H.R.5640 - Superfund Expansion and Protection Act of 198498th Congress (1983-1984)
|Sponsor:||Rep. Florio, James J. [D-NJ-1] (Introduced 05/10/1984)|
|Committees:||House - Energy and Commerce; Public Works and Transportation; Ways and Means | Senate - Finance|
|Committee Reports:||H.Rept 98-890 Part 1; H.Rept 98-890 Part 2|
|Latest Action:||Senate - 09/19/1984 Committee on Finance. Hearings held. (All Actions)|
|Roll Call Votes:||There have been 6 roll call votes|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed House
Summary: H.R.5640 — 98th Congress (1983-1984)All Information (Except Text)
(Measure passed House, amended, roll call #373 (323-33))
Passed House amended (08/10/1984)
Superfund Expansion and Protection Act of 1984 - Includes among specified objectives of this Act the creation of a waste end tax on the land disposal of hazardous substances which will discourage the environmentally unsound disposal of hazardous substances and provide additional revenues for the Hazardous Substance Superfund.
Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) (the Act) to revise the definition of "hazardous substance" to include petroleum (including crude oil or any fraction thereof) which: (1) is released from an underground storage tank (as defined in title IV of this title); or (2) may present a significant risk to human health through contamination of groundwater which supplies or may reasonably be expected to supply any drinking water source.
Authorizes community relocation and business and employee protection in cases of toxic substance contamination.
Includes under the term "remove" or "removal" the costs of permanent relocation of residents where it is determined that such permanent relocation is cost-effective or may be necessary to protect health or welfare.
Provides that such term may also include, in the case of a business located in an area of evacuation or relocation, the payment of those installments of principal and interest on business debt which accrue between the date of evacuation or temporary relocation and 30 days following the date that permanent relocation is actually accomplished or, if permanent relocation is formally rejected as the appropriate response, the date on which evacuation or temporary relocation ceases. Provides that such term may also include, in the case of an individual unemployed as a result of such evacuation or relocation, specified types of assistance authorized under the Disaster Relief Act of 1974.
Transfers the definition of "pollutant or contaminant" from under provisions for response authorities under the Act to among the definitions for purposes of the entire Act. Provides that such term shall include petroleum (including crude oil or any fraction thereof) only in the case of a release from an underground storage tank as defined in title IV of this title. Adds references to "pollutants or contaminants" under specified provisions of the Act.
Includes under the definition of "release" the abandonment or discarding of barrels, containers, and other closed receptacles containing hazardous substances or pollutants or contaminants.
Revises conditions under whicht eh terms "remedy" or "remedial action" may include offsite transfer, storage, treatment, destruction, or secure disposition. Requires that such offsite actions must be dtermined to be at least as cost-effective as other remedial actions. Requires the President, in making such a determination, to take into account: (1) the long-term uncertainties associated with land disposal; (2) the goals, objectives, and requirements of the Solid Waste Disposal Act; (3) the persistence, toxicity, mobility, and propensity to bioaccumulate such hazardous substances; and (4) the long-term maintenance costs of alternative remedial actions.
Directs the Administrator of the Environmental Protection Agency (EPA) (the Administrator) to promulgate regulations establishing reportable quantities for: (1) all hazardous substances other than carcinogens, within six months after enactment of this Act; and (2) the remaining hazardous substances, by October 1, 1986.
Increases the amount of criminal fines and the duration of criminal sentences for specified violations under the Act. Adds civil penalties for specified violations under the Act.
Revises response authorities provisions. Requires that any removal action undertaken by the Administrator or any other person with respect to any release or threat of release shall contribute to the efficient performance of any long-term remedial action with respect to such release or threatened release. Authorizes the Administrator to undertake any such response action unless the Administrator determines that such action will be done properly by the owner or operator of the facility from which the release or threatened release emanates, or by any other responsible party. Directs the Administrator, in undertaking any information gathering or planning under such response authority provisions, to assess the potential effects on human health associated with the release or threatened release.
Sets forth provisions that limit the liability of response action contractors.
Directs the Administrator, in taking specified abatement actions or in listing facilities on the National Priorities List, to give high priority to facilities where the release of hazardous substances has resulted in the closing of drinking water wells or has contaminated a sole or principal drinking water source.
Authorizes the Administrator to enter into agreements with one or more responsible persons for the purpose of providing remedial action. Sets forth requirements relating to such agreements.
Revises response authorities provisions relating to agreements with States. Requires States to make specified agreements with the Administrator, rather than with the President. Eliminates the requirement that a State assure all future maintenance of the removal and remedial actions provided for the expected life of such actions. Requires the State to pay ten percent of the costs of remedial action and ten percent of all future operation and maintenance costs of any onsite remedial action. Requires a 50 percent or greater State share of response costs only in the case of facilities operated, as well as owned, by the State or local government at the time of hazardous waste disposal. Requires the State to also pay all future operation and maintenance costs of any onsite remedial action at such State or locally owned and operated facilities. Provides for credits to any State which has paid more than a ten percent share of remedial costs at a facility owned, but not operated, by such State or local government. Provides that reasonable administrative expenses may be credited against a State's ten percent share. Provides for credits to a State under prescribed circumstances in which State or local funds are expended. Allows a State to credit amounts spent on a site either prior to or after such site's being listed on the National Priority List toward the State's ten percent share of cleanup costs. Allows an Indian tribe of the Secretary of the Interior to make or agree to make payment of required State ten percent share in connection with specified remedial actions on Indian lands.
