The Resource Conservation and Recovery Act ( RCRA ), enacted in 1976, is the primary federal law in the United States governing the disposal of solid waste and hazardous waste .
120-486: Congress enacted RCRA to address the increasing problems the nation faced from its growing volume of municipal and industrial waste. RCRA was an amendment of the Solid Waste Disposal Act of 1965 . The act set national goals for: The RCRA program is a joint federal and state endeavor, with the U.S. Environmental Protection Agency (EPA) providing basic requirements that states then adopt, adapt, and enforce. RCRA
240-620: A U.S. citizen for seven years for the House and nine years for the Senate, and be an inhabitant of the state which they represent. Members in both chambers may stand for re-election an unlimited number of times. The Congress was created by the U.S. Constitution and first met in 1789, replacing the Congress of the Confederation in its legislative function. Although not legally mandated, in practice since
360-478: A federal structure with two overlapping power centers so that each citizen as an individual is subject to the powers of state government and national government. To protect against abuse of power, each branch of government – executive, legislative, and judicial – had a separate sphere of authority and could check other branches according to the principle of the separation of powers . Furthermore, there were checks and balances within
480-576: A CCR regulation in 2015 that would restrict the continued use of unlined ash ponds (surface impoundments) by coal-fired power plants. This regulation, was which was modified by the Trump administration in 2018, has been challenged in litigation and remanded to EPA for further revision by the United States Court of Appeals for the District of Columbia Circuit . In response to the court decision, EPA published
600-410: A Natural Resource Damage Assessment (NRDA). Natural resource trustees determine and quantify injuries caused to natural resources through either releases of hazardous substances or cleanup actions and then seek to restore ecosystem services to the public through conservation, restoration, and/or acquisition of equivalent habitat. Responsible parties are assessed damages for the cost of the assessment and
720-458: A Superfund site. In 1978, residents of the rural black community of Triana, Alabama were found to be contaminated with DDT and PCB , some of whom had the highest levels of DDT ever recorded in human history. The DDT was found in high levels in Indian Creek, which many residents relied on for sustenance fishing. Although this major health threat to residents of Triana was discovered in 1978,
840-530: A chemical or oil spill. From 2000 to 2015, Congress allocated about $ 1.26 billion of general revenue to the Superfund program each year. Consequently, less than half the number of sites were cleaned up from 2001 to 2008, compared to before. The decrease continued during the Obama administration , and since under the direction of EPA Administrator Gina McCarthy Superfund cleanups decreased even more from 20 in 2009 to
960-456: A contribution action under the CERCLA. CERCLA liability has generally been judicially established as joint and several among PRPs to the government for cleanup costs (i.e., each PRP is hypothetically responsible for all costs subject to contribution), but CERCLA liability is allocable among PRPs in contribution based on comparative fault. An "orphan share" is the share of costs at a Superfund site that
1080-453: A disproportionate amount. The EPA seeks to identify parties responsible for hazardous substances released to the environment (polluters) and either compel them to clean up the sites, or it may undertake the cleanup on its own using the Superfund (a trust fund) and seek to recover those costs from the responsible parties through settlements or other legal means. Approximately 70% of Superfund cleanup activities historically have been paid for by
1200-477: A lesser chance of successful listing and cleanup than areas with higher income levels. After the executive order had been put in place, there persisted a discrepancy between the demographics of the communities living near toxic waste sites and their listing as Superfund sites, which would otherwise grant them federally funded cleanup projects. Communities with both increased minority and low-income populations were found to have lowered their chances of site listing after
1320-477: A mere 8 in 2014. In November 2021, Congress reauthorized an excise tax on chemical manufacturers, under the Infrastructure Investment and Jobs Act . The new chemical excise tax is effective July 1, 2022, and is double the rate of the previous Superfund tax. The 2021 law also authorized $ 3.5 billion in emergency appropriations from the U.S. government general fund for hazardous site cleanups in
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#17330850516761440-419: A polluter could not be identified, could not or would not pay (bankruptcy or refusal), consisted of about $ 1.6 billion and then increased to $ 8.5 billion. Initially, the framework for implementing the program came from the oil and hazardous substances National Contingency Plan. The EPA published the first Hazard Ranking System in 1981, and the first National Priorities List in 1983. Implementation of
1560-444: A powerful effect of waking up a somewhat dormant Congress which investigated presidential wrongdoing and coverups; the scandal "substantially reshaped" relations between the branches of government, suggested political scientist Bruce J. Schulman . Partisanship returned, particularly after 1994; one analyst attributes partisan infighting to slim congressional majorities which discouraged friendly social gatherings in meeting rooms such as
1680-427: A proposed rule on December 2, 2019 that would establish an August 31, 2020 deadline for facilities to stop placing ash in unlined impoundments. The proposal would also provide additional time for some facilities—up to eight years—to find alternatives for managing ash wastes before closing surface impoundments. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as "Superfund,"
1800-412: A requirement by addressing low income populations and minority populations that have experienced disproportionate adverse health and environmental effects as a result of their programs, policies, and activities. The EPA regional offices had to apply required guidelines for its Superfund managers to take into consideration data analysis, managed public participation, and economic opportunity when considering
1920-514: A revised constitution with a two-chamber or bicameral Congress. Smaller states argued for equal representation for each state. The two-chamber structure had functioned well in state governments. A compromise plan, the Connecticut Compromise , was adopted with representatives chosen by population (benefiting larger states) and exactly two senators chosen by state governments (benefiting smaller states). The ratified constitution created
