Statutory and Regulatory Background. Pursuant to Sections 3002–3005 of RCRA, 42 U.S.C. §§ 6922–6925, U.S. EPA promulgated regulations codified at 40 C.F.R. Parts 260 through 279, governing generators and transporters of hazardous waste and facilities that treat, store, and dispose of hazardous waste.
Statutory and Regulatory Background. Section 203(a)(1) of the CAA, 42 U.S.C. § 7522(a)(1), prohibits a vehicle manufacturer from selling a new motor vehicle in the United States unless the vehicle is covered by a certificate of conformity (COC).
Statutory and Regulatory Background. The importation of pesticides into the United States is governed by Sections 17(c) and (e) of FIFRA, 7 U.S.C. §§ 136o(c) and 136o(e), and the regulations promulgated thereunder by the Secretary of the Treasury in consultation with the Administrator of EPA. These regulations are found at 19 C.F.R. Part 12.110 et seq. See also 19 C.F.R. § 12.1(b).
Statutory and Regulatory Background. On November 15, 1990, the President signed into law the CAA Amendments of 1990. The Amendments added Section 112(r) to Title I of the CAA, 42 U.S.C. § 7412(r), which requires the Administrator of the EPA to, among other things, promulgate regulations in order to prevent accidental releases of certain regulated substances. Section 112(r)(3), 42 U.S.C. § 7412(r)(3), mandates that the Administrator promulgate a list of regulated substances, with threshold quantities, and defines the stationary sources that will be subject to the chemical accident prevention regulations mandated by Section 112(r)(7). Specifically, Section 112(r)(7), 42 U.S.C. § 7412(r)(7), requires the Administrator to promulgate regulations that address release prevention, detection, and correction requirements for these listed regulated substances.
Statutory and Regulatory Background. Section 1421 of SDWA, 42 U.S.C. § 300h, requires that the Administrator of EPA promulgate regulations, which shall include permitting requirements as well as inspection, monitoring, recordkeeping and reporting requirements, for state underground injection control (UIC) programs to prevent underground injection which endangers drinking water sources.
Statutory and Regulatory Background. 3. As directed by section 402(c) of TSCA, the EPA promulgated the Renovation, Repair, and Painting (RRP) Rule, codified at 40 C.F.R. part 745, subpart E, with the purpose of protecting the public from lead-based paint hazards associated with renovation, repair, and painting activities.
4. The RRP Rule requires that individuals performing renovations for compensation in target housing are properly trained, renovators and firms that perform renovations are certified, and the work practice standards at 40 C.F.R. § 745.85 are followed during renovations.
Statutory and Regulatory Background. On November 15, 1990, the President signed into law the CAA Amendments of 1990. The Amendments added Section 112(r) to Title I of the CAA, 42 U.S.C. § 7412(r). The objective of Section 112(r) is to prevent the accidental release and to minimize the consequences of any such release of any substance listed pursuant to Section 112(r)(3) of the CAA, 42 U.S.C. § 7412(r)(3), or any other extremely hazardous substance.
Statutory and Regulatory Background. Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), requires any person in charge of a facility to immediately notify the National Response Center (NRC) as soon as that person has knowledge of any release of a hazardous substance from the facility in an amount equal to or greater than the reportable quantity of the hazardous substance.
Statutory and Regulatory Background. Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), requires any person in charge of a facility, as defined under CERCLA, to immediately notify the National Response Center (“NRC”), as soon as he or she has knowledge of any release (other than a federally permitted release) of a hazardous substance from the facility in a quantity equal to or greater than the reportable quantity. The implementing regulations for CERCLA Section 103 requirements are found at 40 C.F.R. Part 302.
Statutory and Regulatory Background. Section 10b of the Federal Home Loan Bank Act (Bank Act) establishes the requirements for access by nonmember mortgagees to FHLBank advances. See 12 U.S.C. 1430b. In order to be certified as a nonmember mortgagee, an entity must: (1) Be approved by the Department of Housing and Urban Development (HUD) as a ‘‘mortgagee’’ under title II of the National Housing Act; (2) be chartered under law and have succession; (3) be subject to the inspection and supervision of a governmental agency; and (4) lend its own funds as its principal activity in the related collateral if such collateral has a readily ascertainable value and the FHLBank can perfect its interest therein. 1 In October 1996, the Finance Board published for comment a proposed rule that would transfer the authority to certify an entity as a nonmember mortgagee eligible to receive FHLBank advances from the Finance Board to the FHLBanks subject to uniform review criteria for determining compliance with statutory and regulatory eligibility requirements. See 61 FR 52727 (Oct. 8, 1996). The 60-day public comment period closed on December 9, 1996. See id. The Finance Board received a total of 12 comments in response to the proposed rule, 6 from FHLBanks, 4 from trade associations, and 1 each from a certified SHFA nonmember mortgagee and a federal agency. All of the mortgage field. Id. 1430b(a). Under section 10b(a) of the Bank Act, commenters generally supported the AGENCY: Federal Housing Finance Board. ACTION: Final rule.
