**APPENDIX A**

**REGULATORY BACKGROUND**

**General**

Unlike most regulatory areas, the environmental arena does not rely on a
single law, but rather a series of topic-focused legislation (i.e. Clean
Air, Clean Water, Toxic Substances, etc.). The result is a complex and
often seemingly contradictory system that can make compliance difficult
and frustrating.

Complicating this is the creation of the process of Astate
authorization@ in which the Environmental Protection Agency (EPA)
authorizes a state to manage a specific environmental program or
programs within its borders if the state has its own laws and
regulations which are Aessentially equivalent@ to the Federal program.
For some programs, local governments are allowed to modify the state
program even further. The result is an environmental program that can
change dramatically with a change in geography.

Also, unlike other regulatory areas, environmental laws not only
prohibit certain activities after their effective date, in some cases,
they create legal liability for actions occurring decades before the
legislation was created. The Comprehensive Environmental Response
Compensation and Liability Act (CERCLA) or Superfund, for example, can
hold organizations and/or individuals liable for improper waste
management any time prior to its passage in 1980.

**Environmental Laws**

To understand the scope of the environmental program within the United
States and its territories, it is necessary to understand the various
environmental statutes and the specific areas they regulate. The
following is a chronological listing and a very brief summary of each
pertinent law.

**FEDERAL INSECTICIDE, FUNGICIDE AND RODENTI­CIDE ACT**

The ***Federal Insecticide, Fungicide and Rodenticide Act*** (FIFRA) was
enacted in 1947. The statute was originally administered by the
Department of Agriculture who monitored the efficacy claims of
manufacturers through a registration program. In 1970, FIFRA authority
was transferred to EPA. The Act was amended in 1972 by the ***Federal
Environmental Pesticide Control Act*** (FEPCA). This amendment
strengthened enforcement, shifted emphasis from labeling and efficacy to
health and the environment, provided greater flexibility for controlling
dangerous chemicals, covered interstate registrations and specific uses,
and streamlined the administrative appeals process. Congress enacted
subsequent amendments in 1975, 1978, and 1988. For more information, the
statute is found in 7 U.S.C. \'136 et seq. The regulations addressing
FIFRA are found in 40 CFR 152-186.

**IMPACTS ON THE NWS**

FIFRA focuses its enforcement efforts on the manufacture, registration,
distribution, and management of the commer­cial application of
pesticides. While NWS personnel rarely use Arestricted use@ pesticides,
the agency routinely contracts for pesticide application services and is
ultimately responsible for the use of any pesticides on NOAA properties.
In addition, NOAA facilities may handle, store, and dispose of these
pesticides. NOAA facilities are required to comply with FIFRA if they:

-   Apply or contract for the application of registered or restricted
    pesticides on-site;

-   Store registered or restricted pesticides on-site; and/or

-   Dispose of registered or restricted pesticides.

**RESPONSIBILITIES UNDER FIFRA**

The NWS is responsible for ensuring that pesticide management activities
under FIFRA are successfully performed. These responsibilities include:

-   Ensuring that NWS applicators are properly trained, certified, and
    use appropriate personal protective equipment.

-   Properly managing storage facilities.

-   Disposing of pesticide residues and waste in accordance with
    recommended procedures.

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-   Maintaining records of pesticide applications

-   Ensuring contractors are required by contract to comply with all
    applicable Federal, State and local laws and regulations.

Section 10 describes the NWS compliance activities under the FIFRA.

**NATIONAL ENVIRONMENTAL POLICY ACT**

The ***National Environmental Policy Act*** (NEPA) of 1969 established
national environmental policy and goals for the protection, maintenance,
and enhancement of the environment. NEPA requires all federal agencies
to evaluate the historic, socioeconomic, and environmental consequences
of \"major actions\" and to follow a procedural decision making process
that includes public input when addressing environmental impacts. NEPA
also established the President=s Council on Environmental Quality (CEQ),
which reviews and apprises Federal government activities. For more
information, the statute can be found in 42 U.S.C. \'4321 et seq. and
applicable regulations are in 40 CFR 1500-1517.

