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References
1.
A “mutagen” is a substance that produces a mutation in reproductive cells and a “teratogen” is a substance that produces a deformity in a fetus. The population at risk to a mutagen includes any person who is capable of becoming a parent. The population at risk to a teratogen is limited to fetuses. Some substances are both mutagens and teratogens.
2.
15 U.S.C. § 2601 et seq.
3.
October 11, 1976 . reported in EPA Journal (November–December, 1976 ) at 2 .
4.
The Environmental Protection Agency (EPA) is a regulatory agency established by Reorganization Plan Number 3 of 1970. It is charged with the administration and enforcement of environmental protection laws. EPA is headed by an Administrator who is appointed by the President with the advice and consent of the United States Senate. United States Government Organization Manual (1972–73) at 404 .
5.
7 U.S.C. &sC: 136 et seq. (effective October 21, 1972 ).
6.
40 C.F.R. § 162.11(a)(3)(ii)(A).
7.
See Emergency Suspension Order, dated February 28, 1979 , and published in 44 Federal Register 15874 (March 15, 1979 ).
8.
2,3,7,8-tetrachlordibenzo–p–dioxin.
9.
Eight women informed EPA that they lived within 12 miles of Alsea, Oregon where 2,4,5–T and silvex were used in forest management. They experienced a total of 13 spontaneous abortions between 1972 and 1977. Most of the spontaneous abortions occurred eight to ten weeks after conception and four to six weeks after the spring application of 2,4,5,-T in nearby forest areas. This was a rate almost three times greater than that of the control groups that were studied. 44 Federal Register at 15880 (March 15, 1979 ).
10.
33 U.S.C. § 1251 et seq. The National Pollutant Discharge Elimination Permit Program is established in 33 U.S.C § 1342.
11.
33 U.S.C. § 1342 (a) (I) and implementing regulations 40 C.F.R. § 125.
12.
Preliminary data from a New York State Health Department report shows an increased rate of spontaneous abortions (miscarriages), birth defects, and low birth weights in pregnant women who live in areas surrounding the Love Canal in Niagara Falls, New York. The canal was long–used as a dumping ground for toxic chemicals. Environmental Reporter 9(43):2003–04 (February 23, 1979 ).
13.
42 U.S.C. § 6901 et seq.
14.
42 U.S.C. § 300(f) et seq.
15.
15 U.S.C. § 2605 (e). PCBs have been detected in human breast milk. An estimated 300 million pounds of PCBs have escaped into the environment. Particularly tainted waters include Chesapeake Bay, the Hudson River, San Francisco Bay, the Gulf of Mexico, the waters of Florida, and Puget Sound.
16.
5 U.S.C. § 551 et seq.
17.
5 U.S.C. § 551 (4).
18.
43 Federal Register 12661, 12662.
19.
44 Federal Register 10270.
20.
44 Federal Register 10270.
21.
42 Federal Register 13579.