History begins wherever a letter follows the one-point system. Thusly, any 1.1a, 1.1b, 1.2a, etc., denotes the public laws comprising the 1.1, 1.2 statute. Each public law is followed by its legislative history. The legislative history in each case consists of the House Report, Senate Report, Conference Report (where applicable), the Congressional Record beginning with the time the bill was reported from committee. Example: 1.4 Amortization of Pollution Control Facilities, as amended, 26 U.S.C. §169 (1969). 1.4a Amortization of Pollution Control Facilities, December 30, 1969, P.L. 91-172, §704, 83 Stat. 667. (1) House Committee on Ways and Means, H.R. REP. No. 91-413 (Part I), 91st Cong., 1st Sess. (1969). (2) House Committee on Ways and Means, H.R. REP. No. 91-413 (Part II), 91st Cong., 1st Sess. (1969). (3) Senate Committee on Finance, S. REP. No. 91-552, 91st Cong., 1st Sess. (1969). (4) Committee of Conference, H.R. REP. No. 91-782, 91st Cong., 1st Sess. (1969). (5) Congressional Record, Vol. 115 (1969): (a) Aug. 7: Debated and passed House, pp. 22746, 22774-22775; (b) Nov. 24, Dec. 5, 8, 9: Debated and passed Senate, pp. 35486, 38321-37322, 3763137633, 37884-37888; (c) Dec. 22: Senate agrees to conference re port, p. 40718;* (d) Dec. 22: House debates and agrees to conference report, pp. 40820, 40900. This example not only demonstrates the pattern followed for legislative history, but indicates the procedure where only one section of a P.L. appears. You will note that the Congressional Record cited pages are only those pages dealing with the discussion and/or action taken pertinent to the section of law applicable to EPA. In the event there is no discussion of the pertinent section, only action or passage, then the asterisk (*) is used to so indicate, and no text is reprinted in the Compilation. In regard to the situation where only one section of a public law is applicable, then only the parts of the report dealing with same are printed in the Compilation. Secondary Statutes Many statutes make reference to other laws and rather than have this manual serve only for major statutes, these secondary statutes have been included where practical. These secondary statutes are indicated in the table of contents to each chapter by a bracketed cite to the particular section of the major Act which made the reference. Citations The United States Code, being the official citation, is used throughout the Statute section of the compilation. In four Statutes, a parallel table to the Statutes at Large is provided for your convenience. 1.1 1.2 1.3 1.4 1.5 Reorganization Plan No. 3 of EPA's originating act. The National Environmental In §4332(2)(c) a mandate was made Environmental Quality Improve- Department of Transportation mental impact statements. EPA functioning as appropriate agency, and §4344 cited in Reorganization Plan No. 3 of 1970 as a direct transfer to EPA. CEQ's originating act. Direct reference in sections cited to 1.6 Federal Aid Highway Act, as a- Direct reference made to EPA in 1.7 Airport and Airway Develop- 1.8 1.9 Direct references made to appropriate Disaster Relief Act of 1970, 42 The Water Quality Administration Interest on Certain Government 1.10 Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970, 42 U.S.C. §4601 et seq. (1970). 1.11 Departmental Regulations, as revised, 5 U.S.C. §301 (1966). was transferred to EPA by Reorg. Plan No. 3 of 1970 and together with E.O. 11490, §§703(3), 11102(1), 11103(2) EPA assumes responsibility. §103 (c)(4) (E) & (F) of the Act provides tax relief on industrial development bonds for sewage or solid waste disposal facilities and air or water pollution control facilities. Act requires Federal and federally assisted projects and programs to deal uniformly and equitably with persons whose property was taken. EPA promulgated regulation at 40 C.F.R. §§4.1-4.263. Bases of EPA regulation 40 C.F.R. §§3.735-101 -3.735-107. 1.12 Public Health Service Act, as Referred to in Clean Air Act., basis amended, 42 U.S.C. §§203, 215, for authority in Water, Pesticides, 242, 242b, c, d, f, i, j, 243, 244, and Radiation functions transferred 244a, 245, 246, 247, 264 (1970). in Reorg. Plan No. 3 of 1970. 1.13 Davis-Bacon Act, as amended, 40 U.S. C. §276a-276a-5 (1964). Referenced from Clean Air Act, Fed. 1.14 Public Contracts, Advertisements Referred to in Clean Air Act, Federal for Proposals for Purchases and Water Pollution Control Act, and Contracts for Supplies or Ser- Public Health Service Act all of vices for Government Depart- which transferred to EPA in Reorg. ments; Application to Govern- Plan No. 3 of 1970. ment Sales and Contracts to sell and to Government Corporations, as amended, 41 U.S.C. §5 (1958). 1.15 Per Diem, Travel and Transpor- Referred to in Clean Air Act, Federal tation Expenses; Experts and Water Pollution Control Act-all of Consultants; Individuals Serving which were transferred to EPA in Without Pay, as amended, 5 Reorg. Plan No. 3 of 1970. U.S.C. §5703 (1969). 1.16 Disclosure of Confidential Infor- Referred to in Clean Air Act, and mation Generally, as amended, FWPCA which were transferred to 18 U.S.C. §1905. 1.17 Appropriation Bills EPA both being transferred by the Beginning with the Agricultural-En- EXECUTIVE ORDERS The Executive Orders are listed by a two-point system (2.1, 2.2, etc.). Executive Orders found in General are ones applying to more than one area of the pollution chapters. REGULATIONS The Regulations are noted by a three-point system (3.1, 3.2, etc.). Included in the Regulations are those not only promulgated by the Environmental Protection Agency, but those under which the Agency has direct contact. GUIDELINES AND REPORTS This subchapter is noted by a four-point system (4.1, 4.2, etc.). In this subchapter is found the statutorily required reports of EPA, published guidelines of EPA, selected reports other than EPA's and inter-departmental agreements of note. UPDATING Periodically, a supplement will be sent to the interagency distribution and made available through the U.S. Government Printing Office in order to provide an accurate working set of EPA Legal Compilation. CONTENTS Page 1. Statutes and Legislative History. Reorganization Plan No. 3 of 1970, 5 U.S.C. Reorg. Plan of 1.1a Message of the President Relative to Reorganization Message of the President Transmitting Reorganiza- tion Plan No. 3, July 9, 1970, Weekly Compilation of Presidential Documents, Vol. 6, No. 28, p. 917 1.1c Hearings on Reorganization Plan No. 3 of 1970 Before the Subcommittee on Executive Reorganiza- tion and Government Research of the Senate Com- 1.1e Hearings on Reorganization Plan No. 3 of 1970 Before the Subcommittee on Government Operations of the House Committee on Government Operations, House Committee on Government Operations, H.R. Congressional Record, Vol. 116 (1970) (1) July 9: House discussion, pp. 23532-23533 (2) Sept. 28: House approving Reorganization Plan No. 3 of 1970 to Establish Environmental Pro- tection Agency as an independent entity of Government, pp. 33871-33876; 33879-33884; 8 367 |