• The requirements of the HMTUSA were designed to provide national direction and guidance to enhance hazardous materials emergency preparedness activities at the state and local levels.

Section 117 of the Hazardous Materials Transportation Uniform Safety Act of 1990 (HMTUSA) evolved from the emergency preparedness proposal developed by the Department of Transportation (DOT), Federal Emergency Management Agency (FEMA), the Environmental Protection Agency (EPA), Department of Labor (DOL), and Department of Energy (DOE) and presented to the Congress during the legislative process to reauthorize the Hazardous Materials Transportation Act of 1975.

The requirements of the HMTUSA were designed to allow the federal government or provide national direction and guidance to enhance hazardous materials emergency preparedness activities at the state and local levels. This is accomplished by ensuring comprehensive, integrated, and coordinated planning, training, and technical assistance programs. Section 117, “Public Sector Training and Planning,” was specifically crafted to build upon and enhance the existing framework and working relationships established within CERCLA/Superfund for the National Response Team (NRT), Regional Response Teams (RRTs), and Superfund Amendments and Reauthorization Act (SARA) Title III State Emergency Response Commission.

How HMTUS and CERCLA interact

HMTUSA builds on existing programs and relationships and, in fact, specifically requires grant money to be submitted to Local Emergency Planning Committees (LEPCs) as established under the SARA Title III. Specifically, HMTUSA provides for:

• Planning grants to develop, improve, and implement SARA Title III local emergency response plans and to determine the need for regional hazardous materials emergency response teams. States will receive these grants by agreeing to submit at least 75 percent of their planning grants money directly to LEPCs to develop, improve, and implement their emergency plans.
• Training grants for delivery of training to public sector employees in hazardous materials response. This grant could be used for hazardous material waste and emergency response and other training activities, However, in order to qualify for the training grants, states/tribes must certify they are in compliance with Sections 301 and 303 of SARA Title III.