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Bill· SS. 2159 (98th)referred
United States · United States Congress · 18 November 1983
Hazardous Air Pollutant Control Act of 1983 - Amends the Clean Air Act ("the Act") to revise provisions relating to hazardous air pollutants. Directs the Administrator of the Environmental Protection Agency (EPA), within 60 days after enactment of this Act, to identify at least 25 substances or materials for which the Administrator intends to make a decision by December 31, 1985, on whether to include such substances or materials on the list of hazardous air pollutants established under provisions for national emission standards for hazardous air pollutants ("the NESHAPs list"). Requires that such identification include: (1) polycyclic organic matter, nickel, toluene, coke oven emissions, acrylonitrile, carbon tetrachloride, perchloroethylene, trichloroethylene, methyl chloroform, CFC-113, manganese, chromium, cadmium, chlorobenzenes, dioxin, vinylidene chloride, epichlorohydrin, chloroform, hexachlorocyclopentadiene, ethylene oxide, and ethylene dichloride; and (2) each other substance or material under EPA evaluation for inclusion on the NESHAPs list for which EPA has positive data from one or more tests indicating carcinogenicity in humans or other mammals. Directs the Administrator, within one year of such enactment date, to identify at least 15 additional substances or materials for which an inclusion decision will be made by December 31, 1986. Requires that first consideration, in both such identifications, be given to specified substances and materials which the EPA has been evaluating. Directs the National Toxicology Program, through its Director, to recommend substances or materials which should be so identified, and to continue to recommend substances and materials which may be appropriate for inclusion on the NESHAPs list. Directs the Administrator, at the time the additional substances or materials are identified, to also identify any additional research, study, or evaluation which may be useful in making a determination. Directs the Administrator, in cooperation with the National Toxicology Program, to: (1) establish a schedule for initiating and completing such research, study, or evaluation; (2) identify the agency which will undertake it; and (3) identify the source and amount of funding for it, if such funding is not provided through the Hazardous Substance Response Trust Fund. Directs the Administrator, within 30 days after publication of any report under specified provisions of the Public Health Service Act, to publish a notice identifying each substance or material listed in such report which is known or may reasonably be anticipated to be an air pollutant. Requires such notice to allow 60 days for interested parties to submit information and comment on whether any substance or material identified in such notice is a hazardous air pollutant. Directs the Administrator, by December 31, 1985, in the case of those substances in the first identification and by December 31, 1986, in the case of the additional substances identified, to publish the determination of whether each substance or material is a hazardous air pollutant to be included on the NESHAPs list (along with the basis and the available information for such determination) after opportunity for submittal of information by interested parties. Directs the Administrator, within one year after the required date for issuance of each notice relating to the Public Health Service Act list, to determine whether each substance or material identified in each such notice is a hazardous air pollutant. Directs the Administrator, within 30 days after the identification of any substance or material required under this Act, to establish a docket for each such substance or material. Requires that such docket include all relevant information and analyses in the possession of the Administrator, all written comments and documentary information received from any person, and detailed written summaries of oral communications from or to any person on such issue. Requires that a substance or material be included on the NESHAPs list, by operation of law, if the Administrator: (1) fails to make a determination by the appropriate deadline; or (2) determines that such substance or material is a hazardous air pollutant. Directs the Administrator to specify the chemical forms of a substance or material which are determined to be hazardous air pollutants when including such substance or material on the NESHAPs list. Allows any interested party to petition the Administrator to remove any substance or material from the NESHAPs list, but only on the basis of information which was not available to the Administrator before the inclusion on such list. Directs the Administrator, within 120 days after receipt, to: (1) make a finding whether the petition is based on such information; (2) if there is such a basis, to publish a notice of such finding and provide opportunity for public comment; and (3) within 120 days after such notice, publish a determination whether the substance or material is a hazardous air pollutant. Provides that the pendency of any such petition shall not suspend the running time of any statutory or judicial time limit for the proposal or promulgation of NESHAPs standards. Provides that neither the identification for determination purposes nor the automatic listing due to failure to meet the deadline shall be deemed a presumption that a substance or material is a hazardous air pollutant. Directs the Administrator to identify the categories of sources which emit, in significant amounts, each hazardous air pollutant on the NESHAPs list. Requires that such identification include specified categories of stationary sources. Extends from 180 days to one year the period after proposal of emission standards during which the Administrator must establish final emission standards for hazardous air pollutants (NESHAPs). Requires that NESHAPs be established at a level requiring the greatest degree of emission reduction of such pollutant through the application of the best system of continuous emission reduction available for the class or category of source, taking into account the cost of achieving such reduction and any nonair quality health or environmental impacts (BACT - the Best Available Control Technology). Directs the Administrator to determine whether such emission standard is adequate to protect the public health from such hazardous air pollutant with an adequate margin of safety; and, if not, to establish such standard at a more stringent level. Requires that NESHAPs be at least as stringent as the most stringent emission limitation shown by an adequate operating history to have been achieved in practice by a source of the same category or in a category with similar air pollutant control characteristics (LAER-the Lowest Achievable Emission Rate). Authorizes the Administrator to distinguish among classes, types, sizes, and periods of remaining useful life for sources within a category of sources for purposes of establishing NESHAPs. Revises NESHAPs prohibitions to require permits for: (1) construction of new sources or modification of existing sources which emit or will emit any substance or material included on the NESHAPs list; and (2) operation of existing stationary sources which emit a hazardous air pollutant in violation of a NESHAPs standard. Directs the Administrator to determine specified standards relating to such permits. Directs the Administrator, in the case of such permits for operation of an existing source, to provide for compliance with NESHAPs standards as expeditiously as practicable, but in no event later than two years after the promulgation of the standard. Requires that all such permits include specified monitoring requirements. Limits the period of validity for such permits to seven years, with provisions for renewal. Requires fees to cover costs of reviewing and acting upon such permit applications and implementing and enforcing the terms and conditions of such permits and renewals. Requires that notice and opportunity for a hearing be provided within the locality where the source is located before any such permit or renewal may be issued. Directs the Administrator to delegate NESHAPs implementation and enforcement authority to a State only if the State procedure: (1) provides necessary assurances that the State will have adequate personnel, funding, and authority to carry out such implementation and enforcement; and (2) contains provisions equivalent to those provided under this Act for the issuance and renewal of permits, including requirements for monitoring and permit fees. Provides that the grant or denial of a permit or permit renewal by a State to which such a delegation has been made shall be deemed an action of the Administrator for purposes of judicial review provisions of the Act. Requires that design, equipment, work practice, and operational standards be consistent with specified requirements under NESHAPs provisions. Allows a citizen lawsuit against the Administrator for failure to perform a nondiscretionary act or duty with respect to NESHAPs provisions, or with respect to provisions for listing certain unregulated pollutants, to be commenced ten days after the plaintiff has given notice to the Administrator. Provides that specified amendments made by this Act shall not affect any NESHAP emission standard promulgated prior to the enactment of this Act.
Bill· HRH.R. 4501 (98th)open
United States · United States Congress · 18 November 1983
Amends the Safe Drinking Water Act ("the Act") to provide for protection of aquifers which are the sole or principal source of drinking water for public water systems by establishing a program for protection of critical ground water recharge areas. Authorizes municipalities within a sole or principal source area to petition the Governor of the State to designate a part of such area as a "special protection area." Requires that the petition propose boundaries for the special protection area and make certain evaluations. Directs the Governor to approve or disapprove the petition, based on a consideration of specified criteria, within 180 days after receipt. Requires the Governor, upon approving the petition, to: (1) propose the boundaries of the special protection area; (2) designate or establish an entity to develop a comprehensive management plan; and (3) establish procedures for public participation in plan development, for plan review, approval, and adoption, and for assistance to municipalities and other public agencies for plan implementation. Directs the Governor to submit to the Administrator of the Environmental Protection Agency approved petitions and summaries of actions taken with respect to petitions. Directs the Administrator, within 60 days after receipt, to approve or disapprove the petition on the basis of specified findings relating to the proposed boundaries and the planning entity's qualifications. Authorizes the Administrator, upon approving the petition, to make a 50 percent matching grant to the State for the costs of preparing the petition and developing the plan. Requires the plan to maintain the quality of the ground water recharged through the special protection area by maintenance, to the maximum extent possible, of the natural vegetative and hydrogeological conditions. Lists several requirements to be included in the plan. Directs the Governor to approve or disapprove the plan. Requires the Governor to submit an approved plan to the Administrator. Directs the Administrator, within 120 days after receipt, to approve the plan or to submit to the Governor the reasons for disapproving the plan. Allows the Governor to resubmit a plan. Authorizes the Administrator, upon approving the plan, to make a 50 percent matching grant to the State for the costs of implementing the plan. Prohibits such grant from exceeding $20,000,000. Authorizes appropriations: (1) for FY 1985 through 1987 for plan development; and (2) for FY 1986 through 1988 for matching grants for plan implementation. Allows a public water system which relies on a principal or sole source aquifer designated under specified provisions of the Act to bring an action in the appropriate U.S. district court against any person causing or contributing to the presence of any contaminant in such aquifer if such system is required to: (1) treat drinking water derived from the aquifer in order to comply with national drinking water regulations under the Act; or (2) obtain alternative water supplies. Authorizes the court to issue an order requiring such person to: (1) abate such contamination; and/or (2) reimburse all or part of the costs of compliance with national drinking water regulations and/or the costs of obtaining alternative drinking water supplies. Authorizes the court to award litigation costs to the prevailing party. Authorizes the Administrator (or any State with primary enforcement responsibility for public water systems under the Act) to issue an order requiring a person to provide adequate supplies of potable drinking water to the persons served by a public water system, if the Administrator (or such State) finds that: (1) such person has caused or contributed to the presence of any contaminant in any designated sole or principal source aquifer which supplies, or can reasonably be expected to supply, such public water system; and (2) the presence of such contaminant in such water system may adversely affect the health of persons unless such water is treated or alternative water supplies are provided. Permits any interested person to obtain judicial review of such an order issued by the Administrator (or the State) within 30 days after issuance of the order. Provides for civil penalties of not more than $5,000 per day of violation for violations of such orders.
Bill· HRH.R. 4491 (98th)open
United States · United States Congress · 18 November 1983
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to require the Administrator of the Environmental Protection Agency to prescribe and collect an application fee for ocean dumping permits. Requires the Administrator to prescribe and collect a special fee for activities directly associated with the issuance of permits for ocean dumping, including: (1) site designations and program operations; (2) the undertaking of measures to determine compliance with permit terms; (3) the assessment of the effects of the dumping; and (4) surveillance and enforcement activities undertaken by the Coast Guard.
Bill· HRH.R. 4492 (98th)open
United States · United States Congress · 18 November 1983
Sewage Sludge Dumping Amendments of 1983 - Amends a specified Federal law which amended the Marine Protection, Research, and Sanctuaries Act of 1972 ("the Act"). Revises provisions relating to the dumping of sewage sludge into ocean waters or other specified waters. Provides that the Administrator of the Environmental Protection Agency (EPA) may not issue or renew any permit for such dumping: (1) after December 31, 1988; or (2) to any person other than a municipality that was authorized to dump sewage sludge into such waters under such Act, or under court order, as of January 1, 1983. Provides that sewage sludge shall be considered harmful, for purposes of such regulation of dumping, if it fails to meet the environmental impact criteria of EPA regulations issued under the Act, except that, for constituents under specified provisions of the London Dumping Convention, applicable trace contaminant limits that are binding on the United States must be defined numerically without regard to the rate of sludge discharge into the ocean. Sets a civil penalty for each act of unlawful dumping of sewage sludge at: (1) $10,000 for each act that occurs during 1989; and (2) $50,000 for each act that occurs after 1989.
Bill· HRH.R. 4483 (98th)referred
United States · United States Congress · 18 November 1983
Acid Deposition Control Act of 1983 - Title I: Acid Deposition Assistance Program - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to pay owners or operators of fossil fuel electric utility generating plants up to 90 percent of the construction and installation costs of a system for the control of emissions of sulfur dioxide. Directs the Administrator to pay to operators of any facility which uses coal as a fuel for any purpose 50 cents for each pound of sulfur which such operator certifies has been removed prior to the emission of the combustion products of such coal into the air. Imposes a civil penalty of $10,000 for any misrepresentation of any material fact in any certification. Establishes the Acid Deposition Control Fund to pay the costs of the emission control systems and sulfur removal. Requires that the tax revenues generated from the excise tax on coal containing sulfur be deposited in the Acid Deposition Control Fund. Appoints the Secretary of Treasury as the trustee of the Fund and requires the Secretary to report to Congress yearly on the financial conditions and the operations of the Fund. Title II: Acid Deposition Tax - Amends the Internal Revenue Code to impose a 50 cents per pound excise tax for each pound of sulfur contained in coal to the extent the sulfur content of the coal exceeds ten pounds of sulfur per ton of coal.
Resolution· HCONRESH.Con.Res. 235 (98th)open
United States · United States Congress · 18 November 1983
Declares that the London Dumping Convention: (1) is the appropriate vehicle for the regulation and control of subseabed emplacement of high-level radioactive materials; and (2) should continue to prohibit the subseabed emplacement of high-level radioactive wastes until scientific research demonstrates that such activity will not pose a threat to the marine environment.
Bill· HRH.R. 4416 (98th)open
United States · United States Congress · 16 November 1983
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("Superfund") to extend the authorization of appropriations to the Hazardous Substance Response Trust Fund ("Response Trust Fund") for five additional years, through FY 1990. Provides that so much of the aggregate amount authorized to be appropriated for prior fiscal years as has not been appropriated shall be added to the specified amount authorized to be appropriated for each such fiscal year. Makes a conforming amendment extending by five years the period to be covered by the Secretary of the Treasury's annual report to the Congress on the management of the Response Trust Fund. Extends the authority to collect taxes conferred by such Act through FY 1990. Amends the Internal Revenue Code to provide for five-year extensions of provisions for an environmental tax on petroleum.
