Federal Statutes and DOE Orders Relating to Environmental Quality

DOE-STD-6003-96

further the purposes of NEPA with respect to the environment outside the United States, its

territories, and possessions. Final DOE guidelines for implementing the Order were published in

the Federal Register in 1981 (46 FR 1009). Therein, the categories of actions and the manda-

tory environmental review requirements are identified. Major Federal actions that could poten-

tially affect the global environment or resources require some level of environmental review and

documentation, depending on the nature of the action and the environments potentially

impacted.

3.1.2 Federal Statutes and DOE Orders Relating to Environmental Quality

3.1.2.1 Federal Statutes

The Atomic Energy Act (AEA) of 1954, as amended [42 USC 2011, et seq.; 10 CFR 20,

39, 60, 61, 71, 100, 762, 835, 960, 962 and 40 CFR 190192], authorizes the conduct of atomic

energy activities and governs the design, location, and operation of facilities (including Federal

facilities) involved with nuclear materials. DOE facilities are not required by the AEA to be

permitted or licensed but are required to comply with the act and its amendments.

The Pollution Prevention Act of 1990 declares a national policy to prevent pollution at the

source and to recycle pollution in an environmentally safe manner. The Act provides that the fol-

lowing hierarchical sequence of steps be taken in dealing with pollution: (1) pollution should be

prevented or reduced at the source whenever possible; (2) polluting materials should be recy-

cled in an environmentally safe manner whenever feasible; (3) polluting materials should be

treated in an environmentally safe manner; (4) disposal or other release to the environment is to

be employed only as a last resort and conducted in an environmentally safe manner.

The Clean Air Act, as amended [42 USC 7401 et seq. (40 CFR 5080)], provides require-

ments to protect and enhance the quality of the nation's air resources and to promote public

health and welfare. The act establishes National Ambient Air Quality Standards (NAAQS), Pre-

vention of Significant Deterioration (PSD) regulations, National Emission Standards for Haz-

ardous Air Pollutants (NESHAPS), and New Source Performance Standards (NSPS). The EPA

can delegate permitting and regulatory authority to a state. Delegation under the Clean Air Act

can take forms other than a State Implementation Plan (SIP).

The Water Pollution Control Act, amended by the Clean Water Act of 1977 (33 USC 1251

et seq.; 40 CFR 110, 116, 117, 121, 122, 124, 129, 230, 401, 403; 33 CFR 289, 320, 323, 327,

and 330), pertains to restoration and maintenance of the chemical, physical, and biological

integrity of the nation's waters. Using minimum technology-based guidelines set by the Envi-

ronmental Protection Agency (EPA), states will issue National Pollutant Discharge Elimination

System (NPDES) permits to discharge wastes into U.S. waters; a NPDES permit is required for

discharges to waters of the United States. Fusion facilities must comply with applicable U.S.

Army Corps of Engineers dredge and fill regulations. Impacts to wetlands greater than 10 acres

require a permit from the U.S. Army Corps of Engineers. In addition, some states have more

stringent requirements pertaining to wetlands. It is recommended that an expert on water quality

be consulted for establishing the water quality requirements for the site in question.