Under existing laws, States do not have broad authority to control how hazardous materials are stored, used, transported, and disposed of within their borders.
States do have broad authority over the control and management of hazardous materials generated within their boarders because according to Comprehensive Environmental Response, Compensation, and Liability Act of 1986 (CERCLA) section 104(0)(9), states are held liable for the treatment, management, effective transportation and disposal of hazardous waste generated within their boarders.
