Here are some of the federal laws you should consider when storing hazardous substances:
—Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), more commonly referred to as Superfund, was designed to help clean up inactive hazardous waste sites. It was modified to also require private industries to disclose to their communities and neighbors what hazardous substances are stored and used.
—Emergency Planning and Community Right-to-Know Act (EPCRA) modified CERCLA and requires facilities to report chemical storage and release information and communities to develop emergency response plans to prepare for and respond to chemical accidents. Regulated facilities must report discharges of oil or releases of hazardous substances to EPA, other federal agencies, and state and local government agencies.
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—Oil Pollution Act of 1990 (OPA) amended the Clean Water Act (CWA) to require facilities to prepare and implement spill prevention plans to prevent oil spills that could reach navigable waters. In addition, OPA requires that certain facilities that store and use oil are required to prepare facility response plans to respond to a worst-case discharge of oil.
—Resource Conservation and Recovery Act (RCRA) hazardous waste storage rules require hazardous waste treatment, storage, and disposal facilities (TSDFs) to be permitted. In addition, RCRA strictly regulates several types of hazardous waste storage units, including containers, tanks, containment buildings, surface impoundments, and waste piles.
—Clean Air Act Amendments (CAAA) Risk Management Plan (RMP) requires facilities that produce, handle, process, distribute, or store certain chemicals to develop, and report to EPA, an accident prevention plan that includes a hazard assessment, a prevention history, and an emergency response program.
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—Toxic Substances Control Act (TSCA) authorizes EPA to secure information on all new and existing chemical substances, as well as to control any hazardous substances determined to cause unreasonable risk to public health or the environment with specific regulation of asbestos, lead, polychlorinated biphenyls (PCBs), and radon.
—The Department of Transportation Act (DOT Act) requires transporters to report releases of hazardous materials that occur during transportation. DOT regulates hazardous materials, both the range of activities involving hazardous materials and the individuals or persons who perform the activities. "Hazardous materials" is the most inclusive, covering thousands of chemicals.
—The Occupational Safety and Health Act (OSH Act) requires employers to furnish to employees a place of employment that is free from hazards that are likely to cause death or serious physical harm under OSHA’s hazardous communication standard.
—The Federal Hazardous Substances Act (FHSA) requires that certain hazardous household products bear cautionary labeling to alert consumers to potential hazards.