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Bill· SS. 3075 (98th)referred
United States · United States Congress · 5 October 1984
Toxic Substances Control Act Amendments of 1984 - Amends the Toxic Substances Control Act (TSCA) to revise the statements of findings and policy. Refers to the need for more information about toxicity and human and environmental exposure in order to identify and control unreasonable risks presented by chemical substances. Declares that chemical manufacturers and processors have a duty to be informed about toxic effects of such substances and mixtures and to take appropriate actions to prevent exposures that might be harmful to human health or the environment. Revises definitions to include the designee of the Administrator of the Environmental Protection Agency (EPA) under references to "the Administrator." Includes any microorganism or other biological substance under the definition of "chemical substance" for purposes of regulation. Provides that an exclusion for pesticides from TSCA jurisdiction shall not be taken to so exclude exposures to chemical substances which occur during the manufacture of a pesticide. Includes under the term "standards for the development of test data" a prescription of environmental or human monitoring or other exposure studies for test data for a chemical substance or mixture to be developed and analyzed. Revises provisions for testing of chemical substances and mixtures to provide that standards also may be prescribed for environmental or human monitoring or other exposure studies. Requires the EPA to periodically establish test methodology guidelines which may be used for development of data prescribed in rules under testing requirements and in testing agreements under provisions (as added by this Act) for testing of large volume chemicals. Directs the Administrator to review, not less than once each five years, the adequacy of the test methodology guidelines and make appropriate revisions. Deletes a requirement for an annual review of the adequacy of the standards for development of test data. Deletes the maximum limit on the total number of chemical substances and mixtures which may be on a priority list for consideration of testing requirements. Requires that interagency testing committee meetings relating to the priority list be open to the public and that announcements of such meetings be published at least two weeks in advance. Allows closed meetings to be conducted for administrative and personnel matters. Requires the committee, in making a priority list recommendation, to identify the chemical properties or effects for which testing is recommended. Sets forth a presumption that testing for the effects recommended is needed with respect to chemical substances and mixtures added to the priority list by the committee. Requires manufacturers of the listed substances to either individually or collectively submit study plans for the conduct of such testing no later than 180 days from the date of submission of the committee's report to the Administrator. Requires that manufacturers and processors of the listed substances be afforded an opportunity to provide evidence which demonstrates to the Administrator's satisfaction that such testing is not appropriate, in whole or in part. Sets forth relevant factors to be considered by the Administrator. Directs the Administrator to establish certain procedures for such decisions concerning the continued need for such testing. Specifies that the Administrator is not precluded by priority list provisions from making the required findings leading to an EPA rule requiring testing of a substance based upon an independent analysis of the issues involved. Makes specified provisions for exemptions applicable to testing conducted pursuant to priority list provisions. Adds to the membership of the interagency testing committee one member from the Fish and Wildlife Service and the Consumer Products Safety Commission. Establishes requirements for the testing of large volume chemicals. Makes subject to a test rule each chemical substance which is manufactured, processed, sold in, or imported into, the United States in aggregate quantities of 100,000,000 or more pounds per year. Requires each manufacturer of such substance to test it in accordance with specified requirements. Allows designation of other manufacturers or qualified third parties to conduct such tests and submit test data. Sets forth provisions relating to: (1) the effects for which such testing is required; (2) test procedures and guidelines; (3) alternative or innovative test methods and procedures; (4) a listing procedure; (5) generally applicable reporting rules and health and safety study submission rules; (6) test scheduling; (7) exemption and modifications; (8) certification of test results; and (9) inspection and audit. Adds to prohibited acts: (1) failing or refusing to comply with any requirement for the testing of large volume chemicals; or (2) providing a false or misleading certification under such requirements. Provides that each day after such a false or misleading certification is made shall constitute a separate violation until the day such certification is withdrawn and a complete and accurate substitute certification is filed in its place. Disqualifies any corporation which knows or should have known that its certification is false or misleading from making further certifications under requirements for the testing of large volume chemicals for a five-year period (or a longer period determined by the Administrator after notice and opportunity for a hearing on the record). Provides that the term "person," when used in provisions for prohibited acts and penalties to ensure compliance with such certification requirements, shall include corporate officers and officers of other entities, in their personal as well as official capacities. Sets forth provisions for negotiated testing agreements. Authorizes the Administrator to negotiate agreements by which chemical manufacturers or processors will test the substance or mixture, upon EPA determination that adequate test data can be developed more promptly under such an agreement than under a test rule. Requires such agreements to include specified elements described under testing requirement rules. Requires publication of the text of a proposed agreement, and at least a 60-day period for public comment. Prohibits any such agreement from being based in whole or part on any information or data which has not been placed in a record which is public subject to specified confidentiality provisions. Requires that a reasonable basis for the agreement be provided by that portion of the record which is not confidential. Authorizes modifications of agreements upon petition of any person or the Administrator's own motion. Provides that such provisions for negotiated agreements do not affect the Administrator's authority to subsequently promulgate an EPA test rule requirement for any chemical substance or mixture which is subject to such an agreement. Directs the Administrator to promptly promulgate an EPA test rule to require that testing be performed if a person or group fails to conduct the testing agreed upon. Provides that specified findings requirements shall not apply to such promulgation. Adds provisions for EPA authority for expedited information gathering to support the current expedited review process when the Administrator: (1) has made the requisite finding that there may be a reasonable basis to conclude that a chemical substance or mixture presents or will present a significant risk of serious or widespread harm to human beings from cancer, gene mutations, or birth defects; and (2) finds that the EPA's ability to initiate appropriate action under specified provisions to prevent or reduce to a sufficient extent such risk or to make a finding that such risk is not unreasonable is limited due to the lack of relevant data. Authorizes the Administrator, under such circumstances, to perform or contract for additional testing and exposure studies which are reasonable and necessary to initiate appropriate action, provided that such activities are initiated within the 180-day expedited review period and the Administrator's action are published within such period. Authorizes the Administrator to seek reimbursement for the costs of such testing and exposure studies from the manufacturers and processors of the substances. Revises requirements for manufacturing and processing notices for new chemicals and those for which there is a significant new use (the pre-manufacturing notice program or PMN). Replaces references to "a significant new use" of a chemical substance with references to manufacture or processing of a chemical substance in a manner or for "a use which may lead to significant new exposure to human beings or significant new release to the environment." Authorizes the Administrator to allow a new chemical (or one involving significant new exposure or release) to be manufactured or processed when the PMN program notice review is completed and there has been a determination that specified actions concerning such notice will not be taken by the EPA. Revises PMN program requirements for submission of test data. Makes it the manufacturer's or processor's duty to submit data which makes a specified demonstration to the satisfaction of the Administrator. (Current law requires the submission of data which the manufacturer or processor believes makes such a showing.) Revises the required content of PMN program notices to include: (1) specific information and data concerning the substance's physical and chemical properties, associated physical hazards and toxicological properties, and the manner, duration, magnitude, and extent of human exposure or environmental release; and (2) a reasoned evaluation, based on such data and information, of the potential acute and chronic human health effects and adverse environmental effects of the substance under its anticipated conditions of manufacture, processing, distribution in commerce, use and disposal. Requires that such data include certain test data recommended by the Organization for Economic Cooperation and Development, with exceptions under specified conditions. Revises PMN program provisions for EPA orders prohibiting or limiting manufacture of a chemical substance for which a PMN program notice has been received pending development of information. Directs the Administrator to notify the manufacturer or processor who submitted the notice of the determinations which underlie such a proposed order. Allows specific objections to the proposed order to be filed, within 30 days after such manufacturer or processor receives such notification, by such manufacturer or processor or by any person who is likely to obtain the chemical substance directly or indirectly from them. Sets forth procedures for consideration of and determinations concerning such objections. Provides that such orders shall apply to the manufacturer or processor who submitted the notice. Authorizes the Administrator to make such order apply to any other person, whether or not the person was a party to the issuance of the order, who: (1) manufactures the substance for the manufacturer or processor; or (2) processes, distributes in commerce, uses, or disposes of the chemical substance after obtaining it, directly or indirectly, as a chemical substance or as part of a mixture, from such manufacturer or processor. Provides that such order shall not apply to any person who has received a direct notice of the order either from the Administrator or under the following provision. Provides that an order may require any person subject to the order who distributes in commerce the chemical substance, either as a chemical substance or as part of a mixture, to provide a copy of the order to persons to whom the substance is distributed. Provides that any person subject to such an order who complies with its provisions shall be considered in compliance with TSCA with respect to those activities subject to the order. Makes the exclusive remedy for judicial review of the Administrator's decision to issue such an order after consideration of an objection the commencement by the person who filed the objection of a civil action in the U.S. District Court for the District of Columbia or the U.S. district court for the district of such person's residence or principal place of business. Requires such action to be filed within 60 days after the order becomes effective. Specifies that PMN program requirements apply to the release in the environment of any genetically engineered microorganism in any quantity for scientific experimentation, analysis, research, or development, whether or not these activities are noncommercial or commercial. Directs the Administrator, within one year after enactment, to promulgate a list of categories of chemical substances pursuant to PMN program provisions which authorize the EPA listing of chemical substances whose manufacture, processing, distribution in commerce, use, or disposal, or any combination of such activities, presents or may present an unreasonable risk of injury to health or the environment. Requires that such list contain at a minimum certain categories of chemical substances. Sets forth a table describing such categories. Authorizes the Administrator to delete from or refine, by rule, the list of categories set forth in such table, on the basis that the chemical substances thus removed from the list do not meet the requirement of actually or potentially presenting an unreasonable risk through such activities. Revises provisions for EPA regulation of hazardous chemical substances and mixtures. Deletes a provision that requires the Administrator to use the least burdensome of specified requirements. Expands the scope of such regulation by adding EPA authority to: (1) prohibit the use or disposal of a hazardous chemical substance or mixture; (2) limit the amount of such a substance or mixture which may be used or disposed of; (3) limit the manufacturing, processing, distribution in commerce, use, or disposal of such a substance or mixture, where such activities give rise to release to the environment or human exposure in excess of levels specified by the Administrator in a rule imposing the requirement; (4) require that such substance or mixture or its containers be marked with or accompanied by warning and instructions with respect to its manufacture or processing (in addition to other specified activities); or (5) prohibit or otherwise regulate any manner or method of manufacture, processing, distribution in commerce, use, or disposal of such substance or mixture. Deletes certain limitations on the Administrator's authority to promulgate rules for such EPA regulation of hazardous chemical substances or mixtures under TSCA. Directs the Administrator, in promulgating such a rule, to make a reasonable attempt to impose the least burdensome requirements consistent with the primary goal of abating unreasonable risk to human health or the environment in a timely manner. Provides that the Administrator's judgment in this regard is discretionary and shall not be overruled in response to a challenge to such requirement except to the extent that it is arbitrary and capricious. Makes requirements for reporting and retention of information applicable to distributors, users, or disposers of chemical substances (while continuing the current distinction between large and small quantity activities). Authorizes the Administrator, as an alternative to a specified rule for reporting and retention of information, to require, by written request, any manufacturer, processor, commercial distributor, user, or disposer of a chemical substance to submit information to carry out TSCA. Requires the person involved to provide, within a reasonable time, the requested information insofar as it is known or reasonably ascertainable at the time of the request. Adds information requirements relating to: (1) amounts of chemical substances or mixtures used or disposed of; (2) impurities resulting from the manufacture, processing, use, or disposal of chemical substances or mixtures; (3) the extent of human exposure; (4) the delivery movement, or holding of chemicals, including the quantity, the date of shipment, and receipt, and the consignor and consignee; and (5) such data as may be reasonably necessary to evaluate the economic consequences of activities undertaken. Revises reporting and retention of information requirements relating to small quantity activities to add coverage of chemical substances or mixtures: (1) which are subject to a negotiated testing agreement; or (2) where the Administrator has reason to believe that the activities of the small manufacturer, processor, distributor, user or disposer may present an unreasonable risk of injury to human health and the environment and where additional information is needed to ascertain the nature and extent of such risk. Directs the Administrator to publish a current inventory of chemical substances at least every five years. Repeals specified provisions for the relationship of TSCA to other Federal laws (including certain provisions involving to filing of reports and waiting periods). Retains provisions for coordination with other Federal laws and provisions specifying TSCA's relationship to the Occupational Safety and Health Act of 1970. Repeals the general prohibition against TSCA's applicability to chemical substances or mixtures intented solely for export. Includes under export notice requirements chemical substances or mixtures which are subject to a negotiated testing agreement. Revises provisions for disclosure of data. Grants State authorities the same access to such information as that currently afforded to Federal authorities. Requires that designations of confidentiality for information be: (1) accompanied by statements of justification by the entity submitting the data; and (2) signed by an officer of such entity, with an affirmation that such officer believes such designation is valid. Provides that such confidentiality designations shall remain in effect until the chemical is manufactured. Allows redesignation, at the time manufacturing commences, of data which is believed to be still entitled to confidential treatment. Provides that, except for such provisions relating to the time of manufacture, such confidentiality designations shall remain in effect for three years from the date of such designation, subject to specified provisions. Allows renewals for additional three-year periods. Subjects any person who solicits disclosure or obtains confidential material knowing that its release was unlawful to the same criminal penalties as a person who wrongfully discloses such data. Directs the Administrator, within one year of enactment of this Act, to submit to the Congress: (1) a report on how TSCA information-gathering authorities have been and could be used to support other chemical regulatory programs; and (2) a report on the relationship between the authorities and requirements under TSCA and the activities of small businesses.
Bill· HRH.R. 6398 (98th)referred
United States · United States Congress · 4 October 1984
Hazardous Air Pollutants Amendments Act of 1984 - Amends the Clean Air Act (the Act) to revise provisions relating to hazardous air pollutants. Revises provisions for listing of certain unregulated pollutants to provide for expedited listing of hazardous air pollutants. Directs the Administrator of the Environmental Protection Agency (EPA), within 90 days after the enactment of the Clean Air Act Reauthorization Amendments of 1984 (the Amendments), to identify by publication at least 20 of those substances for which a decision must be made before December 31, 1986, under provisions for the listing of hazardous air pollutants. Provides that such substances shall be chosen from among the 37 candidate substances identified by the EPA as being in the assessment phase of the agency's process for review under provisions for national emission standards for hazardous air pollutants (NESHAP) and for which a decision has not been made under the hazardous air pollutant listing provisions within 90 days after the enactment of the Amendments. Directs the Administrator, if all of such 37 substances are not identified by the date so specified, to specify within the ninety-day period, a date by which a decision under hazardous air pollutant listing provisions will be made for each of the 37 substances which are not so identified. Provides that such date may not be later than December 31, 1987. Authorizes the Administrator to substitute for any of the 37 candidate substances another substance which, in the Administrator's judgment, is deemed to be a higher priority substance for consideration as a hazardous air pollutant within the meaning of specified NESHAP provisions. Provides that, if the Administrator fails to identify all 37 (or substitute) substances within such deadlines, all of the 37 substances shall be deemed to be subject to the December 31, 1986, deadline for a decision under hazardous air pollutant listing provisions. Directs the Administrator to establish a docket for the identified substance simultaneously with its identification. Sets forth requirements relating to the contents of such docket. Makes it the duty of the Science Advisory Board to make its comments on any health assessment available to the Administrator for inclusion in such docket within a specified period. Provides that, if the Administrator has not made a decision concerning any substance identified by the deadines specified under this Act, the making of that decision shall be treated as a nondiscretionary duty of the Administrator for purposes of citizen suit provisions and the notice requirement under such provisions shall be waived. Requires a presumption in any such proceeding that: (1) the docket for that substance has adequate and sufficient scientific and other information and analysis for making that decision; and (2) the Administrator has been dilatory in making the decision. Directs the court to expedite its consideration of such action and to require the making of that decision by the Administrator within a period of not more than six months. Prohibits the court in any such proceeding from considering the lack of funds or personnel for such decisions. Directs the court to retain jurisdiction over the proceeding and to issue such enforcement orders as it deems appropriate. Directs the Administrator, simultaneously with the listing of any hazardous air pollutant and of the categories of stationary sources which emit such pollutant, to promulgate a proposed schedule for establishing national emission standards for such pollutant from such categories of sources. Requires that such schedule: (1) take into consideration specified rulemaking requirements; (2) provide for establishment of such standards for each of such categories within 36 months after the date of listing of that category; and (3) include an opportunity for public hearings after a notice period of at least 60 days. Provides that a period of not more than 30 days following the promulgation of such a proposed schedule shall be available for written comment. Directs the Administrator to publish a final schedule within 45 days after the close of such period. Directs the Administrator to: (1) begin immediately after the listing of any such pollutant and sources to develop proposed national emission standards; and (2) publish proposed and final national emission standards under NESHAP provisions in accordance with the promulgated schedule. Declares that the paramount purpose of the requirements for expedited listing and standard-making of this Act, and of the requirements of NESHAPs provisions, is the protection of public health. Directs the Administrator, within one year after the enactment of the Amendments, and after consultation with the National Toxicology Program and other agencies, to publish a process for periodically selecting substances which shall be candidates for listing decisions under NESHAPs provisions. Requires that such process provide a procedure for the consideration of substances which have been found to be hazardous or a known carcinogen under other Federal programs and which are emitted into the air in significant amounts. Revises judicial review provisions to include listing any hazardous air pollutant and promulgating any NESHAP standard applicable to a stationary source among those actions of the Administrator for which a petition of review may be filed only in the U.S. District Court for the District of Columbia. Revises NESHAP provisions to direct the Administrator to publish, and from time to time revise, a list which includes each air pollutant which has been determined to be a hazardous air pollutant within the meaning of specified NESHAP provisions. Requires that such list also include the pollutants listed in accordance with the timetables established under this Act. Directs the Administrator, simultaneously with such listing of a hazardous air pollutant, to publish a list which identifies the various industrial and commercial stationary source categories of such hazardous air pollutant and contains estimates of the contribution of each such category to ambient concentrations. Directs the Administrator to establish emission standards for the emission of each such hazardous air pollutant listed from each category: (1) the emissions from which, in the Administrator's judgment, pose a reasonable possibility of endangering or otherwise having a significant adverse effect on public health; and (2) which the Administrator proposes to regulate under NESHAP provisions. Authorizes the Administrator to distinguish among classes, types, and sizes within categories of sources in establishing emission standards. Directs the Administrator, simultaneously with the listing of categories of stationary sources of a hazardous air pollutant or at any subsequent time before proposal of a standard for any such category, to publish a list of those categories of stationary sources of such pollutant which the Administrator judges may pose any actual or reasonable possibility of endangering or otherwise having a significant adverse effect on public health and is determined to be: (1) better controlled (within the time specified for issuing NESHAPs) under other provisions of the Clean Air Act or under another authority of law administered by EPA; or (2) a category (or portion thereof) of such stationary sources (such as residential wood stoves) which are too widespread and numerous to be reasonably susceptible to effective and enforceable control under NESHAPs provisions. Requires such list to include a statement of the basis of any judgment not to regulate a category under NESHAPs provisions. Requires that each NESHAP be established at a level which the Administrator judges to: (1) be designed to protect public health, taking into consideration both the extent of health risks to the exposed population and the magnitude of the risk to persons exposed to the highest concentrations of such hazardous air pollutant; and (2) include an ample margin of safety sufficient to ensure protection of public health without reducing emissions to zero unless the Administrator determines that a zero level is required to protect public health. Provides that nothing under these or other NESHAP provisions is intended to establish standards or technology requirements that will, in the Administrator's judgment, cause or directly contribute to the closing of any source temporarily (except to the extent required to construct or install needed technology) or permanently. Establishes NESHAP permit requirements. Requires, after the proposal of a NESHAP standard, that a NESHAP permit be obained for: (1) construction of any new stationary source in any category listed as emitting such hazardous air pollutant; or (2) modification of any existing stationary source in any such category if such modification will increase the emission of such pollutant. Requires that each such permit issued to any hazardous air pollutant stationary source: (1) after the date of promulgation a NESHAP standard for such pollutant require compliance by the source with an emission limitation which is at or as close as feasible to the level established by the applicable standard; and (2) after the proposal but on or before the date of promulgation of a NESHAP standard require compliance by the source with an emission limitation at or as close as feasible to the level established by the applicable proposed standard. Defines "feasible," for such purposes, as an emission limitation which requires the use of the best technology for the reduction of emissions of the hazardous air pollutant concerned which, in the judgment of the Administrator (or the delegated State), achieves the highest level of control achieved in practice by any source in the category concerned (or in a category of sources having similar air pollution control characteristics), taking into consideration cost and the health benefits to be achieved and the purpose of NESHAP provisions. Directs the Administrator, within one year after enactment of this Act, to prescribe the information required in each NESHAP permit application. Directs the Administrator to issue or decline to issue any such permit as soon as possible after an application is filed in the required form, but not later than one year thereafter. Authorizes the Administrator to set the appropriate permit term and conditions, including those for renewal and lead time for meeting applicable technology requirements. Requires the Administrator to review such permits at least every ten years, and to make revisions which the Administrator judges necessary to achieve the required emission level. Requires the Administrator to state the reasons for declining to issue a permit. Allows, in such caes, the owner or operator to submit a new application for a permit. Requires a NESHAP permit be applied for within one year after the date of promulgation of a NESHAP standard and obtained within two years (excluding Saturdays, Sundays, and Federal holidays) after such promulgation, in the case of any stationary source which: (1) is in any category of stationary sources for which such standard has been promulgated for the emissions of any hazardous air pollutant; and (2) commenced construction or modification on or before the date on which such standard was proposed. Provides that, in the case of any NESHAP standard promulgated before the enactment of the Amendments, the one-year deadline for permit application shall be deemed to be the date one year after such enactment. Provides that each NESHAP permit for a stationary source in any category shall require compliance by the source with an emissions limitation for each hazardous air pollutant which is at or close as feasible to the level established by the applicable NESHAP standard for sources in that category. Defines "feasible," for such purposes, as the greatest degree of emission reduction achievable through the application of the best system of continuous emission reduction which the Administrator (or State) determines has been: (1) adequately demonstrated on a commercial scale; or (2) shown to be reasonably certain to be ready for commercial application for the category of sources concerned. Directs the Administrator to take specified factors into account in making such determination. Authorizes the Administrator (or State) to prescribe a compliance schedule for each stationary source for which a NESHAP permit is issued. Provides that any such schedule prescribed by the Administrator shall be prescribed only after consultation with the State in which the source is located and may include interim measures. Prohibits, during the ten-year period following the issuance of a NESHAP permit, any more stringent emission limitation, compliance schedule, or other conditions with respect to the emissions of the hazardous air pollutant from any source under any other Clean Air Act provision or applicable implementation plan. Waives such prohibition if the owner or operator consents or if the source is modified after permit issuance. Revises NESHAP provisions for design, equipment, work practice, and operational standards to provide that such standards be consistent with the safety standard set forth in this Act. Revises the NESHAP definition of "hazardous air pollutant" to delete the condition that such air pollutant be one to which no ambient air quality standard is applicable. Authorizes the Administrator (or the delegated State) to: (1) suspend or revoke any NESHAP permit if the source owner or operator fails or refuses to comply with permit requirements; (2) reinstate a suspended or revoked permit upon determination of compliance; and (3) require as a permit condition that the owner or operator conduct monitoring necessary for determination of compliance and of the public health effects and extent of emissions. Revises provisions for Federal enforcement procedures to make conforming references to NESHAP permits. Revises judicial review provisions to provide that petitions for such review of EPA actions may be filed only in: (1) the U.S. Court of Appeals for the District of Columbia, in the case of a listing of any hazardous air pollutant together with a listing of category of stationary sources under NESHAP provisions (as well as in the case of promulgating any natural emission standard for a category of stationary soruces under NESHAP provisions); and (2) the U.S. Court of Appeals for the appropriate circuit,in the case of issuing or revoking a NESHAP permit. Prohibits the determination of the Administrator to list any substance under NESHAP provisions from being reviewed in any judicial review proceeding under NESHAP provisions establishing a standard or other requirement applicable to emissions of such substance. Provides that judicial review of the listing of any substance under NESHAP provisions shall not affect the Administrator's obligations, under provisions for the listing of certain unregulated pollutants or under NESHAP provisions, to list under NESHAP provisions any category of sources which emit such substance or to propose or promulgate any NESHAP standard applicable to such sources. Provides that nothing in any amendment made by this Act shall affect the listing of any air pollutant, the proposal, promulgation, or revision of any standard, or any other action taken by the Administrator under NESHAP provisions before the enactment of this Act. Requires that, after such enactment, any revision of any such list, and any proposal, promulgation, or revision of any such standard comply with such amendments.
Bill· SS. 3014 (98th)open
United States · United States Congress · 21 September 1984
Hazardous Substance Response Act of 1984 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) and the Internal Revenue Code to add provisions for the imposition of an environmental excise tax on the disposal or long-term storage of hazardous waste. Imposes such tax on: (1) the receipt of hazardous waste for disposal at a qualified hazardous waste disposal facility; or (2) long-term storage of a hazardous waste in a qualified waste storage facility. Sets the amount of such tax at: (1) $45 for each ton of hazardous waste which is disposed of by landfill, in waste piles, or by surface impoundment; (2) $25 for each ton of hazardous waste which is disposed of by ocean dumping or land treatment; (3) $5 for each ton of hazardous waste which is disposed of by underground injection; and (4) $45 for each ton of hazardous waste which is placed in long-term storage. Provides for an alternative computation of such tax. Allows the owner or operator of a qualified hazardous waste disposal or long-term storage facility to elect to pay a tax of $50 per ton on the amount of waste deposited for disposal or storage, reduced by the weight of water which the owner or operator can establish is in such waste, in lieu of the taxes which would otherwise be paid under this Act. Provides for an exclusion from such tax for certain wastes. Provides such exclusion for wastes which are, as of the enactment date of this Act, exempt from regulation as hazardous waste under specified provisions of the Solid Waste Disposal Act. Directs the Administrator of the Environmental Protection Agency, in the event that any such waste is determined to pose a potential danger to human health and the environment and disposal regulations are promulgated, to transmit to Congress recommendations for imposing such tax, if any, on such waste. Provides that such tax shall be imposed on such waste only when authorized by Act of Congress. Provides such exclusion for wastes which are not, as of the enactment date of this Act, identified or listed under specified provisions of the Solid Waste Disposal Act. Provides that such tax shall be imposed on such waste only when authorized by an Act of Congress. Provides such exclusion for wastes in a surface impoundment which: (1) contains treated waste water during the secondary or tertiary phase of a biological treatment facility subject to a permit issued under specified provisions of the Clean Water Act (or which holds such treated waste after treatment and prior to discharge); and (2) is in compliance with generally applicable water monitoring requirements for facilities with permits under hazardous waste management provisions of the Solid Waste Disposal Act. Provides such exclusion for any waste: (1) the disposal or long-term storage of which is carried out by any person in the course of carrying out any removal or remedial action under CERCLA if such disposal is carried out in accordance with a plan approved by the Administrator or the State; (2) removed from any facility listed on the National Priorities List; or (3) removed from a facility for which notification has been provided to the Administrator pursuant to specified CERCLA provisions. Sets forth provisions for liability for such tax. Imposes such tax on: (1) the owner or operator of the qualified hazardous waste disposal or storage facility at which the hazardous waste is disposed of or stored; or (2) the person disposing of the hazardous waste, in the case of hazardous waste disposed of or stored for a long term at other than a qualified hazardous waste disposal or storage facility but required by regulation to be disposed of or stored at a qualified facility. Provides for a credit for prior tax. Requires that a credit be allowed in the computation of any tax due under this Act on the disposal of a hazardous waste for any tax previously paid under this Act by the disposer on the long-term storage of such hazardous waste. Provides that, in the event that a person who has paid a tax under this Act on the long-term storage of a hazardous waste causes such hazardous waste to be delivered to and received by another person who is the owner or operator of a qualified hazardous waste disposal facility, then the person who paid the tax on the long-term storage shall be allowed a credit for such tax in the computation of any tax subsequently due on the long-term storage or disposal of such waste. Establishes a presumption that the last of fungible waste placed in a qualified hazardous waste storage facility shall be the first to be removed from such facility, for purposes of determining any such credit allowances for such fungible waste. Provides for fractional taxing of a fraction of a ton. Provides that such tax shall not apply to the hazardous waste which is received for disposal or placed into long-term storage prior to the effective date of this Act. Terminates such tax after September 30, 1990. Sets forth definitions for purposes of this Act. Sets forth requirements for recordkeeping, statements, and tax returns under this Act. Requires every person who disposes of or stores hazardous wastes for one year or more subject to taxation under this Act to keep records, render such statements, make such returns, and comply with rules and regulations as the Secretary of the Treasury may prescribe to ensure the proper assessment, payment, and collection of the taxes imposed by this Act. Directs the Secretary to consult with the Administrator to ensure that such records, statements, and return shall be consistent, to the extent possible, with the reports required to be submitted to the Administrator under the Solid Waste Disposal Act. Authorizes the Secretary to require any person who generates, transports, disposes of, or stores hazardous wastes for one year or more and who is required to maintain records under the Solid Waste Disposal Act, the Marine Protection, Research and Sanctuaries Act, or the Safe Drinking Water Act, to submit copies of such reports or make such reports available to the Secretary as required. Provides that the amendments made by this Act, unless otherwise provided, shall take effect January 1, 1986. Directs the Secretary, in consultation with the Administrator, to report to Congress by January 1, 1987, on the amount of revenues being collected in accordance with this Act. Requires such report to include the Secretary's recommendations, if any, for changes in such tax in order to: (1) raise an amount of revenue equivalent to the anticipated amount of revenue from the tax originally imposed under this Act; (2) ensure that the tax is discouraging the disposal of waste in an environmentally unsound manner; and (3) ensure that the tax is being collected with maximum administrative feasibility. Revises CERCLA provisions for transfers to the Hazardous Substance Response Trust Fund (Superfund) to include amounts received in the Treasury under Internal Revenue Code provisions, as added by this Act, for the tax on disposal or long-term storage of hazardous waste.
