Environment

To amend the Clean Air Act to repeal certain emissions standards for motor vehicles which have not yet taken effect.

United States · United States Congress · 11 January 1995

Amends the Clean Air Act to make the emissions standards for model year 1995 motor vehicles applicable to all motor vehicles, in any class or category, manufactured after such model year. Repeals: (1) emissions standards for nitrogen oxides from heavy duty trucks for model years after 1997; (2) specified emissions standards for light-duty trucks for model years after 1995; and (3) requirements for a study on whether further reductions in emissions from light-duty vehicles are necessary.

Farm, Ranch, and Homestead Protection Act of 1995

United States · United States Congress · 11 January 1995

Farm, Ranch, and Homestead Protection Act of 1995 - Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior, until the Act's reauthorization, from: (1) determining that a species is an endangered or threatened species; or (2) designating a species habitat as a critical habitat. Requires the Secretary, upon the request of persons or entities other than the Federal Government, to compensate such persons or entities for the loss in market value of land that has been designated a critical habitat. Exempts Federal agencies, until the Act's reauthorization, from complying with specified requirements, including: (1) carrying out programs for the conservation of threatened and endangered species; and (2) insuring that Federal actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction of habitat.

Caribbean Basin Free Trade Agreements Act

United States · United States Congress · 11 January 1995

TABLE OF CONTENTS: Title I: Relationship of NAFTA Implementation to the Operation of the Caribbean Basin Initiative Title II: Caribbean Basin Free Trade Agreements Caribbean Basin Free Trade Agreements Act - Title I: Relationship of NAFTA Implementation to the Operation of the Caribbean Basin Initiative - Amends the Caribbean Basin Economic Recovery Act (the Act) to accord certain textile and apparel articles and certain other articles from Caribbean beneficiary countries, for a specified transition period, the same tariff and quota treatment (lower tariffs or duty-free treatment) accorded any such articles imported from Mexico under the North American Free Trade Agreement (NAFTA). (Sec. 102) Directs the President to: (1) monitor the effects, if any, that implementation of NAFTA has on the access of beneficiary countries to U.S. markets for sugars, syrups, and molasses; and (2) take or propose any actions necessary to ameliorate any adverse effects such implementation may have on them. Title II: Caribbean Basin Free Trade Agreements - Directs the United States Trade Representative (USTR) to determine the feasibility of any beneficiary countries either: (1) acceding to NAFTA and any supplemental agreements pertaining to environmental, labor, and import issues; or (2) entering into bilateral or multilateral agreements with the United States that contain provisions comparable to those contained in NAFTA, or which will achieve the objectives of the Act or the Omnibus Trade and Competitiveness Act of 1988. (Sec. 202) Authorizes the President to enter into trade agreements with beneficiary countries to provide for the elimination or reduction of any duty or trade barrier to, or other distortions of, trade with the United States. Requires the President to consult with the Congress before entering into such agreements.

Edible Oil Regulatory Reform Act

United States · United States Congress · 9 January 1995

Requires the head of any Federal agency to differentiate between fats, oils, and greases of animal, marine, or vegetable origin, and other oils and greases in issuing certain regulations.

Mahoning River Clean-up Act

United States · United States Congress · 9 January 1995

Mahoning River Clean-up Act - Authorizes the Secretary of the Army to undertake a study to assess the environmental condition of the Mahoning River in Ohio and Pennsylvania to determine the extent of environmental degradation caused by industrial pollution. Requires the Secretary to report study results to the Congress, along with a comprehensive protection plan. Authorizes the Secretary to carry out a five-year demonstration program to determine the effectiveness of promising technologies to remedy contaminated sediments in river beds. Requires priority consideration for the program's location to be given to the areas of northeast Ohio and western Pennsylvania. Authorizes appropriations.

Forschungsvorhaben in den Bereichen Umwelt und Gesundheit zu den Themen Elektrosmog, Mobilfunk und Sendeanlagen (G-SIG: 13050291)

Germany · German Bundestag · 6 January 1995

Proposal for a COUNCIL DECISION on the conclusion, on behalf of the Community, of the Convention for the Protection of the Marine Environment of the North East Atlantic

European Union · European Commission · 6 January 1995

A resolution making majority party appointments to certain Standing Committees for the 104th Congress.

United States · United States Congress · 5 January 1995

Designates the majority party membership on the following Senate committees: (1) Energy and Natural Resources; (2) Environment and Public Works; and (3) Foreign Relations.

A resolution amending Rule XXV.

United States · United States Congress · 5 January 1995

Amends rule XXV of the Standing Rules of the Senate to provide authority for a Senator who, on the date this resolution is agreed to, is serving on the Committee on Armed Services and the Committee on Environment and Public Works, to also serve as a member of the Committee on Governmental Affairs, provided that such Senator may not serve as a member of more than three of specified committees.

Comprehensive One-Call Notification Act of 1995

United States · United States Congress · 5 January 1995

Comprehensive One-Call Notification Act of 1995 - Directs the Secretary of Transportation to provide for the establishment of a nationwide toll-free telephone number to be used by State one-call (call before you dig) notification systems. Requires each State to consider whether to adopt a comprehensive statewide one-call notification program containing all elements required under this Act. Outlines required elements of the program, including prior notification of any intended excavations and its application to all excavators and underground facility operators. Provides an exception. Provides penalties for violations of the requirements of the program, as well as enforcement procedures. Directs the Secretary to make grants to States (or to operators of State notification systems) which have elected to establish and maintain a notification system with all required elements. Allows grants for alternative programs if they are at least as protective of the public health and safety and environment as a State program under this Act. Directs the Secretary to: (1) coordinate the implementation of this Act with Federal pipeline safety requirements; (2) review and report to the Congress on the achievement of the purposes of this Act; and (3) develop and make available to States a model State one-call notification program, with suggested elements. Requires each State to provide an initial and annual status reports on progress made in implementing a State program. Directs the Secretary to report annually to the Congress on accidents caused by routine railroad maintenance. Allows States to implement more protective notification systems than that required under this Act. Directs the Secretary to consult with other agencies as to the availability and affordability of technologies which will help relocate pipelines from above-ground and remote locations. Directs the Secretary to carry out a study under the vision waiver study program which would include drivers who failed to qualify under the original study program due to application time limits and the failure to learn of the program in a timely manner. Expresses the sense of the Congress that equipment and products purchased with funds made available under this Act should be American-made. Requires notification of such preference to the recipients of assistance under this Act.

To amend subtitle C of the Solid Waste Disposal Act to require the preparation of a community information statement for new hazardous waste treatment or disposal facilities.

United States · United States Congress · 5 January 1995

Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to require the preparation of a community information statement as part of the permitting process applicable to any new off-site hazardous waste treatment or disposal facility. Requires such statement to describe: (1) the effects of the proposed facility on the host community; (2) the types of waste expected to enter the facility, the types of releases expected from the facility, and the human health impacts associated with such wastes and releases; (3) the alternatives for mitigating impacts on the community; (4) the demographic characteristics of the community; (5) the presence in the community of an existing solid waste treatment, storage, or disposal facility or site in which a hazardous substance release has occurred, and the extent to which the site has been remediated; and (6) the permit applicant's compliance with State and Federal environmental regulations and laws.

To amend subtitle C of the Solid Waste Disposal Act to establish safety zones around Federal prisons in which certain facilities may not be permitted.

United States · United States Congress · 5 January 1995

Amends the Solid Waste Disposal Act to prohibit the issuance of a permit for the operation of any new off site hazardous waste incinerator or other hazardous waste treatment, storage, or disposal facility if: (1) the facility is located within a two-mile radius of the boundary of a Federal prison; and (2) an accident at such a facility could require evacuation of prisoners or nearby residents.

A bill to phase out Federal funding of the Tennessee Valley Authority.

United States · United States Congress · 4 January 1995

Amends the Tennessee Valley Authority Act of 1933 to: (1) restrict authorization of appropriations to FY 1996; and (2) prohibit appropriations for the National Fertilizer and Environmental Research Center for FY 1996. Instructs the Director of the Office of Management and Budget to submit a plan to the Congress describing: (1) the programs that should continue to be operated by TVA after FY 1996 and how they should be funded; and (2) the programs that TVA should discontinue after FY 1996.

