CHAPTER 10 – HAZARDS AND HAZARDOUS MATERIALS - sacog

Regulatory Setting
A number of federal, state, and local laws and regulations have been enacted to regulate the
management of hazardous materials and hazardous wastes, to prevent and minimize damages to
public health and safety and the environment. These include statutes governing hazardous waste,
but also a variety of laws regulating air and water quality, human health, and land use. An
overview of key laws and regulations related to these hazards is provided below.
Federal
The primary federal laws regulating hazardous wastes/materials are the Resource Conservation
and Recovery Act (RCRA) of 1976 (42 U.S.C. § 6901 et seq.) and the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (42 U.S.C. §
103). The purpose of CERCLA is to clean up contaminated sites so that public health and
welfare are not compromised. RCRA provides for “cradle to grave” regulation of hazardous
wastes. Other federal laws include:
Community Environmental Response Facilitation Act (CERFA) of 1992 (42 U.S.C.
§ 9601)
Clean Water Act (CWA) of 1972 (33 U.S.C. § 1251 et seq.)
Clean Air Act (CAA) of 1970 (42 U.S.C. § 7401 et seq.)
Safe Drinking Water Act (SDWA) of 1974 (42 U.S.C. § 300f et seq.)
Occupational Safety and Health Act (OSHA) of 1970 (29 U.S.C. § 15)
Atomic Energy Act of 1954 (42 U.S.C. § 2011 et seq.)
Toxic Substances Control Act (TSCA) of 1976 (15 U.S.C. § 2601 et seq.)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of 1947 (7 U.S.C. §
136 et seq.)
In addition to the acts listed above, Executive Order 12088 (1978), Federal Compliance with
Pollution Control, mandates that necessary actions be taken to prevent and control
environmental pollution when federal activities or federal facilities are involved.
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
provides a federal "Superfund" designation to clean up uncontrolled or abandoned sites
contaminated by releases of hazardous substances, as well as accidents, spills, and other releases
of pollutants and contaminants into the environment. CERCLA, as amended by the Superfund
Amendments and Reauthorization Act (SARA) of 1986 (42 U.S.C. § 9601 et seq.), authorizes
the EPA to order the parties responsible for a release to take action to remediate the
contaminated site or to conduct remediation itself and recover the costs from responsible parties.
Title III of SARA also authorized the Emergency Planning and Community Right-to-Know Act,
which requires facility operators to undertake emergency planning and report on hazardous
chemical inventories and toxic releases, in order to make this information available to local
communities. Suspected hazardous waste sites throughout the United States are listed in the
Comprehensive Environmental Response, Compensation, and Liability Information System
MTP/SCS 2035
Sacramento Area Council of Governments
Draft Environmental Impact Report Chapter 10 – Hazards and Hazardous Materials – Page 10-34