Strategic Planning in Environmental Regulation: A Policy Approach That Works (American and Comparative Environmental Policy) by Steven Cohen

Author:Steven Cohen [Steven Cohen]
Language: eng
Format: epub
Published: 2013-04-30T19:43:00+00:00

Step 3: Historical Analysis

Prior to 1984, federal legislation did not adequately regulate USTs. The Resource Conservation and Recovery Act of 1976 (RCRA) regulates tanks that contain hazardous wastes but not tanks with petroleum or hazardous products. The Clean Water Act of 1972 required owners of very large underground tanks (those with a capacity greater than 42,000 gallons) to take certain measures to prevent corrosion and to test tanks periodically. These requirements, however, applied only to tanks that may serve as a direct source of pollution into navigable waters. Since underground containers generally damage groundwater and affect only surface water as a nonpoint source of pollution, the Clean Water Act has not been used to regulate most of them. The Superfund act authorizes EPA to respond whenever hazardous substances are released into the environment. It has not been used to respond to leaks from oil tanks because petroleum is not considered a hazardous substance under the act. In addition, it has not been used to prevent most leaks or to set tank standards since its sole purpose is environmental cleanup. The Safe Drinking Water Act of 1974 ensures that contaminants entering public water systems do not endanger human health. EPA has set maximum levels for contaminants in drinking water, but such standards pertain to tank leaks only when drinking water is directly affected.20

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