Bill· SS. 2959 (98th)open
United States · United States Congress · 10 August 1984
Superfund Expansion and Protection Act of 1984 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) (the Act) to revise the definition of "hazardous substance" to include petroleum (including crude oil or any fraction thereof) which: (1) is released from an underground storage tank (as defined in title IV of this Act); or (2) may present a significant risk to human health. Transfers the definition of "pollutant or contaminant" from under provisions for response authorities under the Act to among the definitions for purposes of the entire Act. Provides that such term shall include petroleum (including crude oil or any fraction thereof) only in the case of a release from an underground storage tank as defined in title IV of this Act. Adds references to "pollutants or contaminants" under specified provisions of the Act. Includes under the definition of "release" the abandonment or discarding of barrels, containers, and other closed receptacles containing hazardous substances or pollutants or contaminants. Revises conditions under which the terms "remedy" or "remedial action" may include offsite transfer, storage, treatment, destruction, or secure disposition. Requires that such offsite actions must be determined to be at least as cost-effective as other remedial actions. Requires the President, in making such a determination, to take into account: (1) the long-term uncertainties associated with land disposal; (2) the goals, objectives, and requirements of the Solid Waste Disposal Act; (3) the persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous substances; and (4) the long-term maintenance costs of alternative remedial actions. Directs the Administrator of the Environmental Protection Agency (EPA) (the Administrator) to promulgate regulations establishing reportable quantities for: (1) all hazardous substances other than carcinogens, within six months after enactment of this Act; and (2) the remaining hazardous substances, by October 1, 1986. Increases the amount of criminal fines and the duration of criminal sentences for specified violations under the Act. Adds civil penalties for specified violations under the Act. Revises response authorities provisions. Requires that any removal action undertaken by the Administrator or any other person with respect to any release or threat of release shall contribute to the efficient performance of any long-term remedial action with respect to such release or threatened release. Authorizes the Administrator to undertake any such response action unless the Administrator determines that such action will be done properly by the owner or operator of the facility from which the release or threatened release emanates, or by any other responsible party. Directs the Administrator, in undertaking any information gathering or planning under such response authority provisions, to assess the potential effects on human health associated with the release or threatened release. Revises response authorities provisions relating to agreements with States. Requires States to make specified agreements with the Administrator, rather than with the President. Eliminates the requirement that a State assure all future maintenance of the removal and remedial actions provided for the expected life of such actions. Requires the State to pay ten percent of the costs of remedial action and ten percent of all future operation and maintenance costs of any onsite remedial action. Requires a 50 percent or greater State share of response costs only in the case of facilities operated, as well as owned, by the State or local government at the time of hazardous waste disposal. Requires the State to also pay all future operation and maintenance costs of any onsite remedial action at such State or locally owned and operated facilities. Provides for credits to any State which has paid more than a ten percent share of remedial costs at a facility owned, but not operated, by such State or local government. Provides that reasonable administrative expenses may be credited against a State's ten percent share. Provides for credits to a State under prescribed circumstances in which State or local funds are expended. Sets forth mandatory cleanup standards. Directs the Administrator, rather than the President, to select appropriate cost-effective remedial actions determined to be necessary. Requires that such actions be in accordance with: (1) the National Contingency Plan to the extent practicable; and (2) a required protection level. Directs the Administrator, in evaluating the cost-effectiveness of a remedial action, to select (to the maximum extent practicable and consistent with the public health and welfare and the environment) permanent solutions and alternative treatment technologies or resource recovery technologies that will result in a permanent and significant decrease in the toxicity, mobility, or volume of the hazardous substance, pollutant, or contaminant, taking specified factors into account. Requires that the remedial action provide for a level or standard of control necessary to protect human health and the environment. Requires that such level or standard be as stringent as the most stringent applicable standard under the Toxic Substances Control Act, Safe Drinking Water Act, Clean Air Act, or Clean Water Act (or water quality criteria under the Clean Water Act). Requires that any remedial action which provides for containment at the facility comply with standards applicable to facilities required to obtain hazardous waste management permits under the Solid Waste Disposal Act. Authorizes the Administrator to waive the requirement of the most stringent applicable standard, or of the specified containment standard, and to select an alternative remedial action upon a finding that: (1) such alternative remedial action will provide substantially equivalent protection; or (2) compliance with such requirements at that facility will consume such a disproportionate share of the resources of the Hazardous Substances Trust Fund (the Fund) as to have the effect of deferring or preventing remedial action at other facilities which pose a significantly greater threat to human health and the environment. Prohibits permit requirements for any removal or remedial action undertaken pursuant to the Act at the location of the release or threatened release. Authorizes the Administrator to establish the exclusive administrative procedures for making any determination under provisions for required protection level. Revises provisions for information gathering and access authorities to refer to the Administrator, rather than the President. Applies specified information requirements to generators of hazardous wastes, even if such information is available at the facility where such waste is located. Provides for access to such facilities by duly designated Federal and State officers, whenever necessary to carry out any provision of the Act, at reasonable times and for a reasonable duration. Prohibits anyone from impeding or interfering with such entry. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles including specified information, sufficient to establish the likely effect on human health of at least 100 hazardous substances which are most frequently found or which pose the most significant threat to human health at facilities listed on the National Priorities List prepared under the National Contingency Plan. Requires that the 100 profiles be completed 48 months after enactment of this Act (at 12-month intervals for four groups of 25 substances). Adds new provisions for public participation in remedial action planning. Sets forth requirements and procedures for public notice and opportunity to comment on such plans. Authorizes the Administrator to make grants available to any group of individuals who may be affected by a release or threatened release at any facility which is listed on the National Priority List under the National Contingency Plan. Provides that such grants shall be for enabling the group to obtain expert advice and technical assistance to review and assess data and information prepared and required to be published by the Administrator with respect to such facility. Limits such grants to not more than four-fifths of the total costs of such advice and assistance. Requires each grant recipient to contribute at least one-fifth of the total of such costs. Prohibits more than one such grant from being made with respect to a single facility. Sets forth mandatory remedial action schedules. Directs the Administrator (of EPA) to commence remedial investigations for all facilities which are listed, as of the enactment date of this Act, on the National Priorities List (NPL) in accordance with the following schedule: (1) one-third of such facilities within eight months after such enactment date; (2) two-thirds within 16 months after such date; and (3) all within 24 months after such date. Directs the Administrator to list not fewer than 1,600 facilities on the NPL by January 1, 1988. Directs the Administrator to insure commencement of remedial actions and feasibility studies for each facility added to the NPL after the enactment date of this Act, beginning 24 momths after such enactment date, according to a schedule which provides for such commencement at: (1) 200 facilities during the first 12 months after such 24-month period; (2) 275 facilities during the next 12 months; and (3) 375 facilities during the third 12 months. Directs the Administrator to ensure that substantial and continuous physical on-site remedial action commences at facilities on the NPL at a rate of not fewer than 150 facilities per year beginning on October 1, 1986. Directs the Administrator to complete by January 1, 1987, preliminary assessments of all sites listed, as of the enactment date of this Act, on the Emergency and Remedial Response Information System. Directs the Administrator to ensure that remedial action is completed, to the maximum extent feasible, for all facilities listed as of the date of enactment of this Act on the NPL within five years after such enactment date. Directs the Administrator to publish an explanation of why any such remedial action could not be completed within such period. Sets forth provisions for citizen petitions for health effects studies and for emergency relief. Allows any individual or group of individuals to submit a petition to the Administrator providing evidence which: (1) demonstrates that such individual or individuals are being exposed to any hazardous substance; and (2) provides an empirical analysis of the level of exposure. Directs the Administrator to initiate a health effects study upon determination that: (1) there is a reasonable likelihood that such substance is from a facility where such substance is or was treated, stored, recycled, or disposed of, on a regular basis, or where removal action is being or was taken under any provision of the Act; and (2) the exposure may present a significant risk to human health. Directs the Administrator (or the ATSDR Administrator if so designated by the Administrator), within 45 days after receipt of such petition, to: (1) initiate a health effects study; or (2) publish a written explanation of the determination which prevented initiation of the study. Requires that each such health effects study be completed within six months after the date the petition is filed and include specified information. Requires that steps be taken to eliminate any significant risk to human health which such study finds the exposure concerned presents. Provides that such steps may include provision of alternative drinking water supplies and relocation of individuals. Requires that the National Contingency Plan (NCP) be revised within 18 months after the enactment of this Act to reflect the amendments made by this Act. Requires that the portion of the NCP known as "the National Hazardous Substance Response Plan" be revised to provide procedures and standards for remedial actions consistent with protection level requirements under this Act. Sets forth provisions for citizen petitions for site ranking. Directs the Administrator, within 12 months after receipt of a citizen petition, to complete a preliminary assessment of the hazards to public health and environment associated with any actual or threatened release of a hazardous substance or pollutant or contaminant. Directs the Administrator, if such assessment indicates a significant threat, to make a prompt evaluation in accordance with the hazard ranking system referred to under specified provisions of the Act to determine the national priority of such release or threatened release. Requires that plan criteria for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action shall also take into account: (1) the release-associated damage to natural resources which may affect the human food chain; and (2) the release-associated contamination or potential contamination of the ambient air. Sets forth provisions for abatement actions. Directs the Administrator, within 18 months after enactment of this Act, and after consultation with the Attorney General, to revise and republish specified guidelines for using imminent hazard, enforcement, and emergency response authorities to effectuate the responsibilities and powers created by this Act. Authorizes the Administrator to establish administrative procedures regarding the opportunity for a person to object to an abatement order under this Act. Provides that no court shall have jurisdiction to review any such abatement order in any action other than an action to: (1) enforce such order; (2) recover a penalty for a violation; or (3) recover punitive damages. Revises liability provisions to provide for liability for Federal or State costs of removal or remedial action with respect to a release or threatened release (whether or not such action is consistent with the NCP). Adds liability for Federal or State costs of information gathering with respect to a release or threatened release. Adds liability for the costs of any action taken by the Administrator, under specified citizens petition and emergency relief provisions of this Act, to eliminate a significant risk to human health presented by exposure to a hazardous substance, pollutant, or contaminant and the costs of any health effects study carried out under such provisions with respect to such exposure. Provides that liability under the Act (CERCLA) shall be strict, joint, and several as construed and applied under specified provisions of the Federal Water Pollution Control Act and under these CERCLA liability provisions. Provides that amounts recoverable shall include interest at a specified rate. Prohibits the Attorney General from representing any Federal agency (other than the EPA) in any civil action under title I (Hazardous Substances Releases, Liability, Compensation) of the Act (CERCLA). Authorizes the head of any such Federal agency to appoint agency attorneys or contract with non-Federal attorneys to represent the agency in any such action. Provides that, in any action under liability provisions of the Act, the results of laboratory tests conducted by the Administrator (or by a State) to determine what substances are present at the facility where a release or threatened release occurs may be introduced into evidence and shall be presumed to be accurate. Provides that such presumption shall be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Provides that nothing under such liability provisions shall be construed to affect the equitable powers of apportionment of any court following adjudication of liability. Provides that a defendant who establishes by a preponderance of the evidence that the specified harm is divisible shall be liable only for the appropriate portion. Allows any defendant held liable for response costs or damages in actions under liability provisions of the Act to bring a separate action in the appropriate U.S. district court to require any other person who was, or could have been, a defendant in the prior enforcement or cost recovery action to contribute to payment of such costs or damages. Sets forth similar liability provisions, including such "right of contribution," under provisions for abatement orders. Adds to authorized uses of the Fund the payment of any costs incurred under provisions of this Act: (1) relating to emergency relief and health effects studies; (2) by the ATSDR in preparing specified toxicological profiles; and (3) by the Administrator in evaluating facilities pursuant to petitions for preliminary assessments of hazards to public health. Eliminates a requirement that 85 percent of specified money credited to the Fund be available only for specified purposes. Limits to six percent of such money the amount available for payment of specified claims. Revises audit provisions to direct the Inspector General of the EPA, in each fiscal year, to: (1) conduct an annual audit of the Fund; (2) report on the status of all remedial and enforcement actions taken during the prior fiscal year; and (3) estimate the amount of resources, including the number of work years or personnel, which would be necessary for the Administrator to complete the implementation of all duties vested in the Administrator under this Act. Requires that such audit and such status report: (1) include specified information; and (2) be reported annually by the Inspector General to the Congress. Prohibits any potentially liable person from seeking judicial review of any determination to incur any governmental response costs pursuant to response authorities provisions or to utilize the Fund for payment of such costs except in an action to recover such costs under liability provisions. Revises statute of limitations provisions under the Act. Prohibits, with specified exceptions for minors or incompetent persons, presentation of any claim or commencement of any action for damages, as defined under the Act, beyond three years after the later of: (1) the date of the discovery of the loss; (2) the date on which regulations are promulgated under specified provisions for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act; or (3) the date on which regulations are promulgated establishing procedures for the filing of such claims. Sets a statute of limitations of six years after the date of the completion of the response action for presentation of claims or commencement of actions for recovery of response costs in cases involving the responsible person's willful misconduct or willful negligence, violation of safety, construction, or operating standards or regulations, or failures or refusals to provide reasonable cooperation and assistance requested by public officials. Extends the deadline for promulgation of regulations for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or a hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act. Sets forth provisions concerning the relationship of this Act to other law. Authorizes States to require any person to contribute to any fund to pay compensation for claims for any response costs or damages or claims which may be compensated under the Act. Title II: Miscellaneous Provisions - Authorizes citizen lawsuits under the Act (CERCLA). Sets forth provisions relating to such citizen lawsuits. Directs the Administrator to commence, within six months after the enactment of this Act, the study required under specified provisions of the Solid Waste Disposal Act concerning drilling fluids and other wastes associated with oil exploration. Title III: Regulation of Underground Storage Tanks - Establishes a program for identification and regulation of underground storage tanks containing hazardous substances (including petroleum products) and for cleanup of leaks from such tanks. Defines "hazardous substance" for purposes of this title as: (1) any substance designated pursuant to specified provisions of the Federal Water Pollution Control Act; (2) any element, compound, mixture, solution, or substance designated pursuant to the CERCLA definition of "pollutant or contaminant," as added by this Act; (3) any hazardous waste having the characteristics identified under or listed pursuant to hazardous waste management provisions of the Solid Waste Disposal Act (but not including any waste the regulation of which under such Act has been suspended by Act of Congress); (4) any toxic pollutant listed under specified provisions of the Federal Water Pollution Control Act; (5) any hazardous air pollutant listed under specified provisions of the Clean Air Act; (6) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to specified provisions of the Toxic Substances Control Act; and (7) any petroleum product or fraction thereof. Excludes from such term natural gas, natural gas liquids, propane, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Defines "underground storage tank" to include underground pipes connected to such a tank, and lists the following exclusions from this term: (1) farm or residential underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) underground storage tanks used for storing heating oil for consumptive use on the premises where stored; (3) residential septic tanks; (4) pipelines regulated under the Natural Gas Pipeline Act of 1968; or (5) surface impoundments, pits, ponds, lagoons, or basins. Sets forth notification requirements applicable to any person who, during the calendar year immediately preceding the calendar year in which this title was enacted, has supplied any hazardous substance to 100 or more sites where there is an underground storage tank which is or has been used for the storage of any hazardous substance. Requires such persons to notify a designated State or local agency of the existence of any such tank located at such a site. Directs the Administrator, within eight months after the enactment date of this Act, to promulgate regulations (taking into account the effect on small business) regarding the providing of notice to obtain information concerning any such tanks which are not located at such sites. Requires that the notice required of such persons supplying hazardous substances to 100 or more sites where such tanks are located be provided within 12 months after the enactment of this Act. Requires that the notice required with respect to all other sites where such tanks are located be provided within 12 months after the promulgation of such regulations. Requires that specified information be contained in those notices required of the suppliers to 100 or more sites and in those notices required of owners or operators which install or bring into use an underground storage tank after the enactment of this Act. Sets forth other information requirements for notices required of the suppliers to 100 or more sites, and for notices required pursuant to regulations for tanks at other sites, in the case of any such tank used for such storage prior to the enactment of this Act but taken out of operation before such enactment date (but after January 1, 1974). Provides that notice shall not be required under this title in the case of any tank for which notice was given pursuant to specified provisions of CERCLA. Requires any owner or operator which installs or brings into use an underground storage tank after the enactment of this Act to notify the designated State or local agency within a specified period. Directs the Governor of each State, within 90 days of such enactment date, to designate the appropriate State or local agencies to receive such notifications. Directs the Administrator, within 180 days of such enactment date and in consultation with designated State and local officials, to prescribe in greater detail the form and content of such notifications. Provides that, if a Governor chooses not to designate a State or local agency for such purpose, such notifications shall be submitted to the Administrator. Requires the State, if such notifications are submitted to a designated State or local agency, to compile the submitted information into a comprehensive inventory and furnish such inventory to the Administrator within 18 months of such enactment date. Sets forth provisions for release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks used for storing hazardous substances. Directs the Administrator, within nine months after the enactment of this Act, to complete a survey of underground storage tanks used for the storage of hazardous substances, including an assessment of specified factors relating to the likelihood of releases from such tanks. Directs the Administrator to promulgate such regulations after opportunity for public comment and within 27 months after enactment of this Act. Requires that such regulations include requirements respecting specified areas, including: (1) leak detection or inventory systems and tank testing; (2) records of such testing, inventory, or detection; (3) reporting releases and corrective actions; (4) standards of performance for new underground tanks, including specified requirements; (5) corrective actions (including appropriate testing of potentially contaminated drinking water); (6) closure to prevent future release; and (7) evidence of financial responsibility for taking corrective action and for bodily injury and property damage to third parties. Directs the Administrator to take specified factors into consideration in issuing such regulations. Prohibits, until the effective date of such regulations and after 180 days from the enactment of this Act, any person from installing or beginning to use an underground storage tank to store hazardous substances unless such tank is cathodically protected against corrosion, constructed of a noncorrosive material, or contained in a manner designed to prevent the release into the environment of any stored hazardous substances. Sets forth provisions for the Administrator's review and approval of State programs for underground storage tank release detection, prevention, and correction. Requires the State to demonstrate that the State program is equivalent to the Federal program under this title and that it provides for adequate enforcement of compliance with program requirements. Requires that a State's new tank standards be no less stringent than the performance standards promulgated by the Administrator pursuant to this title. Provides for notice and opportunity for public comment before determinations concerning approval of State programs are made. Gives States with approved programs primary enforcement responsibility for requirements related to control of underground storage tanks used to store hazardous substances. Provides for withdrawal of approval upon the Administrator's determination, after public hearing, that a State is not administering and enforcing the program in accordance with specified requirements. Sets forth provisions relating to inspections, monitoring, and testing. Sets forth provisions for confidentiality of information, and criminal penalties for violations of such confidentiality. Requires that all information reported to, or otherwise obtained by, the EPA under this Act be made available, upon written request, to any duly authorized committee of the Congress. Sets forth provisions for Federal enforcement of requirements under this Act. Sets forth civil penalties for specified violations. Makes requirements under this Act applicable to Federal facilities. Authorizes the President to grant exemptions from such requirements upon determination that it is in the paramount interest of the United States to do so. Requires the President to report annually to Congress on such exemptions and the reasons for granting them. Provides that nothing in this Act shall preclude or deny any State or local authority to regulate more stringently underground storage tanks used to store hazardous substances. Directs the Administrator, within 36 months after the enactment of this title, to study the following underground storage tanks exempted under the definition of "underground storage tanks": (1) farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; and (2) tanks used for storing heating oil for consumptive use on the premises where stored. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of the study, with recommendations as to whether or not such tanks should be subject to regulation under this title. Title IV: Amendments of the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to increase the environmental tax on petroleum from 0.79 cent to 4.5 cents a barrel, effective October 1, 1985. Extends the period before such tax is terminated until September 30, 1990. Repeals specified CERCLA sunset provisions relating to expiration of the authority conferred by CERCLA to collect environmental taxes. Repeals specified provisions of the Hazardous Substance Response Revenue Act of 1980 relating to the Post-Closure Tax and Trust Fund, and the amendments made by such provisions. Repeals specified CERCLA provisions relating to the Post-Closure Liability Fund. Requires that all sums credited to the Post-Closure Liability Trust Fund established under the Hazardous Substance Response Revenue Act of 1980 which have not been obligated prior to the date of enactment of this title shall be refunded to the persons who paid taxes under specified provisions of the Internal Revenue Code. Requires that such funds be made on a ratable basis in proportion to the total amount of such taxes which were paid by each such person. Adds provisions for a waste end tax, effective January 1, 1987, to Internal Revenue Code provisions for environmental taxes. Imposes such waste end tax on the disposal of any hazardous substance, if such disposal is required to be carried out in compliance with hazardous waste management provisions of the Solid Waste Disposal Act. Sets the amount of such waste end tax in the case of: (1) any hazardous substance for which there is in effect under specified CERCLA regulations a reportable quantity of one pound or less, at $15 for each metric ton disposed of by underground injection and $30 for each metric ton not disposed of by such method; (2) all hazardous substances for which there is in effect under specified CERCLA regulations a reportable quantity of more than one pound, at $5 for each metric ton disposed of by underground injection and $10 for each metric ton not disposed of by such method. Provides that, in the cases of mixtures of hazardous substances with reportable quantities of one pound or less and those with reportable quantities more than one pound, the entire mixture shall be deemed to have a reportable quantity of one pound or less. Requires the owner or operator of the facility to pay such waste end tax with respect to the disposal of any hazardous substance at a facility for which a permit is in effect under the hazardous waste management provisions of the Solid Waste Disposal Act. Requires the person disposing of the hazardous substance to pay such waste end tax with respect to any other disposal of any hazardous substance. Provides that such waste end tax shall not apply after September 30, 1990. Sets forth exemptions from such waste end tax. Provides that such tax shall not apply to the disposal of: (1) any substance by incineration in accordance with the standards applicable to incineration facilities under hazardous waste management provisions of the Solid Waste Disposal Act; (2) any substance by any person in the course of carrying out any removal and remedial action under CERCLA; or (3) any solid waste which is required to be studied under specified provisions of the Solid Waste Disposal Act unless, after the completion of the studies, a law is enacted subjecting such waste to the waste end tax. Sets forth definitions and special rules relating to such waste end tax, including rules treating waste as disposed of not later than one year after generation and as generated not earlier than the date such waste is identified as hazardous, and a rule imposing a fraction of the tax for a fraction of a metric ton of waste. Amends the Hazardous Substance Response Revenue Act of 1980 to provide that revenues from such waste end tax shall be deposited in the Hazardous Substance Response Trust Fund. Amends Internal Revenue Code provisions relating to the environmental tax on certain chemicals (and metals). Increases the rate of such tax on most chemicals on the list (but decreases such tax rate for methane). Adds other chemicals (and metals) to such tax list. Eliminates the listings of zinc chloride and zinc sulfate, but adds zinc to the list for purposes of such tax. Revises the exemption for substances derived from coal from such tax on chemicals to provide that the following substances shall not be exempt from such tax: benzene, tolvene, xylene, naphthalene, tars, and light oils. Expands the exemption for substances used in the production of fertilizer from such tax on chemicals to include as qualified substances specified substances which are sold for resale by any purchaser for use or for resale for ultimate use in a qualified use. Makes such amendments relating to the tax on certain chemicals effective on October 1, 1985. Amends the Hazardous Substance Response Revenue Act of 1980 to revise provisions relating to the Hazardous Substance Response Trust Fund (the Fund). Authorizes appropriations to the Fund for FY 1986 through 1990. Expands the scope of authorized expenditures from the Fund by authorizing expenditures for other (currently related) costs described under specified CERCLA provisions. Increases from 85 percent to 94 percent the Fund amounts reserved for expenditures for specified purposes. Revises provisions relating to the Fund's authority to borrow repayable advances. Extends through March 31, 1988, the period during which advances may be made for payment of response costs. Extends through September 30, 1990: (1) the period during which other advances may be made to the Fund; and (2) the deadline for final repayment of all advances to the Fund.
Bill· HRH.R. 6151 (98th)open
United States · United States Congress · 10 August 1984
Amends the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to modify a State's priority list of water treatment works construction projects upon the Administrator's determination that Federal funds for such projects have not been equitably distributed within such State. Sets forth factors to be considered and procedures to be followed in making such a determination.
Bill· SS. 2892 (98th)open
United States · United States Congress · 31 July 1984
Superfund Amendments of 1984 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to add a definition of "underground storage tank." Revises the definition of "hazardous substance" to include any petroleum substance contained in an underground storage tank. Excludes from specified liability provisions persons who have sold or delivered a petroleum product intended for resale or use which is subsequently stored in an underground storage tank. Provides for cost recovery for responses to releases of pollutants or contaminants by adding the terms "pollutants or contaminants" to specified references to hazardous substances under liability provisions. Requires listing of pollutants or contaminants as hazardous substances under specified conditions. Directs the Administrator of the Environmental Protection Agency (the EPA Administrator), within one year after the initiation of response to a release or threat of release of a pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare, to decide whether to designate such pollutant or contaminant as a hazardous substance. Directs the EPA Administrator to publish such decision. Directs the EPA Administrator, if the decision is in the affirmative, to simultaneously promulgate such designation as an interim final regulation. Increases criminal penalties for specified violations under CERCLA. Amends the Clean Water Act to revise criminal penalty provisions. Increases criminal penalties for specified violations. Sets forth penalties for persons who negligently or knowingly introduce into a sewer system or into a publicly owned treatment works any pollutant or hazardous substance which causes or may reasonably be anticipated to cause personal injury or property damage, or causes such treatment works to violate any effluent limitation or condition in any permit issued to the treatment works under specified provisions of the Clean Water Act by the EPA Administrator or a State. Provides that no State shall be required, before July 1, 1986, to modify a permit program approved or submitted under specified provisions of the Clean Water Act as a result of the amendment made by such provisions of this Act. Authorizes, under CERCLA, 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. Revises CERCLA provisions relating to the State share of costs of remedial actions in response to a release of a hazardous substance at a disposal facility owned by a State or local government. Requires that such facility be operated, as well as owned, by the State or local government in order for such provisions to apply. Provides that, for purposes of such State share of cleanup costs at facilities owned and operated by a State or local government, "facility" does not include navigable waters or the beds underlying those waters. Provides for reimbursement to the State of any amount paid by the State after the enactment of this Act in excess of ten percent of the costs of remedial action at a facility owned but not operated by the State or local government. Revises health-related response authority provisions to provide that, in cases of public health emergencies declared by a Federal or State public health official authorized by Federal or State law to make such declarations, exposed persons shall be eligible for admission to and treatment at hospitals or other facilities which provide medical care or assistance. Requires that the costs of such treatment be treated as removal costs for purposes of response authority provisions. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (the ATSDR Administrator) to: (1) within six months after the enactment of this Act, prepare a list of at least 100 hazardous substances, pollutants, or contaminants which, in the sole discretion of the ATSDR Administrator, are determined to be most often released into the environment or found at the location of responses under response authority provisions or at facilities on the National Priority List; (2) within 24 months after such enactment, prepare a list of an additional 100 or more such hazardous substances, pollutants, or contaminants; and (3) at least annually thereafter, add to such list other substances which are frequently found or otherwise pose a potentially significant threat to human health by reason of their physical, chemical, or biological nature. Directs the ATSDR Administrator, following a review of the existing literature, to initiate a research program for each hazardous substance, pollutant, or contaminant so listed. Requires that such research program: (1) be designed to determine the health effects of such substance, both by itself and in combination with other substances with which it is commonly found, and techniques for developing methods to determine such health effects; and (2) include specified types of studies and information. Directs the ATSDR Administrator to prepare, based on the data developed and collected on the health effects of hazardous substances, toxicological profiles sufficient to establish the likely effect on human health of each of the substances so listed. Requires that such profiles be revised and republished as necessary, but no less often than once every five years. Requires that the costs of such research and preparation of profiles be treated as response costs for purposes of recovery under liability provisions. Allows any individual or group of individuals or any State or local public health authority or any licensed physician to submit a petition to the ATSDR Administrator providing evidence that: (1) such individual or individuals are or have been exposed to a hazardous substance, pollutant, or contaminant; (2) such exposure has resulted or is resulting in levels of illness in excess of what is to be expected; and (3) the probable source of such exposure is a release under CERCLA. Directs the ATSDR Administrator, within 60 days after receipt of such petition, to: (1) initiate a health effects study; or (2) determine that such a study is unwarranted, and provide a written explanation of such determination. Provides that such a determination shall constitute final agency action for purposes of judicial review under CERCLA or the Administrative Procedures Act. Requires that each such health effects study ascertain specified information. Directs the President to take such steps as may be necessary to eliminate any significant risk to human health which such study finds the exposure concerned presents. Provides that such steps may include provision of alternative household water supplies and permanent or temporary relocation of individuals. Provides that nothing in such health effects study and emergency relief provisions shall be construed to delay or otherwise affect or impair the authority of the EPA Administrator to exercise any authority vested in the EPA Administrator under any other provision of law (including but not limited to the imminent hazard authority under specified provisions of the Solid Waste Disposal Act) or the response and abatement authorities under CERCLA. Provides that the ATSDR Administrator, in implementation of these and other health-related authorities under CERCLA: (1) is authorized to provide for peer review where appropriate; and (2) shall establish and maintain a program of clinical training for physicians and other health professionals. Directs the President, for the purpose of implementing these and other health-related authorities under CERCLA, to provide adequate personnel (no fewer than 100 full-time equivalent employees) to the ATSDR. Includes under authorized uses of the Hazardous Substance Response Trust Fund (Superfund) the costs of such laboratory studies and health assessments. Revises provisions relating to the National Contingency Plan to direct the ATSDR Administrator to conduct, as part of the response to each of the releases or threatened releases listed under the National Contingency Plan, a preliminary assessment of the hazards to human health associated with such release or threatened release. Requires that such assessment include a list, prepared by the Administrator of the EPA, of all hazardous substances, pollutants, or contaminants being released or threatened to be released. Directs the ATSDR Administrator, if such assessment indicates the possibility of a significant threat to human health, to undertake a health effects study. Directs the ATSDR Administrator, if the ATSDR Administrator has not previously conducted such an assessment, to undertake and complete such an assessment within 12 months after the enactment of this Act. Includes under authorized uses of Superfund: (1) payment of any expenses or costs incurred under such emergency relief and health effects studies provisions; and (2) costs incurred by ATSDR in preparing toxicological profiles. Revises response authority provisions to add provisions for public participation. Requires that notice of the proposed action and an opportunity for meeting in the affected area, as well as a reasonable opportunity to comment, be afforded to the public prior to the United States' or a State's final selection of remedial action or entry into a covenant to settle or dispose of a claim arising under CERCLA. Requires that such notice be accompanied by a discussion and analysis sufficient to provide a reasonable explanation of the proposal and alternative proposals considered. Defines "alternative water supplies," under CERCLA, as including, but not being limited to, drinking water and household water supplies. Adds to response authority provisions a requirement that the President provide alternative water supplies as a removal action in any case in which: (1) a drinking water supply is closed or restricted by a State, local, or Federal public health officer due to contamination with a hazardous substance or pollutant or contaminant; or (2) the presence of a hazardous substance in a drinking water supply constitutes a danger to human health through short-term or long-term exposure. Requires that such action begin within seven days of notice of such closure or restriction or of receipt of evidence of such presence of a hazardous substance. Requires public health officers, in determining whether a drinking water supply is to be closed or restricted, to take into account the recommended maximum contaminant levels, if any, established under the Safe Drinking Water Act for such hazardous substances, pollutants, or contaminants. Directs the EPA Administrator, within 12 months after the enactment of this Act, to revise the National Contingency Plan to reflect the requirements of the amendments to CERCLA made by this Act. Requires that the portion of such Plan known as the National Hazardous Substance Response Plan be revised to provide procedures and standards for remedial actions undertaken pursuant to CERCLA which are consistent with amendments made by this Act relating to the selection of remedial action. Directs the EPA Administrator, within 12 months after the enactment of this Act, to propose amendments to the hazard ranking system in effect on July 1, 1984 (under CERCLA provisions for the National Contingency Plan). Requires that such proposed amendments be published in the Federal Register and otherwise be made available for public review and comment to the same manner and extent as regulations promulgated pursuant to the Administrative Procedures Act. Requires that the system in effect on July 1, 1984, shall continue in full force and effect until the effective date of any proposed changes. Sets forth provisions relating to Federal facilities. Revises provisions for the President's authority to delegate duties or powers under CERCLA to require the concurrence of the EPA Administrator (or the responsible State official) in the selection of appropriate remedial action with respect to a Federal facility or activity for which such duties or powers are delegated to an officer, employee, or representative of the Federal agency which owns or operates such facility or conducts such activity. Delegates abatement action authority to the EPA Administrator in such cases. Directs the EPA Administrator, within 18 months after the enactment of of this Act and after consultation with the Attorney General, to revise and republish the guidelines for using the imminent hazard, enforcement, and emergency response authorities of CERCLA abatement action provisions and other statutes administered by the EPA Administrator to effectuate the responsibilities and powers created by the amendments made by this Act. Directs the EPA Administrator, notwithstanding any other provision of law or rule of law, to establish such administrative procedures as the EPA Administrator deems advisable regarding the opportunity for any person to object to an order issued under CERCLA abatement action provisions. Authorizes a State Attorney General to initiate legal actions to recover costs, compel remedial action, or otherwise enforce requirements or claims under CERCLA in any case in which a responsible party is a Federal agency. Authorizes a court to award litigation costs to a State Attorney General who prevails or substantially prevails in such an action. Revises statute of limitations provisions for specified claims against the Superfund under CERCLA. Sets forth a three-year statute of limitations: (1) after the date of the response action, for claims for the costs of response; (2) after the date on which final regulations are promulgated for the assessment of natural resources damages, for specified claims for such damages; or (3) after the date of the discovery of the loss and its connection with the release in question or the date of enactment of this Act, whichever is later, for claims for any other damages. Sets forth exceptions for minors or incompetent persons. Includes under authorized uses of the Superfund the payment of advances for specified kinds of litigation costs to groups of individuals (or their dependents) exposed to hazardous substances in connection with a release. Provides that such advances: (1) may not include any attorney fees; and (2) must be repaid to the Superfund out of the proceeds of any award or settlement of such claims. Revises provisions for selection of remedial action to direct the President, in evaluating the cost-effectiveness of proposed alternative remedial actions, to take into account the total short- and long-term costs of such actions, including the costs of operation and maintenance for the entire period during which such activities will be required. Requires that preference be given to remedial actions which have as a principal element treatment which significantly reduces the volume, toxicity, or mobility of the hazardous substances. Declares that, where practicable treatment technologies are available, the offsite transport and disposal of hazardous substances or contaminated materials without such treatment should be the least favored alternative remedial action. Requires that remedial actions selected or otherwise required or agreed to by the President under CERCLA attain a degree of cleanup of hazardous substances, pollutants, and contaminants from the environment and of control of further release at a minimum which assures protection of human health and the environment. Requires that, to the extent practicable, such remedial actions completely remove released hazardous substances, pollutants, and contaminants from the environment. Provides that no permit shall be required under hazardous waste management provisions of the Solid Waste Disposal Act for the portion of any removal or remedial action conducted under CERCLA entirely onsite. Requires that any onsite treatment, storage, or disposal of hazardous substances, pollutants, or contaminants comply with the requirements of specified standards for remedial action added to CERCLA by this Act. Directs the President, subject to such specified requirements, to select the appropriate remedial action which provides a balance between the need for protection of public health and welfare and the environment at the facility under consideration and the availability of amounts from the Superfund to respond to other sites which present or may present a threat to public health or welfare or the environment, taking into consideration the relative immediacy of such threats. Revises the CERCLA definition of "remedy" or "remedial action" to also include the costs of permanent relocation where, due to the release of a hazardous substance, the resale of property is impracticable because of a substantial loss in value of such property because of a substantial burden imposed on the property by the release or threat of release and where injuries or illnesses, including acute mental distress, can be attributed to continued residence. Establishes a Federal cause of action under CERCLA. Makes specified persons who are currently liable under CERCLA also liable for the following damages: (1) any medical expenses, rehabilitation costs, or burial expenses due to bodily injury; (2) any loss of income or profits or impairment or loss of earning capacity due to bodily injury; (3) any pain and suffering due to bodily injury; (4) any economic loss and any injury to property, including diminution in value; and (5) punitive damages, whenever the court determines such award is appropriate in accordance with specified provisions, taking into account the proportion of the injured class which would benefit from such award. Sets forth the types of evidence relevant to the issue of causation of bodily injury which shall be admissible in any action for such damages. Makes such persons strictly liable for such damages without limitation to the defenses specified under other liability provisions of CERCLA. Allows punitive damages to be awarded in the case of conduct manifesting a conscious, flagrant indifference to the safety of those persons who might be harmed by a hazardous substance, pollutant, or contaminant and constituting an extreme departure from accepted practice. Limits, in the case of damages provided for under this Act, the liability of persons who arrange for disposal or treatment, or for transport for disposal or treatment, of hazardous substances at facilities owned and operated by others to only such damages resulting from harm caused by releases of hazardous substances, pollutants, or contaminants owned or possessed by such persons. Makes U.S district court jurisdiction over such actions for damages established by this Act concurrent with State court jurisdiction over such actions. Declares that it is the policy of the Congress to encourage certification of class actions in actions for the damages established by this Act involving common issues of fact or law. Declares, in furtherance of that policy, that Congress finds that the requirements of rule 23 of the Federal Rules of Civil Procedure are met in such actions arising from the same release and presenting common issues of fact or law and involving 30 or more potential claimants. Allows, in any action for damages established under this Act, defendants to be added at the request of plaintiffs or defendants, without regard to the citizenship of parties. Requires the Federal government to make available to appropriate parties information in its possession which is material to the identification of other responsible parties who are potential defendants. Sets forth provisions for victim assistance under CERCLA. Includes among authorized uses of the Superfund the costs of grants (of up to a specified maximum annual total amount) to each of five States selected by the EPA Administrator to establish and operate a program of assistance to individuals suffering injury resulting from exposure to the release of hazardous substances, pollutants, or contaminants. Directs the EPA Administrator, upon application pursuant to EPA-established procedures, to select by July 1, 1985, five States which shall each establish and operate such a program for at least a five year period. Sets minimum and maximum limits on the amount of each such grant for each fiscal year in FY 1986 through 1990. Requires that States be selected in the sole discretion of the EPA Administrator on the basis of specified criteria. Sets forth requirements for such programs, including provision of group policies of insurance, medical benefits, and disability insurance under specified conditions. Sets forth provisions relating to transportation incident responses under CERCLA. Directs the Secretary of Transportation, as expeditiously as possible, to develop and establish a centralized computer based system enabling law enforcement officers, fire and safety officers, and other appropriate officers of Federal, State, and local government access while in the field and through remote communications equipment to information regarding the identity and nature of the appropriate means of response, the type of threat posed and other suitable information regarding any shipment regulated by the Hazardous Materials Transportation Act. Revises provisions relating to credits to States for specified State or local government response action costs. Authorizes the EPA Administrator, in arranging for response actions under CERCLA, to agree to indemnify a contracting party against specified claims arising out of performance of a cleanup agreement to the extent that such claim does not arise out of the negligence of the contracting party. Provides that no State or local government shall be liable under CERCLA for damages as a result of nonnegligent actions taken in response to an emergency created by the release of a hazardous substance, pollutant, or contaminant generated by or from a facility owned by another person. Includes the cost of laboratory studies and health assessments under authorized uses of the Superfund. Requires that a specified minimum amount from Superfund be used for FY 1985 to carry out epidemiologic and laboratory studies and health assessments, including any such activities related to hazardous waste stored, treated, or disposed of at a facility having a permit under specified hazardous waste management provisions of the Solid Waste Disposal Act. Requires that such activities be carried out by the ATSDR either directly or through grants to State or local governments which the ATSDR Administrator determines are capable of carrying out such activities. Requires that such activities include conducting health assessments, including those required under specified provisions of the Solid Waste Disposal Act. Directs the ATSDR Administrator, in determining sites at which to conduct such health assessments, to give priority to those facilities or sites at which there is documented evidence of release of hazardous constituents, at which the potential risk of human health appears highest, and for which, in the judgment of the ATSDR Administrator, existing health assessment data is inadequate to assess the potential risk to human health. Requires any State or local government carrying out a health assessment to: (1) report the results of the assessment to the ATSDR Administrator; and (2) include recommendations with respect to further activities which need to be carried out. Directs the ATSDR Administrator to: (1) include the same recommendations in a report on the results of any assessment carried out directly by the ATSDR; and (2) issue periodic reports which include the results of all such assessments carried out. Requires that such assessments or other activities be reported after appropriate peer review. Sets forth requirements relating to such health assessments. Provides that, in any case in which such a health assessment (including one required under the Solid Waste Disposal Act) discloses the exposure of a population to the release of a hazardous substance, the costs of such health assessment may be recovered as a cost of response under CERCLA liability provisions from persons causing or contributing to such release of such hazardous substance or, in the case of multiple releases contributing to such exposure, to all such releases. Amends hazardous waste management provisions of the Solid Waste Disposal Act to add provisions relating to exposure information and health assessments. Requires, beginning nine months after the enactment of the Solid Waste Disposal Act Amendments of 1984, that each completed application for a permit for a landfill or a surface impoundment be accompanied by information reasonably ascertainable by the owner or operator on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. Sets forth requirements relating to such information. Requires that such information with respect to landfills or surface impoundments for which a completed permit application has been submitted prior to such enactment date be submitted within nine months after such enactment date. Directs the EPA Administrator (or the authorized State program) to make such information, together with other relevant information, available to the ATSDR. Directs the ATSDR Administrator to conduct a health assessment and take other appropriate action with respect to risks pursuant to specified CERCLA provisions added by this Act whenever a landfill or a surface impoundment poses a substantial risk to human health. Provides that such risk may be due to the existence of releases of hazardous constituents, the magnitude of contamination with hazardous constituents which may be the result of a release, or the magnitude of the population exposed to such release or contamination. Provides that a judgment that there is such a risk may be made by the ATSDR Administrator, the EPA Administrator, or the authorized State program. Allows any member of the public to submit evidence of releases of or exposure to hazardous constituents from a facility, or as to the risks or health effects associated with such releases or exposure, to the risks or health effects associated with such releases or exposure, to the EPA Administrator, the the ATSDR Administrator, or the authorized State program. Revises CERCLA response authority provisions to authorize the President to enter into a consent order with one or more responsible parties that will properly carry out a response action. Provides for enforcement of such orders in U.S. district courts. Sets forth a maximum fine for each day of a violation of or failure to comply with such an order. Revises CERCLA abatement action provisions to allow individuals to seek injunctive relief in U.S. district courts. Provides for civil actions to seek such relief against: (1) any person, including the United States or any other governmental agency, to the extent permitted by the eleventh amendment to the Constitution, and including any past or present generator, transporter, owner, or operator who has contributed or is contributing to the past or present handling, storage, treatment, transportation, or disposal of any hazardous substance which may present an imminent and substantial endangerment to health or the environment; or (2) the EPA Administrator or the ATSDR Administrator where there is alleged a failure to perform any act or duty under CERCLA which is not discretionary. Sets forth requirements relating to such civil actions. Prohibits the commencement of such civil actions: (1) prior to 120 days after the plaintiff has given notice of the endangerment to the EPA Administrator the State in which the alleged endangerment may occur and any alleged violator or contributor; or (2) in endangerment cases, if the EPA Administrator or a State has commenced and is diligently prosecuting a civil or criminal action in a Federal or State court to require compliance or has settled such action to restrain or abate acts or conditions which may have contributed or are contributing to the activities which may present the endangerment (but allows applicants to intervene in such actions in Federal courts unless their interests are adequately represented by existing parties). Provides that only State and local governments may seek injunctive relief in endangerment cases with respect to the siting of, or issuance of a permit for, a hazardous waste treatment, storage, or disposal facility. Authorizes the court to award litigation costs to any prevailing or substantially prevailing party in such injunctive relief actions. Authorizes the court to require the filing of a bond or equivalent security if a temporary restraining order or preliminary injunction is sought.
