Text: H.R.4087 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in House (07/26/2019)


116th CONGRESS
1st Session
H. R. 4087


To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include certain landlocked releases of petroleum, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

July 26, 2019

Mr. Blumenauer (for himself, Ms. Sewell of Alabama, Mr. Connolly, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include certain landlocked releases of petroleum, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “CERCLA Liability Expansion and Accountability for Negligent and Unjust Pollution Act” or the “CLEANUP Act”.

SEC. 2. Coverage of landlocked releases of petroleum.

(a) Hazardous substances defined.—Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)) is amended—

(1) by striking “and (F)” and inserting “(F)”;

(2) by inserting “, and (G) petroleum products” after “Toxic Substances Control Act”; and

(3) by striking “petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of this paragraph, and the term does not include”.

(b) Release defined.—Section 101(22) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(22)) is amended by striking “and (D) the normal application of fertilizer” and inserting “(D) the normal application of fertilizer, and (E) the release of a petroleum product if liability for such release is established by any other Federal law”.

(c) Definition of petroleum product.—Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the following:

“(42) PETROLEUM PRODUCT.—The term ‘petroleum product’ means petroleum or oil of any kind, in any form, or any fraction thereof, including fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.”.

(d) Conforming amendment.—Section 101(39)(D)(ii)(II)(aa) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39)(D)(ii)(II)(aa)) is amended by striking “excluded from the definition of ‘hazardous substance’ under section 101”.


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