**Unit 2:**

**HAZARDOUS MATERIALS**

**REGULATION**

**In this unit, you will learn about:**

-   The major U.S. laws pertaining to hazardous materials management

-   Responsibilities of the key Federal agencies

-   Title III of the 1986 Superfund Reauthorization Act, known as the
    "Emergency Planning and Community Right-to-Know Act"

-   The roles of Federal, State, and local governments, as well as
    industry

-   How to use legislation to protect yourself from hazardous materials

**HAZARDOUS MATERIALS LEGISLATION**

There are a number of Federal laws that regulate hazardous materials.
The following is a brief overview of the major pieces of legislation
that comprise our country's hazardous materials management policies and
programs.

*There are a number of Federal laws that regulate hazardous materials.*

**Superfund Amendments and Reauthorization Act of 1986 (SARA)**

In 1980, Congress passed the Comprehensive Emergency Response,
Compensation, and Liability Act, known as CERCLA. The bill's purpose was
to fund cleanups and emergency response actions for some of the worst
inactive or abandoned hazardous waste sites scattered across the
country. A billion dollar revolving trust fund---financed primarily by a
tax on certain chemical and petroleum products---was created to pay for
Federal and State response actions when hazardous substances pose an
existing or potential threat to human health or the environment.

In 1986, this bill was revised and expanded in the Superfund Amendments
and Reauthorization Act of 1986 (SARA). The third part of SARA, Title
III, is known as the Emergency Planning and Community Right-to-Know Act
of 1986. This portion of the legislation makes over three hundred
"extremely hazardous substances" subject to routine and detailed
reporting to designated local, State, and Federal government agencies.
It also requires local planning committees to use this information (and
other data on local hazards) to create effective plans for hazardous
materials emergencies.

*The Occupational Safety and Health Administration (OSHA) sets standards
to protect workers from preventable accidents resulting from chemical
use at the workplace.*

**The National Oil and Hazardous Substance Pollution Contingency Plan
(NCP)**

The National Contingency Plan is the basis for Federal action to
minimize pollution damage from discharges of oil or hazardous
substances. In accordance with this law, Federal agencies assist in the
development and evaluation of National, Regional, and local oil and
hazardous substance pollution contingency plans. This coordinated
planning enables communities to prevent or lessen the harm that could
accompany a hazardous materials release.

Working together as part of the National Response Team---composed of 14
Federal agencies---experts publish guidance on emergency response
planning and stand ready to assist States in the event of a major
chemical emergency. As co-chairs of the National Response Team, EPA and
the U.S. Coast Guard play key roles in environmental protection. The two
agencies share specific responsibility for waterway protection, EPA
having primary responsibility for most ***inland*** waters and the Coast
Guard handling responsibility for ***coastal*** water and some
specifically designated Federal navigable waterways such as Lake
Michigan.

The NCP covers how to identify and investigate hazardous waste sites
that could potentially pose such a serious threat to public health that
the situation would be considered an emergency. It also specifies how to
analyze costs and evaluate the best cleanup options, and details roles
and responsibilities for Federal, State, and local governments in
carrying out these requirements.

**The Resource Conservation and Recovery Act of 1976 (RCRA)**

This law, administered by EPA, establishes a Federal program to provide
comprehensive regulation of hazardous waste, which includes certain
materials held to pose a potential threat to public health and safety
when they are discarded. RCRA regulations provide and maintain a
hazardous waste management system that covers the generation,
transportation, use, and disposal of such waste (sometimes summarized as
regulation from "cradle to grave"). Major control mechanisms include a
manifest system to track hazardous waste shipments and a permit system
requiring waste site owners and operators to comply with specified
safety standards. While RCRA primarily regulates safety precautions at
hazardous waste facilities in operation today, it also has strong
provisions potentially relevant to cleanup if any part of a facility was
in operation during the 1980s.