Bill· HRH.R. 6041 (98th)referred
United States · United States Congress · 30 July 1984
Amends the Clean Air Act to prohibit the sale of leaded gasoline at a lower price than unleaded gasoline. Makes such prohibition effective 90 days after enactment of this Act. Makes such prohibition applicable to: (1) gasoline retailers offering unleaded and leaded gasoline for sale at the same time at the same retail outlet; and (2) refiners, distributors, or resellers offering unleaded and leaded gasoline at the same time under the same conditions of sale. Prohibits, effective January 1, 1986, any person from selling, offering to sell, or introducing into commerce, for use as a fuel for any motor vehicle any gasoline which contains more than 0.1 grams per gallon of lead or lead additives. Makes violators of such prohibitions subject to specified civil penalties under Clean Air Act provisions for regulation of fuels.
Bill· SS. 2875 (98th)failed
United States · United States Congress · 26 July 1984
National Advisory Committee on Oceans and Atmosphere Act of 1984 - Establishes the National Advisory Committee on Oceans and Atmosphere (the Committee). Requires the 13 members of the Committee (the currently established committee has 18 members) to: (1) not be full-time U.S. employees; (2) be appointed by the President, by and with the advice and consent of the Senate; and (3) relfect diverse backgrounds relating to oceanic and atmospheric policy. Requires the Committee to: (1) continually review ocean policy, coastal zone management, and the U.S. marine and atmospheric science and service programs; and (2) advise the Secretary of Commerce (the Secretary) with respect to National Oceanic and Atmospheric Administration programs; (3) submit an annual report to the Secretary, President, and Congress. Sets forth provisions relating to: (1) the membership and Chairmanship of the Committee; (2) the terms, compensation and travel expenses of the committee members; and (3) interagency cooperation and assistance. Repeals Federal law establishing qualifications for individuals appointed to the current National Advisory Committee on Oceans and Atmosphere and authorizing appropriations for such committee. Transfers the personnel and functions of such committee to the Committee established under this Act. Authorizes appropriations for FY 1985.
Resolution· HRESH.Res. 555 (98th)passed
United States · United States Congress · 25 July 1984
States that the House of Representatives disapproves the appointment of Anne M. Burford as Chairperson of the National Advisory Committee on Oceans and Atmosphere, and urges the President to withdraw her appointment.
Bill· HRH.R. 6015 (98th)referred
United States · United States Congress · 24 July 1984
Abolishes the National Advisory Committee on Oceans and Atmosphere. Repeals the National Advisory Committee on Oceans and Atmosphere Act of 1977.
Bill· HRH.R. 5958 (98th)referred
United States · United States Congress · 28 June 1984
Environmental Monitoring Improvement Act of 1984 - Excludes from the term "environmental monitoring," for purposes of this Act, any monitoring conducted for enforcement purposes under any other Federal law. Directs the Administrator of the Environmental Protection Agency to submit to the Chairman of the Council on Environmental Quality and to the Congress an Environmental Monitoring Report on February 1, 1986, and annually thereafter. Sets forth requirements for the design, preparation, and contents of the Environmental Monitoring Report, including inventories and evaluations of national and international programs. Establishes a National Commission on Environmental Monitoring. Directs the Commission to: (1) investigate and study the Nation's environmental monitoring programs and those international monitoring programs in which the United States participates (directly or by providing support) and recommend to the Congress and the President a plan to improve environmental monitoring; and (2) advise and assist in the preparation of the first Environmental Monitoring Report, in cooperation with the Administrator. Sets forth requirements for Commission membership. Directs the Commission, within three years after the enactment of this Act, to submit a report to the Congress and the President on the results of its investigation and study, together with recommendations for improvements in national environmental monitoring and U.S. participation in international and global monitoring programs. Terminates the Commission upon its submission of such report or upon expiration of such three-year period, whichever is sooner. Requires executive and legislative agencies of the Government to make necessary information available to the Commission. Sets forth provisions for Commission powers, membership compensation, staff, temporary and intermittent services, detailing of personnel from other Federal agencies, hearings, and administrative support services. Sets forth requirements for the contents of the Commission's report, including an implementation plan for creating improvements in environmental monitoring. Sets forth requirements relating to the preparation of such plan. Authorizes appropriations for use by the Commission in carrying out this Act. Authorizes appropriations to the Environmental Protection Agency for preparing the Environmental Monitoring Report and for carrying out specified recommendations in the Commission's report.
Bill· HRH.R. 5970 (98th)referred
United States · United States Congress · 28 June 1984
National Acid Deposition Control Act of 1984 - 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 the Acid Deposition Control Fund in the Treasury consisting of amounts generated by fees imposed under this Act. Make the following portions of the total amount of fees deposited in the Fund available only for the following purposes: (1) 70 percent for facilities covered by direct federally mandated emission reduction requirements under this Act; and (2) 30 percent for facilities covered by State share plan requirements under this Act. Sets forth provisions for allocating such amounts among grant recipients and States. 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. Requires that a credit against such fee be allowed for each electric utility which at any time installs, or has installed, on any steam generating unit a technological means of continuous emission reduction for the control of emissions of sulfur dioxide. Limits the amount of such credit to not more than 50 percent of the fee payment which would otherwise be required. Limits the total amount of all such credits allowed to a utility to not more than 50 percent of an amount equal to the total costs incurred by the utility for the construction and installation of technological means of continuous emission reduction for the control of sulfur dioxide emissions, minus the total of reimbursements for such costs received by such utility under this Act. Makes such fee effective with respect to electric energy generated, or imported, after December 31, 1984. Makes the fee cease to apply on the date on which all payments authorized 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 authorized 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. 5908 (98th)referred
United States · United States Congress · 21 June 1984
Competitive Warranty Act - Amends the Clean Air Act to revise provisions which require manufacturers to warrant automobile emission control devices or systems. Requires manufacturers to offer such warranties to the ultimate purchaser as an option. Requires each manufacturer to affix, and each dealer to maintain, on each motor vehicle manufactured after the model year 1984, a label indicating the full cost of applying to such new motor vehicle: (1) the warranty of the vehicle's and engine's compliance with applicable pollution control regulations; and (2) the optional warranty required to be offered for the emission control device or system. Authorizes the Administrator to permit a manufacturer to comply with such labeling requirement by disclosing such information on the label required under the Automobile Information Disclosure Act. Treats violations of the labeling requirement under this Act as violations of the Automobile Information Disclosure Act. Directs the Administrator to utilize the authorities of specified recordkeeping and reporting provisions of the Clean Air Act to verify the costs disclosed by each manufacturer. Makes it a violation of the Clean Air Act for any person to place any false or misleading information on the label required under this Act. Makes conforming amendments.
Bill· HRH.R. 5903 (98th)referred
United States · United States Congress · 20 June 1984
Water Quality Renewal Act of 1984 - Amends the Federal Water Pollution Control Act (the 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 the 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. Extends the compliance date for all toxic pollutants referred to in a specified table of a congressional committee print (the priority toxic pollutants). Requires such compliance as expeditiously as possible, but in no case later than three years and six months after the date effluent limitations are established. Extends the compliance date for all other toxic pollutants which may be listed under specified provisions of the Act. Requires such compliance as expeditiously as possible, but in no case later than three years and six months after the date effluent limitations are established. Extends the compliance date for application of best conventional technology (for specified conventional pollutants) from July 1, 1984, to July 1, 1987. Extends the compliance date for application of best available technology for all other pollutants. Requires such compliance as expeditiously as possible, but no later than three years and six months after effluent limitations are established. Directs the Administrator of the Environmental Protection Agency to promulgate final regulations establishing effluent limitations for direct dischargers and limitations requiring pretreatment for all the priority toxic pollutants which are discharged from certain categories of point sources in accordance with a specified schedule. 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 Act, but provides that States are not required by the Act to have civil penalties in the same monetary amount for such violations. Requires the Administrator to monitor, study, and report to Congress on the effects of the impoundment and discharge of waters by dams upon the quality of navigable waters. Sets forth provisions for nonpoint source control implementation programs. Provides for State nonpoint source control reports and plans and grants to States for implementation of such plans. Directs the Governor of each State to prepare and submit for the approval of the Administrator 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 the goals and requirements of the Act; (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 standards for such goals and requirements; (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 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 to prepare and submit for the approval of the Administrator: (1) a plan which the State proposes to implement in the four-fiscal-year period beginning after the date of submission of the report for controlling pollution added from nonpoint sources to navigable waters within the State and for improving the quality of such waters; and (2) a report identifying each Federal department, agency, or instrumentality which is likely to 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 specify the following State practices and measures during the four-fiscal-year period: (1) each portion of navigable waters and land area contributing to nonpoint source pollution which significantly affects portions of such waters; (2) the order of, and schedule for, such implementation; (3) the categories and subcategories of nonpoint sources of pollution; (4) the best management practices and measures; (5) the methods by which the State will encourage, assist, or require such implementation (by category and subcategory of pollution source); and (6) sources of Federal and other assistance other than that provided under this Act which will be available for support of such implementation and the purposes for which such assistance will be used. Requires that such plan be accompanied by 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 that such schedule: (1) establish for each category and subcategory of sources an expeditious time period for implementation of best management practices and measures; and (2) indicate estimated dates for such implementation. Requires States to utilize local public and private agencies and organizations with expertise in nonpoint source pollution control, to the maximum extent practicable, in developing and implementing such plan. Requires States, to the maximum extent possible, to develop and implement such plan on a watershed-by-watershed basis. Requires that any State reports or plans required under these nonpoint source control implementation program provisions be submitted to the Administrator within 270 days after enactment of this Act, but provides for a 270-day extension upon request of the Governor. Directs the Administrator to prepare a report which makes specified identifications for a State if the Governor does not submit such report within the required period. 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 instrumentalities. Directs such entities to carry out their activities and programs in a manner consistent with the approved State plan and helpful to its implementation. 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. Authorizes 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 and a plan is approved. Provides that such grants shall be made to assist States in implementing such plans. Limits the Federal share of the cost of each plan implemented with Federal assistance in any fiscal year to 50 percent of the cost to the State in implementing such plan, but requires that the Federal share be at least 50 percent and not more than 60 percent of those costs of a plan which are attributable to a watershed area with respect to which the Administrator determines that a significant number of non-Federal, non-State interests of such area are willing and able to enter into agreements to participate in such year in nonsource pollution control measures under such plan. Limits administrative costs (except costs of implementing enforcement and regulatory activities, education, training, technical assistance, demonstration projects 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 the Administrator to give priority in making grants for each fiscal year beginning after September 30, 1986, to any State which has included effective regulatory mechanisms in its plan and has implemented such mechanisms in the preceding fiscal year. Directs the Secretary to give consideration to a State's inclusion and implementation of effective regulatory mechanisms in determining the Federal share of any such grant. Authorizes appropriations for such grants for FY 1985 through 1988. Directs the Administrator, upon application of a State with an approved report and plan, to make grants to assist such State in carrying out groundwater water quality protection activities which will advance the State toward implementation of a comprehensive nonpoint source pollution control program. Requires that such activities include research, planning, groundwater assessments, demonstration programs, enforcement, technical assistance, education, and training to protect groundwater quality and prevent groundwater contamination from nonpoint pollution sources. Makes the Federal share of the cost of assisting a State in such groundwater protection activities in any fiscal year 50 percent of the costs incurred by the State in carrying out such activities, but sets a maximum amount for such Federal assistance to a State in any fiscal year. Authorizes appropriations for such grants for FY 1985 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. Requires that at least five percent of appropriations for such grants in any fiscal year be available to 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. Declares that it is the national policy that plans for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of the Act to be met through the control of both point and nonpoint sources of pollution. Directs the Administrator, within one year after the enactment of this Act, to submit to specified congressional committees a lake restoration guidance manual establishing procedures to guide future State and local efforts to improve water quality in lakes. Adds to the authorized uses of grants for construction of treatment works projects to address water quality problems due to impacts of discharges from combined storm water and sanitary sewer overflows. Increases for FY 1985 and subsequent fiscal years the amount of additional funds which the Administrator shall have available for addressing water quality problems of marine bays and estuaries subject to lower levels of water quality due to the impact of discharges from combined storm water and sanitary sewer overflows. Increases to 65 percent the Federal share of construction costs under the treatment works construction grants program for FY 1985 and subsequent fiscal years. (Current law provides that the 75 percent Federal share shall be decreased to 55 percent for FY 1985 and subsequent fiscal years.) Provides that the activated bio-filter feature of the project for treatment works of the city of Little Falls, Minnesota, shall be deemed to be an innovative wastewater process and technique for purposes of specified provisions of the Act. Provides that the amount of any grant under the Act for such feature shall be 85 percent of the cost thereof. Authorizes the Administrator, in addition to any grant for innovative technology in treatment works, to make a grant to fund all of the costs of the modification or replacement of biodisc equipment (rotating biological contactors) in any publicly owned treatment works if the Administrator finds that such equipment has not met design performance specifications, unless such failure is attributable to negligence on the part of any person, and if such failure has significantly increased capital or operating and maintenance expeditures. Directs the Administrator, before taking final action on plans, specifications, and estimates for treatment works construction, to enter into a written agreement with the grant applicant which establishes and specifies which items of the proposed project are eligible for Federal payment under specified provisions of the Act. Prohibits the Administrator from later modifying such eligibility determinations unless they are found to have been made in violation of applicable Federal statutes and regulations. Provides that such eligibility determinations shall not preclude the Administrator from auditing a project pursuant to specified provisions of the Act, or other authority, or from withholding or recovering Federal funds for costs which are found to be unallowable or which are incurred on a project which fails to meet design specifications or effluent limitations contained in the grant agreement and permit. Provides for grantee certification of the treatment process. Provides that the approval of construction plans by the Administrator shall not include a determination or approval of the treatment work's unit processes, which constitute the treatment technology. Prohibits the Administrator from approving plans, specifications, and estimates for a project unless the applicant certifies that the proposed unit processes and treatment technology are capable of meeting the effluent limitations for which such process and technology are designed. Revises local treatment works grant conditions to require, within two years after enactment of this Act that: (1) any required areawide waste treatment management plan is being implemented or is being developed with reasonable progress toward implementation; (2) the State is implementing or developing any required State plan and is in compliance with water quality reporting requirements. Provides that a system of user charges which imposes a lower charge for low-income residential users (as defined by the Administrator) shall be deemed to be a user charge system meeting specified requirements for treatment works grants if the Administrator determines that such system was adopted after public notice and hearing. Requires that State allotments for the treatment works construction grants programs for FY 1986 through 1988 be allotted, in accordance with a specified table, for each such year by the Administrator not later than the tenth day which begins after the enactment of this Act. Extends through FY 1988 the authorization of appropriations for minimum allotments to States and specified U.S. territories and possessions. Increases, from thirty-three one-hundredths of one percent to two-thirds of one percent, the portion of the total allotment which shall be allotted to specified U.S. territories and possessions. Extends through FY 1988 specified provisions relating to the reservation of certain amounts from State allotments in order to make grants to States for administration of such allotments. Directs the Administrator to reserve specified amounts from the allotments to the States of New York, New Jersey, and Connecticut in order to make grants in FY 1985 and subsequent fiscal years to the Interstate Sanitation Commission established by such States by interstate compact to carry out the functions of such Commission under the Act. Extends through FY 1988 specified provisions relating to minimum expenditures for increasing the Federal share of grants for construction of treatment works utilizing innovative processes and techniques. Requires a State to allocate at least 50 percent of its water quality management planning grant in any fiscal year to regional and interstate public comprehensive organizations in such State, except when the Administrator and the Governor determine that such allocation will not substantially assist in achieving the goals of the Act. Directs the Administrator to reserve one-quarter of one percent of appropriations for the treatment works construction grants program for FY 1985 and subsequent fiscal years for carrying out investigations and audits of such construction projects. Provides that such sums shall be in addition to any sums otherwise appropriated for or allocated to the Office of the Inspector General. Directs the Administrator to make grants for specified purposes from the appropriate State allotments for treatment works construction to: (1) the city of Avalon, California; (2) the owners of the Rocky River Wastewater Treatment Plant in Rocky River, Ohio; (3) Walker and Smithfield Townships, Pennsylvania; (4) the Elk Pinch Public Service District, Kanawha County, West Virginia; (5) the city of Taylor Mill, Kentucky; and (6) the city of Watsonville, California. Establishes a program of grants to States for establishment of State water pollution control revolving funds for providing assistance to municipalities and intermunicipal and interstate agencies for construction of publicly owned treatment works. Requires a State to first deposit an amount equal to 20 percent of such grant allotted to the State for a fiscal year before such grant can be made. Sets forth certification, reporting, and other requirements relating to such grants and the types of assistance which such revolving funds may offer. Authorizes appropriations for such grants for FY 1985 through 1988. Revises innovative technology compliance deadlines for direct dischargers. Requires such compliance within two years after the date for compliance with an effluent limitation which is otherwise applicable. Directs the Administrator, in carrying out specified provisions of the Act, to conduct research, in conjunction with other Federal, State, and interstate agencies, on the harmful effects on the health and welfare of persons caused by pollutants in water. Requires that such research: (1) place special emphasis on the effect that bioaccumulation of pollutants in aquatic species has in reducing the value of aquatic commercial and sport industries; and (2) study methods to reduce and remove pollutants from aquatic species so as to restore and enhance these resources. Authorizes appropriations for FY 1985 through 1988 for such research. Directs the Administrator, in developing, publishing, and revising water quality criteria, to consider the effects of specified factors on the ecosystem. Requires that new or revised water quality criteria should be established so as to provide an ample margin of safety to protect human health and fish and wildlife resources, and, if there is a well-founded and significant difference of opinion as to the latest scientific and research knowledge in such matters with respect to a pollutant, directs the Administrator to publish a description of such difference of opinion along with the publication of such criteria. Directs the Administrator to promulgate guidelines establishing test procedures for the analysis of pollutants within 90 days from the date of enactment of this Act. Authorizes the Administrator to establish a single compliance date for pretreatment standards, upon the request of any source (indirect discharger) subject to two or more pretreatment standards which are promulgated before the enactment of this Act and for which more than one compliance date is prescribed. Requires that such single compliance date not be later than one year after the first of such compliance dates or not later than the last of such compliance dates, whichever occurs first. Requires that the applicant demonstrate that: (1) establishment of a single compliance date will result in earlier compliance by the applicant with all such standards; and (2) the technology which is the basis for one of the applicable pretreatment standards is inconsistent with the technology which is the basis for another of the applicable pretreatment standards, or the pretreatment standard with the later compliance date requires sufficient additional technology to justify such single compliance date. Requires that any such application by a source for a single compliance date be made within 30 days after the date of enactment of this Act. Directs the Administrator to: (1) provide public notice of such application within two weeks after its receipt; and (2) approve or deny such application within 60 days after the last day of such two-week period. Extends the deadline for compliance with electroplating pretreatment standards to December 31, 1984. Directs the Administrator to increase the number of employees of the Environmental Protection Agency if necessary to effectively implement pretreatment requirements under specified provisions of the Act. Authorizes the owner or operator of a publicly owned treatment works which receives the treated effluent to grant up to a two-year extension for compliance with a categorical pretreatment standard to any new or existing facility (indirect discharger) which proposes to comply with such standard by using an innovative treatment system meeting specified standards, if: (1) the Administrator determines that the innovative system has the potential for industry-wide application and the action will not cause the publicly owned treatment works to be in violation of its permit; and (2) the Administrator (or a State with an approved pretreatment program) concurs with the proposed action of the owner or operator of such treatment works. Revises provisions for criminal penalties for specified violations under the Act. Adds provisions for civil penalties to be assessed by the Administrator or the Secretary of the Army for specified violations under the Act. Revises provisions for the Clean Lakes Program (a grant assistance program to improve the water quality of lakes). Makes such program applicable to saline, as well as fresh water, lakes. Adds provisions for grants to States for priority projects for control of nonpoint sources of pollution which are contributing to the degradation of water quality in lakes. Directs the Administrator to distribute such grants equitably among the States. Limits the amount of such a grant to not more than 70 percent of the project cost. Authorizes appropriations for FY 1985 through 1989 for such grants. Adds provisions for grants to States to carry out approved methods and procedures which may be applied to lakes and other waters to restore water quality, insofar as such quality has deteriorated as a result of high acidity which may be due to acid deposition. Allows any State to submit for approval to the Administrator: (1) a survey of such water quality deterioration; and (2) methods and procedures which may be applied. Specifies some of the methods which may be approved for such purpose. Limits the amount so granted to any State in any fiscal year to more than 80 percent of the funds expended by such State in such year for carrying out such approved methods and procedures. Directs the Administrator to the distribute such grant funds equitably on the basis of the relative need of each applicant State for the restoration of water quality as a result of such deterioration. Provides that such assistance shall be in addition to any other Federal financial assistance. Authorizes appropriations for such grants for FY 1985 through 1989. Directs the Administrator to report annually to specified congressional committees on the status and trend of water quality in lakes in the United States, including the nature and extent of pollution loading from point and nonpoint sources and the extent to which the use of lakes is impaired as a result of pollution, particularly with respect to toxic pollution. Directs the Administrator, in cooperation with the State of Texas, to study water quality problems in Lake Houston, Houston, Texas, and undertake control measures to improve water quality. Requires such study to include specified evaluations. Directs the Administrator to report, with recommendations, to specified congressional committees on such study and control measures. Authorizes appropriations for FY 1985 and subsequent fiscal years for such purposes. Directs the Administrator, in cooperation with the Secretary of the Army and in consultation with appropriate State and local agencies, to: (1) conduct a one-year comprehensive study of the Beaver Lake, Arkansas; (2) undertake a demonstration project for measures identified in such study for preserving and enhancing the reservoir's water quality; and (3) report, with recommendations, on such study and project to specified congressional committees. Makes specified funds available for such purposes. Directs the Administrator to undertake demonstration projects for specified cleanup operations for the following New Jersey bodies of water: (1) Greenwood Lake and Belcher Creek; (2) Deal Lake; and (3) Alcyon Lake. Directs the Administrator to report, with recommendations, on such projects to specified congressional committees. Authorizes appropriations for such projects. Revises provisions for permits under the National Pollutant Discharge Elimination System (NPDES). Provides that such permits are for fixed terms not exceeding ten years (currently five years), but not exceeding five years in any case: (1) where the permit modifies specified requirements of the Act; or (2) where the State determines that the applicant has not consistently complied with any NPDES permit held by such applicant. Requires that such permits be modified promptly to insure compliance with any new or revised effluent limitation for toxic pollutants or any new or revised requirement pursuant to water quality standards established under specified provisions of the Act which is more stringent than the existing effluent limitation or requirement in the permit or which controls a pollutant not controlled in the permit. Prohibits the Administrator from requiring an NPDES permit, or from directly or indirectly requiring any State to require such a permit for discharges of stormwater runoff from mining operations or oil or gas exploration, production, processing, or treatment operations composed entirely of flows which are: (1) from conveyances or conveyance systems used for collecting and conveying precipitation runoff; and (2) not contaminated with process wastes, overburden, raw materials, toxic pollutants above natural background levels, spilled product, hazardous substances, or oil, or grease. Requires any person discharging such stormwater runoff to: (1) monitor the quality of water in such flows; and (2) report at least annually to the Administrator on the results of such monitoring. Prohibits the Administrator to the extent that inadequate design or operation of a publicly owned treatment works causes such works to fail to meet NPDES permit requirements, from requiring (in issuing an NPDES permit) pretreatment by a discharger of identified conventional pollutants which are introduced into such treatment works other than pretreatment to assure compliance with specified pretreatment standards. Provides that such prohibition shall not affect specified authorities of the Administrator and of State and local governments under the Act. Authorizes a State Governor to submit an NPDES permit program for a portion of the discharges into the navigable waters in such State. Requires that such a partial permit program cover at a minimum administration of a major category of the discharges into the navigable waters of the State or a major component of the State's NPDES permit program. Authorizes the Administrator, if specified conditions are met, to approve: (1) a partial permit program covering administration of a major category of discharges; or (2) a partial and phased permit program covering administration of a major component (including discharge categories) of a State permit program. Provides that a State may return, or the Administrator may withdraw approval of, delegated NPDES permit program responsibilities. Directs the Administrator, for up to ten years after the enactment of this Act, to administer the terms of permits for two specified pulp mills in Alaska, and prohibits the Administrator from setting discharge standards under such permits which are less than those in effect on May 10, 1984. Provides that the term "point source" does not include agricultural stormwater discharges. Authorizes the Administrator to make a grant to the city of New York to install additional facilities and make modifications necessary for the Newtown Creek sewage treatment plant to provide secondary treatment. Makes the Federal share 75 percent of the cost of such project. Authorizes appropriations for such purpose for FY 1985 and subsequent fiscal years. Provides that such funds shall be in addition to any other amounts authorized under the construction grants program provisions of the Act. Directs the Administrator to make grants to the city of San Diego, California, for construction of a project consisting of: (1) a publicly owned treatment works in such city to provide primary or advanced treatment of not less than 60,000,000 gallons of municipal sewage and industrial waste per day for the city of Tijuana, Mexico; and (2) a publicly owned treatment works in such city to provide primary or more advanced treatment of such amount of municipal sewage and industrial waste per day for such city of San Diego as may be necessary to meet the objectives of the Act. Sets forth requirements relating to such grants and projects. Permits, through 1993, the discharge of pollutants for any ocean outfall constructed with such Federal assistance if such pollutants have received primary or more advanced treatment. Authorizes appropriations to the Administrator for such grants for FY 1985 and subsequent fiscal years. Directs the Administrator to make grants to the city of Naco, Arizona, for construction of a project consisting of a publicly owned treatment works in such city to provide primary or more advanced treatment of not less than 150,000 gallons of untreated sewage emanating from the city of Naco, Sonora, Mexico. Sets forth requirements relating to such grants and project. Authorizes appropriations to the Administrator to make such grants for FY 1985 and subsequent fiscal years. Prohibits the city of New York, after March 15, 1986, from discharging raw sewage into navigable waters in an amount which is greater for any 30-day period than an amount equal to 30 times the average daily discharge by the city during the 12-month period preceding such date. Authorizes the Administrator to waive such limitation to the extent and for such limited period of time as may be reasonably necessary for the city to resume operation of a wastewater treatment plant operated by the city, in the event of any significant interruption in such operation. Directs the Administrator to undertake measures, including modifications of compliance schedules, to reduce and eliminate at the earliest practicable date the discharge of raw sewage by the city of New York, taking into account any increase in the authorization for grants for the construction of treatment works made by this Act and standards and practices necessary for attaining a specified level of water quality. Provides that the Okolona Sewer Construction District, Jefferson County, Kentucky, shall be permitted to operate the Okolona Sewage Construction District Treatment Works and shall not be required to use any other facility for wastewater treatment until the West County Wastewater Treatment Plant, Jefferson County, Kentucky, is completed. Directs the Administrator to issue a permit under the Act for such purpose. Directs the Administrator to make grants to the Metropolitan District Commission, Massachusetts, for a project to undertake emergency improvements at the Deer Island Waste Water Treatment Plant in Boston, Massachusetts. Limits the Federal share to 75 percent of the cost of such improvements. Authorizes appropriations for each of FY 1985 through 1987 for such grants. Directs the Administrator, notwithstanding any provision of the Act, to pay, to the extent provided in appropriation Acts, in the same proportion as the Federal share of other project costs, all expenses for the relocation of facilities for the distribution of natural gas with respect to the entire wastewater treatment works known as Oakwood Beach and Red Hook projects, New York. Authorizes appropriations for FY 1985 and subsequent fiscal years for such purpose. Directs the Administrator to undertake necessary measures, including removal of accumulated raw sewage, to restore the quality of the waters adversely affected by the raw sewage discharge into Brady's run, Pennsylvania, which resulted from the destruction of the Chippewa Township, Pennsylvania, sewage treatment facility. Directs the Administrator to study the feasibility and desirability of eliminating the regulation of discharges of pollutants into navigable waters in amounts which, in terms of volume, concentration, and type of pollutant, are not significant (de minimis discharges). Directs the Administrator to report, with recommendations, in such study to specified congressional committees within one year after enactment of this Act. Directs the Administrator to study the effectiveness of specified innovative and alternative wastewater treatment processes and techniques which have been used in treatment works constructed under the Act. Sets forth requirements relating to such study. Directs the Administrator to report, with recommendations to specified congressional committees within two years after enactment of this Act. Directs the Administrator to study the water quality improvements which have been achieved by application of best available technology economically achievable pursuant to specified provisions of the Act. Sets forth requirements relating to such study. Directs the Administrator to report, with recommendations, on such study to specified congressional committees within two years after the enactment of this Act. Directs the Administrator to study the testing procedures for analysis of pollutants established under specified provisions of the Act. Sets forth requirements relating to such study. Directs the Administrator to report, with recommendations, on such study to specified congressional committees within one year after the enactment of this Act. Directs the Administrator, biennially after the date of submission of such report, to conduct a state-of-the-art review of such test procedures to determine their adequacy and effectiveness. Directs the Administrator to submit to such congressional committees recommendations, based on such review for modifying such test procedures to improve their effectiveness. Directs the Administrator to study the pretreatment of toxic pollutants, including a study of: (1) the adequacy of data on environmental impacts of toxic industrial pollutants discharged through publicly owned treatment works; (2) the extent to which secondary treatment at publicly owned treatment works removes toxic pollutants; (3) the capability of publicly owned treatment works to revise pretreatment requirements under specified provisions of the Act; (4) possible alternative regulatory strategies for protecting the operations of publicly owned treatment works from industrial discharges, including evaluation of each such strategy's potential to achieve the goals of the Act; and (5) the adequacy of Federal, State, and local resources to establish, implement, and enforce multiple pretreatment limits for toxic pollutants for each alternative strategy identified. Directs the Administrator to report, with recommendations, on such study to specified congressional committees within two years after the enactment of this Act. Directs the Administrator to study the problem of the corrosive effects of sulfides in collection and treatment systems, the extent to which the uniform imposition of categorical pretreatment standards will exacerbate this problem, and the range of available options to deal with the effects. Requires that such study be conducted in consultation with the Los Angeles City and County sanitation agencies which have observed examples of corrosion probably caused by sulfides. Directs the Administrator to report, with recommendations, on such study to specified congressional committees within one year after the enactment of this Act. Authorizes appropriations for FY 1985 and subsequent fiscal years for such study and report. 