Family Health Insurance Protection Act

United States · United States Congress · 4 January 1995

TABLE OF CONTENTS: Title I: Health Insurance Market Reform Subtitle A: Insurance Market Standards Subtitle B: Establishment and Application of Standards Subtitle C: Health Care Cost and Access Advisory Commission Subtitle D: Definitions Title II: Improving Access to Health Care Coverage Subtitle A: Coverage Under Qualified Health Plans and Premium Assistance Subtitle B: Self-Employed Health Insurance Deduction Title III: Improving Access in Rural Areas Subtitle A: Offfice of Rural Health Policy Subtitle B: Development of Telemedicine in Rural Underserved Areas Subtitle C: Rural Health Plan Demonstration Projects Subtitle D: Antitrust Safe Harbors for Rural Health Providers Title IV: Quality and Consumer Protection Subtitle A: Administrative Simplification Subtitle B: Privacy of Health Information Subtitle C: Enhanced Penalties for Health Care Fraud Subtitle D: Health Care Malpractice Reform Title V: Budget Neutrality Family Health Insurance Protection Act - Title I: Health Insurance Market Reform - Subtitle A: Insurance Market Standards - Prohibits a health plan, with specified exceptions, from denying, limiting, or conditioning its coverage (or benefits), or varying its premium, for an individual based on the health status, medical condition, claims experience, receipt of health care, medical history, anticipated need for health care services, disability, or lack of evidence of insurability. (Sec. 1002) Requires each health plan that offers coverage in the small group market or large employer market to guarantee enrollment in and renewal of (at the option of the individual or employer) such plan to each individual purchaser and employer. (Sec. 1003) Requires a health plan offering coverage in the small group market to comply with certain rating (premium rates) standards to be developed by the National Association of Insurance Commissioners (NAIC). (Sec. 1004) Requires the Secretary of Health and Human Services to establish minimum guidelines for the issuance by each State of delivery system quality standards. Sets forth such guidelines, including: (1) establishing health plan quality assurance; (2) providing consumer protection for health plan enrollees; and (3) ensuring reasonable access for vulnerable populations in underserved areas. (Sec. 1005) Requires a sponsor of a health plan to offer a benchmark benefits package which covers specified health care items and services and provides for a cost-sharing schedule. Authorizes a sponsor to offer any other health benefits package. (Sec. 1006) Requires each health plan offering coverage in the small group market in a State to participate in a risk adjustment program. Subtitle B: Establishment and Application of Standards - Prohibits any requirement or standard imposed on a health plan under this Act from preempting any State consumer protection laws unless such laws conflict with such requirement or standard. (Sec. 1012) Declares that nothing in this Act shall be construed as prohibiting States from enacting health care reform measures that exceed the measures established under this Act, including reforms that expand access to health care services, control health care costs, and enhance quality of care. (Sec. 1013) Requires the Secretary to make grants to States that submit applications that meet certain requirements for the establishment and operation of small group health insurance purchasing arrangements. Requires the Secretary in awarding such grants to consider the potential impact of the State's proposal on the cost of health insurance for the small group market and on the number of uninsured, and the need for regional variation in the award of such grants. Authorizes the use of grant funds to finance administrative costs associated with developing such arrangements. Authorizes appropriations. (Sec. 1014) Directs States to require that each health plan issued, sold, offered for sale, or operated in such State meets the insurance reform standards established under this title pursuant to an enforcement plan filed by it with, and approved by, the Secretary. Subtitle C: Health Care Cost and Access Advisory Commission - Establishes the Health Care Cost and Advisory Commission to monitor and respond to trends in national health care spending and health insurance coverage. Requires the Commission to report annually to the Congress and the President on the status of health care spending and health insurance coverage in the nation. Sec. 1023) Authorizes appropriations. Subtitle D: Definitions - Sets forth definitions. Title II: Improving Access to Health Care Coverage - Subtitle A: Coverage Under Qualified Health Plans and Premium Assistance - Part 1: Access to Qualified Health Plans - Requires States, in order to qualify for certain Federal payments, to establish a program under which a State: (1) makes available at least one qualifed health plan to each premium subsidy eligible individual residing there; and (2) furnishes premium assistance to such individual. (Sec. 2002) Requires the Secretary to issue regulations specifying requirements for State programs with respect to determining eligibility for premium assistance, including measures to prevent individuals from knowingly making material misrepresentations of information or providing false information in applications for assistance under the program. Requires a premium subsidy eligible individual who receives premium assistance to use such assistance only for payments toward the premium under a qualified State health plan. (Sec. 2011) Sets forth a formula for: (1) the amount of premium assistance for a month that a premium subsidy eligible individual shall receive; and (2) the maximum subsidy amount for a State. (Sec. 2012) Sets forth eligibility requirements for children and temporarily unemployed individuals to receive premium assistance. Part 2: Aggregate Federal Payments - Sets forth a formula for determining the amount of Federal payments to States for the payment of premium assistance under a qualified State health plan. Part 3: Definitions and Determinations of Income - Sets forth definitions. Subtitle B: Self-Employed Health Insurance Deduction - Amends the Internal Revenue Code to increase the deduction for health insurance costs of self-employed individuals from 25 percent through 1996 to 50 percent in 1997 to 75 percent in 1998 and to 100 percent in 1999 and thereafter. Title III: Improving Access in Rural Areas - Subtitle A: Office of Rural Health Policy - Amends the Social Security Act (SSA) to mandate that the Office of Rural Health Policy of the Department of Health and Human Services (HHS) be headed by an Assistant Secretary for Rural Health, who shall report directly to the Secretary. Adds as one of the duties of the Assistant Secretary that he or she advise the Secretary on reforms to the health care system and their implications for rural areas. Transfers the functions, powers, duties, and authority of the Office of Rural Health Policy to the Office of the Assistant Secretary for Rural Health. Subtitle B: Development of Telemedicine in Rural Underserved Areas - Directs the Secretary to award grants to eligible entities to expand access to health care services for individuals in rural areas through the use of telemedicine. (Sec. 3102) Directs the White House Information Infrastructure Task Force to report to the Congress an evaluation of the cost effectiveness of telemedicine, including recommendations for a coordinated Federal strategy to increase access to health care through telemedicine. (Sec. 3103) Directs the Secretary to issue regulations regarding reimbursement for telemedicine services provided under title XVIII (Medicare) of the SSA. (Sec. 3104) Authorizes appropriations. Subtitle C: Rural Health Plan Demonstration Projects - Directs the Secretary to establish not more than three demonstration projects for the designation of rural health plan areas. Subtitle D: Antitrust Safe Harbors for Rural Health Providers - Directs the Attorney General to establish, and publish in the Federal Register, policy guidelines to assist rural health care providers in complying with safe harbor requirements with respect to the provision of health care services in rural areas. Title IV: Quality and Consumer Protection - Subtitle A: Administrative Simplification - Part 1: Purpose and Definitions - Establishes a national framework for health information whose goal, through standardization of data elements, code sets, and electronic transactions, and by assuring a secure environment for the transmission and exchange of health information, is to reduce the burden of administrative complexity, paper work, and cost on the health care system, including Medicare under title XVIII and Medicaid under title XIX the SSA. Part 2: Standards for Data Elements and Information Transactions - Directs the Secretary to adopt standards for health information transactions and data elements. (Sec. 4012) Directs the Secretary to promulgate regulations specifying procedures for the electronic transmission and authentication of signatures on medical records and prescriptions. Part 3: Requirements with Respect to Certain Transactions and Information - Sets forth specified requirements with respect to certain transactions conducted by a health plan or health care provider. Part 4: Accessing Health Information - Requires the Secretary to adopt technical standards for persons to locate and access health information that is available through the health information network. Part 5: Penalties - Sets forth penalties for violations committed under this subtitle. Part 6: Miscellaneous Provisions - Mandates that any provision, requirement, or standard under this subtitle supercede any contrary provision of State law (except State provisions governing the reporting of disease or injury, child abuse, birth, or death, public serveillance, or public health investigation or intervention). (Sec. 4052) Authorizes appropriations. Subtitle B: Privacy of Health Information - Part 1: Defintions - Set forth definitions. Part 2: Authorized Disclosures - Subpart A: General Provisions - Sets forth requirements for the disclosure of protected health information by a health information trustee, or by a health care provider and person receiving such information, including a health information protection organization. Subpart B: Specific Disclosures Relating to Patient - Authorizes a health care provider, health plan, employer, or person who receives protected health information to disclose it to a health care provider for the purpose of providing health care (including emergency situations) to, or providing for the payment of such care for, an individual. Subpart C: Disclosure for Oversight, Public Health, and Research Purposes - Authorizes a health information trustee to disclose protected health information to a health oversight agency or to a health researcher. (Sec. 4117) Authorizes a health care provider, health plan, public health authority, employer, or person who receives protected health information to disclose it to a public health authority or other person authorized by law for use in: (1) disease or injury reporting; (2) public health surveillance; or (3) public health investigation or intervention. Subpart D: Disclosure for Judicial, Administrative, and Law Enforcement Purposes - Authorizes a health care provider, health plan, health oversight agency, employer, or person who receives protected health information to disclose it, (subject to a court's rules of procedure): (1) in connection with litigation where an individual's physical or mental condition is at issue; (2) in response to a court- ordered physical or mental examination; or (3) pursuant to a law requiring the reporting of specific medical information to law enforcement authorities. (Sec. 4122) Authorizes such entities or persons to disclose such information to law enforcement agencies. Subpart E: Disclosure Pursuant to Government Subpoena or Warrant - Authorizes a health care provider, health plan, health oversight agency, employer, or person who receives protected health information to disclose it pursuant to an administrative or judicial subpoena or warrant. Subpart F: Disclosure Pursuant to Party Subpoena - Authorizes a health care provider, health plan, employer, or person who receives protected health information to disclose it pursuant to a party subpoena. Part 3: Procedures for Ensuring Security of Protected Health Information - Subpart A: Establishment of Safeguards - Directs a health information trustee to establish administrative, technical, and physical safeguards to ensure the confidentiality of protected health information created or received by such trustee. Subpart B: Review of Protected Health Information By Subjects of the Information - Requires a health care provider or health plan to allow an individual who is the subject of protected health information to inspect any such information, with specified exceptions, that the provider or plan maintains. (Sec. 4142) Requires a health care provider or health plan, upon the written request of the subject individual, to correct or amend his or her protected health information. (Sec. 4143) Requires a health care provider or health plan to provide written notice of its information practices, including notice of individual rights with respect to protected health information. Part 4: Sanctions - Subpart A: Civil Sanctions - Sets forth civil penalties for violations of this subtitle. (Sec. 4152) Authorizes an individual who is aggrieved by the negligent conduct of a health information trustee to bring a civil action in court. Subpart B: Criminal Sanctions - Subjects to civil and criminal penalties any person who, in violation of this subtitle, knowingly: (1) obtains protected health information relating to an individual; or (2) discloses such information to another person. Part 5: Administrative Provisions - Sets forth provisions regarding: (1) preemption of State law with respect to the disclosure of protected health information; and (2) the rights of incompetents with respect to such information. Subtitle C: Enhanced Penalties for Health Care Fraud - Directs the Secretary to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control fraud and abuse with respect to the delivery of and payment for health care in the United States; (2) conduct investigations, audits, evaluations, and inspections relating to the delivery of and payment for such health care; (3) facilitate the enforcement of specified sections of the SSA and other applicable statutes with respect to health care fraud and abuse; and (4) provide for the modification and establishment of safe harbors, and to issue interpretative rulings and special fraud alerts. (Sec. 4201) Establishes a Health Care Fraud and Abuse Control Account which shall comprise all criminal and administrative fines imposed in cases involving a Federal health care offense. (Sec. 4202) Amends SSA title XI to provide for the application of sanctions under the Medicare and Medicaid Fraud and abuse programs for all fraud and abuse against any health plan. Subjects any person (including any organization, agency, or other entity, but excluding a beneficiary) who violates a provision of this section to a civil monetary penalty. (Sec. 4203) Directs the Secretary to establish a national health care fraud and abuse data collection program for the reporting of final adverse actions (not including settlements in which no findings of liability have been made) against health care providers, suppliers, or practitioners. (Sec. 4204) Amends Federal criminal law to subject to civil and criminal penalties any person who knowingly executes, or attempts to execute, a scheme to: (1) defraud any health plan or other person, in connection with the delivery of or payment for health care benefits or services; or (2) obtain, by false pretenses, any money or property owned by, or under the control of, any health plan, or person in connection with the delivery of or payment for such health care or services. Subtitle D: Health Care Malpractice Reform - Declares that these provisions apply to any health care liability action (except damages for vaccine-related injury or death) brought in any Federal or State court. (Sec. 4302) Requires each State to adopt an alternative dispute resolution method for the resolution of health care malpractice claims and consumer grievances. (Sec. 4303) Limits attorney contingency fees and award amounts for noneconomic damages. (Sec. 4304) Authorizes a party to a medical malpractice liability action to petition the court to instruct the trier of fact to award any future damages on an appropriate periodic basis. (Sec. 4305) Requires 50 percent of any punitive damages awarded in a medical liability action to be paid to the State in which such action is brought to carry out: (1) licensing or cretifying health care professionals and providers; (2) implementing health care quality assurance and improvement programs; (3) reducing malpractice-related costs for providers volunteering to provide services in medically underserved sreas; and (4) providing resources for additional investigation and disciplinary activites. Title V: Budget Neutrality - Prohibits any provision of this Act from taking effect until legislation is enacted which provides for its Federal budget neutrality.

Public Health Enhancement Act of 1995

United States · United States Congress · 4 January 1995

TABLE OF CONTENTS: Title I: Formula Grants for State Core Functions of Public Health Title II: Centers for Disease Control and Prevention Activities Title III: Repeals Public Health Enhancement Act of 1995 - Title I: Formula Grants for State Core Functions of Public Health - Amends the Public Health Service Act to consolidate grant programs of the Centers for Disease Control and Prevention (CDC) into formula grants to States for core functions of public health, including: (1) data collection and needs assessment; (2) environmental protection and safety of housing, workplaces, food and water, and the public health of communities; (3) investigation and control of adverse health conditions; (4) public information and education programs; (5) accountability and quality assurance; (6) provision of laboratory services; (7) training and education; and (8) leadership, policy development, and administration. Sets restrictions on the use of grant funds and limitations on administrative expenses. Requires development of a fund distribution formula which incorporates measures of population, the health status of the population, and the financial resources of the various States. Requires, under specified conditions, the reservation of portions of State allotments for Indian tribes and tribal organizations. Authorizes appropriations. Requires development of a uniform application that States shall use to apply for grants. Requires certain State assurances in applications, including State-specific descriptions of deficiencies and successes in the State's public health system. Requires the development of a Uniform Core Public Health Functions Reporting System which uses outcomes consistent with the goals of Healthy People 2000. Title II: Centers for Disease Control and Prevention Activities - Directs the Secretary of Health and Human Services, acting through the CDC Director, to submit to the President and the Congress a report containing certain information, including: (1) a description of CDC activities and recommendations for legislative changes; and (2) a description of steps taken to improve and streamline grants and contracting accountability. Requires the Secretary, through the CDC Director, to address priority public health needs of regional and national significance through the provision of training, technical assistance, applied research, and demonstration projects. Authorizes appropriations. Title III: Repeals - Repeals specified provisions of the Public Health Service Act.

Environmental Risk Evaluation Act of 1995

United States · United States Congress · 4 January 1995

Environmental Risk Evaluation Act of 1995 - Directs the Administrator of the Environmental Protection Agency to: (1) rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare; (2) evaluate the private and public costs associated with each pollution source and the costs and benefits of complying with regulations designed to protect against risks associated with such pollution; and (3) evaluate the public and private costs and benefits associated with other Federal actions with impacts on human health, the environment, or public welfare. Requires the Administrator to identify opportunities to achieve risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on health, the environment, or public welfare. Directs the Administrator to: (1) identify the major uncertainties associated with the risks and explain the meaning of the uncertainties in terms of interpreting the ranking and evaluation; and (2) determine the type and nature of research that would likely reduce such uncertainties and the cost of conducting such research. Requires the Administrator to consider and estimate the monetary and other values of the benefits associated with reducing risk to health and the environment. Establishes triennial reporting requirements with respect to rankings and evaluations and requires such reports to evaluate risk management decisions under Federal environmental laws that present inherent and unavoidable choices between competing risks. Provides for review of reports by the Science Advisory Board prior to submission.

Alaska Wetlands Conservation Credit Procedures Act of 1994

United States · United States Congress · 4 January 1995

Alaska Wetlands Conservation Credit Procedures Act of 1994 - Amends the Federal Water Pollution Control Act to provide that specified guidelines for disposal sites for the discharge of dredged and fill material into navigable waters for States with substantial conserved wetlands areas: (1) shall not include requirements or standards for mitigation to compensate for wetlands loss and adverse impacts to wetlands; (2) may include requirements or standards for minimization of such adverse impacts; and (3) may include standards or requirements for avoidance of impacts only if the discharge permit applicant is not required to establish that upland alternative sites do not exist. Directs the Secretary of the Army, acting through the Chief of Engineers and at the request of a State with substantial conserved wetlands areas, to issue general permits for such States which contain a regulatory standard for such discharges that is no greater than the standard contained in the guidelines described above. Makes the discharge of dredged or fill material in connection with the following activities exempt from regulation under related provisions governing permits: (1) airport safety in a State with substantial conserved wetlands areas and in any case necessary for public safety; (2) construction and maintenance of log transfer facilities; (3) construction of tailings impoundments utilized for treatment facilities; and (4) construction of ice pads and ice roads and for snow storage and removal purposes. Requires the Secretary to issue individual and general permits pursuant to the standards and requirements of this Act for a State with substantial conserved wetlands areas. Directs the Secretary, for permits issued for economic base lands (specified lands conveyed to or owned by Alaska Native entities or the State of Alaska), to: (1) balance the standards and policies of this Act against U.S. obligations to allow such lands to be used to create and sustain economic activity; (2) give substantial weight to the social and economic needs of Alaska Natives; and (3) account for regional differences in the abundance and value of wetlands. Requires the Secretary, for lands owned by Alaska Native villages, to issue general permits for disposition of dredge and fill material for critical infrastructure in rural villages without a determination that activities authorized by such a permit cause only minimal adverse environmental effects.

A bill to amend the Oil Pollution Act of 1990 to clarify the financial responsibility requirements for offshore facilities.

United States · United States Congress · 4 January 1995

Amends the Oil Pollution Act of 1990 to revise general financial responsibility requirements for offshore facilities. Requires responsible parties (except as provided in provisions regarding deepwater ports) to maintain financial responsibility as described by this Act with respect to offshore facilities seaward of the U.S. coastline that are used for drilling for, producing, or processing oil or that have the capacity to transport, store, transfer, or handle more than 1,000 barrels of oil at any one time. Directs the Secretary of the department in which the Coast Guard is operating to determine the amount of financial responsibility based on an assessment of the facility's risk to meet the amount of liability for oil pollution to which a responsible party could be subjected in a case in which the party would be entitled to limit liability. Requires such amount to range from $35 million to $150 million. Provides that in cases where a person is the responsible party for more than one facility, evidence of responsibility need be established only to meet the maximum liability applicable to the facility having the greatest maximum liability.