**The Hazardous Materials Transportation Act (HMTA)**

The Department of Transportation (DOT) has the authority to regulate the
handling and interstate transportation of hazardous materials. More
specifically, DOT's Office of Hazardous Materials Transportation (OHMT)
issues regulations dealing with the shipping and packaging of hazardous
materials, including how they are classified and labeled (both
Nationally and internationally). While the law enables DOT to regulate
any traffic that "affects" interstate or foreign commerce, the agency
has chosen to regulate only shipments of carriers engaged in interstate
commerce, leaving the States themselves to regulate shipments by
carriers that do not cross State lines.

**The Occupational Safety and Health Act (OSHA)**

Enacted in 1970, the purpose of this law is to assure, so far as
possible, "safe working conditions" to "every working man in the
country." This is accomplished by the issuing of basic safety and health
standards, assigning OSHA employees to inspect workplaces, and forcing
industry to reduce or eliminate job hazards by imposing fines for
identified violations.

The Occupational Safety and Health Administration (OSHA) sets standards
for worker exposure to hazardous substances and requires that such
substances bear warning labels. It also mandates that employees be given
training and other information on dangers posed by chemicals, and be
given instruction as to how to use these chemicals safely. OSHA has the
authority to inspect a workplace to determine whether it is in
compliance with these regulations. In current practice, only a worker
complaint or high worker injury rates as shown in company records will
trigger an actual inspection.

Under SARA, the Secretary of Labor was directed to issue a final
standard to protect the health and safety of employees engaged in
hazardous waste operations. In 1989, OSHA issued this rule on Hazardous
Waste Operations and Emergency Response, which represents the first
comprehensive approach to protecting public and private sector employees
involved in the dangerous business of handling hazardous waste
materials. Many of the workers affected by this rule are employees of
State and local governments. Twenty-five States and Territories have
their own job safety and health programs. Their standards are required
to be at least as stringent as the Federal regulation.

**The Toxic Substances Control Act (TSCA)**

This legislation was passed in 1976 to reduce the threat from new
chemicals that "present or will present an unreasonable risk of injury
to health or the environment." As a result, chemical producers are
required to research the effects of new chemicals and notify EPA before
they are manufactured. EPA has the authority to ban or restrict chemical
uses if there is sufficient evidence that the substance poses an
"unreasonable risk."

**Pesticides Legislation**

Both the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and
the Federal Food, Drug and Cosmetic Act (FFDCA) regulate pesticides.
Originally requiring mere registration of pesticides, FIFRA was amended
in 1972 to require testing for short-term and long-term toxic effects
prior to registration. For pesticides used on food crops, EPA
establishes an upper limit on the amount of residue that can remain on
food based on human tolerance levels. The FFDCA requires the Food and
Drug Administration (FDA) to enforce these residue limits by monitoring
and seizing foods whose residues are in excess of these standards.

*The Federal Emergency Management Agency (FEMA) carries the primary
responsibility for planning, preparedness, and related training for
hazardous materials emergency management.*

**The Clean Air Act (CAA)**

This act, passed in 1970, is the basic Federal law for controlling toxic
air pollution. It requires EPA to keep an up-to-date list of industrial
pollutants that are hazardous to human health, and set an emission
standard for each "with an ample margin of safety." Under the law, EPA
prepares minimum pollution standards, and States prepare implementation
plans showing how these standards will be attained. States issue permits
for the release of listed pollutants into the atmosphere, and take
samples to evaluate the State's air quality. Of the 320 toxic air
pollutants named in the act, EPA has to date completed regulations
governing only 7, in large part because industry protests have resulted
in legal precedents requiring costly and lengthy scientific studies to
show that a pollutant has harmful effects at a certain level.