2040-522: A site for the NPL is intended primarily to guide the EPA in: Despite the name, the Superfund trust fund has lacked sufficient funds to clean up even a small number of the sites on the NPL. As a result, the EPA typically negotiates consent orders with PRPs to study sites and develop cleanup alternatives, subject to EPA oversight and approval of all such activities. The EPA then issues a Proposed Plans for remedial action for
2160-418: A site on which it takes public comment, after which it makes a cleanup decision in a Record of Decision (ROD). RODs are typically implemented under consent decrees by PRPs or under unilateral orders if consent cannot be reached. If a party fails to comply with such an order, it may be fined up to $ 37,500 for each day that non-compliance continues. A party that spends money to clean up a site may sue other PRPs in
2280-401: A six-year term, with terms staggered , so every two years approximately one-third of the Senate is up for election. Each state, regardless of population or size, has two senators, so currently, there are 100 senators for the 50 states. Article One of the U.S. Constitution requires that members of Congress be at least 25 years old for the House and at least 30 years old for the U.S. Senate, be
2400-548: A state Superfund law and may perform NRDA either through state laws or through other federal authorities such as the Oil Pollution Act. CERCLA created the Agency for Toxic Substances and Disease Registry (ATSDR). The primary goal of a Superfund cleanup is to reduce the risks to human health through a combination of cleanup, engineered controls like caps and site restrictions such as groundwater use restrictions. A secondary goal
2520-517: A state's at-large representation to the federal government by senators. Most incumbents seek re-election, and their historical likelihood of winning subsequent elections exceeds 90 percent. The historical records of the House of Representatives and the Senate are maintained by the Center for Legislative Archives, which is a part of the National Archives and Records Administration . Congress
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#17330850516762640-449: Is attributable to a PRP that is either unidentifiable or insolvent. The EPA tries to treat all PRPs equitably and fairly. Budgetary cuts and constraints can make more equitable treatment of PRPs more difficult. Upon notification of a potentially hazardous waste site, the EPA conducts a Preliminary Assessment/Site Inspection (PA/SI), which involves records reviews, interviews, visual inspections, and limited field sampling. Information from
2760-751: Is called "interim status." Interim status requirements appear in 40 CFR Part 265. The permitting requirements for TSDFs appear in 40 CFR Parts 264 and 270. TSDFs manage (treat, store, or dispose) hazardous waste in units that may include: container storage areas, tanks, surface impoundments, waste piles, land treatment units, landfills, incinerators, containment buildings, and/or drip pads. The unit-specific permitting and operational requirements are described in further detail in 40 CFR Part 264, Subparts J through DD. City of Philadelphia v. New Jersey , 437 U.S. 617 (1978). The United States Supreme Court held that states could not discriminate against another state's articles of commerce. A New Jersey statute that prohibited
2880-663: Is directly responsible for the governing of the District of Columbia , the current seat of the federal government. The First Continental Congress was a gathering of representatives from twelve of the Thirteen Colonies . On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence , referring to the new nation as the "United States of America". The Articles of Confederation in 1781 created
3000-440: Is elected and gives each House the power to create its own structure. Section Seven lays out the process for creating laws, and Section Eight enumerates numerous powers. Section Nine is a list of powers Congress does not have, and Section Ten enumerates powers of the state, some of which may only be granted by Congress. Constitutional amendments have granted Congress additional powers. Congress also has implied powers derived from
3120-486: Is essentially charged with reconciling our many points of view on the great public policy issues of the day. Congress is constantly changing and is constantly in flux. In recent times, the American South and West have gained House seats according to demographic changes recorded by the census and includes more women and minorities . While power balances among the different parts of government continue to change,
3240-433: Is extraordinarily sensitive to public pressure. Several academics described Congress: Congress reflects us in all our strengths and all our weaknesses. It reflects our regional idiosyncrasies, our ethnic, religious, and racial diversity, our multitude of professions, and our shadings of opinion on everything from the value of war to the war over values. Congress is the government's most representative body ... Congress
3360-622: Is necessary to protect human health and the environment. The amendments established a trust fund to pay for the cleanup of leaking UST sites where responsible parties cannot be identified. It is also recommended that above-ground storage tanks are used whenever possible. RCRA Subtitle J regulated medical waste in four states ( New York , New Jersey , Connecticut , Rhode Island ) and Puerto Rico , and expired on March 22, 1991. ( See Medical Waste Tracking Act .) State environmental and health agencies regulate medical waste, rather than EPA. Other federal agencies have issued safety regulations governing
3480-902: Is now most widely known for the regulations promulgated under it that set standards for the treatment, storage and disposal of hazardous waste in the United States. However, it also plays an integral role in the management of municipal and industrial waste as well as underground storage tanks . EPA has published waste management regulations , which are codified in Title ;40 of the Code of Federal Regulations at parts 239 through 282. Regulations regarding management of hazardous waste begin in part 260. States are authorized to operate their own hazardous waste programs, which must be at least as stringent as federal standards, and are tasked with creating state implementation plans for managing solid waste. In California,
3600-411: Is often pointed to as the roots of the environmental justice movement. PCBs were illegally dumped into the community and then it eventually became a PCB landfill . Community leaders pressed the state for the site to be cleaned up for an entire decade until it was finally detoxified. However, this decontamination did not return the site to its pre-1982 conditions. There has been a call for reparations to