New Urban Agenda Act of 1995

United States · United States Congress · 4 January 1995

TABLE OF CONTENTS: Title I: Federal Commitment to Urban Economic Development Title II: Tax Incentives to Stimulate Urban Economic Development Title III: Community-Based Housing Development Title IV: Response to Urban Environmental Challenges Subtitle A: Environmental Cleanup Subtitle B: Environmental-Economic Recovery New Urban Agenda Act of 1995 - Title I: Federal Commitment to Urban Economic Development - Amends the Office of Federal Procurement Policy Act to require executive agencies to expend not less than 15 percent in a fiscal year for the purchase of goods from businesses located in empowerment zones, enterprise communities, or enterprise zones. Requires agencies, to the maximum extent practicable, to purchase recycled products from businesses located in such zones. (Sec. 102) Requires not less than 15 percent of foreign assistance provided in a fiscal year to be in the form of credits for the purchase of U.S. goods produced, manufactured, or assembled in such zones. (Sec. 103) Directs the Secretary of Commerce, in designating and providing financial assistance to Manufacturing Technology Outreach Centers, to give preference to centers located in such zones. (Sec. 104) Establishes a preference for the construction, improvement, or relocation of Federal facilities in distressed urban areas. Title II: Tax Incentives to Stimulate Urban Economic Development - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. (Sec. 202) Allows the rehabilitation investment credit to offset a portion of tentative minimum tax. (Sec. 203) Allows the issuance of tax-exempt facility bonds for sports facilities, convention or trade show facilities, freestanding parking facilities, air or water pollution control facilities, or industrial parks. Makes termination dates on such tax-exempt bonds inapplicable to bonds issued to finance manufacturing facilities. (Sec. 204) Increases the permitted amount of qualified small issue bonds for facilities to be used by related persons. (Sec. 205) Provides an exception to arbitrage interest rebate provisions if 100 percent of available construction proceeds are spent for governmental purposes within three years of the issuance of the tax-exempt bonds. Title III: Community-Based Housing Development - Directs the Secretary of Housing and Urban Development to report to the Comptroller General on the feasibility of consolidating existing public and low-income housing programs into a comprehensive block grant system of Federal aid. Requires the Comptroller General to report to the Congress with an analysis of such report and recommendations. (Sec. 302) Provides, subject to the approval of both the unit of general local government and the local public housing agency, for the reconstruction of public housing dwelling units on the same property on which such units were demolished or disposed, and for the relocation of displaced tenants to such new units. Title IV: Response to Urban Environmental Challenges - Subtitle A: Environmental Cleanup - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude local governments that are owners or operators of facilities in distressed urban areas from liability under such Act. Requires the President to establish standards for the degree of cleanup of hazardous substances, pollutants, and contaminants released into the environment for facilities located in distressed urban areas. Subtitle B: Environmental-Economic Recovery - Authorizes the Secretary of Energy to make no more than three loans to units of local government for distressed urban areas for the establishment of facilities to dispose of, and obtain inexpensive electrical power and steam from, solid waste. Requires a report to the Congress on the results of financing such facilities.

A resolution amending paragraph 2 of Rule XXV.

United States · United States Congress · 4 January 1995

Amends rule XXV of the Standing Rules of the Senate to change the number of Members on the following Senate Committees: (1) Agriculture, Nutrition, and Forestry; (2) Appropriations; (3) Armed Services; (4) Banking, Housing, and Urban Affairs; (5) Commerce, Science, and Transportation; (6) Energy and Natural Resources; (7) Environment and Public Works; (8) Foreign Relations; (9) Governmental Affairs; (10) Judiciary; and (11) Labor and Human Resources.

A resolution to make minority party appointments to Senate committees under paragraph 2 of Rule XXV for the One Hundred and Fourth Congress.

United States · United States Congress · 4 January 1995

Designates minority party membership on the following Senate Committees: (1) Agriculture, Nutrition, and Forestry; (2) Appropriations; (3) Armed Services; (4) Banking, Housing, and Urban Affairs; (5) Commerce, Science, and Transportation; (6) Energy and Natural Resources; (7) Environment and Public Works; (8) Finance; (9) Foreign Relations; (10) Governmental Affairs; (11) Judiciary; and (12) Labor and Human Resources.

To amend the Clean Air Act to provide for an optional provision for the reduction of work-related vehicle trips and miles traveled in ozone nonattainment areas designated as severe, and for other purposes.

United States · United States Congress · 4 January 1995

Amends the Clean Air Act to authorize a State in which all or part of a Severe ozone nonattainment area is located to submit a plan revision requiring employers in such area to implement programs to reduce work-related vehicle trips and miles by employees. (Current law requires such States to submit such revision within two years of the enactment of the Clean Air Act Amendments of 1990.) Authorizes such revision to require employers in such areas to increase average passenger occupancy per vehicle in commuting trips between home and workplace during peak travel periods. (Current law requires specified increases in average passenger occupancy.) Authorizes (currently, requires) the revision to require employers subject to a vehicle occupancy requirement to submit a compliance plan.

To amend the Clean Air Act to prohibit the Environmental Protection Agency from promulgating a Federal Implementation Plan prior to the disapproval of State implementation plan revisions required pursuant to the Clean Air Act Amendments of 1990, and for other purposes.

United States · United States Congress · 4 January 1995

Amends the Clean Air Act to provide that nothing in such Act shall be construed to authorize or require the Administrator of the Environmental Protection Agency to promulgate or enforce an implementation plan pursuant to any court order or settlement based upon requirements in effect prior to the enactment of the Clean Air Act Amendments of 1990 until the Administrator has disapproved State implementation plan revisions in accordance with the Clean Air Act Amendments of 1990.

Federal Facilities Clean Water Compliance Act of 1995

United States · United States Congress · 4 January 1995

Federal Facilities Clean Water Compliance Act of 1995 - Amends the Federal Water Pollution Control Act to waive immunity of the United States with respect to Federal, State, interstate, and local requirements, administrative authorities, sanctions, and penalties concerning water pollution control. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. Permits the imposition of civil penalties or the issuance of compliance orders against Federal agencies determined to be in violation of specified water pollution control or permit requirements. Authorizes the suspension or revocation of permits. Provides for the deposit of penalties into a fund to be used for water remediation and other restorative and preventive projects at Federal facilities. Includes Federal agencies within the definition of "person" for purposes of such Act.

Flow Control Act of 1995

United States · United States Congress · 4 January 1995

Flow Control Act of 1995 - Authorizes a State or qualified political subdivision to exercise flow control authority for municipal solid waste, incinerator ash, and construction or demolition debris generated within its boundaries if, before May 15, 1994, such entity: (1) adopted a law, regulation, or legally binding provision that contains such authority and directs the waste, ash, or debris to a waste management facility designated before such date or identifies the use of waste management methods; and (2) committed to the designation of a facility for such methods. Authorizes such an entity to exercise such authority for its voluntarily relinquished recyclable materials generated within its boundaries. Establishes similar authority for States and subdivisions that meet such requirements after this Act's enactment. Provides that laws, regulations, or legally binding provisions that implement flow control authority shall be considered to be a reasonable regulation of commerce. Permits such authority with respect to recyclable materials only if: (1) the generator or owner of the materials voluntarily made the materials available to the State or subdivision and relinquished any rights to, or ownership of, such materials; and (2) the State or subdivision assumes such rights or ownership. Allows such authority with respect to solid waste or recyclable materials only if the State or subdivision establishes a program to separate or divert recyclable materials for purposes of recycling, reclamation, or reuse. Makes such condition inapplicable in certain cases. Establishes additional conditions on the exercise of flow control authority, including requirements that: (1) such authority is necessary to meet current or anticipated waste management needs; (2) revenues derived from the exercise of such authority are devoted primarily to solid waste management services; and (3) States and subdivisions implement a competitive designation process with respect to waste management facilities or facilities for recyclable materials. Retains the applicability of certain existing laws and contracts and considers such laws and contracts to be a reasonable regulation of commerce.

Clean Air Flexibility Act of 1995

United States · United States Congress · 4 January 1995

Clean Air Flexibility Act of 1995 - Directs the Administrator of the Environmental Protection Agency to revise, update, and republish the guidance for States for motor vehicle inspection and maintenance programs required by the Clean Air Act, taking into consideration investigations and audits of such programs. Authorizes the guidance to be incorporated into State implementation plans. Requires States, within two years of the promulgation of regulations relating to emission control diagnostics, to submit revisions to programs to meet prescribed requirements. Provides that the rule regarding vehicle inspection and maintenance programs published in the Federal Register on November 5, 1992, shall cease to be effective. Authorizes States with implementation plans that contain provisions for enhanced vehicle inspection and maintenance programs to submit, revise, or amend such plans within one year of publication of the Administrator's guidance. Amends the Clean Air Act to authorize (currently, requires) States to comply with the Administrator's guidance for enhanced vehicle inspection and maintenance programs in Serious, Severe, and Extreme nonattainment areas. Permits (currently, requires) specified minimum elements to be included in such programs.

Solid Waste Compact Act of 1995

United States · United States Congress · 4 January 1995

Solid Waste Compact Act of 1995 - Amends the Resource Conservation and Recovery Act to require States to submit solid waste disposal plans to the Environmental Protection Agency (EPA) for approval. Authorizes States to enter into compacts to provide for the establishment and operation of regional solid waste disposal facilities. Prohibits a compact from restricting the use of such facilities to solid waste generated in the compact region before January 1, 1997, and before the Congress consents to such compact. Requires a compact to provide that every five years after such compact has taken effect the Congress may withdraw its consent. Directs EPA to: (1) identify alternative management programs for the control of solid waste and publish technical guidance regarding the implementation of such programs; and (2) publish information that a State or compact must provide to EPA, together with requirements for facilities, if such programs are pursued as alternatives to traditional solid waste management.

Tennessee Valley Authority Power Privatization Act of 1994

United States · United States Congress · 4 January 1995

Tennessee Valley Authority Power Privatization Act of 1994 (sic) - Directs the President to develop and transmit to the Congress a plan for transferring, by sale or otherwise, all real property, facilities, and equipment of the Tennessee Valley Authority (TVA) to appropriate public and private entities. Requires such plan to provide for transfer: (1) by sale of TVA power generation facilities and equipment; (2) by sale of National Fertilizer and Environmental Research Center facilities and equipment; and (3) of TVA's jurisdictional authority over real property as well as of TVA functions unrelated to power generation to appropriate Federal departments and agencies. Terminates the TVA after the completion of such transfers.

To deem the Florida Panther to be an endangered species under the Endangered Species Act of 1973.

United States · United States Congress · 4 January 1995

Deems the Florida panther to be an endangered species for purposes of the Endangered Species Act of 1973.

