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Page Title: Federal Statutes - Continued
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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
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-

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