**The Clean Water Act (CWA)**

Originally enacted in 1972, this act envisioned swimmable waters by 1983
and pollution discharges halted by 1985. Obviously, these goals were not
accomplished. The law continues to promote clean water by supporting
construction of sewage treatment facilities (which are currently bearing
a heavy burden in processing pollutants); supporting the preparation of
water quality plans encompassing the entire Nation; and setting up a
permit system restricting the amount and type of pollutants that can be
discharged into the Nation's waterways. Modest fines may be imposed for
illegal spills. The law is primarily designed to address point sources
of pollution, paying far less attention to non-point sources such as
agricultural runoff (currently estimated to be responsible for 65% of
stream pollution).

**The Safe Drinking Water Act**

This act is specifically designed to protect public water supplies from
contamination by mandating water testing, denying Federal funds to
projects that threaten critical water supplies, and requiring States to
submit plans to protect public wells from contamination.

The law also has a "Right to Know" provision in which the public must be
informed if certain contaminants are present in drinking water above
specified levels.

**RESPONSIBILITIES OF KEY FEDERAL AGENCIES**

**The Federal Emergency Management Agency**

The Federal Emergency Management Agency (FEMA) is responsible for
coordinating all civil emergency planning, management, mitigation, and
assistance functions of the Federal Government. Under SARA's Title III,
FEMA is the primary Federal agency responsible for planning and related
training for hazardous materials emergency management. This authority
encompasses accidents at manufacturing, processing, storage, and
disposal facilities, as well as hazardous materials in transit by
highways, on water, by rail, and by air.

FEMA provides resource information, technical and financial assistance
to States for developing emergency plans for hazardous materials
accidents and other types of emergencies, and assists State and local
governments in hazardous materials training. FEMA also assists States
and communities by interpreting Federal planning guidance, providing
advice on plan preparation, and reviewing completed plans. FEMA Regional
staff are available to provide this support. When emergency exercises
are conducted, FEMA Regional officials provide support by reviewing the
plans, observing exercises to test the plans, and providing technical
evaluation of how well the plans worked.

Finally, FEMA is available to provide additional financial relief in the
event of an incident so serious that both local and State funds prove
inadequate.

**The Environmental Protection Agency**

The primary mission of the Environmental Protection Agency (EPA) is to
protect and enhance our environment. EPA is the lead agency responsible
for carrying out Title III reporting requirements. Under Superfund and
other related laws, it is the agency primarily responsible for hazardous
waste site operations and Superfund site cleanup activities. EPA also
conducts technical and environmental training programs related to
hazardous materials, and chairs the 14-agency National Response Team
(NRT). At the request of community officials, EPA can provide technical
expertise on the full range of environmental contamination issues.

*The Environmental Protection Agency (EPA) is responsible for monitoring
hazardous waste site operations and cleanup activities, and has the lead
responsibility for many Title III activities.*

**The Department of Transportation**

The Department of Transportation (DOT) establishes the Nation's overall
transportation policy. It bears the primary responsibility for issuing
standards and regulations relating to the transportation of hazardous
materials from State to State nationwide. (Hazardous materials which are
transported only ***within*** a State's borders are regulated by State
law.) DOT is heavily involved in identifying safer modes of hazardous
materials transport, and has significant regulatory, research and
development, and training functions in this area. DOT trains and
inspects carriers and shippers of hazardous materials to ensure that
they are in full compliance with regulatory guidelines.

**The Department of Energy**

The Department of Energy (DOE) provides the framework for a
comprehensive and balanced National energy plan through the coordination
and administration of the energy functions of the Federal government.
Its primary responsibilities in the hazardous materials arena involve
radioactive waste generated by the nuclear weapons program or by nuclear
reactors which supply energy. DOE provides assistance in the removal and
disposal of radioactive contamination, as well as in identifying the
source and extent of radioactive releases. In addition, DOE conducts
hazardous materials training Workshops throughout the country.

