Administrative Law
Chapter 1 -
Part 3
ADVANCED STUDIES
Outline and/or List
1. Document 1 (EPA Reorganization Plan No. 3) is a portion of the law (statute) creating the Environmental Protection Agency (EPA) from other agencies. In Document 1, list the functions transferred to the Environmental Protection Agency (EPA) by the Environmental Control Administration (Page 23, Document 1, §2(3)(ii).
1) Bureau of Solid Waste Management
2) Bureau of Water Hygiene
3) Bureau of Radiological Health
2. Document 2 is the Solid Waste Disposal Section of Hazardous Waste. In Document 2, list the section titles of §§ 6933, 6934, 6935. (page 26)
1. hazardous waste site inventory (§6933)
2. monitoring, analysis, and testing (§6934)
3. restrictions on recycled oil (§6935)
3. Document 3 is a section of the law identifying the criteria for defining hazardous waste. Outline how and where the administrator sends his decision in Document 3, §6921 (b)(2)(C). (page 28)
Administrator transmits
decision to:
a. Senate
b. House of Representative
any regulations, if necessary
Regulations take effect when authorized by Congress
4. Document 4 shows some of the rules and regulations to carry out the EPA law (in Document 3). List the two types of waste being discussed in §261.3 (a)(2). (page 30)
Solid waste if hazardous
Solid waste if mixed with hazardous waste
Analyzing Documents
1. In Document 1, which department functions were transferred § 7(2). (page 24)
Federal Radiation Council
2. In Document 2, which section refers to public vessels? How would you cite this section? (page 27)
§ 6939d
3. In Document 3, what does the Administrator publish in the Federal Register? (page 28) §6921(b)(2)(B)?
The Administrator publishes his decision in the Federal Register.
He will explain and justify the reasons for his decision.
To make this decision, the Administrator uses information he developed during his study of the issues.
This decision must be made within six months of his study, after holding public hearings and opportunity for comment. His decision can say that the proposed regulations are warranted or unwarranted.
4. Document 4 is a portion of the statute (law) establishing the EPA. Describe the rule that defines hazardous waste. How do you cite this rule? (page 29)
§261.3 Definition of Hazardous Waste
A solid waste is hazardous if it is not excluded under §261.4 (Exclusions)
A solid waste is hazardous if its mixture exceeds the maximum
concentration for any contaminant in Table I §261.24.
The mixture of extractions from the processing of ores and minerals might by considered hazardous waste is mixed with other waste.
If wastewater discharge is limited by the Clean Water Act, the mixture of solid waste and hazardous waste may not be classified as hazardous.