**IMPACTS ON THE NWS**

NEPA requires all Federal agencies to use a systematic,
interdisciplinary process to provide environmental impact information to
federal, state, local, Indian tribal officials, and citizens before
decisions are made to take major actions that may significantly affect
the environment. As a reesult, NOAA has promulgated NAO 216-6
AEnvironmental Review Procedures for the Implementation of the National
Environmental Policy Act.@ This administrative order explains that the
NWS is subject to NEPA if it:

-   engages in a major federal action, including construction,
    modification, or rehabilitation of a building or property;

-   implements changes in facility siting or significant redistribution
    of NWS staff; and/or

-   changes activities that alter prevailing land use

-   provides grant money.

**RESPONSIBILITIES UNDER NEPA**

NEPA is largely a procedural statute which requires Federal agencies to
study, develop, and describe impacts, alternatives, and mitigation
measures, and to obtain public input on projects considered to be major
federal actions. NEPA should be part of the planning process of all
major NWS actions. The types of activities required under NEPA include:

-   Evaluating all federal actions to determine the applicability of
    NEPA \-\-- as appropriate submitting Categorical Exclusion (CX) or
    Findings of No Significant Impact (FONSI) documentation to denote
    where actions are not significant.

-   Performing Environmental Assessments (EAs) and preparing
    Environmental Impact Statements (EISs).

-   Developing and submitting a Record of Decision (ROD) to address the
    EIS findings and provide project alternatives and mitigation
    measures.

-   Submitting plans to state or local agencies.

-   Ensuring public participation in the NEPA process.

Section 14 describes the NWS compliance activities under the NEPA.

Because the NEPA process can appear daunting at least initially, the
NOAA RECO should be contacted for assistance.

**CLEAN AIR ACT** AND **THE CLEAN AIR ACT AMENDMENTS**

The ***Clean Air Act*** was enacted in 1970 and expanded in 1990 by the
***Clean Air Act Amendments*** (CAAA). The 1990 statute regulates air
pollution under six distinct titles: Title I - Air Pollution Prevention
and Control; Title II - Emission Standard for Mobile Sources; Title
III - Air Toxics; Title IV - Acid Deposition Control; Title V - Permits;
and Title VI - Stratospheric Ozone Protection. Section 107 and 110 of
the CAAA give the states primary authority for maintaining air quality
within their borders at a level consistent with the National Ambient Air
Quality Standard (NAAQS). States are required to develop State
Implementation Plans (SIPs) to establish specific regional requirements
and emission standards. In addition, Executive Order 12843 contains
\"Procurement Requirements and Policies for Federal Agencies for
Ozone-Depleting Substances.\" For more information, the statute can be
found in 42 U.S.C. \'7401 et seq. Regulations addressing air
requirements are in 40 CFR 50-93 as well as 29 CFR 1910.119.

**IMPACTS ON THE NWS**

Most of NWS compliance requirements will be associated with CFC and
halon manage­ment, as well as state regulation of boilers, emergency
generators, and fuel storage tanks. NWS facilities with large boilers
may exceed emissions thresholds and may be required to obtain permits.
NWS facilities are required to comply with provisions of the CAAA if
they:

-   Modify, construct, or add new boilers, generators, or fuel storage
    tanks for steam generating units with heat inputs exceeding 10
    million BTU;

-   Manage the removal and demolition of asbestos-containing material
    (ACM);

-   Emit 10 tons or more per year of any hazardous air pollutant (HAP);
    and/or

-   Service or repair CFC-containing equipment or dispose of CFCs.