Mineral Exploration and Development Act of 1995

United States · United States Congress · 4 January 1995

TABLE OF CONTENTS: Title I: Mineral Exploration and Development Title II: Environmental Considerations of Mineral Exploration and Development Title III: Abandoned Minerals Mine Reclamation Fund Title IV: Administrative and Miscellaneous Provisions Mineral Exploration and Development Act of 1995 - Title I: Mineral Exploration and Development - Sets forth guidelines for mineral exploration on public domain lands. Declares that holders of mining claims executed under this Act have the exclusive right of possession and use of the claimed land for mineral activities. (Sec. 103) Prescribes rules for mining claim location and use of public land surveys. Provides for administrative adjudication of conflicting claims. Mandates a specified location fee for every unpatented mining claim located after the date of enactment of this Act. (Sec. 104) Subjects existing unpatented mining claims, mill sites, and tunnel sites to the provisions of this Act ("converted mining claims"). (Sec. 105) Sets forth certain annual claim maintenance fees. Mandates that all monies received from such fees be deposited into the Abandoned Locatable Minerals Mine Reclamation Fund (established under this Act). (Sec. 106) States that failure to comply with the requirements of this Act shall be deemed conclusively to constitute forfeiture of the mining claim. (Sec. 107) Prescribes procedural guidelines for: (1) contesting a mining claim on the basis of discovery; and (2) demonstrating the continued sufficiency of a mining claim. Title II: Environmental Considerations of Mineral Exploration and Development - Directs the Secretary of the Interior, and for National Forest System lands the Secretary of Agriculture (the Secretaries), to require that mineral activities on Federal lands be conducted in a manner that minimizes adverse impacts to the environment. Prescribes surface management guidelines for the granting of both an exploration and an operations permit. Requires applications for such permits to contain both an operations plan and a reclamation plan, and evidence of financial assurances. Limits an operations permit to a ten-year term (subject to renewal). (Sec. 205) Declares persons in violation of this Act ineligible for permits. Sets as a prerequisite to the issuance of any permit evidence of financial assurance payable to the United States for all lands to be affected by the mineral activities described in the permit application. (Sec. 207) Mandates that lands subject to mineral activities be restored to a condition capable of supporting their prior uses, or to other beneficial uses which conform to applicable land use plans. Sets forth reclamation standards applicable to mineral exploration. (Sec. 208) Declares that State standards for reclamation, bonding, inspection, and water or air quality which either meet or exceed Federal standards shall not be construed as inconsistent with this Act. Permits cooperative agreements between the States and the Secretary. Prohibits the Secretary from delegating authorities or responsibilities conferred under this Act to any State or its political subdivision. (Sec. 209) Requires the Secretaries, in preparing land use plans, to determine those areas deemed unsuitable for certain mineral activities. Requires withdrawal of such areas from mineral exploration and development. Title III: Abandoned Locatable Minerals Mine Reclamation Fund - Establishes the Abandoned Locatable Minerals Mine Reclamation Fund (the Fund) to be administered by the Secretary of the Interior acting through the Director of the Office of Surface Mining Reclamation and Enforcement for the reclamation and restoration of land and water resources adversely affected by past minerals activities on certain public lands. (Sec. 303) Restricts reclamation expenditures to Federal or Indian land and water resources that traverse or are contiguous to Federal or Indian lands where such resources have been affected by past mineral activities. Authorizes appropriations. (Sec. 306) Subjects to a royalty scheme of eight percent of the net smelter return the production of locatable minerals (or mineral concentrates or products derived from locatable minerals) from any mining claim under this Act. Title IV: Administrative and Miscellaneous Provisions - Subtitle A: Administrative Provisions - Amends the Mining and Minerals Policy Act of 1970 and the National Materials and Minerals Policy Research and Development Act of 1980 to direct the Secretary of Agriculture to implement minerals policy and actions to improve availability and analysis of mineral data in Federal land use decision making for National Forest System lands. (Sec. 402) Authorizes the Secretaries to establish and collect user fees to reimburse the United States for expenses incurred in administering this Act. (Sec. 403) Prescribes procedural guidelines for the publication of an application for an operations permit and public participation requirements. (Sec. 404) Instructs the Secretaries to: (1) inspect mineral activities to ensure compliance with surface management requirements; and (2) require all operators to maintain a monitoring and evaluation system to identify compliance with them. Authorizes citizen suits to enforce compliance. (Sec. 406) Prescribes procedural guidelines for administrative and judicial review of agency actions. (Sec. 407) Sets forth enforcement guidelines and civil and criminal penalties for non-compliance. Subtitle B: Miscellaneous Provisions - Provides transitional rules for: (1) new and preexisting claims; (2) claims that have not been converted; (3) contest proceedings; and (4) oil shale claims. (Sec. 413) Adjusts the dollar amounts established under this Act to a certain inflation formula. (Sec. 417) Prohibits the issuance after January 4, 1995, of patents for vein, lode, placer, and mill site mining claims unless certain administrative requirements are met. (Sec. 418) Declares that the Multiple Minerals Development Act, and certain other Federal law, apply to all mining claims located or converted under this Act. (Sec. 419) Amends Federal law to subject all mineral materials deposits to disposal under the terms of the Materials Act of 1947 (eliminating the concept of uncommon varieties). Renames specified Federal : s: (1) the Surface Resource Act of 1955; and (2) the Materials Act of 1947. Repeals the Building Stone Act and the Saline Placer Act. (Sec. 420) Declares this Act applicable to Federal lands that are used for beneficiation or processing activities for any mineral regardless of Federal title to the mineral. (Sec. 421) Requires recipients of funds under this Act to comply with the "Buy American Act." Expresses the sense of the Congress that such funds should be used to purchase only American-made equipment and products. Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "made in America" label to a product that is not U.S.-made. (Sec. 423) Declares that court-awarded compensation for a Federal taking under the Fifth Amendment of the Constitution shall be paid from the Fund. Directs the Secretary of the Interior to submit an annual report to the Congress describing the percentage of each mining claim held by a foreign firm.

National Park System Reform Act of 1995

United States · United States Congress · 4 January 1995

TABLE OF CONTENTS: Title I: National Park System Plan Title II: New Area Establishment National Park System Reform Act of 1995 - Title I: National Park System Plan - Requires the Secretary of the Interior, acting through the Director of the National Park Service, to prepare and submit to specified congressional committees a National Park System Plan to guide the direction of the System into the next century. Directs the Secretary to review the existing System to determine whether there are more appropriate alternatives for managing specific units within the System and to develop a report containing a list of areas where National Park Service management should be modified or terminated. Establishes a National Park System Review Commission to make and report such determinations if the Secretary fails to transmit the report within a specified time period. Makes inapplicable to reports required under title I provisions of the National Environmental Policy Act of 1969. Title II: New Area Establishment - Removes certain reporting requirements concerning additional areas for the National Park System. Directs the Secretary to submit to specified congressional committees an annual list of areas recommended for study for potential inclusion in the System. Bars the initiation of any study of the potential of an area for inclusion in the System after this Act's enactment, except by specific authorization by an Act of the Congress. Requires studies to be completed within three fiscal years of the enactment date of legislation providing for a study. Directs the Secretary to submit an annual list of areas which have been studied previously which contain primarily cultural or historical resources and areas which contain primarily natural resources in numerical order of priority for addition to the System.

Imposing certain restriction and requirements on the leasing under the Outer Continental Shelf Lands Act of lands offshore Florida, and for other purposes.

United States · United States Congress · 4 January 1995

Prohibits the Secretary of the Interior from permitting oil and gas development activities in specified parts of the Eastern Gulf of Mexico Planning Area, the Straits of Florida Planning Area, and the South Atlantic Planning Area, unless: (1) certain environmental studies and assessments have been completed; and (2) the Secretary has certified to the Congress that specified environmental information has been obtained which adequately enables the Secretary to implement his or her Federal stewardship of the environment with a minimal level of uncertainty. Prohibits the Secretary from conducting any: (1) oil or gas development activity under the Outer Continental Shelf Lands Act in a specified part of the Eastern Gulf of Mexico Planning Area; or (2) preleasing activity or lease sale in the three above-mentioned Planning Areas for a specified period. Mandates specified assessments and studies of the Areas addressed by this Act. Establishes the Joint Federal-State Outer Continental Shelf Task Force to request additional studies and surveys as needed to minimize the uncertainty about the effects of preleasing, leasing, and exploration activities. Subjects the first exploration plan submitted after the date of enactment of this Act to the requirements of detailed environmental impact statements. Authorizes appropriations.

Public Health Pesticides Protection Act of 1995

United States · United States Congress · 4 January 1995

Public Health Pesticides Protection Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to consider the risks and benefits of public health pesticides separately from the risks and benefits of other pesticides. Requires the Administrator, in weighing any regulatory action concerning a public health pesticide, to weigh any risks of the pesticide against the health risks to be controlled by the pesticide. Defines: (1) a "public health pesticide" as a minor use pesticide registered for use and used predominantly in public health programs for vector control or other health protection uses; and (2) "vector" as any animal capable of transmitting the causative agent of human disease or of producing human discomfort or injury. Exempts from reregistration fees public health pesticides of which more than 50 percent of usage (or at least 50 percent in the case of certain end use products) is devoted to the promotion of public health. Provides for expedited processing and review of pesticide applications that propose the initial or amended registration of an end use pesticide that, if registered as proposed, would be used as a public health pesticide. Provides for review by the Secretary of Health and Human Services of registrations of public health pesticides proposed for cancellation. Directs the Administrator to identify pests of significant public health importance and to implement programs to improve and facilitate the safe use of methods to combat such pests. Requires the Administrator to consult with the Secretary prior to taking final action to suspend or cancel a registration. Directs the Administrator to determine whether the potential benefits of continued use of a pesticide for public health purposes are of such significance as to warrant studies to support continued registration. Requires the Secretary to make arrangements for the conduct of studies and submission of data. Authorizes appropriations.

Fort Carson-Pinon Canyon Military Lands Withdrawal Act

United States · United States Congress · 4 January 1995

Fort Carson-Pinon Canyon Military Lands Withdrawal Act - Withdraws from appropriation under public land, mining, mineral, geothermal leasing, and mineral materials disposal laws, and reserves for military use by the Army, specified lands at the Fort Carson Military Reservation and Pinon Canyon Maneuver Site (both in Colorado). Requires the Secretary of the Army to manage such lands for military purposes covered by this Act and to authorize their use by other U.S. military agencies. Directs the Secretary, with the concurrence of the Secretary of the Interior, to develop a management plan for such reserved and withdrawn lands. Terminates such land withdrawals and reservations 15 years after enactment of this Act. Requires the Secretary of the Army to: (1) decontaminate relinquished lands (but authorizes the Secretary of the Interior to refuse to accept lands if such decontamination is not practicable or economically feasible, if the lands cannot be decontaminated sufficiently to allow them to be opened to the operation of the public land laws, or if insufficient funds are appropriated for the purpose of decontaminating the lands); (2) if the Secretary of the Interior declines to accept jurisdiction of lands proposed for relinquishment under such provision or determines that some of the lands withdrawn by this Act are contaminated to an extent that prevents opening the contaminated lands to operation of the public land laws, warn the public of risks of entry, conduct only decontamination activities on such lands after the expiration of the withdrawal, and make a status report to the Secretary of the Interior and to the Congress; and (3) maintain a program of decontamination of the lands withdrawn by this Act at least at the level of effort carried out during FY 1992, subject to specified limitations. Directs that the United States be held harmless and not liable for any injuries or damages to persons or property suffered in the course of any mining, mineral activity, or geothermal leasing activity conducted on lands comprising the Fort Carson Reservation or Pinon Canyon Maneuver Site, including liabilities to non-Federal entities under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or the Solid Waste Disposal Act. Authorizes appropriations.

State and Local Government Interstate Waste Control Act of 1995

United States · United States Congress · 4 January 1995

State and Local Government Interstate Waste Control Act of 1995 - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator, effective January 1, 1996, from receiving out-of-State municipal solid waste for disposal or incineration unless the owner or operator of the landfill or incinerator obtains authorization (as part of a host community agreement) from the affected local government. Requires owners or operators to make specified information regarding the facility available prior to seeking such authorization. Authorizes State Governors, unless inconsistent with a host community agreement, to limit the quantity of out-of-State waste received at landfills and incinerators that received documented shipments of such waste in 1993 to an annual amount equal to the quantity received in 1993. Permits State Governors, unless inconsistent with a host community agreement, to prohibit the disposal of such waste at landfills and incinerators that received such waste in 1993 if the waste is generated in a State determined to have exported more than the following amounts of waste to landfills or incinerators not covered by host community agreements: (1) 3.5 million tons in 1996; (2) 3 million tons in 1997 and 1998; (3) 2.5 million tons in 1999 and 2000; (4) 1.5 million tons in 2001 and 2002; and (5) 1 million tons in 2003 and thereafter. Establishes limitations on waste exports to landfills or incinerators not covered by host community agreements. Makes the prohibition on the disposal of out-of-State municipal solid waste inapplicable to landfills and incinerators that received documented shipments of such waste during 1993, except as otherwise provided. Prohibits landfills or incinerators from receiving out-of-State waste in the absence of a host community agreement if the operating permit or license for the facility was denied or revoked. Permits the receipt of such waste without an authorization from the affected local government if the waste is generated within, and the landfill or incinerator is located within, the same bi-State level A metropolitan statistical area that contains two contiguous major cities located in different States. Authorizes both of the States affected by the Supreme Court decision in Oregon Waste Systems, Inc. v. Department of Environmental Quality to collect cost recovery surcharges, subject to limitations, on the combustion or disposal of out-of-State waste. Permits States to establish limits on the amount of out-of-State construction and demolition waste disposed at landfills.