**The Department of Defense**

*The Department of Defense (DOD) manufactures, tests, and discards the
full range of hazardous materials. Military installations are also a
potential source of expertise on hazardous materials for local
governments.*

The Department of Defense (DOD) is responsible for maintaining manpower,
equipment, and other resources for potential use in military conflict.
DOD manufactures, stores, and discards the full range of hazardous
materials, and is also one of the Nation's largest shippers of such
materials. The Agency also conducts hazardous materials courses at five
military installations, primarily for military personnel responsible for
the handling and control of such substances. DOD laboratories and bases
can be a source of expertise, equipment, and supplies for use in local
chemical emergencies.

**The Department of Labor**

The purpose of the Department of Labor is to foster, promote, and
develop the welfare of the wage earners of the United States, to improve
their working conditions, and to advance their opportunities for
profitable employment in carrying out this mission.

The Department's Occupational Safety and Health Administration (OSHA) is
responsible for establishing rules and standards to ensure that
occupational environments are safe for workers. As part of this
function, OSHA regulates employee safety and health at hazardous waste
operations, in work environments where hazardous materials are present
(primarily chemical industries), or during emergency response to
incidents involving hazardous materials.

**THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (TITLE III)**

**What is Title III?**

On October 17, 1986, the Superfund Amendments and Reauthorization Act of
1986, also known as SARA, was signed into law. The third part of SARA is
Title III: the Emergency Planning and Community Right-to-Know Act. Prior
to this law, citizens had little or no legal backing in their attempts
to obtain information about toxic releases from facilities in their own
communities. As the public and its Congressional representatives became
more aware of the increasing use of hazardous materials and the
corresponding increase in the number of accidents, pressure grew for
better information at the local level.

The single incident that is credited with raising the level of concern
to the point that such a law could be passed occurred in Bhopal, India,
where a release of methyl isocyanate killed at least 1,700 people and
injured thousands more. To help reduce the likelihood that such a
tragedy would occur in the United States, and simultaneously increase a
local government's ability to anticipate and plan for such a major
emergency if one were to occur, Title III seeks to provide reliable
information to those who would be most affected by an accidental release
of this kind: the communities located in the immediate area of
industrial plants.

*The Department of Transportation (DOT) regulates interstate hazardous
materials transport, training carriers and shipper to comply with the
law.*

As used in SARA, the term "hazardous materials" refers to substances
transported, used, and stored at petroleum refineries and natural gas
facilities; hazardous chemicals such as PCBs and trichloroethylene (dry
cleaning chemicals); acutely toxic chemicals; and fumes and dust from
metals such as arsenic, lead, and cadmium. For the first time, the law
even requires the agricultural industry to report production, use,
storage, or release of certain chemicals. EPA maintains an updated list
that includes over 300 extremely hazardous substances (EHS), selected on
the basis of their ability to pose an ***immediate*** threat to life and
health. These EHS chemicals have been involved in some of the most
serious accidents that have occurred in the U.S. to date.

Title III establishes requirements for Federal, State, and local
governments and industry regarding local emergency planning and
reporting on hazardous materials. It also provides a comprehensive
framework within which Federal, State, and local governments can work
together with industry to reduce risks.

Title III has four major sections:

-   Emergency planning

-   Emergency notification

-   Community right-to-know reporting requirements

-   Toxic chemicals release and emissions reporting

The four sections of Title III will be discussed in turn.

