated with pesticides or mislabeled. 

◆ Drinking Water (SDWA): EPA may deny federal financial assistance to any project which may contaminate the recharge zone 

of certain “sole source aquifers.”

◆ Chemical Substances (TSCA): EPA can order a facility that 

manages chemical substances to change its quality control 

procedures to protect human health and the environment. 

EPA can also notify the public of any risks associated with the 

facility’s management of the chemical.

◆ Toxic Chemicals (EPCRA): Health officials and medical professionals who seek information about the nature of chemical 

releases can file a lawsuit to require that the information be 

provided.

Examples of Enforcement Provisions in Environmental Laws
32 a citizen’s guide

penalties are tied in part to how much harm was caused by

the violation, information community residents can provide about health problems or other injuries caused by a

violation can help enforcement agencies collect higher

penalties. This in turn will provide a bigger incentive for

the violator (and other potential violators) to comply in the

future. In calculating a civil penalty amount, EPA can also

consider how much money a company saved by not complying, and can add that dollar figure on as a civil penalty

amount. This may be something to focus on if you can

show that a company earned increased profits by locating

in your community and violating environmental laws.

Another factor for calculating civil penalties is a company’s

good faith attempt to comply with environmental law. A

showing of bad faith or unwillingness to comply can

increase the dollar value of the penalty. Your knowledge of

the company’s operational history and general attitude

toward compliance can be helpful to the agency in determining an appropriate penalty amount. 

There are standard enforcement authorities in virtually

every environmental law. EPA and the states have authority to issue administrative fines and orders without going

to court, although the person fined can then appeal those

decisions to a court if they disagree with the result.

Agencies can also go to court to seek civil fines and other

relief (such as court orders prohibiting additional pollution or requiring cleanup). They can bring criminal

actions for particularly bad conduct. Citizens often are

allowed to “intervene” in administrative and civil (but not

criminal) cases, and then participate in the legal proceedings. You may choose to do so if you believe the government will not take a strong enough position. You also have

the ability to comment on many proposed enforcement

settlements that the government enters into with violators,

before the settlement becomes final.

Environmental Impact Analysis

See ELI Statutory Analysis pp. 67-85 for further details.

Under a law called the National Environmental Policy

Act, federal agencies are required to prepare (or to have

someone else prepare) an environmental impact statement

on any “major federal action” that may have a significant

effect on the quality of the environment as it affects

humans and ecosystems. While this law is implemented

by all federal government agencies and not just EPA, EPA

has a special role and responsibility to comment on EISs

with respect to all issues over which EPA has jurisdiction

under environmental statutes. Internal EPA guidance

indicates that the agency should address environmental

justice concerns during its NEPA reviews. This means

that community residents can make their own comments

on a proposed major federal action particularly effective

by urging EPA to adopt their environmental justice positions in its analysis of the EIS prepared by another federal

agency. As part of its EIS review process, EPA is supposed

to identify environmental justice communities and meet

with affected groups to try to identify and understand

environmental justice concerns that should be addressed

in the NEPA process.

Under decisions issued by the U.S. Supreme Court, the

EIS requirement of NEPA does not change the general

requirements regarding who can conduct polluting activities where, and under what conditions. The activities that

are studied in an EIS must still meet all the requirements

under other environmental laws. Instead, NEPA requires

federal agencies to study the major environmental impacts

of the proposed action fully, and to report them fairly to

all involved decision makers and the public. The goal is

for decisions on proposed actions to be based on a reasonably thorough evaluation of their impacts. Impacts include

the direct effects of the proposed action, along with secondary or indirect impacts. To identify secondary or indirect impacts, EPA might consider whether a new facility

will cause more development to occur in a neighborhood

area. The impacts considered by EPA also include cumulative impacts of the proposed action. 

NEPA requires agencies to study and analyze all reasonable alternatives to the proposed action (including the “no

action” alternative), and to compare the environmental

impacts of the alternatives to those of the proposed action.

This is to ensure that federal environmental decisions are

based on a full analysis of available options. In 1997, the

President’s Council on Environmental Quality (CEQ)

issued guidance specifically identifying environmental justice issues that must be addressed under NEPA by all federal agencies. The Executive Order on Environmental

Justice also requires agencies to address those issues in

their NEPA analysis.

Even though it imposes no new substantive requirements, NEPA is an important tool for community residents because it provides a key opportunity to participate

in government decisions. There are several opportunities

for members of the public to comment during the NEPA

process. An agency sometimes prepares a shorter document known as an “Environmental Assessment” (EA) in

order to determine whether the environmental impacts of

a proposed action are “significant” enough to prepare a

larger EIS. Public comments on the draft EA can be

instrumental in convincing an agency that a full EIS is

required. This is an early but important opportunity to

bring known or potential environmental justice impacts

to the agency’s attention. Once an agency decides to prepare an EIS, bringing particular issues to their attention
chapter 3 33

early makes it more likely that they will be addressed in

the EIS. Community residents can comment at the “scoping” phase in which agencies decide which issues to study

in the EIS, in written comments and in public hearings

on the draft EIS, and in comments on the final EIS. After

an EIS is finalized, the proposing agency must prepare a

“record of decision” explaining its final action, discussing

why it chose the alternative it did, and responding to

public comments. The record of decision must address

environmental justice issues in particular by indicating

whether the proposed action will have disproportionately

high impacts on low-income communities and communities of color. 

The fact that NEPA refers to the “human environment,” which includes more than the natural environment, gives it special importance for environmental justice

issues. An EIS must address not only the impact on the

physical environment of a proposed action and its alternatives, but also the effects of those actions on human populations (known as “socio-economic impacts”). These may

include the issues of concern to residents in environmentally burdened communities, such as disproportionate

impacts to certain population groups, cumulative impacts

from multiple sources of harm, loss of important subsistence resources, and secondary impacts such as induced

growth. Thus, the NEPA process can be a tool to ensure

that environmental justice issues, which may not have to

be considered under other specific environmental statutes,

are evaluated and considered by agencies in reaching their

final project decisions. 

Finally, as with many of the other federal laws discussed

in this handbook, many states have their own NEPA-type

laws that impose similar requirements on major state government actions. Those laws may be important where no

major federal action is involved, but where important

environmental impacts will occur nonetheless. You will

want to find out whether such a law exists in your state,

and how and when it applies. 

LEGAL TOOLS

The previous section outlined many provisions in the

environmental laws that community residents may use

to protect their community’s health and environment. For

some of them, just knowing about the opportunities provided by the laws (and following up on them) is all that is

required. For others, special procedures must be followed,

and particular tools may help to ensure that the opportunities are provided. 

The most commonly used “tool” for concerned citizens to

influence government decisions – public notice and comment – was discussed above. As mentioned earlier, community residents should not feel constrained by the official public notice and comment period that often comes late in the

decisionmaking process. You will be most effective if you do

your fact gathering and develop a strategy as soon as you

find out about an environmental concern, and begin having

informal communications (confirmed in writing) with government officials as soon as possible. If the decision makers

do not know that environmental justice concerns might be

relevant, they cannot do anything about them. 

Public notice and comment can only help you, though,

if the government has decided to make some kind of decision. It is a reactive process. In many cases, you will be in

a position where you want to make the government or a

company take action, and they may be reluctant to do so.

This section describes some legal tools that are available to

request, or in some cases require, government or facility

action. These tools can be used along with other non-legal

forms of prompting action, such as publicity or political

intervention, which are not discussed in this handbook.

Petitions

See ELI Statutory Analysis p. 61 for further details.

Environmental laws provide some opportunities for citizens to petition the government to take actions to protect

public health. (These provisions supplement the general

provision in the federal Administrative Procedure Act,

which applies to all government programs, and which

allows individuals or groups to petition agencies to issue

appropriate rules.) In some cases the government does not

have to take any action in response to a petition, but it may

still be a way of getting your community’s environmental

justice concerns on the agency’s radar screen. It can also be

used as a way of starting a dialogue with the agency about

your issues. In addition, court action may be possible if the

agency ignores your request altogether, or if it denies it

improperly or without a proper explanation.

Formal procedures may be required to file some of the

petitions identified in Appendix A. You should read the

relevant statutory section and any regulations under that

section, and call the relevant agency, to identify the appropriate process.

Citizen Suits

See ELI Statutory Analysis p. 37 for further details.

The environmental statutes discussed in this handbook

include “citizen suit” provisions that allow “any person” to

sue to enforce that law. Because it is generally necessary

and desirable (although technically not essential) to be

represented by a qualified attorney in these lawsuits, the
34 a citizen’s guide

basics of the citizen suit provisions will be discussed

only briefly here. However, it is important for community residents to be aware of these provisions as

one option to make sure that the environmental laws

are obeyed when other methods do not succeed. It is

also useful to know that citizens who win in these

lawsuits often can collect their attorneys’ fees and

other costs (such as the cost to hire expert witnesses),

although some recent court decisions have limited

those fee awards in some circumstances. This may

allow attorneys to handle these lawsuits for free (or

for no more than the costs required to bring the

case), if they believe the case is strong and that there

is a good chance of collecting their fees from the government or company at the end of the case. 

There are two basic types of citizen suits, designed

to address very different types of problems. In the

first, citizens are entitled to sue the Administrator of

EPA for failure to perform mandatory (or “non-discretionary”) duties under the statute in question. The

question of which EPA duties are mandatory

(required) and which are discretionary (optional) is

somewhat complex, but in general, words like “shall”

as opposed to “may” (especially when used with a

specific deadline for action) suggest that the

Administrator may be sued if the specified action is

not performed on time. While this provision covers

all of the Administrator’s statutory duties, it may be

of particular interest to community residents who

believe that EPA may be giving lower priority to

environmental justice issues and problems. A citizen

suit is one way to force EPA to act in a more evenhanded manner, or to shift its priorities so that environmental justice concerns do not remain at the bottom of the pile. 

The second basic type of citizen suit allows citizens to sue other “persons” (including businesses and

government agencies) who conduct polluting activities for discharging pollutants or taking (or failing to

take) other actions in violation of environmental

laws. The types of violations that can be the subject

of a citizen suit include, but are not limited to:

◆ unpermitted releases or activities

◆ releases or activities that violate the terms of 

environmental permits or approvals

◆ failure to monitor pollution properly, or

◆ failure to report monitoring results to the 

appropriate agency.

Examples of Petition Provisions in Environmental Laws

◆ Air (CAA): Any person can petition EPA to object to a state’s 

proposed Title V permit. The petition must be filed within 60 

days after EPA’s review period ends without negative comment 

from EPA.

◆ Superfund (CERCLA): Any person who is affected by a release or

threatened release of a hazardous substance can petition EPA to 

conduct a preliminary site assessment of the hazard to the public

health and to the environment. EPA must complete this assessment within 12 months or explain why it is not appropriate to 

do so. Petitions are available through NTIS (doc. PB 90-273-723).

http://www.epa.gov/r10earth/offices/oec/pa petit.pdf (Please see 

the following web site for further information on petitions for 

site assessments: http://ww.epa.gov/R5Brownfields/htm/bf pap.htm)

◆ Superfund (CERCLA): Any person who is affected by a release or

threatened release of a hazardous substance can petition EPA to 

request a health assessment from ATSDR. Although the health 

assessment process can be lengthy, it can increase public awareness about conditions in your community. Community residents 

can provide ATSDR with relevant information about potential 

exposures to hazardous substances and the incidence of disease 

within the community. (Please see the following web site for 

further information on petitions for public health assessments: 

http://www.atsdr.cdc.gov /HAC/petition.html)

◆ Pesticides (FIFRA/FFDCA): States can petition for authority to 

establish, modify, or revoke allowable amounts of pesticide 

residues on or in food based on compelling local circumstances. 

Community residents who believe that local populations are 

particularly susceptible to risks due to other sources of exposure 

and other factors can ask their state to seek this authority.

◆ Drinking Water (SDWA): Any person served by a small drinking 

water system can petition EPA to object to or revoke a state’s 

grant of a variance from attaining national primary drinking 

water standards. 

◆ Chemical Substances (TSCA): Petitions can be filed asking EPA to

amend or repeal rules governing toxic substances. In 1994, for 

example, citizens used this provision successfully to prompt EPA 

to issue subpoenas to companies in the U.S.-Mexico border area 

to provide information on chemical releases to the New River. 

http://www.planeta.com/ecotravel/border/0095new.html

◆ Toxic Chemicals (EPCRA): Citizens can petition states to modify 

Local Emergency Planning Commissions (which prepare emergency response plans for chemical releases) to include members 

who understand and are sensitive to environmental justice 

issues. Citizens should contact their State Emergency Response 

Commission. http://www.epa.gov/ceppo/serclist.htm
chapter 3 35

Again, community residents may be particularly interested in this type of citizen suit because many federal and

state environmental agencies are underfunded and lack the

resources to sue all polluters themselves. If you believe that

government enforcers are ignoring pollution violations in

your community, you may be able to use citizen suits to

enforce the laws directly. 

There are several important limitations on filing citizen

suits. First, in most cases, citizens first must provide a written 60-day notice of intent to sue, giving the polluters the

chance to come into compliance, or federal or state environmental agencies a chance to bring a lawsuit themselves.

Exceptions to the 60-day notice requirement apply in certain situations involving toxic or hazardous substances or

other particularly dangerous activities.

Second, if a government agency is “diligently prosecuting”

its own lawsuit, the citizens who filed the notice of intent to

sue may not be able to bring their own case. Of course, if the

polluter comes into compliance or if the government brings

its own lawsuit, the basic purpose of filing notice of intent to

sue may be fulfilled. It is important to pay attention to the

results of the government’s enforcement action to make sure

that polluters do not repeat the violations again later. You will

also want to make sure any settlements between government

agencies and polluters are tough enough. You may have more

influence over these issues if you intervene in the government

enforcement action. Finally, there is usually a certain time

period (called a statute of limitations) within which you must

file a citizen suit. While the time period may differ in each

environmental law, it is generally calculated from when the

action (or failure to act) that you are suing about occurred.

AVAILABLE RESOURCES

Federal dollars may be available to help you accomplish

some of your goals, although the amounts of funding

are very limited. This section identifies some of those

opportunities.

In addition, Appendix B contains information about

additional EPA administered grant programs that may be

able to provide support to community residents. 

Funding and Other Assistance for Public Participation

See ELI Statutory Analysis pp. 51-52 for further details.

In a few situations, Congress has decided that community

input in a certain type of government decision is vitally

important, and that communities often do not have the

technical expertise to participate as effectively as possible.

In those select situations, Congress has decided that EPA

should provide funds for community participation.

Community residents who are trying to forward environmental justice goals may be in a good position to receive

some of this funding.

There are at least three specific types of decisions where

Congress has required, and EPA offers, this type of funding. There are many “hoops” to jump through to qualify

◆ Major Federal Action (NEPA): EPA’s internal NEPA 

guidance provides that EPA is supposed to help representatives of communities with environmental justice 

concerns to understand the proposed federal action 

being considered. EPA is also supposed to consult with 

and work with communities to ensure that those 

concerns are addressed in the NEPA process. EPA’s 

Office of Environmental Justice can coordinate this 

technical assistance.

◆ Superfund (CERCLA): EPA offers “technical assistance 

grants” (TAGs) of up to $50,000 to groups affected by 

a release or threatened release of hazardous substances 

from a listed Superfund site. These funds may be used 

to hire technical experts to help community residents 

interpret technical information and participate in the 

Superfund decisionmaking process. For further information contact Lois Gartner, Superfund Community 

Involvement and Outreach Center, 703-603-8889. 

Examples of Funding and Other Assistance for Public Participation Provisions in Environmental Laws

◆ Superfund (CERCLA): The Technical Outreach for 

Communities (TOSC) program, a part of the Hazardous 

Substance Research Centers, uses university educational 

and technical resources to help community groups 

understand the technical issues relating to hazardous 

waste sites. Technical assistance is available for 

Superfund and brownfields sites. http://www.toscpro

gram.org/newtosc-text.html. 

◆ Chemical Substances (TSCA): EPA has the authority to 

provide financial assistance to groups who want to 

participate in the rulemaking process governing the 

manufacture and use of toxic substances. These funds 

can be used to pay for expert witnesses, attorneys’ fees, 

and other costs for groups that “represent an interest 

which would substantially contribute to a fair determination of the issues” and if they lack sufficient resources to 

do so without aid.
36 a citizen’s guide

for this type of funding, but this should not dissuade you

from trying to get it. Having money to pay technical

experts can help you understand what the government is

trying to do, what it is authorized to do, and what the rules

of the game are.

Other Grants

See ELI Statutory Analysis pp. 47-53 for further details.

EPA has grant money available for training and research in

various areas. As part of a long-term strategy to promote

environmental justice goals in your community, these

opportunities might be useful in building capacity in, or

bringing employment opportunities to, your community.

Program Funding

EPA provides extensive funding to states, tribes, and in

some circumstances local governments, to administer

environmental programs. These are opportunities that

may not benefit community residents directly, but which

could improve community environmental health in the

long run. Community support for increased program

funding in your town or state may be the impetus for creating additional environmental protections for your community. The majority of program funding opportunities

identified in Appendix A will be applicable to tribes,

because they are considered to be states under many environmental laws and have the opportunity to receive delegated responsibility to administer and enforce selected

environmental programs.

Examples of Other Grant Provisions in 

Environmental Laws

◆ Toxic Chemicals (EPCRA): Grants are available to local 

governments and universities for education and training

to improve emergency planning, preparedness, 

response, and recovery capabilities.

◆ Environmental Justice Through Pollution Prevention 

Program: EPA’s Environmental Justice Through Pollution

Prevention Program, established in 1995, encourages 

pollution prevention projects that directly benefit lowincome communities and communities of color. Any 

incorporated community group (such as grassroots 

organizations, churches, schools, local governments, 

tribal governments, or other non-profits) may apply for 

grants. EPA focuses on pro-active, preventive projects 

that help small businesses and institutions prevention 

pollution in communities; develop partnerships between

communities and industries; encourage pollution 

prevention in agriculture; improve the environment in 

tribal communities; educate communities about pollution prevention approaches; promote efficient resource 

use in communities; and promote youth education and 

involvement. More information is available at 

http://www.epa.gov/opptintr/ejp2/.

◆ Environmental Justice Small Grants Program: EPA also 

established an Environmental Justice Small Grants 

Program in 1994 to support grassroots organizations, 

churches, schools, local governments, tribal governments, or other non-profits working on projects that 

address environmental justice issues. Preference is given

to groups that provide local solutions to local environmental problems, with emphasis on public health concerns

and providing environmental information to communities.

Grants are provided for up to $20,000 each. More information is available from the EPA Office of Environmental

Justice Small Grants Program, Sheila Lewis, 202-564-0152.

Information is also available from the regional offices 

listed in the Application Guidance, which can be 

obtained at http://es.epa.gov/oeca/oej/grlink1.html.
chapter 3 37

Examples of Program Funding Provisions in Environmental Laws

◆ Water (CWA): EPA offers grant funding to states and tribes

to implement non-point source management programs.

◆ Air (CAA): Ten percent of the funding for the urban air 

toxics program is set aside for state and local programs. 

This funding could be used to address toxic hotspots in 

low-income communities and communities of color. 

◆ Air (CAA): Technical and financial assistance is available 

not only to government agencies, but to private 

agencies, institutions, organizations, and individuals to 

conduct activities to prevent and control air pollution, 

including the purchase of monitoring equipment. This 

funding could be used for monitoring programs, for 

example, if a community believes that air pollution 

hotspots are not measured through existing federal and 

state monitoring efforts.

◆ Hazardous Waste (RCRA): EPA provides financial 

assistance, on an equitable basis, to communities that 

are planning and implementing energy and materials 

conservation and recovery programs.

◆ Superfund (CERCLA): Funding is available under the 

Superfund program to reimburse local communities (up 

to $25,000) for emergency cleanup expenses.

◆ Pesticides (FIFRA/FFDCA): States and tribes can receive 

funding to assume enforcement responsibilities in the 

pesticide control program, and to train and certify 

pesticide applicators. 

◆ Drinking Water (SDWA): EPA offers grant funding to 

states and tribes to implement public water system 

supervision programs and underground water supply 

protection programs.