**RESPONSIBILITIES UNDER THE CAAA**

The NWS is responsible for ensuring that manage­ment activities under the
CAAA and state delegated programs are successfully completed. These
responsibilities range from training employees and obtaining and
complying with the terms of permits to management of facility
construction/modifications. Specific activities required by the CAAA
include:

-   Obtaining necessary permits and maintaining emissions within
    permitted levels.

-   Complying with State Implementation Plan (SIP) requirements.

-   Ensuring that all CFC technicians attend EPA-certified training
    courses.

-   Ensure that all CFC recovery/recycling equipment is certified to EPA
    stan­dards and venting prohibitions are maintained.

-   Managing facilities with ACM and conducting ACM removals in
    confor­mance with the air toxics program requirements.

-   Developing risk management plans where required.

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-   Maintaining all required records/documentation.

-   Return or disposal of all products containing ozone-depleting
    compounds.

-   Purchase of alternative fueled vehicles.

Section 8 describes the NWS compliance activities under the CAAA.

**CLEAN WATER ACT**

The ***Clean Water Act*** (CWA) regulates the protection of the
nation\'s waterways and wetlands. It was enacted in 1972, replacing the
***Federal Water Pollution Control Act***, and was amended in 1977 and
1987. Title III of the Act established pretreatment standards for
discharges to treatment facilities. Title IV of the Act established the
National Pollutant Discharge Elimination System (NPDES), which provided
for the permitting of point-source discharges. Section 404 established a
permit program for dredge and fill operations. Storm water and non-point
source discharges are also regulated under the Act. EPA, along with
other federal, state, and local agencies, administer the various
programs established under the CWA. For more information, the statute
can be found at 33 U.S.C. \'1251 et seq. Regulations addressing clean
water are located in 40 CFR 122.

**IMPACTS ON THE NWS**

Most NWS operations involve the collection and discharge of water to
either a direct outfall or to a local sewage treatment facility.
Additionally, NWS installations may be sited in the vicinity of
waterways or wetlands. These facilities may be subject to CWA
requirements.

NWS facilities are required to comply with CWA provisions if they:

-   Discharge pollutants, heat, or storm water from a point-source into
    the waters of the United States;

-   Discharge pollutants from a point source to a publicly-owned
    treatment works (POTW);

-   Dispose of or place fill materials into the waters of the United
    States, includes construc­tion activity in the vicinity of waterways
    or wetlands;

-   Spill or discharge harmful quantities of oil or hazardous substances
    into navigable waters or adjoining shorelines;

-   Apply herbicides to river gauges or other instruments while in or
    near wetlands;

-   Manage in excess of a total of 1,320-gallons of fuel and other
    petroleum products in aboveground storage tanks or containers larger
    than 55-gallons; and/or,

-   Manage greater than 42,000 gallons of petroleum products in
    underground storage tanks.

Navigable waters is defined as a body of water that may be put into
public use whether it be for commercial navigation or not. It makes no
difference that the water body is a shallow pool, or muddy lake, or
marsh. The water body need have the potential to be used in agriculture,
trade, or commerce and possess the capacity for floatage in transporting
products (i.e., logs or wood) to market.

**RESPONSIBILITIES UNDER THE CWA**

The NWS is responsible for ensuring that its activities do not
negatively impact area water bodies or wetlands. Depending on the point
of discharge, effluents from NWS facilities must meet either
pretreatment standards or NPDES requirements. Additionally, NWS
facilities must have a plan in place that assesses preventing, reporting
and responding to spills. Specific management activities required by the
CWA include:

-   Developing and maintaining a Spill Prevention Control and
    Countermeasure (SPCC) or Best Management Practices (BMP) plan for
    storage of petroleum products in a tank.

-   Ensuring employees have required training.

-   Managing discharges to a POTW in accordance with established
    federal, state, and local pretreatment standards as well as any
    guidelines imposed by the NOAA RECO (i.e. ARECO rules@).

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-   Maintaining storm water permits at \"industrial category\" sites.

