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. 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. 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. 1. The Director has authority to administer the Act pursuant to Utah Code § 19-1-106(2)- (3), and to enforce the Water Quality Rules in Utah Admin. Code R317 through the issuance of orders, as specified in Utah Code §§ 19-5-106(2)(d) and -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 Agency and cooperating agencies pursuant to NEPA and implementing regulations.
STATUTORY AND REGULATORY AUTHORITY. 9. The purpose of Section 112(r) of the CAA and its implementing regulations is “to prevent the accidental release and to minimize the consequences of any such release” of an “extremely hazardous substance.” 42 U.S.C. § 7412(r)(1). General Duty Clause
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. The Procurement Practices Human Care Agreement Amendment Act of 2000 (D.C. Law 13-155) authorizes the District of Columbia Chief Procurement Officer, or his or her designee, to award human care agreements for the procurement of social, health, human, and education services directly to individuals in the District. The Human Care Agreement Contractor Qualifications Record (CQR) is an application package that will facilitate the process of pre-qualifying contractors for a human care agreement with the District of Columbia in accordance with D.C. Law 13-155 and Chapter 19, 27 DCMR, the regulations.
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. The State enters this agreement under the authority of Title 46 of the Alaska Statutes. Water, Air, Energy, and Environmental Conservation, Chapter 03, Environmental Conservation, Title 46; Water, Air, Energy, and Environmental Conservation, Chapter 46.03 Environmental Conservation, Title 46; Water, Air, Energy, and Environmental Conservation, Chapter 46.04 Oil and Hazardous Substance Pollution Control; and the implementing regulations in Alaska Administrative Code, 18 AAC 75. The Alaska Department of Environmental Conservation (ADEC) administers Alaska’s oil spill prevention, preparedness, and response program. Under its authority, ADEC ensures regulated facilities develop and exercise pollution prevention and response plans; conducts inspections; develops and enforces regulations; and coordinates with partner organizations and facilities to prevent pollution, among other activities. BSEE enters into 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 found 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.