◆ Chemical Substances (TSCA): Grants are available for 

states to protect residents from radioactive radon gas in 

homes. States are required to give preference to lowincome persons in demonstration projects and other 

activities conducted under their radon programs. 
Where can you find these statutes and regulations? At a

law library, a law school or possibly at your local courthouse. The statutes are found in the U.S. Code. The regulations are found in the Code of Federal Regulations

(CFR). A librarian should be able to help you find the specific sections you’re looking for, based on the simple information given in these tables. Both the U.S. Code and the

Code of Federal Regulations are available free of charge

online. For example, the U.S. Code can be searched electronically at http://www.findlaw.com/casecode/uscodes.

The Code of Federal Regulations can be searched electronically at http://www.access.gpo.gov/nara/cfr/. Regional EPA

offices and law libraries near your community should also

have copies of both sets of books.

CLEAN AIR ACT

The Clean Air Act (CAA) is the federal law that regulates emissions into the air from stationary (not able

to move) and mobile (able to move) sources in order to

protect public health and decrease air pollution. 

Under the CAA, EPA has set national ambient air quality standards (NAAQS) for certain air pollutants.

NAAQS are levels of pollution in the outside air that

research indicates will not harm even individuals who are

particularly sensitive to pollutants. EPA has determined

which areas of the country currently meet the NAAQS for

each pollutant (called “attainment areas”) and which areas

of the country do not currently meet NAAQS for each

pollutant (called “non-attainment areas”). The area in

which you live may be in “attainment” for some air pollutants and in “non-attainment” for others. States are

required to develop and periodically revise a state implementation plan (SIP), which describes how that state plans

to reach attainment for all regulated pollutants within a

certain time period.

Appendix A contains brief narrative summaries of the

federal statutes covered by this handbook, as well as

tables of specific statutory sections. The companion statutory analysis discusses most, but not all, of these provisions in detail. If there is a section you would like to learn

more about, please refer to the ELI Statutory Analysis. It

is available electronically at no cost from the

Environmental Law Institute web site <www.eli.org>.

Click on “Publications” then “2002 Research Reports” to

obtain a copy. You can also order the report by calling 

1-800-433-5120.

This Appendix does not identify all possibly relevant

sections of these laws, only the most prominent ones. For

some sections, the Appendix also identifies the regulations

(rules) that the Environmental Protection Agency (EPA)

has issued to implement the statutory section, or a relevant

website with additional information. Again, not all available information has been included. The following tables

provide more detailed information about specific provisions (sections) of each of the environmental statutes covered in this handbook, organized into the categories of

legal rules, requirements, and tools discussed in Chapter 3.

Once you identify which statute, or statutes, applies to a

particular environmental justice problem, you can review

the appropriate chart to identify potentially useful provisions. The first column describes the statutory provision.

The second column provides the citation to the section of

the law as it was enacted by Congress. The third column

provides what is called a “parallel citation” to the same section of the law, as it was codified in the U.S. Code (USC).

The U.S. Code is a compilation of all the laws in the

United States. It is divided into “titles” or volumes. The

title of the U.S. Code where the section is located is provided at the top of the third column. For some statutory

provisions, possible environmental justice issues that

might be relevant are highlighted in brackets, like this:

[possible environmental justice issue:].

appendix a 39

appendix a: 

Summary Descriptions of Selected 

Environmental Statutes
Clean air

Air

clean air act

40 a citizen’s guide

EPA also sets national standards that must be met by all

stationary facilities that have emissions into the air. These

include performance standards for new stationary sources

of air pollution (known as new source performance standards or NSPS). EPA lists categories of sources of certain

hazardous air pollutants (known as HAPs) and sets national

emission standards for them (know as NESHAPs). EPA

has a specific program (known as the Urban Air Toxics

Program or Urban Air Strategy) to develop a strategy for

reducing emissions of HAPs in urban areas. 

These national standards are applied to an individual

facility with a stationary source of air emissions through a

permit. Although historically, a variety of permits were

issued under the CAA, there is an effort underway to consolidate all requirements into a single operating permit

under Title V of the CAA (known as a “Title V permit”).

For facilities that do not yet have a Title V operating permit, they may be operating under a new source review

(NSR) permit or a prevention of significant deterioration

(PSD) permit (which is issued in “attainment” areas).

States can apply to EPA for authority to administer the

Title V permit program within their boundaries.

EPA also regulates mobile sources, which include automobiles, trucks, buses, aircraft, and non-road engines. It

regulates motor vehicle and heavy-duty truck emissions,

hazardous air pollutant emissions from motor vehicles and

motor vehicle fuels, fuels and fuel additives, and sets urban

bus standards.

STATUTORY SECTION U.S. CODE SECTION 

OR REGULATION IN TITLE 42

NOTICE AND PARTICIPATION

Notice and Comment

public notice and comment on draft Title V permits 40 C.F.R. § 70.7(h) not applicable

public notice and comment on EPA’s proposal to approve state 40 C.F.R. § 70.4(b) not applicable

Title V permit program

public notice and comment before EPA approval of SIP § 110(a) § 7410(a)

public notice and comment before EPA approval of SIP revision § 110(l) § 7410(l)

public notice and comment before a PSD area is redesignated § 164(b) § 7474(b)

[possible environmental justice issue: health, environmental, 

economic, social and energy effects to be evaluated]

opportunity for public notice and comment before U.S. enters into § 113(g) § 7413(g)

a consent order or settlement agreement under CAA

Public Hearings/Meetings 

opportunity for public hearing on draft Title V permit 40 C.F.R. § 70.7(h) not applicable

public hearing on draft PSD permit [possible environmental § 165(a)(2) § 7475(a)(2)

justice issue: alternatives to new or modified emission source 

to be considered]

public hearing before EPA approval of SIP revision § 110(l) § 7410(l) 

public hearing before any PSD area redesignated § 164(b) § 7474(b)

[possible environmental justice issue: health, environmental, 

economic, social and energy effects to be evaluated]

CLEAN AIR ACT
appendix a 41

STATUTORY SECTION U.S. CODE SECTION 

OR REGULATION IN TITLE 42

NOTICE AND PARTICIPATION

Citizen Advisory Groups

EPA to consult with advisory committees before issuing various air § 117(a), (b) § 7417(a), (b)

quality standards and regulations

meaningful community participation in siting solid waste § 129(a)(3) § 7429(a)(3)

incineration units

any board or body that approves permits or enforcement orders § 128(a) § 7428(a)

to have at least a majority of members who represent the 

public interest

AVAILABLE INFORMATION 

Clearing Houses/Databases

databases of information regarding emission control technology § 108(h) § 7408(h)

• Clean Air Technology Center (http://www.epa.gov/ttn/catc)

• RACT/BACT/LAER Clearinghouse - information on air pollution 

emission standards (http://cfpub1.epa.gov/rblc)

(RACT, RACT, and LAER are acronyms for different program 

requirements under the CAA. They stand for Reasonably Available 

Control Technology [RACT], Best Available Control Technology [BACT], 

and Lowest Achievable Emission Rate [LAER].)

Great Lakes atmospheric deposition monitoring network; § 112(m) § 7412(m)

monitoring stations for Chesapeake Bay and Lake Champlain; 

atmospheric deposition monitoring networks for coastal waters 

and watersheds

revised inventory of actual emissions for ozone non-attainment § 182 § 7511a

areas (every 3 years until attainment reached); ambient monitoring 

of various air pollutants

EPA-sponsored air quality monitoring stations in major urban areas § 319 § 7619

air toxics clearinghouse and center (technical information and § 112(l)(3) § 7412(l)(3)

assistance to states and local agencies; information to be available 

to the public) (http://www.epa.gov/ttn/atw)

National Urban Air Toxics Research Center (http://es.epa.gov/ncerqa/ § 112(p) § 7412(p) 

nuartrc.html)

Public Education

education and outreach efforts to inform public about integrated § 112(k) § 7412(k)

urban (air toxics) strategy

annual notification of public by state of areas in which NAAQS § 127(a) § 7427(a)

Facility Monitoring Data/Record-keeping

CLEAN AIR ACT
42 a citizen’s guide

cU.S. CODE SECTION STATUTORY SECTION

OR REGULATION IN TITLE 42

AVAILABLE INFORMATION 

Facility Monitoring Data/Record-keeping

stationary air pollution source’s risk management plan [possible § 112(r)(7)(B)(ii) § 7412(r)(7)(B)(ii)

environmental justice issue: off-site consequence analysis 

information to minimize accidental releases] (risk management 

plans found at http://www.epa.gov/ceppo/ap- arcs.htm, and at facility)

Title V permit recordkeeping requirements § 504(c) § 7661c(c)

facility-specific recordkeeping and monitoring requirements § 114(a) § 7414(a)

(must be available to public) 

ambient air quality monitoring required as part of PSD permit § 165(e)(1), § 7475(e)(1),

review (continuous air quality monitoring data; data to be made § 165(a)(7) § 7475(a)(7)

available at public hearing)

emissions monitoring by solid waste incineration units (copies to § 129(c) § 7429(c)

be available for public inspection and copying during business hours)

Agency Inspections

EPA/state authority to inspect Title V permitted facilities § 504(c) § 7661c(c)

Reporting

EPA report to Congress on residual risk from HAPs § 112(f)(1) § 7412(f)(1)

National Air Toxics Program report to Congress [possible § 112(k) § 7412(k)

environmental justice issue: integrated urban strategy]

report on extent of atmospheric deposition of HAPs (acid rain) § 112(m) § 7412(m)

to the Great Lakes, the Chesapeake Bay, Lake Champlain and 

coastal waters

Title V permit reporting requirements (reporting of deviations from § 504(c) § 7661c(c)

permit requirements, probable cause and corrective/preventative 

measures taken)

facility-specific reporting requirements (must be available to public) § 114(a) § 7414(a)

EPA report on cost-benefit analysis of CAA on public health, § 312(d), (e) § 7612(d), (e)

economy and environment of U.S. (to be updated every two years)

LEGAL RULES AND OPPORTUNITIES

Standard Setting

air quality criteria for specific air pollutants [possible environmental § 108(a)(1)-(2) § 7408(a)(1)-(2)

justice issue: consider cumulative or synergistic effects]

primary and secondary NAAQS [possible environmental justice issue: § 109 § 7409 

adequate margin of safety; protection of “sensitive citizens”] 

(5-year review of NAAQS)

CLEAN AIR ACT
appendix a 43

cU.S. CODE SECTION UNITED STATES 

OR REGULATION SECTION IN TITLE 42 CLEAN AIR ACT

LEGAL RULES AND OPPORTUNITIES

Standard Setting

performance standards for NSPS [possible environmental justice § 111(f) § 7411(f)

issue: health impacts on sensitive populations]

performance standards for solid waste incineration units [possible § 129 § 7429

environmental justice issue: minimize risk on site-specific basis]

NESHAPs [possible environmental justice issue: aggregate § 112(c), (d) § 7412(c), (d)

human health]

urban air toxics program/integrated urban strategy § 112(k) § 7412(k)

standards for air pollutant emissions from new motor vehicles § 202(a)(1) § 7521(a)(1)

standards for air pollutant emissions from heavy duty engines § 202(a)(3)(B) § 7521(a)(3)(B)

motor vehicle emission standards for urban buses § 219(a) § 7554(a)

Rulemaking

EPA to list categories of stationary sources that cause or contribute § 111(b) § 7411(b)

significantly to air pollution

periodic review of hazardous air pollutants list § 112(b)(2) § 7412(b)(2)

requirements to control hazardous air pollutant emissions from 

motor vehicles and motor vehicle fuels [possible environmental 

justice issue: air toxics in “hotspots”] § 202(l) § 7521(l)

requirements for fuels, fuel additives, diesel fuel and reformulated gasoline § 211 § 7545

EPA to promulgate federal implementation plan when state does § 110(c)(1) § 7410(c)(1)

not meet minimum criteria or SIP or permit program is disapproved

requirements regarding accidental releases (prevention, detection, cor- § 112(r)(7) § 7412(r)(7)

rection, monitoring, recordkeeping, reporting, training, equipment, etc.)

Permitting and Other Approvals

new air pollution source may request waiver from new source § 111(j) § 7411(j)

performance standard for use of innovative technology or continuous

emission reduction system [possible environmental justice issue: 

cumulative impacts]

risk management plans required for owner/operator of stationary § 112(r) § 7412(r)

air pollution source to minimize accidental releases and provide 

prompt emergency response

Title V air pollution permit program § 504 § 7661c

preconstruction review of new sources or modification of existing § 173(a) § 7503(a)

sources of air pollution (NSR permits required in non-attainment 

areas) [possible environmental justice issue: social costs of siting to 

be considered]
44 a citizen’s guide

CLEAN AIR ACT U.S. CODE SECTION STATUTORY SECTION

OR REGULATION IN TITLE 42

LEGAL RULES AND OPPORTUNITIES

Permitting and Other Appprovals

permits for new sources or modification of existing sources of air § 160(1) § 7470(1)

pollution in attainment areas to protect PSD

emissions trading authorized for sulfur dioxide and nitrogen oxides § 403(b) § 7651b(b)

Siting

EPA to designate geographic areas as attainment or non-attainment § 181(a) § 7511(a)

for NAAQS; non-attainment areas further classified as marginal, 

moderate, serious, severe, or extreme

EPA may require state to redesignate areas as non-attainment for § 107(d)(3) § 7407(d)(3)

NAAQS, or change significance classification within non-attainment area

siting requirements for solid waste incineration units (cumulative § 129(a)(3) § 7429(a)(3)

impacts) (regulations to be published at 40 C.F.R. § 60, subpart Cc)

NSR permit decision to include siting considerations § 173(a)(5) § 7503(a)(5)

Cleanup Decisions - no applicable provisions

Information Gathering

\

EPA authority to require monitoring, recordkeeping, reporting, or § 114(a) § 7414(a)

compliance certifications

SIP to require monitoring devices and air quality modeling § 110(a)(2) § 7410(a)(2)

EPA authority to require fuel and fuel additive manufacturers to § 211(b)(2)(A) § 7545(b)(2)(A)

conduct tests

EPA authority to conduct investigations and research concerning any § 103(a)(3) § 7403(a)(3)

specific air pollution problem that affects multiple communities (state 

air pollution control agency to request, or at EPA’s own initiative)

Enforcement and Compliance Assurance

EPA to require use of low-polluting fuels if urban buses do not meet § 219(c)(2) § 7554(c)(2)

emission standards [possible environmental justice issue: discretion to

mandate use of low-polluting fuels in smaller cities]

EPA may impose highway sanctions and offsets as consequence § 502(i), § 7661a(i),

for state’s inadequate administration of air program [possible § 179 § 7509

environmental just-issue: state loses significant highway funding and 

federal highway project approval; offset requirements for emissions

trading increased]

EPA civil action and civil penalty authority § 113(b), (e) § 7413(b), (e)
appendix a 45

cU.S. CODE SECTION UNITED STATES 

OR REGULATION SECTION IN TITLE 42 CLEAN AIR ACT

LEGAL RULES AND OPPORTUNITIES

Enforcement and Compliance Assurance

EPA may dictate required revisions of SIP § 110(k)(5) § 7510(k)(5)

“imminent and substantial endangerment” authority § 303 § 7603

Cleanup Decisions - no applicable provisions

Petitions

state governor may petition EPA to add category of stationary sources § 111(g) § 7411(g)

that cause air pollution to list for which NSPS must be developed

petitions to add pollutants to hazardous air pollutants’ list [possible § 112(b)(3) § 7412(b)(3)

environmental justice issue: bioaccumulation]

any person may petition EPA to object to a state’s issuance of Title V § 505(b) § 7661d(b)

permit (file within 60 days after 45-day permit review period)

Citizen Suits

against anyone violating requirements, or against EPA to enforce § 304 § 7604

non-discretionary duty, or against anyone constructing new source 

without necessary permit

AVAILABLE RESOURCES

Funding of Public Participation - no applicable provisions

Ombudspersons - no applicable provisions

Grants Available

EPA to conduct and promote training for individuals regarding causes, § 103(a)(5) § 7403(a)(5)

effects,prevention and control of air pollution

Program Funding

10% of total urban air toxics program funding to be set aside for § 112(k) § 7412(k)

state and local programs

technical services and financial assistance available to air pollution § 103(a)(2) § 7403(a)(2)

control agencies, other public or private agencies, institutions, 

organizations and individuals to conduct activities for prevention 

and control of air pollution [possible environmental justice issue: 

purchase monitoring equipment]

planning grants to air pollution control agencies for prevention and § 105 § 7405

control of air pollution or implementation of NAAQS
46 a citizen’s guide

COMPREHENSIVE ENVIRONMENTAL

RESPONSE, COMPENSATION, AND LIABILITY

ACT (“SUPERFUND”)

The Comprehensive Environmental Response,

Compensation, and Liability Act (CERCLA, also

known as “Superfund”) was enacted in 1980 to address the

cleanup of sites where hazardous substances have been

released into the environment or where there is a substantial threat that hazardous substances will be released into

the environment. EPA is authorized to clean up and take

actions to prevent releases of hazardous substances and to

recover its costs from parties who may be responsible for

the release or threatened release. Superfund takes its name

from the federal revolving fund that was set up to finance

site cleanups.

Under Superfund, EPA has authority to investigate any

release or threatened release of hazardous substances to the

environment, and to take actions to clean up the release.

EPA maintains a list of sites that may require cleanup (the

National Priorities List or NPL). For sites placed on the

NPL, EPA generally follows a process that involves multiple steps: preliminary assessment and site investigation

(PA/SI) to determine whether a significant release or threat

of release exists; remedial investigation and feasibility study

(RI/FS) to explore the nature and extent of contamination,

and to study various cleanup options; record of decision

(ROD), in which EPA documents the cleanup option it

has selected; remedial design and remedial action

(RD/RA), in which EPA designs and conducts the cleanup;

and long-term operation and maintenance (O&M) of the

cleanup. EPA can use its “removal” authority to do faster,

but smaller, cleanups at any sites that pose a more immediate threat, whether they are listed on the NPL or not.

In conducting investigations and cleanups, EPA can use

money from the Superfund and try to collect it from the

parties who are responsible for the release or threatened

release of hazardous substances, or it can enter into agreements with the responsible parties to have them conduct

the investigation and cleanup at their expense.

States generally are viewed as EPA’s partners in

Superfund cleanups. In many cases, the state will take the

lead in administering the Superfund process at a particular

site, but final authority for determining the cleanup remedy remains with EPA. Applicable state environmental

requirements should be considered in Superfund cleanups. 

The Superfund statute created the Agency for Toxic

Substances and Disease Registry (ATSDR) in the Center

for Disease Control as a central clearinghouse for information on the health effects of toxic substances. ATSDR

also can conduct health assessments for facilities listed on

the NPL.

