All Pollutants Are Covered Under The Clean Air Act? Originals Plus Additions?

The Toxic Pollutant Listing was adult in 1976 and later on added to the Clean Water Act past Congress in 1977. The list was intended to be used by EPA and states equally a starting point to ensure that Effluent Guidelines regulations, water quality criteria and standards, and NPDES permit requirements addressed the bug of toxics in waterways. However, this list consisted of broad categories of pollutants rather than specific, individual pollutants. Therefore, EPA developed the Priority Pollutant Listing in 1977 to brand implementation of the Toxic Pollutant List more than practical for water testing and regulatory purposes.

Portions of both lists are outdated. For example, they contain some pesticides that have not been manufactured in the U.s.a. for many years and are therefore unlikely to be discharged into surface waters. As such, the pollutants on these lists are not the only ones regulated under the CWA programs. EPA considers a wider range of pollutants—toxic, conventional and nonconventional—when developing Effluent Guidelines. (Run into Learn about Effluent Guidelines.) Neither Congress nor EPA accept updated either list, but EPA is providing them here as a reference because EPA, states, and authorized tribes proceed to consult the lists when developing ambient water quality criteria pursuant to CWA sections 303(c)(2)(B) and 304(a). (Run into Water Quality Standards: Regulations and Resource)

Toxic Pollutant List
Priority Pollutant Listing

Toxic Pollutant List

Cardinal Features

The Make clean Water Deed references the Toxic Pollutant List at department 307(a)(1); 33 U.s.a.C. 1317(a)(1).
The list appears in the Code of Federal Regulations at twoscore CFR 401.xv.
The list contains 65 entries. Many of the entries, such as "haloethers," are for groups of pollutants.

Relationship between CWA Section 307(a)(1) and the Toxic Pollutant Listing

Department 307(a)(1) says:
...the listing of toxic pollutants or combination of pollutants subject to this Human action shall consist of those toxic pollutants listed in tabular array 1 of Committee Impress Numbered 95-30 of the Commission on Public Works of the House of Representatives…
Committee Impress 95-30 (November 1977) is titled "Data Relating to H.R. 3199 (Clean Water Act of 1977)."
Table i is titled "Section 307—Toxic Pollutants." EPA codified Table ane at 40 CFR 401.xv.

History of the Toxic Pollutant List

Source of the list: The list was negotiated amid parties to a settlement agreement (NRDC et al. vs Railroad train,6 ELR 20588 , D.D.C. June 9, 1976). This agreement is sometimes referred to as the "Toxics Consent Decree" or the "Flannery Decision" (for presiding U.S. Commune Court Judge Thomas A. Flannery).
Congress subsequently ratified the Settlement Agreement and the Toxic Pollutant List when it amended the CWA in 1977 (Pub. L. 95-217, December 27, 1977 (PDF)).(46 pp, seven.vii MB, Nearly PDF)
Background document:
Copeland, Claudia. Congressional Research Service (1993). "Toxic Pollutants and the Clean Water Deed: Current Bug." Study No. 93-849.
The list was first published on Jan 31, 1978 in the Federal Annals (43 FR 4108).
On July 31, 1979 (44 FR 44501), EPA published the list once more and added the list to the CFR at 40 CFR 401.fifteen.
On November 8, 1983 (48 FR 51405), EPA added regulations at 40 CFR 131.11 that require states and authorized tribes to adopt water quality criteria, sufficient enough to protect the designated apply, for department 307(a) toxic pollutants.
On February 4, 1987, Congress amended CWA section 303(c)(2) by adding subparagraph (B) which requires that a state, whenever reviewing, revising, or adopting new water quality standards, must prefer numeric criteria for all toxic pollutants listed pursuant to section 307(a)(1) for which criteria accept been published under department 304(a).
For the 14 states that did not timely adopt such numeric criteria, EPA promulgated the National Toxics Rule (NTR) on December 22, 1992 (57 FR 60848). The NTR uses the criteria listed in section 304(a) to promulgate numeric criteria for states that had not yet adopted numeric criteria for those toxic pollutants.

Modifications

EPA removed three pollutants from the list in 1981, subsequently determining that their chemic properties did not justify their inclusion:
- Dichlorodifluoromethane and trichlorofluoromethane were de-listed on January 8, 1981 (46 FR 2266) at the request of E.I. duPont de Nemours and Co. considering of low solubility in water and high volatility combined with depression human being and mammalian toxicity. Bis(chloromethyl) ether was de-listed on February 4, 1981 (46 FR 10723) based on information that indicated a half-life in water of 38 seconds at 20°C.
De-listing the three pollutants did not alter the 65 entries because the three de-listed pollutants were specific compounds within entries for the groups Halomethanes (list entry 38) and Haloethers (list entry 37).

Priority Pollutant Listing

Overview

Key features of the Priority Pollutant Listing and its relationship to the Toxic Pollutant List:

The Priority Pollutants are a set of chemical pollutants EPA regulates, and for which EPA has published analytical test methods.
The Priority Pollutant List makes the list of toxic pollutants more usable, in a practical way, for the purposes assigned to EPA by the Clean Water Deed. For example, the Priority Pollutant list is more practical for testing and for regulation in that chemicals are described past their individual chemical names. The list of toxic pollutants, in contrast, contains open-concluded groups of pollutants, such as "chlorinated benzenes." That group contains hundreds of compounds; there is no test for the group as a whole, nor is it practical to regulate or examination for all of these compounds.

Derivation

Starting with the list of toxic pollutants, EPA used four criteria to select and prioritize specific pollutants:

We included all pollutants specifically named on the list of toxic pollutants;
There had to be a chemical standard available for the pollutant, so that testing for the pollutant could be performed;
The pollutant had to have been reported every bit establish in water with a frequency of occurrence of at least 2.5 per centum, and
The pollutant had to accept been produced in significant quantities, as reported in Stanford Inquiry Found's "1976 Directory of Chemical Producers, USA."

Number of Entries

Originally, at that place were 129. When three pollutants were removed from the list of toxic pollutants in 1981 (see "Modifications" to a higher place), they were also removed from the Priority Pollutant List.

Entry numbers 17, 49, and 50 were removed.
The last number on the list is withal 129, although there are 126 entries.

Publication

Q: Why is the Priority Pollutant List published at 40 CFR Role 423, Appendix A, rather than at Part 401, or some other, more than general section?

One of the first industrial categories for which EPA developed Effluent Guidelines was the Steam Electric Power Generating Category (twoscore CFR Part 423). The Priority Pollutant List was included to support regulations for that category.
Although the other sections within Part 423 apply but to the Steam Electric Power Generating Category, the Priority Pollutant Listing in Appendix A is not limited in terms of its relevance to that one industrial category.
Some users observe information technology helpful to think of Appendix A to Part 423 equally a convenient storage place for the list, or every bit a matter of convenience for citation.