3720-733: Is presented in a Proposed Plan for public review and comment, followed by a selected alternative in a ROD. The site then enters into a Remedial Design phase and then the Remedial Action phase. Many sites include long-term monitoring. Once the Remedial Action has been completed, reviews are required every five years, whenever hazardous substances are left onsite above levels safe for unrestricted use. As of December 9, 2021 , there were 1,322 sites listed; an additional 447 had been delisted, and 51 new sites have been proposed. Historically about 70 percent of Superfund cleanup activities have been paid for by potentially responsible party (PRPs). When
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3840-586: Is quite uncommon. Article One of the United States Constitution states, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." The House and Senate are equal partners in the legislative process – legislation cannot be enacted without the consent of both chambers. The Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves presidential appointments while
3960-635: Is the Church Rock uranium mill spill on the Navajo Nation. It was the largest radioactive spill in the US but received a long delay in government response and cleanup after being placed as a lower priority site. Two sets of five-year cleanup plans have been put in place by US Congress, but contamination from the Church Rock incident has still not been completely cleaned up. Today, uranium contamination from mining during
4080-726: Is the legislature of the federal government of the United States . It is bicameral , composed of a lower body, the United States House of Representatives , and an upper body, the United States Senate . It meets in the United States Capitol in Washington, D.C. Members are chosen through direct election , though vacancies in the Senate may be filled by a governor 's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The vice president of
4200-543: Is to return the site to productive use as a business, recreation or as a natural ecosystem. Identifying the intended reuse early in the cleanup often results in faster and less expensive cleanups. EPA's Superfund Redevelopment Program provides tools and support for site redevelopment. CERCLA was enacted by Congress in 1980 in response to the threat of hazardous waste sites, typified by the Love Canal disaster in New York , and
4320-529: The tabloidization of media coverage. Others saw pressure to squeeze a political position into a thirty-second soundbite. A report characterized Congress in 2013 as unproductive, gridlocked, and "setting records for futility". In October 2013, with Congress unable to compromise, the government was shut down for several weeks and risked a serious default on debt payments, causing 60% of the public to say they would "fire every member of Congress" including their own representative. One report suggested Congress posed
4440-540: The Board of Education . Congress began reasserting its authority. Lobbying became a big factor despite the 1971 Federal Election Campaign Act . Political action committees or PACs could make substantive donations to congressional candidates via such means as soft money contributions. While soft money funds were not given to specific campaigns for candidates, the money often benefited candidates substantially in an indirect way and helped reelect candidates. Reforms such as
4560-527: The Commerce Clause , the enumerated power to regulate commerce, in rulings such as McCulloch v. Maryland , have effectively widened the scope of Congress's legislative authority far beyond that prescribed in Section Eight. Constitutional responsibility for the oversight of Washington, D.C. , the federal district and national capital, and the U.S. territories of Guam , American Samoa , Puerto Rico ,
4680-598: The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( CERCLA ). The program is administered by the Environmental Protection Agency (EPA). The program is designed to investigate and clean up sites contaminated with hazardous substances. Sites managed under this program are referred to as Superfund sites . Of all the sites selected for possible action under this program (and there are tens of thousands across
4800-463: The Congress of the Confederation , a unicameral body with equal representation among the states in which each state had a veto over most decisions. Congress had executive but not legislative authority, and the federal judiciary was confined to admiralty and lacked authority to collect taxes, regulate commerce, or enforce laws. Government powerlessness led to the Convention of 1787 which proposed
4920-599: The Conservative Coalition . Democrats maintained control of Congress during World War II . Congress struggled with efficiency in the postwar era partly by reducing the number of standing congressional committees. Southern Democrats became a powerful force in many influential committees although political power alternated between Republicans and Democrats during these years. More complex issues required greater specialization and expertise, such as space flight and atomic energy policy. Senator Joseph McCarthy exploited
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5040-905: The Department of Toxic Substances Control (DTSC) is the primary authority enforcing the RCRA requirements, as well as the California Hazardous Waste Control Law (HWCL) of 1972. Arguably the most notable provisions of the RCRA statute are included in Subtitle C, which directs EPA to establish controls on the management of hazardous wastes from their point of generation, through their transportation and treatment, storage and/or disposal. Because RCRA requires controls on hazardous waste generators (i.e., sites that generate hazardous waste), transporters, and treatment, storage and disposal facilities (i.e., facilities that ultimately treat/dispose of or recycle
5160-687: The Hazard Ranking System (HRS) to calculate a site score (ranging from 0 to 100) based on the actual or potential release of hazardous substances from a site. A score of 28.5 places a site on the National Priorities List, eligible for long-term, remedial action (i.e., cleanup) under the Superfund program. As of March 23, 2022 , there were 1,333 sites listed; an additional 448 had been delisted, and 43 new sites have been proposed. Superfund also authorizes natural resource trustees, which may be federal, state, and/or tribal, to perform
5280-513: The Northern Mariana Islands . These six members of Congress enjoy floor privileges to introduce bills and resolutions, and in recent Congresses they vote in permanent and select committees, in party caucuses and in joint conferences with the Senate. They have Capitol Hill offices, staff and two annual appointments to each of the four military academies. While their votes are constitutional when Congress authorizes their House Committee of
5400-466: The U.S. Virgin Islands , and the Northern Mariana Islands rests with Congress. The republican form of government in territories is devolved by congressional statute to the respective territories including direct election of governors, the D.C. mayor and locally elective territorial legislatures. Superfund Superfund is a United States federal environmental remediation program established by