The Superfund statute also requires anyone spilling

more than a “reportable quantity” of hazardous substances

into the environment to file reports with federal and state

emergency officials.

superfunfund Comprehensive Environmental Response, Compensation, 

and Liability Act (“Superfund”)

CERCLA Statutory United States Code 

Section or Regulation Section in Title 42

NOTICE AND PARTICIPATION

Notice and Comment

public participation in cleanup decision (notice and comment on § 113(k), § 9613(k),

cleanup alternatives; notice to be provided in local newspaper of § 117(a), (c), (d) § 9617(a), (c), (d)

general circulation)

transfer/sale of federal facility before cleanup completed § 120(h) § 9620(h)

public participation in consent decree § 122(d)(2) § 9622(d)(2)

public participation in settlement with de minimis party or cost § 122(i) § 9622(i)

recovery settlement (facts about exposure patterns, past practices 

of site owners)

COMPREHENSIVE ENVIRONMENTAL RESPONSE, 

COMPENSATION, AND LIABILITY ACT (“SUPERFUND”)
appendix a 47

CERCLA Statutory United States Code 

Section or Regulation Section in Title 42

NOTICE AND PARTICIPATION

Public Hearings/Meetings

opportunity for public meeting in affected area regarding cleanup altern- § 113(k), § 9613(k),

atives (notice to be provided in local newspaper of general circulation) § 117(a), (d) § 9617(a), (d)

Citizen Advisory Groups

not required by statute, but EPA can create them not applicable not applicable

AVAILABLE INFORMATION

Clearinghouses/Databases

Federal Agency Hazardous Waste Compliance Docket (information § 120(c) § 9620(c)

about contaminated federal facilities; docket available for public 

inspection; published in Federal Register every six months)

(http://es.spa.gov/oeca/fedfac/oversight/oversight.html)

EPA/ATSDR list of most commonly found haz. substances (http://www. § 104(i)(2) § 9604(i)(2)

atsdr.cdc.gov/cxcx3.html; http://www.atsdr.cdc.gov/99list.html)

Public Education

notice to be given to persons potentially injured by a release § 111(g) § 9611(g)

alternative/innovative technologies demonstration sites and § 311(b) § 9660(b)

technology transfer program

research and training program with the Department of Health and § 311(a) § 9660(a)

Human Services (HHS) [possible environmental justice issue: e.g., 

risk assessment methods, human health effects]

ATSDR-prepared toxicological profiles of hazardous substances § 104(i)(3) § 9604(i)(3)

(http://www.atsdr.cdc.gov/toxpro2.html)

Facility Monitoring Data/Recordkeeping

EPA information requests [possible environmental justice issue: § 104(e) § 9604(e)

request info, access facilities and documents, inspect, take samples]

recordkeeping regarding characteristics of hazardous substances § 103(d) § 9603(d)

Agency Inspections

EPA authority to undertake investigations § 104(b) § 9604(b)

Reporting

hazardous substance “reportable quantity” release reporting § 103(a) § 9603(a)

federal facilities to identify contamination that affects contiguous § 120(b) § 9620(b)

or adjacent property

COMPREHENSIVE ENVIRONMENTAL RESPONSE, 

COMPENSATION, AND LIABILITY ACT (“SUPERFUND”)
48 a citizen’s guide

COMPREHENSIVE ENVIRONMENTAL RESPONSE, 

COMPENSATION, AND LIABILITY ACT (“SUPERFUND”)

CERCLA Statutory United States Code 

Section or Regulation Section in Title 42

AVAILABLE INFORMATION

Reporting

federal facility’s annual budget to include cleanup program § 120(e)(3) § 9620(e)(3)

information

federal facility annual progress reports to Congress regarding § 120(e)(5) § 9620(e)(5)

cleanup program

EPA report to Congress regarding 5-year review sites § 121(c) § 9621(c)

EPA annual report to Congress regarding progress achieved § 301(h) § 9651(h)

Local Repositories

administrative record documenting selection of response action § 113(k), § 9613(k), 

§ 117 § 9617

LEGAL RULES AND OPPORTUNITIES

Standard Setting - no applicable provisions

Rulemaking

list hazardous substances (setting threshold reporting quantities) § 102(a) § 9602(a)

national response plan to establish procedures for responding to releases § 105(a) § 9605(a)

guidelines for using “imminent hazard” authority § 106(c) § 9606(c)

notice to be given to persons potentially injured by a release § 111(g) § 9611(g)

Permitting and Other Approvals - no applicable provisions 

Siting - no applicable provisions

Cleanup Decisions

EPA response action authority to spend Superfund money § 104 § 9604

EPA “imminent and substantial endangerment” authority to 

force cleanup § 106(a) § 9606(a)

cleanup process at federal facilities § 120 § 9620

high priority for facilities with contaminated drinking water issues § 118 § 9618

(cleanups, enforcement, listing sites on NPL)

required actions if health assessment shows significant risk to public § 104(i)(6), § 9604(i)(6), 

health [possible environmental justice issue: use in conjunction with (i)(11) (i)(11)

RCRA 3019(b) and CERCLA 105(d) to request health assessments]

approach for EPA cleanup selection [possible environmental justice § 121(b) § 9621(b)

issue: preference for permanent treatment]

5-year review if hazardous substances left on-site § 121(c) § 9621(c)
appendix a 49

COMPREHENSIVE ENVIRONMENTAL RESPONSE, 

COMPENSATION, AND LIABILITY ACT (“SUPERFUND”)

LEGAL RULES AND OPPORTUNITIES

cU.S. CODE SECTION STATUTORY SECTION

OR REGULATION IN TITLE 42

Cleanup Decisions

target level of cleanup [possible environmental justice issue: state § 121(d) § 9621(d)

environmental justice laws as applicable and relevant or appropriate 

requirements (ARAR)]

EPA to consult with states before making cleanup decision § 104(c)(2) § 9604(c)(2) 

state assurance to provide long-term operation & maintenance § 104(c)(3) § 9604(c)(3)

tribes to be treated as states regarding input to cleanup decision- § 126 § 9626

making [possible environmental justice issue: concurrence on 

permanent relocation of tribal members]

liability for natural resource damages and restoration, in addition to § 107(a)(4)(C), (f), § 9607(a)(4)(C), (f),

cleanup responsibilities § 301(c) § 9651(c)

Information Gathering

time frame for EPA to complete preliminary assessments of CERCLIS § 116(a), (b) § 9616(a), (b)

facilities (applicable only to facilities listed after 10-17-86) 

EPA information requests [possible environmental justice issue: § 104(e) § 9604(e)

request info, access facilities and documents, inspect, take samples]

ATSDR to provide consultation on exposure to hazardous substances § 104(i)(4) § 9604(i)(4)

when requested by EPA

ATSDR or states authorized to conduct health assessments to § 104(i)(6) § 9604(i)(6)

determine whether to reduce human exposure to hazardous 

substances [possible environmental justice issue: health assessment to 

consider all potential risk factors, not just NPL site, and potential 

susceptibility of community]

Enforcement and Compliance Assurance

failure to report hazardous substance releases § 103(b) § 9603(b)

judicial civil penalties for violation of order § 106(b), § 9606(b),

§ 122(l) § 9622(l)

civil action to compel compliance with information request or § 104(e)(5)(B) § 9604(e)(5)(B)

access order

administrative and judicial civil penalties § 109 § 9609

treble damages for failure to comply with EPA cleanup order and § 107(c)(3) § 9607(c)(3)

EPA conducts cleanup

authorizes state enforcement of standards applicable to a cleanup § 121(e)(2) § 9621(e)(2)

Major Federal Actions - no applicable provisions
50 a citizen’s guide

FEDERAL WATER POLLUTION CONTROL ACT,

“CLEAN WATER ACT”

The Federal Water Pollution Control Act, or Clean

Water Act (CWA), reflects Congress’ intent first to

control and then to eliminate all pollutant discharges into

U.S. waters. The statute sets a “zero-discharge” goal for

toxic pollutants.

In trying to reach this goal, EPA has authority to set

national standards. It has set technology-based standards

for point sources (sources of pollution that enter the water

at one point, like a pipe), defining for specific types of pollution sources what is “best available technology,” “best

practicable control technology,” or similar standards. EPA

has also set standards that limit the amount of toxic chemicals that can be discharged into water.

States are also involved in setting standards to help reach

the goal of eliminating water pollution. States set standards

for the level of water quality to be achieved in a specific segment of the receiving water in order to meet the uses that

people make of the water. These “designated uses” include

uses such as the “fishable/swimmable” standard. 

Any person discharging pollutants from a point source

into water must receive a permit that limits the level of pollutants allowed in the discharge (known as a National

Pollutant Discharge Elimination System [NPDES] permit).

In issuing the NPDES permit, the state, or EPA, use various methods to apply technology-based and water quality

standards to the specific discharger applying for a permit.

The CWA also regulates activities in wetlands. No one

can discharge “dredge or fill material” into a water body or

a wetland without a permit issued by the U.S. Army Corps

of Engineers.

States and tribes can be delegated authority to administer the CWA program within their boundaries, and to issue

NPDES and dredge and fill permits.

COMPREHENSIVE ENVIRONMENTAL RESPONSE, 

COMPENSATION, AND LIABILITY ACT (“SUPERFUND”)

CERCLA Statutory United States Code 

Section or Regulation Section in Title 42

LEGAL TOOLS

Petitions

petition for preliminary assessment of hazard to human health § 105(d) § 9605(d)

and environment (http://www.epa.gov/r10earth/offices/oec/pa_petit.

pdf; petitions can be ordered from the National Technical Information

Service, doc. PB90-273-723)

Citizen Suits

against anyone violating requirements, or against EPA to enforce § 310 § 9659

non-discretionary duty

AVAILABLE RESOURCES

Funding of Public Participation

technical assistance grants [possible environmental justice issue: § 117(e) § 9617(e)

obtain technical assistance to interpret technical information, 

$50,000 maximum, renewable]

Ombudspersons - no applicable provisions

Grants Available - no applicable provisions

Program Funding

funds available for natural resource damages and restoration, § 111(b) § 9611(b)

including on tribal land

reimburse local community for emergency cleanup expenses § 123 § 9623

($25,000 maximum)
Clean water

appendix a 51

federal water pollution control act

CLEAN WATER ACT UNITED STATES CODE 

STATUTORY SECTION SECTION IN TITLE 33

OR REGULATION

FEDERAL WATER POLLUTION CONTROL ACT 

(“CLEAN WATER ACT”)

NOTICE AND PARTICIPATION

Notice and Comment

public review and comment for annual revisions of guidelines for § 304(m) § 1314(m)

incorporating technology-based standards into facility-specific 

effluent limitations

public notice and comment for triennial review of toxic pollutant § 307(a)(2), (a)(3) § 1317(a)(2), (a)(3)

effluent limitations

public notice and comment before issuing dredge and fill § 404(a) § 1344(a)

activity permit

Public Hearings/Meetings

public hearing for triennial review of state’s designation of in-stream § 303(c)(1) § 1313(c)(1)

uses to be protected via water-quality-based standards

opportunity for public hearing before issuance of NPDES permit for § 402(a)(1) § 1342(a)(1)

discharge of pollutants to navigable water

state may request public hearing when EPA proposes to veto issuance § 404(j) § 1344(j)

of dredge-and-fill activity permit

public hearing opportunity when state requests delegation of § 402(b) § 1342(b)

authority to administer program

Citizen Advisory Groups - no applicable provisions

AVAILABLE INFORMATION

Clearinghouses/Databases - no applicable provisions

Public Education - no applicable provisions

Facility Monitoring Data/Recordkeeping

permit holders’ recordkeeping and monitoring requirements § 308(a) § 1318(a)

Agency Inspections

EPA/state right of entry to inspect and take samples; authority to § 308(a) § 1318(a)

request information from point source owner/operator
52 a citizen’s guide

AVAILABLE INFORMATION

Reporting

states to report to EPA every two years on water quality within state § 305(b) § 1315(b)

and progress toward meeting water quality goals [possible environmental

justice issue: disproportionate water quality impacts within state]

Local Repositories - no applicable provisions

LEGAL RULES AND OPPORTUNITES

Standard Setting

technology-based standards for point source discharges (secondary § 301(b) § 1311(b)

treatment for publicly owned treatment works, best practicable 

control technology, best available technology, best conventional 

pollutant control technology)

best available technology requirements for certain nonconventional § 301(g) § 1311(g)

pollutants may be modified if still protective of human health and 

the environment [possible environmental justice issue: take into 

account bioaccumulation and synergistic effects]

secondary treatment requirements for publicly owned treatment § 301(h) § 1311(h)

works that discharge into marine waters may be modified if still 

protective [possible environmental justice issue: take into account 

cumulative risks]

guidelines for incorporating technology-based standards into facility- § 304(b) § 1314(b)

specific effluent limitations 

water-quality-based standards for point source discharges to protect § 303(c) § 1313(c)

all uses of receiving water body [possible environmental justice issue: 

fishable/swimmable water quality standard; uses to be protected are 

identified by states; triennial review]

standards governing disposal of sewage sludge resulting from § 405 § 1345

municipal waste treatment [possible environmental justice issue: 

especially toxic pollutants]

Rulemaking

discharge of toxic pollutants to meet best available technology § 307 § 1317

level of control (e.g., may include outright ban on polychlorinated 

biphenyls [PCBs])

individual control strategies for toxic pollutant “hotspots” § 304(l) § 1314(l)

(annual review)

development of total maximum daily loads (TMDL) to allocate § 303(d) § 1313(d)

pollutant loads among sources to ensure that in-stream waterquality-based standards are met [possible environmental justice issue: 

subsistence uses to be considered; assumptions regarding average fish

consumption; must include toxic pollutants]

FEDERAL WATER POLLUTION CONTROL ACT

(“CLEAN WATER ACT”)

CLEAN WATER ACT UNITED STATES CODE 

STATUTORY SECTION SECTION IN TITLE 33

OR REGULATION
appredix a 53

FEDERAL WATER POLLUTION CONTROL ACT

(“CLEAN WATER ACT”)

CLEAN WATER ACT UNITED STATES CODE 

STATUTORY SECTION SECTION IN TITLE 33

OR REGULATION

LEGAL RULES AND OPPORTUNITES

Permitting and Other Approvals

EPA discretion to set effluent limitations to meet water-quality- § 302(a) § 1312(a)

based standards

NPDES permits for point source discharges to navigable waters § 402(a)(1) § 1342(a)(1)

EPA authority to review and object to state-issued NPDES permits (right § 402(d) § 1342(d)

of review can be waived when program authority delegated to state)

NPDES permit to be denied for new source or new discharger if 40 C.F.R. § 122.4(i) not applicable

cannot demonstrate that water quality standards will/can be met

authority to modify existing NPDES permit based on new information 40 C.F.R. § 122.62(a)(2) not applicable

demonstrating that water quality standards cannot be met

dredge-and-fill activity permit requirement (administered by U.S. § 404(a) § 1344(a)

Army Corps of Engineers)

EPA retains veto power over dredge-and-fill activity permits § 404(c) § 1344(c)

EPA authority to review state-issued dredge-and-fill activity permits § 404(j) § 1344(j)

Siting

dredge-and-fill activity permits to consider siting issues [possible § 404(a) § 1344(a)

environmental justice issue: alternatives to proposed project, 

mitigation measures; cumulative impacts; case-by-case balancing]

dredge-and-fill activity permitting guidelines [possible environmental § 404(b)(1) § 1344(b)(1)

justice issue: no “practicable alternatives”; no significant degradation 

to surrounding aquatic ecosystem]

Cleanup Decisions - no applicable provisions

Information Gathering

EPA/state right of entry to inspect and take samples; authority to § 308(a) § 1318(a)

request information from point source owner/operator

EPA’s “authorized representatives” can conduct monitoring and § 308(b) § 1318(b)

inspection activities [possible environmental justice issue: could 

include community residents]

Enforcement and Compliance Assurance

EPA enforcement authorities for violations (administrative orders; § 309 § 1319

civil actions; criminal, civil and administrative penalties)

Army Corps of Engineers and EPA have enforcement authority for § 404(s), § 1344(s),

dredge-and-fill violations § 404(n) § 1344(n)

“imminent and substantial endangerment” enforcement authority § 504 § 1364
54 a citizen’s guide

THE EMERGENCY PLANNING AND

COMMUNITY RIGHT-TO-KNOW ACT

The Emergency Planning and Community Right-to-Know

Act (EPCRA) establishes programs that impose reporting

requirements on owners and operators of certain facilities. These

reports are available to the public with certain limited exceptions. 

For example, facilities that use or store certain amounts

of hazardous or extremely hazardous chemicals must provide information about how they manage these materials to

state and local emergency committees (state emergency

response commissions [SERC] and local emergency planning commissions [LEPC]), so that the state and local officials can develop emergency response plans for use in the

case of a catastrophic event at the facility. 

In addition, facilities in most industrial categories must annually report the quantities of toxic chemicals that they release into

the environment, whether or not these toxic chemicals are covered by an environmental permit. These annual reports are collected by EPA in a central database called the Toxics Release

Inventory (TRI), which is accessible by the public and which is

shared with local and state emergency planning officials.

EPCRA also imposes reporting requirements for spills

and other accidental releases of toxic chemicals.

CLEAN WATER ACT UNITED STATES CODE 

STATUTORY SECTION SECTION IN TITLE 33

OR REGULATION

FEDERAL WATER POLLUTION CONTROL ACT

(“CLEAN WATER ACT”)

LEGAL RULES AND OPPORTUNITES

Major Federal Actions - no applicable provisions

LEGAL TOOLS

Petitions - no applicable provisions

Citizen Suits

to enforce violations of the statute, or against EPA to enforce § 505 § 1365

non-discretionary duty

AVAILABLE RESOURCES

Funding of Public Participation - no applicable provisions

Ombudspersons - no applicable provisions

Grants Available

grants available for research and development, including § 105 § 1255

demonstration projects for improved technologies to reduce various 

discharges and agricultural pollution

grants available for research and demonstration projects related to § 405(g) § 1345(g)

“safe and beneficial management and use” of sewage sludge

financial and technical assistance available for research and § 108, § 118, § 1258, § 1263,

demonstration projects in significant water bodies (Great Lakes, §113, § 114, § 1264, 

Alaskan villages, Lake Tahoe, the Hudson River, Chesapeake Bay, § 116, § 117, §§ 1266-1270

Long Island Sound, Lake Champlain) § 119, § 120 

Program Funding

grants to states to administer programs for prevention, reduction § 106 § 125

and elimination of pollution

grants to states and tribes to implement nonpoint source § 319(h), § 1329(h),

management programs § 518(f) § 1377(f)
appendix a 55

emergenc act emergency planning and community 

right-to-know act

EMERGENCY PLANNING AND 

COMMUNITY RIGHT-TO-KNOW ACT

EPCRA STATUTORY UNITED STATES 

SECTION OR CODE SECTION

REGULATION IN TITLE 42

NOTICE AND PARTICIPATION

Notice and Comment - no applicable provisions

Public Hearings/Meetings - no applicable provisions

Citizen Advisory Groups - no applicable provisions

AVAILABLE INFORMATION

Clearinghouses/Databases

National Toxic Chemical Inventory (data submitted to EPA under § 313(j) § 11023(j)

toxic chemical release reporting) (http://www.epa.gov/tri)

Alphabetical List of Extremely Hazardous Substances

(http://www.epa.gov/swercepp/ehs/ehsalpha.html) § 302 § 11002

Public Education

mass balance information (annual quantity of chemicals managed § 313(l) § 11023(l)

at a facility)

EPA review of emergency systems for monitoring, detecting and § 305(b) § 11005(b)

preventing releases of extremely hazardous substances at 

representative facilities

annual public notice by LEPC identifying where to find emergency § 324(b) § 11044(b)

response plans, material safety data sheets (MSDS) and inventory 

forms that have been submitted

Facility Monitoring Data/Recordkeeping - no applicable provisions

Agency Inspections - no applicable provisions

Reporting 

SERC to designate coordinator for information requests from public § 301(a) § 11001(a)

LEPC to designate coordinator for information requests from public § 301(b) § 11001(b)

LEPC to gather information from local industry and develop § 303 § 11003

emergency plan and review annually 

emergency response plans, MSDS, list of chemicals, inventory form, toxic § 324(a) § 11044(a)

chemical release form, and follow-up emergency notice available to

general public during normal working hours at designated locations
56 a citizen’s guide

EMERGENCY PLANNING AND 

COMMUNITY RIGHT-TO-KNOW ACT

EPCRA STATUTORY UNITED STATES 

SECTION OR CODE SECTION

REGULATION IN TITLE 42

AVAILABLE INFORMATION

Reporting

facilities that store/use hazardous substances to notify SERC and/or § 302(c) § 11002(c)

LEPC; SERCs to notify EPA (http://www.epa.gov/ceppo/serclist.htm; 

http://www.epa.gov/ceppo/epclist.htm)

facilities to report (telephone and written) releases of certain § 304, § 11004,

chemicals to state and local authorities [possible environmental § 313(h) § 11023(h)

justice issue: include any known or anticipated health risks; advice 

regarding medical attention necessary for exposed individuals]

facilities to submit MSDS for all hazardous chemicals managed § 311(a), (d) § 11021(a), (d)

on-site to state and local emergency officials, including fire 

departments (list of chemicals may suffice)

public requests for MSDS from LEPCs; LEPC to request from facility § 311(c)(2) § 11021(c)(2)

facilities to submit chemical inventory form to state and local § 312 § 11022

emergency officials, including fire departments [possible 

environmental justice issue: average daily amounts of chemical 

on-site and location within facility; may include storage method]

facilities to submit to EPA and state officials toxic chemical release § 313(a), (g) § 11023(a), (g)

form for certain chemicals used in past year (forms due 7/1 of 

each year)

request to SERC or LEPC for tier II information on particular facility § 312(e)(3) § 11022(e)(3)

Local Repositories - no applicable provisions

LEGAL RULES AND OPPORTUNITIES

Standard Setting - no applicable provisions

Rulemaking

list of extremely hazardous substances; threshold quantities § 302(a) § 11002(a)

guidance for preparation/implementation of emergency plans § 303(f) § 11003(f)

threshold quantities for reporting requirements § 311(b), § 11021(b),

§ 312(b), § 11022(b),

§ 313(f) § 11023(f)

add or delete Standard Industrial Codes (SICs) subject to reporting § 313(b) § 11023(b)

requirements [possible environmental justice issue: cumulative 

exposures, sensitive populations, consumption habits]

add or delete chemicals subject to reporting requirements § 313(d) § 11023(d)

modifications to frequency of filing reports § 313(i) § 11023(i)

procedures for collecting mass balance information § 313(l) § 11023(l)
appendix a 57

EMERGENCY PLANNING AND 

COMMUNITY RIGHT-TO-KNOW ACT

EPCRA STATUTORY UNITED STATES 

SECTION OR CODE SECTION

REGULATION IN TITLE 42

LEGAL RULES AND OPPORTUNITES

Rulemaking

trade secret information [possible environmental justice issue: § 322(c) § 11042(c)

specific chemical identities can be withheld, but adverse health 

effects must be identified]

facility owner/operators to report certain information to health § 323(e) § 11043(e)

professionals

Permitting and Other Approvals - no applicable provisions

Siting - no applicable provisions

Cleanup Decisions - no applicable provisions

Information Gathering

EPA authority to apply reporting requirements to specific facility § 313(b)(2) § 11023(b)(2)

[possible environmental justice issue: based on proximity to other 

facilities/population centers, history of releases, other factors]

LEPC to develop emergency plan and review annually § 303 § 11003

facility owner/operators to report certain information to health § 323 § 11043

professionals on request (health professionals must make 

“statement of need”; confidentiality requirements)

Enforcement and Compliance Assurance

EPA compliance orders and administrative civil penalties § 325(a) § 11045(a)

administrative and judicial civil penalties and criminal penalties § 325(b) § 11045(b)

for violations of emergency planning notification requirements

administrative and judicial civil penalties for violations of reporting § 325(c) § 11045(c)

requirements

administrative and judicial civil penalties for frivolous trade secret § 325(d) § 11045(d)

claims; criminal penalties for disclosure of trade secrets

procedures for health professionals to require submission of § 325(e) § 11045(e)

facility-specific information

Major Federal Actions - no applicable provisions

LEGAL TOOLS

Citizen Suits - no applicable provisions
58 a citizen’s guide

FEDERAL INSECTICIDE, FUNGICIDE, AND

RODENTICIDE ACT/FEDERAL FOOD, DRUG,

AND COSMETIC ACT

The Federal Insecticide, Fungicide, and Rodenticide

Act (FIFRA) and the Federal Food, Drug, and

Cosmetic Act (FFDCA) together provide the framework

for pesticide regulation in the United States. Under FIFRA,

EPA is responsible for regulating the manufacture, labeling,

sale, and use of pesticides. Under FFDCA, EPA determines the allowable level of pesticide residue in food.