Bill· HRH.R. 4404 (98th)referred
United States · United States Congress · 16 November 1983
National Acid Deposition Control Act of 1983 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to establish new requirements for acid deposition control. Sets forth direct federally mandated emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which had the largest total emissions of sulfur dioxide during the calendar year 1980. Directs the Administrator of the Environmental Protection Agency to: (1) identify each such plant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btu; (2) within two months after enactment of this Act, publish a list of the 50 plants which have the largest total emissions and notify the owner or operator of each of the 50 plants listed; and (3) within four months after such enactment, after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions. Permits the owner or operator of any plant on the final list and the owner or operator of any other plant located in the same State to apply, within 18 months after enactment of this Act to substitute one or more fossil fuel fired steam generating units of such other plant for a unit of the plant on the list. Authorizes the Administrator to approve such a substitution under specified conditions. Requires the owner or operator of each plant on the final list to submit to the Administrator, by January 1, 1985, a compliance schedule, including increments of progress. Directs the Administrator to approve or disapprove such schedule, within one year after submission, and after notice and opportunity for hearing. Directs the Administrator, if such schedule is not submitted by the deadline or is not approved, to promulgate a compliance schedule for such plant on January 1, 1986. Provides for modification and publication of such schedules. Requires that each compliance schedule provide that: (1) a technological system of continuous emission reduction be used for each steam generating unit in the fossil fired electric utility generating plant concerned (other than a unit for which a substitute has been approved); and (2) sulfur dioxide emissions from such plant for the calendar year 1990 and each calendar year thereafter shall not exceed 1.2 pounds per million Btu heat input and ten percent of the total annual sulfur dioxide emissions during calendar year 1980 (90 percent reduction) or 0.6 pounds per million Btu and 30 percent of the total annual sulfur dioxide emissions during the calendar year 1980 (70 percent reduction). Sets forth procedures for determining plant compliance with such emission limitation. Sets forth similar emissions reduction requirements and procedures for substitute units. Requires that: (1) contracts be entered into for the purchase and installation of the technological systems of continuous emission reduction by January 1, 1988; (2) such systems be installed and in operation by January 1, 1990; and (3) the emission limitation be achieved for each calendar year after 1989. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to pay for 90 percent of the costs of construction and installation of the technological system of continuous emission reduction necessary for each such plant to comply with the emission limitation. Directs the Administrator, after consultation with the Secretary of the Treasury, to promulgate regulations under which such payments: (1) may be made to utilities only if they will be used entirely to reduce those electric rate increases which would otherwise result from such construction and installation; and (2) shall be made at such times as will minimize rate increases. Sets forth requirements for State plans for additional emission reductions of sulfur dioxide. Directs the Administrator, within 18 months after the enactment of this Act, to compute a State share, for each of the 48 contiguous States, of a 12,000,000 ton reduction in annual emissions of sulfur dioxide by 1993 below that of 1980 (or below that of any subsequent year designated by the Administrator as the baseline year in the case of: (1) any fossil fuel fired steam generating unit which is not part of an electric utility generating plant; or (2) any stationary source of industrial process emissions). Directs the Administrator, in computing State shares, to use the best available data and, to the extent that better data is not available, to use the inventory of emissions developed under a specified memorandum of intent on transboundary air pollution signed by Canada and the United States. Makes each State share the sum of the number of tons computed, under specified formulas, for: (1) fossil fuel fired electric utility plants in the State (except those required to comply with federally mandated emission reductions under this Act); (2) other fossil fuel fired steam generating units in the State; and (3) industrial process emitters of sulfur dioxide in the State. Directs the Administrator, on the basis of specified data and within one year after enactment of this Act, to establish a national average best available control technolgoy (BACT) emission limit for sulfur dioxide for emissions units within each category of process emitters of sulfur dioxide. Permits, under regulations promulgated by the Administrator, the Governors of two or more States to reallot State shares among agreeing States, if there is an equal or greater total reduction in annual emissions of sulfur dioxide through such reallotment. Sets deadlines and procedures for submission and approval of State plans for such State shares. Sets emissions limitations applicable in the absence of an approved State plan. Requires State plans for State shares to provide for emission limitations applicable to any stationary sources (other than a source which is one of the listed 50 electric utility plants subject to direct federally mandated emission reductions) in the State for which: (1) the actual annual sulfur dioxide emission rates have been calculated by the Administrator for the baseline year; and (2) no new source standard of performance is applicable. Requires that the emission limitations for each stationary source subject to the State plan establish an allowable average annual sulfur dioxide rate at a level such that the total reduction would equal the State share. Permits State plans for State shares to provide for compliance with emission limitations through use of technological systems of continuous emission reduction or any other appropriate requirements. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to make available a portion of specified funds to each State: (1) which has in effect a State plan approved under this Act; and (2) which each plant subject to the direct federally mandated emission reduction has achieved such reduction. Sets forth a formula for determining each State's portion of such funds. Requires that such funds be used by the State, in such manner as it deems appropriate, to: (1) provide for the required State share of emissions reductions; (2) reduce, or provide refunds of, the fee on electric energy imposed under this Act; or (3) fund any other State program which it deems appropriate to carry out the purposes of this Act. Limits to five percent of the amount of the State portion the amount which may be used for administration of the State plan under this Act. Establishes a trust fund in the Treasury of the United States to be known as the Acid Deposition Control Fund, consisting of amounts generated by fees imposed under this Act. Directs the Administrator to make expenditures from the Fund in accordance with the following priorities: (1) the Administrator shall make payments to utilities for specified utility rate reductions; (2) not more than $10,000,000 may be made available for the limestone injection multistaged burner (LIMB) technology demonstration project; (3) not more than $10,000,000 may be made available in any fiscal year for accelerated research on other cleaner burning industrial processes; (4) not more than $25,000,000 per fiscal year for each of FY 1984 through 1988 may be made available for the mitigation program under title III; (5) the Administrator shall next make expenditures for payment of capital costs of control for plants subject to the direct federally mandated emissions reductions, allocating available amounts first to the facilities which first applied for such payment; and (6) if all expenditures for such capital costs which currently can be made have been made, the Administrator shall provide funding to States to assist compliance with State plans. Directs the Secretary of the Treasury to be the trustee of the Fund and to report to the Congress for each fiscal year ending on or after September 30, 1984, on its financial condition and the results of its operation during such fiscal year and on its expected condition and operations during the next five fiscal years. Sets forth Fund investment duties of the Secretary. Imposes, under regulations promulgated by the Administrator, a fee for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the contiguous 48 States. Makes such fee effective with respect to electric energy generated, or imported after December 31, 1984. Makes the fee cease to apply on December 31, 1995. Requires that the fee be applied during each calendar quarter at a rate per kilowatt hour which is equal to 1.5 mill multiplied by the inflation adjustment for the calendar quarter in which the electric energy is generated or imported. Sets forth a formula for determining such inflation adjustment. Exempts from such fee any electric energy (including imported electric energy) which is generated by nuclear or hydroelectric power. Requires each electric utility to determine the fraction of energy sold which is exempt from the fee to state the amount subject to such fee on each billing document. Directs the Administrator to make payments from the Fund to each electric utility which has sold electric energy to any individual customer who certifies that, at the time of such certification, he or she is: (1) receiving aid to families with dependent children under the Social Security Act; (2) receiving supplemental security income benefits under the Social Security Act; (3) receiving low-income home energy assistance under the Low-Income Energy Assistance Act of 1981; (4) a member of a household receiving food stamps under the Food Stamp Act of 1977; or (5) receiving payments under specified Federal law relating to veterans or under specified provisions of the Veterans and Survivors Pensions Improvement Act of 1978. Requires that such certification be made within 180 days after the date of the sale of the electric energy with respect to which such payment is made. Prohibits any such payment unless the Administrator determines that: (1) under applicable rate schedules, the full amount of such payment will be used to reduce the electric rates of the certified customer; and (2) the utility has established adequate procedures to assure that each customer will be informed, in the utility's periodic billings, of such payment and such rate reduction. Sets forth a formula for determining the amount of such payment. Directs the Administrator to promulgate within six months after enactment of this Act regulations setting forth: (1) the time and manner required for payment of such fee; (2) related reporting requirements; and (3) requirements applicable to the exemption and rate reduction. Establishes civil penalties for: (1) electric utilities (or importers of electric energy) which fail or refuse to pay such fees or to file required reports; and (2) any person who makes false or misleading statements in such required documents. Directs the Administrator to bring civil actions in such cases. Establishes additional criminal penalties for: (1) electric utilities (or importers of electric energy) which knowingly commit such violations; and (2) persons who knowingly file any false certificate or document to obtain an exemption from the fee. Directs the Administrator to carry out a full-scale demonstration project to demonstrate the feasibility of the limestone injected multistaged burner (LIMB) technology. Limits the amount authorized to be appropriated from the Fund for such project to $10,000,000. Directs the Administrator to make such grants, contracts, and other arrangements to accelerate the research necessary to develop advanced industrial processes, including atmospheric fluidized bed construction and magnetohydrodynamics (MHD), other than the LIMB technology which may result in lower levels of sulfur dioxide and nitrogen oxides. Limits to $10,000,000 in each of fiscal year 1985 through 1989 the amount which is authorized to be appropriated for the Fund for such research. Makes conforming amendments. Title II: Control of Nitrogen Oxide Emissions - Directs the Administrator to revise standards of performance for new stationary sources for emissions of nitrogen oxides from electric utility steam generating units which burn bituminous or subbituminous coal and which commence construction from such units at a rate which exceeds: (1) 0.30 pounds per million Btu, in the case of subbituminous coal; and (2) 0.40 pounds per million Btu, in the case of bituminous coal. Adds to provisions relating to emissions from mobile sources to set the following nitrogen oxide emission standards for model year 1986 and after truck and truck engines: (1) gross vehicle weight of 6,000 pounds or less - 1.2 grams per vehicle mile; (2) 6,000 to 8,500 pounds - 1.7 grams per vehicle mile; and (3) more than 8,500 pounds - 4.0 grams per brake horsepower-hour. Title III: Acid Deposition Damage Mitigation Program - Allows any State to prepare and submit for the approval of the Administrator and for comment by the Director of the U.S. Fish and Wildlife Service: (1) a survey of water quality deterioration in such State which has resulted from acid deposition; (2) a proposal for research mitigating the effects of acid deposition on terrestial and aquatic ecosystems; and (3) proposed methods and procedures to restore the quality of water in such State which has deteriorated as a result of acid deposition. Directs the Administrator, after consultation with the Director, to provide from the Fund financial assistance to States to carry out measures and procedures for restoration which have been approved by the Administrator. Limits the amount granted under this title to any State for any fiscal year to 80 percent of the funds expended by such State in such year for carrying out such methods and procedures. Directs the Administrator to provide for equitable distribution of sums appropriated under this title among States with approved methods and procedures. Requires that such distribution be based on the relative need of such State for the restoration of water quality which has deteriorated as a result of acid deposition. Provides that the amount of any grant to a State under this title shall be in addition to, and not in lieu of, any other Federal financial assistance.
Bill· HRH.R. 4396 (98th)open
United States · United States Congress · 15 November 1983
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("Superfund") to authorize 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. Exempts permanent relocation payments from specified limitations on Superfund obligations.
Bill· HRH.R. 4393 (98th)open
United States · United States Congress · 15 November 1983
Wetlands Reform Act of 1983 - Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to require that guidelines developed by the Administrator of the Environmental Protection Agency (EPA) for permits for the discharge of dredged or fill material into navigable waters shall prohibit specification of a disposal site unless specified demonstrations are made. Requires a demonstration that: (1) discharge of dredged or fill material at such site does not contain any toxic pollutant included on a specified list published under such Act (except a toxic pollutant which is only a trace contaminant in such discharge); (2) such discharge at such site will not have an unacceptable individual or cumulative adverse impact on the aquatic environment; and (3) there is no practicable alternative to the proposed discharge which would have less adverse effect on the environment. Revises provisions for denial or restriction of use of defined areas as disposal sites. Requires the Administrator to review permit applications and to deny or restrict such use upon determination of specified factors. Allows any person to petition the Administrator to deny or restrict dredged or fill activities in any defined area based on specified criteria. Directs the Administrator, within 30 days after receipt, to make a finding as to whether the petition presents substantial information indicating that the petitioned action may be warranted. Directs the Administrator to promptly notify the Secretary of the Army of each finding made and promptly make such finding public. Directs the Administrator, within 90 days after receiving a petition found to present substantial information that the petitioned action may be warranted, after notice and opportunity for a public hearing, to determine whether or not to implement the petitioned action or some modification of the petitioned action, based on determinations as to whether or not the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreation areas. Prohibits any individual or general permit for a dredged or fill material discharge activity from being issued before such a determination is made, if such activity would be precluded or restricted by implementation of the petitioned action that the Administrator has found may be warranted. Subjects such findings and determinations to judicial review. Provides for citizen lawsuits under such Act: (1) against the Secretary of the Army; and (2) with respect to any limitation or requirement of any guideline developed for permits for dredged or fill material.
Bill· HRH.R. 4364 (98th)open
United States · United States Congress · 10 November 1983
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the dumping of municipal sludge, except as provided in the Act. (Current law prohibits dumping sludge, except as provided in the Act.) Defines "municipal sludge" as solid, semisolid, or liquid waste generated by a wastewater treatment plant. Authorizes issuance of a dumping permit for any hazardous waste identified and listed under the Resource Conservation and Recovery Act of 1979 only if the waste will be incinerated at sea or rapidly neutralized in the marine environment. Authorizes the issuance of a dumping permit for municipal sludge only if: (1) the plant generating the sludge is in compliance with requirements of the Federal Water Pollution Control Act; and (2) a suitable land-based alternative to ocean disposal is not available. Requires, rather than permits, the imposition of processing fees for permits. Sets forth provisions regarding the dumping of municipal sludge in the New York Bight Apex. Prohibits dumping in the Apex after the earlier of December 31, 1986, or the day the Administrator of the Environmental Protection Agency determines that municipal sludge can reasonably be dumped elsewhere. Permits dumping, however, after December 1, 1986: (1) if dumping in the Apex will result in less harm than dumping elsewhere; and (2) until a more suitable location is found. Imposes fees for municipal sludge dumped in the Apex of: (1) $25 for each dry ton dumped during 1984; (2) $40 for each dry ton dumped during 1985; and (3) $55 for each dry ton dumped after 1985. Requires the fees, whether used by the Administrator or local authorities, to be utilized as specified for the improvement of the Apex. Provides for trust accounts for local authorities for any fee amounts not paid to the Administrator. Requires the Administrator to: (1) prepare a comprehensive assessment of disposal options for municipal sludge generated by local authorities; (2) prepare a New York Bight Apex Restoration Plan; and (3) carry out base-line monitoring of alternative sites. Requires the assessment and plan to be submitted to Congress. Requires the assessment to be prepared in consultation with State and local officials from New York and New Jersey. Requires the Administrator to submit a report to Congress on the technological and economic feasibility of establishing and implementing quality standards for the disposal of municipal sludge through ocean or land-based methods. Authorizes appropriations for FY 1985 through 1987 to the Environmental Protection Agency for purposes of preparing the New York Bight Apex Restoration Plan.
Bill· HRH.R. 4302 (98th)open
United States · United States Congress · 3 November 1983
Amends the Safe Drinking Water Act (title XIV of the Public Health Service Act) to provide that specified exemptions from contaminant level or treatment technique requirements with respect to barium granted by States to public water systems shall not terminate until one year after the date on which the Administrator of the Environmental Protection Agency completes and publishes studies regarding the effects of barium in drinking water on the health of persons.
Bill· HRH.R. 4303 (98th)referred
United States · United States Congress · 3 November 1983
Toxic Substances Control Act Liability Amendments of 1983 - Amends the Toxic Substances Control Act (TSCA) to include under the definition of "chemical substance" any microorganism or other biological substance (thus providing for regulation under TSCA of "bioengineering" substances before they are genetically manufactured and sold). Revises provisions for citizens civil actions under TSCA to establish a Federal cause of action for toxic substances damages. Permits any person to bring an action in an appropriate U.S. district court against manufacturers or processors of a chemical substance or mixture to recover specified compensable damages. Provides that U.S. district court jurisdiction over such actions shall be concurrent with State court jurisdiction. Sets forth provisions relating to liability, evidence, and limitation of such actions.