5520-565: The Valley of the Drums in Kentucky . It was recognized that funding would be difficult, since the responsible parties were not easily found, and so the Superfund was established to provide funding through a taxing mechanism on certain industries and to create a comprehensive liability framework to be able to hold a broader range of parties responsible. The initial Superfund trust fund to clean up sites where
5640-445: The second-wave feminism movement , when activists moved into electoral politics. Beginning in the 1970s, donors and political action committees like EMILY's List began recruiting, training and funding women candidates. Watershed political moments like the confirmation of Clarence Thomas and the 2016 presidential election created momentum for women candidates, resulting in the Year of
5760-426: The types of tanks permitted. EPA established a tank notification system to track UST status. UST regulatory programs are principally administered by state and U.S. territorial agencies. The regulations set standards for: The Superfund Amendments and Reauthorization Act of 1986 (SARA) required owners and operators of USTs to ensure corrective action is completed when a tank is in need of repair, or removal, when it
5880-479: The "biggest risk to the U.S. economy" because of its brinksmanship , "down-to-the-wire budget and debt crises" and "indiscriminate spending cuts", resulting in slowed economic activity and keeping up to two million people unemployed. There has been increasing public dissatisfaction with Congress, with extremely low approval ratings which dropped to 5% in October 2013. In 2009, Congress authorized another delegate for
6000-439: The 1960s opened the possibility for Black, Asian American, Latina and other non-white women candidates to run for Congress. Racially polarized voting, racial stereotypes and lack of institutional support still prevent women of color from reaching Congress as easily as white people . Senate elections, which require victories in statewide electorates, have been particularly difficult for women of color. Carol Moseley Braun became
6120-575: The 19th century, members of Congress are typically affiliated with one of the two major parties , the Democratic Party or the Republican Party , and only rarely with a third party or independents affiliated with no party. In the case of the latter, the lack of affiliation with a political party does not mean that such members are unable to caucus with members of the political parties. Members can also switch parties at any time, although this
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#17330850516766240-841: The 2002 Bipartisan Campaign Reform Act limited campaign donations but did not limit soft money contributions. One source suggests post-Watergate laws amended in 1974 meant to reduce the "influence of wealthy contributors and end payoffs" instead "legitimized PACs" since they "enabled individuals to band together in support of candidates". From 1974 to 1984, PACs grew from 608 to 3,803 and donations leaped from $ 12.5 million to $ 120 million along with concern over PAC influence in Congress. In 2009, there were 4,600 business, labor and special-interest PACs including ones for lawyers , electricians , and real estate brokers . From 2007 to 2008, 175 members of Congress received "half or more of their campaign cash" from PACs. From 1970 to 2009,
6360-563: The American response as a "police action". According to Time magazine in 1970, "U.S. presidents [had] ordered troops into position or action without a formal congressional declaration a total of 149 times." In 1993, Michael Kinsley wrote that "Congress's war power has become the most flagrantly disregarded provision in the Constitution," and that the "real erosion [of Congress's war power] began after World War II." Disagreement about
6480-574: The Cold War era remains throughout the Navajo Nation, posing health risks to the Navajo community. The data in the Superfund Program are available to the public. While the simple and relatively easy sites have been cleaned up, EPA is now addressing a residual number of difficult and massive sites such as large-area mining and sediment sites, which is tying up a significant amount of funding. Also, while
6600-458: The Constitution's Necessary and Proper Clause . Congress has authority over financial and budgetary policy through the enumerated power to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States". There is vast authority over budgets, although analyst Eric Patashnik suggested that much of Congress's power to manage
6720-594: The Government of the United States, or in any Department or Officer thereof". Article Four gives Congress the power to admit new states into the Union. One of Congress's foremost non-legislative functions is the power to investigate and oversee the executive branch. Congressional oversight is usually delegated to committees and is facilitated by Congress's subpoena power. Some critics have charged that Congress has in some instances failed to do an adequate job of overseeing
6840-435: The House expanded delegates, along with their powers and privileges representing U.S. citizens in non-state areas, beginning with representation on committees for Puerto Rico's resident commissioner in 1970. In 1971, a delegate for the District of Columbia was authorized, and in 1972 new delegate positions were established for U.S. Virgin Islands and Guam . In 1978, an additional delegate for American Samoa were added. In
6960-448: The House initiates revenue -raising bills. The House initiates impeachment cases, while the Senate decides impeachment cases. A two-thirds vote of the Senate is required before an impeached person can be removed from office. The term Congress can also refer to a particular meeting of the legislature. A Congress covers two years; the current one, the 118th Congress , began on January 3, 2023, and will end on January 3, 2025. Since
7080-477: The House of Representatives have equal legislative authority, although only the House may originate revenue and appropriation bills . Congress has an important role in national defense , including the exclusive power to declare war, to raise and maintain the armed forces , and to make rules for the military. Some critics charge that the executive branch has usurped Congress's constitutionally defined task of declaring war. While historically presidents initiated
7200-598: The Jeffersonian Republican Party and began the era of the First Party System . In 1800, Thomas Jefferson 's election to the presidency marked a peaceful transition of power between the parties. John Marshall , 4th chief justice of the Supreme Court , empowered the courts by establishing the principle of judicial review in law in the landmark case Marbury v. Madison in 1803, effectively giving
