programs. State forestry offices usually administer smoke-management programs. The visibility-impairment provision in implementing the law continues to cause confusion. EPA is responsible for administering the act.
(Reference: 42 U.S.C. Sections 7401 - 7671q; Clean Air Act [CAA] Sections 101 - 618; 40 C.F.R. Sections 50 - 95)
Comprehensive Environmental Response, Compensations, and Liability Act of 1980 (Superfund) authorizes federal remedial action on hazardous-substance disposal sites that are a danger to public health. EPA is authorized to clean up the site and recover the costs of doing so from the parties responsible for the hazardous site. Forest landowners can be held liable for hazardous-waste disposal by previous parties. This act imposes liability (for example, cost recovery for cleanup) on private parties that contribute to the improper disposal of hazardous substances, (such as cleaning solvents, wood-treating chemicals, and old chemicals). EPA is responsible for administering the act.
Federal Insecticide, Fungicide, and Rodenticide Act of 1991 (amended) regulates pesticide application by requiring that restricted-use pesticides be applied only by certified applicators. U.S. Environmental Protection Agency rigorously enforces the act in any state that does not fully implement a plan that is consistent with the requirements of the act. In some states, county and municipal requirements might be more stringent than federal requirements; that has caused considerable confusion. The Agricultural Worker Protection Standard (WPS) is also a noteworthy provision of the act that requires landowners to protect workers from pesticides (for example, by providing warning signs). This act requires federal standards for registration, distribution, and use of pesticides, including protection of workers from pesticide exposure. Conditional authority is authorized to remove from use any unregistered pesticide. Most pesticide application is limited to certified applicators. Enforcement rests with EPA, although state and local governments may (within limits) regulate pesticide use. (References: 40 C.F.R. Section 151 et seq.)
Endangered Species Act of 1973 (as amended) authorizes regulatory actions to conserve endangered and threatened species and their ecosystems. Regulations for terrestrial and fresh water species are administered by the U.S. Fish and Wildlife Service; for marine and anadromous species, the National Marine Fisheries Service. Species listing and habitat designation is undertaken by a lengthy rule-making process; a decision to list a species is based solely on biological factors. For listed species, federal regulatory action can be initiated for (1) forestry practices that jeopardize any species' existence (or destroy any species' habitat); and (2) persons that harass, harm, kill, or capture listed species. The first regulatory action applies primarily to federal lands but can involve private land if the landowner seeks some form of federal action (for example, supplying a permit).