Safe Drinking Water Act Amendments of 1994

United States · United States Congress · 4 January 1995

Safe Drinking Water Act Amendments of 1994 - Amends the Safe Drinking Water Act (SDWA) to direct the Administrator of the Environmental Protection Agency (EPA) to publish a proposed list of at least 15 contaminants that may occur in public water systems and that are not currently subject to regulation. Provides for proposed lists of at least 12 additional contaminants every four years. (Current law requires EPA to regulate 25 contaminants every three years.) Authorizes a waiver of the requirement to select an additional 12 contaminants after 2010 if the Administrator determines that the number of unregulated contaminants meeting criteria is fewer than 12. (Sec. 3) Directs the Administrator, in selecting unregulated contaminants, to select those that present the greatest public health concern, taking into consideration effects upon subgroups of the population that are at greater health risk. Bases the determination to regulate a contaminant on findings that: (1) the contaminant is known to occur in public water systems; (2) the contaminant occurs in concentrations which may have adverse health effects; and (3) regulation of the contaminant presents an opportunity to reduce health risks. Requires the Administrator to promulgate maximum contaminant level goals (MCLGs) and national primary drinking water regulations for contaminants to be regulated. Authorizes the Administrator to publish health advisories or take other actions for contaminants not subject to regulations. Directs the Administrator, as part of a study of health effects of contaminants for regulatory purposes, to examine methods for identifying subpopulations that may be impacted by such contaminants. Authorizes appropriations. Requires the Administrator to publish an MCLG and a national primary drinking water regulation for cryptosporidium for public water systems serving 10,000 persons or more. Authorizes States with primary enforcement responsibility for public water systems (primacy) to establish alternatives to filtration requirements for systems having uninhabited, undeveloped watersheds in consolidated ownership and access to, and activities in, such watersheds if the public health will be protected by such alternatives. Terminates such authority three years after this Act's enactment. Removes a provision requiring national primary drinking water regulations to take effect 18 months after promulgation. Directs States with primacy to adopt corresponding State regulations. Requires compliance within 36 months of promulgation unless additional time is necessary for capital improvements. (Sec. 4) Directs the Administrator, for any national primary drinking water regulation proposed and promulgated after this Act's enactment, to consider, in the case of nonthreshold contaminants, the likely incremental compliance costs and the incremental public health risk reduction benefits afforded by alternative levels. Permits such cost and benefit consideration for threshold contaminants. Makes such consideration inapplicable to the first promulgation or initial revision after such enactment date with respect to regulations for: (1) contaminants covered by proposed regulations for radionuclides; (2) sulfate; and (3) contaminants covered by specified proposed negotiated rules on disinfectants and disinfection by-products and enhanced surface water treatment (bars such consideration for promulgation of second stage regulations of such contaminants as well). Applies cost and benefit consideration to contaminants regulated prior to this Act's enactment date or subsequent revisions of regulations for those contaminants initially exempted by this section only if changes in technology, treatment techniques, or other means permit greater protection of health. Authorizes the Administrator, if greater protection is not achievable, to initiate a new rulemaking or retain existing regulations. Requires the Administrator to promulgate a national primary drinking water regulation for radon. Provides for the review of national primary drinking water regulations at least once every five (currently, three) years. (Sec. 5) Requires the Administrator, concurrently with the promulgation of a national primary drinking water regulation establishing: (1) a maximum contaminant level (MCL), to promulgate a listing of the best technology or other means available for achieving compliance for large water systems and for systems serving between 3,300 and 10,000 persons and 3,300 or fewer, respectively; and (2) a treatment technique for a contaminant, to promulgate a listing of such technology for achieving a level of protection of public health equivalent to that provided by treatment for large systems and systems in such size ranges. (Sec. 6) Expands the list of requirements States must meet to maintain primacy to require States to take measures to protect the distribution system from contamination due to leakage from sewage lines. Directs the Administrator to promulgate a regulation to govern the recycling of filter backwash water within the treatment process of a public water system. (Sec. 7) Adds to the list of requirements a State must meet to maintain primacy that a State implements requirements for the certification of laboratories conducting tests and for operators of community and nontransient noncommunity public water systems. Requires the Administrator to promulgate regulations specifying minimum standards for certification programs. (Sec. 10) Grants variances from best technology requirements to allow systems serving 3,300 persons or fewer to use best available affordable technology (BAAT) under certain conditions. Limits such variances to five years but provides for renewals under certain conditions. Prohibits variances for microbiological contaminants. (Sec. 11) Sets the maximum exemption period for public water systems serving fewer than 3,300 persons at four years if the State has primacy and determines that: (1) the system cannot meet the MCL or install BAAT due to compelling economic or other circumstances; (2) the system could not comply with the MCL through the use of alternate water supplies; (3) the granting of the exemption will provide a drinking water supply that protects public health; and (4) the State has examined the capability of the system to comply and determined if management or restructuring changes can be made that will result in compliance or improve water quality. Provides for renewals under certain conditions. Prohibits exemptions for microbiological contaminants. (Sec. 12) Directs the Administrator to issue guidelines for State programs to bring systems into, and to maintain, compliance. Provides for State programs to assure viability of public water systems. Sets forth restrictions on funding to small systems that have a history of monitoring violations. Bars financial assistance to any system established after this Act's enactment date unless the State has an effective operating permit program or means to ensure that the system has the management and technical capacity and financial capability to maintain compliance. Requires States to establish programs for assessing the long-term technical, managerial, and financial capability of community and nontransient noncommunity systems serving fewer than 10,000 persons that are in violation of requirements or in jeopardy of noncompliance. Restricts State revolving fund (SRF) assistance to States that fail to implement viability assessments or programs. (Sec. 13) Directs the Administrator to publish guidance for States with primacy for public water systems to carry out source water assessment programs. Makes systems eligible for monitoring relief upon completion of assessments in delineated areas. Requires the Administrator to conduct a demonstration project to demonstrate the most effective and protective means of assessing and protecting source waters serving large metropolitan areas and located on Federal lands. Directs States to submit source water petition programs to the Administrator. Authorizes such petitions to request States to assist in, or redirect resources to, addressing the origins of contaminants that are not adequately addressed by the wellhead protection or other programs. (Sec. 14) Authorizes States with primacy to modify the monitoring requirements for regulated chemical pesticide contaminants, polychlorinated biphenyls, dioxin, and certain unregulated Phase II and V contaminants for public water systems serving fewer than 3,300 persons during an interim relief period if: (1) monitoring for a contaminant fails to detect its presence in groundwater or surface water supplying the systems; and (2) the State determines that the contaminant is unlikely to be detected by further monitoring. Terminates interim monitoring relief when permanent monitoring relief is approved or 36 months after this Act's enactment, whichever comes first. Authorizes States with primacy that have approved wellhead protection and source assessment programs to adopt tailored alternative monitoring requirements for systems where such monitoring would comply with the Administrator's guidelines. Requires such programs to be adequate to assure compliance with, and enforcement of, national primary drinking water regulations. Makes alternative monitoring inapplicable to regulated microbiological contaminants, disinfectants and disinfection by-products, or corrosion by-products. Directs the Administrator to issue guidelines for States to follow in proposing alternative requirements to the standardized monitoring framework for chemical contaminants. Requires alternative monitoring programs to apply on a contaminant-by-contaminant basis and provides that systems must show that a contaminant is not present in the water supply or, if present, it is below the MCL. (Sec. 15) Makes Federal agencies owning or operating facilities in wellhead protection areas, engaged in activities that may result in the contamination of water supplies, or owning or operating any public water system subject to Federal, State, interstate, and local requirements to the same extent such requirements apply to others. Waives immunity otherwise applicable to the United States with respect to substantive or procedural requirements. Absolves Federal employees of liability for civil penalties in connection with acts or omissions related to such requirements, but subjects them to criminal sanctions. Exempts Federal agencies from criminal sanctions. Authorizes the President to exempt any Federal agency in the executive branch from compliance with a requirement. Requires all funds collected by a State from penalties from the Federal Government to be used only for projects to improve or protect the environment or to defray the costs of environmental protection or enforcement unless a State law requires the funds to be used differently. (Sec. 16) Increases the maximum penalty for failures to comply with orders issued in response to emergency situations where contaminants pose an imminent and substantial endangerment to public health. (Sec. 17) Imposes penalties on system owners or operators who fail to report violations of MCLs or treatment techniques. (Sec. 18) Requires the Administrator to enter into agreements with States to make capitalization grants to be deposited in State drinking water treatment revolving funds. Permits such funds to be used only for providing financial assistance to public water systems for expenditures that will facilitate compliance with national primary drinking water regulations. Allocates 15 percent of amounts in such funds solely for loan assistance to systems which regularly serve fewer than 10,000 persons. Permits assistance to systems not owned by governmental agencies, nonprofit organizations, or Indian tribes based on public health and financial needs and repayment ability. Sets forth requirements for agreements, including that no financial assistance will be provided to a public water system if expenses could be avoided or significantly reduced by consolidation of such system with another system. Authorizes the Administrator to make grants for public water system expenditures to Indian tribes and Alaskan Native villages which are ineligible for funding under this section. Requires the Administrator to make allotments for the District of Columbia and specified U.S. territories for public water systems. Authorizes the State of Virginia to demonstrate alternative approaches to intergovernmental coordination to assist in the financing of new drinking water facilities in specified rural communities in southwestern Virginia that are experiencing economic hardship. Authorizes appropriations. Authorizes the Administrator to provide technical assistance to small systems to enable such systems to maintain compliance with national primary drinking water regulations. Authorizes appropriations. Extends the authorization of appropriations for grants for State public water system supervision programs. (Sec. 20) Requires the Administrator to review and revise the list of unregulated contaminants for which monitoring is required every five years. Limits such list to a maximum of 40 contaminants. (Sec. 21) Directs the Administrator to maintain a national drinking water occurrence data base, using monitoring data on the occurrence of both regulated and unregulated contaminants in public water systems. (Sec. 22) Provides that failure of a State to abide by a guideline shall not be a basis for the State's loss of primacy. Authorizes the Administrator to reduce grants otherwise available to a State under the SRF program if the State fails to abide by a guideline. (Sec. 23) Authorizes administrative penalties for specified violations. (Sec. 24) Directs the Administrator to issue guidelines to assist systems in assessing the conditions to return water from a system used for heat pumps and similar devices to the distribution system of the public water system. (Sec. 25) Requires the Administrator to publish guidelines for water conservation plans for systems serving fewer than 3,300 persons, between 3,300 and 10,000 persons, and more than 10,000 persons. Permits States with primacy to require public water systems to submit water conservation plans as a condition of receiving grants or loans. (Sec. 26) Directs the Administrator to promulgate regulations containing a health effects based performance standard establishing minimal leaching levels of lead from new submersible pumps anticipated to be used in domestic water wells. Applies such standard to new pumps manufactured for, or first introduced into, interstate commerce after the effective date of the regulation. Sets a minimum standard that shall not allow lead concentration in drinking water to increase by more than 15 parts per billion when in prolonged contact with the pump. Waives such regulation requirement if pumps are anticipated to comply with voluntary standards that are at least as protective. Requires the Administrator to determine whether new submersible pumps which convey drinking water and contain brass alloys containing at least .2 percent lead are being manufactured for, or first introduced into, interstate commerce. Prohibits the Administrator from promulgating regulations under this section if such pumps are not being manufactured or introduced into interstate commerce. Directs the Administrator to determine if: (1) voluntary standards for new plumbing fittings manufactured for or introduced into interstate commerce which convey drinking water have been developed that are at least as protective of human health so as not to cause lead concentration in drinking water to increase by more than 15 parts per billion when in prolonged contact with the fitting; and (2) such fittings can be anticipated to comply with such standards within five years of enactment. Requires the Administrator to promulgate a health effects based performance standard establishing minimal leaching levels from such fittings if such voluntary standards have not been developed. Imposes penalties upon persons who manufacture such pumps or plumbing fittings or introduce them into interstate commerce in violation of such requirements. Requires the Federal Trade Commission to: (1) conduct an investigation into the veracity of claims that devices manufactured, sold, or distributed in commerce for use in single and multi-family residences will improve the quality of drinking water or eliminate or reduce the level of drinking water contaminants; and (2) take action to ensure that such claims are consistent with the Federal Trade Commission Act. (Sec. 27) Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, after the Administrator promulgates a national primary drinking water regulation for a contaminant, to issue a regulation for that contaminant in bottled water or make a finding that a regulation is not necessary to protect the public health because the contaminant is not present in bottled water. Requires the relevant MCL or treatment technique for the contaminant in bottled water to be as stringent or protective as that for the contaminant in drinking water systems. Makes the drinking water regulation the standard for bottled water if the Secretary fails to establish a regulation. (Sec. 28) Directs the Administrator to: (1) enter into an agreement with the National Academy of Sciences to conduct a study of the human health effects of arsenic, subject to the availability of appropriations; and (2) promulgate a national primary drinking water regulation for arsenic. (Sec. 31) Authorizes appropriations to carry out the SDWA for eight fiscal years.

Flow Control Act of 1995

United States · United States Congress · 4 January 1995

Flow Control Act of 1995 - Authorizes a State or qualified political subdivision to exercise flow control authority for municipal solid waste, incinerator ash, and construction or demolition debris generated within its boundaries if, before May 15, 1994, such entity: (1) adopted a law, regulation, or legally binding provision that contains such authority and directs the waste, ash, or debris to a waste management facility designated before such date or identifies the use of waste management methods; and (2) committed to the designation of a facility for such methods. Authorizes such an entity to exercise such authority for voluntarily relinquished recyclable materials generated within its boundaries. Establishes similar authority for States and subdivisions that meet such requirements after this Act's enactment. Provides that laws, regulations, or legally binding provisions that implement flow control authority shall be considered to be a reasonable regulation of commerce. Permits such authority with respect to recyclable materials only if: (1) the generator or owner of the materials voluntarily made the materials available to the State or subdivision and relinquished any rights to, or ownership of, such materials; and (2) the State or subdivision assumes such rights or ownership. Allows such authority with respect to solid waste or recyclable materials only if the State or subdivision establishes a program to separate or divert recyclable materials for purposes of recycling, reclamation, or reuse. Makes such condition inapplicable in certain cases. Establishes additional conditions on the exercise of flow control authority, including requirements that such authority is necessary to meet current or anticipated waste management needs, revenues derived from the exercise of such authority are devoted primarily to solid waste management services, and States and subdivisions implement a competitive designation process with respect to waste management facilities or facilities for recyclable materials. Retains the applicability of certain existing laws and contracts and considers such laws and contracts to be a reasonable regulation of commerce. Prohibits political subdivisions from exercising flow control authority to direct the movement of municipal solid waste to any waste management facility for which a Federal permit was denied twice before the enactment of this Act.