Sets forth mandatory cleanup standards. Directs the Administrator, rather than the President, to select appropriate cost-effective remedial actions determined to be necessary. Requires that such actions be in accordance with: (1) the National Contingency Plan, to the extent practicable; and (2) a required protection level. Directs the Administrator, in evaluating the cost-effectiveness of a remedial action, to select (to the maximum extent practicable and consistent with the public health and welfare and the environment) permanent solutions and alternative treatment technologies or resource recovery technologies that will result in a permanent and significant decrease in the toxicity, mobility, or volume of the hazardous substance, pollutant, or contaminant, taking specified factors into account.
Requires that the remedial action provide for a level or standard of control necessary to protect human health and the environment. Requires that such level or standard be as stringent as the most stringent applicable standard under the Toxic Substances Control Act, Safe Drinking Water Act, Clean Air Act, or Clean Water Act (or water quality criteria under the Clean Water Act), if that standard is relevant and appropriate under the circumstances presented by the release or threatened release of such substance, pollutant, or contaminant. Requires that any remedial action which provides for containment at the facility comply with standards applicable to facilities required to obtain hazardous waste management permits under the Solid Waste Disposal Act. Authorizes the Administrator to waive the requirement of the most stringent applicable standard, or of the specified containment standard, and to select an alternative remedial action upon a finding that: (1) such alternative remedial action will provide substantially equivalent protection; or (2) compliance with such requirements at that facility will consume such a disproportionate share of the resources of the Hazardous Substances Trust Fund (the Fund) as to have the effect of deferring or preventing remedial action at other facilities which pose a significantly greater threat to human health and the environment.
Prohibits permit requirements for any removal or remedial action undertaken pursuant to the Act at the location of the release or threatened release.
Revises provisions for information gathering and access authorities to refer to the Administrator, rather than the President. Applies specified information requirements to generators of hazardous wastes, even if such information is available at the facility where such waste is located. Provides for access to such facilities by duly designated Federal and State officers, whenever necessary to carry out any provision of the Act, at reasonable times and for a reasonable duration. Prohibits anyone from impeding or interfering with such entry.
Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles including specified information, sufficient to establish the likely effect on human health of at least 100 hazardous substances which are most frequently found or which pose the most significant threat to human health at facilities listed on the National Priorities List prepared under the National Contingency Plan. Requires that the 100 profiles be completed 48 months after enactment of this Act (at 12-month intervals for four groups of 25 substances). Earmarks a specified amount, from amounts appropriated to the Superfund for FY 1986 and subsequent fiscal years, for the ATSDR to carry out such toxicological profiles. Authorizes additional amounts to be made available from such source to ATSDR, as necessary, to carry out its other responsibilities under CERCLA. Directs the President to provide for the employment of an adequate number of ATSDR officers and employees, based on such additional amounts made available for each fiscal year and taking into account the recommendations of ATSDR.
Adds new provisions for public participation in remedial action planning. Sets forth requirements and procedures for public notice and opportunity to comment on such plans. Authorizes the Administrator to make grants available to any group of individuals who may be affected by a release or threatened release at any facility which is listed on the National Priority List under the National Contingency Plan. Provides that such grants shall be for enabling the group to obtain expert advice and technical assistance to review and assess data and information prepared and required to be published by the Administrator with respect to such facility. Limits such grants to not more than four-fifths of the total costs of such advice and assistance. Requires each grant recipient to contribute at least one-fifth of the total of such costs. Prohibits more than one such grant from being made with respect to a single facility.
Sets forth mandatory remedial action schedules.
Directs the Administrator (of EPA) to commence remedial investigations for all facilities which are listed, as of the enactment date of this Act, on the National Priorities List (NPL) in accordance with the following schedule: (1) one-third of such facilities within eight months after such enactment date; (2) two-thirds within 16 months after such date; and (3) all within 24 months after such date.
Directs the Administrator to list not fewer than 1,600 facilities on the NPL by January 1, 1988. Directs the Administrator to insure commencement remedial actions and feasibility studies for each facility added to the NPL after the enactment date of this Act, beginning 24 momths after such enactment date, according to a schedule which provides for such commencement at: (1) 200 facilities during the fifst 12 months after such 24-month period; (2) 275 facilities during the next 12 months; and (3) 375 facilities during the third 12 months.
Directs the Administrator to ensure that substantial and continuous physical on-site remedial action commences at facilities on the NPL at a rate of not fewer than 150 facilities per year beginning on October 1, 1986.
