STATUTORY AND REGULATORY AUTHORITY. 1. Pursuant to Section 309(g) of the Clean Water Act (“CWA” or “Act), 33 U.S.C. § 1319(g), the Administrator of the United States Environmental Protection Agency (“EPA”) is authorized to assess administrative penalties against persons who violate Section 301(a) of the Act, id. § 1311(a). The Administrator has delegated this authority to the Regional Administrator of EPA Region III, who in turn has delegated this authority to the Director, Water Protection Division (Complainant).
STATUTORY AND REGULATORY AUTHORITY. 1. Pursuant to Sections 313 and 328 of EPCRA, 42 U.S.C. §§ 11023 and 11048, EPA promulgated Toxic Chemical Release Reporting: Community Right-to-Know regulations at 40 C.F.R. Part 372.
STATUTORY AND REGULATORY AUTHORITY. The State enters this agreement under the authority of California Government Code § 8670.7. The Administrator of the Office of Spill Prevention and Response (OSPR), Department of Fish & Wildlife, subject to the Governor, has the primary authority to direct prevention, removal, abatement, response, containment, and cleanup efforts with regard to all aspects of any oil spill in waters of the State, in accordance with any applicable facility or vessel contingency plan and the California Oil Spill Contingency Plan. The OSPR Administrator is required to cooperate with any Federal on-scene coordinator, as specified in the National Contingency Plan. The OSPR Administrator must also represent California in any coordinated oil spill response efforts with the federal government. (CA Gov. C. § 8670.5). OSPR’s regulations are found at Title 14, California Code of Regulations (C.C.R.), §§ 790 et seq. BSEE enters this agreement under the authority of Section 311 of the Federal Water Pollution Control Act, known as the Clean Water Act, 33 U.S.C. § 1321, and the related authority delegated in Executive Order 12777, as amended, and U.S. Department of the Interior Secretary’s Order 3299, as amended. Applicable BSEE regulations are found in 30 C.F.R. part 254. Additional applicable regulations regarding the National Contingency Plan are in 40 C.F.R. part 300. BSEE implements certain oil spill planning, preparedness, and response authority over covered facilities, including, but not limited to, developing regulations governing oil spill response planning requirements, conducting oil spill response equipment inspections, initiating oil spill response exercises, enforcing regulatory requirements, and conducting research.
STATUTORY AND REGULATORY AUTHORITY. 1. The Director has authority to administer the Act pursuant to Utah Code § 19-1- 105(1)(e), and to enforce the Utah Water Quality Rules in Utah Administrative Code R317 through the issuance of orders and notices of violation, as specified in Utah Code §§ 19-5-106(2)(d) and 19-5-111. The Director also has authority to settle any civil action initiated to compel compliance with the Act and implementing regulations pursuant to Utah Code § 19-5-106(2)(k).
STATUTORY AND REGULATORY AUTHORITY. This MOU is being entered into pursuant to NEPA, 42 U.S.C. Section 4331, et seq., the Council on Environmental Quality’s NEPA regulation regarding Cooperating Agencies, 40 C.F.R § 1508.5, the U.S. Department of the Interior’s NEPA regulations, 43 C.F.R §46 et seq., and its regulation regarding Cooperating Agencies, 43 CFR §26.225(d). The purpose of this MOU is to document the roles, responsibilities and commitments of the Lead agencies and Cooperating Agencies pursuant to NEPA and implementing regulations.
STATUTORY AND REGULATORY AUTHORITY. 1. EPA takes this action under the authority of Sections 311(b)(6) of the CWA, 33 U.S.C. § 1321(b)(6).
STATUTORY AND REGULATORY AUTHORITY. 1. In 1992, Congress passed the Residential Lead-Based Paint Hazard Reduction Act (“Act”) in response to findings that low-level lead poisoning was widespread among American children, that pre-1980 American housing stock contains more than three million tons of lead in the form of lead-based paint, and that the ingestion of lead from deteriorated or abraded lead- based paint is the most common cause of lead poisoning in children. Among the stated purposes of the Act is ensuring that the existence of lead-based paint hazards be considered in the rental and renovation of homes and apartments. To carry out these purposes, the Act added a new section to TSCA, entitled Subchapter IV – Lead Exposure Reduction, which includes TSCA Sections 401-412, 15 U.S.C. §§ 2681-2692.
STATUTORY AND REGULATORY AUTHORITY. 4. EPA takes this action under the authority of Section 309(g)(2)(B) of the Act, 33 U.S.C. § 1319(g)(2)(B), for violations of Section 301(a) of the CWA, 33 U.S.C. § 1311(a) and Section 404 of the Act, 33 U.S.C. § 1344.
STATUTORY AND REGULATORY AUTHORITY. 4. In 1976, Congress enacted RCRA, amending the Solid Waste Disposal Act, to regulate hazardous waste management. RCRA Subtitle C, 42 U.S.C. § 6921 et seq., empowers EPA to identify and list hazardous wastes. It also authorizes EPA to regulate hazardous waste generators, transporters, and the owners and operators of hazardous waste treatment, storage, and disposal facilities. EPA has promulgated federal regulations to implement RCRA Subtitle C, which are set forth at 40 C.F.R. Parts 260-270.
STATUTORY AND REGULATORY AUTHORITY. 9. Pursuant to Section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(1), owners and operators of stationary sources producing, processing, handling, or storing substances listed pursuant to Section 112(r)(3) of the CAA, 42 U.S.C. § 7412(r)(3), or any other extremely hazardous substance, have a general duty, in the same manner and to the same extent as 29 U.S.C. § 654, to (a) identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques; (b) design and maintain a safe facility taking such steps as are necessary to prevent releases; and (c) minimize the consequences of accidental releases which do occur. This section of the CAA is referred to as the “General Duty Clause” or “GDC.”
