The on-site inspection provisions of the Chemical Weapons Convention (CWC) must be executed in compliance with legal obligations to protect the environment and public safety. Federal implementing legislation can expedite fulfillment of these obligations in accord with domestic statutory requirements. CWC sampling activities will likely invoke the application of the primary environmental and safety statutes in the United States. These include: the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right to Know Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Occupational Safety and Health Act, and the Hazardous Materials Transportation Act. Perhaps the most complex environmental and safety issue to be faced in the CWC "implementing legislation" is the role that state and local regulations and regulators should play in the inspection process. Congress can ensure that verification activities are conducted in accord with national environmental and safety standards by selecting from a broad range of options, and pursuing three integrated policies: (1) maximizing CWC compliance; (2) minimizing burdens on facility owners; and (3) clarifying the role of state and local interests.
Barry Kellman; Jerry R. Stockton; Edward A. Tanzman, Chemical Weapons Convention inspections of Private Facilities Application of United States Environmental and Safety Laws (1993)