Directs the Administrator to complete by January 1, 1987, preliminary assessments of all sites listed, as of the enactment date of this Act, on the Emergency and Remedial Response Information System.
Directs the Administrator to ensure that remedial action is completed, to the maximum extent feasible, for all facilities listed as of the date of enactment of this Act on the NPL within five years after such enactment date. Directs the Administrator to publish an explanation of why any such remedial action could not be completed within such period.
Directs the Administrator, in determining priorities among releases and threatened releases under the National Contingency Plan and in carrying out remedial action under such mandatory schedule provisions, to establish a high priority for the acquisition of all properties (including non-owner occupied residential, commercial, public, religious and vacant properties in the area in which, before May 22, 1980, the President determined an emergency to exist because of the release of hazardous substances and in which owner occupied residences have been acquired pursuant to such determination. (This relates to the Love Canal area in Niagara Falls, New York.)
Sets forth provisions for citizen petitions for health effects studies and for emergency relief and health surveillance.
Allows any individual or group of individuals to submit a petition to the Administrator providing evidence which: (1) demonstrates that such individual or individuals are being exposed to any hazardous substance; and (2) provides an empirical analysis of the level of exposure. Directs the Administrator to initiate a health effects study upon determination that: (1) there is a reasonable likelihood that such substance is from a facility where such substance is or was treated, stored, recycled, or disposed of, on a regular basis, or where removal action is being or was taken under any provision of the Act; and (2) the exposure may present a significant risk to human health. Directs the Administrator (or the ATSDR Administrator if so designated by the Administrator), within 45 days after receipt of such petition, to: (1) initiate a hazardous substance exposure evaluation; or (2) publish a written explanation of a determination that there is not a reasonable likelihood that the substance is from the facility or a determination that exposure does not present a significant risk to human health. Requires that each such hazardous substance exposure evaluation be completed within six months after the date the petition is filed and include specified information. Requires that steps be taken to eliminate any significant risk to human health which such evaluation finds the exposure concerned presents. Provides that such steps may include provision of alternative drinking water supplies and relocation of individuals.
Requires that the National Contingency Plan (NCP) be revised within 18 months after the enactment of this Act to reflect the amendments made by this Act. Requires that the portion of the NCP known as "the National Hazardous Substance Response Plan" be revised to provide procedures and standards for remedial actions consistent with protection level requirements under this title.
Sets forth provisions for citizen petitions for site ranking. Directs the Administrator, within 12 months after receipt of a citizen petition, to complete a preliminary assessment of the hazards to public health and environment associated with any actual or threatened release of a hazardous substance or pollutant or contaminant. Directs the Administrator, if such assessment indicates a significant threat, to make a prompt evaluation in accordance with the hazard ranking system referred to under specified provisions of the Act to determine the national priority of such release or threatened release. Requires that plan criteria for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action shall also take into account: (1) the release-associated damage to natural resources which may affect the human food chain; and (2) the release-associated contamination or potential contamination of the ambient air.
Sets forth provisions for abatement actions. Directs the Administrator, within 18 months after enactment of this Act, and after consultation with the Attorney General, to revise and republish specified guidelines for using imminent hazard, enforcement, and emergency response authorities to effectuate the responsibilities and powers created by this Act. Provides that no court shall have jurisdiction to review any such abatement order in any action other than an action to: (1) enforce such order; (2) recover a penalty for a violation; or (3) recover punitive damages.
Requires the Administrator, under specified circumstances, to insure that no hazardous wastes are treated, stored, or disposed of at a facility against which any abatement action has been taken.
Revises liability provisions to provide for liability for Federal or State costs of removal or remedial action with respect to a release or threatened release (whether or not such action is consistent with the NCP). Adds liability for Federal or State costs of information gathering with respect to a release or threatened release. Adds liability for the costs of any action taken by the Administrator, under specified citizens petition and emergency relief provisions of this Act, to eliminate a significant risk to human health presented by exposure to a hazardous substance, pollutant, or contaminant and the costs of any health effects study carried out under such provisions with respect to such exposure. Provides that liability under the Act (CERCLA) shall be strict, joint, and several as construed and applied under specified provisions of the Federal Water Pollution Control Act and under these CERCLA liability provisions. Provides that amounts recoverable shall include interest at a specified rate.
Provides that no State or local government shall be liable under title I of CERCLA for costs or damages resulting from actions taken by the State or local government in response to an emergency created by the release or threatened release of a hazardous substance, pollutant, or contaminant from a facility or site owned by another person (but this provisions shall not affect the liability of any State or local government for negligence.)
Prohibits the Attorney General from representing any Federal agency (other than the EPA) in any civil action under title I (Hazardous Substances Releases, Liability, Compensation) of the Act (CERCLA). Authorizes the head of any such Federal agency to appoint agency attorneys or contract with non-Federal attorneys to represent the agency in any such action.
