Jerry H. Yen
Analyst in Environmental Policy
Persistent organic pollutants (POPs) are chemicals that do not break down
easily in the environment, tend to accumulate as they move up the food
chain, and may be harmful to people and wildlife. Between 1998 and 2001,
the United States signed two international treaties and one executive
agreement to reduce the production and use of POPs and to regulate the trade
and disposal of them. President Bush signed and submitted the two treaties
to the Senate for advice and consent. If the Senate consents by a
two-thirds majority, and if Congress passes legislation that would be
needed to implement the treaties and the executive agreement in the United
States, then the treaties could be ratified and the agreements would become
binding U.S. law. Two U.S. statutes are inconsistent with the agreements: the
Toxic Substances Control Act (TSCA), which governs production and use of
chemicals in U.S. commerce, and the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), which regulates the sale and use of pesticides within the
United States. Proposals to amend these statutes were considered but not
enacted in the 107th, 108th, 109th, 111th, and 112th Congresses. In the 113th Congress, S. 696 would amend TSCA to allow implementation of the
three international agreements, while S. 1009 would provide more limited
authority for regulating exported chemicals. There currently are no legislative
proposals in the 113th Congress to amend FIFRA.
Date of Report: October 23, 2013
Number of Pages: 6
Order Number: RS22379
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Jerry H. Yen
Analyst in Environmental Policy
On June 1, 2007, the European Union (EU) began to implement a new law
governing chemicals in EU commerce: Registration, Evaluation, Authorization,
and Restriction of Chemicals (REACH). It is intended to protect human
health and the environment from hazardous chemicals while at the same time
protecting the competitiveness of European industry. REACH evolved over
eight years and reflects compromises reached among EU stakeholders. The final
regulation reduces and coordinates EU regulatory requirements for
chemicals new to the EU market and increases collection of such
information for chemicals already in the EU market, thus potentially removing
disincentives to innovation that existed under the former law. It also shifts responsibility
for safety assessments from government to industry and encourages substitution
of less toxic for more toxic chemicals in various chemical applications.
Some U.S. chemical industry representatives believe that REACH is “impractical,”
in part due to the large number of chemicals and difficulties of
identifying end uses of chemicals in many products. In contrast, some
public-interest groups are urging U.S. legislators to adopt a similar
legislative approach.
Date of Report: October 23, 2013
Number of Pages: 7
Order Number: RS22673
Price: $19.95
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David M. Bearden
Specialist in Environmental Policy
Jonathan L. Ramseur
Specialist in Environmental Policy
Thousands of oil and chemical spills of varying size occur in the United
States each year. State and local officials located in proximity to these
incidents generally are the first responders and may elevate an incident
for federal attention if greater resources are desired. The National Oil and Hazardous
Substances Pollution Contingency Plan, often referred to as the National
Contingency Plan (NCP), establishes the procedures for the federal response
to oil and chemical spills. The scope of the NCP encompasses discharges of
oil into or upon U.S. waters and adjoining shorelines and releases of
hazardous substances into the environment. Several hundred toxic chemicals
and radionuclides are designated as hazardous substances under the NCP, and
other pollutants and contaminants also may fall within the scope of its
response authorities.
Unlike most federal emergency response plans that are administrative
mechanisms, the NCP is codified in federal regulation and is binding and
enforceable. The NCP was developed in 1968 and has been revised on
multiple occasions to implement the federal statutory response authorities
that Congress has expanded over time. Three federal environmental statutes
authorized the development of the NCP: the Clean Water Act, as amended;
the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended; and the Oil Pollution Act of 1990.
Several executive orders have delegated the presidential response authorities
of these statutes to the federal departments and agencies tasked with
implementing the NCP. The lead federal agency serves as the On-Scene
Coordinator to direct the resources used in a federal response. The Environmental
Protection Agency (EPA) generally is the lead agency responsible for
coordinating the federal response within the inland zone, and the U.S.
Coast Guard generally serves as the lead agency within the coastal zone.
However, a response to an incident occurring on a federal facility is
coordinated by the federal department or agency that administers the facility.
The NCP established the National Response System (NRS) as a multi-tiered
framework for coordinating the roles of 15 federal departments and
agencies that serve as standing members of the National Response Team to
offer specialized resources and expertise that the On-Scene Coordinator
may call upon to carry out a response. The NRS also outlines the framework for integrating
the participation of non-federal entities, including state and local officials,
the responsible parties, and other private entities who may wish to
contribute resources or expertise.
Although the framework of the NRS is the same for responding to discharges of
oil or releases of hazardous substances, the NCP establishes separate
operational elements for responding to each type of incident, and these
elements differ in some respects. The source of federal funding to carry
out a response also differs. The Oil Spill Liability Trust Fund finances the
federal response to a discharge of oil, and the Superfund Trust Fund
finances the federal response to a release of a hazardous substance.
Monies spent from these trust funds may be recouped from the responsible parties
under the liability provisions of the Oil Pollution Act and CERCLA,
respectively.
For multi-faceted incidents, such as major disasters or emergencies, the NCP
also could be invoked under the National Response Framework (NRF) to
address an aspect of an incident involving a discharge of oil or release
of a hazardous substance. The NRF is a broader administrative mechanism
for coordinating the array of federal emergency response plans. However,
the NRF itself is not an operational plan that dictates a step-by-step process.
The NRF instead merely may apply the NCP as the operational plan to respond to
a discharge of oil or release of a hazardous substance.
This report discusses the statutory authorities of the NCP and relevant
executive orders; outlines the federal emergency response framework of the
NCP to coordinate federal, state, and local roles; and identifies the
funding mechanisms to carry out a federal response to a discharge of oil or
a release of a hazardous substance.
Date of Report: October 10, 2013
Number of Pages: 24
Order Number: R43251
Price: $29.95
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