Bill· HRH.R. 4304 (98th)referred
United States · United States Congress · 3 November 1983
Toxic Substances Control Act Improvements Amendments of 1983 - Amends the Toxic Substances Control Act (TSCA) to include under the definition of "chemical substance" any microorganism or other biological substance (thus providing for regulation under TSCA of "bioengineering" substances before they are genetically manufactured and sold). Provides for voluntary testing agreements under TSCA. Authorizes the Administrator of the Environmental Protection Agency (EPA) to negotiate agreements with chemical manufactures or processors to conduct testing. Requires: (1) publication of proposed agreements; (2) at least a 60-day public comment period; and (3) recordkeeping of all information and data regarding such agreements. Authorizes the Administrator to reopen such agreements if changed circumstances require modification of such agreements. Directs the Administrator to initiate appropriate action under specified TSCA provisions with respect to formaldehyde, not later than 180 days after enactment of this Act, taking into consideration both acute and chronic health effects associated with exposure to formaldehyde. Requires, within six months after enactment of this Act, that specified rules be amended to require any person who treats, stores or disposes of hazardous waste containing polychlorinated biphenyls (PCBs) to certify to the generator of such hazardous waste, in a form and manner determined by the Administrator, that such treatment, storage, or disposal is carried out in compliance with all applicable legal requirements. Prohibits the land disposal of liquid hazardous wastes containing specified concentrations of PCBs, effective 12 months after enactment of this Act, unless the Administrator determines that the prohibition on one or more methods of land disposal is not required in order to protect human health and the environment for as long as the waste remains hazardous, taking into account the long-term uncertainties associated with land disposal, the goal of managing hazardous waste in an appropriate manner in the first instance, and the persistence, toxicity, mobility of such substances and its propensity to bioaccumulate. Revises provisions for exemptions from specified PCB requirements to: (1) include specified circumstances where good faith efforts have been made to reduce the concentration of PCBs inadvertently manufactured; and (2) eliminate a one-year limit for such exemptions. Requires that EPA regulation under TSCA regarding PCBs which are (or are contained in) hazardous waste shall conform in all significant respects to the requirements of regulations under hazardous waste management provisions of the Solid Waste Disposal Act, except with respect to any aspect of PCB regulations under TSCA which is more protective of health or the environment than a corresponding aspect of the regulations under hazardous waste management provisions of the Solid Waste Disposal Act. Requires premanufacture testing of new chemical substances. Directs the Administrator, within two years after enactment of this Act, to promulgate a rule requiring the testing, before submission of specified manufacturing and processing notices, of each new chemical substance for which such a notice is required. Requires that such rule provide for a tiered system of tests designed to determine whether the manufacture, distribution in commerce, processing, use, or disposal of such new chemical substances, or any combination of such activities, may present an unreasonable risk of injury to health or the environment. Requires that such rule and any substantive amendment thereto be promulgated in accordance with specified provisions. Requires the person who intends to manufacture such chemical substance to conduct such testing. Permits exemptions from such rule under the same conditions as under other provisions for exemptions for new chemical substances. Authorizes the Administrator to also grant exemptions from such rule upon determination that such testing is not required by reason of the insubstantial quantities of the chemical substance which enter, or may reasonably be expected to enter, the environment or the insignificant or insubstantial human exposure to such substance. Terminates such exemptions if there is any significant change in the use of the chemical substance, the nature of exposure, or the production amount. Revises the definition of "category of chemical substances" which are grouped together solely on the basis of their being new chemical substances. Provides for an interim list of each chemical substance: (1) which is not required to be tested under the rule for testing new chemical substances before notice by reason of an exemption on the basis of insubstantial quantities entering the environment or insignificant or insubstantial human exposure; (2) to which an exemption from manufacturing and process notice requirements applies on the basis of the use of such chemical substance, the nature of exposure, or the production amount; or (3) which is subject to an order or agreement under specified provisions for regulation pending development of information. Directs the Administrator to maintain such list and publish it annually. Prohibits removal of any chemical substance from such list, unless the Administrator: (1) takes regulatory action respecting such substance under provisions for regulation of hazardous chemical substances and mixtures; or (2) determines that there is a reasonable basis to conclude that such substance is not, and does not have the potential of being, a carcinogen, mutagen, teratogen, or neurotoxin. Requires that, if specified exemptions terminate by reason of any significant change in the use of the chemical substance, the nature of exposure, or production amount, the manufacturer or processor shall be: (1) subject to a specified manufacturing and processing notice requirement and prohibition; and (2) required to submit test data in accordance with the rule for testing new chemical substances before submission of such notice. Makes conforming amendments to provide that any new chemical substance which is on the interim list: (1) shall be included under a specified manufacturing and processing prohibition; and (2) shall not be included on a list under specified provisions for reporting and retention of information. Limits significant new use determinations, for purposes of the manufacturing and processing notice requirement and prohibition, to chemical substances listed under provisions for reporting and retention of information. Revises provisions relating to relevant factors to be considered in such significant use determination. Authorizes the Administrator to issue certain administrative orders pending development of information if a determination is made that the available information is insufficient to permit a reasoned evaluation of the health and environmental effects of a chemical substance with respect to which a manufacturing and processing notice is required. Eliminates provisions which condition such authority on determinations relating to the unreasonable risk the substance may present or the amount of production, environmental entry, or human exposure. Authorizes U.S. district courts to issue certain injunctions pending development of information if a finding is made of insufficient information to make a reasoned evaluation (similar to that required for such EPA administrative orders). Eliminates provisions conditioning such authority on findings relating to unreasonable risk, production amount, environmental entry, or human exposure. Revises provisions regarding TSCA relationship to other Federal laws. Repeals the prohibition against the Administrator's promulgating a rule under TSCA provisions for regulation of hazardous chemical substances and mixtures whenever the risk of injury to health or the environment could be sufficiently eliminated or reduced by actions taken under other Federal laws administered by the Administrator. Repeals other prohibitions against the Administrator's acting in specified circumstances under hazardous substances or imminent hazard provisions of TSCA until other Federal agencies have received reports and have had an opportunity to respond under other Federal laws. Directs the Administrator, at least 20 days before proposing action to prevent or reduce an unreasonable risk, to give notice of such intended action to any other agency that administers a Federal law under which such risk might be prevented. Repeals requirements that the Administrator use authorities contained in other Federal laws to prevent or eliminate specified risks before using authority under TSCA. Revises TSCA confidentiality provisions. Provides that the disclosure of specified information relating to hazardous waste treatment, storage, or disposal is not prohibited under TSCA. Requires that a full and complete explanation of the reasons that each item of data submitted under specified TSCA provisions is entitled to confidentiality accompany any designation of such data as confidential. Shortens the waiting period for release of information from 30 days to 15 days in the case of specified data. Provides that the five-day deadline for publication of specified information required to be disclosed to the public shall be suspended: (1) for a period of ten days, if a designation of confidentiality is made; or (2) until the resolution of any disagreement of the Administrator with the designation of any item of such information as confidential. Provides that the 90-day waiting period before manufacturing or processing shall begin on the date on which an agreement is reached regarding a designation of confidentiality by a person submitting a manufacturing or processing notice. Increases criminal penalties under TSCA. Requires that any rulemaking proceeding for a chemical substance or mixture on the priority list be completed within 18 months after the date of enactment of this Act or the date on which such proceeding began, whichever is later. Includes jurisdiction over enforcement proceedings under provisions for judicial review of specified rules under TSCA. Authorizes appropriations to the Administrator for TSCA for FY 1985 through 1987.
Bill· HRH.R. 4281 (98th)open
United States · United States Congress · 2 November 1983
Directs the Administrator of the Environmental Protection Agency to make grants to the city of Pittsburgh, Pennsylvania, to pay 100 percent of the costs of constructing a portion of the Saw Mill Run relief sewer in such city.
Bill· HRH.R. 4270 (98th)referred
United States · United States Congress · 1 November 1983
Amends the Marine Protection, Research, and Sanctuaries of 1972 to require anyone dumping dredged material into the Long Island Sound to first obtain a dumping permit from the Administrator of the Environmental Protection Agency (Previously only those dumping more than 25,000 cubic yards were required to obtain permits).
Bill· SS. 2023 (98th)referred
United States · United States Congress · 28 October 1983
Mobile Source Emission Control Protection Act - Amends the Clean Air Act to prohibit any person from: (1) offering for sale any device for the purpose of rendering inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under such Act following its sale and delivery to the ultimate purchaser; or (2) from manufacturing any device capable of being used for such purpose which is being offered for sale for such purpose within the privity and knowledge of such person.
Bill· SS. 2006 (98th)open
United States · United States Congress · 26 October 1983
Nonpoint Source Pollution Management Act of 1983 - Amends the Clean Water Act ("the Act") (also known as the Federal Water Pollution Control Act) to provide for a nonpoint source pollution management program. Requires each State, by itself or in combination with other States and after notice and opportunity for public comment, to submit a proposed nonpoint source pollution management program to the Administrator of the Environmental Protection Agency within 18 months after the enactment of the Clean Water Act Amendments of 1983. Requires that such proposed State program: (1) identify waters within State boundaries which, without additional action to control nonpoint sources of pollution, cannot be reasonably expected to attain or maintain applicable water quality standards or the goals and requirements of the Act; (2) designate categories or subcategories of nonpoint sources of pollution or, where appropriate, particular nonpoint sources, that contribute significant pollution loadings to such identified waters; (3) identify best management practices which will be undertaken to reduce pollutant loadings resulting from each designated category, subcategory, or particular nonpoint source; (4) identify programs to achieve implementation of such best management practices; (5) include a schedule containing annual milestones for utilization of program implementation methods and implementation of best management practices at the earliest practicable date; (6) include a statement by the State attorney general, or attorney for the State water pollution control agency, that State laws provide adequate authority to carry out the program, or a schedule and commitment by the State to seek such authorities as expeditiously as practicable; and (7) include an indentification of Federal financial assistance programs and Federal development projects for which the State will review individual assistance applications or development projects for their effect on water quality, pursuant to specified procedures, to determine whether such applications or projects would be consistent with and further the purposes and objectives of the program. Allows the State, in developing such program to rely upon specified information and utilize appropriate elements of waste treatment management plans. Allows the State, in developing and implementing such program, to make use of local agencies or organizations. Sets forth procedures and deadlines for revisions and approval or disapproval by the Administrator of such proposed or revised State programs. Directs the Administrator to report to the Congress on actions taken with regard to any State which fails to submit a program which meets specified requirements. Directs the Administrator to award grants to assist States in the implementation of approved management programs. Limits such grants to 75 percent of program implementation costs in any fiscal year. Requires that non-Federal sources provide at least 25 percent of such costs. Provides that two-thirds of the funds appropriated in any fiscal year for such grants shall be allotted among States according to a specified table of percentage allotments. Provides that one-third of such appropriations shall be made available to the Administrator who shall make grants in response to applications from States if the Administrator determines such grants are necessary and appropriate to assist such States in: (1) controlling particularly difficult or serious nonpoint source pollution problems, including those resulting from mining; (2) implementing innovative methods or practices for controlling nonpoint sources of pollution, including both regulatory or nonregulatory programs where appropriate; (3) controlling interstate nonpoint sources pollution problems; or (4) providing financial assistance, limited to a specified amount, for approved management program implementation by an Indian tribe within the reservation. Sets forth provisions for reallotment of State allotments. Permits States to use such grant funds for financial assistance to persons only to the extent that such assistance is related to the cost of demonstration projects. Prohibits such a grant to any State unless the Administrator determines that the State is implementing such program satisfactorily. Authorizes the Administrator to request information, data, and reports necessary for determination of continuing eligibility for such grants. Authorizes appropriations to carry out the nonpoint source pollution management program for FY 1985 through 1987. Requires each State to report annually to the Administrator on: (1) its progress in meeting the schedule of milestones; and (2) where appropriate information is available, reductions in nonpoint source pollutant loadings and improvements in water quality resulting from implementation of the management program. Directs the Administrator to transmit to the Office of Management and Budget and the appropriate Federal departments and agencies a list of those assistance programs and development projects identified by States for which individual assistance applications and projects will be reviewed. Requires each Federal department and agency, within 60 days after receiving such notification, to: (1) modify existing regulations to allow States to conduct such review; and (2) accommodate the concerns of the State regarding the consistency of such applications or projects with the State program. Directs the Administrator to collect and make available information pertaining to management practices and implementation methods. Directs the Administrator, within 36 months of enactment of the Clean Water Act Amendments of 1983, to report on: (1) management programs being implemented by the States by types and amount of affected waters, categories and subcategories of nonpoint sources, and types of best management practices being implemented; (2) State experiences in adhering to schedules and implementing best management practices; (3) the amount and purpose of grants awarded; (4) progress in reducing pollutant loads and improving water quality in the waters of the United States; and (5) what further actions need to be taken to attain and maintain in those waters applicable water quality standards and the goals and requirements of the Act. Revises provisions relating to agreements among Federal agencies to include a reference to approved nonpoint source pollution management programs.
Bill· SS. 2012 (98th)referred
United States · United States Congress · 26 October 1983
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to require that cleanup actions begin whether or not negotiation is concluded. Directs the President to commence remedial actions within 60 days of notification of responsible parties, and thereafter seek reimbursement for the costs of such remedial actions, under specified conditions. Revises provisions relating to the Federal and State shares for costs of operation and maintenance of such remedial actions. Requires that the State pay or assure payment of: (1) ten percent of the capital, future operation, and future maintenance costs of the remedial action; or (2) 50 percent of the capital, future operation, and future maintenance costs of the remedial action relating to a release at a facility that was owned and primarily used for the treatment, storage, or disposal at the time of any disposal of hazardous substances in such facility, by the State or local government. Provides for the use of State or local funds for additional remedial actions. Directs the President to approve a more costly remedial action than the one already chosen, if the State or local government informs the President that it believes conditions at a site require such more expensive action. Requires the State or local government to pay or assure payment of 90 percent of that portion of the costs of such remedial action which exceeds the costs of the one already chosen by the President. Authorizes the President to seek the advice of one or more consultants expert in the field of public health or remedial action in the selection of appropriate remedial action at a particular site, incident or group of sites. Limits the State share of cleanup costs at facilities owned by a State or local government to those facilities primarily used for treatment, storage, or disposal at the time of any disposal of hazardous substances at such facilities by the State or local government. Provides that, for purposes of the State share of cleanup costs at facilities owned by a State or local government, "facility" does not include navigable waters or the beds underlying those waters. Provides that State or local contribution of ten percent or 50 percent of remedial costs, as appropriate, shall constitute full satisfaction of any claims which the Superfund may have against the State and local government. Revises provisions relating to the statute of limitations on claims and actions for damages under such Act. Requires that such claims be presented or action commenced within three years from the date of discovery of the loss or the date on which final regulations are promulgated implementing the provision of such Act under which the claims or action is brought. Provides for reimbursement credits for State remedial actions taken before the date on which a Superfund contract or cooperative agreement is executed between the State and the United States. Repeals specified provisions which prohibit, with specified exceptions, requiring any person to contribute to any fund with a similar purpose of that of Superfund. (Thus this Act provides that no Federal preemption exists with respect to taxation or contributions to State funds similar to Superfund.) Authorizes any State to bring an action in any U.S. district court within such State to require the President or the President's delegate to take any action required to be taken under title I (Hazardous Substances Releases, Liability, Compensation) of such Act. Grants the court the power to require the President or the President's delegate to take such action if the court finds that the President is required under title I to take such action. Permits the transfer of State credit for independent response actions to any other release for which remedial action is authorized.