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. Revises the meaning of the phrase "discharge of any pollutant into marine water." Sets forth provisions relating to maintenance of water quality in estuaries. Directs the Administrator to convene a management conference upon determination that the attainment or maintenance of water quality in an estuary requires the control of sources of pollution in more than one State. Sets forth requirements for conference membership. Requires that an interstate agency be the lead agency for carrying out such provisions in any case in which such agency has jurisdiction over all or a significant part of the estuary. Directs the Administrator to give priority consideration under such provisions to: (1) Long Island Sound; (2) Buzzards Bay, Massachusetts; and (3) Delaware Bay, Delaware and New Jersey. Prohibits convening such a conference before a final adjudication has been made in any pending State boundary dispute involving the estuary. 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 50 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 such management conferences; (2) grants for the development of master plans for estuaries; and (3) monitoring the implementation of such master plans. Adds provisions relating to Chesapeake and Narragansett Bays. Directs the Administrator 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 Federal and State efforts to improve the quality of research projects pertaining to the Bay; (3) conduct research on sediment deposition in the Bay; and (4) conduct research on how 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 in order to qualify for such grants, to submit a plan for proposed abatement actions and estimated costs for the approval of the Administrator. Limits such grants to 50 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 to the Administrator within 18 months after the receipt of such grants, and biennally thereafter. Directs the Administrator to transmit such reports, with comments, to Congress. 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. Limits such grants to 50 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. Directs the Administrator to approve each such program within three months of receipt 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) review and coordinate federal and State water 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. Requires States to submit progress reports to the Administrator, within two years after issuance of such grants and annually thereafter. Authorizes appropriations for FY 1985 through 1988 for such Chesapeake and Narragansett Bays programs. Sets forth provisions relating to the New York and New Jersey Harbor area (the Harbor). Directs the Administrator to: (1) collect and make available information on the environmental quality of the Harbor; (2) coordinate Federal and State efforts to improve the Harbor's water quality; and (3) determine the impact of natural and man-induced environmental changes on the living resources of the Harbor and on adjacent coastal areas and the relationships among such changes, with particular emphasis on the impact of pollutant loadings of sewage, dissolved oxygen, and toxic pollutants, including organic chemicals and heavy metals. Directs the Administrator, at the request of the Governor of a State affected by any interstate management plan relating to the Harbor and developed pursuant to specified provisions of this Act for maintenance of water quality in estuaries, to make a grant to implement the management mechanisms contained in such plan. Allows an affected State or combination of States to submit, to the Administrator a plan including the estimated cost of the abatement actions proposed to be taken during the next fiscal year. Directs the Administrator, if the plan is consistent with specified national policies and goals under the Act, to approve such plan and to finance up to 50 percent of the costs of implementing such plan in any fiscal year, on condition that non-Federal sources provide the remainder of such costs. Limits administrative costs to ten percent of such annual Federal grant to a State. Requires such States to submit progress reports on the implementation of such plans, within 18 months after the date of receipt of such grant and biennially thereafter. Directs the Administrator to transmit such reports, with comments, to Congress. Authorizes appropriations for FY 1985 through 1988 for purposes of such provisions for the Harbor. Authorizes the Administrator to undertake a study on consumptive uses of Great Lakes water. Authorizes the Administrator to conduct such study in cooperation with other interested Federal agencies and the eight Great Lake States and their local governments. Requires such study to focus on all possible control measures which can be implemented to reduce the quantity of Great Lakes water consumed without adversely affecting the projected growth of the Great Lakes region. Requires that such study include an analysis of both existing and new technology which appears to be feasible in the foreseeable future. Requires that such study include at a minimum: (1) a review of methodologies used to forecast Great Lakes consumptive uses; (2) an analysis of the effect that enforcement of provisions of the Act relating to thermal discharges has had on consumption of Great Lakes water; (3) an analysis of the effect of laws, regulations, and national policy objectives on consumptive uses of Great Lakes water used in manufacturing; (4) an analysis of the economic effects on a consuming industry and other Great Lakes interests associated with a particular consumptive use control strategy; (5) an analysis of associated environmental impacts, both singularly and in combination with other consumptive use control strategies; and (6) a summary discussion with recommendations for methods of controlling consumptive use so as to maximize benefits to the Great Lakes ecosystem and also provide for continued full economic growth for consuming industries as well as other industries which depend on the use of Great Lakes water. Authorizes appropriations for such study for FY 1985 and subsequent fiscal years. Grants an exception to a time limitation relating to an application for a permit modification for less than secondary treatment involving an ocean discharge. Provides that a publicly owned treatment works which, before December 1, 1982, had a contractual arrangement to use a portion of the capacity of another publicly owned treatment works which has applied for or receives such a modification, may apply for such a modification for itself within 30 days after enactment of this Act. Designates the Great Lakes National Program Office of the Environmental Protection Agency as the Great Lakes International Coordination Office. Directs the head of the Office to serve as the principal liaison person on Great Lakes matters to the International Joint Commission, United States and Canada. Requires the Office to: (1) develop and implement specific action plans to carry out U.S. responsibility under the Great Lakes Water Quality Agreement of 1978; (2) coordinate Agency actions aimed at improving Great Lakes water quality; (3) coordinate Agency actions with other Federal, State, and local authorities; (4) establish a Great Lakes system-wide surveillance network to monitor the water quality of the Great Lakes, with emphasis on monitoring toxic pollutants; and (5) serve as liaison with, and provide information to, the Canadian members of the Commission and the Canadian counterpart of the Agency. Directs the Administrator to: (1) ensure that the Office enters into specified agreements with Agency organizational elements involved in Great Lakes activities in the appropriate State agencies; and (2) include a funding request for the office as a separate budget line item in the Agency's annual budget submission to Congress. Authorizes appropriations for FY 1986 through 1990 for the Office. Authorizes appropriations for FY 1985 to carry out water quality studies of the Great Lakes under the Act. Directs the Administrator, within 120 days after enactment of this Act and at the beginning of each fiscal year thereafter, to submit to Congress a comprehensive assessment of the planned efforts to be pursued in the succeeding fiscal year for implementing the Great Lakes Water Quality Agreement of 1978. Requires such assessment to include specified information. Directs the Administrator, within 150 days after the end of each fiscal year, to submit to Congress a comprehensive report which describes specified achievements, progress, and long-term prospects for improving Great Lakes water quality. Authorizes the Administrator (or an approved State program) to issue a permit which modifies specified requirements with respect to the pH level of any discharge, and with respect to discharges of iron and manganese, from the remined area of any coal remining operation. Requires that such modified requirements apply the best available technology economically achievable on a case-by-case basis, using best professional judgment. Prohibits such a permit from allowing the pH level of any discharge, or the discharges of iron and manganese, to exceed the levels being discharged from the remined area before the coal remining operation begins. Provides that no payment may be made under this Act except to the extent provided in advance in appropriation Acts.
Bill· SS. 2741 (98th)referred
United States · United States Congress · 7 June 1984
Amends the Solid Waste Disposal Act to revise provisions relating to liability for criminal acts with respect to hazardous waste.
Bill· HRH.R. 5794 (98th)referred
United States · United States Congress · 6 June 1984
National Acid Deposition Control and Cost Sharing Act of 1984 - Title I: - Amends the Clean Air Act (the Act) to establish a national acid deposition control and cost sharing program. Establishes new requirements for acid deposition control. Defines an "acid deposition impact region" as the 48 contiguous States and the District of Columbia. Defines "existing major emitting electric powerplant" as any fossil fuel-fired steam electric power plant consisting of one or more steam generating units which: (1) is a major emitting facility; and (2) had been in commercial operation on or before December 31, 1980. Provides that steam generating units not in commercial operation on or before December 31, 1980, shall not be considered part of an existing major emitting electric powerplant. Defines "innovative emission limitation system" as a technological system of continuous emission reduction which has not been adequately demonstrated on a commercial scale and which, compared with any system which has been adequately demonstrated, has a substantial likelihood of achieving: (1) either greater continuous emission reduction of sulfur dioxide or greater simultaneous reduction of sulfur dioxide and nitrogen oxide emissions; and (2) reduction of sulfur dioxide emissions at a lower cost in terms of energy, economic, or nonair quality environmental impact. (Gives limestone injection multistage burners ("LIMB") as an example of an innovative emission limitation system.) Sets forth requirements for emission reduction from major existing electric powerplants. Requires that, by January 1, 1996, the total annual sulfur dioxide emissions from existing major emitting powerplants in the acid deposition impact region shall not exceed a level 10,000,000 tons less than the actual level of such emissions from such powerplants in 1980. Prohibits any existing major emitting electric powerplant in the acid deposition impact region from increasing its annual emissions of sulfur dioxide (measured in tons per year) above the actual annual rate of emissions experienced by the plant during 1978, 1979, or 1980, unless: (1) there has been identified for such plant an enforceable, contemporaneous, and equivalent reduction in actual emissions not otherwise required under the Act at one or more points within the same State or (with the permission of the Governors of such States) within other States within the region; (2) the increase is authorized in an approved plan under this Act; or (3) the increase is due to a conversion completed pursuant to the Energy Supply and Environmental Coordination Act of 1974, the Fuel Use Act of 1978, or the Omnibus Budget Reconciliation Act of 1981, to the extent that such conversion does not result in emissions exceeding one and two-tenths pounds of sulfur dioxide per million Btus of heat input on an annual average. Makes violations of such prohibition violations of applicable implementation plans and emission limitations under specified provisions of the Act. Provides that no expenditure of funds on an existing major emitting electric powerplant in order to satisfy an emission limitation under this Act shall be deemed a reconstruction of that plant (or any part thereof) for any purpose under the Act. Sets forth requirements for State sulfur dioxide reduction plans. Requires each State in the acid deposition impact region to achieve its share of the reduction in annual sulfur dioxide emissions required for the entire region. Bases such share on the actual 1980 sulfur dioxide emissions which are in excess of one and two-tenths pounds per million Btus from existing major emitting electric powerplants within such State. Directs the Administrator of the Environmental Protection Agency, after consultation with the Governors of the States in the region, to publish within six months after enactment of this Act, a list identifying such powerplants and 1980 emissions and specifying the sulfur dioxide emissions reductions which each State must achieve. Requires that, in the determination of the emission reductions which each State must achieve, a credit be provided to any State in which emission reductions are required for any of 50 power plants (or substitute units) subject to specified federally mandated emission reductions under this Act. Authorizes the Governors of any two or more States in the region to reallot among agreeing States such required reductions, provided that the total reductions equal the required total. Prohibits court review of any such list or agreement. Requires each State in the region, within three years after enactment of this Act, to submit a plan to achieve its required share of the reduction in sulfur dioxide emissions. Directs the Administrator to approve, within 12 months after its submission, any such plan or plan modification if, taking into consideration the comments of Governors of other States in the region, the Administrator finds that the plan or plan modification: (1) contains compliance schedules and authorized emission reduction methods or programs; (2) contains adequate monitoring requirements; and (3) is adequate to achieve the required total reduction in sulfur dioxide emissions for such State as expeditiously as practicable, but no later than January 1, 1996. Makes each emission limitation, compliance schedule, or other measure approved under this Act, a requirement of an applicable implementation plan and an emission limitation for purposes of specified provisions of the Act. Sets forth alternative sulfur dioxide reduction requirements. Provides that, if a State plan which fully satisfies the requirements of this Act has not been approved by January 1, 1989, an annual average emission limitation of one and two-tenths pounds of sulfur dioxide per million Btus shall apply to each existing major emitting electric powerplant within such State in the region. Requires the owner or operator of each such powerplant within such State to submit to the Administrator, by July 1, 1989, a plan for achieving such emission limitation. Directs the Administrator to approve such plan or plan modification within 12 months if it meets the same criteria and deadline as required for a State plan. Makes any measure approved under such plan (and of those specified requirements for an owner or operator) a requirement of an applicable implementation plan and an emission limitation for purposes of specified provisions of the Act. Sets forth provisions for authorized emission reduction programs. Authorizes, for purposes of State plans under this Act, the use of any emission reduction method or program, if: (1) emission limitations under such method or program are enforceable; and (2) such emissions reductions occur within the State or within other agreeing States in the region. Provides that such authorized methods or programs may include: (1) any technological system of continuous emission reduction; (2) least emission dispatch to meet electric generating demand at existing generating capacity; (3) retirement of existing major emitting electric powerplants or portions thereof at an earlier date than provided in schedules on file with the Federal Energy Regulatory Commission, the Internal Revenue Service, or State utility regulatory agencies; (4) investments in energy conservation with which quantifiable reductions in emissions can be identified; (5) trading of emissions reduction requirements imposed under this Act, and actual reductions not otherwise required under the Act; and (6) fuel substitution (unless otherwise prohibited by the State). Allows a State plan or plan modification to require emission reductions at sources other than existing major emitting electric powerplants, if such reductions are actual emission reductions not otherwise required under the Act. Requires, for purposes of powerplant owner or operator plans which are submitted when State plans have not been approved on time, that authorized reduction methods or programs: (1) meet all the requirements for those under State plans; (2) reduce emissions at sources owned or operated by the person submitting the plan (with specified exceptions); and (3) be limited to technological systems of continuous emission reduction, least emission dispatch to meet electric generating demand at existing generating capacity, early retirement of powerplants, and trading of emission reduction requirements and actual reductions (whether or not such requirements or reductions occur at sources owned or operated by the person submitting the plan). Directs States and the Administrator to establish emission reduction banks or brokerage institutions to facilities trading in emissions reduction requirements imposed under this Act, and actual reductions not otherwise required under the Act. Sets forth direct federally mandated emission reductions. Directs the Administrator to: (1) identify each existing major emitting electric powerplant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btus; (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, and after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions. Sets forth procedures for excluding units from, and placing substitute units on, such list. Requires the owner or operator of each plant on the final list and of each approved substitute unit to submit to the Administrator, within 12 months after enactment of this Act, 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 within two years after enactment of this Act, to promulgate a compliance schedule for such plant on January 1, 1989. 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 powerplant concerned; and (2) through compliance with specified requirements relating to precombustion fuel cleaning, sulfur dioxide emissions from such plant for the calendar year 1993 and each calendar year thereafter shall not exceed 1.2 pounds per million Btus heat input. Sets forth procedures for determining listed plant and substitute unit compliances 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, 1993; and (3) the emission limitation be achieved for each calendar year after 1992. Prohibits any such emission limitation (under these provisions for federally mandated sulfur dioxide emission reductions at the 50 listed plants or substitute units) from being complied with, in whole or in part, through the use by an existing major emitting electric powerplant of coal which has a signficantly lower sulfur content prior to precombustion cleaning than the average sulfur content prior to precombustion cleaning of coal used by that powerplant during any six-month period selected by the owner or operator of the powerplant in the five-year period ending December 31, 1983. Provides that such emission limitations, compliance schedules, and other requirements under these provisions shall be treated as emission limitations and requirements in effect under applicable implementation plans for purposes of specified provisions of the Act. Sets forth provisions relating to precombustion cleaning. Directs the Administrator, within 12 months after the enactment of this Act, and after notice and opportunity for public comment, to promulgate regulations requiring the precombustion cleaning of coal used as fuel by major emitting facilities. Provides that such regulations shall require that, not later than two years after the enactment of this Act, no coal may be used as fuel by any major emitting facility unless: (1) its sulfur content has been reduced, through the use of precombustion cleaning, to the maximum level achievable through the use of technology which is generally available on the date of enactment of this Act; or (2) the Administrator determines that, due to the low sulfur content of the coal used as fuel by such facility, such precombustion cleaning is not economically feasible. Provides that such regulations shall not apply to coal produced from any mine which was in operation during calendar year 1983 and produced less than 100,000 short tons during such year. Provides that any such requirements shall be treated as emission limitations and requirements of an applicable implementation plan for purposes of specified provisions of the Act. Directs the Administrator, before October 1, 1989, to contract with the National Academy of Sciences (NAS) to study and report on: (1) the significant adverse effects on public health and welfare which may reasonably be associated with atmospheric deposition of acidic compounds; (2) areas of the country which are, or are exposed to a significant risk of, experiencing such effects; (3) whether and to what extent particular sources in particular areas can reasonably be associated with the atmospheric acidic compounds associated with such risks and effects; and (4) the availability of controls for such sources and the social and economic costs of controlling them so as to eliminate or significantly mitigate such risks and effects. Requires that the NAS report be submitted to the President and Congress before December 31, 1996. Directs the Administrator to submit to Congress, before June 1, 1997, draft legislation to require, if necessary, further emission control strategies that are consistent with the NAS report. Sets forth provisions relating to innovative control orders. Allows the owner or operator of any existing major electric powerplant (or any substitute unit) which is subject to federally mandated emission reductions under this Act to apply for such an order on or before January 1, 1987. Allows the owner or operator of any existing major electric powerplant which is subject to emission limitations under a State plan under this Act or alternative emission limitations under this Act to apply at any time for such an order. Authorizes the Administrator to issue an innovative control order to an existing major emitting electric powerplant (or substitute unit), after consultation with the Governor of the State where the plant is located, upon determining that: (1) the plant owner or operator will expeditiously use an innovative emission limitation system which is reasonably likely to be adequately demonstrated, upon expiration of the order; (2) such system is not likely to be used at the plant unless such order is granted; (3) the owner or operator has demonstrated that the proposed system will not cause or contribute to an unreasonable risk to public health, welfare or safety in its operation, function, or malfunction; and (4) the granting of such order will not make the total number of such orders with respect to such system exceed that which the Administrator finds appropriate to ascertain whether or not such system has been adequately demonstrated or will achieve an equivalent continuous reduction at lower cost in terms of energy, economic, or nonair quality environmental impact. Prohibts the issuance of any such innovative control order after January 1, 1988, in the case of a major existing electric powerplant (or substitute unit) which is subject to federally mandated emission reductions under this Act. Requires that such innovative control orders: (1) specify a final date of compliance with emission limitations under this Act, which shall not be later than January 1, 1996, with specified exceptions; and (2) set forth compliance schedules containing increments of progress which require such compliance as expeditiously as practicable. Requires a source, during the period covered by an innovative control order, to comply with interim requirements which the Administrator: (1) determines are reasonable and practicable; and (2) specifies in the order. Prohibits any enforcement action from being pursued based upon noncompliance with any emission limitation under this Act which is covered by the innovative control order during the period for which such order is in effect. Makes any compliance schedule or interim requirement imposed in an innovative control order a requirement of an applicable implementation plan and an emission limitation for purposes of specified provisions of the Act. Authorizes the Administrator to revoke, extend, or modify an innovative control order upon specified determinations. Establishes in the Treasury an Acid Deposition Control Trust Fund (the Fund). Directs the Secretary of the Treasury (the Secretary) to establish the Fund within one year after enactment of this Act. Provides that the Fund shall continue in existence until all distributions have been made in accordance with this Act. Provides that any amount remaining in the Fund on January 1, 2006, shall be used to make additional payments which may be required on account of past underpayments; or to make payments for specified research, development, demonstration, and services. Provides that, after such additional payments have been made, and all repayments into the Fund required on account of past overpayments have been collected, any remaining amount in the Fund shall be distributed to the owners and operators of existing major emitting electric powerplants in proportion to the amount of fees they paid during the Fund's lifetime, but only if they pass on such refunded payment to their current customers in the form of a rebate or rate reduction. Directs the Secretary to: (1) be the Fund's trustee; (2) manage the Fund by investing in a specified manner any portion of the Fund not required to meet current obligations; (3) report annually to Congress on the financial condition of the Fund; and (4) make a final report, and accounting, to Congress at the termination of the Fund. Imposes, under regulations promulgated by the Administrator, a fee of one and three-tenths mill for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the 48 contiguous 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 December 31, 1999. Directs the Administrator to promulgate regulations setting forth the time and manner required for payment of such fee and related reporting requirements. Directs the Administrator, within six months after enactment of this Act, and after consulting with the Secretary, to issue regulations governing the conditions under which payments will be made from the Fund. Directs the Administrator to make annual payments over specified periods from the Fund to owners or operators of stationary sources subject to requirements under this Act. Requires that such payments cover: (1) 90 percent of all annual capital costs (and, in the case of a major emitting electric powerplant, a specified portion of all annual operating and maintenance costs) of control technology which the Administrator determines to be necessary to comply with specified requirements of this Act; or (2) 90 percent of all such capital costs and 90 percent of all such annual operating costs as the Administrator determines to be necessary to comply with the requirements of an innovative control order under this Act. Prohibits any such payment for the capital costs or operating and maintenance costs of any technology used to comply with the precombustion cleaning requirement under this Act. Sets forth provisions for determining such annual capital costs. Sets forth tables for determining the percent of annual operating and maintenance costs to be paid in specified years. Authorizes the Administrator to delegate to a State, at its request and if it has an approved State plan, the authority to approve such payments, subject to the Administrator's approval. Prohibits any annual operating cost payment during any period in which the major existing electric powerplant is not in compliance with any applicable requirement under this Act. Provides that any operating costs incurred during any such period shall not be considered in determining whether overpayments or underpayments have been made. Prohibits any annual capital cost payment during any period in which the powerplant is not in compliance with any compliance schedule under this Act, unless such plant is making a good faith effort. Directs the Administrator, within 24 months after the enactment of this Act, and after consultation with the Secretary, to promulgate regulations governing the making of payments from the Fund and the collection of overpayments. Sets forth requirements relating to such regulations. Sets forth civil and criminal fines for specified failures to pay fees or repayments under this Act. Allows up to $50,000,000 per year from the Fund to be used for the development and demonstration of sulfur dioxide emission control technologies and for specified research authorized under the Energy Security Act of 1980. Provides that no payments from the Fund shall be considered as "income" for purposes of the Internal Revenue Code, or as "rate relief" for purposes of any State regulatory system. Provides that no capital or operating expenses which are compensated under this Act shall be used to reduce any tax obligation under the Internal Revenue Code. Directs the Administrator to make payments of up to $40,000,000 from the Fund to the NAS for services performed pursuant to the contracts for the study and report under this Act. Authorizes the Administrator to delegate to a State, at its request and if it has an approved State plan, the authority to approve payments required under provisions of this Act relating to the Fund. 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 Btus, in the case of subbituminous coal; and (2) 0.40 pounds per million Btus, 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.
Law· SS. 2706 (98th)enacted
United States · United States Congress · 23 May 1984
Hazardous Materials Transportation Act Amendments of 1984 - Amends the Hazardous Materials Transportation Act to authorize appropriations for FY 1985 and 1986 to carry out its provisions. Authorizes the Secretary of Transportation to contract with a private entity for a supplemental reporting system and data center on the transportation of hazardous substances.
Bill· SS. 2703 (98th)open
United States · United States Congress · 22 May 1984
Amends the Environmental Quality Improvement Act of 1970 to authorize appropriations for FY 1985 for the Office of Environmental Quality and the Council on Environmental Quality. Establishes an Office of Environmental Quality Management Fund to receive advance payments from other agencies or accounts that may be used solely to finance: (1) study contracts that are jointly sponsored by the Office and one or more other Federal agencies; and (2) Federal interagency environmental projects (including task forces) in which the Office participates. Provides that any contract or project that is to be so financed may be initiated only with the approval of the Director of the Office. Requires the Director to promulgate regulations setting forth policies and procedures for operation of the Fund.
Bill· SS. 2702 (98th)open
United States · United States Congress · 22 May 1984
Authorizes appropriations for FY 1985 to the Environmental Protection Agency for environmental research, development, and demonstration activities relating to the following: (1) air quality under the Clean Air Act; (2) water quality under the Federal Water Pollution Control Act; (3) water supply under the Safe Drinking Water Act; (4) solid and hazardous waste under the Solid Waste Disposal Act and the Comprehensive Environmental Response, Compensation and Liability Act; (5) pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act; (6) radiation under the Public Health Service Act; (7) interdisciplinary activities; (8) toxic substances under the Toxic Substances Control Act; (9) energy activities; and (10) program management and support.
Bill· SS. 2704 (98th)open
United States · United States Congress · 22 May 1984
Amends the Toxic Substances Control Act to authorize appropriations for FY 1985 for: (1) grants to State programs; and (2) carrying out other specified provisions of such Act.
Bill· SS. 2665 (98th)referred
United States · United States Congress · 10 May 1984
Environmental Crimes and Penalties Amendments of 1984 - Increases penalties (civil fines, criminal fines, and criminal sentences) for specified violations of the following Acts: (1) the Toxic Substances Control Act; (2) the Clean Air Act; (3) the Solid Waste Disposal Act (hazardous waste management provisions); and (4) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund).
Bill· HRH.R. 5642 (98th)open
United States · United States Congress · 10 May 1984
Amends the Hazardous Materials Transportation Act to authorize appropriations for FY 1985. Authorizes the Secretary of Transportation to contract with a private entity for a supplemental reporting system and data center on the transportation of hazardous substances. Changes from May 1 to June 15 of each year the date for submission of the Secretary's annual report on the transportation of hazardous materials.