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-   Notifying the National Response Center of harmful spills of
    hazardous sub­stance to navigable waters or adjoining shorelines.

-   Obtaining an NPDES permit and managing direct discharges in
    compliance with permit conditions.

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-   Properly maintaining and operating water treatment systems.

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-   Monitoring, recording, and reporting pollutant effluent
    concentrations.

-   Applying for Section 404 dredge and fill permits for construction
    and develop­ment projects.

Sections 1 and 7 address NWS compliance activities under the CWA.

**TOXIC SUBSTANCES CONTROL ACT**

The ***Toxic Substances Control Act*** (TSCA) was enacted in 1976 to
provide for testing of potentially hazardous chemicals and, where
necessary, to authorize EPA regulation of such substances. The Act
requires testing and restricting the manufacture, distribution, and use,
of toxic substances. It also is used to regulate the disposal of certain
hazardous materials such as asbestos, polychlorinated biphenyls (PCBs),
radon, and lead. Several states have their own, more stringent programs
similar to TSCA, but only the federal asbestos standards and lead
abatement standards can be delegated to the states. For more
information, the Act can be found in 42 U.S.C. \'2601 et seq. The
regulations are codified in 40 CFR Parts 700 to 766, with Part 761
detailing management requirement for PCBs.

**IMPACTS ON THE NWS**

NWS facilities and operations typically involve management of materials
regulated under TSCA. Older electric equipment, such as switches,
transformers, and capacitors typically contain PCBs and pre-1987
structures were often built using asbestos materials. Specific
activities required by TSCA include:

-   Properly maintaining or disposing of equipment containing PCBs;

-   Performing asbestos surveys, abatement, or operation and maintenance
    activities;

-   Performing or overseeing lead-based paint abatement activities;
    and/or

-   Properly managing a location with potentially significant radon
    levels

**RESPONSIBILITIES UNDER TSCA**

Under TSCA, the NWS is responsible for ensuring compliance with the
management and reporting requirements as well as conducting abatement
activities in conformance with TSCA standards. Specific TSCA
requirements include:

-   Marking, labeling, storage, packaging, and disposal of PCBs and
    PCB-containing equipment.

-   Preparing and submitting annual reports for facilities managing over
    40 pounds of PCBs.

-   Preparing and maintaining PCB disposal manifests, certificates of
    destruction, and exception reports.

-   Implementing a Model Accreditation Plan (MAP) by setting minimum
    training standards for personnel engaged in asbestos abatement
    activities.

-   Conducting lead and lead-based paint abatement projects in
    conformance with established standards.

-   Measuring radon levels within buildings and mitigating unsafe
    exposure.

-   Maintaining records.

Sections 2, 11, 12 and 13 describe the NWS compliance activities under
TSCA.

**RESOURCE CONSERVATION AND RECOVERY ACT SUBTITLE C**

Subtitle C of the ***Resource Conservation and Recovery Act*** (RCRA)
was enacted in 1976, replacing the ***Solid Waste Disposal Act*** and
the ***Resource Recovery Act**.* RCRA has been amended by the
***Hazardous and Solid Waste Amendments*** (HSWA) and the ***Federal
Facilities Compliance Act*** (FFCA). RCRA regulates the generation,
transportation, treatment, and disposal of solid and hazardous waste.
The FFCA was specifically enacted to eliminate the federal exclusion
from liability and to provide for hazardous waste management and
enforcement provisions for federal facilities that are the same as the
private sector. In many cases, some or all of the authority under RCRA
has been delegated to qualified states. The statute can be found in 42
U.S.C. \'6901 et seq. with the regulations addressing hazardous waste in
40 CFR 260. Many states have their own hazardous waste requirements that
exceed federal standards.