Bill· SS. 2001 (98th)referred
United States · United States Congress · 25 October 1983
National Acid Deposition Reduction Act of 1983 - Title I: Acid Deposition Control Program - Amends the Clean Air Act ("the Act") to establish an acid deposition control program. Requires that a reduction in annual emissions of sulfur dioxide in an acid deposition impact region (consisting of the 31 States, and the District of Columbia, east of or bordering on the Mississippi River) of 10,000,000 tons from the total actual annual level in 1980 of such emissions. Requires that this be a phased reduction and completed no later than January 1, 1993. Prohibits, beginning January 1, 1993, the total actual annual level of emissions of sulfur dioxide from stationary sources from being allowed to exceed 16,600,000 tons per year nationwide. Directs the Administrator of the Environmental Protection Agency (EPA), to publish, by January 1, 1985, an inventory and projection of sulfur dioxide and nitrogen oxide emissions for the United States, including (in tons): (1) 1980 emissions of sulfur dioxide and nitrogen oxides from each major stationary source within the 50 States, by source and State; (2) 1980 emissions of nitrogen oxides from mobile sources for each of the 50 States, by type of mobile source; (3) 1980 emissions of sulfur dioxide or nitrogen oxides from other than major stationary or mobile sources; (4) emissions of sulfur dioxide and nitrogen oxides from major stationary sources within the United States beginning operation after December 31, 1980 and before January 1, 1987; (5) additional increments of emissions of sulfur dioxide and nitrogen oxides above 1980 emissions rates for major stationary sources in operation on or before December 31, 1980; (6) additional increments of emissions of sulfur dioxide and nitrogen oxides from mobile sources and other than major stationary sources which are projected to occur after December 31, 1980 and before January 1, 1993; (7) additional increments of sulfur dioxide and nitrogen oxides emissions which will occur at major stationary sources as a result of increasing plant utilization above 1980 levels and which are not subject to certain emissions limitations under specified provisions of this Act; and (8) an estimate of the gross tons of reductions in annual emissions of sulfur dioxide that are necessary to achieve a net reduction of 10,000,000 tons from the 1980 actual annual emissions of sulfur dioxide in the acid deposition impact region. Directs the Administrator to annually update such inventory and projection. Sets forth provision for an emissions cap and offsets. Prohibits any major stationary source which is in operation before 1987 from increasing its actual rate of emissions of sulfur dioxide over its 1980 level, unless there has been identified for such source a simultaneous net reduction in sulfur dioxide emissions at one or more sources in the same EPA administrative region in excess of the proposed increase in emission rate, and not otherwise required by a State implementation plan or under specified provisions of this Act. Requires that, for each major stationary source beginning operations after January 1, 1987, there shall be identified for such source a simultaneous net reduction in emissions of sulfur dioxide at one or more sources in the same EPA region in excess of the proposed emission rate for that source, and not otherwise required by a State implementation plan or under specified provisions of this Act. Provides that, for purposes of such emissions cap and offsets, a major stationary source beginning operation after January 1, 1987, and which commenced construction before January 1, 1984, shall be considered: (1) to be in operation before January 1, 1987; and (2) to have actual annual emissions not in excess of specified standards of performance under the Act. Provides that, for purposes of the emissions cap and offsets for major stationary sources in operation before January 1, 1987, actual annual emissions may exceed 1980 emissions if the additional increment of emissions results from increasing plant utilization above 1980 levels, but in no case may the actual annual emissions used to determine whether an emissions increase has occurred exceed the emissions rate that would result by multiplying the 1980 emissions rate by a plant utilization factor equal to the average level of production experienced by such source during the period from January 1, 1970 through December 31, 1980 (or the portion of such period during which such source was in operation), divided by the level of production experienced by such source in 1980. Requires States to assure: (1) compliance which such emissions cap and offsets requirements; and (2) the provision of emission reduction banks and brokerage institutions authorized under State implementation plan and acid deposition control provisions. Sets forth provisions for a priority list and emissions limitations. Directs the Administrator to publish, by January 1, 1986, a priority list of proposed control strategies for sulfur dioxide emissions reductions: (1) at major stationary sources which began operation prior to enactment of this Act; and (2) for which the Administrator intends to provide assistance by the use of funds available under the trust fund established by title II of this Act. Allows such control strategies to include specified methods or projects for net emission reduction, in addition to certain continuous emissions reductions measures, if emissions limitations under such methods or projects are enforceable by the Federal Government, States other than those in which the emissions occur, or citizens under provisions for citizen suits under the Act. Sets forth other requirements relating to such priority list. Authorizes the Administrator to limit the number of projects on the priority list which rely on fuel switching, if substantial unemployment or economic dislocation might otherwise result. Authorizes the Administrator to include on the priority list control strategies for emissions reductions by sources outside the acid deposition impact region under specified conditions relating to acid deposition or air quality improvement. Requires each State, within 12 months after publication of the priority list, to adopt enforceable measures, including emissions limitations and compliance schedules, to achieve the reductions in sulfur dioxide emissions set forth on the priority list for each source within such State. Directs each State Governor to submit such measures to the Administrator for review, and to the Governors of all States in the acid deposition impact region for comment. Directs the Administrator to approve such measures within six months, taking into consideration the comments of Governors of the other States, if specified conditions are met. Provides that such measures shall be deemed State implementation plan requirements. Requires each major stationary source identified for such a control strategy to be in compliance with such an emission limitation by January 1, 1993, but does not require any such source to implement a particular control strategy, provided that the emission limitation is achieved. Directs the Administrator to use funds available under the trust fund established under title II of this Act to pay up to 70 percent of the capital costs necessary to implement the control strategies identified in the priority list. Sets forth conditions for such assistance. Directs the Administrator to use funds available under such trust fund to pay up to 30 percent of the operation and maintenance costs necessary to implement such control strategies. Sets forth conditions for such assistance. Directs the Administrator, within 12 months after the publication of the priority list, to enter into binding agreements with the owners and operators of all sources with a control strategy included on the priority list. Sets forth requirements relating to such agreements. Limits to five percent of the funds available under such trust fund the amount which may be used to assist specified air quality improvement projects outside the acid deposition impact region. Allows up to two percent of the funds available under such trust fund to be used for the development and demonstration of sulfur dioxide emission control technologies or to conduct specified research under the Energy Security Act of 1980. Sets forth alternative reduction requirements which shall apply to all fossil-fuel-burning electric generating facilities which are major stationary sources located within: (1) the acid deposition impact region, if the Administrator fails to publish the priority list by January 1, 1986; or (2) any State, if such State fails to promulgate emissions limitations and compliance schedules as required under this Act. Title II: Acid Deposition Reduction Trust Fund - Establishes within the Treasury of the United States the Acid Deposition Reduction Trust Fund, consisting of such amounts as may be appropriated or transferred to the trust fund under this title. Appropriates to the trust fund amounts determined by the Secretary of the Treasury to be equivalent to the revenues received in the Treasury under the taxes imposed by this title. Provides that amounts in the trust fund shall be available only for expenditures relating to control strategies under title I. Imposes a tax on: (1) sulfur dioxide emissions from major stationary sources; (2) nitrogen oxides emissions from major stationary sources; and (3) nitrogen oxides emissions from motor vehicles and other mobile sources, including aircraft, railroad locomotives, and heavy construction equipment, without regard to whether it is capable of being relocated. Provides that such tax shall take effect on January 1, 1985, and terminate December 31, 1994. Directs the Secretary, after consultation with the Administrator, to establish such tax rates so that the total received during the period such tax is in effect shall be $40,000,000,000. Requires that: (1) two-thirds of such amount will be received from the tax on sulfur dioxide emissions from major stationary sources; (2) one-sixth of such amount will be received from the tax on nitrogen oxides emissions from major stationary sources; and (3) one-sixth of such amount will be received from the tax on nitrogen oxides emissions from motor vehicles and other mobile sources. Provides that the taxes on sulfur dioxide and nitrogen oxides emissions from major stationary sources be paid by the operator of each such source. Provides that the portion of the tax imposed on nitrogen oxides emissions attributable to light-duty motor vehicles shall be paid at the time of first sale by the ultimater purchaser of each such vehicle sold in the United States after December 31, 1984. Provides that the portion of the tax on nitrogen oxides emissions attributable to mobile sources other than light-duty motor vehicles shall be paid by the owner of each such mobile source on an annual basis. Authorizes the Secretary to adjust such tax rate in the light of accumulated experience. Makes such adjustments effective on January 1 of 1987, 1990, or 1993. Authorizes the Secretary to modify such tax rate with respect to the operator of a specific fossil-fuel-burning electric generating facility which will be installing a technological system of continuous emission reduction to comply with certain emission limitations during the period such tax will be in effect. Requires that such modification establish a tax of equal annual amounts during such period, based on the average of emission levels expected prior to and subsequent to the installation and operation of such technological system. Authorizes the Secretary to establish such tax rates on sulfur dioxide and nitrogen oxides emissions from major stationary sources on the basis of ranges of quantities of such pollutants emitted from a class of such sources, in lieu of a strict per-unit-of-weight rate, if it is enforceable and produces adequate revenue, without imposing monitoring costs which bear no reasonable relationship to the revenues received from such sources. Sets forth administrative provisions relating to the trust fund. Authorizes the Secretary to allow a source to make annual payments of equal amounts in those cases where a source otherwise would be required prior to installation of control technology to make payments substantially greater than payments after the installation of such technology. Allows such a source, if it is one which would receive assistance from the trust fund, to escrow its tax payments if such action would levelize electricity rate charges.
Bill· HRH.R. 4192 (98th)open
United States · United States Congress · 21 October 1983
Title I: Risk Assessment Research and Development - Risk Assessment Research and Demonstration Act of 1983 - Directs the President to establish and direct coordinated projects which shall be designed to: (1) improve the use of risk assessment within Federal agencies; (2) develop a systematic approach to the use of risk assessment by Federal agencies; (3) identify research needed to improve risk assessment; and (4) bring public awareness to the nature of regulated risks. Directs the President to designate an agency or agencies to coordinate the projects. Directs the coordinating agencies to submit a report to Congress which includes: (1) a review of the risk assessments presently being carried out in Federal agencies; (2) recommendations for sharing research results among Federal agencies; (3) a proposal for the risk assessment demonstration projects required by this Act to be undertaken by specified Federal agencies; and (4) identification of the areas where the use of the results of a risk assessment is required, encouraged, limited, or prohibited by current law, regulation, or practice. Requires specified Federal agencies to recommend to the coordinating agencies research projects relating to risk assessment. Directs the coordinating agencies to report to Congress with recommendations concerning risk assessment. Title II: Central Board of Scientific Risk Analysis - Central Board of Scientific Risk Analysis Act of 1983 - Authorizes an agency designated by the President to enter into a cost-plus-fixed-fee contract with the National Academy of Sciences to establish within the National Research Council a Board of Scientific Risk Analysis. Directs the Academy, through the Board, to: (1) issue and revise scientific principles and practices for risk analysis; (2) review analyses made by Federal agencies; and (3) make recommendations to agencies on research needed in risk analysis. Requires an agency, before taking regulatory action based on a risk assessment concerning a hazardous substance and involving scientific issues that the agency determines are of national importance, to submit the risk analysis part of such assessment to the Director of the Office of Science and Technology Policy for possible referral to the Board for review. Requires the Director to make such referral and publish notice of such review if the Director and the Academy concur with the agency's determination. Requires the Academy: (1) through the Board, to review such analysis expeditiously; (2) to submit a review timetable to the Director for publication, along with an invitation for public comment, in the Federal Register; and (3) to submit to the agency and provide to the public a report on such analysis. Provides that nothing contained in the Academy's reports shall be binding on any agency, but requires any agency that fails to act in accordance with the Academy's findings to publish a justification for such failure. Authorizes appropriations.
Bill· HRH.R. 4108 (98th)open
United States · United States Congress · 6 October 1983
Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to add provisions relating to Chesapeake and Narragansett Bays. Directs the Administrator of the Environmental Protection Agency (EPA) to continue the Chesapeake Bay program and to establish and maintain in the EPA an Office, Division, or Branch of Chesapeake Bay Programs to: (1) collect and disseminate research and other information on the environmental quality of the Bay; (2) coordinate all Federal research projects pertaining to the Bay; (3) conduct research on sediment deposition in the Bay; and (4) conduct research on natural and man-induced environmental changes' impact on the living resources of the Bay, with particular emphasis on the impact of pollutant loadings of nutrients, chlorine, acid precipitation, dissolved oxygen, and toxic pollutants, including organic chemicals and heavy metals, and with special attention to the impact on the striped bass. Directs the Administrator, at the request of the Governor of a State affected by the interstate management plan developed under the Chesapeake Bay program, to make a grant to implement management mechanisms in the plan if the State has, within one year after the date of enactment of this Act, approved and committed to implement all or substantially all aspects of the plan. Requires a State or combination of States to submit a description of proposed abatement actions and estimated costs for the approval of the Administrator. Limits such grants to 55 percent of the plan implementation costs in any year and requires non-Federal sources to provide the remainder of such costs during such fiscal year. Limits administrative costs to ten percent of the annual Federal grant to a State. Requires States to submit progress reports in conjunction with the EPA to the Congress within 18 months after the receipt of such grants. Directs the Administrator, at the request of the Governor of an affected State and after consultation with appropriate Federal and State agencies and other interested persons, to make a grant for purposes of assessing the principal factors having an adverse effect on the environmental quality of the Narragansett Bay, as perceived by both scientists and users, in conjunction with developing and implementing a management program to improve such Bay's water quality. Requires States to submit descriptions of the proposed programs for the approval of the Administrator. Directs the Administrator to approve such programs if the applicant State demonstrates that it will: (1) establish a committee to provide advice on design and implementation of a management program and to coordinate communication on issues affecting such Bay's water quality; (2) coordinate research and pollution abatement programs to address adverse water quality factors; (3) establish methods for improving sampling data collection and a system for collecting, analyzing, storing, and disseminating such data; and (4) develop, and implement within three years after enactment of this Act, water quality management practices and measures (including land use requirements) to reduce to the greatest extent feasible pollutant loadings in such Bay and to improve its water quality. Limits such grants to 55 percent of the program implementation costs and requires non-Federal sources to provide the remainder. Requires States to submit descriptions of the proposed programs for the approval of the Administrator. Requires States to submit progress reports to the Administrator, within two years after issuance of such grants and annually thereafter. Authorizes appropriations for FY 1984 through 1987 for such Chesapeake and Narragansett Bays programs.
Bill· HRH.R. 4037 (98th)open
United States · United States Congress · 29 September 1983
Amends the Federal Water Pollution Control Act ("the Act") (also known as the Clean Water Act) to provide for State nonpoint source control reports and plans and grants to States for implementation of such plans. Directs the Governor of each State, within 270 days after the enactment of this Act, to prepare and submit for the approval of the Administrator of the Environmental Protection Agency a report on: (1) those portions of the navigable waters within a State that, as a result of pollution from nonpoint sources in whole or in part, are not meeting applicable water quality standards or are not attaining a water quality which ensures protection of public health, use and value for water supply, agricultural, industrial, and other purposes, and propagation of a balanced indigenous population of shellfish, fish, wildlife, and plants and which allows recreational activities in and on the water; (2) those categories and subcategories of nonpoint sources which add significant pollutant loadings to each portion of such waters in amounts which contribute to nonattainment of such water quality or standards; (3) State and local programs for controlling pollutant loadings added from nonpoint sources to such waters, including but not limited to programs receiving Federal assistance under this Act; and (4) the process, including intergovernmental coordination and public participation, for identifying best management practices and measures to control such categories and subcategories of nonpoint sources and to reduce, to the maximum extent practicable, the level of pollution resulting from such categories and subcategories. Requires annual written updates of such reports. Requires that such reports and updates be based on available information. Permits such reports or updates to include all or part of an approved existing water quality management program. Directs the Governor of each State, within 270 days after the enactment of this Act, to prepare and submit for the approval of the Administrator: (1) a plan, developed in cooperation with local agencies and organizations with expertise in control of nonpoint sources of pollution, which the State proposes to implement in the four-fiscal-year period beginning after the date of submission of the report for controlling pollutant loadings added from nonpoint sources to navigable waters within the State; and (2) a report identifying each Federal department, agency, or instrumentality which will be engaging in, supporting, or providing financial assistance for any activity or program within the State during such four-fiscal-year period and which would be inconsistent with plan implementation, and recommending appropriate administrative modification of such program or activity. Requires that such plans include: (1) a list of those waters in the order in which the State plans to begin control during such period, and of those categories and subcategories for which control measures are to be implemented; (2) a description of proposed best management practices to be implemented in each fiscal year of such period; (3) a schedule requiring each category and subcategory to implement such practices as expeditiously as possible, indicating estimated dates for such implementation; (4) an identification of methods to encourage, assist, or require such implementation; (5) an identification, description, and estimated cost of practices and measures to be implemented with Federal assistance under this Act in each such year; (6) an identification of other sources of Federal and other assistance available in each such year for supporting such proposed State programs and a description of the purposes for which such assistance will be used; and (7) a certification by the State attorney general or the head attorney of the State water pollution control agency that State laws provide adequate authority to carry out such programs or a list of any additional authority needed. Requires annual updates of the information on sources of assistance. Requires each State to report annually to the Administrator on activities and programs carried out under the plan in the preceding fiscal year and the progress made in meeting the schedule. Directs the Administrator to consolidate and submit recommendations for modifications of Federal activities and programs submitted by the States to the appropriate Federal departments, agencies, and instrumentalites. Directs such entities to carry out their activities and programs in a manner consistent with the approved State plan and helpful to its implementation. Requires States to utilize local agencies and organizations with expertise in nonpoint source pollution control, to the maximum extent practicable, in identifying and implementing best management practices and measures. Sets forth procedures and deadlines for approval, disapproval, or revision of reports, plans, and updates. Directs the Administrator to provide technical assistance to local agencies or organizations in developing plans, whenever a State fails to submit or the Administrator does not approve a plan. Makes such local agencies or organizations eligible to receive implementation assistance after development of such plan. Directs the Administrator, upon State request, to provide technical assistance to a State in developing a plan. Sets forth requirements for State petitions, interstate management conferences and agreements, and State plans for reduction of interstate water pollution from nonpoint sources. Directs the Administrator, upon State application, to make grants to each State for which a report, or update, and a plan is approved for any fiscal year. Provides that such grants shall be made to carry out in any fiscal year such plan for controlling nonpoint source pollution of navigable waters. Makes the Federal share equal to 50 percent of the cost of each plan. Limits administrative costs (except costs of implementing enforcement and regulatory activities, education, training, technical assistance, or technology transfer programs) to ten percent of the grant amount. Sets forth maintenance of effort requirements for such grants. Limits to 15 percent of the amount appropriated for such grants the amount which may be used to make grants to any one State, including any grants to any local agency or organization with authority to control pollution from nonpoint sources in any area in such State. Authorizes appropriations for such grants for FY 1984 through 1988. Directs the Administrator, by January 1, 1985, and each January 1 thereafter, to report to specified congressional committees on the activities carried out under this Act for the preceding fiscal year and the progress made in reducing nonpoint source pollution in the navigable waters. Directs the Administrator, by January 1, 1988, to transmit a final report to Congress on the activities carried out under this Act, with specified analyses and recommendations. Directs the Administrator to maintain personnel levels at the Environmental Protection Agency which are adequate to carry out this Act. Includes plans approved under this Act under provisions of the Act for agreements with the Secretaries of Agriculture, Army, and the Interior to provide maximum utilization of programs to achieve and maintain water quality. Extends through FY 1988 the authorization of appropriations for transfers of funds relating to such agreements.