1.  **Emergency Planning**

> Title III requires that the governor of each State designate a State
> Emergency Response Commission (SERC). This commission generally
> includes representatives of public agencies and departments with
> expertise in environmental issues, natural resources, emergency
> services, public health, occupational safety, and transportation.
> Various public and private sector groups and associations with an
> interest in Title III issues may also be included in the State
> commission.
>
> The SERC designates local emergency planning districts and appoints
> Local Emergency Planning Committees (LEPCs) within each of these
> districts. The SERC is responsible for supervising and coordinating
> the activities of the Local Emergency Planning Committees, for
> establishing procedures for receiving and processing public requests
> for information collected under other sections of Title III, and for
> reviewing plans generated by the LEPCs.
>
> *The Occupational Safety and Health Administration (OSHA) establishes
> rules and standards designed to ensure safe working environments for
> the Nation's employees.*
>
> Each Local Emergency Planning Committee is expected to include elected
> State and local officials; police, fire, civil defense, public health,
> environmental, hospital, and transportation officials; representatives
> of facilities subject to the emergency planning requirements;
> community groups; and the media. Public notice is given of meetings
> and activities, and procedures are established for handling public
> requests for information. Citizens who want to help their community
> prevent and plan for hazardous materials emergencies should contact
> the LEPC.
>
> The LEPC's primary responsibility is to develop a local emergency
> response plan. The target date for completion of the emergency
> response plan was October 17, 1988; however, many LEPCs have not yet
> completed final plans at the time of this writing. In developing their
> plans, local committees analyze local risks and evaluate resources
> available to their area that could help them to prepare for and
> respond to a hazardous materials accident. A progressive LEPC may also
> consider strategies for ***preventing*** or ***mitigating*** chemical
> emergencies---that is, identifying ways to keep emergencies from
> happening, or of making their consequences less severe.
>
> Examples of this include the installation of sprinklers in a chemical
> plant, or the routing of certain hazardous materials, carriers away
> from residential areas.
>
> The contingency plan generated by the LEPC must include a list of
> hazardous materials facilities and the routes they use to transport
> listed materials, emergency response procedures, and evacuation plans.
> It is reviewed by the SERC and updated annually by the LEPC. Emergency
> plans must focus on the list of extremely hazardous substances
> published by the EPA (but are not limited to this list). Any facility
> that uses these substances in excess of specified "threshold"
> quantities is subject to emergency planning requirements.

2.  **Emergency Notification**

> This section of Title III requires an industry to notify the Local
> Emergency Planning Committee, the State, and the National Response
> Center if there is a release of a listed hazardous substance that
> exceeds a certain quantity, as specified in the November 17, 1986
> issue of the *Federal Register*.
>
> *Title III of the Superfund Amendments and Reauthorization Act of 1986
> (SARA) provides a framework for Federal, State, and local governments
> to work with industry to reduce hazardous materials risks and develop
> comprehensive emergency response plans.*
>
> The emergency notification must include the name of the chemical
> released, the quantity involved, how and into what it was released,
> and the health risks from exposure. This section of Title III also
> requires industry to submit reports to the State and LEPC after the
> event that explain what actions were taken to control the release, and
> provide more data on health risks and any medical attention required
> for victims.
>
> This part of the law will allow communities to learn if significant
> releases from hazardous materials facilities are occurring or are
> likely to occur, and whether state-of-the-art technology is being used
> by the plants to protect nearby communities from unnecessary adverse
> health effects.

3.  **Community Right-to-Know Reporting Requirements**

> This is a particularly important part of Title III, because it grants
> citizens the ***right*** to obtain information on hazardous materials
> in their community. Environmental, health, and labor groups have
> worked hard for passage of this law.
>
> This section of Title III requires facilities to submit ***either*** a
> form called a Material Safety Data Sheet (MSDS) ***or*** lists of
> certain hazardous chemicals on sites in amounts over threshold
> quantities to the LEPC, the SERC, and the local fire department. MSDS
> formats vary considerably among providers, but all include vital
> information about the properties and effects of the hazardous material
> involved. Industry facilities must also submit inventories of the
> amounts and locations of these chemicals in their plants. OSHA and EPA
> rules specify which chemicals must be reported and at what quantity.