Superfund Reform Act of 1995

United States · United States Congress · 4 January 1995

TABLE OF CONTENTS: Title I: Community Participation and Human Health Title II: State Roles Title III: Voluntary Response Title IV: Liability and Allocation Title V: Remedy Selection and Cleanup Standards Title VI: Miscellaneous Title VII: Funding Title VIII: Environmental Insurance Resolution Fund Title IX: Taxes Subtitle A: Environmental Insurance Resolution Taxes and Trust Fund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Subtitle C: Report by Environmental Protection Agency Superfund Reform Act of 1995 - Title I: Community Participation and Human Health - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to authorize the Administrator of the Environmental Protection Agency (EPA) to make technical assistance grants available to any group of individuals who may be affected by the release or threatened release of hazardous substances or pollutants at any facility on the State Registry or National Priorities List (NPL). (Sec. 101) Requires the President to provide for public participation in significant phases of response activities under CERCLA. Makes all nonprivileged information available to the public throughout all phases of the response action. Directs the President to ensure that the presentation of information on risk is unbiased and informative. (Sec. 102) Requires the President to provide the opportunity for the establishment of a representative public forum, known as a Community Working Group (CWG), to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) 50 citizens, or at least 20 percent of the population of a locality in which the NPL facility is located, petition for a CWG to be established. Authorizes CWGs to offer recommendations on the anticipated future use of land at an affected facility prior to the selection of a remedy. Establishes a Citizen Information and Access Office within each State to provide information regarding State Registry and NPL sites, citizens' rights, facility records and health data, public meetings, removal and remedial actions, and outreach activities. Authorizes Indian tribes to petition the Administrator to form a body equivalent to such Office. Directs the Administrator to submit a biennial Environmental Justice Study to the Congress. (Sec. 103) Requires the President, in setting priorities for taking remedial action, to: (1) group facilities together, even if they are not adjacent, and score them as a single facility where more than one facility on the State Registry results in hazardous substances exposures to the same population; (2) take into account the use of land or waterways for subsistence, religious, or cultural practices where such use results in additional exposures, in placing facilities on the NPL; (3) conduct interviews with persons affected by the facility and solicit their input in the hazard ranking system evaluation; and (4) place highest priority on facilities with releases of hazardous substances which result in actual ongoing human exposures at levels resulting in demonstrated adverse health effects as identified in specified health assessments. Authorizes the President to take into account any history of exposure to hazardous substances in the community regardless of the source of exposure, in placing facilities on the NPL. Requires the Administrator to: (1) evaluate major urban areas and other areas where environmental justice concerns may warrant special attention; and (2) identify five facilities in each EPA region that are, or should be, on the State Registry and that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. (Sec. 109) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 110) Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at a facility on the NPL; or (2) a release is being evaluated for inclusion on the NPL. Authorizes the ATSDR Administrator, pursuant to such grants or contracts, to provide for health services to communities affected by the release of hazardous substances. (Sec. 113) Permits the EPA Administrator to carry out a demonstration program to assist in the recruitment and training of individuals from areas affected by NPL facilities for employment in remediation activities. Encourages parties conducting response actions under CERCLA to have their contractors train minorities and other disadvantaged persons from the affected community in remediation skills. Title II: State Roles - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require: (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) response actions at non-federally owned or operated NPL facilities or removal actions at any facility proposed for listing on the NPL. Sets forth requirements for State enforcement and allocation of liability. (Sec. 202) Prohibits funding to States for response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay 15 percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. (Sec. 206) Directs the Administrator to study the feasibility of authorizing States to use their own laws to carry out CERCLA in lieu of the Federal program under such Act. (Sec. 207) Authorizes States to apply to the Administrator to exercise the Administrator's authorities with respect to response actions at Federal facilities. Bases approval of transfer of authorities in part on a State's hazardous waste program authorization under the Solid Waste Disposal Act. Continues the existing limitations on transfers of authority from the Administrator to any other person under provisions regarding Federal facilities. Title III: Voluntary Response - Directs the Administrator to establish a program to provide assistance to States to establish and expand voluntary response programs. (Sec. 301) Provides that no portion of a facility subject to a response action plan under a qualified State program shall be proposed for listing on the NPL so long as substantial and continual response activities are being undertaken to complete the response action in a timely fashion. Directs the Administrator to promulgate regulations describing circumstances in which States with qualified programs and the authority to issue permits under Federal environmental statutes may waive permit requirements with respect to approved voluntary response plans under certain conditions. Provides that performance of a voluntary response action shall not constitute an admission of liability under any Federal, State, or local law or regulation or in any private action. Title IV: Liability and Allocation - Authorizes the Administrator to issue administrative subpoenas to require the attendance and testimony of witnesses and production of information regarding response actions. Revises confidentiality requirements with respect to such information and applies confidentiality requirements to contractors. (Sec. 403) Absolves of liability for response actions a person who does not impede a response action or natural resource restoration to the extent liability is based solely on: (1) arrangement, transportation, or acceptance provisions relating to disposal or treatment of hazardous substances and such activities only involved municipal solid waste or sewage sludge possessed by the person and the person is the owner, operator, or lessee of residential property or a small business or small nonprofit organization; (2) such provisions and such activities involved fewer than 55 gallons of liquid materials (or 100 pounds of solid materials) containing hazardous substances, pollutants, or contaminants or such amount as the Administrator may determine; (3) ownership or operation of a vessel or facility and the person is a bona fide prospective purchaser of the facility; (4) ownership and the person acquired the facility by inheritance after disposal of the hazardous substances took place, did not contribute to the release, and exercised due care with respect to such substances; (5) ownership by a Federal, State, or local entity of a road or other right-of-way (other than railroads) over which hazardous substances are transported or on the granting of a license or a permit to conduct business; or (6) actions of a Federal agency in response to a natural disaster. Makes persons who are solely liable under arrangement, transportation, or acceptance provisions regarding disposal or treatment of hazardous substances liable for no more than ten percent of total response costs if such activities only involved municipal solid waste or sewage sludge. Applies such limitation to the aggregate liability of all persons involved. Applies such limitation only if acts or omissions giving rise to liability occurred before the date 36 months after enactment of this Act or the person asserting the limitation participates in a qualified household hazardous waste collection program. Limits the liability of persons who do not impede the performance of a response action or natural resource restoration with respect to a release to the lesser of the fair market value of a vessel or facility or the actual proceeds of the sale of the vessel or facility subject to certain conditions. Provides that a person who owns or operates real property contiguous to property on which there has been a release of a hazardous substance and that may be contaminated shall not be considered an owner or operator, for liability purposes, if such persons: (1) exercised due care with respect to such substance; (2) took precautions against foreseeable acts or omissions that resulted in the release; and (3) did not cause or contribute to the release and provides access to persons authorized to conduct response actions. Authorizes the President to issue assurances of no enforcement action to such person and grant such person protection against cost recovery and contribution actions. Grants the United States a lien, subject to certain conditions, on any facility for which the prospective purchaser is not liable for unrecovered response costs. Provides that no lien shall arise with respect to property: (1) for which the property owner preceding the first bona fide prospective purchaser is not liable or has resolved liability; or (2) where an audit required by an environmental professional gives the purchaser no reason to know of the release of hazardous substances. (Sec. 404) Directs the Administrator to calculate the EPA response action oversight costs for which potentially responsible parties (PRPs) are liable on a national basis as a percentage of total response costs incurred by PRPs (the national oversight rate). Limits the rate to ten percent of total response costs incurred by all PRPs. Provides that when the President responds at facilities on the NPL, liability for pollutants and contaminants shall be identical to that for hazardous substances only if such pollutants and contaminants: (1) constitute an imminent and substantial danger to human health; and (2) are not associated with the production or extraction of any hydrocarbon. Prohibits liability based solely on a person's construction activities at a facility if a person can demonstrate that the activities were carried out in accordance with a contract with the owner or operator and the person is a small business construction contractor. (Sec. 405) Revises contribution provisions to require an action by a PRP against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction of the remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 406) Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States. Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 408) Provides that response action contractors shall not be liable solely as a result of testing or implementation of alternative or innovative treatment or containment technologies with respect to a response action if use of the technology has been approved by the authorized Federal or State regulatory agency. (Sec. 409) Requires consent decrees pursuant to settlements to require the parties to attempt expeditiously to resolve disagreements concerning implementation of the remedial action informally with Federal and State agencies. Requires such decrees to contain stipulated penalties for violations in an amount of up to $25,000 per day. Waives certain conditions to expand the scope of eligibility for de minimis settlements. Authorizes the Administrator, if a PRP will be paying amounts to the President as part of a settlement for carrying out a response action, to accept ownership of a financial instrument running irrevocably to the benefit of the United States to conduct such response actions. (Sec. 411) Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the remedial action does not provide any hazardous substances will remain at the facility at concentrations above the protective concentration levels established after completion of the final action; (3) the agreement has been reached prior to the commencement of litigation against the settling party; (4) the settling party waives all contribution rights against other PRPs at the facility; (5) the settling party pays a premium that compensates for the risks of remedy failure, unanticipated increases in the cost of any uncompleted action (unless the party is performing the action), and the U.S. litigation risk with respect to persons who have not resolved liability to the United States unless the settlement covers 100 percent of U.S. response costs; and (6) the settlement is otherwise acceptable to the United States. Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. (Sec. 412) Adds the following to the list of conditions that a PRP must meet in order to be eligible for an expedited settlement: (1) liability must be based solely on provisions regarding arrangement, transportation, or acceptance of municipal solid waste or sewage sludge for treatment or disposal; and (2) the PRP must be a natural person, small business, or a municipality that has demonstrated a limited ability to pay response costs. (Sec. 413) Directs the Administrator to initiate the allocation process under this Act for each nonfederally owned facility on the NPL that involves two or more PRPs: (1) for which the President selects a remedial action on or after February 3, 1994; and (2) for any such action selected before such date if requested by a PRP which has resolved liability to the United States with respect to the remedial action. Authorizes the Administrator to initiate such process for any facility involving two or more PRPs. Makes the allocation process inapplicable to a facility: (1) for which there has been a final settlement, decree, or order that determines all liability or allocated shares of PRPs; or (2) at which all of the PRPs are facility owners or operators. Authorizes the Administrator to initiate a single allocation process for more than one facility. Places a moratorium on the commencement or continuation of liability claims or recovery actions in connection with responses for which allocation is required until 90 days after the issuance of the allocator's report. Sets forth requirements concerning the allocation process, including those for the notification of PRPs and determinations regarding de minimis parties. Provides that de minimis parties that are potentially liable but entitled to expedited settlements shall not be subject to the allocation process unless they fail to settle with the President within 30 days of the offer. Requires the allocation parties to select an allocator from a list provided by the Administrator or from candidates proposed by the parties. Authorizes PRPs, prior to the issuance of the allocator's report, to submit a private allocation for the remedial action to the allocator. Requires the allocator to adopt such report if it meets specified conditions. Directs the allocator to conduct an allocation process culminating in the issuance of a report with a nonbinding, equitable allocation of the percentage shares of responsibility, including the orphan share, within 180 days of the issuance of the final list of parties or the date of the contract for allocation service, whichever is later. Bases allocation shares on the following factors: (1) the amount of hazardous substances contributed by each party; (2) the degree of toxicity and mobility of such substances; (3) the degree of involvement of each party in the generation, transportation, treatment, storage, and disposal of such substances; (4) the degree of care exercised by the party; (5) the cooperation of the party in contributing to the response action; and (6) other factors determined by the Administrator. Sets forth components of orphan shares. Requires shares that the allocator cannot attribute to any party to be distributed among parties, including the orphan share. Authorizes the Administrator and the Attorney General to reject the allocator's report under certain conditions. Permits settling parties to seek a new allocation if there is convincing evidence that the allocator did not have certain information when the report was issued. Includes within settlements based on allocated shares: (1) a waiver of contribution rights against all PRPs for the response action as well as a waiver of rights to challenge any settlement the President enters into with any other PRP; (2) covenants not to sue; (3) a site-specific premium that compensates for the U.S. litigation risk with respect to PRPs who have not resolved liability (unless the settlement covers 100 percent of response costs); (4) contribution protection regarding matters addressed in the settlement; and (5) provisions through which the settling parties shall receive reimbursement from Superfund for response costs incurred in excess of the aggregate of their allocated share and any premia required by the settlement. Lists maximum amounts for premia authorized for litigation risk. Permits the Administrator to modify such amounts. Authorizes the United States to commence actions against liable persons who have not resolved liability following allocation. Sets forth conditions under which a party that performs work in excess of its allocated share may be reimbursed. Limits Superfund financing for reimbursements of costs incurred by parties that are attributable to orphan shares. Authorizes appropriations. Makes Federal agencies named as PRPs subject to the allocation process to the same extent as any other party. Declares that the procedures set forth in this Act shall not be construed to modify the principles of retroactive, strict, joint, and several liability. Provides that persons who are potentially liable solely as response action contractors shall not be named as allocation parties under this section. (Sec. 414) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard. Title V: Remedy Selection and Cleanup Standards - Revises provisions regarding cleanup standards to direct the Administrator to promulgate national goals to be applied at all facilities subject to remedial action under this Act. Requires such goals to be expressed as a single numerical level for chemical carcinogens and noncarcinogens. (Sec. 501) Directs the Administrator to promulgate a national risk protocol for conducting risk assessments under CERCLA. Requires the risk protocol to be used for risk assessment underlying determinations of the need for remedial action, the establishment of protective concentration levels of chemicals, and the evaluation of remedial alternatives. Requires remedial actions to: (1) comply with substantive requirements of Federal, or more stringent State, environmental or facility siting laws; (2) attain any promulgated concentration levels applicable to determining the level of cleanup for such actions; and (3) comply with any other standard under State environmental or facility siting laws that the State demonstrates is consistently applied to remedial actions. States that a goal of this Act is to restore any contaminated groundwater or surface water that may be used for drinking water to: (1) the level of any maximum contaminant level or level goal for the hazardous substance or contaminant that has been established under the Safe Drinking Water Act; and (2) a protective concentration level that attains such goal for any other hazardous substance, pollutant, or contaminant. Requires the achievement of such goal unless the President finds that such goal is technically impracticable from an engineering perspective or, under certain conditions, unreasonably costly. Requires remedial actions for contaminated groundwater (other than that used for drinking water) to attain levels appropriate to the current or anticipated use of such water. Authorizes the President to select a remedial action that does not comply with Federal and State standards subject to certain conditions. (Sec. 502) Revises general rules for remedial actions. Directs the President, in selecting a remedy, to take into account the reasonably anticipated future uses of land at a facility. Provides certain procedures for the remediation of hot spots. Requires the President to establish cost-effective generic remedies for categories of facilities. Sets forth factors to be taken into consideration with respect to selection of response actions for groundwater. (Sec. 504) Removes a condition on the President's authority to acquire property needed to conduct a response action that requires the State in which the property is located to agree to accept transfer of the property when the action is completed. (Sec. 505) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $4 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. Requires Federal agencies, before the commencement of any non-emergency removal action, to notify the EPA and the State of the planned action and obtain, in the case of facilities listed or proposed for listing on the NPL, concurrence in the planned action from the EPA or the State. (Sec. 506) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of a removal or remedial action. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Title VI: Miscellaneous - Makes a Federal agency subject to certain actions required for Federal facilities under CERCLA, with the exception of certain reporting requirements, if the agency owned or operated a facility over which it exercised no regulatory or other control over activities that resulted in a release of a hazardous substance unless: (1) no Federal agency was the primary or sole source or cause of such release; (2) the activities resulting in the release were pursuant to statutory authority and occurred prior to 1976; and (3) the persons primarily responsible for the release are financially viable and capable of performing or financing the response action. (Sec. 605) Authorizes the use of the Superfund to pay up to 50 percent of response costs incurred by a potentially liable party in taking approved actions to achieve response after employing an alternative or innovative technology that fails to achieve the required level of response. (Sec. 606) Includes trusts, estates, or persons who hold title to a vessel or facility or are otherwise affiliated with a vessel or facility in a fiduciary capacity within the definition of "owner or operator" for purposes of determining liability under CERCLA. Limits the personal obligations and liabilities of a fiduciary to the extent to which the assets of the trust or estate are sufficient to indemnify the fiduciary, subject to certain conditions. Excludes from such definition the United States, a Federal agency, or a conservator or receiver appointed by a Federal agency which acquired ownership of a facility or vessel in connection with receivership or conservatorship and forfeiture or seizure authority, provided such entity does not participate in operations that result in a release. (Sec. 608) Directs the Administrator to establish a small business Superfund assistance section within the small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes. (Sec. 611) Requires the Administrator to study and report to the Congress on EPA procedures for suspension and debarment of persons and business entities, particularly response action contractors, and to assess the feasibility and cost of creating a nationwide data base to track such persons. (Sec. 613) Directs the Administrator to publish guidelines for a model State program for the training and certification of individuals to perform Phase I Environmental Site Assessments. Establishes the Environmental Certification Board. (Sec. 615) Revises provisions regarding the application of CERCLA to Federal agencies to make such agencies subject to all Federal, State, interstate, and local requirements regarding response actions related to, or management of, hazardous substances, pollutants, and contaminants in the same manner as such requirements apply to nongovernmental entities. Absolves Federal employees of personal liability for civil penalties under Federal or State response laws with respect to acts or omissions within their official duties. Makes such employees subject to criminal sanctions under such laws, but exempts Federal agencies from such sanctions. (Sec. 616) Increases the authorization from Superfund for worker training and education grants. (Sec. 619) Makes States eligible for reimbursement currently available to local governments for emergency response actions. (Sec. 620) Directs the Administrator to study and report to the Congress on the feasibility of instituting a small disadvantaged business goal program for all Federal contracts under CERCLA. Title VII: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2000. Title VIII: Environmental Insurance Resolution Fund - Environmental Insurance Resolution and Equity Act of 1995 - Establishes the Environmental Insurance Resolution Fund to provide for the resolution of disputes between certain PRPs and their insurers. (Sec. 805) Authorizes the Fund to decide not to make an offer unless an eligible person has filed and is actively pursuing a claim with an insurer. (Sec. 806) Requires the Fund to make resolution offers to eligible persons equal to the applicable percentage of the lesser of the eligible costs incurred by the persons or the available coverage. Describes applicable percentages based on facility location and size, litigation venues, and State. (Sec. 807) Directs eligible persons that accept Fund resolutions to waive existing and future claims against an insurer for eligible costs. (Sec. 808) Requires the Fund to make pre- and post-resolution payments to eligible persons who accept a resolution. Treats payments made by the Fund to an eligible person as payments made by an insurer. (Sec. 809) Requires the Fund, in cases where an eligible person rejects a resolution offer, litigates a claim against an insurer, and obtains a final judgment against, or enters into a settlement with, the insurer, to reimburse the insurer for the lesser of the amount of the resolution offer or the final judgment or settlement. Authorizes the Fund, in such cases, to reimburse an insurer for unrecovered reasonable costs and legal fees if the resolution offer exceeded such final judgment or settlement. (Sec. 811) Provides that this title acts as a stay of all pending litigation regarding claims for indemnity or arising from insurance coverage for eligible costs. Bars stays of litigation ten years after this Act's enactment with respect to: (1) a person that becomes an eligible person on or after such date; and (2) an eligible person that has not filed a request for a resolution offer and has not rejected an offer before such date. (Sec. 815) Directs the President to report on: (1) the potential liability of the Fund; and (2) the number of non-NPL facilities and their average cleanup cost. (Sec. 817) Terminates the Fund's authority to: (1) accept requests for resolution ten years after this Act's enactment date; and (2) offer resolutions ten years and 180 days after such date. Title IX: Environmental Insurance Resolution Taxes and Trust Fund; 5-Year Extension of Hazardous Substance Superfund - Subtitle A: Environmental Insurance Resolution Taxes and Trust Fund - Amends provisions of the Internal Revenue Code relating to environmental taxes to establish environmental insurance resolution taxes. Imposes a tax on each assessable person engaged in any trade or business that is equal to: (1) such person's adjusted base-period commercial direct premiums multiplied by the applicable direct funding rate; and (2) such person's adjusted base-period commercial reinsurance premiums multiplied by the applicable reinsurance funding rate. (Sec. 901) Sets the exemption amount for any person at $50 million. Treats participants in joint underwriting operations of insurance or reinsurance and those treated as single employers as one person and allocates the exemption amount between participants. Imposes a tax on a policy of casualty insurance against hazards, risks, losses, or liabilities in the United States or related policies of reinsurance on which premiums are written by foreign persons. Requires such tax to be equal to .50 percent of the maximum limit of liability of such persons under such policies. Sets forth conditions under which foreign persons are exempt from such tax (including cases where foreign persons may be taxed as assessable persons). Imposes a tax (on current-year premiums) equal to the direct premiums written under specified insurance policies issued against hazards, risks, losses, or liabilities within the United States multiplied by the applicable funding rate. Exempts policies related to directors and officers liability insurance, professional liability insurance, and fire insurance on residential or farm owner-occupied housing units. Sets the exemption amount for such tax at $5 million. Establishes a special withholding rule for premiums issued by foreign persons unless the income from the premiums is connected with a U.S. trade or business and is not exempt from income tax pursuant to a treaty. Imposes assessments on insurers resolving claims with the Environmental Insurance Resolution Trust Fund. Requires such assessments to be in an amount equal to an insurer's Fund-certified percentages of the direct insurance and reinsurance limits. Provides that such assessments are excise taxes and shall be imposed and collected in the same manner as other excise taxes. (Sec. 902) Establishes the Environmental Insurance Resolution Trust Fund to be composed of environmental insurance resolution taxes and amounts in the Environmental Insurance Resolution Fund established under title VIII of this Act. Makes the Trust Fund available to carry out title VIII. (Sec. 903) Exempts the Environmental Insurance Resolution Fund from income tax. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Provides for a five-year extension of Superfund. Subtitle C: Report by Environmental Protection Agency - Directs the Administrator to report annually to the Congress on the effectiveness of this Act's liability and enforcement reforms.