**IMPACTS ON THE NWS**

Because RCRA Subtitle C regulates hazardous waste from \"cradle to
grave,\" most NWS operations and facilities are affected by the statute.
NWS facilities are subject to the provisions of RCRA Subtitle C if they:

-   Generate hazardous waste \-\-- many NWS facilities qualify as
    \"small quantity generators\" under RCRA;

-   Accumulate or store hazardous waste \-\-- generators need to
    properly manage satellite (e.g., temporary) and central storage
    units;

-   Transport hazardous waste off-site for treatment and/or disposal;
    and

-   Generate universal waste.

**RESPONSIBILITIES UNDER RCRA**

Under RCRA, the NWS is responsible for ensuring the proper management
and disposal of all hazardous waste generated as part of its operations.

Under this law, NWS facilities are required to:

-   determine if they generate any hazardous waste

-   determine the appropriate category of generator depending on the
    volume of waste generated

-   comply with all appropriate generator standards

-   manage all generated waste in accord with the appropriate State
    and/or Federal requirements.

Section 2 describes the NWS compliance activities under RCRA.

**COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT**

The ***Comprehensive Environmental Response, Compensation and Liability
Act*** (CERCLA) was enacted in 1980 to provide EPA authority to respond
to hazardous substance releases or threatened releases that could
endanger public health or welfare or the environment. The legislation,
known as Superfund, is based on the premise that those responsible for
hazardous substances at a site should bear the burden of the cleanup.
CERCLA was amended by the ***Superfund Amendments and Reauthorization
Act*** (SARA) in 1986 and the ***Communi­ty Environmental Response
Facilitation Act*** (CERFA) in 1992, strengthen­ing enforcement
provisions and facilitating settlement negotiations to encourage or
compel responsible party (RP) cleanups. CERCLA, as amended by SARA and
CERFA, requires community involvement during cleanup, reporting of
spills, and performance of environmental due diligence audits (EDDA) for
Federal property disposal. Many states have enacted counterparts to
CERCLA. For more information, the statute can be found in 42 U.S.C.
\'9601 to 9675. Regulations addressing environmental cleanup and
response are in 40 CFR 300, 302, 310, 355, 373.

**IMPACTS ON THE NWS**

Because CERCLA regulates hazardous substance releases and environmental
cleanup of past activities, some NWS operations, facilities, and
programs are affected by the statute. Section 120 of CERCLA specifically
addresses the responsibilities of Federal facilities. EPA can hold the
NWS, as the property owner and the party responsible for hazardous
substance management, liable for monetary payments (e.g., site
assessment costs) or compel cleanup immediately or in the future.
Additionally, SARA and CERCLA impose reporting and community involvement
requirements to ensure disclosure and cleanup of hazards. NWS facilities
are required to comply with provisions of CERCLA if they:

-   Purchase or transfer real property;

-   Own or operate a facility that is on or is being considered for the
    National Priorities List (NPL);

-   Manage appreciable quantities of hazardous substances on-site;
    and/or,

-   Cause a hazardous substance release in excess of the reportable
    quantity.

**RESPONSIBILITIES UNDER CERCLA**

The NWS responsibilities under CERCLA involve two separate but related
areas:

\- releases to the environment of hazardous substances in the past, and

\- releases of hazardous substances now.

The requirements for releases of previous hazardous substances via
improper disposal and/or unreported leaks/spills or other releases
require the NWS to report all such events as part of a Adue diligence
audit@ required upon property transfers.

If a cleanup is required, NWS facilities must:

-   cooperate during the cleanup effort

-   conduct a public relations program to ensure community awareness

-   comply with interagency agreements and State requirements

-   comply with HAZWOPER

-   maintain security

For present activities, NWS facilities must report all releases into the
environment of an EPA-defined hazardous substance equal to the
reportable quantity established under 40 CFR 302.4.

Section 15 describes the NWS compliance effort under CERCLA.