Provides that nothing under such liability provisions shall be construed to affect the equitable powers of apportionment of any court following adjudication of liability. Sets forth some factors which a court may consider in exercising its equitable powers of apportionment of damages among parties held liable under such liability provisions. Provides that a defendant who establishes by a preponderance of the evidence that the specified harm is divisible shall be liable only for the appropriate portion. Allows any defendant held liable for response costs or damages in actions under liability provisions of the Act to bring a separate action in the appropriate U.S. district court to require any other person who was, or could have been, a defendant in the prior enforcement or cost recovery action to contribute to payment of such costs or damages.
Sets forth similar liability provisions, including such "right of contribution," under provisions for abatement orders.
Adds to authorized uses of the Fund the payment of any costs incurred under provisions of this Act: (1) relating to emergency relief and health effects studies; (2) by the ATSDR in preparing specified toxicological profiles; (3) by the Administrator in evaluating facilities pursuant to petitions for preliminary assessments of hazards to public health; and (4) in appropriate Federal and State oversight of remedial activities at National Priority List sites resulting from consent orders or settlement agreements, where inadequate oversight assistance has been provided by those who have been determined to be the responsible parties.
Eliminates a requirement that 85 percent of specified money credited to the Fund be available only for specified purposes. Limits to six percent of such money the amount available for payment of specified claims.
Revises audit provisions to direct the Inspector General of the EPA, in each fiscal year, to: (1) conduct an annual audit of the Trust Fund; (2) report on the status of all remedial and enforcement actions taken during the prior fiscal year; and (3) estimate the amount of resources, including the number of work years or personnel, which would be necessary for the Administrator to complete the implementation of all duties vested in the Administrator under this title. Requires that such audit and such status report: (1) include specified information; and (2) be reported annually by the Inspector General to the Congress.
Prohibits any potentially liable person from seeking judicial review of any determination to incur any governmental response costs pursuant to response authorities provisions or to utilize the Fund for payment of such costs except in an action to recover such costs under liability provisions.
Revises statute of limitations provisions under the Act. Prohibits, with specified exceptions for minors or incompetent persons, presentation of any claim or commencement of any action for damages, as defined under the Act, beyond three years after the later of: (1) the date of the discovery of the loss; (2) the date on which regulations are promulgated under specified provisions for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act; or (3) the date on which regulations are promulgated establishing procedures for the filing of such claims. Sets a statute of limitations of six years after the date of the completion of the response action for presentation of claims or commencement of actions for recovery of response costs in cases involving the responsible person's willful misconduct or willful negligence, violation of safety, construction, or operating standards or regulations, or failures or refusals to provide reasonable cooperation and assistance requested by public officials.
Extends the deadline for promulgation of regulations for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or a hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act.
Sets forth provisions concerning the relationship of this Act to other law. Authorizes States to require any person to contribute to any fund to pay compensation for claims for any response costs or damages or claims which may be compensated under the Act.
Establishes certain CERCLA requirements with respect to hazardous substances released from Federal facilities. Sets forth procedures for interagency agreements and emergency actions applicable to Federal agencies under CERCLA. Directs the Administrator to establish a special Federal Agency Hazardous Waste Compliance Docket.
Allows any State to require owners or operators of facilities which receive solid waste generated outside such State's boundaries to charge for such storage or disposal an amount that is different from, or in excess of, the amount charged for storage or disposal of solid waste generated within such State.
(NOTE: There is no title II in this House passed version of the bill. An amendment deleted the earlier versions' title II provisions for a Federal cause of action, but did not renumber the remaining titles.)
Title III: Miscellaneous Provisions - Authorizes citizen lawsuits under the Act (CERCLA). Sets forth provisions relating to such citizen lawsuits. Provides that, for certain types of suits under such citizen lawsuit provisions, only a person who has an interest which is or may be adversely affected may bring the action.
Directs the Administrator to commence, within six months after the enactment of this Act, the study required under specified provisions of the Solid waste Disposal Act concerning drilling fluids and other wastes associated with oil exploration.
Revises specified provisions relating to the transportation of hazardous substances.
Requires Federal agencies to provide notice in contracts to buyers of property from the Federal Government if regulated hazardous waste was disposed on such property.
Title IV: Regulation of Underground Storage Tanks - Establishes a program for identification and regulation of underground storage tanks containing hazardous substances (including petroleum products) and for cleanup of leaks from such tanks.
Defines "hazardous substance" for purposes of this title as: (1) any substance designated pursuant to specified provisions of the Federal Water Pollution Control Act; (2) any element, compound, mixture, solution, or substance designated pursuant to the CERCLA definition of "pollutant or contaminant," as added by this Act; (3) any hazardous waste having the characteristics identified under or listed pursuant to hazardous waste management provisions of the Solid Waste Disposal Act (but not including any waste the regulation of which under such Act has been suspended by Act of Congress); (4) any toxic pollutant listed under specified provisions of the Federal Water Pollution Control Act; (5) any hazardous air pollutant listed under specified provisions of the Clean Air Act; (6) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to specified provisions of the Toxic Substances Control Act; and (7) any petroleum product or fraction thereof. Excludes from such term natural gas, natural gas liquids, propane, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).