Oil Recycling and Safe Handling Act of 1995

United States · United States Congress · 4 January 1995

Oil Recycling and Safe Handling Act of 1995 - Amends the Solid Waste Disposal Act to revise provisions concerning the management of used oil. Directs the Administrator of the Environmental Protection Agency to list as a hazardous waste any used oil and any product derived from such oil that fails to meet certain specifications for flashpoint, lead, arsenic, chromium, cadmium, halogens, and polychlorinated biphenyls. Permits fuel containing used oil that meets specifications without treatment to be marketed as containing ingredients that are not hazardous wastes if the oil and fuel are analyzed to demonstrate compliance. Exempts used oil generated by petroleum refining or production facilities which is to be refined along with normal process streams from requirements for hazardous waste under the Solid Waste Disposal Act if it is inserted into the refining process or production pipeline. Directs the Administrator to promulgate regulations for the management of used oil classified as a hazardous waste. Exempts from such regulation generators of used oil which is household waste, curbside collection programs, and specified scrap materials. Exempts certain used oil generators and collectors from hazardous waste regulations under the Solid Waste Disposal Act (other than those under this Act) if they meet certain recycling, transportation, disposal, and recordkeeping requirements. Applies standards for hazardous waste transporters and facilities to hazardous used oil transporters and facilities. Requires hazardous used oil facilities to obtain hazardous waste management permits. Directs the Administrator to require producers and importers of lubricating base stock to guarantee the reuse of an annually increasing percentage of used lubricating oil. Requires States to provide incentives to persons who accept and collect used oil. Imposes fees on lubricating base stock sold at retail and provides for the use of such fees for State and local used oil collection efforts. Amends the Comprehensive Environmental Response, Compensation, and Liability Act to prohibit any person from bringing an action against (currently, recovering response costs or damages from) service station dealers for response costs or damages resulting from releases of used (currently, recycled) oil, subject to certain conditions.

Lender and Fiduciary Fairness in Liability Act of 1995

United States · United States Congress · 4 January 1995

Lender and Fiduciary Fairness in Liability Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to exclude from the definition of "owner or operator" (thus, protecting from individual liability) fiduciaries who hold legal title to, are the mortgagees or secured parties with respect to, control, or manage any facility or vessel at which a hazardous substance release occurred for purposes of administering an estate or trust of which such vessel or facility is a part. Provides that the liability of a fiduciary that is liable under other CERCLA provisions for releases in connection with property held in a fiduciary capacity may not exceed the assets held in such capacity that are available to indemnify the fiduciary. Provides for potential liability of fiduciaries in cases of negligence or intentional misconduct. Lists additional conditions under which fiduciaries are exempted from liability. Limits CERCLA liability of lenders in connection with property acquired through foreclosure, subject to a security interest, held by a lessor pursuant to an extension of credit, or subject to financial control pursuant to an extension of credit to the actual benefit conferred on such lenders by a removal, remedial, or response action undertaken by another party. Defines the "actual benefit" as the net gain realized by the lender due to such action. Provides for potential liability for response actions of lenders that caused or contributed to releases. Creates a rebuttable presumption that a defendant who has acquired real property has made all appropriate inquiry into previous ownership and uses of the property if he establishes that, within 180 days prior to the time of acquisition, he conducted an environmental site assessment (an assessment of the property and surrounding areas to determine the presence of contamination and which provides for review of specified records and inspections). Provides that no presumption shall arise: (1) unless the defendant has maintained a compilation of the information reviewed in the course of the assessment; or (2) if the assessment discloses contamination on the property to be acquired, unless the defendant has taken reasonable steps to confirm the absence of such contamination. Amends the Solid Waste Disposal Act to exclude fiduciaries and certain security interest holders from the definitions of "operator," "generator," and "transporter."

To amend the Solid Waste Disposal Act to exempt pesticide rinse water degradation systems from subtitle C permit requirements.

United States · United States Congress · 4 January 1995

Amends the Solid Waste Disposal Act to exempt owners or operators of pesticide rinse water degradation systems from obtaining a permit for the treatment or disposal of pesticide rinse water if the system: (1) uses evaporation and biological degradation to treat or dispose of such water; (2) contains an above-ground tank or double-walled tank that can be inspected for leaks; (3) includes a secondary containment system capable of collecting and containing any leaks from the tank; (4) does not discharge fluid; (5) is protected from rainfall; and (6) when it is dismantled or any matrix or media used in the tank is replaced, if the matrix or media contains any hazardous waste, the matrix or media is treated, stored, or disposed of in accordance with hazardous waste management requirements. Applies this Act to systems in operation as of January 1, 1987.

To delay for two years the required implementation date for enhanced vehicle inspection and maintenance programs under the Clean Air Act, to require the Administrator of the Environmental Protection Agency to reissue regulations relating to such programs, to provide for the redesignation of certain areas, and for other purposes.

United States · United States Congress · 4 January 1995

TABLE OF CONTENTS: Title I: Motor Vehicle Inspection and Maintenance Title II: Redesignation of Attainment Areas Title I: Motor Vehicle Inspection and Maintenance - Provides that States shall not be required to implement enhanced vehicle inspection and maintenance programs under provisions of the Clean Air Act pertaining to Serious, Extreme, and Severe ozone nonattainment areas and ozone transport regions before two years after this Act's enactment date. Directs the Administrator of the Environmental Protection Agency to immediately rescind regulations relating to the operation of such programs on a centralized basis and issue new regulations to allow the operation of such programs on a centralized or decentralized basis at the option of each State. Prohibits, until the Administrator carries out such requirements, the imposition of sanctions for failures by States to implement such programs or specified adverse actions against States by the Administrator or the Administrator of the Federal Highway Administration. Requires the Administrator to consider the operation of programs on a decentralized basis as equivalent to operation on a centralized basis if the State demonstrates that such equivalency is reasonable. Title II: Redesignation of Attainment Areas - Amends the Clean Air Act to provide that if a State Governor submits a redesignation of an area from nonattainment to attainment and such designation is based upon attainment of the relevant national ambient air quality standard for three consecutive years, such redesignation shall become effective immediately upon receipt by the Administrator.