7320-524: The PA/SI is used by the EPA to develop a Hazard Ranking System (HRS) score to determine the CERCLA status of the site. Sites that score high enough to be listed typically proceed to a Remedial Investigation/Feasibility Study (RI/FS). The RI includes an extensive sampling program and risk assessment that defines the nature and extent of the site contamination and risks. The FS is used to develop and evaluate various remediation alternatives. The preferred alternative
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#17330850516767440-517: The RCRA regulatory program with enactment of the Hazardous and Solid Waste Amendments of 1984 (HSWA). At that time there were about 2.1 million tanks subject to federal regulation, and the EPA program led to closure and removal of most substandard tanks. As of 2009 there were approximately 600,000 active USTs at 223,000 sites subject to federal regulation. The federal UST regulations cover tanks storing petroleum or listed hazardous substances, and define
7560-612: The Subtitle C regulations, such as hazardous wastes from households and from conditionally exempt small quantity generators. In 1980 Congress designated several kinds of industrial wastes as "special wastes," which are exempt from Subtitle C, including oil and gas exploration and production wastes (such as drill cuttings, produced water , and drilling fluids ), coal combustion residuals generated by electric power plants and other industries, mining waste , and cement kiln dust. See Solid Waste Disposal Amendments of 1980 . The operation of underground storage tanks (USTs) became subject to
7680-478: The Superfund program, the EPA and state agencies use the HRS to calculate a site score (ranging from 0 to 100) based on the actual or potential release of hazardous substances from a site through air , surface water or groundwater . A score of 28.5 places the site on the National Priorities List, making the site eligible for long-term remedial action (i.e., cleanup) under the Superfund program. Federal actions to address
7800-628: The Supreme Court a power to nullify congressional legislation. The Civil War , which lasted from 1861 to 1865, which resolved the slavery issue and unified the nation under federal authority but weakened the power of states' rights . The Gilded Age (1877–1901) was marked by Republican dominance of Congress. During this time, lobbying activity became more intense, particularly during the administration of President Ulysses S. Grant in which influential lobbies advocated for railroad subsidies and tariffs on wool. Immigration and high birth rates swelled
7920-418: The U.S.), 1178 (as of 2024) remain on the National Priorities List (NPL) that makes them eligible for cleanup under the Superfund program. Sites on the NPL are considered the most highly contaminated and undergo longer-term remedial investigation and remedial action (cleanups). The state of New Jersey , the fifth smallest state in the U.S., is the location of about ten percent of the priority Superfund sites,
8040-485: The Uniform Congressional Redistricting Act requires that they be elected from single-member constituencies or districts . It is also required that the congressional districts be apportioned among states by population every ten years using the U.S. census results, provided that each state has at least one congressional representative. Each senator is elected at-large in their state for
8160-476: The United States , as President of the Senate, has a vote in the Senate only when there is a tie. The House of Representatives has six non-voting members . Congress convenes for a two-year term , commencing every other January. Elections are held every even-numbered year on Election Day . The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 established that there be 435 representatives, and
8280-538: The White House a little more in favor of the executive branch", according to one account. Past presidents, including Ronald Reagan , George H. W. Bush , Bill Clinton , and George W. Bush , have made public statements when signing congressional legislation about how they understand a bill or plan to execute it, and commentators, including the American Bar Association , have described this practice as against
8400-500: The Whole votes, recent Congresses have not allowed for that, and they cannot vote when the House is meeting as the House of Representatives. On January 6, 2021, the Congress gathered to confirm the election of Joe Biden, when supporters of the outgoing president Donald Trump attacked the building . The session of Congress ended prematurely, and Congress representatives evacuated. Trump supporters occupied Congress until D.C police evacuated
8520-540: The Woman and the election of members of The Squad , respectively. Women of color faced additional challenges that made their ascension to Congress even more difficult. Jim Crow laws , voter suppression and other forms of structural racism made it virtually impossible for women of color to reach Congress prior to 1965. The passage of the Voting Rights Act that year , and the elimination of race-based immigration laws in
8640-535: The adoption of the Twentieth Amendment to the United States Constitution , the Congress has started and ended at noon on the third day of January of every odd-numbered year. Members of the Senate are referred to as senators; members of the House of Representatives are referred to as representatives, congressmen, or congresswomen. Scholar and representative Lee H. Hamilton asserted that the "historic mission of Congress has been to maintain freedom" and insisted it
8760-639: The area. The event was the first time since the Burning of Washington by the British during the War of 1812 that the United States Congress was forcefully occupied. Various social and structural barriers have prevented women from gaining seats in Congress. In the early 20th century, women's domestic roles and the inability to vote forestalled opportunities to run for and hold public office. The two party system and
8880-417: The budget has been lost when the welfare state expanded since "entitlements were institutionally detached from Congress's ordinary legislative routine and rhythm." Another factor leading to less control over the budget was a Keynesian belief that balanced budgets were unnecessary. The Sixteenth Amendment in 1913 extended congressional power of taxation to include income taxes without apportionment among
9000-552: The burden of the cost was shifted to taxpayers in the general public. Since 2001, most of the cleanup of hazardous waste sites has been funded through taxpayers generally. Despite its name, the program suffered from under-funding, and by 2014 Superfund NPL cleanups had decreased to only 8 sites, out of over 1,200. In November 2021, the Infrastructure Investment and Jobs Act reauthorized an excise tax on chemical manufacturers, for ten years starting in July 2022. The EPA and state agencies use