Bill· HRH.R. 5640 (98th)open
United States · United States Congress · 10 May 1984
Superfund Expansion and Protection Act of 1984 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) (the Act) to revise the definition of "hazardous substance" to include petroleum (including crude oil or any fraction thereof) which: (1) is released from an underground storage tank (as defined in title IV of this title); or (2) may present a significant risk to human health. Transfers the definition of "pollutant or contaminant" from under provisions for response authorities under the Act to among the definitions for purposes of the entire Act. Provides that such term shall include petroleum (including crude oil or any fraction thereof) only in the case of a release from an underground storage tank as defined in title IV of this title. Adds references to "pollutants or contaminants" under specified provisions of the Act. Directs the Administrator of the Environmental Protection Agency (EPA) (the Administrator) to promulgate regulations, within six months after enactment of this Act, establishing that one single quantity shall be the reportable quantity of any hazardous substance regardless of the medium into which the hazardous substance is released. Increases the amount of criminal fines and the duration of criminal sentences for specified violations under the Act. Adds civil penalties for specified violations under the Act. Revises response authorities provisions to transfer from the President to the Administrator the authority to determine whether a response action will be done properly by the responsible party. Authorizes the Administrator, as well as the President, to undertake response actions. Requires that any removal action undertaken by the Administrator, or by any responsible party, be consistent, to the extent practicable, with any long term remedial action with respect to the release or threatened release. Directs the Administrator, to the maximum extent possible, to assess the risk to human health associated with the release or threatened release. Revises response authorities provisions relating to agreements with States. Requires States to make specified agreements with the Administrator, rather than with the President. Eliminates the requirement that a State assure all future maintenance of the removal and remedial actions provided for the expected life of such actions. Requires the State to pay ten percent of the costs of remedial action and ten percent of all future operation and maintenance costs of any onsite remedial action. Requires a 50 percent or greater State share of response costs only in the case of facilities operated, as well as owned, by the State or local government at the time of hazardous waste disposal. Requires the State to also pay all future operation and maintenance costs of any onsite remedial action at such State or locally owned and operated facilities. Provides for credits to any State which has paid more than a ten percent share of remedial costs at a facility owned, but not operated, by such State or local government. Provides that reasonable administrative expenses may be credited against a State's ten percent share. Sets forth mandatory cleanup standards. Directs the Administrator, rather than the President, to select appropriate cost-effective remedial actions determined to be necessary. Requires that such actions be in accordance with: (1) the National Contingency Plan, to the extent practicable; and (2) a required protection level. Directs the Administrator, in evaluating the cost-effectiveness of a remedial action, to consider permanent solutions and alternative treatment technologies to the maximum extent practicable. Requires that the remedial action provide for a level or standard of control necessary to protect human health and the environment. Requires that such level or standard be as stringent as the most stringent applicable standard under the Toxic Substances Control Act, Safe Drinking Water Act, Clean Air Act, or Clean Water Act (or water quality criteria under the Clean Water Act). Requires that any remedial action which provides for containment at the facility comply with standards applicable to facilities required to obtain hazardous waste management permits under the Solid Waste Disposal Act. Authorizes the Administrator to waive the requirement of the most stringent applicable standard, or of the specified containment standard, and to select an alternative remedial action upon a finding that: (1) such alternative remedial action will provide substantially equivalent protection; or (2) compliance with such requirements at that facility will consume such a disproportionate share of the resources of the Hazardous Substances Trust Fund (the Fund) as to have the effect of deferring or preventing remedial action at other facilities which pose a significantly greater threat to human health and the environment. Prohibits permit requirements for any removal or remedial action undertaken pursuant to the Act at the location of the release or threatened release. Authorizes the Administrator to establish the exclusive administrative procedures for making any determination under provisions for required protection level. Revises provisions for information gathering and access authorities to refer to the Administrator, rather than the President. Applies specified information requirements to generators of hazardous wastes, even if such information is available at the facility where such waste is located. Provides for access to such facilities by duly designated Federal and State officers, whenever necessary to carry out any provision of the Act, at reasonable times and for a reasonable duration. Prohibits anyone from impeding or interfering with such entry. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles sufficient to establish the likely effect on human health of at least 100 hazardous substances which are most frequently found or which pose the most significant threat to human health at facilities listed on the National Priorities List prepared under the National Contingency Plan. Requires that the 100 profiles be completed 48 months after enactment of this Act (at 12-month intervals for four groups of 25 substances). Adds new provisions for public participation in remedial action planning. Sets forth mandatory remedial action schedules. Directs the Administrator (of EPA) to commence remedial investigations for all facilities which are listed, as of the enactment date of this Act, on the National Priorities List (NPL) in accordance with the following schedule: (1) one-third of such facilities within six months after such enactment date; (2) two-thirds within 12 months after such date; and (3) all within 18 months after such date. Directs the Administrator to list not fewer than 1,600 facilities on the NPL by January 1, 1988. Directs the Administrator to commence remedial actions and feasibility studies for each facility added to the NPL after the enactment date of this Act within six months after addition of such facility to the NPL. Directs the Administrator to ensure that substantial and continuous physical on-site remedial action commences at facilities on the NPL at a rate of not fewer than 150 facilities per year beginning on October 1, 1986. Directs the Administrator to complete by January 1, 1987, preliminary assessments of all sites listed, as of the enactment date of this Act, on the Emergency and Remedial Response Information System. Directs the Administrator to ensure that remedial action is completed, to the maximum extent feasible, for all facilities listed as of the date of enactment of this Act on the NPL within five years after such enactment date. Directs the Administrator to publish an explanation of why any such remedial action could not be completed within such period. Sets forth provisions for citizen petitions for health effects studies and for emergency relief. Allows any individual or group of individuals to submit a petition to the Administrator providing evidence which: (1) demonstrates that such individual or individuals are being exposed to any hazardous substance; and (2) provides an empirical analysis of the level of exposure. Directs the Administrator to initiate a health effects study upon determination that: (1) there is a reasonable likelihood that such substance is from a facility where such substance is or was treated, stored, recycled, or disposed of, on a regular basis, or where removal action is being or was taken under any provision of the Act; and (2) the exposure may present a significant risk to human health. Directs the Administrator (or the ATSDR Administrator if so designated by the Administrator), within 30 days after receipt of such petition, to: (1) initiate a health effects study; or (2) publish a written explanation of the determination which prevented initiation of the study. Requires that each such health effects study be completed within six months after the date the petition is filed and include specified information. Requires that steps be taken to eliminate any significant risk to human health which such study finds the exposure concerned presents. Provides that such steps may include provision of alternative drinking water supplies and relocation of individuals. Requires that the National Contingency Plan (NCP) be revised within 18 months after the enactment of this Act to reflect the amendments made by this Act. Requires that the portion of the NCP known as "the National Hazardous Substance Response Plan" be revised to provide procedures and standards for remedial actions consistent with protection level requirements under this title. Sets forth provisions for citizen petitions for site ranking. Directs the Administrator, within 12 months after receipt of a citizen petition, to complete a preliminary assessment of the hazards to public health and environment associated with any actual or threatened release of a hazardous substance or pollutant or contaminant. Directs the Administrator, if such assessment indicates a significant threat, to make a prompt evaluation in accordance with the hazard ranking system referred to under specified provisions of the Act to determine the national priority of such release or threatened release. Requires that plan criteria for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action shall also take into account: (1) the release-associated damage to natural resources which may affect the human food chain; and (2) the release-associated contamination or potential contamination of the ambient air. Sets forth provisions for abatement actions. Directs the Administrator, within 18 months after enactment of this Act, and after consultation with the Attorney General, to revise and republish specified guidelines for using imminent hazard, enforcement, and emergency response authorities to effectuate the responsibilities and powers created by this Act. Authorizes the Administrator to establish administrative procedures regarding the opportunity for a person to object to an abatement order under this title. Provides that no court shall have jurisdiction to review any such abatement order in any action other than an action to: (1) enforce such order; (2) recover a penalty for a violation; or (3) recover punitive damages. Revises liability provisions to provide for liability for Federal or State costs of removal or remedial action with respect to a release or threatened release (whether or not such action is consistent with the NCP). Adds liability for Federal or State costs of information gathering with respect to a release or threatened release. Adds liability for the costs of any action taken by the Administrator, under specified citizens petition and emergency relief provisions of this Act, to eliminate a significant risk to human health presented by exposure to a hazardous substance, pollutant, or contaminant and the costs of any health effects study carried out under such provisions with respect to such exposure. Provides that liability under the Act (CERCLA) shall be strict, joint, and several as construed and applied under specified provisions of the Federal Water Pollution Control Act and under these CERCLA liability provisions. Provides that amounts recoverable shall include interest at a specified rate. Prohibits the Attorney General from representing any Federal agency (other than the EPA) in any civil action under title I (Hazardous Substances Releases, Liability, Compensation) of the Act (CERCLA). Authorizes the head of any such Federal agency to appoint agency attorneys or contract with non-Federal attorneys to represent the agency in any such action. Provides that, in any action under liability provisions of the Act, the results of laboratory tests conducted by the Administrator (or by a State) to determine what substances are present at the facility where a release or threatened release occurs may be introduced into evidence and shall be presumed to be accurate. Provides that such presumption shall be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Adds to authorized uses of the Fund the payment of any costs incurred under provisions of this Act: (1) relating to emergency relief and health effects studies; (2) by the ATSDR in preparing specified toxicological profiles; and (3) by the Administrator in evaluating facilities pursuant to petitions for preliminary assessments of hazards to public health. Eliminates a requirement that 85 percent of specified money credited to the Fund be available only for specified purposes. Limits to six percent of such money the amount available for payment of specified claims. Revises audit provisions to direct the Inspector General of the EPA, in each fiscal year, to: (1) conduct an annual audit of the Trust Fund; (2) report on the status of all remedial and enforcement actions taken during the prior fiscal year; and (3) estimate the amount of resources, including the number of work years or personnel, which would be necessary for the Administrator to complete the implementation of all duties vested in the Administrator under this title. Requires that such audit and such status report: (1) include specified information; and (2) be reported annually by the Inspector General to the Congress. Prohibits any potentially liable person from seeking judicial review of any determination to incur any governmental response costs pursuant to response authorities provisions or to utilize the Fund for payment of such costs except in an action to recover such costs under liability provisions. Revises statute of limitations provisions under the Act. Prohibits, with specified exceptions for minors or incompetent persons, presentation of any claim or commencement of any action for damages, as defined under the Act, beyond three years after the later of: (1) the date of the discovery of the loss; (2) the date on which regulations are promulgated under specified provisions for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act; or (3) the date on which regulations are promulgated establishing procedures for the filing of such claims. Sets a statute of limitations of six years after the date of the completion of the response action for presentation of claims or commencement of actions for recovery of response costs in cases involving the responsible person's willful misconduct or willful negligence, violation of safety, construction, or operating standards or regulations, or failures or refusals to provide reasonable cooperation and assistance requested by public officials. Extends the deadline for promulgation of regulations for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or a hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act. Sets forth provisions concerning the relationship of this Act to other law. Authorizes States to require any person to contribute to any fund to pay compensation for claims for any response costs or damages or claims which may be compensated under the Act. Title II: Federal Cause of Action - Subtitle A: Federal Cause of Action - Establishes a Federal cause of action for damages to an individual which result from harm caused by a release of a hazardous substance from specified facilities. Allows the individual or the individual's dependents to sue for compensable damages under this title. Makes liable for such damages: (1) the owner or operator of a vessel (otherwise subject to the jurisdiction of the United States) or a facility; (2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substance was disposed of; (3) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility owned or operated by another party or entity and containing such hazardous substances; and (4) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities or sites selected by such person. Makes such liability strict. Makes such liability joint and several, with specified exceptions. Sets forth defenses to such strict liability. Makes the following damages compensable under this title: (1) any medical expenses, rehabilitation costs, or burial expenses due to personal injury, illness, or death; (2) any loss of income or profits or any impairment or loss of earning capacity due to personal injury, illness, or death; (3) any pain or suffering which results from personal illness, injury, or death; and (4) any economic loss and any damages to property, including diminution in value. Provides for jurisdiction over such Federal cause of action in U.S. district courts. Provides that such Federal jurisdiction shall not affect the jurisdiction of any State court with respect to any action. Authorizes the court to award litigation costs where appropriate. Provides that nothing in this title shall be construed to preempt, or otherwise affect, any provision of State law regarding liability for damages in connection with any hazardous substance. Subtitle B: General Provisions - Sets forth a three-year statute of limitations, with specified exceptions for minors or incompetent persons, for actions under this title beginning on the later of: (1) the date the individual knew (or reasonably should have known) that the injury, illness, or death or other expense was caused by the hazardous substance concerned; or (2) the date of enactment of this title. Prohibits any person who is an employee covered by a State or Federal worker's compensation plan which compensates employees for an injury, illness, or death arising out of and in the course of employment (or pursuant to similar tests of work-relatedness) from recovering any amount under this title for such injury, illness, or death. Title III: Miscellaneous Provisions - Eliminates provisions under the Act (CERCLA) relating to a legislative veto. Authorizes citizen lawsuits under the Act (CERCLA). Sets forth provisions relating to such citizen lawsuits. Title IV: Regulation of Underground Storage Tanks - Establishes a program for identification and regulation of underground storage tanks containing hazardous substances (including petroleum products), and for cleanup of leaks from such tanks. Defines "hazardous substance" for purposes of this title as: (1) any substance designated pursuant to specified provisions of the Federal Water Pollution Control Act; (2) any element, compound, mixture, solution, or substance designated pursuant to the CERCLA definition of "pollutant or contaminant," as added by this Act; (3) any hazardous waste having the characteristics identified under or listed pursuant to hazardous waste management provisions of the Solid Waste Disposal Act (but not including any waste the regulation of which under such Act has been suspended by Act of Congress); (4) any toxic pollutant listed under specified provisions of the Federal Water Pollution Control Act; (5) any hazardous air pollutant listed under specified provisions of the Clean Air Act; (6) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to specified provisions of the Toxic Substances Control Act; and (7) any petroleum product or fraction thereof. Excludes from such term natural gas, natural gas liquids, propane, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Defines "underground storage tank" to include underground pipes connected to such a tank, and lists the following exclusions from this term: (1) farm or residential underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) underground storage tanks used for storing heating oil for consumptive use on the premises where stored; (3) residential septic tanks; (4) pipelines regulated under the Natural Gas Pipeline Act of 1968; or (5) surface impoundments, pits, ponds, lagoons, or basins. Sets forth notification requirements applicable to any person who, during the calendar year immediately preceding the calendar year in which this title was enacted, has supplied any hazardous substance to 100 or more sites where there is an underground storage tank which is or has been used for the storage of any hazardous substance. Requires such persons to notify a designated State or local agency of the existence of any such tank located at such a site. Directs the Administrator, within eight months after the enactment date of this Act, to promulgate regulations (taking into account the effect on small business) regarding the providing of notice to obtain information concerning any such tanks which are not located at such sites. Requires that the notice required of such persons supplying hazardous substances to 100 or more sites where such tanks are located be provided within 12 months after the enactment of this title. Requires that the notice required with respect to all other sites where such tanks are located be provided within 12 months after the promulgation of such regulations. Requires that specified information be contained in those notices required of the suppliers to 100 or more sites and in those notices required of owners or operators which install or bring into use an underground storage tank after the enactment of this Act. Sets forth other information requirements for notices required of the suppliers to 100 or more sites, and for notices required pursuant to regulations for tanks at other sites, in the case of any such tank used for such storage prior to the enactment of this Act but taken out of operation before such enactment date (but after January 1, 1974). Provides that notice shall not be required under this title in the case of any tank for which notice was given pursuant to specified provisions of CERCLA. Requires any owner or operator which installs or brings into use an underground storage tank after the enactment of this Act to notify the designated State or local agency within a specified period. Directs the Governor of each State, within 90 days of such enactment date, to designate the appropriate State or local agencies to receive such notifications. Directs the Administrator, within 180 days of such enactment date and in consultation with designated State and local officials, to prescribe in greater detail the form and content of such notifications. Provides that, if a Governor chooses not to designate a State or local agency for such purpose, such notifications shall be submitted to the Administrator. Requires the State, if such notifications are submitted to a designated State or local agency, to compile the submitted information into a comprehensive inventory and furnish such inventory to the Administrator within 18 months of such enactment date. Sets forth provisions for release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks used for storing hazardous substances. Directs the Administrator to promulgate such regulations after opportunity for public comment and within 18 months after enactment of this title. Requires that such regulations include requirements respecting specified areas, including: (1) leak detection or inventory systems and tank testing; (2) records of such testing, inventory, or detection; (3) reporting releases and corrective actions; (4) standards of performance for new underground tanks, including specified requirements; (5) corrective actions; (6) closure to prevent future release; and (7) evidence of financial responsibility for taking corrective action and for bodily injury and property damage to third parties. Prohibits, until the effective date of such regulations and after 180 days from the enactment of this Act, any person from installing or beginning to use an underground storage tank to store hazardous substances unless such tank is cathodically protected against corrosion, constructed of a noncorrosive material, or contained in a manner designed to prevent the release into the environment of any stored hazardous substances. Sets forth provisions for the Administrator's review and approval of State programs for underground storage tank release detection, prevention, and correction. Requires the State to demonstrate that the State program is equivalent to the Federal program under this title and that it provides for adequate enforcement of compliance with program requirements. Requires that a State's new tank standards be no less stringent than the performance standards promulgated by the Administrator pursuant to this title. Provides for notice and opportunity for public comment before determinations concerning approval of State programs are made. Gives States with approved programs primary enforcement responsibility for requirements related to control of underground storage tanks used to store hazardous substances. Provides for withdrawal of approval upon the Administrator's determination, after public hearing, that a State is not administering and enforcing the program in accordance with specified requirements. Sets forth provisions relating to inspections, monitoring, and testing. Sets forth provisions for confidentiality of information, and criminal penalties for violations of such confidentiality. Requires that all information reported to, or otherwise obtained by, the EPA under this title be made available, upon written request, to any duly authorized committee of the Congress. Sets forth provisions for Federal enforcement of requirements under this title. Sets forth civil penalties for specified violations. Makes requirements under this title applicable to Federal facilities. Authorizes the President to grant exemptions from such requirements upon determination that it is in the paramount interest of the United States to do so. Requires the President to report annually to Congress on such exemptions and the reasons for granting them. Provides that nothing in this Act shall preclude or deny any State or local authority to regulate more stringently underground storage tanks used to store hazardous substances. Directs the Administrator, within 36 months after the enactment of this title, to study the following underground storage tanks exempted under the definition of "underground storage tanks": (1) farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; and (2) tanks used for storing heating oil for consumptive use on the premises where stored. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of the study, with recommendations as to whether or not such tanks should be subject to regulation under this title. Title V: Amendments of the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to increase the environmental tax on petroleum from 0.79 cent to 4.5 cents a barrel, effective October 1, 1985. Extends the period before such tax is terminated until September 30, 1990. Repeals specified CERCLA sunset provisions relating to expiration of the authority conferred by CERCLA to collect environmental taxes. Repeals specified provisions of the Hazardous Substance Response Revenue Act of 1980 relating to the Post-Closure Tax and Trust Fund, and the amendments made by such provisions. Repeals specified CERCLA provisions relating to the Post-Closure Liability Fund. Requires that all sums credited to the Post-Closure Liability Trust Fund established under the Hazardous Substance Response Revenue Act of 1980 which have not been obligated prior to the date of enactment of this title shall be refunded to the persons who paid taxes under specified provisions of the Internal Revenue Code. Requires that such funds be made on a ratable basis in proportion to the total amount of such taxes which were paid by each such person. Adds provisions for a waste end tax, effective January 1, 1987, to Internal Revenue Code provisions for environmental taxes. Imposes such waste end tax on the disposal of any hazardous substance, if such disposal is required to be carried out in compliance with hazardous waste management provisions of the Solid Waste Disposal Act. Sets the amount of such waste end tax in the case of: (1) any hazardous substance for which there is in effect under specified CERCLA regulations a reportable quantity of one pound or less, at $15 for each metric ton disposed of by underground injection and $30 for each metric ton not disposed of by such method; (2) all hazardous substances for which there is in effect under specified CERCLA regulations a reportable quantity of more than one pound, at $5 for each metric ton disposed of by underground injection and $10 for each metric ton not disposed of by such method. Provides that, in the cases of mixtures of hazardous substances with reportable quantities of one pound or less and those with reportable quantities more than one pound, the entire mixture shall be deemed to have a reportable quantity of one pound or less. Requires the owner or operator of the facility to pay such waste end tax with respect to the disposal of any hazardous substance at a facility for which a permit is in effect under the hazardous waste management provisions of the Solid Waste Disposal Act. Requires the person disposing of the hazardous substance to pay such waste end tax with respect to any other disposal of any hazardous substance. Provides that such waste end tax shall not apply after September 30, 1990. Sets forth exemptions from such waste end tax. Provides that such tax shall not apply to the disposal of: (1) any substance by incineration in accordance with the standards applicable to incineration facilities under hazardous waste management provisions of the Solid Waste Disposal Act; (2) any substance by any person in the course of carrying out any removal and remedial action under CERCLA; or (3) any solid waste which is required to be studied under specified provisions of the Solid Waste Disposal Act unless, after the completion of the studies, a law is enacted subjecting such waste to the waste end tax. Sets forth definitions and special rules relating to such waste end tax, including rules treating waste as disposed of not later than one year after generation and as generated not earlier than the date such waste is identified as hazardous, and a rule imposing a fraction of the tax for a fraction of a metric ton of waste. Amends the Hazardous Substance Response Revenue Act of 1980 to provide that revenues from such waste end tax shall be deposited in the Hazardous Substance Response Trust Fund. Amends Internal Revenue Code provisions relating to the environmental tax on certain chemicals (and metals). Increases the rate of such tax on most chemicals on the list (but decreases such tax rate for methane). Adds other chemicals (and metals) to such tax list. Eliminates the listings of zinc chloride and zinc sulfate, but adds zinc to the list for purposes of such tax. Revises the exemption for substances derived from coal from such tax on chemicals to provide that the following substances shall not be exempt from such tax: benzene, tolvene, xylene, naphthalene, tars, and light oils. Expands the exemption for substances used in the production of fertilizer from such tax on chemicals to include as qualified substances specified substances which are sold for resale by any purchaser for use or for resale for ultimate use in a qualified use. Makes such amendments relating to the tax on certain chemicals effective on October 1, 1985. Amends the Hazardous Substance Response Revenue Act of 1980 to revise provisions relating to the Hazardous Substance Response Trust Fund (the Fund). Authorizes appropriations to the Fund for FY 1986 through 1990. Expands the scope of authorized expenditures from the Trust Fund by authorizing expenditures for other costs described under specified CERCLA provisions. Increases from 85 percent to 94 percent the Fund amounts reserved for expenditures for specified purposes. Revises provisions relating to the Fund's authority to borrow repayable advances. Extends through March 31, 1988, the period during which advances may be made for payment of response costs. Extends through September 30, 1990: (1) the period during which other advances may be made to the Fund; and (2) the deadline for final repayment of all advances to the Trust Fund.
Bill· SS. 2648 (98th)referred
United States · United States Congress · 8 May 1984
Ocean Revitalization Act - Amends the Marine Protection, Research, and Sanctuaries Act to declare that the New York Bight Apex is not suitable for the ocean dumping of municipal sludge. Prohibits the Administrator of the Environmental Protection Agency from issuing or renewing any permit for such dumping after the Administrator has determined that such sludge can reasonably be dumped at another sight designated under the provisions of such Act. Requires the Administrator to submit a New York Bight Apex Restoration Plan to Congress within three years of enactment of this Act. Requires the Plan to contain certain items. Authorizes appropriations to the Administrator for FY 1985-1987 for preparing the Plan.
Bill· HRH.R. 5591 (98th)referred
United States · United States Congress · 3 May 1984
Urban Radioactive Materials Protection Act of 1984 - Directs the Secretary of Transportation to issue new regulations pertaining to shipments of hazardous materials after preparing, filing, and considering an environmental impact statement and making an environmental and safety assessment of alternative routes for transportation of such materials. Declares ineffective as of 90 days after enactment of this Act all routing regulations issued in the Department of Transportation regulatory docket HM164.
Bill· HRH.R. 5590 (98th)referred
United States · United States Congress · 3 May 1984
National Acid Deposition Control Act of 1984 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to establish new requirements for acid deposition control. Directs the Administrator of the Environmental Protection Agency (EPA), 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 existing 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. 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 fuel having a lower sulfur content than the fuel used in 1980, precombustion removal of sulfur (such as "coal washing"), technological systems of continuous emission reduction, or any other means which the State deems appropriate. Makes conforming amendments relating to Federal enforcement, criminal and civil violations, and judicial review of administrative acts. Authorizes the Administrator to commence a civil action for permanent or temporary injunction or to assess and recover a civil penalty of up to $25,000 per day of violation, or both, whenever any person violates any requirement in effect under this Act. Eliminates a percentage reduction requirement with respect to sulfur dioxide emissions from any fossil fuel fired stationary source which: (1) commences construction after the date of enactment of this Act; and (2) complies with a standard of performance which prohibits sulfur dioxide emissions in excess of 1.2 pounds per million Btu. Provides that, in the case of any such source, the terms "technological process" and "technological system" shall not be construed to require compliance with a percentage reduction requirement, or any other emission limitation, for sulfur dioxide which is more stringent than 1.2 pounds per million Btu. Provides that specified EPA regulations shall cease to apply to the extent they are inconsistent with these amendments. Directs the Administrator to amend such regulations to reflect these 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· SS. 2609 (98th)open
United States · United States Congress · 30 April 1984
Airborne Lead Reduction Act of 1984 - Amends the Clean Air Act to make it unlawful, effective January 1, 1988, for any person to sell, offer for sale, or introduce into commerce leaded gasoline for general use as a fuel for any highway vehicle. Provides that leaded gasoline may be offered for limited sales under regulations promulgated by the Environmental Protection Agency.
Bill· HRH.R. 5530 (98th)open
United States · United States Congress · 26 April 1984
Amends the Hazardous Materials Transportation Act to provide that commerce does not include transportation performed in a vehicle, aircraft, or vessel that is owned, operated, or controlled by a governmental entity. Removes the requirement for posting hazardous transportation exemption renewals in the Federal Register. Revises the definition of radioactive materials to provide that the term does not include material which the Secretary of Transportation determines is of such a low order of radioactivity that when transported it does not pose an unreasonable hazard to health or safety. Authorizes the Secretary to contract with a private entity for a supplemental reporting system and data center on the transportation of hazardous substances. Changes from May 1 to June 15 of each year the date for submission of the Secretary's annual report on the transportation of hazardous materials. Declares that Federal laws relating to such transportation shall not apply to any matter subject to Federal postal laws or regulations. Authorizes appropriations for FY 1985 and 1986.
Bill· HRH.R. 5512 (98th)open
United States · United States Congress · 25 April 1984
Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to revise provisions relating to research on harmful effects on the health and welfare of persons caused by pollutants in water. Directs the Administrator of the Environmental Protection Agency to conduct such research in conjunction with other Federal, State, and interstate agencies carrying on such research. Requires that such research include, and place special emphasis on, the effect that bioaccumulation of these pollutants has upon reducing the value of aquatic commercial and sport industries. Requires that such research further study methods to reduce and remove these pollutants from the relevant affected aquatic species so as to restore and enhance valuable resources. Authorizes additional appropriations for such research for FY 1985 through 1988. Revises provisions relating to limitations and conditions on grants for the construction of publicly owned water treatment works. Directs the Administrator, before approving grants for proposed treatment works, to determine that: (1) an approved areawide waste treatment management plan is being fully implemented for such area and the proposed treatment works are included in such plan; and (2) the State in which the project is to be located is fully implementing an approved plan under specified provisions for water quality standards, the proposed treatment works are in conformity with such plan, and such State is in compliance with specified provisions for State reports on water quality. Revises provisions for permits under the national pollutant discharge elimination system. Increases from five years to ten years the maximum period such permits may cover, but requires review of each permit after five years to determine whether: (1) the receiving waters of discharges to which such permit applies are in compliance with applicable water quality standards and with any applicable effluent limitation controlling the thermal component of discharges; and (2) the permit is in conformity with applicable plans for areawide waste treatment management and for State implementation of water quality standards. Requires revision of such permit as necessary to: (1) ensure reasonable progress, not inconsistent with a timetable for achievement of water quality objectives, toward compliance of such waters with such standards and of such permit with such plans; and (2) achieve compliance with such limitation within a reasonable period of time by modifying requirements applicable to the thermal component of discharges from the point source in a manner proportionate to the contribution of the point source to the receiving waters (as determined by the Administrator, or if appropriate the State, based upon the findings under specified provisions for identification of areas with insufficient controls and estimation of total maximum daily thermal load). Revises the definition of "point source" to include any leachate collection system. Defines the terms "balanced, indigenous community," "balanced, indigenous population," and "balanced population" to mean an ecological community which: (1) is typically characterized by diversity; (2) retains the capacity to sustain itself through cyclic seasonal changes; (3) contains the presence of necessary food chain species; (4) is not dominated by pollution-tolerant species; (5) exhibits characteristics similar to those of nearby, healthy communities existing under comparable but unpolluted environmental conditions; and (6) may reasonably be expected to become reestablished in the polluted water body segment from adjacent waters if sources of pollution are removed. Provides that such definition shall not affect any permit in effect on the date of enactment of this Act or the issuance of any permit for which an application was received by the Administrator before January 1, 1984.
Bill· SS. 2587 (98th)referred
United States · United States Congress · 24 April 1984
Directs the Administrator of the Environmental Protection Agency to make grants to the city of San Diego, California, for the construction of publicly-owned treatment works in such city to be used to treat municipal sewage and industrial waste for the city of Tijuana, Mexico. Requires the project design for such treatment works to be approved by the Administrator and to meet applicable provisions of Federal law. Directs the Department of State to enter into negotiations with the Government of Mexico to seek contributions toward the costs of construction, operation, and maintenance of such works, and directs such Department to pay necessary costs not provided by the Government of Mexico. Authorizes appropriations.
Law· SJRESS.J.Res. 273 (98th)enacted
United States · United States Congress · 12 April 1984
Designates the week of May 13 through May 19, 1984, as Smokey Bear Week.
Bill· HRH.R. 5495 (98th)open
United States · United States Congress · 12 April 1984
Amends the Federal Food, Drug, and Cosmetic Act to authorize the Administrator of the Environmental Protection Agency to issue an order to revoke an exemption from the tolerance requirements for a pesticide chemical in or on a raw agricultural commodity and establish a tolerance for such chemical, if it is determined that such action is necessary to prevent an imminent hazard to the public health. Makes such an order effective upon its issuance and requires its publication in the Federal Register. Sets forth provisions for a public hearing on such order. States that the effective date of any such order shall not be delayed during administrative or judicial review. Prohibits judicial review until completion of a hearing. Directs the Administrator to revoke exemptions in effect for residues of ethylene dibromide and establish a tolerance for such chemical under which only residues of the chemical which are safe will be permitted to remain in or on the raw agricultural commodity. Declares that Federal rule making procedures shall apply to rules to amend regulations establishing tolerances or exempting tolerances, except that the Administrator may allow informal hearings on such rules. Sets forth revocation procedures, if it is determined that residues of a pesticide chemical permitted by a tolerance established under such regulations may not be safe. Includes among the factors to be considered in promulgating regulations establishing tolerances: (1) the potential acute and chronic health hazards which may result from exposure to residues of a pesticide chemical; and (2) the synergistic effect upon health of combining certain pesticide residues in or on raw agricultural commodities. Requires the Administrator to establish tolerances at zero level for pesticides determined not to leave any residues in or on raw agricultural commodities. Prohibits the Administrator from exempting a pesticide chemical from the necessity for a tolerance on the ground that there is no practical method of detecting its residues or that the pesticide does not leave residues on agricultural commodities. Revises provisions with respect to persons who may petition for the registration of a pesticide to conform to provisions of this Act. Sets forth provisions for the Administrator to revoke a regulation if it is found that false, misleading, or inaccurate information was submitted in connection with its promulgation. Provides that tolerances or exemptions established as a result of postponements shall not remain in effect for more than 180 days. Requires the Administrator, during the four years after enactment of this Act, to conduct a survey of the information available on the aforementioned additional factors for establishing pesticide tolerances to determine: (1) if such information was submitted in connection with a proceeding to establish a tolerance; and (2) if such information was derived from well-conducted studies and is consistent with sound scientific principles. Sets forth revocation procedures for tolerances resulting in unfavorable determinations. Requires the Administrator within 180 days of enactment of this Act, to review the pesticide exemptions in effect to determine: (1) if there is any practical method of detecting such pesticide residues in or on raw agricultural commodities; (2) if such pesticide leaves any residue in or on such commodities; or (3) if such residues are safe. Sets forth revocation procedures. Directs the Secretary of Health and Human Services to conduct random samplings of raw agricultural commodities imported into the United States to determine if the amounts of pesticide residues on such commodities meet Federal standards. Sets forth procedures for the Administrator if the use of a pesticide chemical is cancelled, suspended, or voluntarily withdrawn under the Federal Insecticide, Fungicide, and Rodenticide Act. Transfers the functions of the Secretary of Health and Human Services with respect to pesticide tolerances to the Administrator of the Environmental Protection Agency.