Under national regulations set by EPA, all pesticide

labels must include directions for use. EPA has also established the Worker Protection Standard, which provides

protections (such as mandatory safety training and availability of personal protective equipment) for agricultural

workers and pesticide handlers. EPA has issued national

requirements and procedures for the storage, transportation, or disposal of expired pesticides.

Both FIFRA and FFDCA include permit and approval

requirements. All pesticides used in the United States must

be registered with EPA; the registration can contain limitations on use of the pesticide to protect public health. No

food can be sold in the United States that contains more

pesticide residues than allowed by EPA rules.

States can, but do not have to, regulate the use of pesticides within their boundaries, as long as the state requirements do not conflict with those of FIFRA or the

FFDCA. States can receive authorization from EPA to certify pesticide applicators.

EMERGENCY PLANNING AND 

COMMUNITY RIGHT-TO-KNOW ACT

EPCRA STATUTORY UNITED STATES 

SECTION OR CODE SECTION

REGULATION IN TITLE 42

LEGAL TOOLS

Petitions

petition to SERC to modify membership of LEPC [possible environ- § 301(d) § 11001(d)

mental justice issue: can request representatives sensitive to environmental justice concerns] (http://www.epa.gov/ceppo/serclist.htm)

public request for MSDS from LEPC (and make available to public); § 311(c)(2) § 11021(c)(2)

LEPC to request from facility (http://www.epa.gov/ceppo/lepclist.htm;

40 CFR 370.30)

request to SERC or LEPC for tier II information on particular facility § 312(e)(3) § 11022(e)(3)

petition to add or delete a chemical from list subject to toxic § 313(e) § 11023(e)

chemical release reporting requirements

petition for disclosure of specific chemical identify claimed as trade secret § 322(d), (e) § 11042(d), (e)

request for adverse health effects information for chemicals not revealed § 322(h) § 11042(h)

due to claim as trade secret (request to state governor or SERC)

AVAILABLE RESOURCES

Funding of Public Participation - no applicable provisions

Ombudspersons - no applicable provisions

Grants Available

training and education programs to improve emergency planning, § 305(a) § 11005(a)

preparedness, response and recovery capabilities (available for 

local governments and universities)

Program Funding - no applicable provisions
appendix a 59

federal act

FEDERAL INSECTICIDE, FUGICIDE, AND RODENTICIDE ACT/

FEDERAL FOOD, DRUG, AND COSMETIC ACT

FIFRA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

FFDCA SECTION TITLE 7 OR TITLE 21

federal insecticide, fugicide, and 

rodenticide act/ federal food, drug, 

and cosmetic act

NOTICE AND PARTICIPATION

Notice and Comment

EPA discretion to solicit views of “qualified persons” when § 21(c) § 136s(c)

suspending or cancelling pesticide registration

notice and comment for pesticide registration applications § 3(c) § 136a(c)

notice and comment for intent to cancel pesticide registration or § 6(b) § 136d(b)

change pesticide classification

Public Hearings/Meetings

timely notice in Federal Register for any public hearings § 21(d) § 136s(d)

objections due 60 days after setting pesticide tolerances or FFDCA § 408(g) 21 U.S.C. § 346a(g)

exemptions; public evidentiary hearing to be held if requested

public hearing on pesticide registration cancellation or change in § 6(d) § 136d(d)

pesticide classification, if requested

Citizen Advisory Groups - no applicable provisions

AVAILABLE INFORMATION

Clearinghouses/Databases

United States Department of Agriculture - Pesticide Data Programs not applicable not applicable

(http://www.usda.gov/science/pdp/index.htm)

National Pesticide Telecommunications Network not applicable not applicable

(http://www.epa.gov/pesticides/info.htm#hotlines)

Public Education

EPA to provide to grocers for public display information regarding FFDCA 21 U.S.C.

dietary exposure to pesticide residues § 408(o) § 346a(o)

worker protection standard info on pesticide labels (mandatory § 12(a) § 136j(a)

pesticide safety training, notice of pesticide applications, availability 

of personal protective equipment, etc.)

data in pesticide registration to be made public § 3(c) § 136a(c)

educational and instructional information on integrated pest § 11(c), § 136i(c),

management to be made available § 136r-1 has no FIFRA § 136r-1

section number
60 a citizen’s guide

FEDERAL INSECTICIDE, FUGICIDE, AND RODENTICIDE ACT/

FEDERAL FOOD, DRUG, AND COSMETIC ACT

FIFRA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

FFDCA SECTION TITLE 7 OR TITLE 21

AVAILABLE INFORMATION

Public Information

cooperative state extension services to inform and educate pesticide § 23(c) § 136u(c)

users about accepted uses and FIFRA regulations

Facility Monitoring Data/Recordkeeping

certified applicators of restricted-use pesticides to maintain detailed no FIFRA section number § 136i-1(a)(1)

application records (available on request to federal or state agency)

registered pesticide producers recordkeeping requirements § 8(a) § 136f(a)

(including pesticide disposal information)

extensive confidential business information protections § 10(b), (d), § 136h(b), (d),

FFDCA § 408(i) 21 U.S.C. § 346a(i)

Agency Inspections - no applicable provisions

Reporting

factual information on unreasonable adverse effects on the 

environment discovered post-pesticide registration § 6(a) § 136d(a)

certified pesticide applicators reporting requirements § 11(a) § 136i(a)

EPA annual report to Congress regarding applications for conditional § 29 § 136w-4

registration by pesticide producers

Local Repositories - no applicable provisions

LEGAL RULES AND OPPORTUNITIES

Standard Setting - no applicable provisions

Rulemaking

pesticide labeling requirements, including directions for use § 12(a) § 136j(a)

worker protection standard required on labels for agricultural § 12(a), § 136j(a)

pesticides (mandatory pesticide safety training, notice of pesticide 40 CFR Parts 170, 156

applications, availability of personal protective equipment, etc.)

storage, transportation or disposal requirements for pesticide stocks § 19(a) § 136q(a)

data requirements to support pesticide registration § 3(c) § 136a(c)

Permitting and Other Approvals

pesticide registration (conditional or unconditional, new or § 3(c) § 136a(c)

amended) waivers available for certain categories of pesticides
appendix a 61

FIFRA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

FFDCA SECTION TITLE 7 OR TITLE 21

FEDERAL INSECTICIDE, FUGICIDE, AND RODENTICIDE ACT/

FEDERAL FOOD, DRUG, AND COSMETIC ACT

LEGAL RULES AND OPPORTUNITES

Permitting and Other Approvals

imported pesticides to be registered with Secretary of Treasury § 3, § 136a,

§ 17(c) § 136o(c)

pesticide use classifications (restricted or general use, or unclassified) § 3(d) § 136a(d)

EPA to reregister all pesticides initially registered before 11-1-84 § 4 § 136a-1

experimental use permits for as-yet unregistered pesticides § 5 § 136c

state certification of pesticide applicators § 11(a) § 136i(a)

exemptions from any provisions if conditions require § 18, § 136(p),

FFDCA § 408(l) 21 U.S.C. § 346a(l)

registration of establishments for production of pesticides or § 7(a) § 136e(a)

active ingredients

exported pesticides largely exempt from FIFRA requirements § 17(a) § 136o(a)

Siting - no applicable provisions

Cleanup Decisions

disposition of existing stocks of pesticides with suspended or § 6(a) § 136d(a)

cancelled registrations

Information Gathering

“data call-in”; request for additional data to support continued § 3(c) § 136a(c)

pesticide registration [possible environmental justice issue: require 

pesticide manufacturer to submit data about potential risks of 

pesticide application]

EPA authority to request data relevant to establishing tolerances FFDCA § 408(f) 21 U.S.C. § 346a(f)

for chemical residues on or in food

EPA authority to inspect places where pesticides are located § 9(a) § 136g(a)

monitoring of man, animals, and their environment for § 20(c) § 136r(c)

pesticide exposure

Enforcement and Compliance Assurance

EPA notice of intent to cancel pesticide registration or change § 6(b) § 136d(b)

pesticide classification

pesticide registration suspension to prevent imminent hazard § 6(c) § 136d(c)

recall of pesticide with cancelled or suspended registration § 19(b) § 136q(b)
62 a citizen’s guide

FEDERAL INSECTICIDE, FUGICIDE, AND RODENTICIDE ACT/

FEDERAL FOOD, DRUG, AND COSMETIC ACT

FIFRA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

FFDCA SECTION TITLE 7 OR TITLE 21

LEGAL RULES AND OPPORTUNITES

Enforcement and Compliance Assurance

EPA authority to modify or revoke tolerance or exemption for FFDCA § 408(e), (f) 21 U.S.C. § 346a(e), (f)

pesticide residues 

EPA authority to seize pesticides or devices that cause unreasonable § 13(b) § 136k(b)

adverse effects

administrative civil penalties for violations § 14(a) § 136l(a)

multiple remedies for misuse or improper disposal of suspended, § 19(d) § 136q(d)

canceled or recalled pesticides

complaints to EPA alleging pesticide use violations are referred § 27(a) § 136w-2(a)

to state for enforcement action (if no action taken within 30 days, 

EPA may enforce)

Major Federal Actions - no applicable provisions

LEGAL TOOLS

Petitions - no applicable provisions

Citizen Suits - no applicable provisions

AVAILABLE RESOURCES

Funding of Public Participation - no applicable provisions

Ombudspersons - no applicable provisions

Grants Available - no applicable provisions

Program Funding - no applicable provisions
national act

appendix a 63

NATIONAL ENVIRONMENTAL POLICY ACT

The National Environmental Policy Act (NEPA) sets

up a process by which the federal government must

evaluate the environmental impacts of any major actions

that it plans to take. Based on its evaluation, the government should choose the federal action that will have the

least impact on the environment, while achieving its

intended goal.

Specifically before the federal government undertakes

any “major federal action,” including any type of construction, it must conduct an environmental impact analysis

and compare various alternative actions, including a “no

action” alternative. Several levels of analysis are permitted.

The government agency proposing to take a major federal

action must first decide whether or not the proposed action

will have any significant environmental impacts. This initial thought process is documented in an environmental

assessment (EA). If no significant environmental impact is

anticipated, a finding of no significant impact (FONSI) is

prepared. If the government agency decides that there may

be some environmental impact, it goes through a scoping

process to define those possible impacts. The government

then prepares an environmental impact statement (EIS)

analyzing various alternatives to the project and their relative impact on the environment. 

Based on the environmental impact analysis in the EIS

and the public comments the agency receives on the draft

EIS, the proposing agency issues a final EIS. The final EIS

identifies the preferred alternative to the project.

Generally, the selection of the proposed alternative is

reflected in a ROD.

The responsibility to prepare an EIS under NEPA rests

solely with the federal government. States’ views are

solicited in the process and are considered by the proposing

agency, but states do not have a decisionmaking role.

NATIONAL ENVIRONMENTAL POLICY ACT

NEPA STATUTORY UNITED STATES 

SECTION OR OTHER CODE SECTION IN

REFERENCE INDICATED TITLE 42

national environmental policy act

NOTICE AND PARTICIPATION

Notice and Comment

public notice of NEPA-related hearings, public meetings, availability 40 C.F.R. § 1506.6(a), not applicable,

of environmental documents [possible environmental justice issue: EPA EJ Guidance not applicable

EPA to implement public participation for EA whenever social/

economic impacts are perceived to be substantial] (EPA Environmental Justice Guidance can be found at: 

http://es.epa.gov/oeca/ofa/ejepa.html.)

public notice of FONSI 40 C.F.R. § 1501.4(e), not applicable,

40 C.F.R. § 6.400(d) not applicable

EPA to solicit community input on environmental justice screening EPA EJ Guidance not applicable

analysis (EPA Environmental Justice Guidance can be found at: 

http://es.epa.gov/oeca/ofa/ejepa.html.)

communities to be involved in deciding appropriate scope of EIS CEQ EJ Guidance, not applicable,

(federal agency to decide best methods for involving public) EPA EJ Guidance not applicable

(CEQ 12-10-97 Environmental Justice Guidance can be found at: 

http://ceq.eh.doe.gov/nepa/regs/ej/justice.pdf.)

(EPA Environmental Justice Guidance can be found at: 

http://es.epa.gov/oeca/ofa/ejepa.html.)

public notice and comment period for draft EIS (minimum 45 days) 40 C.F.R. § 1506.10 not applicable
64 a citizen’s guide

NATIONAL ENVIRONMENTAL POLICY ACT

NEPA STATUTORY UNITED STATES 

SECTION OR OTHER CODE SECTION IN

REFERENCE INDICATED TITLE 42

NOTICE AND PARTICIPATION

Notice and Comment

public comment may be requested on final EIS before agency 40 C.F.R. § 1503.1(b) not applicable

makes decision

Public Hearings/Meetings

public hearings or meetings where there exists substantial 40 C.F.R. § 1506.6(c) not applicable

environmental controversy concerning proposed action

public hearing required for draft EIS 40 C.F.R. § 6.400(c) not applicable

Citizen Advisory Groups - no applicable provisions

AVAILABLE INFORMATION

Clearinghouses/Databases - no applicable provisions

Public Education - no applicable provisions

Facility Monitoring Data/Recordkeeping - no applicable provisions

Agency Inspections - no applicable provisions

Reporting - no applicable provisions

Local Repositories - no applicable provisions

Miscellaneous

materials to be made available without charge to extent 40 C.F.R. § 1506.6(a), not applicable,

practicable (or at cost) FOIA not applicable

LEGAL RULES AND OPPORTUNITIES

Standard Setting - no applicable provisions

Rulemaking

all federal policies, regulations and public laws to be interpreted § 102(1) § 4332(1)

and administered in accordance with NEPA

Permitting and Other Approvals - no applicable provisions
appendix a 65

NEPA STATUTORY UNITED STATES 

SECTION OR OTHER CODE SECTION IN

REFERENCE INDICATED TITLE 42

NATIONAL ENVIRONMENTAL POLICY ACT

LEGAL RULES AND OPPORTUNITIES

Siting

EIS required for any “major federal action” [possible environmental § 102(2), § 4332(2),

justice issue: environmental justice concerns to be specifically CEQ 12-10-97 EJ Guidance not applicable

identified and addressed - six principles listed in CEQ 12-10-97 EJ 

Guidance] (CEQ 12-10-97 Environmental Justice Guidance can be 

found at: http://ceq.eh.doe.gov/nepa/regs/ej/justice.pdf.)

EPA to review and comment on EISs prepared by other federal CAA § 309 § 7609

agencies

Cleanup Decisions - no applicable provisions

Information Gathering - no applicable provisions

Enforcement and Compliance Assurance - no applicable provisions

Major Federal Actions

EIS required for any “major federal action” [possible environmental § 102(2), § 4332(2), 

justice issue: environmental justice concerns to be specifically CEQ 12-10-97 EJ Guidance, not applicable,

identified and addressed - six principles listed in CEQ 12-10-97 40 C.F.R. § 1500.1(c) not applicable

EJ Guidance (“major federal action” = policies, plans, programs, 

or projects)] (CEQ 12-10-97 Environmental Justice Guidance can be 

found at: http://ceq.eh.doe.gov/nepa/regs/ej/justice.pdf.)

EPA to review and comment on EISs prepared by other federal CAA § 309 § 7609

agencies, and refer to CEQ those actions which are “unsatisfactory” 

for public health and welfare or environment [possible environmental justice issue: EPA reviews whether appropriate data was 

analyzed and whether public adequately informed/involved; 

EPA to focus specifically on potential environmental justice issues] 

decision whether federal action warrants preparation of full EIS 40 C.F.R. § 1508.9(a), not applicable,

or EA, or FONSI [possible environmental justice issue: EPA to § 1501.4 not applicable

conduct environmental justice screening analysis and small-scale 

scoping analysis; socio-economic analysis]

scoping of issues for EIS 40 C.F.R. § 1501.7, not applicable

§ 1508.25

EIS to evaluate reasonable alternatives to avoid or minimize adverse 40 C.F.R. § 1502, not applicable

impacts or enhance quality of human environment [possible § 1508.20,

environmental justice issue: alternatives must include no action; § 1508.8,

mitigation measures; identification of potential impact area to § 1508.7, 

include demographic data; environmental justice-specific impacts § 1508.14

based on resource use and interaction with environment; environmental consequences to include socio-economic factors, direct and

indirect impacts, cumulative impact, community acceptance]
66 a citizen’s guide

NATIONAL ENVIRONMENTAL POLICY ACT

NEPA STATUTORY UNITED STATES 

SECTION OR OTHER CODE SECTION IN

REFERENCE INDICATED TITLE 42

LEGAL RULES AND OPPORTUNITIES

Major Federal Actions

and indirect impacts, cumulative impact, community acceptance]

agency issues final EIS and ROD [possible environmental justice 40 C.F.R. § 1505.2 not applicable

issue: must identify and discuss all alternatives; respond to all 

public comments received; include monitoring and enforcement 

program for mitigation measures; ROD must state whether 

proposed action will or will not have disproportionately high impact 

on environmental justice communities and describe mitigation]

tribes and state/local governments may become a “cooperating 40 C.F.R. § 1508.5, not applicable

agency” and participate in scoping and environmental analysis § 1501.6 

portions of EIS

LEGAL TOOLS

Petitions - no applicable provisions

Citizen Suits - no applicable provisions

AVAILABLE INFORMATION

Funding of Public Participation

EPA to provide technical assistance to ensure thorough EPA EJ Guidance not applicable

understanding of proposed federal action 

(EPA Environmental Justice Guidance can be found at: 

http://es.epa.gov/oeca/ofa/ejepa.html.)

