Managing Facilities, Due Diligence and Facility Transfers
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SUMMARY OF FEDERAL REGULATIONS
Introduction
Property transfers are potentially affected by a broad range of federal
legislation that deal with toxic and hazardous materials. For example,
due diligence requires knowledge of the Toxic Substances Control Act
(TSCA) and the Clean Air Act (CAA), which has been amended; as well as
the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), the Resource Conservation and Recovery
Act
(RCRA), and the Clean Water Act (CWA).
Certain legislation and regulations impact property transfers by
limiting property uses. Examples include the Rivers and Harbors Act of
1899, the Endangered Species Act (1973), and the Historic Preservation
Act. Violation of these regulations may result in criminal or civil penal-
ties and removal of the offending activity. This chapter provides an
overview of the federal regulations that may impact on a property trans-
action. Table 2 provides a summary of these regulations.
SARA Title III
The Emergency Planning and Community Right-to-Know Act was
enacted as Title III of SARA in October 1986 and is intended to increase
community awareness of the quantity and types of hazardous chemicals
used by, and discharged from, local industries. SARA Title III requires
emergency response plans to be developed for use in the event of
releases of hazardous chemicals.
Under this act, the governor of each state must appoint a State
Emergency Response Commission (SERC) which shall, in turn, appoint,
supervise and coordinate the activities of Local Emergency Planning
Committees (LEPCs). LEPCs are to consist of state and local officials,
representatives of law enforcement, civil defense, fire departments, first
aid and health personnel, and owners and operators of facilities subject to
emergency planning and notification requirements. LEPCs develop plans
for responding to hazardous chemical discharges and information requests
from the public.
Emergency planning and notification requirements apply to facilities
containing one or more extremely hazardous substance (EHS) equal to
or in excess of the threshold planning quantity
(TPQ). EPA has
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