Bill· SS. 2536 (98th)referred
United States · United States Congress · 5 April 1984
Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to authorize the Administrator of the Environmental Protection Agency to undertake a study on consumptive uses of Great Lakes water. Authorizes the Administrator to conduct such study, in cooperation with other interested Federal agencies and the eight Great Lake States and their local governments, of all possible control measures which can be implemented to reduce the quantity of Great Lakes water consumed without adversely affecting the projected growth of the Great Lakes region. Requires that such study include an analysis of both existing and new technology which appears to be feasible in the foreseeable future. Requires that such study include at a minimum: (1) a review of methodologies used to forecast Great Lakes consumptive uses; (2) a discussion of environmental and economic impacts associated with various types of cooling systems for thermal electric generating plants; (3) an analysis of the effect of laws, regulations, and national policy objectives on consumptive uses of Great Lakes water used in manufacturing; (4) an analysis of the economic effects on a consuming industry and other Great Lakes interests associated with a particular consumptive use control strategy; (5) an analysis of associated environmental impacts, both singularly and in combination with other consumptive use control strategies; and (6) a summary discussion of recommendations of methods of controlling consumptive uses so as to maximize benefits to the Great Lakes ecosystem and also provide for continued full economic growth for consuming industries as well as other industries which depend on the use of Great Lakes water. Authorizes appropriations.
Bill· HRH.R. 5370 (98th)referred
United States · United States Congress · 4 April 1984
Acid Deposition Control Act of 1984 - Title I: Acid Deposition Control Program - Amends the Clean Air Act ("the Act") to establish an acid deposition control program. Defines an "acid deposition impact region" as the 31 States east of or bordering on the Mississippi River and the District of Columbia. Requires that by January 1, 1996, the total annual sulfur dioxide emissions in the acid deposition impact region not exceed a level 11,000,000 tons less than the actual level of such emissions in 1980. Requires that one-half of such reduction be completed within six years after the enactment of this Act, or January 1, 1991, whichever is earlier. Provides that sulfur dioxide emissions from major stationary sources which did not begin operation before January 1, 1981, or which have increased emissions since such date (to the extent such emissions do not exceed one and two-tenths pounds of sulfur dioxide per million Btu of heat input on a 30-day basis), calculated on an annual basis, shall not be added to the amount of sulfur dioxide which the State in which such sources are located is required to reduce by January 1, 1996, under provisions for regional reduction allocation and State reduction requirements. Provides that no emissions from such sources shall be added in any State which during 1980 had no major stationary source which was a utility boiler which had an actual annual average emission rate greater than one and two-tenths pounds of sulfur dioxide per million Btu of heat input. Provides that increases in sulfur dioxide emissions from utility boilers which are coal capable as defined under the Fuel Use Act and which convert to the use of coal as a primary fuel shall be so added only to the extent such emissions from a particular source exceed one and one-half pounds of sulfur dioxide per million Btu of heat input on an annual average. Prohibits any major stationary source of sulfur dioxide or nitrogen oxides from commencing operation after January 1, 1996, in such region unless there has been identified for such source a simultaneous net reduction in emissions of sulfur dioxide or nitrogen oxides, or both, at one or more points in such region: (1) in excess of the emissions which potentially would result from the proposed new source; and (2) not otherwise required by a State implementation plan. Exempts from such prohibition any major stationary source which: (1) adopts the best available control technology, as defined under specified provisions of the Act as appropriate for the location of the proposed new source; and (2) attains at least the most stringent emission limitation shown by an adequate operating history to have been achieved in practice by a major stationary source of the same size, type, and class within the region. Directs the Governors of all 31 States within the region to enter into negotiations to establish sulfur dioxide emission reduction requirements for each such State sufficient to achieve the total reduction required for the region. Makes such an agreement binding and enforceable on each such State, but only upon notification to the Administrator by the Governors of 75 percent of the States in the region, within 18 months after enactment of this Act, that such agreement has been reached. Requires each such State, if the Governors fail to reach agreement within such 18 months, to achieve its share of the reduction in annual sulfur dioxide emissions required for the region. Bases such share on the actual utility emissions which are in excess of one and two-tenths pounds of sulfur dioxide per million Btu of heat input averaged over 1980. Authorizes the Governors of any two or more States in the region to reallot among agreeing States such required reductions, provided that the total reductions equal the required total. Requires each such State, within 30 months after the enactment of this Act, to adopt enforceable measures to achieve the required reduction in sulfur dioxide emissions, including emissions limitations and schedules for compliance for sources within such State and other means of emissions reduction in accordance with specified provisions. Directs the Governor of such State to submit such measures to the Administrator for review and to the Governors of all other States in the region for comment. Provides for such review and approval according to specified procedures. Directs the Administrator to approve such measures if, taking into consideration the comments of the other State Governors, the Administrator finds that such measures: (1) contain enforceable requirements for continuous emission reduction; (2) contain requirements for monitoring by the source and enforcement agencies to assure that the emission limitations are being met; and (3) are adequate to meet the required reduction in sulfur dioxide emissions for such State by the deadline under this Act. Makes each emission limitation, compliance schedule, or other measure approved under this Act a requirement of an applicable implementation plan and an emission limitation for purposes of specified provisions of the Act. Provides that, in the case of any major stationary source which is in any State in the region and which is not by December 31, 1986, in full compliance with the applicable implementation plan in effect on January 1, 1981, the owner or operator shall be subject to: (1) the emission limitation established under specified provisions of this Act for all facilities in such State owned or operated by such owner or operator; and (2) a noncompliance penalty for each such source or facility, including each electric generating facility, for the period from the original date for compliance under the applicable implementation plan until actual compliance with such emission limitation. Requires that such enforceable measures adopted by States in the region include compliance schedules which specify actions to be performed leading toward final compliance and increments of progress to be achieved by dates in advance of dates by which the State requires each particular source to comply with the emission limitation necessary to attain the reduction for such State. Requires the State in adopting (and the Administrator in reviewing) such measures to stage or phase such compliance dates so that to the maximum extent practicable one-half of the total emission reduction under this Act is achieved within six years of enactment, or prior to January 1, 1991, whichever is earlier. Requires each major stationary source which proposes to comply with an emission limitation established under this Act by any means other than an innovative system of continuous emission reduction technology or the replacement of existing facilities with new facilities of substantially lower emissions to comply with such emission limitation by January 1, 1994. Sets forth major stationary source sulfur dioxide reduction requirements to apply in any State in the region which has not: (1) adopted, within 30 months after enactment of this Act, measures to achieve the required reduction; or (2) had such measures approved by the Administrator within six months after their submission. Requires, in such States, the owner or operator of each fossil-fuel-burning electric generating facility which is a major stationary source which is not subject to specified performance standards for new stationary sources to comply with an emission limitation or limitations for all such facilities owned or operated by the same entity in such region equivalent to an average among such facilities of one and two-tenths pounds of sulfur dioxide per million Btu of heat input on a 30-day average. Requires the owner or operator of each such facility to submit to the Administrator a plan or schedule of compliance for achieving such emission limitation or equivalent emission reduction in accordance with provisions for enforceable mission reduction programs, within three years after the enactment of this Act or six months after the date on which such owner or operator becomes subject to such emission limitation, whichever is later. Directs the Administrator to approve such plan and compliance schedule if it: (1) contains enforceable requirements for continuous emission reduction; (2) contains requirements for monitoring by the source and enforcement agencies to assure that the emission limitations are being met; and (3) will achieve the required emission reduction in a manner consistent with a specified schedule established under provisions for State enforceable measures, or otherwise at the earliest practicable date, but no later than January 1, 1994. Makes specified violations of such requirements violations of emissions limitations for purposes of certain provisions of the Act. Sets forth provisions for enforceable emission reduction programs. Permits alternative methods or programs for net emission reduction to be used to maintain emission limitations or attain emission reductions required under specified provisions of this Act. Permits a State or the owner or operator of a source to use such alternative methods or programs, in addition to enforceable continuous emission reduction measures, if emissions limitations under such methods or programs are enforceable by the Federal Government, States other than those in which the emissions occur, and citizens under specified provisions of the Act. Includes among such alternative methods or programs: (1) least emissions dispatch to meet electric generating demand and existing generating capacity; (2) retirement of major stationary sources at an earlier date than provided in schedules on file with the Federal Energy Regulatory Commission, the Internal Revenue Service, or State utility regulatory agencies; (3) investments in energy conservation where reductions in emissions can be identified with such investments; (4) trading of emission reduction requirements and actual reductions on a State or regional basis, for which States and the Administrator are authorized to establish emission reduction banks or brokerage institutions to facilitate such trading; (5) precombustion cleaning of fuels; and (6) fuel substitution. Permits a State or the owner or operator of a source required to achieve emission reductions under specified provisions of this Act to substitute reductions in nitrogen oxides emissions, at a rate of two units by weight of nitrogen oxides for each unit of sulfur dioxide. Directs the Administrator to: (1) conduct a study of air pollution problems associated with the long-range transport of pollutants in the portions of the continental United States not included in the acid deposition impact region; and (2) report the results of such study to the Congress within two years after the enactment of this Act. Directs the Acid Precipitation Task Force established under the Energy Security Act to submit to specified congressional committees two comprehensive reports, one by December 31, 1986, and one by December 31, 1988. Requires that such reports present specified research findings and recommendations, based on existing scientific knowledge, for reducing acid deposition and its effects. Directs the Task Force to provide for appropriate scientific peer review of such research and of its reports. Authorizes appropriations for FY 1985 through 1989 in addition to any other funds authorized to be appropriated to the Task Force to carry out specified research activities under such Act. Directs the Administrator, promptly after the date established under provisions for major stationary source sulfur dioxide reduction requirements, to report to specified congressional committees on emission limitation and other enforceable measures adopted by the States and approved by the Administrator or in effect under such provisions, for all States in the region. Directs the Administrator to develop an inventory of sources of nitrogen oxides in the region and in each State in the region. Directs the Administrator, within four years after enactment of this Act, to report to specified congressional committees on: (1) such inventory; (2) control technology and methods for new and existing sources of nitrogen oxides; and (3) any recommendations for requirements to reduce existing emissions or control new emissions of nitrogen oxides to reduce acid deposition, including but not limited to the question of whether levels of such emissions should be strictly limited or reduced. Establishes a National Commission on Air Quality Employment Impacts to study and report to Congress on the direct and indirect impacts on employment in domestic coal mining that would result from the reduction of emissions required by this Act. Authorizes the Commission, if it deems it appropriate, to study and report on other direct employment impacts of this Act on industries related to coal mining. Requires that the Commission's report be filed with specified congressional committees by December 31, 1987. Permits such report to include: (1) legislative recommendations to correct any substantially adverse impact on employment dislocations in coal mining regions caused by this Act; and (2) recommendations to States, counties, cities, or private industrial entities to aid in the correction of said employment dislocation. Provides for Commission membership, including representatives of specified congressional committees, a representative of the United Mine Workers, and representatives of the coal industry. Provides for cooperation, information, and technical assistance from Federal agencies for the Commission. Terminates the Commission upon completion of its report. Authorizes the Commission, in the conduct of the study, to contract with nongovernmental entities competent to perform research or investigations in areas within the Commission's mandate, and to hold public hearings, forums, and workshops to enable full public participation. Authorizes the Commission to contract with nonprofit technical and scientific organizations, including the National Academy of Sciences, to develop necessary technical information for a specified authorized study. Authorizes the Commission to expend up to $3,000,000 to carry out its required functions.
Bill· HRH.R. 5321 (98th)open
United States · United States Congress · 3 April 1984
Comprehensive Hazardous Substances Cleanup and Emergency Relief Act of 1984 - Provides that nothing in this Act or in any amendment made by this Act shall apply to oil or other pollution of navigable waters or authorize any response authority with respect to a federally permitted release as defined in specified provisions of the Solid Waste Disposal Act (as added by this Act). Sets forth the finding that in order to adequately protect human health and the environment from hazardous waste it is necessary to: (1) establish a program for the cleanup of hazardous waste sites; (2) establish standards for the cleanup of such sites which will insure the same degree of protection for human health and the environment as are applicable in the case of facilities regulated under hazardous waste management provisions of the Solid Waste Disposal Act and other applicable Federal and State law; (3) establish enforcement standards which require parties responsible for the release or threatened release of hazardous substances, pollutants, or contaminants to assume financial responsibility for injuries of those exposed and for either conducting cleanup or reimbursing government costs of cleanup; (4) establish a full and cooperative Federal-State partnership in the cleanup program; and (5) afford citizens emergency assistance, reimbursement of medical and reimbursement expenses, and an opportunity to participate in the cleanup process. Title I: Cleanup of Hazardous Substances, Pollutants, and Contaminants - Amends the Solid Waste Disposal Act (the Act) (also known as the Resource Conservation and Recovery Act of 1976) to add provisions for cleanup of, and liability for, certain hazardous substances, pollutants and contaminants. Defines "hazardous substance" as: (1) any substance designated under specified provisions of the Federal Water Pollution Control Act; (2) any element, compound, mixture, solution, or substance designated under specified provisions for additional designations under this Act; (3) any hazardous waste having the characteristics identified or listed under specified hazardous waste management provisions of the Act (but not including any other waste the regulation of which under specified hazardous waste management provisions has been suspended by Act of Congress); (4) any toxic pollutant listed under the Federal Water Pollution Control Act; (5) any hazardous air pollutant listed under the Clean Air Act; and (6) any imminently hazardous chemical substance or mixture with respect to which the Administrator of the Environmental Protection Agency (EPA) (the Administrator) has taken action under the Toxic Substances Control Act. Excludes from the term "hazardous substance" natural gas, natural gas liquids, propane, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Provides, for purposes of such cleanup, liability, and funding provisions, that the term "pollutant or contaminant" shall include, but not be limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavorial abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such organisms or their offspring. Excludes from the term "pollutant or contaminant" natural gas, natural gas liquids, propane, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas). Provides for designation of additional hazardous substances and reportable quantities under this Act. Directs the Administrator to promulgate and revise: (1) regulations designating as hazardous substances, in addition to those referred to in the definition under this Act, such elements, compounds, mixtures, solutions, and substances which, when released into the environment, may present substantial danger to the public health or welfare or the environment; and (2) regulations establishing that quantity of any hazardous substance the release of which shall be reported under this Act. Allows the Administrator to determine that one single quantity shall be the reportable quantity for any hazardous substance, regardless of the medium into which it is released. Provides that, unless and until superceded by such regulations, the substances designated as additional hazardous substances and the reportable quantities of such substances established under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (Superfund) (CERCLA) shall be deemed designated and established under this Act. Sets forth a notice requirement relating to releases of hazardous substances from any facility. Defines "facility" as: (1) any building, structure, installation, equipment, pipe or pipeline well, pit, pond, lagoon, impoundment, ditch, landfill, storage container; or (2) any site or area where a hazardous substance, or pollutant or contaminant, has been deposited, stored, disposed of, or placed, or otherwise located (but does not include any consumer product in consumer use or any vessel or any motor vehicle, rolling stock, or aircraft). Requires any person in charge of a facility, as soon as such person has knowledge of any release (other than a federally permitted release) of a hazardous substance from such facility in quantities equal to or greater than those determined as reportable under this Act to immediately notify the National Response Center. Directs the Center to convey the notification expeditiously to all appropriate Government agencies, including the Governor of any affected State. Provides that such notification, or information obtained by exploitation of it, shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement. Provides that such notice requirement shall not apply to the normal application of a pesticide product under the Federal Insecticide, Fungicide, and Rodenticide Act or to the handling and storage of such a pesticide product by an agricultural producer. Exempts from such notice requirement any hazardous substance release which: (1) is required to be reported (or specifically exempted from a reporting requirement) under specified hazardous waste management provisions and regulations under the Act and has been reported to the Center; or (2) is a continuous release, stable in quantity and rate, and either is from a facility for which notification has been given under specified provisions of CERCLA or is a release for which notification has been given under the notice requirement of this Act for a period sufficient to establish the continuity, quantity, and regularity of the release. Requires, in the case of such exemptions, that notification be given for releases annually or at such time as there is any statistically significant increase in the quantity of any hazardous substance or constituent thereof released, above that previously reported or occurring. Sets forth response authorities. Authorizes the Administrator, whenever there is a release or substantial threat of release into the environment of any hazardous substance or of any pollutant or contaminant which may present an imminent or substantial danger to human health or the environment, to: (1) remove or arrange for the removal of, and provide for remedial action relating to such hazardous substance, pollutant, or contaminant at any time (including its removal from any contaminated natural resource); or (2) take any other response measure necessary to protect human health and the environment. Requires that removal actions be consistent with the National Contingency Plan and long-term remedial actions. Allows the Administrator to authorize facility owners or operators or other responsible parties to undertake such response actions. Sets forth investigation and planning authorities. Authorizes the Administrator to undertake investigations, monitoring, surveys testing, and other information gathering to identify the existence or extent of a release or threat thereof, the source and nature of the hazardous substances, pollutants, or contaminants involved and the extent of danger to human health and the environment, whenever the Administrator: (1) is authorized to act under response authorities for imminent and substantial danger; or (2) has reason to believe that a release has occurred or is about to occur, or that illness, disease, or complaints thereof may be attributable to exposure to a hazardous substance, pollutant, or contaminant and that a release may have occurred or be occurring. Authorizes the Administrator, in addition, to undertake planning, legal, fiscal, economic, engineering, architectural, and other studies or investigations to plan and direct response actions, recover costs, and enforce cleanup, liability, and funding provisions of this Act. Directs the Administrator, in such information gathering or planning, to assess the risk to human health associated with the release or threatened release. Provides for a six-month limitation on response actions. Discontinues obligations, other than those authorized for investigation and planning, from the Hazardous Substances Trust Fund (the Fund) established under this Act after $1,000,000 has been obligated for response actions or six months after the initial response to a release or threatened release of hazardous substances, unless the Administrator: (1) finds that continued response actions are immediately required to prevent, limit, or mitigate an emergency, there is an immediate risk to human health or the environment, and such assistance will not otherwise be provided on a timely basis; or (2) has determined the appropriate remedial actions and the States in which the source of release is located have complied with provisions for State payment of certain costs. Sets forth provisions for State payment of certain costs. Prohibits the Administrator from providing any remedial actions under response provisions of this Act unless the State in which the release or threatened release occurs first provides certain assurances. Requires the State to assure the availability of a hazardous waste disposal facility for any necessary offsite storage, destruction, treatment, or secure disposition of hazardous substances, pollutants, or contaminants. Requires the State to pay or assure payment of: (1) ten percent of the costs of remedial action and ten percent of all future operation and maintenance costs of any onsite remedial action; or (2) at least 50 percent (or such greater amount as the Administrator may determine appropriate, taking into account the degree of responsibility of the State or local government) of costs of remedial action and future operation and maintenance of onsite remedial action at facilities owned or operated by the State or local government at the time of any disposal of hazardous substances, pollutants, or contaminants therein. Directs the Administrator to grant the State a credit for amounts expended or obligated by the State or local government after January 1, 1978, and before December 11, 1980, for any response action costs which are covered by provisions for the Fund and which were incurred at a release listed under National Contingency Plan provisions. Provides for reimbursement to the State of any amount paid by the State, pursuant to a specified contract or agreement at any time after December 11, 1980, in excess of ten percent of remedial action costs at a facility owned, but not operated, by the State or local government. Requires that any amount expended by a State for administrative expenses in carrying out cleanup, liability, and funding provisions of this Act be credited against the required ten percent share. Sets forth provisions for selection of remedial action. Directs the Administrator to select appropriate cost-effective remedial actions in accordance with the National Contingency Plan and with a required protection level. Directs the Administrator to consider permanent solutions and alternative treatment technologies in evaluating the cost-effectiveness. Directs the Administrator to: (1) consult with the affected States before determining the appropriate remedial action; and (2) approve a more protective action if the State or local government assures payment of 90 percent of that portion in excess of the costs of the action chosen by the Administrator. Provides that the selected remedial action shall require a level or standard of control: (1) necessary to protect human health and the environment; (2) as stringent as the most stringent applicable Federal law; and (3) as stringent as the most stringent applicable State law. Authorizes the Administrator to waive the requirements of a protection level as stringent as the most stringent Federal and State laws and to select an alternative remedial action upon a finding that: (1) such an alternative remedial action will provide substantially equivalent protection; or (2) compliance with the requirements of a level of protection necessary to protect human life and the environment at a site or facility will consume such a disproportionate share of Fund resources as to defer or prevent remedial action at other sites or facilities which pose a significantly greater threat. Prohibits permit requirements for any removal or remedial action undertaken pursuant to this Act at the location of the release or threatened release. Authorizes the Administrator to establish the exclusive administrative procedures for making any determination under provisions for required protection level. Authorizes the Administrator to enter into contracts or cooperative agreements with State and local governments to take remedial actions and to be reimbursed for reasonable response costs from the Fund. Provides for enforcement of such contracts and agreements, and of cost-sharing agreements, in Federal district courts. Authorizes the Administrator to provide technical and legal assistance to State or local governments in administering and enforcing contracts and subcontracts in connection with response actions and to intervene in civil actions involving such enforcement. Authorizes the Administrator to treat two or more noncontiguous facilities as one if they are reasonably related on the basis of geography or of threat or potential threat to human health or the environment. Sets forth information gathering and access authorities for purposes of assisting in determining the need for response to a release or enforcing cleanup, liability, and funding provisions of this Act. Requires that access to records and information, including samples of hazardous substances or pollutants or contaminants or substances which may have been hazardous, and samples of containers and labels, be provided to authorized Federal and State officers by any person: (1) who generates, stores, treats, recycles or disposes of such substances; or (2) who generates, stores, transports, or otherwise handles or has handled such substances (where necessary to ascertain facts not available at the facility where such substances are located). Provides for access to the site or facility at which any hazardous substance or pollutant, or contaminant is located, whenever necessary to carry out cleanup, liability, and funding provisions of this Act. Provides for public availability of records, reports, or information obtained, with specified exceptions for data entitled to confidentiality. Requires that all information reported or obtained be made available to any duly authorized congressional committee. Directs the Administrator or the State to require compliance with Federal health and safety standards established in the National Contingency Plan in awarding contracts for response actions. Requires that the prevailing wage rates of the Davis-Bacon Act be paid to all laborers and mechanics for construction, repair, or alteration work funded in whole or part under response action provisions of this Act. Authorizes the President to authorize the use of emergency procurement powers necessary to effect the purpose of the Act. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR), in cooperation with other Federal officials and States, to implement the health related authorities of the Act. Directs the ATSDR Administrator to establish and maintain: (1) national registries of serious diseases and of persons exposed to toxic substances; (2) inventories of research on the health effects of toxic substances; and (3) a complete listing of areas closed to the public or otherwise restricted in use because of toxic substance contamination. Directs the ATSDR Administrator to: (1) provide medical care and testing, or other appropriate assistance to exposed individuals in public health emergencies; and (2) conduct periodic survey and screening programs to determine relationships between exposure to toxic substances and illness. Directs the ATSDR Administrator to prepare toxicological profiles sufficient to establish the likely effect on human health of the 100 hazardous substances which are most frequently found or which pose the most significant threat to human health at facilities listed on the National Priorities List prepared under the National Contingency Plan. Requires that the 100 profiles be completed 48 months after enactment of this Act (at 12-month intervals for four groups of 25 substances). Sets forth provisions for public participation in remedial action planning. Sets forth remedial action schedules. Directs the Administrator to complete remedial investigations and feasibility studies for all releases and threatened releases at sites listed or proposed to be listed on the National Priority List prepared under the National Contingency Plan: (1) within 18 months after the enactment of this Act, at sites listed or proposed to be listed as of such enactment date; and (2) within 12 months after the date of listing, at sites listed or proposed to be listed after such enactment date. Directs the Administrator or the State to complete, within five years after such enactment date, remedial actions for all releases or threatened releases at sites listed or proposed to be listed as of such enactment date. Directs the Administrator to complete by January 1, 1987, a preliminary assessment of all sites listed, as of such enactment date, on the Emergency and Remedial Response Information System. Requires that the National Contingency Plan be revised within 12 months after the enactment of this Act to reflect and effectuate the powers and responsibilities created by this Act, in addition to those matters specified in CERCLA and other applicable law. Requires that the portion of such plan known as "the National Hazardous Substance Response Plan" be revised to provide procedures and standards for response actions consistent with protection level requirements under this Act. Requires that, on or before January 1, 1988, at least 1,000 of the highest priority facilities be designated individually on the National Priorities List as "top priority among known response targets." Requires that plan criteria for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action shall take into account (in addition to factors required under CERCLA): (1) the release-associated damage to natural resources which may affect the human food chain; and (2) the release-associated contamination or potential contamination of the ambient air. Sets forth provisions for citizen petitions for site ranking. Directs the Administrator, within 12 months after receipt of a citizen petition, to complete a preliminary assessment of the hazards to public health and environment associated with any actual or threatened release of a hazardous substance or pollutant or contaminant. Directs the Administrator, if such assessment indicates a significant threat, to make a prompt evaluation in accordance with the hazard ranking system referred to under specified provisions of CERCLA to determine the national priority of such release or threatened release. Sets forth provisions for abatement actions. Directs the Administrator, upon determining that there may be imminent and substantial danger to human health or the environment because of an actual or threatened release of a hazardous substance or any pollutant or contaminant from a facility, to request the Attorney General, in addition to any other State or local action, to secure relief necessary to abate such danger or threat. Gives the U.S. district court in the district in which the threat occurs jurisdiction to grant such relief as the public interest and the equities of the case may require. Authorizes the Administrator, after notice to the affected State, to take other abatement action including issuing orders necessary to protect human health and the environment. Directs the Administrator, within 18 months after enactment of this Act, and after consultation with the Attorney General, to revise and republish guidelines published under CERCLA for using the imminent hazard, enforcement, and emergency response authorities of this Act and other existing statutes administered by the Administrator to effectuate the responsibilities and powers created by this Act. Requires that such guidelines: (1) be consistent with the National Contingency Plan; and (2) include the assignment of responsibility for coordinating response actions with the issuance of administrative orders, enforcement of standards and permits, information gathering, and other imminent hazard and emergency powers authorized by other provisions of law. Authorizes the Administrator to establish administrative procedures regarding the opportunity for a person to object to an abatement order under this Act. Provides that no court shall have jurisdiction to review any such abatement order in any action other than an action to: (1) enforce such order; (2) recover a penalty for a violation; or (3) recover punitive damages. Sets forth provisions for liability for releases or threatened releases of hazardous substances, pollutants, or contaminants which cause incurrence of response costs. Makes strictly liable for specified costs and damages: (1) owners or operators of facilities at which hazardous substances, pollutants, or contaminants were stored, treated, disposed of, or recycled; (2) persons who owned or operated such facilities at the time of such storage, treatment, disposal, or recycling; (3) persons who owned or possessed such substances and who arranged for such storage, treatment, disposal, or recycling by, or for transport for such purposes, by any other party or entity; and (4) persons who accept or accepted any such substances for transport to storage, disposal, treatment, or recycling facilities or sites selected by such persons. Provides that such costs and damages shall be: (1) all Federal and State costs of removal or remedial action and investigation and planning; (2) any other necessary response costs incurred by any other person consistent with the National Contingency Plan; (3) damages for injury to, destruction of, or loss of natural resources, including assessment costs; and (4) costs of specified emergency relief actions and health effects studies. Provides that such liability shall be: (1) joint and several; and (2) according to the standard which obtains under specified provisions of CERCLA and the Federal Water Pollution Control Act. Provides for recovery of interest on amounts recoverable as costs and damages. Sets forth defenses to such strict liability. Sets forth a limitation on the amount of such liability (the total of all response costs plus $50,000,000 for any damages) but makes the responsible person liable for full and total costs of response and damages in cases involving willful misconduct, willful negligence, or violations of Federal standards (within the privity or knowledge or such person), or failure or refusal to cooperate with requests in connection with response activities with respect to regulated carriers. Provides for punitive damages in an amount three times the amount of any costs incurred by the Fund as a result of a responsible person's failure without sufficient cause to properly provide removal or remedial action upon order of the Administrator. Provides that no person shall be liable under this Act for costs and damages incurred as a result of actions taken or omitted in the course of rendering care, assistance, or advice at the direction of an on scene coordinator, except in cases of gross negligence or intentional misconduct. Sets forth provisions relating to indemnification agreements. Sets forth provisions relating to liability for damages to natural resources. Makes all requirements, including liability, of this Act applicable to all Federal agencies. Prohibits recovery under such liability provisions of this Act for response costs or damages resulting from the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act. Provides that recovery for response costs or damages resulting from a federally permitted release shall be pursuant to existing law in lieu of such liability provisions of this Act. Provides that, for purposes of abatement actions, the presumption that EPA (or State) laboratory tests are accurate may be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Sets forth provisions for financial responsibility. Directs the Administrator to promulgate requirements (for facilities in addition to those under hazardous waste management provisions of the Act) that classes of facilities establish and maintain evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances. Requires that priority in the development of such requirements be accorded to those classes of facilities, owners, and operators which the Administrator determines present the highest level of risk of injury. Directs the Administrator to publish notice of the identification of those classes for which requirements will be first developed. Requires that the level of financial responsibility be established and adjusted to protect against the level of risk which the Administrator believes is appropriate based on the payment experience of the Fund, commercial insurers, court settlements and judgments, and voluntary claims satisfaction. Directs the Administrator to cooperate with and seek the advice of the commercial insurance industry in developing such financial responsibility requirements. Requires that such financial responsibility requirements be incrementally imposed over a period of between three to six years after promulgation. Provides that, where possible, the financial responsibility level appropriate as a final requirement be achieved through incremental, annual increases in the requirements. Sets forth provisions for consolidated forms of evidence of financial responsibility under specified circumstances. Sets forth provisions relating to claims against guarantors and the limitation of guarantor liability. Sets forth provisions for penalties for specified violations under this Act. Sets forth provisions relating to employee protection. Prohibits firing or discriminating against any employee or authorized employee representative because he or she has provided information to a State or the Federal Government, or has caused the filing or institution of, or testified, or is about to testify in, any proceeding resulting from the administration or enforcement of this Act. Sets forth procedures for review by the Secretary of Labor of employee allegations of such a firing or discrmination, and for judicial review of the Secretary's orders. Provides for abatement orders, including rehiring or reinstatement with compensation and reimbursement of legal costs and expenses to the employee by the violator. Makes such employee protection provisions inapplicable to any employee who, acting without discretion from the employer (or the employer's agent), deliberately violates any requirement of this Act. Directs the President to conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of this Act, including, where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such administration or enforcement. Permits employees and their representatives to request investigations. Provides for a public hearing at the request of any party. Directs the President to make investigation reports, findings of fact, and recommendations available to the public. Sets forth provisions for citizen petitions for emergency relief and health effects studies. Directs the Administrator, upon receiving a petition providing reason to believe that the petitioners were exposed to any hazardous substance in a manner which may present a significant risk to human health, to: (1) immediately