Federal Statutes - Continued

DOE-STD-6003-96

The Emergency Planning and Community Right-To-Know Act of 1986 (42 USC 10227;

40 CFR 350372) was enacted as Title III of the Superfund Amendments and Reauthorization

Act (SARA). This act establishes requirements for emergency planning, spill reporting, haz-

ardous chemical inventory reporting, and toxic chemical release reporting. The act also provides

for the establishment of state and local emergency planning committees to prepare plans to

respond to potential chemical emergencies. A facility emergency coordinator must be desig-

nated, and a list or copies of Material Safety Data Sheets for hazardous substances at the site

must be submitted to the Local Emergency Planning Committee, the State Emergency

Response Commission, and the local fire department.

Reporting Requirements. An annual hazardous chemical inventory report

shall be submitted to the Local Emergency Planning Committee, the State Emer-

gency Response Commission, and local fire department. A Toxic Chemical

Release Form for specified toxic chemicals shall also be submitted annually. In

the event of a hazardous substance release, appropriate notifications of Federal,

state, and local authorities shall be made.

The Hazardous Materials Transportation Act (49 USC 180 et seq.; 49 CFR 171178)

establishes requirements for the transportation of hazardous materials by road, air, and rail.

Packaging, labeling, marking, and shipping requirements are specified for quantities and forms

of substances that are designated as hazardous. Hazardous materials, including radioactive

materials and wastes, must be shipped from the fusion facility site in accordance with the appli-

cable U.S. Department of Transportation packaging, labeling, marking, and placarding

requirements.

Floodplain/Wetlands Executive Orders (EO 11988 & EO 11990; 10 CFR 1022) protect

wetlands and minimize adverse effects of development in floodplains. The proposed site for the

fusion facility must be evaluated to determine if it contains wetlands or floodplains. If floodplains/

wetlands do occur at the proposed site, a notice must be published in the Federal Register and

Federal, state, and local agencies notified of a proposed floodplain/wetlands assessment. This

assessment shall identify alternate measures to minimize harmful impacts to floodplains or wet-

lands due to activities. A statement of finding must be published for public record.

The Farmland Protection Policy Act (7 USC 4201 et seq.; 7 CFR 658) seeks to minimize

the extent to which Federal programs contribute to the unnecessary and irreversible conversion

of farmland to nonagricultural uses and assure that Federal programs are administered in a

manner that will be compatible with state and local government and private programs and

policies to protect farmland. The Soil Conservation Service must be requested to determine

whether the site or any part of the site is farmland by using site assessment criteria and the rela-

tive value of the site. If the evaluation results in a high score for the site, alternatives shall be

considered that could lessen adverse effects on the site as farmland.

The Archaeological Resources Protection Act of 1979 (16 USC 47000 et seq.; 43 CFR 7;

36 CFR 296) requires that a determination be made of the measures that shall be taken if

archaeological resources present on Federal land may be damaged during project-related activi-