Defines "underground storage tank" to mean any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of hazardous substances if any portion of the tank volume is partially or totally beneath the surface of the ground and any underground pipes connected to any one or combination of tanks which is used to contain an accumulation of hazardous substances and which is above the surface of the ground. Lists the following exclusions from such term: (1) farm or residential underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) underground storage tanks used for storing heating oil for consumptive use on the premises where stored; (3) residential septic tanks; (4) pipelines regulated under the Natural Gas Pipeline Act of 1968 or the Hazardous Liquid Pipeline Safety Act of 1979; or (5) surface impoundments, pits, ponds, lagoons, or basins, or any underground pipes connected to any such tank, pipeline, impoundment, pit, pond, lagoon, or basin.
Sets forth notification requirements applicable to any person who, during the calendar year immediately preceding the calendar year in which this title was enacted, has supplied any hazardous substance to 100 or more sites where there is an underground storage tank which is or has been used for the storage of any hazardous substance. Requires such persons to notify a designated State or local agency of the existence of any such tank located at such a site.
Directs the Administrator, within eight months after the enactment date of this Act, to promulgate regulations (taking into account the effect on small business) regarding the providing of notice to obtain information concerning any such tanks which are not located at such sites.
Requires that the notice required of such persons supplying hazardous substances to 100 or more sites where such tanks are located be provided within 12 months after the enactment of this title. Requires that the notice required with respect to all other sites where such tanks are located be provided within 12 months after the promulgation of such regulations.
Requires that specified information be contained in those notices required of the suppliers to 100 or more sites and in those notices required of owners or operators which install or bring into use an underground storage tank after the enactment of this Act. Sets forth other information requirements for notices required of the suppliers to 100 or more sites, and for notices required pursuant to regulations for tanks at other sites, in the case of any such tank used for such storage prior to the enactment of this Act but taken out of operation before such enactment date (but after January 1, 1974).
Provides that notice shall not be required under this title in the case of any tank for which notice was given pursuant to specified provisions of CERCLA.
Requires any owner or operator which installs or brings into use an underground storage tank after the enactment of this Act to notify the designated State or local agency within a specified period.
Directs the Governor of each State, within 90 days of such enactment date, to designate the appropriate State or local agencies to receive such notifications. Directs the Administrator, within 180 days of such enactment date and in consultation with designated State and local officials, to prescribe in greater detail the form and content of such notifications. Provides that, if a Governor chooses not to designate a State or local agency for such purpose, such notifications shall be submitted to the Administrator. Requires the State, if such notifications are submitted to a designated State or local agency, to compile the submitted information into a comprehensive inventory and furnish such inventory to the Administrator within 18 months of such enactment date.
Sets forth provisions for release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks used for storing hazardous substances. Directs the Administrator, within nine months after the enactment of this Act, to complete a survey of underground storage tanks used for the storage of hazardous substances, including an assessment of specified factors relating to the likelihood of releases from such tanks. Directs the Administrator to promulgate such regulations after opportunity for public comment and within 27 months after enactment of this title. Requires that such regulations include requirements respecting specified areas, including: (1) leak detection or inventory systems and tank testing; (2) records of such testing, inventory, or detection; (3) reporting releases and corrective actions; (4) standards of performance for new underground tanks, including a requirement that any tank holding a regulated hazardous substance (other than petroleum) have an inner and outer shell, or other methods of containment, and other specified requirements; (5) corrective actions (including appropriate testing of potentially contaminated drinking water); (6) closure to prevent future release; and (7) evidence of financial responsibility for taking corrective action and for bodily injury and property damage to third parties. Directs the Administrator to take specified factors into consideration in issuing such regulations. Prohibits, until the effective date of such regulations and after 180 days from the enactment of this Act, any person from installing or beginning to use an underground storage tank to store hazardous substances unless such tank is cathodically protected against corrosion, constructed of a noncorrosive material, or contained in a manner designed to prevent the release into the environment of any stored hazardous substances.
Sets forth provisions for the Administrator's review and approval of State programs for underground storage tank release detection, prevention, and correction. Requires the State to demonstrate that the State program is no less stringent than the Federal program under this title and that it provides for adequate enforcement of compliance with program requirements. Provides for notice and opportunity for public comment before determinations concerning approval of State programs are made. Gives States with approved programs primary enforcement responsibility for requirements related to control of underground storage tanks used to store hazardous substances. Provides for withdrawal of approval upon the Administrator's determination, after public hearing, that a State is not administering and enforcing the program in accordance with specified requirements.
Sets forth provisions relating to inspections, monitoring, and testing. Sets forth provisions for confidentiality of information, and criminal penalties for violations of such confidentiality. Requires that all information reported to, or otherwise obtained by, the EPA under this title be made available, upon written request, to any duly authorized committee of the Congress.
Sets forth provisions for Federal enforcement of requirements under this title. Sets forth civil penalties for specified violations.
Makes requirements under this title applicable to Federal facilities. Authorizes the President to grant exemptions from such requirements upon determination that it is in the paramount interest of the United States to do so. Requires the President to report annually to Congress on such exemptions and the reasons for granting them.