Ombudspersons - no applicable provisions

Grants Available - no applicable provisions

Program Funding - no applicable provisions
resource act

appendix a 67

THE RESOURCE CONSERVATION AND

RECOVERY ACT

The Resource Conservation and Recovery Act (RCRA) is

the primary federal law regulating the management and

disposal of solid and hazardous waste. Subtitle C of the

statute creates a complicated system designed to manage hazardous waste from its creation, through its transportation, to

its ultimate disposal. The statute has other provisions dealing with non-hazardous solid waste (primarily municipal

garbage), underground storage tanks, used oil, and medical

waste. This handbook and chart mostly include RCRA provisions on hazardous waste.

Under RCRA, EPA has identified and created a list of

chemical substances and industrial process wastes that it

considers hazardous and subject to RCRA regulation. Any

person who creates hazardous waste as defined in these

lists (called a “generator”), must manage and store these

wastes in accordance with EPA regulations. Similarly,

EPA has established requirements by regulation for anyone

who transports hazardous waste. One of the primary

requirements for both generators and transporters is that

all hazardous waste must be disposed of in a permitted

hazardous waste facility. The most extensive RCRA

requirements apply to hazardous waste treatment, storage,

and disposal facilities.

Most facilities that deal with hazardous waste (whether by

creating it and storing it on-site for more than 90 days, or as a

disposal facility) must have a permit issued under RCRA. As

part of a RCRA permit, any facility that has hazardous waste

on-site from past operations (including spills) must evaluate

the environmental impact of that remaining waste and propose “corrective action” to clean it up as part of the permit.

States can obtain authorization to administer the RCRA

hazardous waste program. Since many additional requirements were added in the 1984 amendments to RCRA (a

statute known as the Hazardous and Solid Waste

Amendments Act of 1984), states have had to apply for supplemental authorization to administer these requirements.

Thus, in many cases, the state will issue the basic RCRA permit, but EPA will still be the agency that determines what

corrective action (if any) is required for past hazardous waste

disposal at the permitted facility.

Subtitle D of RCRA requires the development of state or

regional solid waste plans to manage the disposal of “solid

waste,” which includes municipal garbage and non-hazardous industrial wastes. Under this part of RCRA, EPA

also has developed technical construction standards for “sanitary landfills” – facilities that accept solid waste for treatment

and disposal. Finally, Congress required that “open dumps”

(places where garbage was put on the ground without any

environmental protections) must be closed or upgraded.

RESOURCE CONSERVATION AND RECOVERY ACT

RCRA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 42

resource conservation and recovery act

NOTICE AND PARTICIPATION

Notice and Comment - no applicable provisions

Public Hearings/Meetings

public hearing to be held if EPA receives written notice of opposition § 7004(b)(2) §6974(b)(2)

Citizen Advisory Groups

Expanded Public Participation Rule - informal public meetings 40 C.F.R. Part 270 not applicable

between permit applicants and affected communities (must occur 

before permit application submitted)
68 a citizen’s guide

RESOURCE CONSERVATION AND RECOVERY ACT

RCRA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 42

AVAILABLE INFORMATION

Clearinghouses/Databases - no applicable provisions

Public Education - no applicable provisions

Facility Monitoring Data/Recordkeeping

generators’ recordkeeping requirements [possible environmental § 3002(a) § 6922(a)

justice issue: emergency planning documents]

transporters’ recordkeeping requirements [possible environmental § 3003(a) § 6923(a)

justice issue: shipment manifests]

treatment, storage, disposal facilities requirements [possible § 3004(a) § 6924(a)

environmental justice issue: recordkeeping]

EPA information requests to “handler” of hazardous waste § 3007(a), (b) § 6927(a), (b)

(all information received open to public)

EPA-ordered monitoring § 3013, § 6934,

§ 3008(d) § 6928(d)

Agency Inspections

EPA authority to inspect facilities and obtain samples (information § 3007(a) § 6927(a)

to be publicly available)

Reporting

generators’ annual waste minimization reports § 3002(a)(6)(C) § 6922(a)(6)(C)

generators’ certification of existence of waste minimization program § 3002(b) § 6922(b)

generators’ biennial reporting § 3002(a) § 6922(a)

treatment, storage, disposal facility reporting § 3004(a) § 6924(a)

states to report to EPA an inventory of all sites at which hazardous § 3012(a) § 6933(a)

waste has at any time been stored or disposed

federal agencies to provide EPA with inventory of all federally-owned § 3016 § 6937

or operated hazardous waste sites

Local Repositories - no applicable provisions

LEGAL RULES AND OPPORTUNITIES

Standard Setting - no applicable provisions
appendix a 69

RESOURCE CONSERVATION AND RECOVERY ACT

RCRA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 42

LEGAL RULES AND OPPORTUNITES

Rulemaking

general rulemaking authority § 2002(a)(1) § 6912(a)(1)

hazardous waste listing and identification criteria [possible § 3001 § 6921

environmental justice issue: assessment of risk]

generator standards § 3002(a) § 6922(a)

transporter standards § 3003(a) § 6923(a)

transporter standards, in consultation with the Department § 3003(b) § 6923(b)

of Transportation

treatment, storage, disposal facility standards § 3004(a) § 6924(a)

treatment, storage, disposal facility location standards § 3004(o)(7) § 6924(o)(7)

monitoring and controlling air emissions at treatment, storage, § 3004(n) § 6924(n)

and disposal facilities

non-hazardous wastes §§ 4001-4010 §§ 6941-6949a

guidelines to assist in development and implementation of state § 4002(b), § 6942(b), 

solid waste management plans § 4002(c)(9) § 6942(c)(9)

criteria for determining which facilities are “open dumps” or § 4004(a) § 6944(a)

“sanitary landfills”

underground storage tanks §§ 9001-9010 §§ 6991-6991i

Permitting and Other Approvals

hazardous waste permitting omnibus authority [possible § 3005(c)(3) § 6925(c)(3)

environmental justice issue: presence of sensitive subpopulations, 

unique exposure pathways, risk aggregation - environmental justice 

impacts must be related to human health and environment, not social 

and economic impacts alone]

land disposal permits [possible environmental justice issue: reasonably § 3019 § 6939a

foreseeable releases, potential pathways, nature and magnitude 

of human exposure]

non-hazardous waste management facilities that receive household § 4005 § 6945

and small quantity generator hazardous waste

Siting

treatment, storage, disposal facility standards [possible environmental § 3004(a) § 6924(a)

justice issue: location, design, and construction of facility]

treatment, storage, disposal facility location standards § 3004(o)(7) § 6924(o)(7)
70 a citizen’s guide

RESOURCE CONSERVATION AND RECOVERY ACT

RCRA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 42

LEGAL RULES AND OPPORTUNITES

Cleanup Decisions

corrective action for permitted facilities § 3004(u),(v), § 6924(u),(v), 

§ 3008(h) § 6928(h)

“imminent and substantial endangerment” court action § 7003 § 6973

Information Gathering

ATSDR health assessments for land disposal facilities authorized § 3019 § 6939a

[possible environmental justice issue: public may submit evidence 

of release or exposure]

EPA information requests to “handler” of hazardous waste [possible § 3007(a), (b) § 6927(a), (b)

environmental justice issue: allow entry, inspection and sampling; 

all info received open to public]

EPA-ordered monitoring [possible environmental justice issue: § 3013, § 6934,

EPA can do monitoring or authorize “any person” to do it at § 3008(d) § 6928(d)

company expense]

Enforcement and Compliance Assurance

EPA compliance orders, suspension/revocation of permits, § 3008 § 6928

administrative civil penalties [possible environmental justice issue: 

factors for civil penalty assessment include environmental 

significance/intensity and context of impacts] 

criminal penalties/placing “another person in imminent danger of § 3008(d), (e) § 6928(d), (e)

death or serious bodily injury”

“imminent and substantial endangerment” court action § 7003 § 6973

Major Federal Actions - no applicable provisions

LEGAL TOOLS

Petitions - no applicable provisions

Citizen Suits

against anyone violating requirements, or against EPA to enforce § 7002(a) § 6972(a)

non-discretionary duty; to correct imminent and substantial 

endangerment to health or environment

Funding of Public Participation - no applicable provisions

Ombudspersons - no applicable provisions
appendix a 71

RESOURCE CONSERVATION AND RECOVERY ACT

RCRA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 42

AVAILABLE RESOURCES

Grants Available

grants for training regarding occupations involving solid waste § 7007 § 6977

facilities [possible environmental justice issue: could train local 

residents for skilled positions at nearby solid waste facilities]

Program Funding

financial assistance for state solid waste management plans that § 4008 § 6948

contain resource recovery and conservation components

federal assistance in planning and implementing energy and not applicable § 6941a(6)

materials conservation and recovery programs should be available 

to all communities on an equitable basis
safe drin act safe drinking water act

72 a citizen’s guide

SAFE DRINKING WATER ACT

The Safe Drinking Water Act (SDWA) has two principal programs: regulating public water systems and the

quality of water they provide for human consumption, and

protecting underground sources of drinking water from

contamination (known as the “underground injection control” or UIC program).

In regulating the quality of public drinking water, EPA has

established national primary and secondary drinking water

standards. EPA calls these standards maximum contaminant

levels (MCLs) and maximum contaminant level goals

(MCLGs). Variances and exemptions from these national

drinking water standards are available for various reasons. 

Virtually every state has received authorization from

EPA to administer the safe drinking water program within

its boundaries. This means that the state decides whether a

public water system qualifies for a variance or exemption

from national drinking water standards. The state is also

responsible for enforcement of the national standards.

The SDWA program to control underground injection

of contaminants and to protect underground drinking

water supplies is administered primarily at the state level.

EPA has established five classes of underground injection

wells, with differing requirements for each class. States

issue permits on the basis of these regulations, and no

underground injection of polluting substances is allowed

without a permit.

SAFE DRINKING WATER ACT

SDWA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 42

NOTICE AND PARTICIPATION

Notice and Comment

public notice and comment before granting facility-specific variance § 1415(a)(1) § 300g-4(a)(1)

to national primary drinking water standards

public notice and comment for EPA’s 3-year review of variances and 40 C.F.R. § 142.22 not applicable

exemptions granted to national primary drinking water standards

public notice and comment on state’s plan of intended uses for § 1452(b) § 300j-12(b)

drinking water treatment revolving loan fund

Public Hearings/Meetings

public hearing on EPA notice to revoke variance from, or 40 C.F.R § 142.23 not applicable

revise compliance schedule for, attaining national primary drinking

water standards

public hearing before exemption granted from national primary § 1416 § 300g-5

drinking water standards due to compelling factors

public hearing and “reasonable opportunity for presentation § 1422(b) § 300h-1(b)

of views” before EPA acts on state’s application to administer 

underground injection control program

Citizen Advisory Groups

National Drinking Water Advisory Council (15 members, 5 of them § 1446 § 300j-5

from “general public” and 5 from private organizations/groups)
appendix a 73

SAFE DRINKING WATER ACT

SDWA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 42

NOTICE AND PARTICIPATION

Citizen Advisory Groups

states to establish technical and citizens’ advisory committees to § 1428(b) § 300h-7(b)

encourage public participation in developing underground injection 

control program

AVAILABLE INFORMATION

Clearinghouses/Databases

database of occurrence of regulated and unregulated contaminants § 1445(g) § 300j-4(g)

in public water systems

Public Education

information supporting regulations on MCLs must identify § 1412(b)(3)(B) § 300g-1(b)(3)(B)

population-specific health effects [possible environmental justice 

issue: info to be communicated in meaningful way]

results of EPA’s periodic review of variances granted by states to small § 1415(e)(8)(A) § 300g-4 (e)(8)(A)

systems to be made public

results of EPA’s triennial review of exemptions granted by states to § 1416(d) § 300g-5(d)

be made public

Facility Monitoring Data/Recordkeeping

recordkeeping, monitoring, and reporting requirements § 1445 § 300j-4

monitoring programs that public water systems must implement for § 1445(a)(2) § 300j-4(a)(2)

unregulated contaminants [possible environmental justice issue: 

representative sampling for systems with less than 10,000 users; 

users of system to be notified of monitoring results]

Agency Inspections

EPA authority to inspect and take samples from public drinking § 1445(b) § 300j-4(b)

water supplies

Reporting

community water systems to mail annual report on level of § 1414(c)(4)(A) § 300g-3(c)(4)(A)

contaminants in drinking water system to customers (“community 

water system” has 15+ service connections for year-round customers or 

25+ year-round customers) [possible environmental justice issue: 

“consumer confidence report” to include plainly worded information] 

annual reports by public water systems, states and EPA about SDWA § 1414(c) § 300g-3(c)

violations (http://www.epa.gov/safewater/dwinfo.htm)

EPA determination that sole source aquifer, if contaminated, could § 1424(e) § 300h-3(e)

create significant hazard to public health
74 a citizen’s guide

SAFE DRINKING WATER ACT

SDWA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 42

AVAILABLE INFORMATION

Reporting

public water systems to notify persons served by system of failures § 1414(c)(1) § 300g-3(c)(1)

to comply, variances and exemptions, and of concentrations of 

unregulated contaminants [possible environmental justice issue: 

notice to be given within 24 hours for violations with potential for 

serious adverse health effects from short-term exposure; notice to 

head of enforcing agency, broadcast media, newspaper, posting, or 

door-to-door]

state to make available to public annual report on violations of § 1414(c)(3) § 300g-3(c)(3)

national primary drinking water standards by public water systems; 

EPA to make public its own annual report

state’s plan for intended uses of drinking water treatment revolving § 1452(b) § 300j-12(b)

loan fund

state to report to EPA every 2 years regarding progress in § 1428(g) § 300h-7(g)

implementing underground injection control program

Local Repositories - no applicable provisions

LEGAL RULES AND OPPORTUNITIES

Standard Setting

national primary drinking water standards (MCL or treatment § 1412, § 300g-1,

technique; MCLG; health-based standards); public health effects § 1412(b)(3)(B) § 300g-1(b)(3)(B)

information to be comprehensive, informative and understandable

cost/benefit analysis to support primary drinking water standards to § 1412(b)(3)(C), § 300g-1(b)(3)(C),

consider health risks to subpopulations at greater risk [possible § 1412(b)(4)(C) § 300g-1(b)(4)(C)

environmental justice issue: increased risk to environmental justice 

communities can increase benefit side of cost/benefit balance]

exceptions from feasible levels allowed for MCLs if interferes with § 1412(b)(1), (5) § 300g-1 (b)(1), (5)

MCL compliance for other contaminants

interim national primary drinking water regulation authorized to § 1412(b)(1)(D) § 300g-1(b)(1)(D)

address urgent threat to public health [possible environmental 

justice issue: cost/benefit analysis delayed]

Rulemaking

best treatment technologies/techniques or variance technologies to § 1412(b)(15) § 300g-1(b)(15)

meet primary drinking water standards [possible environmental 

justice issue: cost is consideration for granting variance, but must 

still be protective of public health]

protection of underground sources of drinking water from § § 1421 - 1429 § § 300h - 300h-8

underground injection of contaminants

EPA guidance to states to identifaeas that supply drinking water § 1453 § 300j-13(a)

and are susceptible to contaminants
appendix a 75

SAFE DRINKING WATER ACT

SDWA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 42

LEGAL RULES AND OPPORTUNITES

Permitting and Other Approvals

authority to grant facility-specific variances from national primary § 1415(a)(1) § 300g-4(a)(1)

drinking water standards [possible environmental justice issue: 

based on intake water quality; must still be protective of public health]

variances from national primary drinking water standards for “small § 1415(e) § 300g-4(e)

systems” [possible environmental justice issue: EPA needs to approve 

each state-proposed variance for 3,300-10,000 user size systems; must 

still be protective of public health]

EPA to periodically review variances granted by states § 1415(e)(8)(A) § 300g-4(e)(8)(A)

exemptions from national primary drinking water standards available § 1416 § 300g-5

due to compelling factors [possible environmental justice issue: 

including economic facts, such a system serving a “disadvantaged 

community”; exemption must include compliance schedule and 

interim control measures]

EPA to conduct 3-year review of variances and exemptions granted § 1416(d) § 300g-5(d)

from national primary drinking water standards

permits for underground injection wells § 1421(b)(1), § 300h(b)(1), 

§ 1422(c) § 300h-1(c)

Siting - no applicable provisions

Cleanup Decisions - no applicable provisions

Information Gathering - no applicable provisions

Enforcement and Compliance Assurance

imminent and substantial endangerment enforcement authority § 1431(a) § 300i(a)

EPA authority to revoke state variances from, or revise compliance § 1415(e)(10)(A) § 300g-4(e)(10)(A)

schedules for, attaining national primary drinking water standards 

(small systems only)

EPA authority to issue orders and bring civil action to compel § 1414 § 300g-3

compliance with drinking water requirements (prior notification of 

state or local official required)

EPA authority to issue orders and bring civil action for protection of § 1423(a) § 300h-2(a)

underwater sources of drinking water 

EPA authority to assess civil penalties for underground injection § 1423(c) § 300h-2(c)

program violations

EPA may deny federal financial assistance to any project which may § 1424(e) § 300h-3(e)

contaminate sole source aquifer through a recharge zone

Major Federal Actions - no applicable provisions
76 a citizen’s guide

SAFE DRINKING WATER ACT

SDWA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 42

LEGAL TOOLS

Petitions

petition to have EPA object to/revoke state variance from attaining § 1415(e)(10)(B) § 300g-4(e)(10)(B)

national primary drinking water standard [possible environmental 

justice issue: small systems only; any person served by system 

may petition] (40 C.F.R. § 142.310)

Citizen Suits

to enforce violations of the statute § 1449(a) § 300j-8(a)

AVAILABLE RESOURCES

Funding of Public Participation - no applicable provisions

Ombudspersons - no applicable provisions

Grants Available

EPA agreements with states to capitalize drinking water treatment § 1452 § 300j-12

revolving loan funds 

state authority to provide additional subsidies for loans to § 1452(d) § 300j-12(d)

“disadvantaged community” [possible environmental justice issue: 

can include forgiveness of principal]

1.5% of annual appropriation for revolving loan fund capitalization § 1452(i) § 300j-12(i)

to be set aside for Indian tribes and Alaska Native villages

grants to Arizona, California, New Mexico, and Texas for assistance § 1456 § 300j-16

to low-income communities known as “colonias” to facilitate 

compliance with national primary drinking water standards

Program Funding

grants to states and tribes to implement public water system § 1443(a) § 300j-2(a)

supervision programs

grants to states and tribes to implement underground water § 1443(b) § 300j-2(b)

supply protection programs
toxic act toxic substances control act

appendix a 77

TOXIC SUBSTANCES CONTROL ACT 

The Toxic Substances Control Act (TSCA) provides a

framework for addressing risks to health and the

environment from chemical substances. Under TSCA,

EPA has authority to screen new chemicals, test existing

chemicals, and place restrictions on the use of chemical

substances that pose “unreasonable” health or environmental risks.

While EPA does not formally issue permits for new

chemicals under TSCA, no one may manufacture a new

chemical or use an existing chemical for a significant new

use without EPA review and approval. Manufacturers

must request permission by providing EPA with a premanufacture notice (PMN) or significant new use notice

(SNUN). In giving its approval, EPA can place conditions

on activities involving new chemicals or significant new

uses of existing chemicals to protect public health.

TSCA requires all manufacturers and processors of certain existing chemical substances to undertake testing of

those chemicals and report the test data to EPA. EPA can

impose a variety of limitations on the use of existing

chemicals that it finds pose a risk to health or the environment. It can prohibit or limit the chemical’s manufacture,

processing, or distribution; it can require warnings,

instructions, or public notice regarding the risks of use; it

can restrict commercial use of the chemical; and it can regulate how the chemical is disposed. For example, using

this authority, EPA has banned the manufacture, processing, and distribution of PCBs.

TSCA also requires EPA to reduce public exposure to

lead. EPA has issued regulations that address lead-based

paint hazards, lead-contaminated dust, and lead-contaminated soil. EPA has also developed public education

materials to increase public awareness about the risks and

practicalities of lead hazards.

