Hazardous Substance

What is a Hazardous Substance?

A hazardous substance is any material that poses a threat to public health or the environment. Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a hazardous substance is broadly defined and includes a variety of physical, chemical, and radiological elements that are subject to regulation. CERCLA, commonly known as the Superfund, authorizes the federal government to clean up contaminated sites and ensure responsible parties are held liable.

Examples:

Asbestos: A naturally occurring mineral fiber once used in building materials and other products for its fireproofing properties. Asbestos is now known to cause serious health issues, including lung cancer and mesothelioma.
Lead: Used primarily in paints and coatings, lead can cause severe health problems, particularly in children, such as developmental delays and neurological damage.
Polychlorinated Biphenyls (PCBs): Chemical compounds used in electrical equipment for insulation. PCBs are harmful to human health and the environment, causing cancer and other adverse effects.
Chromium VI (Hexavalent Chromium): Used in various industrial applications such as electroplating, stainless steel production, and pigmentation. Chromium VI is highly toxic and can cause lung cancer, skin ulcerations, and allergic reactions.

Frequently Asked Questions (FAQs)

What substances are excluded from CERCLA’s definition of a hazardous substance?

Petroleum and natural gas are exempt under the petroleum exclusion. This encompasses crude oil, natural gas, and products derived from them, even though they may pose significant risks to human health and the environment.

Who is responsible for cleanup under CERCLA?

CERCLA holds responsible parties liable for contaminating sites. This can include current and former property owners, waste generators, and transporters of hazardous substances.

How is a hazardous substance different from hazardous waste?

Hazardous substances include all materials defined under CERCLA, covering hazardous waste as categorized by the Resource Conservation and Recovery Act (RCRA) but also broader categories like toxic chemicals and pollutants.

How can I find out if a property is contaminated with hazardous substances?

Environmental assessments, such as Phase I and Phase II Environmental Site Assessments (ESAs), can determine the presence of hazardous substances on a property.

CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act): A federal law designed to clean up sites contaminated with hazardous substances and pollutants.
Superfund: The program established to address the cleanup of contaminated sites in the USA, funded through CERCLA.
Resource Conservation and Recovery Act (RCRA): Federal legislation that governs the disposal of solid and hazardous waste to protect human health and the environment.
Brownfield: Abandoned or underused industrial and commercial properties where future development is complicated by the presence of hazardous substances.

Online Resources

Environmental Protection Agency (EPA) CERCLA Overview: https://www.epa.gov/superfund
ATSDR Toxic Substances Portal: https://www.atsdr.cdc.gov/toxprofiles/index.asp
EPA Brownfields and Land Revitalization: https://www.epa.gov/brownfields

References

Environmental Protection Agency (EPA), “CERCLA Overview,” https://www.epa.gov/superfund/what-superfund
Agency for Toxic Substances and Disease Registry (ATSDR), “Toxic Substances,” https://www.atsdr.cdc.gov/substances/index.asp

Suggested Books for Further Studies

“Environmental Law Handbook” by Christopher L. Bell, Daniel M. Steinway, and Sandy L. Feldman
- A comprehensive resource on current environmental law structure and practical strategies.
“The Law of Hazardous Waste: Management, Cleanup, Liability, and Litigation” by Susan M. Cooke
- An in-depth guide to hazardous waste regulations under RCRA and CERCLA.
“Silent Spring” by Rachel Carson
- A groundbreaking book on environmental science, known for its contribution to the development of modern environmental movements.
“Environmental Engineering: Fundamentals, Sustainability, Design” by James R. Mihelcic and Julie B. Zimmerman
- Essential reading for understanding the scientific principles behind environmental protection measures and engineering.

Real Estate Basics: Hazardous Substance Fundamentals Quiz

### What federal law addresses the cleanup of sites contaminated with hazardous substances? - [ ] RCRA - [x] CERCLA - [ ] NEPA - [ ] Clean Water Act > **Explanation:** CERCLA, also known as the Superfund, addresses the cleanup of contaminated sites by holding responsible parties liable and funding environmental restorations. ### What are PCBs commonly used for? - [ ] Food preservatives - [ ] Electrical insulation - [ ] Personal care products - [ ] Textile manufacturing > **Explanation:** Polychlorinated Biphenyls (PCBs) were widely used in the past as electrical insulators due to their chemical stability and non-flammability properties. ### Which of the following substances is specifically excluded from being a hazardous substance under CERCLA? - [x] Petroleum - [ ] Asbestos - [ ] Lead - [ ] Chromium VI > **Explanation:** Petroleum and its derivatives are explicitly excluded under CERCLA's petroleum exclusion. ### Who can be held responsible for site contamination under CERCLA? - [ ] Only current property owners - [x] Current and former property owners, waste generators, and transporters - [ ] Only former property owners - [ ] Local municipalities > **Explanation:** CERCLA holds a broad range of parties liable, including current and former property owners, waste generators, and transporters. ### What is a common health hazard associated with asbestos exposure? - [x] Lung cancer - [ ] Heart disease - [ ] Diabetes - [ ] Kidney failure > **Explanation:** Asbestos exposure is strongly linked to lung cancer as well as mesothelioma, a form of cancer affecting the thin lining of the lungs and abdomen. ### In what type of environmental assessment would a property's past and current usage be evaluated to identify potential contamination? - [ ] Safe Drinking Water Act (SDWA) - [x] Phase I Environmental Site Assessment - [ ] Coastal Zone Management (CZM) - [ ] Toxic Substances Control Act (TSCA) > **Explanation:** A Phase I Environmental Site Assessment evaluates the past and present use of properties to determine potential contamination. ### Which Act governs the disposal of solid and hazardous waste in the U.S.? - [ ] CERCLA - [x] RCRA - [ ] Clean Air Act - [ ] TSCA > **Explanation:** The Resource Conservation and Recovery Act (RCRA) governs the disposal of solid and hazardous waste to protect human health and the environment. ### What term refers to abandoned properties that may be redeveloped due to the presence of hazardous substances? - [ ] Wetlands - [ ] Superfund sites - [x] Brownfields - [ ] Greenfields > **Explanation:** Brownfields refer to underutilized or abandoned properties that face redevelopment challenges due to the presence or potential presence of hazardous substances. ### Which agency primarily manages the CERCLA program? - [ ] OSHA - [ ] DOD - [x] EPA - [ ] FDA > **Explanation:** The Environmental Protection Agency (EPA) is primarily responsible for the management and enforcement of the CERCLA program. ### What distinguishes hazardous substances from hazardous waste? - [x] Hazardous substances are defined more broadly, including hazardous waste, pollutants, and toxins. - [ ] Hazardous waste is more inclusive than hazardous substances. - [ ] Hazardous substances only include physical toxins. - [ ] Hazardous substances do not include chemical contaminants. > **Explanation:** Hazardous substances, as defined under CERCLA, include a wide array of contaminants including hazardous waste, pollutants, and chemical toxins.