4.  **Toxic Chemical Release and Emissions Inventory Reporting**

> This section of Title III requires hazardous materials facilities to
> inform the public about routine, day-to-day releases of chemicals. The
> intent is to provide information on the extent of the cumulative toxic
> chemical burden on the environment.
>
> Over 300 chemicals listed by EPA must be reported if they are emitted
> regularly. Facilities must submit toxic chemical release forms for
> these chemicals. This requirement applies to facilities that have 10
> or more full-time employees and that are in certain types of specified
> industries. Facilities that use less than 10,000 pounds of a listed
> chemical each year are currently exempted.
>
> *As a citizen, you should have a basic awareness of the procedures
> spelled out in your local plan for protecting public safety in the
> event of a hazardous materials incident. How would you be told that an
> incident had occurred, for example? Are you near an area where an
> incident is considered more probable than at other locations?*

**How to Use Title III Legislation to Protect Yourself from Hazardous
Materials**

The Emergency Planning and Community Right-to-Know Act (Title III of
SARA) was written with concern for the individual citizen. It is based
on the principle that the more you and your neighbors know about
hazardous materials in your community, the more effective your community
can be in improving public safety. The law requires industry to make
information available on potential chemical hazards. There are several
ways you can become involved in obtaining and using this information to
protect yourself from hazardous materials.

-   Make sure that your Local Emergency Planning Committee (LEPC) has
    been formed, and attend its meetings. Make sure it addresses
    ***your*** concerns by volunteering to serve on it as a citizen
    representative. Information on your LEPC may be obtained by calling
    your SERC, county health department, fire department, or emergency
    management agency.

-   Review and comment on the emergency response plan, and ask questions
    about how the emergency procedures affect you, your family, and your
    place of business.

-   Ask for information from your LEPC or SERC about hazardous materials
    in your community. Ask your LEPC what local facilities are doing to
    reduce the dangers from these materials.

-   Use the National Toxic Release Inventory database to obtain
    information on routine releases of toxic chemicals in your
    community. If your LEPC does not have this information, you or your
    LEPC can get it from a library, the SERC, or the EPA Reporting
    Center in Washington, D.C. If you have a home computer and a modem,
    you can access the National database on the National Library of
    Medicine's computer system for a nominal fee. (For additional
    information on accessible computer databases, see "Computer Networks
    Open to the Public" in the Resources section later in this course.)

-   Call or visit facilities in your area and ask their safety officers
    if they have complied with the reporting requirements.

**REDUCING RISKS FROM HAZARDOUS MATERIALS RELEASES**

**Federal Role**

The Federal role in reducing public risk from exposure to hazardous
materials includes technical guidance, legislated standards and
procedures, and providing States access to data about chemical releases
and training. The Federal Emergency Management Agency (FEMA) has the
lead role for coordinating civil emergency response planning and
disaster response. FEMA's hazardous materials program is largely one of
providing guidance, technical assistance, information, and training. For
Title III reporting and enforcement activities, EPA is the key Federal
agency: it maintains the National toxic chemical inventory, publishes
regulations concerning hazardous materials, reports on the status of
various emergency systems, conducts training, and assists citizens with
hazardous materials site identification and investigation.

**State Role**

Under Title III, each State governor must appoint a State Emergency
Response Commission (SERC). These commissions provide leadership to
ensure that an emergency planning and implementation structure is
developed at the local level, and review plans developed by communities.
In addition, the SERCs provide training and technical assistance to
local communities. In the case of an emergency which is too expensive
for a local community to handle, the State may contribute resources. In
general, the burden of funding for training and information management
for Title III record keeping falls at the State and local level.

States may, of course, elect to exceed Federal requirements for
hazardous materials management. For example, over 30 States have enacted
Right-to-Know laws similar to the Federal one, some of which cover more
chemicals and more potentially hazardous situations.

Federal controls on operating hazardous materials waste treatment,
storage, and disposal facilities contain many exceptions. States have
added specific requirements to address these "loopholes" and increase
their protection from particular hazards. For example, California
prohibits discharge from an underground injection well if it is within
one-half mile of a drinking water supply. States have broad authority to
control how hazardous materials are stored, used, transported, and
disposed of within their borders. For instance, States establish zoning
control policies that determine where chemical plants may be located,
and control sitting for hazardous waste facilities and landfills.
Pennsylvania and Connecticut currently have laws that deny permits to
companies found in violation of environmental protection laws.
Regulating transportation of hazardous materials within State borders is
also a State responsibility.