The majority of TSCA authorities are administered by

EPA and cannot be delegated to the states. States can,

however, receive authorization to operate two lead programs: training and certification of those involved in

lead-based paint activities, and preparation of lead hazard information.

TSCA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 15

TOXIC SUBSTANCES CONTROL ACT

NOTICE AND PARTICIPATION

Notice and Comment

notice and comment, and opportunity for informal hearing, before § 6(c)(2) § 2605(c)(2) 

EPA regulates chemicals that pose unreasonable risk

opportunity for written and oral presentations, and public § 4(b)(5) § 2603(b)(5)

“focus meeting,” before EPA issues testing rules for chemicals that 

may pose unreasonable risk

consent agreement negotiations on testing requirements open to § 4(b), § 2603(b),

public, and all documents in EPA’s public file 40 C.F.R. § 790 not applicable

Public Hearings/Meetings - no applicable provision

Citizen Advisory Groups - no applicable provision
78 a citizen’s guide

TOXIC SUBSTANCES CONTROL ACT

SDWA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 42

AVAILABLE INFORMATION

Clearinghouses/Databases

National Clearinghouse on Childhood Lead Poisoning § 405(e) § 2685(e)

(http://www.epa.gov/opptintro/lead/leadpbed.htm; http://www.

epa.gov/lead) 

Public Education

EPA to sponsor education to increase awareness about lead exposure § 405(d) § 2685(d)

information about renovation and remodeling practices/reduction § 402(c) § 2682(c)

of lead exposure

lead hazard information booklet, to be revised periodically § 406 § 2686

(http://www.epa.gov/lead/403FS01.pdf; 

www.epa.gov/lead/leadpbed.htm) 

Facility Monitoring Data/Recordkeeping

manufacturer/processor of chemical must keep records of § 8(c) § 2607(c)

significant adverse reactions allegedly caused by substance or 

mixture [possible environmental justice issue: EPA has authority 

to request records for inspection]

Agency Inspections - no applicable provision

Reporting

facility reporting about chemicals it manufactures or processes (PAIR § 8(a) § 2607(a)

form information available by phone at TSCA docket, 202-260-7099)

submit to EPA any health and safety studies that manufacturer/ § 8(d) § 2607(d)

processor conducted, knows about, or can find

inform EPA immediately of information that supports conclusion § 8(e) § 2607(e)

that chemical presents substantial risk of injury

Local Repositories - no applicable provision

LEGAL RULES AND OPPORTUNITIES

Standard Setting

prohibition on manufacture, processing or distribution of PCBs, § 6(e) § 2605(e)

except in totally enclosed manner, with exceptions

petition procedure to obtain exemption from totally enclosed use § 6(e)(3) § 2605(e)(3)

of PCBs rule
appendix a 79

LEGAL RULES AND OPPORTUNITES

TSCA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 15

Rulemaking

authorization to regulate manufacture, distribution or use of § 6 § 2605

chemicals that present unreasonable risk of injury 

methods for disposal of PCBs § 6(e), § 2605(e)

40 C.F.R. § 761.65, 

§ 761.50,

§ 761.60,

§ 761.75(c),

§ 761.70(d)(3)

identify hazards of lead-based paint hazards, lead-contaminated § 403 § 2683

dust, and soil (national guidance for lead hazard reduction activities)

specify what constitutes “new use” of chemicals § 5(a) § 2604(a)

list of substances that may present an unreasonable risk of injury § 5(b) § 2604(b)

[possible environmental justice issue: manufacturer of listed chemicals 

must prove lack of unreasonable risk]

committee to create prioritized list of chemicals subject to rulemaking, § 4(e) § 2603(e)

and review every six months (rule-making to occur within 12 months 

of being listed)

EPA to require health and environmental effects testing of chemicals § 4(a) § 2603(a)

that may present unreasonable risk for which there are insufficient 

data [possible environmental justice issue: must look at cumulative 

or synergistic effects]

Permitting and Other Approvals

PMN required 90 days before manufacturing an unlisted chemical; § 5 § 2604

SNUN required before manufacturing a listed chemical for a new use 

[possible environmental justice issue: EPA has to take action to 

prohibit/restrict use; silence for 90+ days constitutes approval]

EPA may prohibit or place conditions on activities involving new § 5(e) § 2604(e)

chemicals or new uses, if insufficient data exist to evaluate health 

and environmental impacts [possible environmental justice issue: 

review can be site-specific]

Siting - no applicable provision

Cleanup Decisions

EPA authority to act if presence of asbestos in school poses § 208 § 2648

imminent and substantial endangerment, and local agency not 

taking sufficient action

Information Gathering

EPA authority to require facility to submit information about quality § 6(b) § 2605(b)

control procedures

TOXIC SUBSTANCES CONTROL ACT
SDWA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 42

80 a citizen’s guide

TOXIC SUBSTANCES CONTROL ACT

LEGAL RULES AND OPPORTUNITES

Information Gathering

EPA authority to conduct inspections (includes subpoena authority) § 11 § 2610

Enforcement and Compliance Assurance

EPA authority to order facility to change its quality-control § 6(b) § 2605(b)

procedures, and to notify public of risks associated with its 

management of chemical

EPA authority to seize chemical substances that present imminent § 7 § 2606

and unreasonable risk of serious or widespread injury

EPA must act within 180 days of receiving information that chemical § 4(f) § 2603(f)

presents significant risk of serious or widespread harm from cancer, 

gene mutations, or birth defects

administrative civil penalties for violations § 16(a) § 2615(a)

Major Federal Actions - no applicable provision

LEGAL TOOLS

Petitions

petition to issue amend or repeal a rule; public hearing after receipt § 21 § 2620

of petition (a 1994 petition led to EPA subpoenas regarding chemical 

discharges along US/Mexico border) http://www.planeta.com/

ecotravel/border/0095new.html) (petitions are available at TSCA 

docket, 202-260-0660)

Citizen Suits

to enforce provisions of the statute § 20 § 2619

AVAILABLE RESOURCES

Funding of Public Participation

compensation for costs of participating in EPA’s attempts to regulate § 6(c)(4) § 2605(c)(4)

chemicals that pose unreasonable risk (NOTE: due to court reversals, 

EPA is “deemphasizing” this regulatory authority)

Ombudspersons

asbestos ombudsman office created within EPA § 212 § 2652
appendix a 81

TSCA STATUTORY UNITED STATES 

SECTION OR CODE SECTION IN

REGULATION TITLE 15

TOXIC SUBSTANCES CONTROL ACT

SDWA STATUTORY UNITED STATES 

TLE 42

AVAILABLE RESOURCES

Grants Available

HHS grants to non-profit organizations to develop inexpensive and § 27 § 2626

efficient testing methods

Program Funding

technical assistance to states to carry out radon-related activities § 305 § 2665

[possible environmental justice issue: including demonstration projects

to reduce high radon levels in homes]

grants to states to implement radon programs [possible § 306 § 2666

environmental justice issue: states to give preference to lowincome persons]
appendix b 83

GRANT PROGRAM: BROWNFIELDS

ASSESSMENT DEMONSTRATION PILOTS

Purpose:

To empower states, communities, tribes, and other stakeholders in economic redevelopment to work together in a

timely manner to prevent, assess, and safely cleanup

brownfields to promote their sustainable reuse. EPA's

Brownfields Assessment Demonstration Pilots are directed

toward environmental activities preliminary to cleanup,

such as site assessments, site identification, site characterization, and site response or cleanup planning. These pilot

programs can provide communities with useful information and strategies so that they can play a role in new,

cooperative approaches to site assessment, environmental

cleanup, and redevelopment. 

Eligible Applicants:

States and U.S. territories, political subdivisions 

(including cities, towns, and counties) and federally 

recognized Indian tribes.

Award Amounts for FY2002: 

Up to $200,000 for 2 years

Approximate Application Period in FY2003: 

Varies

Contact Information:

Becky Brooks, Office of Solid Waste and 

Emergency Response, 202-260-8474

GRANT PROGRAM: BROWNFIELDS 

JOB TRAINING AND DEVELOPMENT

DEMONSTRATION PILOTS

Purpose:

To bring together community groups, job training organizations, educators, labor groups, investors, lenders, developers, and other affected parties to address the issue of

providing environmental employment and training for residents in communities impacted by brownfields. These

grants facilitate cleanup of brownfields sites contaminated

with hazardous substances and prepare trainees for future

employment in the environmental field. The pilot projects

must prepare trainees in activities that can be usefully

applied to a cleanup employing an alternative or innovative technology.

Eligible Applicants: 

Colleges, universities, nonprofits, training centers, community-based job training centers, states, cities, towns, counties, U.S. territories, and federally recognized Indian tribes.

Generally, entities with experience in providing job training and placement programs are invited to apply.

Award Amounts for FY2002: 

Up to $200,000 over 2 years

Approximate Application Period in FY2003: 

Varies

Contact Information: 

Myra Blakely, Office of Solid Waste and Emergency

Response, 202-260-4527

appendix b: 

Overview of Additional U.S. EPA 

Community Grant Programs

For more information on EPA Grant Opportunities, please visit the 

following website: www.epa.gov/epahome/grants.htm.

The grant programs outlined in this chart provide funds either directly, or 

indirectly, to community groups. The grant programs cover a range of issues and 

are not necessarily focused specifically on environmental justice concerns.
84 a citizen’s guide

GRANT PROGRAM: NATIONAL 

ESTUARY PROGRAM

Purpose:

To promote the development of comprehensive conservation and management plans for designated estuaries. The

National Estuary Program (NEP) is designed to encourage

local communities to take responsibility for managing their

own estuaries. Each NEP is made up of representatives

from federal, state, and local government agencies responsible for managing the estuary's resources, as well as members of the community - citizens, business leaders, educators, and researchers. These stakeholders work together to

identify problems in the estuary, develop specific actions to

address those problems, and create and implement a formal

management plan to restore and protect the estuary. 

Eligible Applicants:

Grants are issued only for those estuaries designated as

"nationally significant" by EPA. EPA is authorized to

make grants to state, interstate, and regional water pollution control agencies and entities, state coastal zone management agencies, interstate agencies, other public and

nonprofit private agencies, institutions, organizations, and

individuals (Section 320(g)(l)). Profit-making organizations are not eligible for grants.

Award Amounts for FY2002:

$10,000 to $795,000

Approximate Application Period in FY2003:

November to May

Contact Information: 

Darrell Brown, Office of Wetlands, Oceans, and

Watersheds Protection, 202-260-6502

GRANT PROGRAM: SOLID WASTE

MANAGEMENT ASSISTANCE

Purpose:

To promote the use of integrated solid waste management

systems to solve municipal solid waste generations and

management problems at the local, regional, and national

levels.

Eligible Applicants:

These funds can be awarded to the following types of

nonprofit entities: public authorities (federal, state, interstate, intrastate, and local), public agencies and institutions; private organizations and agencies, institutions and

individuals; and Indian tribes. Profit-making organizations are not eligible.

Award Amounts for FY2002:

$5,000 to $250,000

Approximate Application Period in FY2003:

Varies

Contact Information:

Linda Kutsher, Office of Solid Waste, 703-308-6114

This information has been adapted from EPA’s website and

the following source: U.S. EPA Office of Administration and

Resource Management. Asian American & Pacific Islander

Outreach Strategy, EPA-202-k-01-003. September 2001.

Pp. 40-41.
appendix c 87

appendix C: 

Selected Other Environmental

Justice Resources

USEFUL RESOURCES:

Been, Vicki. What’s Fairness Got to Do With It?

Environmental Justice and Siting of Undesirable Land Use. 

78 Cornell L. Rev. September 1993.

Bullard, Robert. People of Color Environmental Groups.

Environmental Justice Resource Center. 

Clark Atlanta University. Atlanta, Georgia. 2000.

[http://www.ejrc.cau.edu/poc2000.htm] 

Bullard, Robert. Unequal Justice. Sierra Club Books. 

San Francisco, California. 1994.

[http://www.ejrc.cau.edu/books4sale.html]

Cole, Luke, and Sheila Foster. From the Ground Up:

Environmental Racism and the Rise of the Environmental

Justice Movement. New York University Press. 2001.

Council on Environmental Quality. Environmental Justice:

Guidance under the National Environmental Policy Act.

December 10, 1997. 

[http://ceq.eh.doe.gov/nepa/regs/ej/justice.pdf]

Environmental Law Institute. Community Environmental

Health Assessment Workbook: A Guide to Evaluating 

Your Community's Health and Finding Ways to 

Improve It. 2000. 

[http://www.eli.org/store/rr00communityhealth.html]

Environmental Law Institute. Opportunities for Advancing

Environmental Justice: An Analysis of U.S. EPA Statutory

Authorities. 2001. 

[http://www.eli.org, under “Publications,” 

“Research Reports & Briefs, 2001"]

Executive Order 12898, Federal Action to Address

Environmental Justice. February 1994.

[http://www.epa.gov/swerosps/ej/ejndx.htm#12898]

Memorandum for the Heads of All Departments and Agencies,

accompanying Executive Order 12898. 

February 11, 1994.

Ferris, Deeohn. Communities of Color and Hazardous Waste

Cleanup: Expanding Public Participation in the Federal

Superfund Program. 21 Fordham Urb. L.J. 671. 

Spring 1994. 

Gibbs, Lois. Getting Organized and Getting Out: A Citizen’s

Guide to Contamination, Compensation and Relocation.

Citizens Clearinghouse for Hazardous Waste. 1994. 

[Available from: Citizens Clearinghouse for Hazardous Waste,

Inc., P.O. Box 6806, Falls Church, VA 22040. Make check

payable to CCHW for $10.00 plus $2.09 postage.]

Harker, Donald, and Elizabeth Natter. Where We Live: A

Citizen’s Guide to Conducting a Community Environmental

Inventory. Island Press. 1995.

[http://www.islandpress.org/books/Detail.tpl?cart=3088503993

6340&SKU=1-55963-377-8]

Hill, Barry, and Nicholas Targ. The Link Between Protecting

Natural Resources and the Issue of Environmental Justice. 

20 B.C. Envtl. Aff. L. Rev. 1. 2000.

[http://www.bc.edu/bc_org/avp/law/lwsch/journals/bcealr/28_1

/01_FMS.htm]

Kuehn, Robert, ed. Citizen’s Guide to Environmental Activism

in Louisiana. Tulane Environmental Law Clinic. 1991.

Lavelle, Marianne, and Marcia Coyle. Unequal Protection.

National Law Journal. September 21, 1992.

Lazarus, Richard, and Stephanie Tai. Integrating

Environmental Justice into EPA Permitting Authority. 

26 Ecology L.Q. 617. 1999. 

Lester, Stephen, Brian Lipsett and Karen Stults. Using Your

Right to Know: A Guide to the Community Right-to-Know

Act. Fact Pact P091. Center for Health, Environment &

Justice. 1989. 

[http://www.chej.org]

Lester, Stephen and Penny Newman. Technical Assistance

Grants, A User’s Guide: The Art of Getting, Using and

Controlling Your Expert. Citizens Clearinghouse for

Hazardous Wastes. September 1989.
88 a citizen’s guide

Miller, Janet M. and Marla Painter. Taking Charge: A

Community Action Guide to the Environmental Impact

Statement Process. 

The National Association of County and City Health Officials.

Community Revitalization and Public Health: Issues, Roles and

Relationships for Local Public Health Agencies. June 2000.

[http://www.naccho.org/prod89.cfm]

National Environmental Justice Advisory Council Waste 

and Facility Siting Subcommittee. Environmental Justice,

Urban Revitalization, and Brownfields: The Search for

Authentic Signs of Hope. 1997. 

[http://www.epa.gov/swerosps/ej/html-doc/nejachtm.htm] 

O’Neill, Catherine A. Variable Justice: Environmental

Standards, Contaminated Fish, and Acceptable Risk to Native

Peoples. 19 Stan. Envtl. L.J. 3. 2000.

Peterson, Jane A., ed. Eco-Justice: Linking Human Rights 

and the Environment. World Watch Paper 127. 

World Watch Institute. December 1995. 

[http://secure.worldwatch.org/cgibin/wwinst/WWP0127?KJd3

SG4G;;89]

Pring, George W. and Penelope Canan. SLAPPs: Getting Sued

for Speaking Out. Temple University Press: Philadelphia. 1996.

[http://www.temple.edu/tempress/titles/1228_reg.html]

Pulido, Laura. Environmentalism and Economic Justice: 

Two Chicano Struggles in the Southwest. The University 

of Arizona Press: Tucson. 1996. 

[http://www.uapress.arizona.edu/books/BID964.htm]

Southwest Network for Environmental and Economic Justice

and the Environmental Law Institute. Working with Lawyers:

A Guide for Community Residence and Environmental Justice

Activists. 1996.

Southwest Network for Environmental and Economic Justice

and the Environmental Law Institute. SLAPPs, Strategic

Lawsuits Against Public Participation: A Guide for Community

Residents and Environmental Justice Activists. 1997.

United Church of Christ Commission for Racial Justice. 

Toxic Wastes and Race in the United States: A National Report

on the Racial and Socioeconomic Characteristics of

Communities Surrounding Hazardous Waste Sites. 

New York: United Church of Christ. 1987.

U.S. Department of Energy. Incorporating Environmental

Justice Principles into the CERCLA Process, DOE/EH-413

9812. May 1998.

U.S. EPA. Environmental Justice Action Agenda,

EPA540R95/023. May 1995.

[http://www.epa.gov/swerosps/ej/ejndx.htm#aa]

U.S. EPA. Environmental Justice Annual Report. 1996. 

[http://es.epa.gov/oeca/main/ej/ej96annrep.html] 

U.S. EPA Office of Enforcement and Compliance Assurance.

EPA’s Section 309 Review: The Clean Air Act and NEPA,

Quick Reference Brochure. April 1999. 

[http://es.epa.gov/oeca/ofa/brochure.html]

U.S. EPA Office of Environmental Justice. 1998 Biennial

Report: Working Towards Collaborative Problem Solving. 

July 1999.

[http://es.epa.gov/oeca/main/ej/98biennial.pdf]

U.S. EPA Office of Federal Activities. Final Guidance for

Incorporating Environmental Justice Concerns in EPA’s 

NEPA Compliance Analyses. April 1998. 

[http://es.epa.gov/oeca/ofa/ejepa.html]

U.S. EPA Office of Federal Activities. EPA Guidance for

Consideration of Environmental Justice in Clean Air Act

Section 309 Reviews. July 1999. 

[http://es.epa.gov/oeca/ofa/ej_nepa.html]

U.S. EPA Office of Solid Waste and Emergency Response.

Brownfields Title VI Case Studies, EPA 500-R-99-003. 

June 1999. 

[http://www.epa.gov/swerosps/ej/ejndx.htm#titlevi]

U.S. EPA Office of Solid Waste and Emergency Response.

1997-1998 Waste Programs Environmental Justice

Accomplishments Report, EPA-500-R-00-003. 

May 2000. 

[http://www.epa.gov/swerosps/ej/html-doc/ejacom97.htm]

U.S. EPA Subcommittee on Enforcement of the National

Environmental Justice Advisory Council. Memorandum on

Integrating Environmental Justice into EPA Permitting

Authority. July 18, 1996.

[http://es.epa.gov/oeca/ofa/cumula.html]

USEFUL WEBSITES:

An Annotated Bibliography on Environmental Justice. 

Prepared by Ruth Neal and April Allen for the Environmental

Justice Resource Center at the Clark Atlanta University.

http://www.ejrc.cau.edu/annbib.html

Bibliography from North Carolina State University.

http://www.ces.ncsu.edu/depts/agecon/PIE/preference.html

Environmental Defense Scorecard. Enter your zipcode 

and find out what pollutants are being released into 

your community.

http://www.scorecard.org/

Environmental Justice Database. Contains numerous articles

from the late 1980s and early 1990s.

http://www.msue.msu.edu/msue/imp/modej/masterej.html

National Wildlife Federation: Take Action Site. Learn how to:

take personal action, organize your community, use the news,

and locate federal and state lawmakers. 

http://www.nwf.org/action/howtos/index.html
appendix c 89

Right to Know Network. Contains government resources. 