Bill· HRH.R. 3965 (98th)open
United States · United States Congress · 22 September 1983
Declares the Rocky River Wastewater Treatment Plant, Rocky River, Ohio, eligible for reimbursement under the Federal Water Pollution Control Act.
Bill· HRH.R. 3904 (98th)open
United States · United States Congress · 15 September 1983
Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to allow any State to prepare and submit for approval to the Administrator of the Environmental Protection Agency: (1) a survey of water quality deterioration in the State which has resulted from acid deposition; and (2) methods and procedures to restore the water quality insofar as it has deteriorated as a result of acid deposition. Directs the Administrator to provide financial assistance to States to carry out such approved methods and procedures. Limits the amount of any such grant to 80 percent of the State expenditure for carrying out the approved methods and procedures. Directs the Administrator to provide for equitable distribution of such grants on the basis of the relative need of each State for the restoration of water quality which has deteriorated as a result of acid deposition. Provides that such grants shall be in addition to, and not in lieu of, any other Federal assistance. Authorizes appropriations to carry out this Act for FY 1984 through 1988.
Bill· SS. 1779 (98th)open
United States · United States Congress · 4 August 1983
Hazardous Waste Reduction Act of 1983 - Title I - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the Superfund Act) to authorize the Administrator of the Environmental Protection Agency (EPA) to make grants to States to assist States in: (1) carrying out hazardous waste enforcement programs under the Solid Waste Disposal Act; (2) carrying out remedial actions and other response measures necessary with respect to the release, or substantial threat of release, of any pollutant or contaminant from a facility not on the 400 top priority known response targets list but which the State determines may present an imminent and substantial danger to the public health or welfare; and (3) providing technical assistance to companies engaged in the recycling of hazardous substances. Requires that at least $200,000,000 of the amounts appropriated to the Hazardous Substance Response Trust Fund shall be reserved to make such grants to States. Revises provisions for audits by each Inspector General of each department or agency delegated responsibility to obligate money in the Hazardous Substance Response Trust Fund. Directs each such Inspector General to report annually to the President and the Congress on such auditing of the Fund and to specifically identify any improper uses of the Fund. Provides for reimbursement to the Fund for any improper expenditures. Extends through FY 1995 the authorization of appropriations for the Fund. Increases the yearly amount of such authorization of appropriations for FY 1986 through 1995 (above the yearly amount currently authorized through FY 1985). Amends the hazardous waste management provision of the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to establish a hazardous waste quantity assessment program. Directs the Administrator, in cooperation with the Secretary of the Treasury and the States, to develop and implement methods of estimate the quantities of hazardous waste which are generated in each calendar year, on the basis of specified data. Directs the Administrator to report at least annually to the Congress, comparing the quantities of hazardous waste estimated to have been generated during the preceding calendar year and the quantities of waste on which the recycling incentive tax on disposal of hazardous wastes was paid. Title II - Amends the Internal Revenue Code to replace (effective October 1, 1985) the environmental taxes on petroleum and chemical feedstocks with a recycling incentive tax on disposal of hazardous wastes (effective for FY 1985 through 1995). Sets forth tables for determining the amount of such tax. Distinguishes between: (1) toxic and nontoxic hazardous waste; (2) waste disposal before and after the end of FY 1990; and (3) disposal of waste and storage of waste for more than one year. Imposes such tax on the person disposing of such waste. Sets forth requirements for records, statements, and returns relating to such tax. Authorizes the Secretary of the Treasury to prescribe any such requirements, as necessary, for persons involved in the treatment, storage, or disposal of hazardous wastes. Extends through FY 1995 the authority to collect taxes conferred by the Superfund Act.
Bill· SS. 1774 (98th)referred
United States · United States Congress · 4 August 1983
Federal Insecticide, Fungicide, and Rodenticide Reform Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act expand the definition of "active ingredient" to include any ingredient of a pesticide which will endanger human beings. Revises Environmental Protection Agency (EPA) information requirements for pesticide registration. Provides that waivers and variation in data requirements may be granted only if the advisability of the waiver or variation is clearly established. Requires the Administrator of EPA to make the data submitted in support of registration applications and petitions to establish tolerances publicly available. Specifies the procedures and provisions governing the joint development and sharing of defensive data as required by the Administrator to fill a data gap. Extends the application comment period from 30 to 90 days. Requires the Administrator, when registering a pesticide, to make a written determination of active and inert ingredients. Requires the Administrator to consider potential chronic health effects in determining whether a pesticide will endanger human beings. Eliminates the Administrator's authority to waive efficiency data requirements. Requires the Administrator to publish in the Federal Register a summary of the factual basis supporting registration actions. Requires, rather than allows, the Administrator to deny registrations when certain requirements are not met. Prohibits the Administrator from granting a conditional registration for a previously canceled or suspended pesticide. Requires the Administrator to make the data submitted in support of a conditional registration publicly available. Repeals provisions specifying the conditions which must be met before initiating an interim administrative review. Directs the Administrator, in all decisions pertaining to classification, to consider the potential contamination of groundwater in determining whether a pesticide should be classified for restricted use. Provides that registration of a pesticide constitutes prima facie evidence that such pesticide is in compliance only if the active ingredient has been registered after enactment of this Act or re-registered since October 21, 1972, and provided that a cancellation proceeding is not in progress and that no required studies are outstanding. Requires the Administrator to publish in the Federal Register a list of pesticide active ingredients not re-registered since September 31, 1978, in order of their priority for re-registration, and a list of active ingredients and data gaps. Requires the Administrator to issue a notice of intent to suspend a pesticide's registration if there are outstanding data gaps on the pesticide and the Administrator has failed to include the ingredient on the re-registration priority list. Provides that a registrant must conduct studies to fill data gaps and report the results of the studies to the Administrator within three years of the publication of the list and data gaps. Requires the Administrator to issue regulations specifying what tests shall be undertaken on inert ingredients. Allows information on inert ingredients to be disclosed under specified circumstances. Revises requirements for restricted use certification. Eliminates provisions that prohibit a State from requiring a written examination as part of the certification process. Prohibits the Administrator from granting an experimental use permit if the use has previously been canceled, suspended, or voluntarily withdrawn for health or environmental reasons. Requires the Administrator to revoke an experimental use permit if such permit will not yield certain registration data. Authorizes the Administrator to immediately issue a notice of intent to cancel a pesticide's registrations, or revoke tolerances, if it appears that false, misleading, or inaccurate supporting information has been submitted. Requires, rather than allows, the Administrator to issue a notice of intent to hold a hearing or cancel a pesticide's registration if it may reasonably be expected to endanger human beings (including children permitted to work in areas treated with pesticides). Restricts the scope of a hearing held to consider data not available to the Administrator either when the hearing for registration of a previously canceled use of a pesticide was terminated or upon issuance of a cancellation decision. Provides that when a use or uses of a pesticide have been canceled, suspended, or voluntarily withdrawn because of health or environmental concerns, such use or uses shall not be eligible for registration unless there are no alternatives to control new or expanding pest infestation. Authorizes the Administrator to issue commercial applicators' recordkeeping regulations. Repeals certain EPA indemnification provisions. Establishes a private right of action against any person (including the United States or any other governmental instrumentality or agency), or against the Administrator for violations under this Act. Specifies time limits and conditions for such an action. Revises the foreign government notification requirement to include cases where a pesticide's registration has been voluntarily withdrawn. Authorizes an Administrator to grant a public health danger exemption to a State or Federal agency when no other pesticide alternatives are available. Provides that such an exemption may not be issued for more than one year or renewed more than twice. Revises requirements regarding the comprehensive national plan for monitoring pesticides. Provides that the plan shall be proposed by rule not later than June 1, 1984, and be effective not later than October 1, 1984. Transfers responsibility for regulating occupational exposure to pesticides to the Occupational Safety and Health Administration. Authorizes States to impose or continue in effect requirements for pesticide labelling or packaging in order to enforce a prohibition on the use of a federally registered pesticide or device in the State. Eliminates the Administrator's discretion to disapprove a special local need registration that is inconsistent with the Federal Food, Drug, and Cosmetic Act. Allows a rebuttable presumption that a special local need for a pesticide does not exist if five or more States seek the same pesticide for the same local need. Revises provisions pertaining to the appointment of members of the Scientific Advisory Panel. Directs the Administrator to appoint members from specified scientific disciplines. Requires the Administrator to promulgate safe use regulations within one year. Allows States to impose enforcement provisions and regulations more stringent than required by Federal law. Allows States two years to adopt an enforcement program responsive to the new requirements and regulations established pursuant to the new requirements and regulations established pursuant to the National Pesticide Hazard Prevention Act. Directs the Administrator to collect registration fees. Provides certain protections for employees who have commenced actions, testified, or otherwise participated in an enforcement action or complaint. Authorizes the Administrator to establish and enforce standards for indoor human exposure to pesticides. Makes certain technical and conforming amendments.
Bill· HRH.R. 3818 (98th)open
United States · United States Congress · 4 August 1983
Federal Insecticide, Fungicide, and Rodenticide Reform Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to expand the definition of "active ingredient" to include any ingredient of a pesticide which will endanger human beings. Revises Environmental Protection Agency (EPA) information requirements for pesticide registration. Provides that waivers and variation in data requirements may be granted only if the advisability of the waiver or variation is clearly established. Requires the Administrator of EPA to make the data submitted in support of registration applications and petitions to establish tolerances publicly available. Specifies the procedures and provisions governing the joint development and sharing of defensive data as required by the Administrator to fill a data gap. Extends the application comment period from 30 to 90 days. Requires the Administrator, when registering a pesticide, to make a written determination of active and inert ingredients. Requires the Administrator to consider potential chronic health effects in determining whether a pesticide will endanger human beings. Eliminates the Administrator's authority to waive efficiency data requirements. Requires the Administrator to publish in the Federal Register a summary of the factual basis supporting registration actions. Requires, rather than allows, the Administrator to deny registrations when certain requirements are not met. Prohibits the Administrator from granting a conditional registration for a previously canceled or suspended pesticide. Requires the Administrator to make the data submitted in support of a conditional registration publicly available. Repeals provisions specifying the conditions which must be met before initiating an interim administrative review. Directs the Administrator, in all decisions pertaining to classification, to consider the potential contamination of groundwater in determining whether a pesticide should be classified for restricted use. Provides that registration of a pesticide constitutes prima facie evidence that a pesticide is in compliance only if the active ingredient has been registered after enactment of this Act or re-registered since October 21, 1972, and provided that a cancellation proceeding is not in progress and that no required studies are outstanding. Requires the Administrator to publish in the Federal Register a list of pesticide active ingredients not re-registered since September 31, 1978, in order of their priority for re-registration, and a list of active ingredients and data gaps. Requires the Administrator to issue a notice of intent to suspend a pesticide's registration if there are outstanding data gaps on the pesticide and the Administrator has failed to include the ingredient on the re-registration priority list. Provides that a registrant must conduct studies to fill data gaps and report the results of the studies to the Administrator within three years of the publication of the list and data gaps. Requires the Administrator to issue regulations specifying what tests shall be undertaken on inert ingredients. Allows information on inert ingredients to be disclosed under specified circumstances. Revises requirements for restricted use certification. Eliminates provisions that prohibit a State from requiring a written examination as part of the certification process. Prohibits the Administrator from granting an experimental use permit if the use has previously been canceled, suspended, or voluntarily withdrawn for health or environmental reasons. Requires the Administrator to revoke an experimental use permit if such permit will not yield certain registration data. Authorizes the Administrator to immediately issue a notice of intent to cancel a pesticide's registrations, or revoke tolerances, if it appears that false, misleading, or inaccurate supporting information has been submitted. Requires, rather than allows, the Administrator to issue a notice of intent to hold a hearing or cancel a pesticide's registration if it may reasonably be expected to endanger human beings (including children permitted to work in areas treated with pesticides). Restricts the scope of a hearing held to consider data not available to the Administrator either when the hearing for registration of a previously canceled use of a pesticide was terminated or upon issuance of a cancellation decision. Provides that when a use or uses of a pesticide have been canceled, suspended, or voluntarily withdrawn because of health or environmental concerns, such use or uses shall not be eligible for registration unless there are no alternatives to control new or expanding pest infestation. Authorizes the Administrator to issue commercial applicators' recordkeeping regulations. Repeals certain EPA indemnification provisions. Establishes a private right of action against any person (including the United States or any other governmental instrumentality or agency), or against the Administrator for violations under this Act. Specifies time limits and conditions for such an action. Revises the foreign government notification requirement to include cases where a pesticide's registration has been voluntarily withdrawn. Authorizes an Administrator to grant a public health danger exemption to a State or Federal agency when no other pesticide alternatives are available. Provides that such an exemption may not be issued for more than one year or renewed more than twice. Revises requirements regarding the comprehensive national plan for monitoring pesticides. Provides that the plan shall be proposed by rule not later than June 1, 1984, and be effective not later than October 1, 1984. Transfers responsibility for regulating occupational exposure to pesticides to the Occupational Safety and Health Administration. Authorizes States to impose or continue in effect requirements for pesticide labeling or packaging in order to enforce a prohibition on the use of a federally registered pesticide or device in the State. Eliminates the Administrator's discretion to disapprove a special local need registration that is inconsistent with the Federal Food, Drug, and Cosmetic Act. Allows a rebuttable presumption that a special local need for a pesticide does not exist if five or more States seek the same pesticide for the same local need. Revises provisions pertaining to the appointment of members of the Scientific Advisory Panel. Directs the Administrator to appoint members from specified scientific disciplines. Requires the Administrator to promulgate safe use regulations within one year. Allows States to impose enforcement provisions and regulations more stringent than required by Federal law. Allows States two years to adopt an enforcement program responsive to the new requirements and regulations established pursuant to the National Pesticide Hazard Prevention Act. Directs the Administrator to collect registration fees. Provides certain protections for employees who have commenced actions, testified, or otherwise participated in an enforcement action or complaint. Authorizes the Administrator to establish and enforce standards for indoor human exposure to pesticides. Makes certain technical and conforming amendments.
Bill· SJRESS.J.Res. 143 (98th)referred
United States · United States Congress · 3 August 1983
Designates the week beginning June 3, 1984, as National Garden Week.
Law· SS. 1696 (98th)enacted
United States · United States Congress · 28 July 1983
Authorizes three additional Assistant Administrators of the Environmental Protection Agency.
Bill· HRH.R. 3626 (98th)referred
United States · United States Congress · 21 July 1983
Amends the Clean Air Act to define the term "motor vehicle emission control inspection and maintenance program." Prohibits the Administrator of the Environmental Protection Agency, in approving or promulgating any State implementation plan, from requiring any specific percentage of reduction in emissions to be achieved by means of a motor vehicle emission control inspection and maintenance program.