**UNDERGROUND STORAGE TANKS, RCRA SUBTITLE I**

In 1984, Congress enacted the ***Hazardous and Solid Waste Amendments***
(HSWA), adding Subtitle I to the Resource Conservation and Recovery Act
(RCRA). Subtitle I was enacted to address the 500,000 underground
storage tanks (USTs) in the country then estimated to be leaking. The
statute requires EPA to establish standards for tanks installed both
prior to and after passage of the new requirements. Such standards cover
UST design, operation, cleanup, administration, and closure. The statute
can be found in 42 U.S.C. \'699 et seq. Federal UST regulations are in
40 CFR 280. The authority to administer the UST program has been
delegated to the states. Many have issued their own UST standards which
in some cases exceed the federal minimum and contain more stringent
requirements and penalties.

**IMPACTS ON THE NWS**

As a result of the NWS modernization program, all USTs operated by the
NWS should have been removed under the provisions of HSWA and thus no
NWS facility is subject to Subtitle I unless it:

-   Still operates or maintains an UST containing petroleum (including
    diesel fuel, gasoline, and used oils, but not heating oil or
    propane) or a hazardous substance;

-   Maintains an UST that was in place on May 8, 1986 and contained
    regulated substances any time since January 1, 1974 (notification
    required);

-   Receives state or EPA direction to close and perform an assessment
    of the area near an UST that was closed prior to the effective date
    December 22, 1988;

-   Maintains an above ground storage tank (AST) with 10 percent or more
    of the tank volume underground (including the pipe distribution
    network); or

-   Acquires real estate that contains an UST installed and operated by
    the previous owner.

**RESPONSIBILITIES UNDER HSWA**

Under HSWA, NWS facilities must ensure all existing underground storage
tanks are registered with the State, upgraded to meet the new standards
and have a functioning release detection system. If these tanks ever
leak, the spill must be proerly addressed and appropriate corrective
action performed.

Should an underground tank no longer be needed, it must be properly
closed in accordance with State and/or Federal requirements.

The NWS facility must also maintain all records required under these
regulations.

Section 1 includes a description of the NWS compliance effort with
regard to HSWA.

**EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT**

The ***Emergency Planning and Community Right-To-Know Act*** (EPCRA),
Title III of the ***Superfund Amendments and Reauthorization Act***
(SARA), was enacted in 1986. The statute contains four major components:
Emergency Planning \'301-303, Emergency Release Notification \'304,
Community Right-To-Know \'\'311-312, and Toxic Release Inventory \'313.
EPCRA requires facilities to submit information to state and local
communities to enable the development of local chemical emergency
preparedness programs. The original statute exempted federal facilities
from complying with Title III since they did not fall under the
definition of a \"person.\" However, Executive Order 12856, Federal
Compliance with Right-to-Know Laws and Pollution Prevention
requirements, issued on August 6, 1993, requires Federal facilities
meeting the EPRA definition of \"facility\" to comply with all
provisions of EPCRA. For more information, the statute is located in 42
U.S.C. \'11001 et seq. and the regulations are in 40 CFR 355 through
374.

**IMPACTS ON THE NWS**

The NWS is responsible for ensuring that management activities under
EPCRA and state delegated programs are successfully completed. These
responsibilities range from assisting the Local Emergency Planning
Committee (LEPC), designating emergency response coordinators and
notifying authorities of releases to submitting Material Safety Data
Sheets (MSDSs) and Tier I/Tier II forms. Specific management activities
are required by EPCRA if a NWS facility:

-   Has an emergency power backup system containing lead-acid or
    gel-cell batteries with about 90-gallons of electrolyte,

-   Has a fuel storage tank containing at least 1,370-gallons (or 10,000
    pounds) of diesel fuel, heating oil or gasoline,

-   Has a fuel storage tank containing at least 2,532-gallons (or 10,000
    pounds) of propane, and/or

-   Stores 100-pounds of chlorine.