*Many communities regulate hazardous materials traffic to try to reduce
injuries and property loss that could result from an accident.*

**Local Role**

Local communities play a key role in the system set up by Congress under
Title III to inform and protect citizens from hazardous materials. Local
communities, represented by Local Emergency Planning Committees (LEPCs),
are responsible for developing an emergency plan for disasters involving
hazardous substances. This includes identifying the resources that would
be available in an emergency (such as trained personnel and specialized
equipment) and ensuring planning coordination among responding groups.
The LEPC also collects and stores information from hazardous materials
facilities, and makes that information available to the public.

Local officials have the lead role in responding to hazardous materials
emergencies; usually, management of incidents is the specific
responsibility of the local fire department. Communities also regulate
the disposal of hazardous waste, and inspect hazardous materials storage
areas for violations of local codes. Many communities regulate hazardous
'materials traffic through specific zoning requirements.

**The Role of Industry**

Under Title III, facilities that use hazardous materials are responsible
for complying with packaging, labeling, storage, transportation, and
workplace safety regulations. Additionally, industry is required to
furnish information about the quantities and health effects of materials
used at the plant, and promptly notify local and State officials
whenever a significant release of hazardous materials occurs. Small
businesses and farmers are also included under the Title III umbrella if
they use "extremely hazardous substances" in reportable quantities, as
set in EPA rulemaking for the EHS list.

The Chemical Manufacturers Association (CMA) has set up a voluntary,
industry-wide ***Community Awareness and Emergency Response program
(CAER).*** This program encourages plant managers to listen to community
concerns, participate in planning, and explain their plant's operations
and policies. By working with the community to ensure safe handling,
storage, transportation, and disposal of dangerous chemicals, industry
can protect itself as well as the public-from the high costs of chemical
accidents.

**WHEN THE LAWS ARE NOT OBEYED**

If you believe a problem exists in your community that should be
addressed by an existing law, begin with research on the law and its
specific provisions, working through the responsible government agency.
(For fixed sites, your first stop is always your LEPC.) Many Federal and
State agencies maintain hotlines for citizen inquiries and reports of
violations. Title III has specific provisions that enable citizens to
bring legal actions against facilities or industries that do not comply
with its provisions. Find out as much as you can about the problem and
report it to the responsible agency, citing the specific provisions of
the law you believe are violated and stating whatever evidence you have.
If possible, work with a public interest group that has experience in
tackling pollution problems.

Litigation is a slow and costly process, and should be used only after
discussions with the source of pollution and the enforcing agency have
proven fruitless. However, lawsuits can force a government agency to act
if it is shown to be:

-   Violating normal agency procedures

-   Violating a substantive statute or regulation

-   Abusing its discretionary authority (that is, making a decision
    based on inadequate information or inappropriate standards)

-   Violating legally required decision-making procedures

-   Violating environmental impact review requirements

What about legal action to force polluters to pay cleanup costs?
Traditionally, monetary awards for damages are not by any means
sufficient to pay cleanup costs. Approaches differ in "balancing
equities," the relative interests of the complainant and polluter. It is
extremely important to know the specific provisions of environmental law
for your particular State.

Under both Federal and State environmental laws, you have the right to
file a suit for an injunction (halt) to pollution if you can show that
the defendant is in violation of the State law, or (in some States) if
it is creating an imminent danger. However, it is only in extreme cases,
when the potential damage is clear and irreparable, that a judge is
likely to take short-term action before the full-scale legal process has
come to its conclusion.