Bill· HRH.R. 3477 (98th)referred
United States · United States Congress · 30 June 1983
Amends the Clean Air Act to repeal the requirement that State implementation plans for meeting the national primary ambient air quality standard provide for periodic inspection and testing of motor vehicles.
Bill· HRH.R. 3476 (98th)referred
United States · United States Congress · 30 June 1983
Amends the Clean Air Act to repeal the new motor vehicle emission standards in certain States with respect to model years beginning after enactment of this Act. Repeals the requirement that new motor vehicles shall be sold with a production warranty and parts certification with respect to model years beginning after enactment of this Act. Requires the manufacture's performance warranty to cover the vehicle's first two years or first 24,000 miles, whichever occurs first. (Currently the warranty covers the useful life of the vehicle.) Deletes the provision which declares that no such warranty shall be invalid on the basis of any part used in the maintenance or repair of a vehicle or engine if such part was certified. Deletes the provision which defines emission control device or system for purposes of such warranty. Deletes the requirement that the maintenance instruction which the manufacturer must furnish with each new motor vehicle shall correspond to Environmental Protection Agency (EPA) regulations. Requires that the maintenance instructions provide notice that maintenance, replacement, or repair of the emission control devices and systems may be performed by any automobile automotive repair establishment or individual using any automotive part of the establishment's or individual's choosing. Deletes the waiver of the prohibition against the instructions including a condition that the purchaser must use a component or service identified by brand name or distinguishing between service performed by establishments affiliated with the manufacturer and independent establishments. Eliminates the prohibition against causing specified prohibited acts relating to the provision, use, maintenance, or inspection of emission control devices. Prohibits specified persons from knowingly removing or rendering inoperative any part or component placed in or on a motor vehicle or motor vehicle engine solely to control emissions in compliance with EPA regulations, except in connection with routine maintenance.
Bill· SS. 1536 (98th)referred
United States · United States Congress · 23 June 1983
Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to impose additional requirements which must be met in order for the Administrator of the Environmental Protection Agency to issue a waiver of the limitations on discharges of pollutants from a publicly owned treatment works into marine waters. Requires that: (1) the effluent to be discharged under the permit will receive primary treatment equivalent to the treatment necessary to remove all floating or settleable solids and to control pathogens; (2) in the case of a treatment works serving a population of 50,000 or more, with respect to any toxic pollutant introduced into such works, the applicant has in effect a pretreatment program which removes the amount of such pollutant as would be removed if there were a secondary treatment program; and (3) the effluent from such works meets specified criteria for saltwater after initial dilution. Defines the phrase "discharge of any pollutant into marine waters." Prohibits issuing such a waiver to any treatment works in any geographic area in which the Administrator has reason to believe that if all eligible treatment works of the same or lesser size were granted such waivers the collective discharges would result in a degradation in water quality. Exempts from such prohibition and permits the issuance of a waiver to such a treatment works in such an area if all the publicly owned treatment works in the area are under the jurisdiction of the same municipality or under a regional compact among municipalities and water quality will be maintained according to a specified standard. Prohibits issuing such a permit for any discharge into waters which, at the same time of the application, are significantly degraded for any significant portion of the year by pollutants from other sources. Authorizes appropriations.
Bill· HRH.R. 3400 (98th)open
United States · United States Congress · 23 June 1983
National Acid Deposition Control Act of 1983 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to establish new requirements for acid deposition control. Sets forth direct federally mandated emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which had the largest total emissions of sulfur dioxide during the calendar year 1980. Directs the Administrator of the Environmental Protection Agency to: (1) identify each such plant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btu; (2) within two months after enactment of this Act, publish a list of the 50 plants which have the largest total emissions; (3) notify the owner or operator of each of the 50 plants listed; and (4) within four months after such enactment, and after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions. Requires the owner or operator of each plant on the final list to submit to the Administrator, by January 1, 1985, a compliance schedule, including increments of progress. Directs the Administrator to approve or disapprove such schedule, within one year after submission, and after notice and opportunity for hearing. Directs the Administrator, if such schedule is not submitted by the deadline or is not approved, to promulgate a compliance schedule for such plant on January 1, 1986. Provides for modification and publication of such schedules. Requires that each compliance schedule provide that: (1) a technological system of continuous emission reduction be used for each steam generating unit in the fossil fuel fired electric utility generating plant concerned; and (2) sulfur dioxide emissions from such plant for the calendar year 1990 and each calendar year thereafter shall not exceed 1.2 pounds per million Btu heat input and ten percent of the total annual sulfur dioxide emissions during calendar year 1980 (90 percent reduction) or 0.6 pounds per million Btu and 30 percent of the total annual sulfur dioxide emissions during the calendar year 1980 (70 percent reduction). Sets forth procedures for determining plant compliance with such emission limitation. Requires that: (1) contracts be entered into for the purchase and installation of the technological systems of continuous emission reduction by January 1, 1988; (2) such systems be installed and in operation by January 1, 1990; and (3) the emission limitation be achieved for each calendar year after 1989. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to pay for 90 percent of the costs of construction and installation of the technological system of continuous emission reduction necessary for each such plant to comply with the emission limitation. Directs the Administrator, after consultation with the Secretary of the Treasury, to promulgate regulations under which such payments: (1) may be made to utilities only if they will be used entirely to reduce those electric rate increases which would otherwise result from such construction and installation; and (2) shall be made at such times as will minimize rate increases. Sets forth requirements for State plans for additional emission reductions of sulfur dioxide. Directs the Administrator, within four months after the enactment of this Act, to compute a State share, for each of the 48 contiguous States, of a 10,000,000 ton reduction in annual emissions of sulfur dioxide by 1993 below that of 1980. Sets forth a formula for computation of State shares. Permits the Governors of two or more States to reallot State shares among agreeing States, if there is an equal or greater total reduction in annual emissions of sulfur dioxide through such reallotment. Sets deadlines and procedures for submission and approval of State plans for such State shares. Directs the Administrator to promulgate a State plan on January 1, 1988, if no State plan has been: (1) submitted by June 1, 1985; or (2) approved by January 1, 1988. Requires State plans for State shares to provide for emission limitations applicable to any stationary sources in the State for which the actual annual sulfur dioxide emission rates have been calculated by the Administrator for the calendar year 1980, other than a source which is one of the listed 50 electric utility plants subject to direct federally mandated emission reductions. Requires that the emission limitations for each stationary source subject to the State plan establish an allowable average annual sulfur dioxide rate at a level such that the total reduction would equal the State share, with specified credits for States in which any of the 50 listed plants are located. Permits State plans for State shares to provide for compliance with emission limitations through use of technological systems of continuous emission reduction or any other appropriate requirements. Directs the Administrator, from the Acid Deposition Control Fund (established within this Act), to pay for 90 percent of the costs of the construction and installation at an electric utility generating plant of any technological system of continuous emission reduction necessary to comply with requirements under a State plan for a State share of sulfur dioxide emission reductions. Subjects such payments to regulations relating to reduction of increases in utility rates. Establishes a trust fund in the Treasury of the United States to be known as the Acid Deposition Control Fund, consisting of amounts generated by fees imposed under this Act. Directs the Administrator to make payments from the fund first to facilities covered by direct federally mandated emission reductions and then to facilities covered by State share plan requirements. Directs the Secretary of the Treasury to be the trustee of the Fund and to report to the Congress for each fiscal year ending on or after September 30, 1984, on its financial condition and the results of its operation during such fiscal year and on its expected condition and operations during the next five fiscal years. Sets forth Fund investment duties of the Secretary. Imposes, under regulations promulgated by the Administrator, a fee of one mill for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the contiguous 48 States. Exempts from such fee electric energy: (1) used at the electric generating facility concerned; or (2) generated by a nuclear generating facility. Makes such fee effective with respect to electric energy generated, or imported, after December 31, 1984. Makes the fee cease to apply on the earlier of: (1) December 31, 1995; or (2) the date on which all payments required under this Act have been made. Authorizes the Administrator to terminate the fee at an earlier date upon estimation that sufficient funds have been collected to fund all such required payments. Directs the Administrator to promulgate within six months after enactment of this Act regulations setting forth the time and manner required for payment of such fee and related reporting requirements. Establishes civil penalties for: (1) electric utilities (or importers of electric energy) which fail or refuse to pay such fees or to file required reports; and (2) any person who makes false or misleading statements in such required documents. Directs the Administrator to bring civil actions in such cases. Establishes additional criminal penalties for electric utilities (or importers of electric energy) which knowingly commit such violations. Makes conforming amendments. Title II: Control of Nitrogen Oxide Emissions - Directs the Administrator to revise standards of performance for new stationary sources for emissions of nitrogen oxides from electric utility steam generating units which burn bituminous or subbituminous coal and which commence construction after the enactment of this Act. Prohibits the emission of nitrogen oxides from such units at a rate which exceeds: (1) 0.30 pounds per million Btu, in the case of subbituminous coal; and (2) 0.40 pounds per million Btu, in the case of bituminous coal. Adds to provisions relating to emissions from mobile sources to set the following nitrogen oxide emission standards for model year 1986 and after truck and truck engines: (1) gross vehicle weight of 6,000 pounds or less - 1.2 grams per vehicle mile; (2) 6,000 to 8,500 pounds - 1.7 grams per vehicle mile; and (3) more than 8,500 pounds - 4.0 grams per brake horsepower-hour.
Bill· HRH.R. 3282 (98th)open
United States · United States Congress · 13 June 1983
Water Quality Renewal Act of 1983 - Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to authorize appropriations for FY 1983 through 1988 for: (1) specified research, investigation, and training programs in water pollution control; (2) State and interstate pollution control programs; (3) undergraduate programs in water quality control; (4) grants for developing waste treatment management plans for areas with substantial water quality control problems; (5) water pollution control programs in agricultural areas; (6) agreements among Government agencies providing for maximum use of existing programs for water quality control; (7) grants to States for lake pollution control; and (8) carrying out such Act generally. Increases the authorization for grants for construction of waste treatment works for FY 1984 and 1985. Authorizes appropriations for such grants for FY 1986 through 1988. Revises the timetable for compliance of all pollutants with effluent limitations. Requires as new conditions for the modification of treatment requirements with respect to the discharge of pollutants from a publicly owned treatment works that an applicant for such modification demonstrate that: (1) in the case of a treatment works serving a population of 50,000 or more, there is in effect a specified pretreatment program for toxic pollutants introduced into such works for which there is no pretreatment requirement in effect; and (2) the effluent which is discharged from such works is receiving primary treatment and meets the criteria for water quality established by the Administrator of the Environmental Protection Agency. Revises the meaning of the phrase "discharge of any pollutant into marine water." Requires that a water quality standard which is revised after January 1, 1983, maintain the designated uses of the navigable waters involved in effect on such date, except that such a standard may contain a less restrictive use if the State demonstrates that: (1) the existing designated use is not attainable because of natural background or irretrievable man-induced conditions; or (2) the application of effluent limitations needed to attain the existing designated use would result in substantial and widespread adverse economic and social impact. Requires a State to revise water quality standards to preserve the quality of those waters within the State exceeding the level necessary to support the designated use contained in existing water quality standards. Requires a State to consider the need to adopt numercial criteria in addition to other water quality criteria' with respect to specified toxic pollutants whenever such State reviews a water quality standard. Requires the maintenance and protection of water the quality of which exceeds levels necessary to support the propagation of fish and wildlife and to allow recreation in and on the water, unless a State chooses, after compliance with intergovernmental coordination and public participation requirements, to allow lower water quality because of essential economic or social development for which there is no feasible alternative. Prohibits a degradation of water quality which will interfere with or injure instream water uses. Prohibits degradation in high quality waters which constitute an outstanding national resource. Requires a State to minimize the effects of development on water quality in any case where water quality degradation is permitted. Requires the Administrator to publish in the Federal Register a list of all navigable waters in each State the water quality of which is being impaired by the discharge from specific sources of toxic pollutants. Directs the Administrator to establish an individual control strategy for each listed segment of navigable waters which shall reduce the discharge of toxic pollutants from such sources so as to allow the achievement of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water. Increases the civil penalties for violations of requirements with respect to water quality standards under the Federal Water Pollution Control Act. Requires the Administrator to convene a management conference whenever the attainment or maintenance of water quality in an estuary requires the control of sources of pollution in more than one State. Provides that such a management conference shall establish and provide for the implementation of a master plan which addresses the pollution problems of the estuary involved. Authorizes the Administrator to make grants to States participating in such a management conference which are equal to 55 percent of a State's cost of implementing a master plan for a fiscal year. Authorizes appropriations for FY 1984 through 1988 for such grants. Authorizes appropriations to the Administrator for FY 1984 through 1988 for: (1) administrative expenses with respect to management conferences; (2) grants for the development of master plans for estuaries; and (3) monitoring the implementation of such master plans. Prohibits the specification of a disposal site in navigable waters for the discharge of dredged or fill material unless the Secretary of the Army, acting through the Chief of Engineers, determines that the discharge of such material at such site will not have an unacceptable adverse effect on the aquatic environmental and that there is no less adverse practicable alternative to the proposed discharge. Requires that an application for a permit to discharge dredge or fill material into navigable waters at a specified disposal site be filed with the district engineer of the Corps of Engineers for the district where the discharge is to be made. Requires the district engineers to notify the Administrator, the Secretaries of the Interior and Commerce, and other appropriate Federal agency heads of any such application. Specifies the time periods within which such agencies may submit comments on such applications. Requires the district engineer to give full consideration to such comments in deciding whether to issue a permit. Requires the district engineer to notify the Administrator or the appropriate Secretary if a permit to which the Administrator or the Secretary is opposed is to be issued. Specifies the time periods within which the district engineer must publish a decision with respect to a permit application. Provides that a denial of a permit application shall be the final decision of the Secretary of the Army. Provides that a decision to issue a permit shall be the final decision of the Secretary of the Army unless the Administrator, the Secretary of the Interior, or the the Secretary of Commerce requests a review of such a decision in any case in which the Administrator or either Secretary opposed the issuance of a permit. Specifies the time periods within which the Secretary of the Army must issue a final decision following such a request. Requires the Administrator to study and report to Congress on the effects of the impoundment and discharge of waters by dams upon the quality of navigable waters.
Bill· HRH.R. 3278 (98th)open
United States · United States Congress · 9 June 1983
Comprehensive Oil Pollution Liability and Compensation Act - Title I: Oil Pollution Liability and Compensation - 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 title II of this Act) liable for damages for claims asserted under this Act, except as provided in title II of this Act, 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 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 titles I, II, and III 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 Act. Authorizes appropriations for this title. Title II: 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 title; (2) amounts recovered or collected on behalf of the Trust Fund under title I; and (3) any amounts transferred to the Trust Fund under title III of this Act from the Deepwater Port Liability Fund and the Offshore Oil Pollution Compensation Fund. Provides for the establishment of a Board of Directors for the Trust 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 title I for damage which is not otherwise compensated; (3) the costs of administration of this Act; and (4) the payment of initial and annual contributions to the International Fund established under title IV of this Act. 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 title, the term "United States" includes the Outer Continental Shelf and any foreign trade zone of the United States. Title III: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act. 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 Act. 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 Act is held invalid, the remainder of the Act shall not be affected. Title IV: 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.