terminate such risk by provision of alternative drinking supplies, decontamination of soil, or relocation of residents; and (2) perform a health effects study to ascertain the nature, magnitude, scope, and duration of the exposure, including a determination of the source of any groundwater contamination and a toxicological evaluation of the substances involved. Directs the Administrator to also perform a health effects study upon receiving a petition providing reason to believe that one or more persons have been exposed to any hazardous substance and such exposure has abated but previously presented a significant risk to human health. Requires that each health effects study be completed within six months after the date on which the petition is filed, and that the results of such study be made public within ten days after completion. Provides for judicial review of the Administrator's denial of such petitions in the U.S. district court for the district in which the exposure occurred. Sets forth claims procedures. Requires that all claims which may be asserted against the Fund be presented first to the owner, operator, or guarantor of the facility from which a hazardous substance has been released, if known to the claimant, and to any other person known to the claimant who may be liable under this Act. Allows the claimant, in any case where the claim has not been satisfied within 60 days of such presentation, to elect to: (1) commence an action in court against such owner, operator, guarantor, or other person; or (2) present the claim to the Fund for payment. Directs the Administrator to prescribe appropriate forms and procedures for claims filed against the Fund. Directs the Administrator, upon receipt of any claim, to: (1) inform any known affected parties of the claim; and (2) attempt to promote and arrange a settlement between the claimant and any person who may be liable. Provides that, if the claimant and alleged liable party agree upon a settlement, it shall be final and binding upon the parties thereto, who will be deemed to have waived all recourse against the Fund. Provides that where a responsible party is unknown or cannot be determined, the claimant and the Administrator shall attempt to arrange settlement of any claim against the Fund. Authorizes the Administrator to award and make payment of such settlement, subject to proof and procedures promulgated by regulation. Directs the Administrator (except in extraordinary circumstances where inadequate services of private organizations or State agencies make the use of Federal personnel necessary) to use the facilities and services of private insurance and claims adjusting organizations or State agencies in implementing such claims settlement requirements. Sets forth provisions relating to contracts for such facilities and services. Authorizes the Administrator, if no settlement is reached within 45 days after filing of a claim and if the information developed during the claim processing warrants it, to make and pay an award of the claim. Provides for the appeal of such an award in the U.S. district court for the district in which the arbitral hearing took place. Requires that, if the Administrator declines to make an award, the claim be submitted to a member of the Board of Arbitrators established under CERCLA. Sets forth subrogation provisions. Sets forth statute of limitations provisions. Prohibits, with specified exceptions, the presentation of a claim or the commencement of an action for damages under this Act unless that claim is presented or action commenced within three years from the date of the discovery of the loss, whichever is later. Provides that such time limitations shall not begin to run against minors or incompetent persons until a legal representative is duly appointed for them or until the minor reaches 18 years of age or the incompetency ends. Prohibits presentation of claims or commencement of actions for recovery of specified response costs until the date six years after the completion of the response action. Provides that no person who asserts a claim against the Fund pursuant to this Act shall be deemed or held to: (1) have waived any other claim not covered or assertable against the Fund under this Act arising from the same incident, transaction, or set of circumstances; (2) have split a cause of action; or (3) as a result of any determination of a question of fact or law in connection with such claim, be collaterally estopped from raising such question in connection with any other claim not covered or assertable against the Fund. Provides that judicial review of any regulation promulgated under this Act may be had upon application, within 90 days from the date of promulgation, by any interested person only in the Circuit Court of Appeals of the United States for the District of Columbia. Grants the U.S. district courts exclusive original jurisdiction over all other controversies arising under this Act. Sets forth provisions for venue in such cases. Provides that no provision of this Act shall be deemed or held to meet any prior litigation concerning any release of any hazardous substance or pollutant or contaminant or any associated damages. Sets forth provisions concerning the relationship of this Act to other law. Provides that nothing in this Act shall be construed or interpreted as preempting any State from imposing any additional liability or requirements with respect to the release of hazardous substances or pollutants or contaminants within such State. Bars any person from receiving double compensation for the same removal costs or damages or claims pursuant to this Act and any other Federal or State law. Authorizes States to require any person to contribute to any fund to pay compensation for claims for any response costs or damages or claims which may be compensated under this Act. Prohibits State or local governments from requiring any other evidence of financial responsibility in connection with liability for the release of a hazardous substance from a facility, if the owner or operator establishes and maintains evidence of financial responsibility in accordance with this Act. Authorizes the President and the Administrator to delegate any powers or duties and to promulgate regulations to carry out cleanup, liability, and funding provisions of this Act. Adds provisions for medical and relocation expenses and other recovery to the Act. Sets forth definitions applicable to such provisions. Title II: Establishment and Uses of Hazardous Substance Trust Fund - Amends the Solid Waste Disposal Act (the Act) to establish the Hazardous Substance Trust Fund (the Fund) in the Treasury. Transfers to the Fund amounts determined by the Secretary of the Treasury (the Secretary) to be equivalent to: (1) the fees imposed under title III of this Act; (2) amounts recovered on behalf of the Fund under specified provisions of this Act; (3) civil penalties assessed under specified provisions of this Act; and (4) punitive damages under specified provisions of this Act. Authorizes appropriations in a specified amount for the Fund for FY 1986 through 1988. Authorizes appropriations for each fiscal year thereafter in an amount equal to not more than 12.5 percent of the amount deposited in the Fund during the second preceding fiscal year which is derived from the fees imposed under title III of this Act. Limits the liability of the U.S. Government to the amount in the Fund. Sets forth provisions for the Secretary's administration of the Fund relating to method of transfer, management (including an annual report to Congress and investment requirements), and authority to borrow (including limitations on advances and repayment requirements). Sets forth the uses of the Fund. Directs the Administrator to use the money in the Fund for payment of: (1) governmental response costs incurred pursuant to response provisions of this Act; (2) any claim for necessary response costs incurred by any other person as a result of carrying out the revised National Contingency Plan, if such costs are approved in advance of expenditure under that plan and certified by the responsible Federal official; (3) any claim authorized by provisions relating to natural resources damages and finally decided under settlement provisions, including interest, administrative and adjudicative costs, and attorney's fees; (4) medical and relocation expenses; and (5) other specified costs. Directs the Administrator to cooperate with State and local governments in their undertaking of response actions under this Act. Requires that any administrative costs or expenses paid out of the Fund be reasonably necessary and incidental to the implementation of this Act. Sets forth provisions relating to claims for damages to natural resources. Allows claims resulting from a release or threat of release of a hazardous substance from a facility to be asserted against the Fund for injury to, or destruction or loss of, natural resources. Provides that such claims may be asserted only by: (1) the President, as trustee, for natural resources over which the United States has sovereign rights or within U.S. territory to the extent they are managed and protected by the United States; or (2) any State for natural resources within its boundaries belonging to, managed by, controlled by, or appertaining to such State. Provides that the Fund may be used for other specified "included costs" of: (1) natural resources damages assessment; (2) Federal or State efforts to restore, rehabilitate, replace, or acquire the equivalent of the natural resources damaged; (3) a program to identify, investigate, and take enforcement and abatement action against releases of hazardous substances (subject to amounts provided in appropriation Acts); (4) epidemiologic studies, a registry of and long-term health effect studies on persons exposed to hazardous substances, and otherwise unavailable diagnostic services to determine whether persons in populations exposed to hazardous substances in connection with a release or suspected release are suffering from long-latency diseases; (5) providing supplementary equipment and similar overhead and damage assessment capability for any Federal agency involved in strike forces, emergency task forces, or other response teams under the National Contingency Plan (subject to amounts provided in appropriations Acts); (6) a program to protect the health and safety of employees involved in response to hazardous substances releases (subject to amounts provided in appropriations Acts); (7) preparation of toxic profiles by the Agency for Toxic Substances and Disease Registry; (8) evaluation of sites by the Administrator pursuant to citizen petitions; and (9) emergency relief and health effects studies carried out by the Administrator. Provides that the health and safety program for employees involved in response actions shall: (1) be developed jointly by the EPA, the Occupational Safety and Health Administration, and the National Institute for Occupational Safety and Health; and (2) include measures for identifying and assessing hazards to which persons engaged in the removal or remedy of, or other response to hazardous substances may be exposed, methods to protect workers from such hazards, and necessary regulatory and enforcement measures to assure adequate protection of such employees. Prohibits the use of money in the Fund for: (1) assessment or restoration costs or claim payments where the damage to natural resources and the release occurred wholly before the enactment of this Act; or (2) claim payments for natural resources damages where such expenses are associated with injury or loss resulting from long-term exposure to ambient concentrations of air pollutants from multiple or diffuse sources. Provides that claims against or presented to the Fund shall: (1) not be valid or paid in excess of the total money in the fund at any one time; and (2) become valid only when additional money is collected, appropriated, or otherwise added to the Fund. Directs the Administrator, should the total claims outstanding at any time exceed the current balance of the Fund, to pay such claims, to the extent authorized, in full in the order in which they were finally determined. Limits the portion of money credited to the Fund that shall be available in any fiscal year: (1) to six percent for payment of any claims and related costs for natural resources damages; and (2) to 12 percent for payment of medical and relocation expenses. Provides that no money in the Fund shall be available for remedial actions, other than actions specified under provisions for "included costs" under uses of the Fund, with respect to federally owned facilities. Provides that the following uses of the Fund shall, in the aggregate, be subject to such amounts as are provided in appropriation Acts: (1) payment of governmental response costs; and (2) payment of the specified "included costs." Authorizes the Administrator to delegate authority to obligate money in the Fund or to settle claims to officials of a State operating under a specified contract or cooperative agreement. Directs the Administrator to promulgate appropriate regulations for the notice to be provided to potential injured parties by an owner or operator of any facility from which a hazardous substance has been released. Requires such owners and operators to: (1) provide notice in accordance with such regulations; and (2) until such regulations are promulgated, provide reasonable notice to potential injured parties by publication in local newspapers serving the affected area. Requires that natural resources damages be assessed for purposes of this Act by Federal officials designated by the President under the National Contingency Plan and acting for the President as trustee. Provides that any such determination or assessment of natural resources damages shall have the force and effect of a rebuttable presumption on behalf of any claimant in any judicial or adjudicatory administrative proceeding under this Act. Requires that a plan for the use of funds under this Act for natural resources restoration be developed and adopted by affected Federal agencies and Governors of States sustaining damages to natural resources belonging to, managed by, or appertaining to such States, after adequate public notice and opportunity for a hearing and consideration of all public comment. Requires that such plan be developed and adopted before such funds may be used for such purposes, except in a situation requiring action to avoid an irreversible loss of natural resources or to prevent or reduce any continuing danger to natural resources or to meet a similar need for emergency action. Sets forth provisions for audits by the Inspector General of the EPA. Sets forth provisions relating to foreign claimants. Prohibits any potentially liable claimant from seeking judicial review of any determination to incur any government response costs under response provisions of this Act or to utilize the Fund for payment of any such costs, except in an action to recover such costs under liability provisions of this Act. Directs the President, acting through Federal officials designated by the revised National Contingency Plan, to promulgate regulations for assessment of natural resources damages within six months after enactment of this Act. Sets forth required contents of such regulations. Requires review, and appropriate revision, of such regulations every two years. Provides that, effective on the date of enactment of this Act, specified CERCLA provisions shall be superseded by this Act. Adds provisions regarding medical and relocation expenses to the Solid Waste Disposal Act (the Act). Allows individuals who allege that they sustained injury for which relief is payable under this Act to file an application for such relief with the Administrator. Directs the Administrator, within 45 days after the enactment of this Act, to issue a rule or order for the manner of filing such applications. Directs the Administrator to pay relief under this Act if individuals establish by a preponderance of the evidence that they have suffered physical injuries or illnesses caused by exposure to a hazardous substance: (1) from a facility or site at or from which such substance was stored, treated, recycled, disposed of, or migrated; or (2) during transportation to such a facility or site. Directs the Administrator to pay relief under this Act to dependents of any deceased individual who establish to the satisfaction of the Administrator that the death was caused by any such exposure. Provides that such relief to any individual who has suffered such physical injury or illness shall consist of: (1) payment or reimbursement for all medical costs incurred in connection with the physical injury, illness, or death; (2) a monthly payment (not to exceed $2,000 per month) in an amount equal to the injured, ill, or deceased individual's monthly earnings which are lost by reason of such injury, illness, or death during the five-year period following such injury, illness, or death; and (3) reimbursement for expenses incurred in obtaining alternative water supplies or relocating a residence where the individual's exposure (or potential exposure) to hazardous substances caused or significantly contributed to such expenses. Provides that relief to dependents of any such individual shall be equal to all such medical costs incurred, plus the reasonable expenses of burial. Directs the Administrator to promulgate rules for equitable allocation of such relief where there are two or more dependents. Directs the Administrator to compute the amount of relief and determine the method, terms, and time of payment. Requires that payments made pursuant to such provisions for medical and relocation expenses be charged against the Fund. Provides that such claims against the Fund which are in excess of the total money in the Fund shall become valid and be paid in the same manner as provided for other claims against the Fund. Limits to 12 percent that portion of the Fund which may be used for purposes of such payments for medical and relocation expenses. Sets forth the procedure for determination of such claims for medical and relocation expenses. Directs the Administrator, except as otherwise provided, to use the procedures used by the Secretary of Health and Human Services (HHS) in determining entitlement to disability insurance benefit payments under the Social Security Act. Directs the Administrator and the Secretary of HHS to arrange to use Social Security Administration personnel and offices for administration and determination of claims filed for medical and relocation expenses under this Act. Authorizes the Administrator to delegate to the Secretary of HHS, or to any HHS employee, any function vested in the Administrator under provisions for medical and relocation expenses under this Act. Provides that the injury, illness, or death shall be presumed to have been caused by the exposure if the applicant provides information sufficient to enable the Administrator to find that: (1) the individual suffered any physical injury, illness, or death; (2) the individual was exposed in any manner to a hazardous substance from a facility or site at or from which such substance was treated, recycled, stored, disposed, or migrated, or during transportation to such site;(3) exposure in such manner to such hazardous substance has a reasonable likelihood of causing or significantly contributing to death or to a personal injury or illness of the type suffered by the individual. Provides that such presumption shall be overcome if the Administrator determines, on the basis of any available information, that it is reasonably certain that such exposure did not cause, or significantly contribute to, the individual's injury, illness, or death. Provides that any information which tends to establish that exposure to the hazardous substance in question causes or contributes to death or to personal injury or illness of the type or class allegedly suffered by an individual, shall be considered relevant to the issues of causation for purposes of determination of such claims for medical and relocation expenses under this Act. Includes among such relevant information: (1) an increase in the incident of injury, illness, or death in the exposed population above that which is otherwise probable; (2) epidemiological studies (without regard to the size of the sample); (3) animal studies; (4) tissue culture studies; (5) micro-organism culture studies; (6) laboratory and toxilogic studies; (7) immunological studies; (8) toxicology profiles prepared under this Act; and (9) health effects studies prepared under this Act. Directs the Administrator to require medical tests or examinations of the applicant to confirm the diagnosis or determination of physical injury or illness. Authorizes the Administrator to investigate and gather other appropriate information in making such claim determinations. Directs the Administrator, upon request by the claimant, to conduct a hearing with respect to any claim which has been denied, in whole or in part. Requires that the involved owner or operator be given notice of any proceeding under provisions for claims for medical or relocation expenses, but declares that such persons have no right to participate in such proceedings. Provides for the award of legal costs for such hearings to claimants who prevail. Sets forth subrogation provisions. Provides for deposit in the Fund of any amount so recovered. Sets forth provisions for the judicial review of such claim determinations in U.S. district courts. Provides that a determination of the Administrator shall constitute a final administrative determination for the purpose of such judicial review. Sets forth provisions for additional recovery. Provides that individuals who have recovered any amount under such provisions for medical or relocation expenses shall not be prohibited from recovering an additional amount under this Act at a subsequent time if such individuals establish that an additional physical injury or illness: (1) was caused by such exposure; and (2) was not known to the individual at the time of the prior application. Title III: Funding - Part 1: Fee on Petroleum - Imposes a fee of four and one-half cents a barrel on: (1) crude oil received at a U.S. refinery (to be paid by the operator of the U.S. refinery); and (2) petroleum products entering the United States for consumption, use, or warehousing (to be paid by the person entering the product for such purposes). Imposes such fee (to be paid by the user or exporter) on any domestic crude oil if: (1) it is used in or exported from the United States; and (2) such fee was not imposed before such use or exemption. Provides that such fee shall not apply to any use of domestic crude oil for extracting oil or natural gas on the premises where such crude oil was produced. Sets forth definitions and special rules. Provides that only one fee may be imposed under this part with respect to any petroleum product. Makes such fee effective on October 1, 1985. Part 2: Fee on Certain Chemicals and Metals - Imposes a fee on any assessed chemicals sold (or used) by the manufacturer, producer, or importer thereof. Sets forth a table of assessed chemicals, with a specified fee per ton for each. Sets forth definitions, exceptions, and other special rules. Provides for a refund or credit for certain uses. Makes such fee effective on October 1,1985. Part 3: Waste End Fee - Imposes a fee on the disposal of hazardous substances. Provides that such fee shall apply only to a disposal which is: (1) required to be carried out in compliance with hazardous waste management provisions of the Act; and (2) not specifically exempt under this part. Exempts from such fee the disposal of any substance: (1) by incineration in accordance with the standards applicable to incineration facilities permitted under hazardous waste management provisions of the Act; or (2) by any person in the course of carrying out any removal or remedial actions under this Act. Sets the amount of such fee in the case of: (1) any hazardous substance for which there is in effect under this Act a reportable quantity of one pound or less, at $15 for each metric ton disposed of by underground injection and $30 for each metric ton not disposed of by such method; and (2) all hazardous substances for which there is in effect under this Act a reportable quantity of more than one pound, at $5 for each metric ton disposed of by underground injection and $10 for each metric ton not disposed of by such method. Provides that, in the cases of mixtures of hazardous substances with reportable quantities of one pound or less and those with reportable quantities more than one pound, the entire mixture shall be deemed to have a reportable quantity of one pound or less. Provides for imposing a fraction of the fee in the case of a fraction of a metric ton. Requires the owner or operator of the facility to pay such fee with respect to the disposal of any hazardous substance at a facility for which a permit is in effect under the hazardous waste management provisions of the Act. Requires the person disposing of the hazardous substance to pay such fee with respect to any other disposal of any hazardous substance. Requires, in the case of a fee imposed with respect to the long-term storage of any hazardous substance, that such fee be paid by the owner or operator of the site or facility at which the substance is located on the date one year after the date of generation of such substance. Sets forth provisions concerning the time of fee payment and regulations to carry out this part. Sets forth provisions concerning such fee for mining waste generated in the mining of copper. Provides that such waste shall become subject to such fee whenever such waste is listed or identified under hazardous waste management provisions of the Act, after the Administrator makes a finding under specified provisions or makes a determination that no such finding can be made. Directs the Administrator to make such finding or determination within six months after the date of such listing or identification. Directs the Administrator to waive such fee in the case of any such copper mining waste upon determination that such waste does not (as of the date of such finding) significantly contribute to the costs which must be incurred in remedial actions carried out pursuant to specified response authorities under this Act. Requires that such fee be imposed on any such copper mining waste if the Administrator finds that: (1) such mining waste is as hazardous as other hazardous wastes which are listed or identified under such provisions; and (2) an economically feasible process exists which is an alternative to the generation or disposal of such waste and which would reduce or eliminate such wastes or the hazard they pose to human health and the environment. Provides that the fee on any such copper mining waste shall be imposed at the rate applicable, under specified provisions, to disposal of hazardous wastes by underground injection, notwithstanding the method of disposal, unless such rate for the copper mining waste fee is reduced in a specified manner. Provides that such rate shall be reduced to such lower level as the Administrator deems appropriate in any case where the determination is made, within the required six-month period, that the finding cannot be made. Directs the Administrator, in establishing such lower level to take account of: (1) the degree of hazard of such copper mining waste as compared with other wastes subject to such fee; and (2) the incentive such fee will provide to reduce or eliminate the amounts of such waste which are disposed of and the hazard they pose to human health and the environment. Provides that the waste end fee imposed under this part shall apply only with respect to the disposal of hazardous substances after January 1, 1987, and that no period of storage before such date shall be taken into account for purposes of imposition of such fee with respect to long-term storage of hazardous wastes. Provides that, after such date, the fee with respect to long-term storage of a hazardous waste shall: (1) cease to apply on the effective date of a removal of such waste from the list under hazardous waste management provisions of the Act; or (2) take effect after the effective date of a listing or identification of such waste under such provisions. Part 4: Administration and Enforcement; Suspension - Directs the Administrator to promulgate regulations for the collection of fees under this title, including reporting and information-gathering regulations. Authorizes the Administrator to use authorities relating to the inspection of records and access under hazardous waste management provisions of the Act for purposes of carrying out this title. Sets forth criminal and civil penalties for specified violations of this title. Requires the suspension of fees imposed under this title during any fiscal year which commences after September 30, 1991, if the Administrator determines (on or before the first day of such fiscal year) that the unobligated balance in the Fund exceeds $3,000,000,000. Provides that such suspension shall continue until the expiration of the fiscal year concerned. Title IV: Citizen Suits and Liability of Certain Persons - Amends the Solid Waste Disposal Act (the Act) to revise provisions for citizen suits. Adds provisions for citizen suits against any person, including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment of the Constitution, and including any past or present generator, transporter, or owner or operator of a treatment, storage, recycling, or disposal facility who has contributed or is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment. Grants the district jurisdiction to immediately restrain any person contributing to such endangerment, to order such person to take other necessary action, and to apply any appropriate civil penalties relating to hazardous waste management violations. Provides that citizen suits for such purposes may not be commenced: (1) if the Administrator has commenced, and is diligently prosecuting, an action under imminent hazard provisions of the Act, or if the State has brought an action under specified provisions of the Act, to immediately restrain any person contributing to such endangerment; or (2) by any person (other than a State or local government) with respect to the siting of a hazardous waste treatment, storage, or disposal facility. Adds provisions to the Act relating to the liability of certain persons for specified damages. Makes the following persons liable for specified damages to individuals (or their dependents) caused by the exposure of such individuals to a hazardous substance: (1) in cases of exposure to such substance from a facility or site at which treatment, storage, recycling, or disposal took place, the owner or operator of such facility or site at the time of such treatment, storage, recycling, or disposal, and any subsequent owner or operator of such facility or site; (2) in cases of exposure to such substance during storage of such substance pending transport for storage or treatment, any person who arranged for treatment, storage, recycling, or disposal, or who arranged for transport for such purposes; and (3) in cases of exposure during the transportation to, or treatment, storage, or disposal at, a disposal or treatment facility or site, any person who accepts or accepted such substance for transport to a treatment, recycling, storage, or disposal facility selected by such person. Provides that such liability shall be: (1) strict liability, with specified exceptions; (2) joint and several; and (3) construed to be the standard of liability which obtains under specified provisions of CERCLA and of the Federal Water Pollution Control Act. Excuses from such liability any defendant who can establish by a preponderance of the evidence that the exposure to a hazardous substance or the damage resulting from such exposure was caused solely by: (1) an act of God; or (2) an act of war. Makes the following damages compensable under such liability provisions: (1) any medical expenses, rehabilitation costs, or burial expenses due to personal injury, illness, or death; (2) any loss of income or profits or any impairment or loss of earning capacity due to personal injury, illness, or death; (3) any pain and suffering which results from personal injury, illness, or death; and (4) any economic loss and any damages to property, including diminution in value. Sets forth procedural provisions relating to such liability. Provides that no evidence may be introduced in an action under such liability provisions of this Act with respect to the results of any proceeding brought by the plaintiff under specified medical and relocation expenses provisions of this Act. Sets forth provisions relating to a presumption of cause of damages. Sets forth provisions for jurisdiction of U.S. district courts over actions under such liability provisions. Authorizes the court to award appropriate legal fees. Provides that nothing in such liability provisions or in provisions for medical and relocation expenses under this Act shall be construed to preempt, or otherwise affect, any provision of State law regarding liability for damages in connection with any hazardous substance. Sets forth a statute of limitations relating to such liability provisions and to provisions for medical and relocation expenses under this Act. Sets such limitation at three years after: (1) the date the physical injury or illness was first known (or reasonably should have been known) by the applicant or plaintiff to exist, or the date of the individual's death; (2) the date the applicant or plaintiff knew (or reasonably should have known) that the physical injury, illness, or death or other expense was caused or contributed to by exposure to such hazardous substance; or (3) the date of enactment of this Act. Sets forth exceptions to such limitation in the case of minors or incompetents. Sets forth provisions for collateral recovery relating to such liability provisions and to provisions for medical and relocation expenses under this Act. Provides for recovery from other sources and for liens. Prohibits recovery under such liability provisions and under provisions for medical and relocation expenses under this Act of any amount for injury, illness, or death for which compensation is available under a State workers' compensation law. Sets forth criminal penalties for false statements in any application or proceeding under provisions for medical and relocation expenses under this Act.
Bill· HRH.R. 5329 (98th)open
United States · United States Congress · 3 April 1984
Directs the Administrator of the Environmental Protection Agency to make grants to the city of San Diego, California, for the construction of a publicly-owned treatment works in such city which will treat municipal sewage and industrial wastes for such city and for the city of Tijuana, Mexico. Makes certain provisions of the Federal Water Pollution Control Act applicable to such grants, with specified exceptions. Provides that the Federal share of such construction costs shall be: (1) 55 percent for those costs attributable to providing such treatment for San Diego; and (2) at full Federal expense less any costs paid by the Government of Mexico as a result of agreements negotiated with the United States, for those costs attributable to providing such treatment for Tijuana. Authorizes the Administrator, upon application of the city of San Diego, to issue a permit which modifies specified requirements under the Federal Water Pollution Control Act to permit the discharge of pollutants from any ocean outfall constructed with Federal assistance under this Act if such pollutants have received primary or more advanced treatment. Provides that such permits shall not be effective after December 31, 1993. Authorizes appropriations to the Administrator to make such grants for FY 1985 and succeeding fiscal years.
Bill· HRH.R. 5316 (98th)referred
United States · United States Congress · 2 April 1984
Terminates certain pesticide regulation authority of the Administrator of the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (formerly subject to congressional veto), unless the exercise of such authority is approved by an enactment of Congress within 180 days after enactment of this Act.
Bill· SS. 2513 (98th)referred
United States · United States Congress · 30 March 1984
Amends the Safe Drinking Water Act (title XIV of the Public Health Service Act) to add new part F provisions for the regulation of underground storage tanks containing substances other than hazardous waste. Defines "hazardous substances," for purposes of part F, as: (1) any substance defined under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA), but not including substances regulated as hazardous wastes under the Solid Waste Disposal Act; (2) petroleum, including oil or any fraction thereof; and (3) natural gas liquids or gas liquids, except that the term "gas liquids" does not include propane or butane having in the container an absolute pressure exceeding 40 pounds per square inch absolute at 70 degrees Fahrenheit. Defines "owner or operator," "person," and "release." Defines "underground storage tank" to include underground pipes connected to such a tank, and lists the following exclusions from this term: (1) farm or residential underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) underground storage tanks used for storing heating oil for consumptive use on the premises where stored; (3) residential septic tanks; (4) pipelines regulated under the National Gas Pipeline Act of 1968, as amended; or (5) unenclosed surface impoundments, pits, ponds, lagoons, or basins. Sets forth notification and certification requirements. Requires owners of underground storage tanks used for storing hazardous substances to notify designated State or local agencies of specified information relating to such tanks. Requires owners of such tanks which are operational as of the date of enactment of this Act to provide specified information within 12 months of such enactment date. Requires owners of such tanks which are nonoperational as of such enactment date but which were operational after January 1, 1974, to supply specified information within 12 months of such enactment date. Requires owners or operators that install or bring into use an underground storage tank after the initial notification for operational tanks to notify the designated State or local agency within 30 days of installation or use. Directs the Governor of each State, within 90 days of such enactment date, to designate the appropriate State or local agencies to receive such notifications. Directs the Administrator of the Environmental Protection Agency (EPA), within 180 days of such enactment date and in consultation with designated State and local officials, to prescribe in greater detail the form and content of such notifications. Provides that, if a Governor chooses not to designate a State or local agency for such purpose, such notifications shall be submitted to the Administrator. Requires the State, if such notifications are submitted to a designated State or local agency, to compile the submitted information into a comprehensive inventory and furnish such inventory to the Administrator within 18 months of such enactment date. Directs the Administrator, or the appropriate official in a State with an approved program, to issue a certificate to: (1) the owner of each tank for which a complete and valid notification was received under specified provisions, within 30 months of such enactment date; and (2) the owner or operator of a tank installed or brought into use after the initial certification, within 30 days of notification by the owner or operator. Sets forth provisions for release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks used for storing hazardous substances, as may be necessary to protect human health and the environment. Directs the Administrator to promulgate such regulations, after opportunity for public comment and within 18 months after enactment of this Act. Requires that such regulations include requirements respecting specified areas, including: (1) valid certification; (2) leak detection or inventory systems and tank testing; (3) records of such testing, inventory, or detection; (4) reporting releases and corrective actions; (5) standards of performance for new underground tanks, including specified requirements; (6) corrective actions; (7) closure to prevent future release; and (8) evidence of financial responsibility for taking corrective action and for bodily injury and property damage to third parties. Prohibits, until the effective date of such regulations and after 180 days from the enactment of this Act, any person from installing or beginning to use an underground storage tank to store hazardous substances unless such tank is cathodically protected against corrosion, constructed of a noncorrosive material, or contained in a manner designed to prevent the release into the environment of any stored hazardous substances. Sets forth provisions relating to approval of State programs by the Administrator. Sets forth provisions relating to inspections, monitoring, and testing. Sets forth provisions for confidentiality of information, and criminal penalties for violations of such confidentiality. Requires that all information reported to, or otherwise obtained by, the EPA under this Act be made available, upon written request, to any duly authorized committee of the Congress. Sets forth provisions for Federal enforcement of requirements under this Act. Sets forth civil penalties for specified violations. Makes requirements under this Act applicable to Federal facilities. Authorizes the President to grant exemptions from such requirements upon determination that it is in the paramount interest of the United States to do so. Requires the President to report annually to Congress on such exemptions and the reasons for granting them. Provides that nothing in this Act shall preclude or deny any State or local authority to regulate more stringently underground storage tanks used to store hazardous substances. Directs the Administrator, within 36 months after the enactment of this Act, to study the following underground storage tanks exempted under the definition of "underground storage tanks: (1) farm or residential underground storage tanks of $1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; and (2) underground storage tanks used for storing heating oil for consumptive use on the premises where stored. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of the study, with recommendations as to whether or not such tanks should be subject to regulation under this Act. Authorizes appropriations to the Administrator to carry out this Act for FY 1984 through 1988. Authorizes appropriations for FY 1985 through 1988 for grants to States to assist States in implementing approved State underground storage tank programs. Includes underground storage tank regulations under provisions for judicial review of regulations under the Safe Drinking Water Act. Amends CERCLA to include under the definition of "hazardous substance" for purposes of such Act gasoline and other liquid hydrocarbons or natural gas liquids or gas liquids released or threatening to be released into ground water or subsurface soils from an underground storage tank as defined under this Act.
Bill· HRH.R. 5313 (98th)open
United States · United States Congress · 30 March 1984
Amends the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 to authorize amounts to be appropriated for FY 1985. Directs the Secretary of Transportation to: (1) study issues relating to the transportation of methanol through the interstate liquid pipeline system and make recommendations for the safe and efficient transportation of methanol through such pipeline, and report the results of the study to Congress; and (2) study the feasibility of and costs connected with requiring various methods of testing and inspecting hazardous liquid pipeline facilities subject to provisions of the Hazardous Liquid Pipeline Safety Act of 1979, and to report the results to Congress.
