About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

CED-78-104 1 (1978-09-13)

handle is hein.gao/gaobaaxyq0001 and id is 1 raw text is: DOCURENT RESUME 07106 - [B258?6231 Congressional Guidance Needed on the Environmental Protection Agencyls Responsibilities for Preparing EnvirOasental Impact Statements. CED-78-104; B-170186. September 13, 1978. 29 pp. + 5 appendices (1i pp.). Report to the Congress; by Bluer B. Staats* Comptroller General. Issue Area: Environmental Protection Programs: National Environmental Policy Act of 1969 (2205). Coatact: Community and Economic Development Div. Budget Function: Natural Resources, Environment, and Energy: Polluticn Control and Abatement (304). Organizaticn Concerned: Envircnaental Protection Agency; Council on Environmental Quality. Congressional Relevance: House Committee on Public Works and Transportation; Senate Comaittee on Environment and Public Works; Congress. Authority: National Environmental Policy Act of 1969 (42 U.S.C. 4321). Federal Water Pollution Control Act, as amended (33 U.S.C. 1251). Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 791). Federal Water Pollutlon Control Act Amendments of 1972. Safe Drinking Water Act. Resource Conservation and Recovery Act of 1976. Housing and Cosmupity DeveloFsnt Act of 1974. Federal Insecticide, Fungicide, and Rodenticide Act of 1947, as amended. Federal Environmental Pesticide Control Act of 1972. marine Protection, Research, and Sanctuaries Act. Rivers and Harbors Appropration Act of 1899. Refuse Act. 33 u.S.-. 403. 33 U.S.c. 1342. 42 U.S.C. 300. 42 U.S C. 2601. 42 U.S.C. 6901. 7 U.S.C. 136. 42 U.S.C. 5301. 39 Fed. Reg. j7419. =4Q C.F.P. 162. Executive Order 11S91. Executive Order 11514. The Environmental Protection Agency (EPA) claims that the environmental impact statement (9IS) requirement of the National Environmental Policy Act generally does not apply to regulatory actions which the EPA proposes tc protect Cr enhance the quality of the environment. EPAca position is based on the act's legislative history, a series of court cases, and its ccncern that a requirement to subject mote actions to the lIS requirement would disrupt its operations. Findings/Conclusions: Although the EPA was established sort than 7 years ago, the questicn of whether the AIS requirement applies to many oi its actions has not been resolved. The statutory exemptions provided from the EIS requiresemt for actions taken Iy EPA under the Federal Hater Pollution Control and the Clean Air Acts are inequitable to other Federal agencies. EPAIs voluntary program for IS preparation Is -ne,3equate because sace actions that could benefit from the process are omitted. Applicatiun of the EIS requirement to more actions should not disrupt EPA's o;eraticns if provisions for preparation of EISs were incorporated into its normal procedures. Recommendations: The

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most