Resource Conservation and Recovery Act (RCRA) The RCRA gives the U.S. Environmental Protection Agency (EPA) authority to regu- late the generation, transportation, treat- ment, storage and disposal of hazardous waste. Hazardous waste is “waste that poses potential harm to human health and the en- vironment.” Materials at a construction pro-ject that may be classified as hazardous waste include paints, paint thinners, spent cleaners, used oil, waste that contains ignitable and corrosive materials or waste containing certain toxic pollutants. There are different requirements based on whether you generate, store or transport hazardous waste. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Under CERCLA, those responsible for the releases of hazardous waste will be liable for cleanup costs. To be held liable, a contractor or engineer must fit the criteria of being a Potentially Responsible Party (PRP). There are four categories of PRPs: current owner/operator, past owner/ operator, arrangers and transporters. You may be an operator if you spread soil that contains a hazardous substance on the land or you may be a transporter if you move a hazardous substance from one location to another. Emergency Planning and Community Right-to-Know Act (EPCRA) The EPCRA establishes emergency planning and reporting requirements for hazardous chemicals. Each EPCRA hazardous chemical has an associated quantity. If you spill or release more than this quantity at your construction site, you are required to report the spill or release to local authorities. This act also requires that you maintain a material safety data sheet for all materials on your site that contain hazardous chemicals. Toxic Substances Control Act (TSCA) The TSCA has created several regulations regarding lead-based paint , poly- chlorinated biphenyl (PCB) and asbestos. Training and certification is required for all lead-based paint activities in buildings built prior to 1978. TSCA also regulates the storage, labeling and disposal of PCB waste. Moreover, this act includes rules for the use of asbestos in schools, hospitals and public and commercial buildings. Under the asbestos program, specific management plans are required, as well as proper removal and handling practices. Clean Air Act (CAA) The CAA regulates air pollution, including dust emissions and asbestos releases. These regulations are primarily imple- mented by the states. The EPA also sets emissions standards for heavy-duty trucks, such as those used on a construction project. Federal road construction activities are uniquely impacted by CAA regulations because transportation projects cannot be federally funded or approved unless they are consistent with state air quality goals. These types of projects must not cause or contribute to new violations of the air quality standards, worsen existing violations or delay attainment of air quality standards. National Environmental Policy Act (NEPA) The NEPA only applies to construction projects if they are considered a “federal action.” The federal agency associated with the project is responsible for complying with NEPA’s requirements. Prior to and during construction, the federal agency must assess the environmental impact of major federal actions that significantly affect the environment by drafting an Environmental Assessment (EA), or sometimes an Environmental Impact Statement (EIS). Construction contractors are not legally responsible for preparing an EA or EIS, but the project could be delayed or interrupted if an EA or an EIS is not prepared by the agency. Endangered Species Act (ESA) The ESA requires that federally listed species and habitats are not adversely affected by any activity with federal involvement or subject to federal oversight (e.g., projects that require a NPDES permit for construction). Even if your project does not involve the federal government, you should still evaluate if your construction activities will incidentally cause you to “take” a listed species and/or critical habitat. Under the act, “take” means “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct.” An Incidental Take Permit from the U.S. Fish and Wildlife Service or Nat ional Oceanic and Atmospheric Administration (NOAA) – Fisheries is required for such activities. This permit includes conditions to minimize and mitigate the anticipated take. The takeaway: owners, engineers, contractors and subcontractors should be familiar with environmental laws affecting construction and their obligations under these laws. 112 • DEEP FOUNDATIONS • NOV/DEC 2019