Provides that nothing in this Act shall preclude or deny any State or local authority to regulate more stringently underground storage tanks used to store hazardous substances.
Directs the Administrator, within 36 months after the enactment of this title, to study the following underground storage tanks exempted under the definition of "underground storage tanks": (1) farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; and (2) tanks used for storing heating oil for consumptive use on the premises where stored. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of the study, with recommendations as to whether or not such tanks should be subject to regulation under this title.
Title V: Oil Pollution Liability and Compensation - Subtitle A: Short Title and Definitions - Provides that subtitles A through D may be cited as the "Comprehensive Oil Pollution Liability and Compensation Act."
Sets forth definitions for purposes of this title.
Makes this title effective only until both the International Convention on Civil Liability for Oil Pollution Damage and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage are in force with respect to the United States.
Permits claims for damages for economic loss, arising from oil pollution, to be asserted for: (1) removal costs; (2) injury to or destruction of natural resources; (3) injury to or destruction of real or personal property; (4) loss of subsistence use of natural resources; (5) loss of profits or impairment of earning capacity due to such injury or destruction; and (6) loss of tax revenue for a period of one year due to injury to real or personal property. Specifies the potential claimants who have standing to assert claims involving each such type of damage.
Imposes joint, several, and strict liability on the party responsible for the source of pollution. Specifies liability limits, except in cases of gross negligence or willful misconduct, for vessels, inland oil barges, ships, deepwater ports, and other facilities located on the Outer Continental Shelf.
Makes the Comprehensive Oil Pollution Liability Trust Fund (the Trust Fund, established under subtitle B of this title) liable for damages for claims asserted under this title, except as provided in subtitle B of this title, to the extent that the loss is not otherwise compensated.
Requires the responsible party for vessels over 300 tons (including foreign vessels) and the party responsible for offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Limits the liability of a guarantor to the aggregate amount of financial responsibility that the guarantor provided.
Specifies procedures whereby the Secretary of Transportation shall designate and advertise pollution sources.
Directs the Secretary to advertise claims to be presented initially to the responsible party or to such person's guarantor, in instances in which: (1) the responsible party and guarantor both deny involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source.
Permits claimants either to present a claim to the Trust Fund or to bring an action in an appropriate U.S. court if liability is denied or the claim is not settled within a specified period.
Sets forth procedures for the disposition and appeal of claims submitted to the Trust Fund.
Requires both the plaintiff and the defendant in a court action brought against a responsible party or guarantor to forward copies of all pleadings to the Trust Fund. Permits the Trust Fund to intervene in such actions. Requires a claim to be presented within three years of discovery of an economic loss, or within six years of the date of the incident, whichever is earlier.
Subrogates any person, including the Trust Fund, to all the claimant's claims and rights under this title. Sets forth the measure of recovery for actions brought by the Trust Fund against any responsible party or guarantor.
Grants U.S. district courts exclusive original jurisdiction over all controversies arising under subtitles A, B, and C of this Act, without regard to the citizenship of the parties or the amount in controversy.
Makes the rights and remedies under this title exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment).
Sets penalties for persons failing to comply with specified provisions in this title.
Authorizes appropriations for this title.
Subtitle B: Comprehensive Oil Pollution Liability Trust Fund - Establishes the Comprehensive Oil Pollution Liability Trust Fund which shall consist of: (1) the 1.3 cent a barrel fee imposed by this subtitle; (2) amounts recovered or collected on behalf of the Trust Fund under subtitle A; and (3) any amounts transferred to the Trust Fund under subtitle C from the Deepwater Port Liability Fund and the Offshore Oil Pollution Compensation Fund. Provides for the establishment of a Board of Directors for the Fund.
Exempts the Trust Fund and its income and property from all taxation except that any real property owned in fee by the Trust Fund shall be subject to State, territorial, county, municipal, or other local taxation to the same extent as other similar real property.
Requires an annual independent audit of the Trust Fund.
Requires a fee of 1.3 cents a barrel to be paid into the Trust Fund by the owner of: (1) oil received at a U.S. refinery; (2) oil entered into the United States for consumption, use, or warehousing; and (3) oil produced from a well located in the United States which is used in or exported from the United States. Provides that such fee shall be in effect only when the amount in the Trust Fund is less than $200,000,000. Prohibits the imposition of the fee with respect to any oil if the person who would be liable for the fee establishes that a prior fee has been imposed with respect to that oil. Establishes a civil penalty of up to $10,000 for any person who fails to collect or pay the fee.
Makes the Trust Fund available for: (1) immediate payment of removal costs; (2) payment of claims under subtitle A for damage which is not otherwise compensated; (3) the costs of administration of this title; and (4) the payment of initial and annual contributions to the International Fund established under subtitle D of this title. Requires the prudent investment of sums not needed for the above, but requires rebates to those who paid the 1.3 cent fee whenever the amount in the Trust Fund exceeds $300,000,000.