**RESPONSIBILITIES UNDER EPCRA**

If a NWS facility stores an OSHA hazardous chemical or an EPA-identified
extremely hazardous chemical in a quantity that exceeds the threshold
planning quantity, the facility must:

-   notify the State Emergency Response Commission (SERC),

-   designate a representative to the Local Emergency Planning Committee
    (LEPC),

-   notify the SERC and LEPC of all releases of a hazardous chemical or
    extremely hazardous substance that exceeds the reportable quantity,

-   file the annual Tier II reports,

-   submit MSDSs to the Fire Department.

These requirements are discussed in Section 4 of this manual.

**POLLUTION PREVENTION ACT**

The Pollution Prevention Act of 1990 (PPA) created a national
hierarchial policy for the management of wastes. Simply stated, for each
waste, the law requires all generators of the waste to consider:

-   waste prevention or reduction methods first, then,

-   recycling in an environmentally sound manner, and finally, if no
    other option can be applied,

-   disposal.

The law created the Office of Pollution Prevention within the
Environmental Protection Agency to develop and implement a national
source reduction strategy.

The law is the base for Executive Order 12856 which directs all Federal
Agencies to develop pollution prevention strategies and incorporate them
into facility management. A series of other Executive Orders (see E.O.
12843, 12844, 12845, 12873 and 12902) encourage the Federal government
to take the lead in pollution prevention and environmental stewardship.

**IMPACTS ON THE NWS**

The NWS utilizes materials, energy and natural resources as well as
generates waste.

The PPA and the Executive Orders it spawned requires NWS personnel to:

-   revise product specifications and procurement procedures to foster
    use of more environmental-friendly products,

-   set specific goals for waste prevention,

-   set specific goals for recycling efforts,

-   create steering committees to direct these efforts, and,

-   purchase printing paper with a 30% recycled content.

**RESPONSIBILITIES UNDER PPA**

To comply with the requirements of the PPA, NWS facilities must review
their procurement procedures.

If possible, the facility should establish an authorized use list,
comply with the Comprehensive Procurement Guidelines and restrict the
use of credit cards to ensure the goals of the law are met.

Sections 6 and 9 describe the NWS compliance efforts under PPA.

**Other Laws**

There are two additional laws that have important impacts in most NWS
environmental programs, the Hazardous Materials Transportation Act and
the Occupational Safety and Health Act.

**HAZARDOUS MATERIALS TRANSPORTATION ACT**

The Hazardous Materials Transportation Act (HMTA) was passed in 1974.
Because the EPA requires the DOT rules be followed when transporting
hazardous materials and waste, the Hazardous Materials Transportation
Act has become an integral part of all environmental programs. The
purpose of the law is to protect the nation against risks to life and
property which are inherent in the transportation of hazardous materials
in commerce. The Department of Transportation (DOT) was given the
responsibility for issuing the HMTA regulations (49 CFR 171-177). These
regulations govern the packaging, marking, labeling and acceptable
condition of hazardous materials offered for intrastate or interstate
transportation. The law covers the transportation procedures and
specifications for motor vehicle, aircraft, railcar and vessels carrying
hazardous materials.

The **1990 Hazardous Materials Transportation Uniform Safety Act**
amended the HMTA by addressing the following specific areas:

\- Highway Routing - each state and Indian tribe may establish and
enforce specific highway routes for hazardous materials according to the
limitations and requirements established under this law.

\- Shipping Papers - the person offering a hazardous material for
transportation must provide a shipping paper with information for
emergency incidents.

\- Training Requirements - training is required for AHAZMAT employees@,
that is, individuals who affect transportation of hazardous materials
including employees who handle, prepare or package hazardous materials
or operate a vehicle to transport hazardous materials. These
requirements are in addition to the HAZWOPER training requirements under
OSHA and EPA.

\- Civil and criminal penalties were revised to broaden the scope and
assessment of fines for violations.