**SUMMARY**

The Nation's regulation of hazardous materials is accomplished through
several key pieces of legislation, each of which addresses a specific
aspect of the problem. This legislation charges numerous Federal
agencies with responsibilities to protect our environment and the public
health, each agency bringing its expertise in a specific area to bear on
particular areas of concern. These laws and agencies support State and
local governments in addressing their hazardous materials problems, but
leave a great deal of responsibility to lower levels of government. By
becoming familiar with key Federal legislation as well as the specific
provisions of your State and local legislation, you can recognize
possible violations of the law and join others in working for full
enforcement of its provisions. 

**HAZ MAT TEASER**

(answers on pages A-1 and A-2)

Early in spring, people living around a meat packing plant begin to
notice a faint odor of ammonia coming from the facility when the wind is
out of the west. Other things begin to raise the level of concern in the
community over the next few weeks: a large number of dead and dying fish
are observed in the river that runs next to the packing plant, and the
school down the block is experiencing a higher than normal absentee rate
caused by children coming down with chest colds and respiratory tract
infections.

Several people who live in the neighborhood also work at the plant. They
have reported to company management that the strong odor of ammonia has
given them severe headaches and caused breathing difficulties. Plant
managers have told them that there is no cause for alarm and the odor of
ammonia is "normal."

That evening, several neighborhood leaders get together and compare
notes on the problems at the plant. Concerns are expressed about the
now-frequent odor of ammonia, and the effects it may be having on the
local community.

The neighborhood leaders decide to hold a community meeting to share
perspectives on the situation and determine what additional steps should
be taken. If you were among this group of neighborhood leaders:

1.  Who do you think should be invited to this initial meeting?

2.  What information could you gather before the meeting that may be
    helpful?

3.  What law(s) could the plant potentially be violating?

Over 90 people representing a variety of interests attend the meeting to
discuss the situation. Conspicuously missing are company representatives
of the meat packing plant. At this session, people begin to compare
notes and stories and learn that the problem and the complaints come
from a far larger area than was previously believed.

4.  Assuming those you invited attended, what are some of the immediate
    follow-up actions that can be taken by members of the group to
    resolve the situation?

**CHECK YOUR MEMORY**

(answers on page A-4)

1.  This Federal act addresses the problem of inactive hazardous waste
    sites:

    a.  Superfund

    b.  The Resource Conservation and Recovery Act

    c.  The Occupational Safety and Health Act

    d.  The Clean Water Act

2.  This act requires chemical companies to research the effects of new
    chemicals and notify the EPA before they are manufactured:

    a.  The Clean Water Act

    b.  The Hazardous Materials Transportation Act

    c.  The Toxic Substances Control Act

    d.  Superfund

3.  Under Title III, the primary responsibility for developing a local
    plan for handling accidental releases of acutely toxic substances is
    the responsibility of:

    a.  The State Emergency Response Commission

    b.  The National Response Team

    c.  The Local Emergency Planning Committee

    d.  The Environmental Protection Agency.

4.  Title III requires industries that store or use certain quantities
    of acutely hazardous substances to report them under what
    conditions?

    a.  Only routine (day-to-day) releases

    b.  Only accidental releases of a certain quantity

    c.  Both routine and accidental releases of a certain quantity

    d.  Every release in any quantity

5.  The local role in reducing public risks from hazardous materials
    includes:

    a.  Developing an emergency plan for hazardous materials incidents

    b.  Regulating hazardous materials transportation through local
        ordinances

    c.  Regulating safe disposal of hazardous waste

    d.  All of these

6.  If you believe a local manufacturer is not in compliance with Title
    III, you should:

    a.  Report the situation to the LEPC

    b.  Sue the manufacturer

    c.  Calla reporter

    d.  Threaten the manufacturer

7.  The Federal agency responsible for regulating hazardous materials
    traffic between States is:

    a.  The Environmental Protection Agency

    b.  The Department of Labor

    c.  The Department of Transportation

    d.  The Federal Emergency Management Agency