Prohibits payment of any claim from the Trust Fund if payment would reduce the amount in the Trust Fund to an amount less than $30,000,000. Authorizes the Trust Fund to borrow from any commercial credit source. Limits the liability of the Trust Fund with respect to one incident to a maximum of $100,000,000.
Requires the Comptroller General to review the required audit of the Trust Fund.
Provides that if the balance of any fund is to be transferred to the Trust Fund, any claim arising before October 1, 1984, shall be paid from the Trust Fund.
Provides that if the Secretary determines that there is a Trans-Alaska Pipeline (TAP) fund deficit, then the 1.3 cent fee shall be increased by two cents per barrel until the total amount of such increased fees equals such deficit. Defines a TAP fund deficit.
Provides that for purposes of this subtitle, the term "United States" includes the Outer Continental Shelf and any foreign trade zone of the United States.
Subtitle C: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this title.
Eliminates the Trans-Alaska Pipeline Liability Fund and provides that all unused assets of such Fund shall be rebated directly to the operator of the trans-Alaska oil pipeline for pro-rata payments to those owners who had paid into such Fund.
Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, the Intervention on the High Seas Act, the Outer Continental Shelf Lands Act Amendments of 1978 and the Trans-Alaska Pipeline Authorization Act, to conform with the provisions of this title. Transfers to the Trust Fund amounts remaining on the Deepwater Port Liability Fund and the Offshore Oil Pollution Compensation Fund (both having been eliminated by the above repeals).
States that if any provision of this title is held invalid, the remainder of the title shall not be affected.
Subtitle D: Implementation of Conventions - Recognizes the International Oil Pollution Compensation Fund (International Fund) as a legal person under the laws of the United States.
Requires, in any action brought in the United States against the owner of a ship or his guarantor under the International Convention on Civil Liability for Oil Pollution Damage, that the International Fund and the Trust Fund be served a copy of the complaint and any subsequent pleading. Entitles the International Fund to intervene as a party in any such action.
Exempts the International Fund from all direct taxation in the United States.
Requires any initial or annual contribution to the International Fund to be paid by the Trust Fund.
Sets forth the jurisdiction of the U.S. district courts for controversies arising under the Civil Liability Convention or the International Fund Convention.
Requires U.S. courts to recognize final judgments of courts of nations which are a party to the Civil Liability Convention or the International Fund Convention.
Requires the owner of each U.S. documented ship, or any ship, wherever registered, which enters or leaves a U.S. port or terminal carrying more than 2,000 tons of oil in bulk as cargo to establish and maintain evidence of financial responsibility in amounts sufficent to cover the maximum liability arising from one incident under the Civil Liability Convention. Imposes a civil penalty for noncompliance with provisions of the above sentence.
States that the United States waives all defenses based on its status as a sovereign State with respect to any controversy arising under the Civil Liability Convention or the International Fund Convention relating to any ship owned by the United States an used for commercial purposes.
States that one franc shall be deemed to equal one-fifteenth of a special drawing right, as defined by the International Monetary Fund.
Authorizes the Secretary to issue such rules and regulations as are necessary to implement the Civil Liability Convention and the International Fund Convention.
Title VI: Amendments of the Internal Revenue Code of 1954 - Superfund Revenue Act of 1984 - Amends the Internal Revenue Code to increase the environmental tax on petroleum from 0.79 cent to 7.86 cents a barrel, effective January 1, 1985. Extends the period before such tax is terminated until September 30, 1990.
Repeals specified CERCLA sunset provisions relating to the expiration of the authority conferred by CERCLA to collect environmental taxes when aggregate taxes collected exceed a specified level.
Amends Internal Revenue Code provisions relating to the environmental tax on certain chemicals (and metals). Increases the rate of such tax on both organic and inorganic substances according to a table of incremental increases for 1985, 1986, 1987, and 1988 and thereafter until the termination date (but only increases the rate of the tax on methane in 1988 and thereafter). Provides for an inflation adjustment of such rates according to separate provisions for organic and inorganic substances. Adds to the list of those substances subject to such tax: coal-derived light oils, coal tars, aluminum sulfate, aluminum phosphide, asbestos, copper, lead, lithium carbonate, manganese, phosphoric acid, selenium, uranium oxide, vanadium, zinc, and zinc oxide.
Adds an exemption for exports (or resale for exports) of such taxable chemicals. Provides for a credit or a refund where such tax is paid, under specified conditions.
Repeals the exemption from such tax for chemicals derived from coal.
Provides for an exemption from such tax for phosphoric acid used in producing fertilizer (to conform to the addition of phosphoric acid to the taxable list).
Makes the exemption for certain substances having transitory presence during the extracting process applicable to barium sulfide or any other taxable chemical which is a metal or metallic compound, or any solution or mixture containing such a chemical. (Current law applies such exemption only to specified nonferrous metallic compounds.)
Sets forth a special rule, under such chemical tax provisions, for xylene. Provides that the term "xylene" does not include any separated isomer of xylene, except in the case of imports or exports of xylene.