9120-415: The cleanup of the lead-contaminated hot spots. It wasn't until 1993 that the site was declared a Superfund site, and at the time it was one of the largest ones. However, it was not until 2004 when the EPA completed the clean-up efforts and eliminated the lead pollutant sources from the site. The Afton community of Warren County, North Carolina is one of the most prominent environmental injustice cases and
9240-632: The community which has not yet been met. Bayview-Hunters Point, San Francisco , a historically African American community, has faced persistent environmental discrimination due to the poor remediation efforts of the San Francisco Naval Shipyard , a federally declared Superfund site. The negligence of multiple agencies to adequately clean this site has led Bayview residents to be subject to high rates of pollution and has been tied to high rates of cancer, asthma, and overall higher health hazards than other regions of San Francisco. One example
9360-427: The disproportionate health and environmental disparities that minority and low-income populations face through Executive Order 12898 required federal agencies to make environmental justice central to their programs and policies. Superfund sites have been shown to impact minority communities the most. Despite legislation specifically designed to ensure equity in Superfund listing, marginalized populations still experience
9480-586: The early years as political parties became pronounced. With the passage of the Constitution and the Bill of Rights , the anti-federalist movement was exhausted. Some activists joined the Anti-Administration Party that James Madison and Thomas Jefferson were forming about 1790–1791 to oppose policies of Treasury Secretary Alexander Hamilton ; it soon became the Democratic-Republican Party or
9600-475: The electorate. Lame duck reforms according to the Twentieth Amendment reduced the power of defeated and retiring members of Congress to wield influence despite their lack of accountability. The Great Depression ushered in President Franklin Roosevelt and strong control by Democrats and historic New Deal policies. Roosevelt 's election in 1932 marked a shift in government power towards
9720-517: The end of FY 2003. Since that time Superfund sites for which the PRPs could not pay have been paid for from the general fund. Under the 2021 authorization by Congress, collection of excise taxes from chemical manufacturers will resume in 2022. The Hazard Ranking System is a scoring system used to evaluate potential relative risks to public health and the environment from releases or threatened releases of hazardous wastes at uncontrolled waste sites. Under
9840-489: The environment. Southern Union Co. v. United States , 567 U.S. 343 (2012). The Supreme Court held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the statutory maximum must be submitted to the jury and determined beyond a reasonable doubt . United States Congress This is an accepted version of this page Minority (49) Minority (212) Vacant (3) [REDACTED] [REDACTED] The United States Congress
9960-425: The exclusive power of removal , allowing impeachment and removal of the president, federal judges and other federal officers. There have been charges that presidents acting under the doctrine of the unitary executive have assumed important legislative and budgetary powers that should belong to Congress. So-called signing statements are one way in which a president can "tip the balance of power between Congress and
10080-577: The executive branch. Numerous New Deal initiatives came from the White House rather initiated by Congress. President Roosevelt pushed his agenda in Congress by detailing Executive Branch staff to friendly Senate committees (a practice that ended with the Legislative Reorganization Act of 1946). The Democratic Party controlled both houses of Congress for many years. During this time, Republicans and conservative southern Democrats formed
10200-401: The executive order, while on the other hand, increases in income led to greater chances of site listing. Of the populations living within 1 mile radius of a Superfund site, 44% of those are minorities despite only being around 37% of the nation's population. As of January 2021, more than 9,000 federally subsidized properties, including ones with hundreds of dwellings, were less than a mile from
10320-463: The extent of congressional versus presidential power regarding war has been present periodically throughout the nation's history. Congress can establish post offices and post roads, issue patents and copyrights , fix standards of weights and measures, establish Courts inferior to the Supreme Court , and "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in
10440-551: The fear of communism during the Second Red Scare and conducted televised hearings. In 1960, Democratic candidate John F. Kennedy narrowly won the presidency and power shifted again to the Democrats who dominated both chambers of Congress from 1961 to 1980, and retained a consistent majority in the House from 1955 to 1994. Congress enacted Johnson's Great Society program to fight poverty and hunger. The Watergate Scandal had
10560-456: The federal government did not act until 5 years later after the mayor of Triana filed a class-action lawsuit in 1980. In West Dallas, Texas , a mostly African American and Latino community, a lead smelter poisoned the surrounding neighborhood, elementary school, and day cares for more than five decades. Dallas city officials were informed in 1972 that children in the proximity of the smelter were being exposed to lead contamination. The city sued
10680-466: The federal government's sovereign immunity from liability for civil fines imposed by a state for past violations of the Clean Water Act (CWA) or RCRA. Meghrig v. KFC Western, Inc. , 516 U.S. 479 (1996). The Supreme Court held that the RCRA does not authorize a citizen suit to recover past cleanup costs when the toxic waste does not, at the time of suit, continue to pose an endangerment to health or
10800-412: The first woman of color to reach the Senate in 1993. The second, Mazie Hirono , won in 2013. In 2021, Kamala Harris became the first female President of the Senate , which came with her role as the first female Vice President of the United States . Article One of the Constitution creates and sets forth the structure and most of the powers of Congress. Sections One through Six describe how Congress
10920-505: The geography of toxic waste site remediation. Some environmentalists and industry lobbyists saw the Clinton administration's environmental justice policy as an improvement, but the order did not receive bipartisan support. The newly elected Republican Congress made numerous unsuccessful efforts to significantly weaken the program. The Clinton administration then adopted some industry favored reforms as policy and blocked most major changes. Until
11040-520: The handling of medical waste, including the Centers for Disease Control and Prevention , Occupational Safety and Health Administration , and the Food and Drug Administration . Congress exempted several types of wastes from classification as hazardous under Subtitle C in its 1980 amendment to RCRA. The Solid Waste Disposal Amendments of 1980 designated the following categories as "special wastes" and not subject to
