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Environmental and Health
over that type of transport, i.e., Federal Railroad Administration or the
United States Coast Guard. The most recent revisions to the HMTA
came in the 1990s with new hazard materials regulations aimed at
packaging requirements, labeling, marking of shipments, placarding,
manifesting, and training requirements. The regulations are embodied in
Title 49 of the Code of Federal Regulations (CFR).
The Resource Conservation and Recovery Act also addresses
transportation issues but only for hazardous wastes. Transporters of
hazardous waste must register with the EPA and carry hazardous waste
manifests required under RCRA. They must also comply with all DOT
rules concerning labeling, packaging, and placarding. If bulk shipments
are traveling by rail or water, DOT shipping papers rather than EPA
hazardous waste manifests are required.
Cleanup of Hazardous Wastes
Despite strict federal laws which prohibit intentional releases of toxic and
hazardous substances, it is impossible to completely eliminate
accidentally released mishaps. In addition there are an estimated
50,000 sites where toxic and hazardous substances have been disposed
in the past that are now posing significant health and environmental
risks.
It was with these problems in mind that Congress passed the
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) in 1980 (amended by SARA in 1986). Unlike the other
laws, it does not regulate toxic substances. Instead it provides a system
for identifying
and cleaning up chemical and hazardous substances
released into the air, water, groundwater and on land. It defines
"hazardous substance" by incorporating into its language those substances
listed in the Clean Water Act, Resource Conservation and Recovery Act,
Clean Air Act, and the Toxic Substances Control Act. CERCLA
established a
$1.6 billion trust fund, commonly called "Superfund"
($8.5 billion in
1986), to pay for cleaning up environmental
contamination where no responsible party can be found. The need for
such a trust fund clearly became evident at Love Canal when the state of
New York spent in excess of $35 million for remedial measures and the
relocation of 200 families. The trust fund is provided through a tax on
crude oil, petroleum products, and 40 feedstock chemicals.
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