Repeals such tax on xylene for periods before 1985. Provides for credits or refunds (with interest) of any such tax previously imposed. Provides for a waiver of a statute of limitations relating to such credits or refunds for which a claim is filed within a specified period. Provides, for purposes of such repeal and refunds, that the term "xylene" shall include any isomer of xylene whether or not separated.
Sets forth a special rule, under such chemical tax provisions, for certain employee-owned chemical plants. Provides that the current tax rates for organic substances will continue to apply through 1987 for any qualified employee-owned chemical plant which is owned by a qualified employee-owned corporation and which was operated by such corporation on August 1, 1984. Defines "qualified employee-owned corporation" as any corporation headquartered in Odessa, Texas, if: (1) during December 1983, there was an employee buy-out of substantially all of the common stock of such corporation; and (2) as of August 1, 1984, at least 100 employees were stockholders in such corporation and substantially all of the common stock of such corporation was owned by employees, officers, or directors of such corporation (or their spouses). Includes under such term any wholly owned subsidiary of a corporation on August 1, 1984, which meets such requirements.
Redesignates the Hazardous Substance Response Trust Fund as the Hazardous Substance Superfund (Superfund) under the Internal Revenue Code. Transfers certain provisions for creation and administration of the Superfund to trust fund provisions of the Internal Revenue Code.
Revises the expenditure purposes of the Superfund to conform to the expanded lists of costs which may be incurred under specified provisions of CERCLA, as amended by this Act, including costs incurred in: (1) connection with emergency relief and health effects studies; (2) preparation of toxicological profiles of certain hazardous substances; and (3) evaluation of potential hazards posed by facilities pursuant to petitions posed by any person.
Prohibits Superfund expenditures for payment of any damage claims for injury to, or destruction or loss of, natural resources owned or controlled by the Federal or State governments as a result of a release or threat of release of a hazardous substance. (Current law permits expenditures for such purpose.)
Establishes in the Superfund a separate account to be known as the Leaking Underground Storage Tank Account, consisting of specified amounts appropriated, transferred, or credited to the Account. Provides that amounts in the Account will be available for cleanup actions in connection with leaking underground storage tanks that store petroleum or petroleum products, and will also be available for expenditures incurred in connection with releases of petroleum which may present a significant risk to human health (as provided under specified provisions of this Act). Limits the aggregate amount of expenditures which may be made from the Account during FY 1986 through 1990. Sets forth provisions for repayable advances to the Account.
Continues provisions relating to the limitation of U.S. liability to the amount in Superfund, and applies to the Account similar rules for such liability and the order in which unpaid claims are to be paid.
Authorizes appropriations to the Superfund for FY 1986 through 1990. Limits the aggregate amount of such appropriations which may be appropriated to the Leaking Underground Storage Tank Account.
Makes conforming amendments which: (1) repeal subtitle B of the Hazardous Substance Response Revenue Act of 1980 (relating to establishment of the Hazardous Substance Response Trust Fund); and (2) revise the CERCLA definition of "Fund" or "Trust Fund" to mean the Hazardous Substance Superfund established under specified provisions added to the Internal Revenue Code by this Act. Provides that the Hazardous Substance Superfund shall be treated for all purposes of law as a continuation of the Hazardous Substance Response Trust Fund.
Repeals the Post-Closure Tax and Trust Fund by repealing Internal Revenue Code provisions relating to the environmental tax on hazardous wastes and repealing provisions for the Post-Closure Liability Trust Fund under the Hazardous Substance Response Revenue Act of 1980. Makes technical amendments repealing related CERCLA provisions. Makes such repeal effective on October 1, 1983.
Provides for increases in the rates of environmental taxes on petroleum and on certain chemicals, to take effect on January 1, 1987, but only if a waste-end tax is not enacted before July 1, 1986.
Provides for a study of a waste-end tax. Directs the Secretary of the Treasury (in consultation with the Environmental Protection Agency and the International Trade Commission) to conduct a study of various proposals for a Federal waste-end tax (and their probable trade and other economic effects) in order to develop a proposal for such a tax which is designed to discourage the disposal of hazardous wastes in environmentally unsound manners and to accomplish this result with maximum administrative feasibility. Directs the Secretary to submit a report on such study, together with a proposal in legislative form for a Federal waste-end tax, by April 1, 1985, to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.
Defines "Federal waste-end tax" as any Federal excise tax imposed with respect to the disposal of hazardous substances.
Provides for a study on the economic impact of the environmental tax on certain chemicals. Directs the Secretary of the Treasury (in consultation with the International Trade Commission) to conduct a study on: (1) the trade and other economic effects of the environmental tax on certain chemicals imposed under specified excise tax provisions of the Internal Revenue Code; and (2) the feasibility and desirability of imposing a tax on imported derivatives of substances subject to such tax. Requires that such study develop the methodology for selecting the list of substances which would be subject to a tax on such imported derivatives and the means of making such a tax compatible with international trade agreements. Directs the Secretary to submit a report on such study, by April 1, 1985, to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.