11160-949: The hazardous waste), the overall regulatory framework has become known as the "cradle to grave" system. States are authorized to implement their own hazardous waste programs. The statute imposes stringent recordkeeping and reporting requirements on generators, transporters, and operators of treatment, storage and disposal facilities handling hazardous waste. Subtitle D provides criteria for landfills and other waste disposal facilities, and banned open landfills. EPA published its initial standards in 1979 for "sanitary" landfills that receive municipal solid waste. The "solid waste" definition includes garbage (e.g., food containers, coffee grounds), non-recycled household appliances, residue from incinerated automobile tires, refuse such as metal scrap, construction materials, and sludge from industrial and sewage treatment plants and drinking water treatment plants. Subtitle D also exempted certain hazardous wastes from
11280-639: The immediate future. CERCLA authorizes two kinds of response actions: A potentially responsible party (PRP) is a possible polluter who may eventually be held liable under CERCLA for the contamination or misuse of a particular property or resource . Four classes of PRPs may be liable for contamination at a Superfund site: The liability scheme of CERCLA changed commercial and industrial real estate, making sellers liable for contamination from past activities, meaning they can't pass liability onto unknowing buyers without any responsibility. Buyers also have to be aware of future liabilities. The CERCLA also required
11400-531: The importation of waste that originated or was collected outside New Jersey was held to violate the Commerce Clause of the United States Constitution. Hallstrom v. Tillamook County , 493 U.S. 20 (1990). The Supreme Court held that a citizen suit under the RCRA must be dismissed if the plaintiff fails to meet the statute's notice and 60-day delay requirements. Department of Energy v. Ohio , 503 U.S. 607 (1992). The Supreme Court held that Congress did not waive
11520-402: The internal structure of Congress is important to understand along with its interactions with so-called intermediary institutions such as political parties , civic associations , interest groups , and the mass media . The Congress of the United States serves two distinct purposes that overlap: local representation to the federal government of a congressional district by representatives and
11640-486: The lack of term limits favored incumbent white men, making the widow's succession – in which a woman temporarily took over a seat vacated by the death of her husband – the most common path to Congress for white women. Women candidates began making substantial inroads in the later 20th century, due in part to new political support mechanisms and public awareness of their underrepresentation in Congress. Recruitment and financial support for women candidates were rare until
11760-430: The late 20th century, the media became more important in Congress's work. Analyst Michael Schudson suggested that greater publicity undermined the power of political parties and caused "more roads to open up in Congress for individual representatives to influence decisions". Norman Ornstein suggested that media prominence led to a greater emphasis on the negative and sensational side of Congress, and referred to this as
11880-488: The law. Generally militia forces are controlled by state governments, not Congress. Congress also has implied powers deriving from the Constitution's Necessary and Proper Clause which permit Congress to "make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof". Broad interpretations of this clause and of
12000-444: The lead smelters in 1974, then reduced its lead regulations in 1976. It wasn't until 1981 that the EPA commissioned a study on the lead contamination in this neighborhood and found the same results that had been found a decade earlier. In 1983, the surrounding day cares had to close due to the lead exposure while the lead smelter remained operating. It was later revealed that EPA Deputy Administrator John Hernandez had deliberately stalled
12120-441: The legislature since there were two separate chambers. The new government became active in 1789. Political scientist Julian E. Zelizer suggested there were four main congressional eras, with considerable overlap, and included the formative era (1780s–1820s), the partisan era (1830s–1900s), the committee era (1910s–1960s), and the contemporary era (1970–present). Federalists and anti-federalists jostled for power in
12240-515: The mid-1990s, most of the funding came from an excise tax on the petroleum and chemical industries, reflecting the polluter pays principle. Even though by 1995 the Superfund balance had decreased to about $ 4 billion, Congress chose not to reauthorize collection of the tax, and by 2003 the fund was empty. Since 2001, most of the funding for cleanups of hazardous waste sites has come from taxpayers. State governments pay 10 percent of cleanup costs in general, and at least 50 percent of cleanup costs if
12360-580: The other branches of government. In the Plame affair , critics including Representative Henry A. Waxman charged that Congress was not doing an adequate job of oversight in this case. There have been concerns about congressional oversight of executive actions such as warrantless wiretapping , although others respond that Congress did investigate the legality of presidential decisions. Political scientists Ornstein and Mann suggested that oversight functions do not help members of Congress win reelection. Congress also has
12480-454: The party either cannot be found or is unable to pay for the cleanup, the Superfund law originally paid for site cleanups through an excise tax on petroleum and chemical manufacturers. The last full fiscal year (FY) in which the Department of the Treasury collected the excise tax was 1995. At the end of FY 1996, the invested trust fund balance was $ 6.0 billion. This fund was exhausted by
12600-407: The past. In 1984 Congress expanded the scope of RCRA with the enactment of Hazardous and Solid Waste Amendments (HSWA). The amendments strengthened the law by covering small quantity generators of hazardous waste and establishing requirements for hazardous waste incinerators , and the closing of substandard landfills . The Land Disposal Program Flexibility Act of 1996 allowed some flexibility in
12720-436: The potentially responsible parties (PRPs), reflecting the polluter pays principle . However, 30% of the time the responsible party either cannot be found or is unable to pay for the cleanup. In these circumstances, taxpayers had been paying for the cleanup operations. Through the 1980s, most of the funding came from an excise tax on petroleum and chemical manufacturers. However, in 1995, Congress chose not to renew this tax and
