Federal Statutes

DOE-STD-6003-96

The Safe Drinking Water Act, as amended [42 USC 300(fj) et seq.; 40 CFR 140149],

establishes uniform Federal standards for drinking water quality. The EPA has the authority to

delegate enforcement of these standards to the states. This act sets two types of standards for

drinking water, primary and secondary. Primary standards are mandatory and apply to sub-

stances that may have adverse affects on health. Secondary standards are advisory and affect

color, smell, taste, or other physical characteristics of drinking water. This act also pertains to

groundwater aquifers, banning underground injection of certain materials in or near groundwater

recharge areas.

The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery

Act (RCRA) (42 USC 6901 et seq., 40 CFR 240282 and 124), established a comprehensive

program for regulating and managing solid waste (Subtitle D), hazardous waste, including

radioactive mixed waste (Subtitle C), and underground storage tanks (Subtitle I), and for pro-

moting the use of recycled and recovered materials (Subtitle F).

The Toxic Substances Control Act (TSCA) (15 USC 2601 et seq.; 40 CFR 700799) pro-

vides the regulatory vehicle for controlling exposure and use of raw industrial chemicals that fall

outside the jurisdiction of other environmental laws. TSCA assures that chemicals are evaluated

before use to ensure they pose no unnecessary risk to health or the environment. Fusion facility

personnel shall review proposed chemical use to assure that appropriate alternatives have been

evaluated. The management of PCBs is also regulated under TSCA. There are specific require-

ments for facilities that maintain transformers and other equipment containing PCB dielectric

fluid.

The Federal Facility Compliance Act waives sovereign immunity for fines and penalties

for RCRA violations at Federal facilities. However, the effective date of the waiver has been

delayed for mixed waste storage prohibition violations, as long as the Federal facility is in com-

pliance with all other applicable requirements of RCRA. During this period, DOE is required to

prepare plans for developing the required treatment capacity for mixed wastes stored or gener-

ated at each facility. Each plan must be approved by the host state or the EPA after consultation

with other affected states, and a consent order must be issued by the regulator requiring com-

pliance with the plan. The Federal Facility Compliance Act further provides that the DOE will not

be subject to fines and penalties for land disposal restriction storage prohibition violations for

mixed waste as long as it is in compliance with such an approved plan and consent order and

meets all other applicable regulations.

The Comprehensive Environmental Response, Compensation, and Liability Act

(CERCLA), as amended (42 USC 9601 ET SEQ.), provides a statutory framework for the

cleanup of waste sites containing hazardous substances and--as amended by the Superfund

Amendments and Reauthorization Act--provides an emergency response program in the event

of a release (or threat of a release) of a hazardous substance to the environment. Using the

Hazard Ranking System, Federal and private sites are ranked and may be included on the

National Priorities List. The Comprehensive Environmental Response, Compensation, and Lia-

bility Act, as amended, requires such Federal facilities having such sites to undertake investiga-

tions and remediation as necessary. The Act also includes requirements for reporting releases

of certain hazardous substances in excess of specified amounts to State and Federal agencies.