Has a search function that allows users to look up toxic 

substances in their areas.

http://rtk.net/

Working Group on Environmental Justice bibliography.

http://ecojustice.net/bib/
appendix d 91

EPA HEADQUARTERS:

United States Environmental Protection Agency

Ariel Rios Building

1200 Pennsylvania Avenue, N.W.

Washington, DC 20004

http://www.epa.gov/

General Info............................ 202-260-2090

EPA REGIONAL OFFICES:

Region 1: Serving Connecticut, Maine, Massachusetts, 

New Hampshire, Rhode Island, and Vermont

United States Environmental Protection Agency

Region 1

1 Congress Street, Suite 1100

Boston MA 02114-2023

http://www.epa.gov/region01/

General Info............................ 888-372-7341

Outside of the Region..................... 617-918-1111

Environmental Justice Program ............. 617-918-1061

EPA New England Programs & Special Programs:

http://www.epa.gov/region01/programs/index.html

Please see website listed above for information on Air Program,

Pesticides, Toxics & Radiation Program, Waste Program, Water

Program, and other programs. 

Region 2: Serving New Jersey, New York, Puerto Rico 

and the U.S. Virgin Islands

United States Environmental Protection Agency

Region 2

290 Broadway 

New York, New York 10007-1866

http://www.epa.gov/region02/

General Info............................ 212-637-3000

Environmental Justice Program ............. 212-637-5027

Please see website listed above for information on Air Program,

Pesticides Program, Superfund Program, Waste Program, 

Water Program and others. 

Region 3: Serving Delaware, Maryland, Pennsylvania,

Virginia, West Virginia, and the District of Columbia

United States Environmental Protection Agency

Region 3

1650 Arch Street

Philadelphia, PA 19103-2029 

http://www.epa.gov/region03/

General Info............................ 800-438-2474

Outside of the Region .................... 215-814-5000 

Air Protection Division................... 215-814-2100

Enforcement, Compliance and

Environmental Justice Office.............. 215-814-2106 

Hazardous Site Cleanup Division............ 215-814-3000

Waste and Chemicals Management Division.... 215-814-3110

Water Protection Division.................. 215-814-2300

Region 4: Serving Alabama, Florida, Georgia, 

Kentucky, Mississippi, North Carolina, South Carolina, 

and Tennessee

United States Environmental Protection Agency

Region 4

Atlanta Federal Center

61 Forsyth Street, SW 

Atlanta, GA 30303-3104 

http://www.epa.gov/region04/

General Info............................ 800-241-1754

Outside of the Region .................... 404-562-9900 

Air, Pesticides, and Toxic Management Division 404-562-9077

Environmental Accountability Division....... 404-562-9655

Waste Management Division............... 404-562-8651

Water Management Division............... 404-562-9345

Please see website listed above for information on Air Program,

Pesticides Program, Superfund Program, Waste Program, 

Water Program and others.

appendix d: 

EPA Headquarters and Regional Offices

This contact information is current at the time of publication. For the most up-to-date information 

please see the following website: http://www.epa.gov/epahome/postal.htm.

EPA 
appendix e 95

Alabama

Environmental Management Department

1400 Coliseum Blvd.

P.O. Box 301463

Montgomery, AL 36130-1463

http://www.adem.state.al.us

General Info............................ 334-271-7700

Air Division ............................ 334-271-7868

Water Division.......................... 334-271-7823

Alaska

Department of Environmental Conservation

410 Willoughby Ave, Ste. 303

Juneau, AK 99801-1795

http://www.state.ak.us/dec/home.htm

General Info............................ 907-465-5010

Air and Water Quality Division ............. 907-269-7634

Environmental Health Division ............. 907-269-7654

Spill Prevention & Response Division ........ 907-465-5250

Arizona

Environmental Quality Department

3033 N. Central Ave.

Phoenix, AZ 85012

http://www.adeq.state.az.us

General Info............................ 602-207-4829

Air Quality Division ..................... 602-207-2308

Waste Programs Division .................. 602-207-4208

Water Quality Division.................... 602-207-2303

Arkansas

Environmental Quality Department

8001 National Dr.

P.O. Box 8913

Little Rock, AR 72219-8913

http://www.adeq.state.ar.us

General Info............................ 501-682-0744

Air Division............................ 501-682-0730

Hazardous Waste Division................. 501-682-0831

Water Division......................... 501-682-0654

California

Environmental Protection Agency

1001 I St., 25th Floor

Sacramento, CA 95814

http://www.chfa.ca.gov

General Info............................ 916-445-3846

Department of Pesticide Regulation

http://www.cdpr.ca.gov/

General Info............................ 916-324-1452

Toxic Substances Control Department

1001 I St., P.O. Box 806

Sacramento, CA 95812

http://www.dtsc.ca.gov/

General Info............................ 916-322-0476

Environmental Health Hazard Assessment Office

1001 I St., 19th Floor

Sacramento, CA 95814

http://www.oehha.ca.gov/home.htm

General Info............................ 916-324-7572

Air Resources Board

P.O. Box 2815

Sacramento, CA 95812

http://www.arb.ca.gov

General Info............................ 916-322-2990

Water Resources Control Board

1001 I St., P.O. Box 100

Sacramento, CA 95812

http://www.swrcb.ca.gov/

General Info............................ 916-341-5251

appendix e: 

State Environmental Agencies

This contact information is current at the time of publication. For the most up-to-date 

information please see the website listed for each individual state.

EPA 
96 a citizen’s guide

Colorado

Public Health and Environment Department

4300 Cherry Cheek Dr.

Denver, CO 80246-1530

http://www.cdphe.state.co.us/cdphemhom.asp

General Info............................ 303-692-2000

Air Pollution Control Division.............. 303-692-3115

Hazardous Materials 

& Waste Management Division ........... 303-692-3397

Water Quality Control Division............. 303-692-3509

Environmental Leadership

& Pollution Prevention.................. 303-692-2023

Connecticut

Environmental Protection Department

79 Elm St.

Hartford, CT 06106

http://dep.state.ct.us/

General Info............................ 860-424-3000

Air Management Bureau .................. 860-424-3026

Waste Management Bureau ................ 860-424-3013

Water Management Bureau ................ 860-424-3704

Delaware

Natural Resources and Environmental Control Dept.

89 Kings Hwy

Dover, DE 19901

http://dnrec.state.de.us

General Info............................ 302-739-4506

Air & Waste Management Division .......... 302-739-4764

Water Resources Division.................. 302-739-4860

District of Columbia

Environmental Health Administration

51 N. St., NE, 6th Fl. 

Washington, DC 20002

http://dchealth.dc.gov/about/ao.shtm

General Info............................ 202-535-2500

Florida

Department of Environmental Protection

3900 Commonwealth Blvd.

Tallahassee, FL 32399-3000

http://www.dep.state.fl.us

Air Resources Management Division

http://www.dep.state.fl.us/air

General Info............................ 850-488-0114

Waste Management Division

Twin Towers Office Bldg.

2600 Blair Stone Road

Takkahassee, FL 32399-2400

http://www.dep.state.fl.us/dwm

General Info............................ 850-487-3299 

Water Resources Management Division

http://dep.state.fl.us/water

General Info............................ 850-487-1855

Georgia

Natural Resources DepartmentEnvironmetal Protection Division

205 Butler St., SE

Ste. 1252

Atlanta, GA 30334

http://www.ganet.org/dnr/environ/

General Info............................ 404-656-4713

Air Protection Branch..................... 404-363-7000

Hazardous Waste Branch.................. 404-656-7802

Water Protection Branch.................. 404-675-6232

Hawaii

Health DepartmentEnvironmental Management Division 

919 Ala Moana Blvd

Honolulu, HI 96814

http://www.state.hi.us/health/about/enviro.html

General Info............................ 808-586-4304

Clean Air Branch ........................ 808-586-4200

Clean Water Branch...................... 808-586-4309

Safe Drinking Water Branch ............... 808-586-4258

Solid & Hazardous Waste Branch ........... 808-586-4225

Idaho

Environmental Quality Department

1410 N. Hilton

Boise, ID 83706-1255

http://www2.state.id.us/deq

General Info............................ 208-373-0502

Air Quality Division...................... 208-373-0440

Waste Division .......................... 208-373-0148

Water Quality Division.................... 208-373-0413 
appendix e 97

Illinois

Environmental Protection Agency

P.O. Box 19276

Springfield, IL 62794-9276

http://www.epa.state.il.us/

General Info............................ 217-782-2829

Air Bureau ............................. 217-785-4140

Water Bureau ........................... 217-782-1654

Pollution Prevention and Lead .............. 217-557-7826

Indiana

Environmental Management Department

Indiana Government Ctr. N

Senate Ave, P.O. Box 6015

Indianapolis, IN 46206-6015

http://www.ai.org/idem

General Info............................ 317-232-8603

Air Quality Program...................... 317-232-5586

Water Quality Program ................... 317-232-8476

Iowa

Natural Resources Department

Wallace Bldg.

Des Moines, IA 50319-0034

http://www.state.ia.us/governments/dnr/organiza/epd

General Info............................ 515-281-5145

Air Quality Bureau ...................... 515-281-8852

Water Quality Bureau .................... 515-281-8869

Waste Management Bureau ................ 515-281-8927

Kansas

Health and Environment DepartmentEnvironment Division

Forbes Field, Bldg 740

Topeka, KS 66620

http://www.kdhe.state.ks.us/environment/index.html

General Info............................ 785-296-1500

Air & Radiation ......................... 785-296-1593

Waste Management ...................... 785-296-1600

Water ................................. 785-296-5500

Kentucky

Department of Environmental Protection

Fort Boone Plaza, 14 Reily Rd.

Frankfort, KY 40601

http://www.nr.state.ky.us/nrepc/dep/dep2.htm

General Info............................ 502-564-2150

Air Quality Division ..................... 502-573-6120

Waste Management Division ............... 502-564-6716

Water Division ......................... 502-564-3410

Louisiana

Environmental Quality Department

P.O Box 82231

Baton Rouge, LA 70884-2231

http://www.deq.state.la.us

General Info............................ 225-763-5423

Maine

Environmental Protection Department

17 State House Station

Augusta, ME 04333-0017

http://state.me.us/dep/

General Info............................ 207-287-7688

Air Quality Bureau....................... 207-287-2437

Land and Water Quality Bureau . ........... 207-287-3901

Remediation 

& Waste Management Bureau. ............ 207-287-2651

Maryland

Environment Department 

2500 Broening Hwy

Baltimore, MD 21224

http://www.mde.state.md.us

General Info............................ 410-631-3000

Air & Radiation Management .............. 410-631-3255

Waste Management ...................... 410-631-3304

Water Management ...................... 410-631-3567

Massachusetts

Environmental Affairs Executive Office

100 Cambridge St, Rm 2000

Boston, MA 02108

http://www.state.ma.us/envir

General Info............................ 617-626-1000

Environmental Management ............... 617-626-1300

Environmental Protection ................. 617-292-5856

Michigan

Environmental Quality Department

P.O. Box 30473

Lansing, MI 48909-7973

http://www.deq.state.mi.us

General Info............................ 800-662-9278

Air Quality Division ..................... 517-373-7023

Land & Water Management Division ........ 517-373-1170

Waste Management Division ............... 517-373-2730
98 a citizen’s guide

Minnesota

Environmental Assistance Office

520 Lafayette Rd, 2nd Fl

St. Paul, MN 55155-4100

http://www.moea.state.mn.us

General Info............................ 651-296-3417

Pollution Control Agency ................. 651-296-6300

Water and Soil Resources Board ............ 651-296-3767

Mississippi

Environmental Quality Department

P.O. Box 20305

Jackson, MS 39289-0385

http://www.deq.state.ms.us

General Info............................ 601-961-5650

Air Quality Branch....................... 601-961-5587

Hazardous Waste Branch .................. 601-961-5221

Water Resources Division ................. 601-961-5212

Missouri

Natural Resources Department

P.O. Box 176

Jefferson City, MO 65102

http://www.dnr.state.mo.us

General Info............................ 573-751-3443

Montana

Environmental Quality Department

1520 E. Sixth St.

P.O. Box 200901

Helena, MT 59620-0901

http://www.deq.state.mt.us/

General Info............................ 406-444-2544

Nebraska

Environmental Quality Department

P.O Box 98922

Lincoln, NE 68509-8922

http://www.deq.state.ne.us/

General Info............................ 402-471-2186

Air Program ............................ 402-471-4210

Waste Program .......................... 402-471-4210

Water Program .......................... 402-471-3098

Nevada

Conservation and Natural Resources Department

123 W. Nye Ln, Rm 230

Carson City, NV 89502

http://www.state.nv.us/cnr/

General Info............................ 775-688-1113

New Hampshire

Environmental Services Department

Six Hazen Dr.

Concord, NH 03301, NH 

http://www.des.state.nh.us

General Info............................ 603-271-3503

Air Resources Division .................... 603-271-1370

Waste Management Division................603-271-2905

Water Division .......................... 603-271-3504

New Jersey

Environmental Protection Department

401 E. State St.

P.O. Box 402

Trenton, NJ 08625-0402

http://www.state.nj.us/dep

General Info............................ 609-777-3373

Environmental Regulation

P.O. Box 423

Trenton, NJ 08625-0423

Pollution Prevention...................... 609-292-3600

Solid & Hazardous Waste ..................609-984-6880

Air Quality Regulation .................... 609-984-1484

New Mexico

Environment Department

1190 St. Francis Dr.

P.O. Box 26110

Santa Fe, NM 87504

http://www.nmenv.state.nm.us/

General Info............................ 505-827-2855

Air Quality Bureau ....................... 505-827-1494

Water & Waste Management ............... 505-827-1758

New York

Environmental Conservation Department

50 Wolf Rd.

Albany, NY 12233

http://www.dec.state.ny.us

General Info............................ 518-457-5400

Air & Waste Management Office ............ 518-457-1415

Water Quality &

Environmental Remediation .............. 518-485-8437
appendix e 99

North Carolina

Environment and Natural Resources DepartmentEnvironmental Protection

1601 Mail Service Ctr

Raleigh, NC 27699-1601

http://www.enr.state.nc.us

General Info............................ 919-733-4984

Air Quality Division...................... 919-715-6232

Pollution Prevention Division .............. 919-715-6500

Waste Management Division ............... 919-733-4996

Water Quality Division ................... 919-733-7015

North Dakota

Health DepartmentEnvironmental Health Section

1200 Missouri Ave.

P.O. Box 5520

Bismark, ND 58506-5520

http://www.health.state.nd.us/ndhd/environ/

General Info............................ 701-328-5150

Air Quality Division ..................... 701-328-5188

Waste Management Division............... 701-328-5166

Water Quality Division ................... 701-328-5210

Ohio

Environmental Protection Agency

P.O. Box 1049

Columbus, OH 43216-0419

http://www.epa.state.oh.us

General Info............................ 614-644-2110

Air Pollution Control Division.............. 614-644-2270

Drinking and Ground Water Division ........ 614-644-2752

Hazardous Waste Management ............. 614-644-2917

Pollution Prevention ..................... 614-644-3469

Oklahoma

Environmental Quality Department

707 N. Robinson

P.O. Box 1677

Oklahoma City, OK 73101-1677

http://www.deq.state.ok.us/

General Info............................ 405-702-1000

Air Quality Division...................... 405-702-4100

Waste Management Division ............... 405-702-5100

Water Quality Division ................... 405-702-8100

Oregon

Environmental Quality Department

811 SW Sixth Ave.

Portland, OR 97204-1390

http://www.deq.state.or.us

General Info............................ 503-229-5696

Air Quality Division ..................... 503-229-5397

Waste Prevention &

Management Division .................. 503-229-5072

Water Quality Division ................... 503-229-5324

Pennsylvania

Environmental Protection Department

P.O. Box 2063

Harrisburg, PA 17105-2063

http://www.dep.state.pa.us/

General Info............................ 717-783-2300

Air, Recycling & 

Radiation Protection .................... 717-772-2724

Pollution Prevention &

Compliance Assistance .................. 717-783-0540

Water Management ...................... 717-787-4686

Rhode Island

Environmental Management DepartmentEnvironmental Protection Bureau

235 Promenade St.

Ste. 450

Providence, RI 02908

http://www.state.ri.us/dem/org/envprot.htm

General Info............................ 401-222-6800

Air Resources ........................... 401-222-2808

Waste Management ...................... 401-222-2797

Water Resources ........................ 401-222-3961

South Carolina

Health and Environmental Control DepartmentEnvironmental Quality Control

2600 Bull St.

Columbia, SC 29201

http://www.state.sc.us/dhec

General Info............................ 803-898-3432

Air Quality Control Bureau ................ 803-898-4123

Land & Waste Management Bureau ......... 803-896-4007

Water Bureau........................... 803-898-4259
100 a citizen’s guide

South Dakota

Environmental and Natural Resources Department

Joe Foss Bldg.

523 E. Capitil Ave.

Pierre, SD 57501-3181

http://www.state.sd.us/denr/

General Info............................ 605-773-3151

Air Quality Program...................... 605-773-3151

Drinking Water Program .................. 605-773-3754

Waste Management Program ............... 605-773-3153

Tennessee

Environment and Conservation DepartmentEnvironmental Bureau

Life and Casualty Tower

401 Chruch St., 21st Fl.

Nashville, TN 37243-0435

http://www.state.tn.us/environment/apc/index.html

General Info............................ 615-532-0109

Air Pollution Control .................... 615-532-0554

Solid/Hazardous Waste Management ......... 615-532-0780

Water Pollution Control .................. 615-532-0625

Water Supply ........................... 615-532-0191

Texas

Natural Resources Conservation CommissionEnvironmental Policy, Analysis and Assessment 

12100 Park 35 Circle

P.O. Box 13087

Austin, TX 78711-3087

http://www.tnrcc.state.tx.us/homepgs/oepaa.html

General Info............................ 512-239-4900

Utah

Environmental Quality Department

168 N. 1950 West

Salt Lake City, UT 84116

http://www.eq.state.ut.us

General Info............................ 801-536-4400

Air Quality Division

150 N. 1950 West

Salt Lake City, UT 84116

Phone................................. 801-536-4151

Drinking Water Division

150 N. 1950 West

Salt Lake City, UT 84116

Phone................................. 801-536-4188

Solid and Hazardous Waste Division

288 N. 1460 West

Salt Lake City, UT 84116

Phone................................. 801-536-6785

Water Quality Division

288 N. 1460 West

Salt Lake City, UT 84116

Phone................................. 801-538-6081

Vermont

Natural Resources AgencyEnvironmental Conservation Department

State Complex, 103 S. Main St.

Waterbury, VT 05671

http://www.anr.state.vt.us

General Info............................ 802-241-3800

Air Pollution Control Division.............. 802-241-3840

Waste Management Division ............... 802-241-3888

Water Quality Division ................... 802-241-3770

Virginia

Natural Resources SecretariatEnvironmental Quality Department

629 E. Main St

P.O. Box 10009

Richmond, VA 23240

http://www.deq.state.va.us/

General Info............................ 804-698-4000

Air Program ............................ 804-698-4311

Pollution Prevention & Compliance ......... 804-698-4374

Waste Program ......................... 804-698-4421

Water Program.......................... 804-698-4108
appendix e 101

Washington

Ecology Department

P.O. Box 47600

Olympia, WA 98504-7600

http://www.wa.gov/ecology

General Info............................ 360-407-6006

Air Program ........................... 360-407-6880

Hazardous Waste &

Toxics Reduction Program ............... 360-407-6702

Toxics Cleanup Program .................. 360-407-7177

Water Quality Program ................... 360-407-6405

Water Resources Program ................. 360-407-6602

West Virginia

Environment BureauEnvironmental Protection Division

10 McJunkin Rd.

Nitro, WV 25143-2506

http://www.dep.state.wv.us/

General Info............................ 304-759-0515

Air Quality............................. 304-926-3647

Waste Management ...................... 304-558-5929

Water Resources ........................ 304-558-2107

Wisconsin

Natural Resources Department

101 S. Webster St.

P.O. Box 7921

Madison, WI 53704-2572

http://www.dnr.state.wi.us/

General Info............................ 608-266-2121

Air & Waste Division..................... 608-267-9521

Water Division ......................... 608-266-1099

Wyoming

Environmental Quality Department

Herschler Bldg., 4th Fl.