Bill· HRH.R. 3254 (98th)open
United States · United States Congress · 8 June 1983
Pesticide Import and Export Act of 1983 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to specify the types of information a pesticide producer must submit to the Environmental Protection Agency (EPA) on pesticides manufactured in and exported from the United States. Requires the Administrator of EPA to cooperate and collaborate with the Secretary of State, Secretary of Agriculture, and the Commissioner of the Food and Drug Administration in identifying overseas pesticide use patterns on food crops exported to the United States. Requires the Administrator to prepare an annual report summarizing such information. Requires that information on pesticide exports be kept confidential except as it must be disclosed to comply with reporting requirements. Requires an official of an importing nation to be informed of: (1) the nature and severity of any unreasonable adverse effects on the environment identified by the Administrator in the course of considering the regulatory status of the pesticide; (2) the fact that a pesticide is not registered for use in the United States and may not be sold in the United States; and (3) the availability of regulatory and scientific documents on the pesticide. Requires notice to, and an acknowledgement by, a foreign purchaser of an acutely toxic pesticide and appropriate officials in an importing nation of any acute hazards associated wtih exposure to the pesticide. Requires such acknowledgement statement to include steps to assure accessible instructions for the safe use of the pesticide. Directs the Administrator to foster the safe use of pesticides in other countries through the international exchange of information. Directs the Department of State to pursue diplomatic efforts to obtain the agreement of other exporting countries to regulate foreign pesticide sales. Prohibits the use of a temporary tolerance established as part of an experimental use permit from covering pesticide residues on imported foodstuffs, unless such tolerance was obtained in conjunction with an experimental use permit including use of a pesticide overseas. Requires the Administrator to revoke tolerances for residues associated with suspended or canceled uses of a pesticide. Authorizes the Administrator, in the case of a pesticide that is voluntarily withdrawn, to revoke a tolerance and establish a residue action level if the Administrator determines that the pesticide residue will unavoidably persist in the environment. Prohibits the Administrator from making available for public inspection any information obtained from another country or international organization if: (1) the information was obtained on conditions that it not be disclosed; (2) the information is not otherwise available; and (3) the foreign government or international organization continues to demand that the documents or information not be made available for public inspection. Authorizes the Administrator to disclose to foreign governments or international organizations certain information as long as an agreement is reached that such information will be disclosed only under specified circumstances.
Bill· HRH.R. 3251 (98th)referred
United States · United States Congress · 8 June 1983
Amends the Clean Air Act to require any State within the acid rain mitigation area to provide for the control of acid deposition in its State implementation plan. Provides that such acid rain (or precipitation) mitigation area shall be the 31 States east of a line running south from the western borders of Minnesota, Iowa, Missouri, and Arkansas. Sets deadlines for: (1) such State submission of a plan meeting acid deposition control requirements (one year after enactment of this Act); and (2) approval of such plan by the Administrator of the Environmental Protection Agency (one year and four months after such enactment). Requires that if such deadlines are not met: (1) no plan shall be promulgated by the Administrator; and (2) electric utility steam generating units on specified lists must comply, within five years of such enactment, with an emission limitation for sulfur dioxide of one and two-tenths pounds per million British thermal units (Btu) on a 30-day average. Sets forth provisions for mitigation of acid precipitation. Directs the Administrator, within 90 days after the enactment of this Act, to publish: (1) a list of the 50 electric utility steam generating units located in the acid rain mitigation area which had the highest annual emissions of sulfur dioxide for the calendar year 1980 and which are not subject to standards of performance for new stationary sources; and (2) a list of all other electric utility steam generating units located in that area which have a generating capacity of more than 100 megawatts and which are not subject to standards of performance for new stationary sources. Requires each applicable implementation plan for each State in the acid rain mitigation area to establish a statewide program for reduction of net sulfur dioxide emissions from stationary sources located in that State, which will achieve a specified reduction in the total annual sulfur dioxide emissions by 1993. Requires that such reduction equal the reduction which would result if a specified schedule of requirements were applied to each unit listed. Permits the total emissions reductions required under the State program to be achieved by application of appropriate enforceable emission reduction techniques to: (1) the listed sources; or (2) any other sources of sulfur dioxide in the acid rain mitigation area. Requires the regulated sources to conduct continuous emissions monitoring and to make the data thus obtained available to the Administrator and the public. Permits substitution of a reduction of two units by weight in emissions of oxides of nitrogen to be substituted for each unit of required reductions in emissions of sulfur dioxide under this Act. Directs the Administrator to establish an emission reduction credit program for controlled trading by States within five emission reduction credit regions within the acid rain mitigation area. Authorizes the Administrator to carry out: (1) a full-scale demonstration of limestone-injection multistage burner technology on one or more 100 to 200 megawatt utility boilers; and (2) such other research and demonstration activities relating to appropriate innovative sulfur dioxide control technologies. Directs the Administrator to report the results of such research and demonstration activities to the Congress by September 30, 1985. Authorizes appropriations to carry out such research and demonstration activities and report.
Bill· SS. 1412 (98th)referred
United States · United States Congress · 7 June 1983
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("Superfund") to authorize community relocation and business and employee protection in cases of toxic substance contamination. Includes under the term "remove" or "removal" the permanent relocation of residents, businesses, and community facilities, in those circumstances where temporary relocation or evacuation is the appropriate response and permanent relocation may be an appropriate remedy. 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.
Bill· HRH.R. 3200 (98th)open
United States · United States Congress · 2 June 1983
Safe Drinking Water Act Amendments of 1983 - Title I: Public Water Systems - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to promulgate recommended maximum contaminant levels and revised national primary drinking water regulations within specified time periods for: (1) each of 14 contaminants listed in 47 Federal Register 9352; (2) toxic water pollutants which are found in drinking water; and (3) other substances which may have an adverse effect on the health of persons. Sets forth requirements with respect to such contaminant levels and drinking water regulations. Requires the Administrator to list a contaminant and promulgate a revised drinking water regulation for such contaminant which requires the use of treatment techniques if such contaminant cannot be accurately enough measured in water to establish a maximum contaminant level. Authorizes the Administrator to enter into arrangements with independent scientific organizations to assist in the establishment of recommended maximum contaminant levels. Requires the Administrator to establish a program which shall require a representative sample of various public water systems to monitor for unregulated contaminants. Directs the Administrator to require the owner or operator of a public water system to give notice to persons served by it of contaminant levels of any unregulated contaminants required to be monitored. Requires the Administrator to enforce compliance with national primary drinking water regulations through civil actions or administrative orders with respect to public water systems, unless there is in effect a variance or an exemption. Revises the compliance schedules in the case of public water systems which have been granted an exemption from compliance with interim or revised national primary drinking water regulations. Permits extensions of such exemptions in certain cases. Sets forth procedural requirements with respect to administrative orders issued to enforce compliance with regulations, schedules, or other requirements under the Safe Drinking Water Act. Directs the Administrator to seek an injunction or to recover a civil penalty; or both, with respect to any person who fails to comply with such an administrative order. Prohibits any action by the Administrator, by a State, or by a court which would delay or make less stringent any requirement of a primary national drinking water standard. Permits the Administrator to commence a civil action or to issue an administrative order to enforce compliance in the case of a public water system which fails to comply with a national primary drinking water regulation beyond the thirtieth day after the date of a notice of noncompliance by the Administrator to the State having primary enforcement responsibility over such public water system. Authorizes the Administrator to provide technical assistance to small public water systems to enable them to achieve and maintain compliance with national drinking water regulations. Authorizes appropriations for such assistance for FY 1984 through 1987. Authorizes the Administrator to require, as a condition of a State exercising primary enforcement responsibility with respect to national drinking water regulations, that the State carry out technical assistance programs for small public water systems which are substantially similar to the Federal program. Provides that, in requiring a public water system to keep records with respect to the compliance with national primary drinking water regulations, the Administrator shall take into account the system size and the contaminants which are likely to be found in the system's drinking water. Sets forth criminal penalties for tampering with a public water system. Provides that notice by the owner or operator of a public water system which fails to comply with national primary drinking water regulations to the persons served by such system shall provide an explanation of such failure, the steps being taken to correct such failure, and the groups which should seek alternative water supplies until such failure is corrected. Requires each owner or operator of a public water system to also give annual notice to the persons served by it of the availability to the public of records and reports kept by such system with respect to compliance with the national primary drinking water regulations. Permits civil actions by public water systems and any other persons against any persons who are causing or contributing to the presence of a contaminant in the drinking water used by such systems or other persons if such contamination results in the water supply not meeting national primary drinking water regulations. Title II: Protection of Underground Sources of Drinking Water - Prohibits the disposal of hazardous waste by underground injection above, into, or under a formation which contains a drinking water source, unless it is established that such injection will not cause the hazardous waste to migrate into or otherwise endanger drinking water sources. Requires State underground injection programs to prohibit the disposal of brine brought to the surface in connection with oil by any means other than underground injection in compliance with the Safe Drinking Water Act. Defines the term "drinking water source" as underground water which supplies a public water system, is capable of supplying a public water system, or could supply a public water system if the system used technologically advanced treatment. Requires the Administrator to publish notice in the Federal Register if an area has an aquifer which furnishes or may furnish in the future a substantial part of the drinking water supply for any public water system and which would create a significant hazard to the public health if contaminated. Permits Federal financial assistance for projects which are designed not to contaminate such an aquifer. Requires the Administrator to promulgate regulations for State programs to prevent surface impoundments which are not subject to regulation under the Solid Waste Disposal Act from endangering drinking water sources. Permits States to apply to exercise primary enforcement responsibility. Requires the Administrator to prescribe a program for a State if no State program is approved. Permits States to submit to the Administrator plans to protect underground drinking water sources. Authorizes the Administrator to provide technical assistance and to make grants to the States to assist them in the development of such plans. Requires that Federal actions with respect to underground drinking water sources in a State be coordinated with the State protection program. Authorizes the Administrator to issue an administrative order to enforce compliance with underground injection control program requirements. Sets forth procedural requirements with respect to such administrative orders. Directs the Administrator to seek an injunction or to recover a civil penalty, or both, with respect to any person who fails to comply with such an administrative order. Prohibits any action by the Administrator, by a State, or by a court which would delay or make less stringent any requirement of an underground injection control program. Permits the Administrator to commence a civil action or to issue an administrative order to enforce compliance in the case of any person who fails to comply with underground injection control program requirements beyond the thirtieth day after the date of a notice of noncompliance by the Administrator to the State having primary enforcement responsibility for underground water sources. Title III: Authorization of Appropriations - Authorizes appropriations for FY 1984 through 1989 for: (1) the provision of research, technical assistance, information, and training of personnel to the States and municipalities to implement the Safe Drinking Water Act; and (2) grants to States for public water system supervision programs and underground water source protection programs. Extends indefinitely the authority of the Administrator to issue certifications of need and orders for the provision of chemicals necessary for the treatment of water.
Bill· HRH.R. 3185 (98th)open
United States · United States Congress · 1 June 1983
Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to direct the Administrator of the Environmental Protection Agency to pay any State, municipal, intermunicipal, or interstate agency which builds or operates a publicly owned treatment works the amount which the Administrator determines is attributable to increased costs necessary to meet standards or limitations required by an international treaty or agreement. Authorizes appropriations.
Bill· HRH.R. 3186 (98th)open
United States · United States Congress · 1 June 1983
Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to allow all recipients of grants for treatment works to use dedicated ad valorem taxes to meet the requirement that such recipients adopt user charges to pay for operation and maintenance of treatment works.
Bill· SS. 1363 (98th)open
United States · United States Congress · 25 May 1983
Hazardous Waste Management Act of 1983 - Amends the Solid Waste Disposal Act ("the Act") (as amended by the Resource Conservation and Recovery Act of 1976) to revise findings, objectives, and definitions. Revises provisions for identification and listing of hazardous waste under the Act to add requirements with respect to specified wastes. Directs the Administrator of the Environmental Protection Agency (EPA), where appropriate, to list as subject to hazardous waste management provisions: (1) within two months after enactment of this Act, additional wastes containing chlorinated dioxins or-dibenzofurans; and (2) within six months after such enactment wastes containing polychlorinated biphenyls (PCBs), containing remaining halogentated dioxins and-dibenzofurans, and other specified wastes (or publish reasons for not listing such wastes). Directs the Administrator, within six months after the enactment date of this Act, to submit to the Congress a work plan: (1) for developing regulations identifying additional characteristics of hazardous waste, including measures or indicators for toxicity; (2) identifying those particular wastes on which the Agency intends to decide whether to list as a hazardous waste within two years after such enactment date; and (3) for cooperating with officials of the National Toxicology Program to evaluate the feasibility of identifying or listing hazardous waste based on the presence of certain constituents (such as known carcinogens, mutagens, or teratogens) at levels which cause such wastes to be hazardous per se. Directs the Administrator, within two years after the enactment date of this Act, to: (1) promulgate regulations identifying additional characteristics of hazardous waste; (2) either promulgate, with respect to each waste identified for decision within two years, regulations listing such waste as a hazardous waste, or publish the reasons for the decision not to list such waste; and (3) report to the Congress on progress in evaluating the feasibility of identifying or listing hazardous waste based on the presence of certain hazardous constituents at levels which may cause such waste to be hazardous waste per se. Sets forth delisting procedures. Directs the Administrator, when evaluating a petition to exclude a waste generated at a particular facility, to: (1) consider factors, other than those for which the waste was listed, which could cause the waste to be hazardous; (2) provide notice and opportunity for comment on such additional factors before granting or denying such petition; and (3) make a final decision on each such petition within 18 months after granting a temporary exclusion from regulation of such waste. Sets forth national goals with respect to hazardous waste disposal under the Act. Prohibits the disposal into or on any land without certified prior treatment, of specified hazardous wastes within six months of the enactment of this Act, unless the Administrator determines the prohibition on one or more methods of land disposal is not required in order to protect human health and the environment for as long as the waste remains hazardous. Requires that such prohibition is to be applied, taking into account specified factors, to specified forms, compounds, and concentrations of the following hazardous wastes: (1) cyanides; (2) arsenic; (3) cadmium; (4) chromium; (5) lead; (6) mercury; (7) nickel; (8) selenium; (9) thallium; (10) highly acidic (having a pH of two or less) liquid wastes; (11) polychlorinated biphenyls (PCBs); and (12) halogenated organic compounds. Authorizes the Administrator to substitute: (1) more stringent concentration levels where necessary to protect human health and the environment; and (2) a later effective date of prohibition, if necessary to allow an alternative method of management to become available for a hazardous waste for which storage is not possible until such later date. Sets forth a schedule for additional prohibition determinations. Directs the Administrator to submit to Congress a schedule for reviewing all hazardous wastes listed in specified Federal regulations which are not covered by a land disposal prohibition under this Act. Directs the Administrator to complete such review and promulgate regulations in accordance with a specified timetable with deadlines from 24 to 54 months after enactment of this Act. Directs the Administrator, in the case of any hazardous waste identified or listed after such 54 months, to make such prohibition determination within six months. Sets forth criteria upon which such prohibition determinations are to be made. Prohibits land disposal of any identified or listed hazardous waste for which the Administrator has failed to make a determination within the specified deadline. Directs the Administrator to promulgate regulations establishing best available management practices for each hazardous waste identified or listed under the Act. Sets forth a preferred hierarchy of management practices for such purposes. Sets forth a timetable for promulgation of such regulations, with deadlines from four years to ten years after the enactment of this Act. Sets forth requirements for review and revision of such regulations. Revises provisions for standards applicable to generators of hazardous waste. Adds requirements for: (1) reports for 1981, 1982, and 1983; (2) retention of records and manifests; and (3) small quantity generator waste. Requires, within 90 days after the enactment of this Act, that any hazardous waste which is part of a total quantity generated by a generator generating less than 1,000 kilograms during a calendar month and which is shipped off the premises on which it is generated shall be accompanied by a copy of the EPA Uniform Hazardous Waste Manifest form signed by the generator. Requires that such form contain specified information. Prohibits, effective two years after the enactment of this Act, exemption by reason of the small quantity generated of any hazardous waste generated by any generator in a quantity greater than 100 kilograms during any calendar month from hazardous waste management standards. Directs the Administrator, within 18 months of such enactment, to promulgate revised standards for hazardous waste generated in monthly quantities between 100 to 1,000 kilograms. Requires that small quantity generator hazardous waste standards at a minimum: (1) limit to 180 days on site