Bill· HRH.R. 5314 (98th)open
United States · United States Congress · 30 March 1984
Clean Air Act Reauthorization Amendments of 1984 - Amends the Clean Air Act (the Act) to establish new requirements for acid deposition control under title I (Air Pollution Prevention and Control) of the Act. 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 (EPA) 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 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. 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 bitumonous 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. Revises the Act to provide for the control of hazardous air pollutants from stationary and mobile sources. Revises title I provisions of the Act relating to stationary sources to provide for expedited listing of hazardous air pollutants. Directs the Administrator, within 90 days after enactment of this Act, to classify 35 substances into two categories for purposes of determining whether such substances are hazardous air pollutants as defined under provisions for national emission standards for hazardous air pollutants (NESHAPs). Requires that 25 substances, including each of the 22 substances listed in specified testimony of the Administrator before Congress, be classified in the first category. Requires that ten additional substances, from among the 37 substances identified to Congress on a specified date by the EPA as being in the assessment phase of the review process, be classified in the second category. Authorizes the Administrator, at any time up to 90 days before the commencement of specified determination proceedings for any substance in the second category, to substitute for that substance another substance if the Administrator determines that there is a higher priority for determining whether the substitute substance is a hazardous air pollutant. Directs the Administrator to republish the classification with a statement of the reasons for such substitution. Directs the Administrator to commence hazardous air pollutant determination proceedings concerning: (1) the 25 substances in the first category, within 90 days after enactment of this Act; and (2) the ten substances in the second category, within one year after such enactment. Requires that such proceedings include an opportunity for a public hearing. Directs the Administrator to solicit and consider the advice of the Science Advisory Board in making a determination in such proceedings. Directs the Administrator to establish a docket for such proceeding containing all relevant information and analyses in EPA's possession. Directs the Administrator to make a hazardous air pollutant determination for each substance: (1) in the first category by January 1, 1986; and (2) in the second category by January 1, 1987. Directs the Administrator, simultaneously with such determination, to include any substance determined to be a hazardous air pollutant on the required published list and to publish a list of all categories of stationary sources which emit such pollutant. Directs the Administrator, for each category of stationary sources listed as emitting a hazardous air pollutant which was classified in the first category and subsequently listed, to: (1) publish proposed national emission standards (and, if necessary, proposed interim standards) by January 1, 1987; and (2) promulgate national emission standards (and, if necessary, interim standards), by January 1, 1988. Requires, for categories of stationary sources listed as emitting hazardous air pollutants classified in the second category and subsequently listed, publication of proposed standards by January 1, 1988, and promulgation of standards by January 1, 1989. Makes requirements under this Act relating to such expedited listing of, and promulgation of standards for, hazardous air pollutants nondiscretionary duties of the Administrator, for purposes of citizen lawsuit provisions of the Act. Allows any person to bring a civil action to require the Administrator to make any classification, commence any proceeding, make any determination, list any substance, or propose or promulgate any standard in accordance with specified provisions of this Act. Provides that the notice requirement under citizen lawsuit provisions shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite its consideration of such action. Requires that a substance be treated as listed as a hazardous air pollutant until the Administrator makes a determination, if the Administrator has not made the required determination by the specified deadline. Directs a court to issue an order requiring a substance classified in the first or second category to be treated as listed as a hazardous air pollutant until the Administrator completes further proceedings, if: (1) the Administrator determines that such substance is not a hazardous air pollutant; and (2) the court reviewing such determination for any reason remands such determination to the Administrator for further proceedings. Directs the Administrator, on or before January 31, 1987, to commence hazardous air pollutant determination proceedings for each substance which: (1) has been classified, prior to January 31, 1987, by the national toxicology program as a known carcinogen or as a substance which may reasonably be anticipated to cause cancer; (2) is an air pollutant; and (3) has not been the subject of a determination under provisions of this Act for the 35 substances classified in two categories. Requires that such proceeding be completed within one year from the date required for commencement. Provides for annual hazardous air pollutant determination proceedings beginning on or before January 31, 1988, for each air pollutant which has been classified during the preceding year by the national toxicology program as a carcinogen or as one which may reasonably be anticipated to cause cancer. Requires that such proceedings be completed within one year from the date required for commencement. Revises provisions for NESHAPs. Directs the Administrator to publish and revise a list which includes each air pollutant which has been determined to be a hazardous air pollutant. Requires that such list also be revised to include the pollutants listed in accordance with the timetables established under this Act (including the pollutants listed by operation of law if the Administrator has not made a required determination by the specified deadline). Provides for emissions standards for control of hazardous air pollutants from stationary sources. Directs the Administrator to publish with the listing of a hazardous air pollutant (including a listing by operation of law) or the revision of such listing a list or revised list of all categories of stationary sources which emit such air pollutant. Requires that such list of source categories be revised whenever necessary to include all categories of stationary sources which emit any hazardous air pollutant listed. Directs the Administrator, within one year after listing a hazardous air pollutant, to publish proposed national emission standards (and, if necessary, proposed interim standards) for each category of stationary sources listed as emitting such air pollutant. Directs the Administrator, within one year after proposal of such standards, to promulgate national emission standards (and, if necessary, interim standards) for each such category of new stationary sources. Requires that such standards be established at a level which, in the Administrator's judgment, provides an ample margin of safety to protect public health. Authorizes the Administrator to also promulgate such an interim standard if a specified determination is made. Prohibits, with specified exceptions, the promulgation of any such interim standard at any time other than simultaneously with the initial promulgation of the national emission standard applicable to the emission of the hazardous air pollutant from such category of stationary sources. Prohibits revision of any such interim standard to make it less stringent after the date on which it takes effect. Allows promulgation of any such interim standard only if the Administrator determines that the national standard for such sources requires an emissions level of that hazardous air pollutant which is lower than the lowest level achievable (as determined at the date of promulgation) by the application of all potential emission reduction measures. Limits the period for which any such interim standard may remain in effect to six years after the date of the initial promulgation of the applicable national standard. Provides that any such interim standard shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures. Defines "all potential emission reduction measures" as all measures or techniques for the reduction of emissions of the hazardous air pollutant concerned, except those which the Administrator finds to be technologically infeasible at the time of the determination on the date of promulgation. Includes the use of advanced emission control technology, closed systems, or substitute raw materials, processes, or products among such measures and techniques, except those found technologically infeasible. Prohibits any such national emissions standard or interim standard applicable to the emission of any hazardous air pollutant from being less stringent than the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of proposal of the standard) by any source in the category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any permit (as of the date of proposal of the standard) applicable to any such source. Authorizes the Administrator to distinguish among classes, types, and sizes within categories of sources for purposes of establishing such national emission standards (including interim standards) for stationary sources emitting hazardous air pollutants. Directs the Administrator to revise such national standards where appropriate following periodic review. Directs the Administrator to complete a review of each such national standard within eight years from the date of promulgation, and at eight-year intervals thereafter. Directs the Administrator, within four years after enactment of this Act, to: (1) complete a review of each national emissions standard for hazardous air pollutants in effect on December 1, 1983, applicable to each hazardous air pollutant listed prior to December 31, 1983; and (2) revise the national emission standard (and if necessary promulgate an interim standard) for such hazardous air pollutant in accordance with this Act. Establishes permit requirements for new or modified sources of hazardous air pollutants. Requires such permits to be obtained from the Administrator or a delegated State prior to: (1) construction of any new stationary source which emits any hazardous air pollutant listed under the Act; or (2) modification of any existing stationary source which emits any such listed hazardous air pollutant if such modification will increase the emission of that hazardous air pollutant. Provides that such permits shall require compliance by the source with an emission limitation applicable to the hazardous air pollutant concerned which provides an ample margin of safety to protect public health. Allows an interim limitation for a specified period if such emission limitation would require an emissions level lower than the lowest level achievable by application of all potential emission reduction measures. Limits the period for which any such interim emission limitation included in a permit may remain in effect to six years after the earlier of: (1) the date of initial promulgation of a national emission standard applicable to the emission of such hazardous air pollutant from sources in the category concerned; (2) the date of the required revision to conform with this Act of such standards promulgated before the enactment of this Act; or (3) the date of issuance of the permit. Provides that each such interim limitation shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures as determined at the time of issuance of the permit. Requires that any emission limitation or interim emission limitation established in such permits and applicable to the emission of any hazardous air pollutant be at least as stringent as the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of issuance of the permit) by any source or category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any other permit (as of the date of issuance of the permit concerned) applicable to any such source. Requires that any emission limitation or interim emission limitation established in such a permit be at least as stringent as any applicable interim standard promulgated or, if no such interim standard has been established, any applicable national emission standard promulgated. Establishes permit requirements for control of hazardous air pollutants from existing stationary sources. Makes it unlawful for an owner or operator to operate an existing source without a permit one year after promulgation of a national emissions standard applicable to hazardous air pollutant emissions from sources in such category (or one year after the enactment of this Act in the case of any standard promulgated before such enactment). Sets forth provisions for standards under such existing source permits which are similar to those for new and modified source permits. Authorizes the Administrator to grant a waiver permitting an existing source a period of up to two years after the effective date of the permit requirement to comply with the requirement, upon determination that such period is necessary for the installation of controls and that steps will be taken during the waiver period to assure that the health of persons will be protected from imminent endangerment. Allows the source owner or operator, prior to expiration of such waiver period, to apply to the Governor of the State in which the source is located for an emergency extension of the waiver for up to three years from its expiration date. Authorizes the Governor, after statewide notice and opportunity for public hearing and upon making specified determinations, to petition the President to grant such extension. Requires consultation with the Governor of any other State whose residents may become exposed to such source emissions, and statewide notice and opportunity for residents of such other State to participate in the public hearing on such waiver extension. Authorizes the President, after reviewing the hearing, public comments, and any recommendations of the Governor of another State, to grant such petition if the President specifically concurs in each of the findings of the petitioning Governor. Requires publication of the President's reasons for concurring or not concurring. Directs the President to report to Congress on each extension granted. Sets forth general requirements applicable to permits under provisions for national emissions standards for hazardous air pollutants. Sets forth such permit requirements relating to: (1) monitoring; (2) administrative procedure and judicial review of issuance; (3) delegation to State permit programs; (4) revocation, renewal, and review; and (5) fees. Authorizes the Administrator to promulgate regulations under which permits may be issued by rule to one or more classes of stationary sources which emit hazardous air pollutants in small annual amounts where such sources are numerous. Sets forth conforming amendments. Revises title II provisions of the Act relating to mobile sources to establish a program for the control of motor vehicle hazardous air pollutants. Defines a "motor vehicle hazardous air pollutant" as an air pollutant emitted from a motor vehicle or motor vehicle part, whether emitted into the ambient air or the interior of the motor vehicle, which the Administrator judges to cause or contribute to air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. Directs the Administrator, within 90 days after enactment of this Act, to publish a list which includes each motor vehicle hazardous air pollutant, and to revise such list from time to time. Requires that the list include: (1) lead, ethylene dibromide, diesel particulates, and benzene; and (2) each hazardous air pollutant listed under the Act if the Administrator determines that such air pollutant is emitted from a motor vehicle or motor vehicle part. Directs the Administrator to make such determination: (1) simultaneously with the hazardous air pollutant listing; or (2) in the case of hazardous air pollutants listed before the enactment of this Act, within 180 days after such enactment. Makes requirements relating to motor vehicle hazardous air pollutants nondiscretionary duties of the Administrator for purposes of citizen lawsuit provisions. Allows any person to bring a civil action to require the Administrator to comply with any such duty. Provides that notice requirements for citizen lawsuits shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite consideration of such action. Directs the Administrator to prescribe regulations to require manufacturers of motor vehicles, motor vehicle parts, fuels, fuel additives, oil, and oil additives to report to the Administrator any pollutant which is generated in normal use of its product and which it has reason to believe may be required to be listed as a motor vehicle hazardous air pollutant. Directs the Administrator, within one year after the inclusion of any motor vehicle hazardous air pollutant on the list (except in the case of lead) to publish proposed regulations: (1) under provisions for regulation of fuels and fuel additives respecting the substance concerned; or (2) (if it is technologically infeasible to achieve the objective of controlling a motor vehicle hazardous air pollutant under provisions for regulation of fuel or fuel additives) under provisions for new motor vehicles or engines establishing an emission standard for such pollutant. Directs the Administrator, within 180 days after publication of proposed regulations for establishing an emission standard for any motor vehicle hazardous air pollutant, to prescribe an emission standard applicable to the emission of such air pollutant from new motor vehicles and engines. Requires that such standard be established at a level which the Administrator judges to provide an ample margin of safety to protect public health. Sets forth provisions for interim standards for motor vehicle hazardous air pollutants which are similar to provisions for interim standards for stationary source hazardous air pollutants under this Act. Provides that, with specified exceptions, any new motor vehicle or engine emission standard established for a motor vehicle hazardous air pollutant shall become effective beginning with the second model year which commences after the model year in which such standard is promulgated. Requires that such regulations for emission standards for control of diesel particulate emissions establish standards which are at least as stringent as the following: (1) not more than 0.2 grams per mile (gpm) for model years 1986 and 1987 light-duty vehicles; (2) not more than 0.26 gpm for model years 1986 and 1987 light-duty trucks; (3) not more than 0.08 gpm for model years 1988 and after light- duty vehicles and light-duty trucks; and (4) not more than 0.25 grams per brake horsepower-hour for model years 1989 and after heavy-duty vehicles and engines. Directs the Administrator, within 180 days after publication of proposed regulations for any motor vehicle hazardous air pollutant which is a fuel or fuel additive, to prescribe a rule controlling or prohibiting the manufacture, introduction into commerce, offering for sale, or sale of such substance. Directs the Administrator to promulgate regulations prohibiting the use of lead or lead additives in gasoline after December 31, 1986. Revises title III general provisions of the Act to authorize appropriations for FY 1985 through 1990 to the Administrator to carry out the Act. Provides that nothing in this Act or in any amendment made by this Act authorizes appropriations for any research or development.
Bill· HRH.R. 5296 (98th)open
United States · United States Congress · 29 March 1984
Terminates the authority of the Administrator of the Environmental Protection Agency or any other Federal official (formerly subject to congressional veto) to promulgate regulations under title I (Hazardous Substances Releases, Liability, Compensation) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, unless the exercise of such authority is approved by an enactment of Congress within 180 days after enactment of this Act.
Bill· HRH.R. 5249 (98th)referred
United States · United States Congress · 27 March 1984
Amends the Solid Waste Disposal Act to require any person selling a hazardous waste site to provide certain notice to the purchaser.
Bill· HRH.R. 5186 (98th)referred
United States · United States Congress · 20 March 1984
Amends the Solid Waste Disposal Act to permit any State to regulate the transportation of solid waste into that State for purposes of storage or disposal there. Permits such State to discriminate in any manner (including the amount of tax, fee, or charge on such importation, storage, or disposal) against solid waste which is imported from any other State. Provides that this Act shall not apply to waste listed or identified under hazardous waste management provisions of such Act.
Bill· HRH.R. 5157 (98th)referred
United States · United States Congress · 15 March 1984
Amends the Marine Protection, Research, and Sanctuaries Act to authorize appropriations for FY 1985 and 1986 for administering title I of such Act. Authorizes either the Administrator of the Environmental Protection Agency or the Secretary of the Army, in order to recover certain program costs, to collect an additional fee as a condition for issuing or maintaining an ocean dumping permit for dredged or certain other materials. States that such fee does not apply to other Federal agencies. Requires that the fee charged to non-Federal entities for disposal of dredged material be equal to the total cost of the dredged material program attributable to such entities.
Bill· SS. 2421 (98th)referred
United States · United States Congress · 13 March 1984
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) to include (by removing an exclusion) under the definition of "hazardous substance" for purposes of CERCLA response and liability provisions: petroleum (including crude oil) and natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Includes (by removing an exclusion) under the definition of "pollutant or contaminant" for purposes of CERCLA response authorities: petroleum (including crude oil) and natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas). Sets forth a regulatory program with standards for underground storage tanks. Directs the Administrator, within 12 months after the enactment of this Act, to promulgate regulations establishing performance standards applicable to owners and operators of underground storage tanks used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons, in order to prevent releases into the environment for the operational life of the tank. Provides that such regulations shall apply only to underground storage tanks located on property used primarily for commercial or governmental purposes. Directs the Administrator to distinguish in such standards between requirements for new tanks and those for tanks already in existence. Sets forth requirements which must be included in such standards. Authorizes the Administrator to implement such standards through: (1) the promulgation of regulations made effective in accordance with specified hazardous waste management provisions of the Solid Waste Disposal Act; or (2) the establishment of a permit program, if necessary. Provides that such permits may be required for any person or category of persons who stores any hazardous substance, including gasoline or any other liquid hydrocarbon, in an underground storage tank located on property primarily used for commercial or governmental purposes. Provides that specified provisions of the Solid Waste Disposal Act shall apply to the program and requirements established under this Act in the same manner as such provisions apply to the hazardous waste regulatory program under such Act. Provides that the failure or refusal of an owner or operator of any underground storage tank to provide to a supplier of any hazardous substance, including gasoline or any other liquid hydrocarbon, appropriate evidence of compliance with standards established under this Act shall constitute a defense to any enforcement action brought under any other authority of law to require such supplier to deliver any such substance to such tank. Sets forth criminal penalties for persons who knowingly commit material violations or omissions with respect to requirements established by the Administrator under the regulatory program established by this Act, if such violation or omission results in a release or threatened release of any hazardous substance, including gasoline or other liquid hydrocarbon, from an underground storage tank. Authorizes appropriations for FY 1985 through 1987 to carry out this regulatory program. Provides that up to 50 percent of such appropriations in any such fiscal year may be used to make grants to States for development and implementation of State programs to carry out this regulatory program. Directs the Administrator, within one year after the enactment of this Act, to conduct a study regarding underground storage tanks which are located on residential property and used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to Congress on the results of such study, with recommendations on whether such tanks on residential property should be subject to requirements under this regulatory program.
Bill· HRH.R. 5109 (98th)referred
United States · United States Congress · 13 March 1984
Expresses the sense of Congress that the Department of Transportation, in exercising its authority to exempt from preemption State and local laws, should permit State and local governments greater authority to restrict the transportation of hazardous (especially nuclear) materials. Directs the Secretary of Transportation to report to Congress, not later than one year after the date of enactment of this Act, on proposed new routes for the transportation of hazardous materials through rural areas and areas less populated than those through which such materials are currently transported.
Bill· SS. 2407 (98th)referred
United States · United States Congress · 12 March 1984
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) ("Superfund") to establish certain requirements with respect to hazardous substances released from Federal facilities. Authorizes the Administrator of the Environmental Protection Agency to enter into specified interagency agreements with any Federal agency. Directs the Administrator, in addition to undertaking response action, to take action under CERCLA against any Federal agency in the same manner and to the same extent as against a nongovernmental entity, unless such an interagency agreement is reached within specified time periods. Sets forth procedures for interagency agreements and emergency actions applicable to Federal agencies under CERCLA. Directs the Administrator to establish a special Federal Agency Hazardous Waste Compliance Docket. Directs the Administrator to report annually to Congress on: (1) progress in reaching interagency agreements; (2) cost estimates and budgetary proposals involved; (3) public comments regarding each proposed agreement; and (4) instances in which no agreement has been reached, including an explanation of why no agreement was reached. Authorizes citizen lawsuits under CERCLA against: (1) any person (including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any requirement which has become effective pursuant to CERCLA; or (2) the Administrator where there is an alleged failure to perform any non-discretionary act or duty under CERCLA. Sets forth requirements relating to such citizen lawsuits, which are to be brought in the appropriate U.S. district court. Directs the President, within 90 days after the enactment of this Act, to publish a schedule for including on the national priority list under CERCLA any federally owned or operated facilities which present a risk or danger to public health or welfare or the environment. Provides that such facilities shall be included on such list in the same manner and subject to the same criteria as facilities which are owned or operated by other persons.
Bill· HRH.R. 5084 (98th)open
United States · United States Congress · 8 March 1984
Hazardous Air Pollutants Amendments Act of 1984 - Title I: - Amends the Clean Air Act ("the Act") to provide for the control of hazardous air pollutants from stationary and mobile sources. Provides for expedited listing of hazardous air pollutants. Directs the Administrator of the Environmental Protection Agency (EPA), within 90 days after enactment of this Act, to classify 35 substances into two categories for purposes of determining whether such substances are hazardous air pollutants as defined under provisions for national emission standards for hazardous air pollutants (NESHAPs). Requires that 25 substances, including each of the 22 substances listed in specified testimony of the Administrator before Congress, be classified in the first category. Requires that ten additional substances, from among the 37 substances identified to Congress on a specified date by the EPA as being in the assessment phase of the review process, be classified in the second category. Authorizes the Administrator, at any time up to 90 days before the commencement of specified determination proceedings for any substance in the second category, to substitute for that substance another substance if the Administrator determines that there is a higher priority for determining whether the substitute substance is a hazardous air pollutant. Directs the Administrator to republish the classification with a statement of the reasons for such substitution. Directs the Administrator to commence hazardous air pollutant determination proceedings concerning: (1) the 25 substances in the first category, within 90 days after enactment of this Act; and (2) the ten substances in the second category, within one year after such enactment. Requires that such proceedings include an opportunity for a public hearing. Directs the Administrator to solicit and consider the advice of the Science Advisory Board in making a determination in such proceedings. Directs the Administrator to establish a docket for such proceeding containing all relevant information and analyses in EPA's possession. Directs the Administrator to make a hazardous air pollutant determination for each substance: (1) in the first category by January 1, 1986; and (2) in the second category by January 1, 1987. Directs the Administrator, simultaneously with such determination, to include any substance determined to be a hazardous air pollutant on the required published list and to publish a list of all categories of stationary sources which emit such pollutant. Directs the Administrator, for each category of stationary sources listed as emitting a hazardous air pollutant which was classified in the first category and subsequently listed, to: (1) publish proposed national emission standards (and, if necessary, proposed interim standards) by January 1, 1987; and (2) promulgate national emission standards (and, if necessary, interim standards), by January 1, 1988. Requires, for categories of stationary sources listed as emitting hazardous air pollutants classified in the second category and subsequently listed, publication of proposed standards by January 1, 1988, and promulgation of standards by January 1, 1989. Makes requirements under this Act relating to such expedited listing of, and promulgation of standards for, hazardous air pollutants nondiscretionary duties of the Administrator, for purposes of citizen lawsuit provisions of the Act. Allows any person to bring a civil action to require the Administrator to make any classification, commence any proceeding, make any determination, list any substance, or propose or promulgate any standard in accordance with specified provisions of this Act. Provides that the notice requirement under citizen lawsuit provisions shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite its consideration of such action. Requires that a substance be treated as listed as a hazardous air pollutant until the Administrator makes a determination, if the Administrator has not made the required determination by the specified deadline. Directs a court to issue an order requiring a substance classified in the first or second category to be treated as listed as a hazardous air pollutant until the Administrator completes further proceedings, if: (1) the Administrator determines that such substance is not a hazardous air pollutant; and (2) the court reviewing such determination for any reason remands such determination to the Administrator for further proceedings. Directs the Administrator, on or before January 31, 1987, to commence hazardous air pollutant determination proceedings for each substance which: (1) has been classified, prior to January 31, 1987, by the national toxicology program as a known carcinogen or as a substance which may reasonably be anticipated to cause cancer; (2) is an air pollutant; and (3) has not been the subject of a determination under provisions of this Act for the 35 substances classified in two categories. Requires that such proceeding be completed within one year from the date required for commencement. Provides for annual hazardous air pollutant determination proceedings beginning on or before January 31, 1988, for each air pollutant which has been classified during the preceding year by the national toxicology program as a carcinogen or as one which may reasonably be anticipated to cause cancer. Requires that such proceedings be completed within one year from the date required for commencement. Revises provisions for NESHAPs. Directs the Administrator to publish and revise a list which includes each air pollutant which has been determined to be a hazardous air pollutant. Requires that such list also be revised to include the pollutants listed in accordance with the timetables established under this Act (including the pollutants listed by operation of law if the Administrator has not made a required determination by the specified deadline). Provides for emissions standards for control of hazardous air pollutants from stationary sources. Directs the Administrator to publish with the listing of a hazardous air pollutant (including a listing by operation of law) or the revision of such listing a list or revised list of all categories of stationary sources which emit such air pollutant. Requires that such list of source categories be revised whenever necessary to include all categories of stationary sources which emit any hazardous air pollutant listed. Directs the Administrator, within one year after listing a hazardous air pollutant, to publish proposed national emission standards (and, if necessary, proposed interim standards) for each category of stationary sources listed as emitting such air pollutant. Directs the Administrator, within one year after proposal of such standards, to promulgate national emission standards (and, if necessary, interim standards) for each such category of new stationary sources. Requires that such standards be established at a level which, in the Administrator's judgment, provides an ample margin of safety to protect public health. Authorizes the Administrator to also promulgate such an interim standard if a specified determination is made. Prohibits, with specified exceptions, the promulgation of any such interim standard at any time other than simultaneously with the initial promulgation of the national emission standard applicable to the emission of the hazardous air pollutant from such category of stationary sources. Prohibits revision of any such interim standard to make it less stringent after the date on which it takes effect. Allows promulgation of any such interim standard only if the Administrator determines that the national standard for such sources requires an emissions level of that hazardous air pollutant which is lower than the lowest level achievable (as determined at the date of promulgation) by the application of all potential emission reduction measures. Limits the period for which any such interim standard may remain in effect to six years after the date of the initial promulgation of the applicable national standard. Provides that any such interim standard shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures. Defines "all potential emission reduction measures" as all measures or techniques for the reduction of emissions of the hazardous air pollutant concerned, except those which the Administrator finds to be technologically infeasible at the time of the determination on the date of promulgation. Includes the use of advanced emission control technology, closed systems, or substitute raw materials, processes, or products among such measures and techniques, except those found technologically infeasible. Prohibits any such national emissions standard or interim standard applicable to the emission of any hazardous air pollutant from being less stringent than the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of proposal of the standard) by any source in the category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any permit (as of the date of proposal of the standard) applicable to any such source. Authorizes the Administrator to distinguish among classes, types, and sizes within categories of sources for purposes of establishing such national emission standards (including interim standards) for stationary sources emitting hazardous air pollutants. Directs the Administrator to revise such national standards where appropriate following periodic review. Directs the Administrator to complete a review of each such national standard within eight years from the date of promulgation, and at eight-year intervals thereafter. Directs the Administrator, within four years after enactment of this Act, to: (1) complete a review of each national emissions standard for hazardous air pollutants in effect on December 1, 1983, applicable to each hazardous air pollutant listed prior to December 31, 1983; and (2) revise the national emission standard (and if necessary promulgate an interim standard) for such hazardous air pollutant in accordance with this Act. Establishes permit requirements for new or modified sources of hazardous air pollutants. Requires such permits to be obtained from the Administrator or a delegated State prior to: (1) construction of any new stationary source which emits any hazardous air pollutant listed under the Act; or (2) modification of any existing stationary source which emits any such listed hazardous air pollutant if such modification will increase the emission of that hazardous air pollutant. Provides that such permits shall require compliance by the source with an emission limitation applicable to the hazardous air pollutant concerned which provides an ample margin of safety to protect public health. Allows an interim limitation for a specified period if such emission limitation would require an emissions level lower than the lowest level achievable by application of all potential emission reduction measures. Limits the period for which any such interim emission limitation included in a permit may remain in effect to six years after the earlier of: (1) the date of initial promulgation of a national emission standard applicable to the emission of such hazardous air pollutant from sources in the category concerned; (2) the date of the required revision to conform with this Act of such standards promulgated before the enactment of this Act; or (3) the date of issuance of the permit. Provides that each such interim limitation shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures as determined at the time of issuance of the permit. Requires that any emission limitation or interim emission limitation established in such permits and applicable to the emission of any hazardous air pollutant be at least as stringent as the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of issuance of the permit) by any source or category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any other permit (as of the date of issuance of the permit concerned) applicable to any such source. Requires that any emission limitation or interim emission limitation established in such a permit be at least as stringent as any applicable interim standard promulgated or, if no such interim standard has been established, any applicable national emission standard promulgated. Establishes permit requirements for control of hazardous air pollutants from existing stationary sources. Makes it unlawful for an owner or operator to operate an existing source without a permit one year after promulgation of a national emissions standard applicable to hazardous air pollutant emissions from sources in such category (or one year after the enactment of this Act in the case of any standard promulgated before such enactment). Sets forth provisions for standards under such existing source permits which are similar to those for new and modified source permits. Authorizes the Administrator to grant a waiver permitting an existing source a period of up to two years after the effective date of the permit requirement to comply with the requirement, upon determination that such period is necessary for the installation of controls and that steps will be taken during the waiver period to assure that the health of persons will be protected from imminent endangerment. Allows the source owner or operator, prior to expiration of such waiver period, to apply to the Governor of the State in which the source is located for an emergency extension of the waiver for up to three years from its expiration date. Authorizes the Governor, after statewide notice and opportunity for public hearing and upon making specified determinations, to petition the President to grant such extension. Requires consultation with the Governor of any other State whose residents may become exposed to such source emissions, and statewide notice and opportunity for residents of such other State to participate in the public hearing on such waiver extension. Authorizes the President, after reviewing the hearing, public comments, and any recommendations of the Governor of another State, to grant such petition if the President specifically concurs in each of the findings of the petitioning Governor. Requires publication of the President's reasons for concurring or not concurring. Directs the President to report to Congress on each extension granted. Sets forth general requirements applicable to permits under provisions for national emissions standards for hazardous air pollutants. Sets forth such permit requirements relating to: (1) monitoring; (2) administrative procedure and judicial review of issuance; (3) delegation to State permit programs; (4) revocation, renewal, and review; and (5) fees. Authorizes the Administrator to promulgate regulations under which permits may be issued by rule to one or more classes of stationary sources which emit hazardous air pollutants in small annual amounts where such sources are numerous. Sets forth conforming amendments. Title II: Hazardous Air Pollutants from Motor Vehicles - Amends Clean Air Act provisions relating to mobile sources to establish a program for the control of motor vehicle hazardous air pollutants. Defines a "motor vehicle hazardous air pollutant" as an air pollutant emitted from a motor vehicle or motor vehicle part, whether emitted into the ambient air or the interior of the motor vehicle, which the Administrator judges to cause or contribute to air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. Directs the Administrator, within 90 days after enactment of this Act, to publish a list which includes each motor vehicle hazardous air pollutant, and to revise such list from time to time. Requires that the list include: (1) lead, ethylene dibromide, diesel particulates, and benzene; and (2) each hazardous air pollutant listed under the Act if the Administrator determines that such air pollutant is emitted from a motor vehicle or motor vehicle part. Directs the Administrator to make such determination: (1) simultaneously with the hazardous air pollutant listing; or (2) in the case of hazardous air pollutants listed before the enactment of this Act, within 180 days after such enactment. Makes requirements relating to motor vehicle hazardous air pollutants nondiscretionary duties of the Administrator for purposes of citizen lawsuit provisions. Allows any person to bring a civil action to require the Administrator to comply with any such duty. Provides that notice requirements for citizen lawsuits shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite consideration of such action. Directs the Administrator to prescribe regulations to require manufacturers of motor vehicles, motor vehicle parts, fuels, fuel additives, oil, and oil additives to report to the Administrator any pollutant which is generated in normal use of its product and which it has reason to believe may be required to be listed as a motor vehicle hazardous air pollutant. Directs the Administrator, within one year after the inclusion of any motor vehicle hazardous air pollutant on the list (except in the case of lead) to publish proposed regulations: (1) under provisions for regulation of fuels and fuel additives respecting the substance concerned; or (2) (if it is technologically infeasible to achieve the objective of controlling a motor vehicle hazardous air pollutant under provisions for regulation of fuel or fuel additives) under provisions for new motor vehicles or engines establishing an emission standard for such pollutant. Directs the Administrator, within 180 days after publication of proposed regulations for establishing an emission standard for any motor vehicle hazardous air pollutant, to prescribe an emission standard applicable to the emission of such air pollutant from new motor vehicles and engines. Requires that such standard be established at a level which the Administrator judges to provide an ample margin of safety to protect public health. Sets forth provisions for interim standards for motor vehicle hazardous air pollutants which are similar to provisions for interim standards for stationary source hazardous air pollutants under this Act. Provides that, with specified exceptions, any new motor vehicle or engine emission standard established for a motor vehicle hazardous air pollutant shall become effective beginning with the second model year which commences after the model year in which such standard is promulgated. Requires that such regulations for emission standards for control of diesel particulate emissions establish standards which are at least as stringent as the following: (1) not more than 0.2 grams per mile (gpm) for model years 1986 and 1987 light-duty vehicles; (2) not more than 0.26 gpm for model years 1986 and 1987 light-duty trucks; (3) not more than 0.08 gpm for model years 1988 and after light-duty vehicles and light-duty trucks; and (4) not more than 0.25 grams per brake horsepower-hour for model years 1989 and after heavy-duty vehicles and engines. Directs the Administrator, within 180 days after publication of proposed regulations for any motor vehicle hazardous air pollutant which is a fuel or fuel additive, to prescribe a rule controlling or prohibiting the manufacture, introduction into commerce, offering for sale, or sale of such substance. Directs the Administrator to promulgate regulations prohibiting the use of lead or lead additives in gasoline after December 31, 1986.
Bill· HRH.R. 5058 (98th)open
United States · United States Congress · 7 March 1984
Amends the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 to authorize appropriations for FY 1985 and 1986 to carry out such Acts.
Bill· SS. 2383 (98th)referred
United States · United States Congress · 1 March 1984
Amends the Clean Air Act ("the Act") to revise mobile source emissions control provisions to prohibit any individual from: (1) tampering with a pollution control device or elements of design; or (2) using leaded gasoline, or other prohibited or controlled fuels or fuel additives, in certain motor vehicles or engines. Makes such amendments effective 90 days after enactment of this Act. Provides that inspection and maintenance program requirements for nonattainment areas must include requirements that all motor vehicles which are or were equipped with an emission control device or element of design in compliance with specified regulations under the Act must have such device or element in good working order to pass the State inspection. Makes such amendment effective on January 1, 1985. Authorizes appropriations, in addition to any amount authorized under the Act, for FY 1985 to the Environmental Protection Agency (EPA) for: (1) research on the development of technology which could be used in gasoline vapor recovery and which could also reduce the possibility of the prohibited use of leaded fuel in motor vehicles and motor vehicle engines; and (2) a study on the relationship between gasoline octane levels and the performance of motor vehicles and motor vehicle engines, including recommendations for methods to assure adequate engine performance with the use of lower octane levels in unleaded gasoline and/or recommendations to increase the octane levels in unleaded gasoline. Makes it unlawful, effective 90 days after enactment of this Act, for: (1) any retailer to sell any leaded gasoline for less than the lowest price per unit at which such retailer offers unleaded gasoline sells at same retailer outlet; or (2) any refiner, distributor, or reseller to sell any leaded gasoline for less than the price per unit (for the same quantity) at which such refiner, distributor, or reseller offers unleaded gasoline at the same time under the same conditions of sale. Makes it unlawful, effective January 1, 1990, for any person to sell, offer for sale, or introduce into commerce, leaded gasoline for use as a fuel for any highway vehicle.