122 W. 25th St. 

Cheyenne, WY 82002

http://deq.state.wy.us

General Info............................ 307-777-7937

Air Quality Division ..................... 307-777-7391

Solid & Hazardous Waste Division .......... 307-777-7752

Water Quality Division ................... 307-777-7781
appendix f: 

List of Acronyms

EPA 

appendix f 103

ATSDR - Agency for Toxic Substances and Disease Registry

ARAR - applicable and relevant or appropriate requirement

BACT - Best Available Control Technology 

CAA - Clean Air Act

CABs - community advisory boards

CERCLA - Comprehensive Environmental Response,

Compensation, and Liability Act

CEQ - Council on Environmental Quality

CFR - Code of Federal Regulations

CWA - Federal Water Pollution Control Act, or 

Clean Water Act

DMRs - discharge monitoring reports

EA - environmental assessment

EIS - environmental impact statement

EJ - environmental justice

ELI Statutory Analysis - companion report to this handbook,

entitled “Opportunities for Advancing Environmental Justice:

An Analysis of U.S. EPA Statutory Authorities”. Available 

electronically at no cost from the Environmental Law Institute

web site <www.eli.org>. Click on “Publications”, then “2001

Research Reports” to obtain a copy.

EPA - Environmental Protection Agency

EPCRA - Emergency Planning and Community 

Right-to-Know Act

ESA - Endangered Species Act

FFDCA - Federal Food, Drug, and Cosmetic Act

FIFRA - Federal Insecticide, Fungicide, and 

Rodenticide Act 

FIP - federal implementation plan

FOIA - Freedom of Information Act

FONSI - finding of no significant impact

FWS - United States Fish and Wildlife Service

HAPs - hazardous air pollutants

HHS - Department of Health and Human Services

LAER - Lowest Achievable Emission Rate

LEPC - Local Emergency Planning Commission

MCL - maximum contaminant levels

MCLG - maximum contaminant level goals

MSDS - material safety data sheet

NAAQS - national ambient air quality standards

NEP - National Estuary Program

NEPA - National Environmental Policy Act 

NESHAPs - national emission standards for hazardous 

air pollutants

NPDES - National Pollutant Discharge 

Elimination System

NPL - National Priorities List

NSPS - new source performance standards

NSR - new source review

O&M - operation and maintenance

PAIR - Preliminary Assessment Information Report 

PA/SI - preliminary assessment and site investigation 
104 a citizen’s guide

PCBs - polychlorinated biphenyls

PMN - pre-manufacture notice

PSD - prevention of significant deterioration

QNCRs - Quarterly Non-Compliance Reports

RACT - Reasonably Available Control Technology

RCRA - Resource Conservation and Recovery Act

RD/RA - remedial design and remedial action

RI/FS - remedial investigation and feasibility study

ROD - record of decision

SERC - State Emergency Response Commission

SDWA - Safe Drinking Water Act

SICs - Standard Industrial Codes 

SIP - state implementation plan

SNUN - significant new use notice

TAGs - technical assistance grants

TMDL - total maximum daily load

TOSC - Technical Outreach for Communities

TRI - Toxics Release Inventory

TSCA - Toxic Substances Control Act

UIC - underground injection control

USC - United States Code
appendix f 105
glossary 107

Ambient Air Quality - The quality of the air all around us.

Antidegradation - A policy banning any discharges that

would “degrade,” or make worse, the existing water quality

of a water body, or degrade its current ability to serve specific uses, such as drinking water, fishing, or recreation.

Bioaccumulation - The retention or storage of chemical

substances in the body, usually in fatty tissues, for long

periods of time, with the total amount of chemicals in the

body increasing the longer a person is exposed to them.

Brownfields - Contaminated areas, usually within a city

or urban area, that are being cleaned up for future

industrial use. Areas cleaned up under a brownfields

program often are subject to different requirements

(often state requirements) than sites cleaned up under

the Superfund program.

Capping - One method of cleanup that EPA can use at a

site. Capping can be as simple as covering a site with soil,

a layer of clay, or another material that serves to contain

the hazardous substance, prevent the entry of rainwater,

minimize leaking, and protect people and wildlife from

harmful exposure.

Citizen Advisory Group - An informal problem-solving

group. These groups generally are not required by statute,

but in some cases have been authorized by statute. Often,

citizen groups are active at specific contaminated sites. In

some places, corporations have created citizen advisory

groups around an operating facility to improve communications with the community, and to ensure that the company is aware of issues of concern that may not be directly

addressed by environmental laws and regulations. 

Citizen Suits - Legal action by citizen groups that challenges environmental problems in the community. Most of

the statutes discussed in this handbook have provisions that

allow “any person” to sue to enforce the laws. The two

types of citizen suits involve actions against EPA and

actions directly against corporations or individuals.

Civil Penalties - Civil penalties assessed by the government

or by a court against corporations, individuals, or other

polluting sources for failure to comply with laws and/or

regulations. Civil penalties are tied in part to how much

harm was caused by the violation, how much money a

company saved by not complying, the company’s past

record of violations, and how much good faith the company showed in addressing the problem.

Contaminants - Pollutants in air, water, soil, or food. A

contaminant could be chemicals released by a facility,

household products used incorrectly, car exhaust, stream

discharges, or other materials that could cause harm to

humans or the environment.

Corrective Action - A change in procedure or method to

correct deviations from permit requirements, or to clean up

pre-existing contamination. Under some statutes, EPA can

require corrective action at existing sites as a condition of

receiving a permit to continue operations.

Cumulative Health Impacts - Combined effect of multiple pollutants on an individual or individuals. Some

statutes require that the government consider cumulative

health impacts before allowing additional sources of pollution. This is an important consideration in neighborhoods

with multiple sources of potentially hazardous substances.

Delegation - The arrangement under which a state government assumes the lead role in running a federal program.

To receive delegated authority, the state must meet certain

minimum requirements. For example, states typically must

adopt adequate laws and regulations, and prove that they

glossary 

EPA 
108 a citizen’s guide

have the funding and other resources necessary to administer and enforce the laws properly. 

Discharge Monitoring Reports (DMRs) - Under the

Clean Water Act, facilities must sample their discharges

regularly and send monthly reports to the permitting

agency. These DMRs compare the chemical content of the

actual discharge to the limits set out in the facility’s permit.

The facility, the government, and the public can discover

whether and when a facility violates its permit limits from

reading DMRs. 

Discretionary - Optional or non-mandatory. Some things

the government must do; these are mandatory duties.

Other things the government may choose to do; these are

discretionary duties.

ELI Statutory Analysis - The companion report to this handbook, entitled “Opportunities for Advancing Environmental

Justice: An Analysis of U.S. EPA Statutory Authorities”.

Available electronically at no cost from the Environmental Law

Institute web site <www.eli.org>. Click on “Publications”,

then “2001 Research Reports” to obtain a copy.

Emergency Response Plan -Guidelines developed by

state and local governments to protect the community in

the case of a catastrophic occurrence, such as a facility fire

or a tornado or hurricane. Under EPCRA, Local

Emergency Planning Commissions prepare and provide

these plans to citizens. Certain facilities that produce, use

or store chemical substances must have site-specific emergency response plans.

Environmental Assessment (EA) - A preliminary analysis

required by the National Environmental Policy Act. The EA

is used to determine whether an activity supported by the

federal government would significantly affect the environment and requires a full environmental impact assessment

(EIS). Public comments on the draft EA can be instrumental

in convincing an agency that an EIS is required.

Environmental Impact Statement (EIS) - An evaluation

that considers fully all of the harmful effects of a proposed

action on humans and ecosystems, and determines whether

there are other, less harmful, ways of accomplishing the

same goal, including taking no action. The public has the

right to comment in this process. As part of its EIS review

process, EPA is supposed to identify environmental justice

communities and meet with affected groups to try to identify and understand environmental justice concerns that

should be addressed in the NEPA process.

Environmental Justice - The fair treatment and

involvement of all individuals and groups in environmental decision-making, regardless of race, ethnicity, or

income. In this text, environmental justice issues

include ensuring that agency decisions (such as issuing

permits and making cleanup decisions) consider fully

the impacts on environmentally burdened communities,

which often already are home to many polluting facilities and activities. Environmental justice issues include

aggregate and cumulative health risks, and effects on

sensitive populations. Siting of new facilities is one

example of an action that might involve environmental

justice concerns, such as clustering of polluting facilities

and cumulative impacts.

Environmentally Burdened Community - A community

that has a disproportionate, or unequal, exposure to pollutants or polluting facilities.

Federal Facility - Any building, structure, installation, or

equipment owned, operated, or funded by the federal

government.

Federal Implementation Plan (FIP) - A plan prepared

by the federal government to ensure that national air

quality standards are met in particular areas around the

country. A FIP is prepared only for areas of the country

where the state has not adequately planned to meet air

quality standards.

Federal Register - The publication in which EPA and

other federal agencies publish their notices to the public

about proposed actions, and advertise public comment

periods. The Federal Register is searchable online at website http://www.access.gpo.gov/sudocs/aces/aces140.html.

Groundwater - Water that flows under the ground in

soil layers or underground reservoirs (called aquifers).

Many communities rely on groundwater as their drinking water supply.

Guidance - Recommendations on how laws should be put

into action, as opposed to formal regulations or law.

Hazardous Substances - Any material that contains hazardous chemicals, as defined under CERCLA. Materials

do not have to be waste to be considered a hazardous substance. Spills of hazardous substances in large enough

quantities must be reported. Releases of hazardous substances into the environment can potentially be cleaned up

under the Superfund program.
glossary 109

Hazardous Waste - Waste materials that contain certain

hazardous chemicals. RCRA sets out standards for handling, storage, transportation, treatment and disposal of

hazardous wastes.

Hearings - As used in this handbook, a hearing is a public

meeting that comes in two general forms. One format is an

informal hearing at which any member of the public may

speak about a particular issue or decision currently before

the agency. A more formal hearing may resemble a trial

before judges, where witnesses are sworn in and evidence is

considered using formal rules of evidence and procedure.

Environmental laws often require or allow public testimony on important decisions to be taken at public meetings

or public hearings.

Hotspot - Location where hazardous air pollution is highly

concentrated in small areas, and where cumulative impacts

from many pollutants are of concern. As part of its Urban

Air Toxics Program, EPA is required to evaluate and

address the health effects of urban pollution hotspots.

Local Emergency Planning Commission (LEPC) - A formal

group established by EPCRA with a number of roles

important to communities. LEPCs are notified by facilities

that store or use toxic chemicals about those toxic chemicals and the LEPCs develop emergency plans based on this

information. In addition, the LEPCs provide annual public

notices in the local newspaper identifying where the public

can view information submitted by facilities within the

community about the toxic chemicals they use or store onsite, and emergency response plans. A list of Local

Emergency Planning Commissions can be found at

http://www.epa.gov/ceppo/lepclist.htm.

Local Information Repository - A location where public

information about a Superfund cleanup is kept. This is

usually at a library, which sets aside a shelf (or more) to

hold the many documents that are generated in the course

of investigating the environmental conditions at the site,

the possible cleanup alternatives, and the selection of the

cleanup alternative that will be implemented.

Major Federal Action - Any federal activity with substantial potential impact, as determined on a case-by-case basis.

For example, construction of a project or financing a project

with federal dollars could be considered a major federal

action. The federal government issuing a license, permit or

approval for a project also can be a major federal action,

though many permitting procedures are considered to satisfy

NEPA requirements.

Mobile Source - Something, such as a car, that emits air

pollution but does not remain in one place. The Clean

Air Act regulates mobile sources, as well as stationary (nonmobile) sources.

Non-discretionary - Mandatory. Citizens are entitled to

sue EPA and other agencies for failing to perform non-discretionary duties.

Nonpoint Source - A source of pollution or pollutants discharged to water that does not have an identifiable or distinct source. An example of a nonpoint source is rainwater

runoff from parking lots and roads, or runoff from a farm

that flows over land into a stream.

Notice and Comment - Notice is the announcement to

the public of a proposed agency action or plan. Notice

may be provided through radio, newspaper, posters, the

Federal Register, or other media. Public comment may be

given in writing or as spoken testimony at a public meeting or hearing. The public also can comment through letters, reports by scientists or other experts who may be willing to help. 

Permit - A document that gives permission for an activity.

In the case of environmental permits, a permit is a document that sets forth the allowable amount of pollution and

the standards that a permittee (the person holding the permit) must meet in order to maintain the permit or permission for their activity. The standards or conditions written

into permits may include the following, and more: a

requirement to sample discharges or emissions; a requirement to maintain such monitoring data and report it regularly to the government; the authority for government staff

to conduct site inspections; and public notice requirements.

Permittee - The person, organization, or facility that

receives a permit.

Petition - The act of formally requesting an agency or

other decision-making body to make a change or take an

action. Some of the environmental statutes require the

agency, or other groups such as the LEPCs, to consider

citizen or state petitions. A petition can also be used as a

way of starting a dialogue with the agency about community issues.

Point Source - A source of pollution or pollutants discharged to water that has an identifiable or distinct source.

An example of a point source is a discharge into a stream

from a pipe or a ditch.
110 a citizen’s guide

Pollution - The contamination of air, water, soil, or food

supplies by toxic and other pollutants.

Pollutant - A contaminant of air, water, soil, or food. A

pollutant could be chemicals released by a facility, household products used incorrectly, car exhaust, or other materials that could cause harm to humans or the environment.

Polluter - One who releases pollutants or conducts other

activities without the required permits, or in violation of

those permits.

Primacy - The arrangement under which the state will

have the lead role in running a federal program. To receive

primacy, the state must meet certain minimum requirements. For example, states typically must adopt adequate

laws and regulations, and prove that they have the funding

and other resources necessary to administer and enforce the

laws properly. 

Regulations - The rules developed by agencies that contain the details needed to implement the general requirements found in laws. Regulations are developed in draft

first. The public has an opportunity to comment on regulations before they are finalized.

Right to Comment - The opportunity for citizens or

citizen groups to provide input or express concerns

about proposed activities or plans. The public has the

right to comment under a number of different environmental laws.

Risk Assessment - A study or evaluation that identifies,

and in many cases quantifies, the potential harm posed to

health and the environment by contamination. Risk assessments may make assumptions about the affected community that may not be accurate. For this reason, citizen comments are useful in the risk assessment process.

Risk Management Plan (RMP) - A summary of a facility’s

Risk Management Program that is required of some facilities under the Clean Air Act. The RMP provides state and

local governments with information about the risks of a

chemical accident at a facility and what the facility is doing

to prevent such accidents.

Sensitive Populations - Groups of people who are more

at risk for illness or disease than the general population.

This could be because they are already in poor health, or

because they had more exposure to certain pollutants than

other people in similar situations.

Solid Waste - Any waste that is not hazardous. This generally includes municipal garbage and non-hazardous industrial wastes.

State Emergency Response Commission (SERC) - A formal group required by EPCRA, appointed by the

Governor of each state. SERCs supervise and coordinate

the activities of Local Emergency Planning Commissions,

which develop emergency plans in areas that house facilities storing or using toxic chemicals. A list of State

Emergency Response Commissions can be found at

http://www.epa.gov/ceppo/serclist.htm.

State Implementation Plan (SIP) - Plans developed by

individual states to ensure that the national air quality standards are met, as required by the Clean Air Act.

Stationary Source - A source of air pollution, such as a

facility, that does not move from place to place. The Clean

Air Act regulates stationary sources, as well as mobile

sources (ones that do move from place to place).

Subsistence - What is required to maintain life. For example, fish are a subsistence resource for many communities

near rivers and lakes that do not have access to other

affordable food sources.

Superfund - A common name for the program created by

the Comprehensive Environmental Response, Com-pensation, and Liability Act, and the Superfund Amendments and

Reauthorization Act of 1980. Sites being cleaned up under

the Superfund program are known as Superfund sites.

Supplemental Environmental Project - In some cases,

EPA has allowed or required companies to pay for and

implement (as part of the penalty a company pays for environmental violations) “supplemental environmental projects,” or SEPs, which do not benefit the company in any

way. This could include restoration of other environmental

resources in the area, funding of a community environmental organization, a community cleanup or beautification project, or a citizen monitoring program. 

Synergistic Health Impacts - When two pollutants combined together create a more toxic substance that poses a

greater health risk than each pollutant would on its own.

Total Maximum Daily Load (TMDL) - A process through

which states or EPA divide or share the amount of pollution

that is allowed in a water body among various pollution

sources in order to implement water quality standards.
glossary 111

Underground Injection Well - A well leading deep underground into which potentially polluting substances are

injected, usually for disposal. The SDWA regulates the use

of underground injection wells to protect groundwater

drinking supplies.

Variance - A procedure by which someone can ask the government for an exception from environmental requirements, due to unique circumstances. Generally, the variance process is similar to getting a permit. An application

for a variance is filed, after which a proposed variance is

drafted. There are often public notice and comment

opportunities before the final variance is granted.

Water Quality Criteria - Water standards that identify the

“designated uses” for which water bodies, such as lakes and

rivers, will be protected, and the levels of water quality for

various pollutants and other water conditions necessary to

protect those designated uses. For example, a stream’s designated use could be fishing and swimming, or drinking

water supply. 
index 113

Agency for Toxic Substances and Disease Registry 9,11, 21, 30,

34, 46, 47, 49, 70

Asbestos 29, 79, 81

Citizen suit 32-45, 107

Citizen advisory group 18, 107

Clean Water Act 4, 10-11, 13, 16-17, 20, 22, 23, 25, 26-28, 

30, 31, 37, 50-52, 54

Clean Air Act 4, 11, 13, 16-28, 30-32, 37, 39, 40-44, 50-52, 

54, 65, 88

Comprehensive Environmental Response, Compensation, and

Liability Act 13, 16-18, 20-26, 29-31, 34-35, 37, 46-50, 88

Cumulative health impact 107

Cumulative exposure 25, 27 

Drinking water 2, 4, 10, 13, 20-29, 31, 34, 37, 48, 72-76

Emergency response plan 108

Emergency Planning and Community Right-to-Know Act 13, 

20-23, 26, 30-31, 34, 36, 54-58, 108-110 

Endangered Species Act 6

Environmental impact statement 3, 16, 32-33, 63-66, 108

Environmental assessment 32, 63, 65, 108

Federal Food, Drug, and Cosmetic Act 13, 16-17, 20-23, 

26-27, 30-31, 34, 37, 58-62

Federal Insecticide, Fungicide, and Rodenticide Act 13, 16-17, 

20-23, 26-27, 30-31, 34, 37

Federal Food, Drug, and Cosmetics Administration 11, 13, 16-

17, 20-23, 26-27, 30-31, 34, 37, 58-62

Freedom of Information Act 13.19-23, 31, 64

Funding 2, 5, 10, 29, 35-37, 44-45, 50, 58, 62, 66, 70-71, 76,

80-81, 108, 110 

Hazardous waste 2, 4-5, 10, 13, 16-18, 20, 22-23, 26-31, 37, 

47, 67-70

Health assessment 30, 34, 48-49

Local information repository 24, 109

National Environmental Policy Act 13, 16-17, 28, 32-33, 35, 

63-66 

Natural Resource Conservation Service 9, 11

Pesticide 13, 16-17, 20-23, 26-27, 30, 34, 37, 58-62

Petition 30, 33-34, 45, 58, 76, 78, 80, 109

President’s Council on Environmental Quality 32, 63, 65

Public notice 3, 5, 15-16, 21, 23, 27, 30, 33, 40, 51, 55, 63, 

72, 77

index 

EPA 

Public hearing 17, 22, 40, 42, 51, 59, 64, 67, 72, 80

Recordkeeping 21-22, 26, 31, 42, 44, 47, 51, 55, 60, 64, 68, 

73, 78

Reporting 13, 22-23, 26-27, 31, 42, 43-44, 47-48, 52, 54-58, 

60, 64, 68, 73-74, 78

Resource Conservation and Recovery Act 13, 16-18, 22-23, 

26-31, 37, 67-71, 109

Risk management plan 22, 42, 110

Risk assessment 47, 111

Rulemaking 25-26, 35, 43, 48, 52, 56-57, 60, 64, 69, 74, 79

Safe Drinking Water Act 13, 16-18, 20-23, 25-27, 31, 34, 37, 

72-76, 111 

Superfund 2, 4, 11, 13, 16-18, 20-26, 29-31, 34-35, 37, 46-50

Total maximum daily loads 26, 52, 110 

Toxic Substances Control Act 13, 16, 20-23, 25-27, 29-31, 

34-35, 37, 77-81

U.S. Fish and Wildlife Service 9, 11

U.S. Army Corps of Engineers 4, 9, 14, 50