12840-495: The procedures for land disposal of certain wastes. For example, a waste is not subject to land disposal restrictions if it is sent to an industrial wastewater treatment facility, a municipal sewage treatment plant, or is treated in a "zero discharge" facility. Treatment, storage, and disposal facilities (TSDFs) manage hazardous waste under RCRA Subtitle C and generally must have a permit in order to operate. While most facilities have RCRA permits, some continue to operate under what
12960-591: The process for going to war, they asked for and received formal war declarations from Congress for the War of 1812 , the Mexican–American War , the Spanish–American War , World War I , and World War II , although President Theodore Roosevelt 's military move into Panama in 1903 did not get congressional approval. In the early days after the North Korean invasion of 1950 , President Truman described
13080-677: The program in 1986 through an act amending CERCLA. The Superfund Amendments and Reauthorization Act of 1986 (SARA) added minimum cleanup requirements in Section 121 and required that most cleanup agreements with polluters be entered in federal court as a consent decree subject to public comment (section 122). This was to address sweetheart deals between industry and the Reagan-era EPA that Congress had discovered. In 1994 President Bill Clinton issued Executive Order 12898, which called for federal agencies to make achieving environmental justice
13200-476: The program in early years, during the Ronald Reagan administration , was ineffective, with only 16 of the 799 Superfund sites cleaned up and only $ 40 million of $ 700 million in recoverable funds from responsible parties collected. The mismanagement of the program under Anne Gorsuch Burford , Reagan's first chosen Administrator of the agency, led to a congressional investigation and the reauthorization of
13320-703: The ranks of citizens and the nation grew at a rapid pace. The Progressive Era was characterized by strong party leadership in both houses of Congress and calls for reform; sometimes reformers said lobbyists corrupted politics. The position of Speaker of the House became extremely powerful under leaders such as Thomas Reed in 1890 and Joseph Gurney Cannon . By the beginning of the 20th century, party structures and leadership emerged as key organizers of Senate proceedings. A system of seniority, in which long-time members of Congress gained more and more power, encouraged politicians of both parties to seek long terms. Committee chairmen remained influential in both houses until
13440-495: The reforms of the 1970s. Important structural changes included the direct popular election of senators according to the Seventeenth Amendment , ratified on April 8, 1913. Supreme Court decisions based on the Constitution's commerce clause expanded congressional power to regulate the economy. One effect of popular election of senators was to reduce the difference between the House and Senate in terms of their link to
13560-679: The restoration of ecosystem services. For the federal government, EPA, US Fish and Wildlife Service, or the National Oceanic and Atmospheric Administration may act as natural resource trustees. The US Department of Interior keeps a list of the natural resource trustees appointed by state's governors. Federally recognized Tribes may act as trustees for natural resources, including natural resources related to Tribal subsistence, cultural uses, spiritual values, and uses that are preserved by treaties. Tribal natural resource trustees are appointed by tribal governments. Some states have their own versions of
13680-546: The revision of the National Oil and Hazardous Substances Pollution Contingency Plan 9605(a)(NCP). The NCP guides how to respond to releases and threatened releases of hazardous substances , pollutants, or contaminants. The NCP established the National Priorities List, which appears as Appendix B to the NCP, and serves as EPA's information and management tool. The NPL is updated periodically by federal rulemaking. The identification of
13800-413: The several States, and without regard to any census or enumeration. The Constitution also grants Congress the exclusive power to appropriate funds, and this power of the purse is one of Congress's primary checks on the executive branch. Congress can borrow money on the credit of the United States, regulate commerce with foreign nations and among the states, and coin money. Generally, the Senate and
13920-731: The spirit of the Constitution. There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress. In 2008, George F. Will called the Capitol building a "tomb for the antiquated idea that the legislative branch matters". The Constitution enumerates the powers of Congress in detail. In addition, other congressional powers have been granted, or confirmed, by constitutional amendments. The Thirteenth (1865), Fourteenth (1868), and Fifteenth Amendments (1870) gave Congress authority to enact legislation to enforce rights of African Americans, including voting rights , due process , and equal protection under
14040-424: The state operated the facility responsible for contamination. By 2013 federal funding for the program had decreased from $ 2 billion in 1999 to less than $ 1.1 billion (in constant dollars). In 2001, the EPA used funds from the Superfund program to institute the cleanup of anthrax on Capitol Hill after the 2001 anthrax attacks . It was the first time the agency dealt with a biological release rather than
14160-482: The stricter permitting requirements of Subtitle C: These legislative exemptions, known as the "Bevill exclusion" and the "Bentsen exclusion", were intended to be temporary, pending studies conducted by EPA and subsequent determinations as to whether any of these waste categories should be classified as hazardous. In its reviews following the 1980 amendments, EPA determined that most of the exempted waste types would continue to be classified as non-hazardous. EPA published
14280-535: Was a "driving force in American government" and a "remarkably resilient institution". Congress is the "heart and soul of our democracy", according to this view, even though legislators rarely achieve the prestige or name recognition of presidents or Supreme Court justices ; one wrote that "legislators remain ghosts in America's historical imagination." One analyst argues that it is not a solely reactive institution but has played an active role in shaping government policy and
14400-418: Was enacted in 1980 to address the problem of remediating abandoned hazardous waste sites, by establishing legal liability , as well as a trust fund for cleanup activities. In general CERCLA applies to contaminated sites, while RCRA's focus is on controlling the ongoing generation and management of particular waste streams. RCRA, like CERCLA, has provisions to require cleanup of contaminated sites that occurred in
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