**IMPACTS ON THE NWS**

Unfortunately, the HMTA has spotty application to NWS activities. For
example, transportation of paint thinner from a NWS office to a remote
work site is not regulated by the DOT but transportation of the spent
paint thinner from the NWS office to a hazardous waste disposal site is
regulated. Even if NWS personnel fully understand which activities are
regulated, prudence may require compliance with the DOT rules for all
situations.

**RESPONSIBILITIES UNDER HMTUSA**

The NWS is responsible for ensuring all DOT-regulated hazardous
materials are properly managed. These responsibilities include:

-   Ensuring every package is properly labeled and marked,

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-   Accurately describing the material on shipping papers and manifests,

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-   Ensuring shipping vehicles have the appropriate placards, and

-   Providing DOT hazardous material transport training to appropriate
    personnel.

Section 3 describes the NWS compliance activities under the HMTUSA.

**OCCUPATIONAL SAFETY AND HEALTH ACT**

The Occupational Safety and Health Act (OSHA) was signed by President
Richard Nixon on December 31, 1970. Initially the act was aimed at the
private sector however, a series of Executive Orders significantly
modified its application. Although OSHA is not an Aenvironmental@ law,
it has served as the basis for a series of programs to protect workers
who are exposed to hazardous chemicals as part of their job as well as
those who respond to spills and other emergencies.

Presidential Executive Order 11612 signed on July 26, 1971 stated that
the Federal government, as the nation=s largest employer, has a special
obligation to set an example for safe and healthful employment. As a
result, each Federal department and agency was directed to establish an
occupational safety and health program in compliance with Section 19 of
the act. Section 19 required this program to be Aconsistent with the
standards promulgated under Section 6\".

Executive Order 11807 issued in 1974 more clearly defined the scope,
requirements and responsibilities of the Federal agency programs and
required the Secretary of Labor to issue Aguidelines@.

Executive Order 12196 signed on February 26, 1980 **required each agency
head to comply with all standards** issued under Section 6 of the Act,
except where the Secretary of Labor approves compliance with alternative
standards.

**IMPACTS ON THE NWS**

To meet these Executive Orders, the director of the NWS has endorsed and
implemented a safety and health program which includes:

-   Compliance with applicable standards,

-   At least annual inspections of all work places by qualified OSH
    inspectors,

-   Prompt abatement of identified hazards

-   Procedures for all employees to report suspected hazards to their
    supervisors and/or safety and health officials without fear of
    reprisal.

-   Creation of an active Hazard Communication Standard Program for all
    employees working with hazardous chemicals.

-   Ensuring all affected employees are trained to properly respond in
    an emergency involving a hazardous material.

-   Appropriate OSH training for safety and health officials, all
    supervisory personnel and employees.

-   Procedures for the review, in advance of procurement or
    construction, of facility, system and subsystem design to ensure
    that OSH hazards are eliminated or controlled throughout the life
    cycle.

-   A thorough accident investigation process and comprehensive OSH
    management information system.

**RESPONSIBILITIES UNDER OSHA**

The NWS is responsible for evaluating workplace hazards and mitigating
the risks to its employees. This requires the creation and
implementation of a wide variety of programs which include:

\- illness and injury reporting

\- assessing the need for and providing the necessary personal
protective equipment

\- development of procedures for various types of emergencies

\- ensuring prompt exit from all work areas in an emergency

\- providing a Asafe@ workplace by implementing programs for
lockout/tagout; machine guards, hand and power tool use; welding,
cutting and brazing; and electrical safety.

For employees who work with hazardous substances, the NWS must provide:

\- a worker right-to-know program

\- effective spill response

\- confined space permit program

\- control of specific toxic substances (asbestos, lead, benzene, etc.)

\- safe work practices for handling compressed gases, flammable and
combustible materials and radioactive sources.

Section 17 describes the NWS compliance activities with the Hazard
Communication Standard (HAZCOM) while NWSM 50-1115 describes all other
OSHA compliance efforts.