storage without a permit; (2) require all other treatment, storage, or disposal at a facility with a permit; and (3) require that a manifest accompany any shipment of such waste off the premises on which it is generated (but allows specific requirements for entries on such manifest to vary from those applicable to the manifest required for larger quantity generators). Directs the Administrator to establish such standards of performance for larger quantity generators as may be necessary to achieve the national goals established by this Act and to otherwise protect human health and the environment. Authorizes the Administrator to establish small quantity generator waste standards of performance which vary from standards for larger quantity generators. Sets forth requirements for permits for generators of hazardous waste. Revises standards applicable to transporters of hazardous waste to require retention of records and manifests. Revises standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities to require the rention of records. Directs the Administrator to revise such standards within four years after the enactment of this Act. Establishes requirements with respect to liquids in landfills. Directs the Administrator, within one year after enactment of this Act, to promulgate final regulations which minimize the disposal of containerized liquid hazardous wastes in landfills. Makes such regulations effective immediately upon promulgation. Directs the Administrator to maintain specified requirements, pending promulgation of such regulations. Requires that revised standards specify criteria for the location of disposal facilities. Directs the Administrator to consider specified factors in determining such criteria. Requires that specified minimum standards for incinerators remain in effect. Requires that any modification of such standards provide for equivalent or greater hazardous waste containment, or destruction and removal. Sets forth requirements covering prior releases of hazardous wastes. Provides that hazardous waste treatment, storage, and disposal facility standards shall address releases of hazardous constituents attributable to the migration of waste from all solid waste management units at a facility, whether waste was placed in such units before or after the date of permit issuance. Requires that such standards provide for compliance schedules and financial assurances to ensure adequate cleanup of such releases. Directs the Administrator to promulgate regulations requiring any facility operating under an interim status permit to obtain a final permit before expanding its capacity by more than ten percent (except capacity for storage or treatment in tanks or containers and enclosed waste piles). Authorizes the Administrator to establish standards for any interim status permit facility expanding its capacity by ten percent or less. Allows such standards for facilities expanding by ten percent or less to vary from the interim permit status standards for facilities which do not expand capacity. Requires landfill disposal facilities operating under an interim status permit to comply with monitoring and corrective action requirements applicable to facilities for which a final permit is issued. Requires any new, replacement, or laterally expanded unit of a landfill or surface impoundment operating under an interim status permit to be subject to requirements respecting liners and leachate collection systems or equivalent protection applicable to facilities for which a final permit is issued. Limits to ten years the duration of any permit for hazardous waste treatment, storage, or disposal. Allows renewals of such permits. Directs the Administrator to issue final permits or final denials of permit applications: (1) for land disposal facilities within four years of the enactment of this Act; (2) for incinerators within five years of such enactment; and (3) for any other treatment, storage, or disposal facilities within eight years of such enactment. Provides that such time periods shall also apply in the case of any authorized State hazardous waste program. Requires facilities operating under interim status permits to submit applications for final permit review within the applicable time period, with specified exceptions. Authorizes the Administrator, after notice and opportunity for hearing, to promulgate permit application requirements and permit conditions applicable to owners and operators of a class of facilities, upon determination that facilities in the class should be subject to similar design, operating, and management requirements. Limits such classes to facilities which treat or store hazardous waste in containers, tanks, or enclosed piles. Authorizes the Administrator, after notice and opportunity for informal hearing, to issue a class permit for a facility which meets such conditions and requirements. Authorizes the Administrator, in establishing class permit requirements and conditions, to provide that certain conditions shall be established for each facility on a site-specified basis. Directs the Administrator (or the State, as appropriate), in the case of any permit (other than a class permit) issued or renewed after the enactment of this Act to require the facility to use methods at least as effective as the best available control technology to prevent a hazardous waste discharge. Directs the Administrator (or the State) to consider the costs and the health and environmental impacts in determining the best available control technology on a case-by-case basis. Directs the Administrator to promulgate regulations establishing such standards applicable to owners and operators of hazardous waste resource recovery facilities and to distributors of recovered material from hazardous waste as may be necessary to achieve the national goals established by this Act and to otherwise protect human health and the environment. Directs the Administrator, within two years after the enactment of this Act, to promulgate regulations establishing health and environmental standards applicable to owners or operators of facilities producing fuel from hazardous wastes or burning hazardous wastes for energy recovery and to distributors or marketers of such fuels. Exempts from such requirements, and from labeling and other specified requirements, petroleum refinery wastes containing oil which are converted into petroleum coke at the same facility at which such wastes were generated, unless the resulting coke product would exceed one or more characteristic by which a substance would be identified as a hazardous waste. Prohibits producers, distributors, or marketers of fuels containing hazardous wastes to distribute or market such fuels unless the invoice or bill of sale bears a conspicuous warning and lists the hazardous wastes contained in such fuel. Directs the Administrator, within 12 months after the enactment of this Act, to promulgate regulations requiring that any person who is required to file a notification in accordance with provisions for burning and blending hazardous wastes must maintain such records regarding fuel blending, distribution, or use as may be necessary to protect human health and the environment. Requires, within 12 months after enactment of this Act, notification to the Administrator by: (1) the owner or operator of any facility producing a fuel from any hazardous waste alone or with other material or from used oil alone or with other material; (2) the owner or operator of any facility burning fuel containing any hazardous waste or used oil; and (3) any person who distributes or markets fuel containing hazardous waste or used oil. Requires that such notification describe the location, the facility, the identified or listed hazardous waste involved, and the production or energy recovery activity. Exempts facilities, such as residential boilers, from such notification requirements where the Administrator determines that such notification is not necessary for obtaining sufficient information respecting current practices or facilities using hazardous waste for energy recovery. Establishes requirements for interim control of hazardous waste injection. Prohibits hazardous waste disposal by underground injection above or into a formation which contains, within one-quarter mile of the well used for injection, an underground source of drinking water. Provides for exemptions from such prohibition upon demonstration that such injection will not cause hazardous waste to endanger drinking water sources. Provides for State and Federal enforcement of such prohibitions and identical prohibitions under the Safe Drinking Water Act. Authorizes the Administrator, in authorizing a State Program, to base findings on the Federal program in effect one year prior to submission of a State's application or in effect on January 26, 1983, whichever is later. Requires that State programs, in order to be authorized by the Administrator, provide for public availability of information regarding hazardous waste treatment, storage, and distribution facilities and sites. Sets forth provisions for mandatory inspections at least every two years, beginning 12 months after enactment of this Act, at every facility for the treatment, storage, or disposal of hazardous waste for which a permit is required. Directs the Administrator, after notice and opportunity for public comment, to promulgate the minimum frequency and manner of such inspections and maintenance of inspection records. Authorizes the Administrator to distinguish between classes and categories of facilities commensurate with the risks posed. Directs the Administrator, within six months after enactment of this Act, to report to the Congress on the potential for such inspections by nongovernmental officers as a supplement to EPA or State inspections. Revises provisions for Federal enforcement of hazardous waste management requirements under the Act to authorize the Administrator to assess a civil penalty for any past or current violation. Allows any person aggrieved by such a violation to intervene as a matter of right in actions for appropriate relief. Provides for criminal penalties for persons who knowingly: (1) cause specified hazardous waste to be transported; (2) treat, store, or dispose of such waste in violation of any material condition or requirement of specified permits or of any applicable interim status regulations or standards; (3) omit material information used for purposes of compliance with regulations promulgated by the Administrator (or by a State program); (4) fail to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of such compliance; or (5) transports, or causes to be transported, without a manifest any hazardous waste required to be so accompanied. Raises the maximum criminal penalties for these and other violations, under specified conditions. Revises provisions relating to conditions for knowing endangerment. Raises the penalties for knowing endangerment. Revises provisions for review of certain actions of the Administrator relating to permits for treatment, storage, or disposal of hazardous waste and authorized State hazardous waste programs. Provides that action of the Administrator with respect to which review could have been obtained under such provisions of the Act shall not be subject to judicial review in civil or criminal proceedings for enforcement. Directs the Administrator to establish an Office of Ombudsman to receive individual complaints, grievances, and requests for information submitted by any person with respect to any program or requirement under the Solid Waste Disposal Act. Directs the Ombudsman to render assistance with respect to such submissions and make appropriate recommendations to the Administrator. Provides that the establishment of such Office shall not affect any procedures for grievances, appeals, or administrative matters. Revises provisions relating to imminent hazards to allow any person endangered by the action with respect to which the Administrator has brought suit to intervene as a matter of right in such suit. Makes technical corrections. Authorizes appropriations for FY 1984 through 1986 for: (1) general administration by the Administrator to carry out the Act (including funds for Resources Recovery and Conservation Panels, hazardous waste management, and support for State, regional, local, and interstate agency solid waste plans); (2) grants to State hazardous programs; (3) hazardous waste site inventory; (4) development and implementation of plans by State, local, regional, and interstate authorities; (5) implementation of State, local, and intermunicipal programs for solid waste management, resource recovery, resource conservation, and hazardous waste management; (6) special communities assistance; (7) assistance to States for recycled oil programs; and (8) the Secretary of Commerce to carry out resource and recovery duties.
Bill· HRH.R. 3129 (98th)open
United States · United States Congress · 24 May 1983
Hazardous Waste Reduction Act of 1983 - Title I - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the Superfund Act) to authorize the Administrator of the Environmental Protection Agency (EPA) to make grants to States to assist States in: (1) carrying out hazardous waste enforcement programs under the Solid Waste Disposal Act; (2) carrying out remedial actions and other response measures necessary with respect to the release, or substantial threat of release, of any pollutant or contaminant from a facility not on the 400 top priority known response targets list but which the State determines may present an imminent and substantial danger to the public health or welfare; and (3) providing technical assistance to companies engaged in the recycling of hazardous substances. Requires that at least $200,000,000 of the amounts appropriated to the Hazardous Substance Response Trust Fund shall be reserved to make such grants to States. Revises provisions for audits by each Inspector General of each department or agency delegated responsibility to obligate money in the Hazardous Substance Response Trust Fund. Directs each such Inspector General to report annually to the President and the Congress on such auditing of the Fund and to specifically identify any improper uses of the Fund. Provides for reimbursement to the Fund for any improper expenditures. Extends through FY 1995 the authorization of appropriations for the Fund. Increases the yearly amount of such authorization of appropriations for FY 1986 through 1995 (above the yearly amount currently authorized through FY 1985). Amends the hazardous waste management provision of the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to establish a hazardous waste quantity assessment program. Directs the Administrator, in cooperation with the Secretary of the Treasury and the States, to develop and implement methods to estimate the quantities of hazardous waste which are generated in each calendar year, on the basis of specified data. Directs the Administrator to report at least annually to the Congress, comparing the quantities of hazardous waste estimated to have been generated during the preceding calendar year and the quantities of waste on which the recycling incentive tax on disposal of hazardous wastes was paid. Title II - Amends the Internal Revenue Code to replace (effective October 1, 1985) the environmental taxes on petroleum and chemical feedstocks with a recycling incentive tax on disposal of hazardous wastes (effective for FY 1985 through 1995). Sets forth tables for determining the amount of such tax. Distinguishes between: (1) toxic and nontoxic hazardous waste; (2) waste disposal before and after the end of FY 1990; and (3) disposal of waste and storage of waste for more than one year. Imposes such tax on the person disposing of such waste. Sets forth requirements for records, statements, and returns relating to such tax. Authorizes the Secretary of the Treasury to prescribe any such requirements, as necessary, for persons involved in the treatment, storage, or disposal of hazardous wastes. Extends through FY 1995 the authority to collect taxes conferred by the Superfund Act.
Bill· SS. 1343 (98th)referred
United States · United States Congress · 23 May 1983
Nuclear Waste Management Authority Act of 1983 - Title I: Establishment of the Nuclear Waste Management Authority - Amends the Nuclear Waste Policy Act of 1982 to establish as an independent agency in the executive branch the Nuclear Waste Management Authority which shall: (1) develop policy for the selection, construction, and management of civilian nuclear waste sites; (2) select, construct, and manage such sites pursuant to such Act; and (3) make annual recommendations to the President, Congress, and Federal agencies on national policy on civilian nuclear waste disposal and on civilian nuclear waste disposal research and development. Establishes within Authority an Office of Site Selection which shall select and characterize sites for a nuclear waste repository for both deep geological sites and monitored and retrievable sites. Establishes within the Authority an Office of Site Management which shall be responsible for site management and for the management of the Nuclear Waste Fund. Establishes within the Authority an Office of Public Health and Safety which shall: (1) continuously monitor environmental and health conditions in the area of any nuclear waste storage facility; (2) receive and investigate complaints of environmental harm and danger to the public health from nuclear waste storage; and (3) provide information to the public about the nuclear waste storage program. Establishes within the Authority an Office of Economic Development which shall provide financial and technical assistance to any State which has a repository and requests such assistance. Requires the Authority to submit the budget of the Nuclear Waste Fund to the Office of Management and Budget every five years. (Under current law, the Secretary of Energy is required to submit the budget of the Nuclear Waste Fund to the Office of Management and Budget triennially along with the Department of Energy budget.) Provides that financial and technical assistance to a State having a repository site shall continue, as requested by the State, in order to promote the long-range social and economic well- being of the site area. Title II: Transfer, Savings, and Personnel Provisions - Provides for the transfer of functions and authorities of the Secretary of Energy to the Nuclear Waste Management Authority. Title III: Interim Actions; Interim Funding; Effective Date - Sets forth the authority for the appointment and compensation of members of the Authority. Authorizes appropriations.
Bill· HRH.R. 3087 (98th)referred
United States · United States Congress · 23 May 1983
Amends the Clean Air Act to revise provisions for ozone protection. Directs the Administrator of the Environmental Protection Agency to give priority in ozone protection studies and research to increasing actual measurements of stratospheric ozone and improving methods of identifying potential trends in such measurements. Directs the Administrator to contract annually with the National Academy of Sciences to: (1) continue review and research; (2) determine the extent, nature, and causes of changes in stratospheric ozone concentration; (3) investigate probable or possible effects on health and the environment; and (4) report all findings and associated uncertainties. Directs the National Academy of Sciences, in consultation with the National Aeronautics and Space Administration and the Administrator of the National Oceanic and Atmospheric Administration, to report, within two years after enactment of this Act and annually thereafter, all findings concerning actual or potential alteration of the concentration of ozone in the stratosphere, its causes, and associated implications and uncertainties. Requires that such report be made to the Administrator and to the Congress, with copies available to the public. Requires that research and monitoring programs be continued and expanded to determine the extent, nature, causes, effects, and associated uncertainties of stratospheric ozone changes. Directs the President, within two years after enactment of this Act and annually thereafter, to report to the Congress and the public on efforts to reach international agreements among the major free-world producing countries of chlorofluorocarbons as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken. Directs the Administrator, in proposing further regulations for the control in the United States of any chlorofluorocarbon under the Act or the Toxic Substance Control Act, to first: (1) determine that chlorofluorocarbons are contributing to depletion of the stratospheric ozone which is occurring, or is likely to occur, at a rate that may reasonably be anticipated to endanger the public health or welfare; or (2) report that international agreement has been reached as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken. Directs the Administrator, in promulgating such regulations to: (1) take into account any unresolved scientific questions and the availability of suitable alternative products; and (2) specifically consider the health implications of chlorofluorocarbon chemical substitutes and implications of ozone depletion for the public health and welfare.
Bill· HRH.R. 3057 (98th)referred
United States · United States Congress · 18 May 1983
Amends the Clean Air Act to provide for extensions of the dates required for States' attainment of national ambient air quality standards.
Bill· HRH.R. 3047 (98th)referred
United States · United States Congress · 18 May 1983
Amends the Clean Air Act to establish a three-year moratorium on the imposition of specified sanctions in nonattainment areas. Prohibits, during such period, the Administrator of the Environmental Protection Agency from taking the following actions pursuant to specified provisions of such Act: (1) prohibiting construction or modification of any major stationary source; (2) disapproving any project, or refusing to award any grant under such Act; and (3) withholding, conditioning, or restricting any grant for construction of any sewage treatment works. Prohibits, during such period, any person from bringing any action under specified provisions of such Act against: (1) the Administrator for failure to impose such sanctions; and (2) any person alleged to be constructing or proposing to construct any new or modified major emitting facility without a permit under plan requirements for nonattainment areas.
Bill· HRH.R. 3046 (98th)referred
United States · United States Congress · 18 May 1983
Amends the Clean Air Act to provide for extensions of the dates required for States' attainment of national ambient air quality standards.