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Appendix D › VII, XV–XVIII Clean Air Act; Farmland; Wild and Scenic Rivers; RCRA; CERCLA

Which air, land and waste laws can apply, including debris disposal?

FEMA term
Clean Air Act; Farmland Protection Policy Act; Wild and Scenic Rivers Act; RCRA; CERCLA
Short answer

The Clean Air Act may require dust and emissions controls and state or local permits. Projects that could convert important farmland trigger consultation with USDA, and projects on protected rivers trigger review under the Wild and Scenic Rivers Act. RCRA governs disposal of solid and hazardous waste, including debris, and Superfund sites require consultation with EPA.

What FEMA requires

  • Clean Air Act: compliance may require dust abatement, vehicle emissions control, and fuel storage and distribution procedures, with more rigorous requirements in nonattainment areas. Where air quality is affected, coordinate with and obtain permits from state or local environmental agencies.
  • Farmland Protection Policy Act: FEMA evaluates whether projects irreversibly convert prime, unique, or state or locally important farmland to nonagricultural uses, considers alternatives, and consults USDA NRCS where conversion is possible.
  • Wild and Scenic Rivers Act: projects on designated rivers, study rivers or rivers on the Nationwide Rivers Inventory must be reviewed, with consultation with the managing agency.
  • RCRA: sets the framework for safe disposal and recycling of hazardous and non-hazardous solid waste. FEMA may require proof of compliant disposal through state debris management permits or forms, landfill permit information, statements from authorities, or project-specific permits and plans.
  • CERCLA (Superfund): FEMA consults EPA on projects affected by a Superfund site.
<table class="pt-table"><thead><tr><th>Law</th><th>Triggered by</th><th>What happens</th></tr></thead><tbody><tr><td>Clean Air Act</td><td>Projects affecting air quality, especially in nonattainment areas</td><td>Dust, emissions and fuel controls; you coordinate with and get permits from state or local agencies</td></tr><tr><td>Farmland Protection Policy Act</td><td>Projects that could irreversibly convert prime, unique or important farmland</td><td>FEMA considers alternatives and consults USDA NRCS</td></tr><tr><td>Wild and Scenic Rivers Act</td><td>Projects on designated, study or inventoried rivers and tributaries</td><td>FEMA reviews and consults the managing agency</td></tr><tr><td>RCRA</td><td>Disposal of hazardous and non-hazardous solid waste, including debris</td><td>FEMA may require proof of compliant disposal</td></tr><tr><td>CERCLA (Superfund)</td><td>Projects affected by a Superfund site</td><td>FEMA consults EPA</td></tr></tbody></table>

Documentation

State or local air permits where air quality is affected; state debris management permits or forms, landfill permit information, or statements from authorities showing compliant disposal; and information on nearby farmland, designated rivers or Superfund sites.

Watch out · Govstar practitioner advice

Keep disposal paperwork for every load of debris. Under RCRA, FEMA may ask for state debris permits, landfill permits or written statements proving compliant disposal, and missing records can cost you the disposal costs.

Govstar summarizes FEMA’s Public Assistance Program and Policy Guide in plain language and links to the official text. Govstar is independent and not affiliated with FEMA. This is general guidance, not legal advice.