Conservation Reserve Program Reform Act of 1995

United States · United States Congress · 4 January 1995

Conservation Reserve Program Reform Act of 1995 - Amends the Food Security Act of 1985 to extend: (1) the Environmental Conservation Acreage Reserve Program; and (2) the wetlands reserve program. Authorizes the Secretary of Agriculture to extend or modify conservation reserve contracts under specified circumstances. Authorizes a demonstration grant program to permit grass or legumes to be grown on reserve land. Authorizes appropriations.

To amend the Internal Revenue Code of 1986 to provide taxpayers engaged in certain agriculture-related activities a credit against income tax for property used to control environmental pollution and for soil and water conservation expenditures.

United States · United States Congress · 4 January 1995

Amends the Internal Revenue Code to allow taxpayers primarily engaged in a farming-related business an investment tax credit for a percentage of: (1) the costs of agricultural environmental property; and (2) the amount allowed as a deduction for soil and water conservation expenditures.

Job Creation and Wage Enhancement Act of 1995

United States · United States Congress · 4 January 1995

TABLE OF CONTENTS: Title I: Capital Gains Reform Title II: Neutral Cost Recovery Title III: Risk Assessment and Cost/Benefit Analysis for New Regulations Subtitle A: Risk Assessment and Communication Subtitle B: Analysis of Risk Reduction Benefits and Costs Subtitle C: Peer Review Title IV: Establishment of Federal Regulatory Budget Cost Control Title V: Strengthening of Paperwork Reduction Act Subtitle A: Authorization of Appropriations Subtitle B: Reducing the Burden of Federal Paperwork on the Public Subtitle C: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork Subtitle D: Enhancing Agency Responsibility for Sharing and Disseminating Public Information Subtitle E: Additional Government Information Management Responsibility Subtitle F: Effective Dates Title VI: Strengthening Regulatory Flexibility Title VII: Regulatory Impact Analyses Title VIII: Protection Against Federal Regulatory Abuse Subtitle A: Citizens' Regulatory Bill of Rights Subtitle B: Private Sector Whistleblowers' Protection Title IX: Private Property Rights Protections and Compensation Title X: Establishment of Federal Mandate Budget Cost Control Title XI: Taxpayer Debt Buy-Down Title XII: Small Business Incentives Job Creation and Wage Enhancement Act of 1995 - Tit: I: Capital Gains Reform - Amends the Internal Revenue Code to allow a 50 percent income tax deduction for the net capital gain of both corporate and noncorporate taxpayers. (Sec. 1002) Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. (Sec. 1003) Allows an itemized deduction for losses arising from the sale or exchange of a principal residence. Title: : Neutral Cost Recovery - Allows the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1994. Title III: Risk Assessment and Cost/Benefit Analysis for New Regulations - Subtitle A: Risk Assessment and Communication - Risk Assessment and Communication Act of 1995 - Requires the head of each Federal agency to apply specified principles when preparing risk assessments in order to assure that such assessments and all of their components distinguish scientific findings from other considerations and are scientifically objective, unbiased, and inclusive of all relevant data. (Sec. 3105) Directs such agencies to comply with specified requirements (with respect to risk estimates, exposure scenarios, comparisons, and substitution risks) in characterizing risk in any risk assessment document, regulatory proposal or decision, report to the Congress, or other document which is made available to the public. (Sec. 3106) Requires the President to: (1) issue guidelines, subject to periodic review, consistent with such risk assessment and characterization principles; and (2) provide a format for summarizing risk assessment results. Requires each Federal agency to publish a plan (including procedures for receiving and considering new information and risk assessments from the public) to review and revise any risk assessment published before a certain date if significant new information or methodologies are available that could significantly alter the results of such risk assessment; and evaluate for the Congress certain categories of policy and value judgments. Subtitle B: Analysis of Risk Reduction Benefits and Costs - Directs the President to require each executive agency to prepare specified assessments for each major rule designed to protect human health, safety, or the environment it proposes or promulgates. (Sec. 3201) Requires for any proposed or promulgated rule: (1) assessments of incremental costs and incremental risk reduction or other benefits associated with each significant regulatory alternative (SRA) considered in connection with the rule; (2) comparisons to other selected risks of any human health, safety, or environmental risks addressed by an SRA; and (3) a statement of substitution risks and other human health risks potentially posed by the SRAs. Requires for each final rule: (1) an assessment of the costs and risk reduction or other benefits associated with it, plus a certification that this assessment is based on an objective and unbiased scientific and economic evaluation of all significant and relevant information provided by interested parties; and (2) certain other certifications, including one that no statute-allowed regulatory alternative would achieve an equivalent risk reduction. Requires the head of each agency, for each such major rule, to publish its assessment information in the Federal Register. Subtitle C: Peer Review - Requires: (1) the head of each Federal agency to develop a systematic program meeting specified requirements for peer review of risk and economic assessments used by the agency for regulatory programs addressing human health, safety, or the environment; (2) each Federal agency to provide for peer review of scientific and economic information used for, among other things, evaluating certain risk assessments; and (3) the Director of the Office of Management and Budget (OMB) to order that peer review be provided for any major risk or cost assessment that may have a significant impact on public policy decisions. (Sec. 3301) Requires: (1) each Federal agency head to write a response to all significant peer review comments; and (2) all peer review comments, conclusions, and agency responses to be available to the public and part of the administrative record for judicial review purposes. Directs the President to appoint National Peer Review Panels to review annually all agency risk and cost assessment practices for programs designed to protect human health, safety, or the environment. Title IV: Establishment of Federal Regulatory Budget Cost Control - Amends the Congressional Budget Act of 1974 to require the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to jointly report to the President and the Congress on direct costs to the private sector of complying with Federal regulations. Requires such reports to be issued in five-year intervals. Provides for initial and subsequent annual reports to the President and the Congress on an aggregate regulatory baseline which is a project of the aggregate direct cost to the private sector of complying with Federal regulations for budget years and outyears. Requires a concurrent resolution on the budget to include reconciliation directives specifying changes: (1) in laws and regulations necessary to reduce, by specified percentages, such direct costs; and (2) in laws necessary to reduce, by specified percentages, personnel and administrative overhead and to achieve programmatic savings. Provides for the allocation of aggregate two-year regulatory authority among congressional committees. Requires the CBO to submit to the appropriate committees (except the Committees on Appropriations) an analysis of private sector regulatory costs for each public bill or resolution. (Sec. 4002) Requires the President's annual budget submissions to comply with reconciliation directives. (Sec. 4003) Amends the Regulatory Flexibility Act to require Federal agencies to prepare an analysis of the costs that will be incurred by small entities, other businesses, and individuals in complying with proposed agency rules. Title V: Strengthening of Paperwork Reduction Act - Paperwork Reduction Act of 1995 - Subtitle A: Authorization of Appropriations - Amends Federal law to authorize increased appropriations to the Office of Information and Regulatory Affairs (OIRA). Subtitle B: Reducing the Burden of Federal Paperwork on the Public - Amends Federal law to: (1) ensure coverage of all aspects of federally imposed paperwork burdens; and (2) revise provisions on assignment of tasks and deadlines, providing for Government-wide as well as individual agency goals of further reductions in such burdens by five percent increments each fiscal year for five fiscal years. Subtitle C: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork - Amends Federal law with respect to the authority and functions of the OMB Director and public information collection activities, among other changes providing for: (1) procedures under which an agency must estimate the burden of compliance with any proposed collection of information; (2) expedited OMB review of proposed information collection requests; and (3) protection for whistleblowers of unauthorized paperwork burden. (Sec. 5306) Revises public participation requirements with regard to the review of information collections. (Sec. 5307) Provides that upon the request of an agency head, the Director shall approve a proposed change to an existing information collection request within 30 days after receiving it. Subtitle D: Enhancing Agency Responsibility for Sharing and Disseminating Public Information - Gives the Director additional specified functions related to agency dissemination and sharing of public information. (Sec. 5402) Delineates agency responsibilities for sharing and disseminating public information. (Sec. 5403) Abolishes the Federal Information Locator System, replacing it with systems for agency inventory of information dissemination products, available for public access by electronic means at no charge. Subtitle E: Additional Government Information Management Responsibility - Revises the statistical policy and coordination functions of the OMB Director. (Sec. 5503) Requires the Director's annual report to the Congress on Federal information policy coordination activities to include certain additional information, including listings of increases in paperwork burdens. (Sec. 5504) Includes as a new automatic data processing function of the Director developing and annually revising a five-year plan for meeting the automatic data processing equipment and other information technology needs of the Federal Government. Subtitle F: Effective Dates - Sets forth the effective dates for this title. Title VI: Strengthening Regulatory Flexibility - Amends Federal civil service law to repeal the ban on judicial review of regulatory flexibility analyses and other specified applications of such law to agency actions. (Sec. 6002) Requires consideration of direct and indirect effects of rules, as well as transmittal of proposed rules and initial regulatory flexibility analysis to the Chief Counsel for Advocacy of the Small Business Administration for possible reply in the form of a statement of opposition to the proposed rule. (Sec. 6004) Expresses the sense of the Congress that such official should be permitted to appear as amicus curiae in any action or case brought in a U.S. court for the purpose of reviewing a rule. Title VII: Regulatory Impact Analyses - Administrative Procedure Reform Act of 1995 - Amends Federal civil service law to: (1) provide for rulemaking notices for major rules, including a final Regulatory Impact Analysis; (2) add hearing requirements for proposed rules; (3) extend the comments period; and (4) require the head of an agency to publish in the Federal Register responses to comments received regarding the rule. (Sec. 7004) Provides for the general application of Executive Order 12291 (relating to Federal regulation requirements and regulatory impact analysis) to each agency, with each preliminary and final Regulatory Impact Analysis required for a rule under the Order containing specified information in lieu of the information currently required. (Sec. 7005) Prohibits an agency from adopting a major rule unless the final Regulatory Impact Analysis for the rule is approved by the OMB Director or by an individual designated by the Director for that purpose. (Sec. 7006) Prohibits, to the extent practicable, the head of an agency from publishing in the Federal Register any proposed major rule, summary of a proposed major rule, or Regulatory Impact Analysis unless the OMB Director certifies that, among other things, it: (1) is written in a reasonably simple and understandable manner and is easily readable; and (2) provides adequate notice of the content of the rule, summary, or Analysis to affected and interested persons that have some subject matter expertise. (Sec. 7007) Requires the OMB Director to report to the Congress analyses of rulemaking procedures of Federal agencies and their impact on the regulated public and regulatory process. Title VIII: Protection Against Federal Regulatory Abuse - Subtitle A: Citizens' Regulatory Bill of Rights - Grants certain regulatory rights, such as the right to have an attorney or accountant present, to any person who is the target of a Federal investigative or enforcement action upon the initiation of an inspection, investigation, or other official proceeding directed against that person, except in cases where to do so would substantially delay responding to an imminent danger to person or property or substantially or unreasonably impede a criminal investigation. Subtitle B: Private Sector Whistleblowers' Protection - Private Sector Whistleblowers' Protection Act of 1995 - Outlines protection against reprisal through specified prohibited regulatory practices for disclosure of information that any person subject to Federal or certain State regulation believes is indicative of waste, fraud, or abuse. (Sec. 8208) Provides that any person with reason to believe that an agency employee has engaged in a prohibited regulatory practice may request the Special Counsel to investigate. Title IX: Private Property Rights Protections and Compensation - Entitles a private property owner to receive compensation from the United States in accordance with specified guidelines for any agency infringement or deprivation of rights with regard to their property. Prescribes procedures for obtaining such compensation. Title X: Establishment of Federal Mandate Budget Cost Control - Amends the Congressional Budget Act of 1974 to set forth reporting requirements for OMB and CBO with respect to reducing the direct costs to States and local governments of complying with Federal mandates. Requires concurrent resolutions on the budget to provide for such reductions until such costs do not exceed three percent of the estimated gross domestic product for the same fiscal year as the costs will be incurred. Requires CBO to prepare an analysis of mandated costs for States and local governments for each public bill or resolution reported in the Congress (except those from Appropriations Committees). Requires a similar analysis in the President's annual budget submissions. (Sec. 10003) Requires initial regulatory flexibility analyses for proposed rules that establish or implement new Federal mandates to contain a description of the nature and amount of monetary costs to be incurred by State and local governments. Requires Federal agencies to prepare a cost estimate and cost/benefit analysis of such mandates that would cost State and local governments at least $10 million for a fiscal year. Title XI: Taxpayer Debt Buy-Down - Amends the Internal Revenue Code to allow every individual with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. (Sec. 11002) Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt. Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. (Sec. 11003) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports. Title XII: Small Business Incentives - Amends the Internal Revenue Code to increase the unified credit against the estate tax and the unified credit against the gift tax and provide a cost-of-living adjustment for such credits. (Sec. 12002) Increases the dollar limitation on the election to expense certain depreciable business assets. (Sec. 12003) Provides qualifications for a home office as a principal place of business for purposes of the deductibility of expenses.

Community Solvency Act of 1995

United States · United States Congress · 4 January 1995

Community Solvency Act of 1995 - Authorizes a State or qualified political subdivision to exercise flow control authority for: (1) municipal solid waste, incinerator ash, and construction or demolition debris generated within their boundaries if, before May 15, 1994, such entity adopted a law, regulation, or legally binding provision that contains such authority and directs the waste, ash, or debris to a waste management facility designated before such date or identifies the use of waste management methods and such entity committed to the designation of a facility for such methods; and (2) voluntarily relinquished recyclable materials generated within its boundaries. Establishes similar authority for States and subdivisions that meet such requirements after this Act's enactment. Provides that laws, regulations, or legally binding provisions that implement flow control authority shall be considered to be a reasonable regulation of commerce. Permits such authority with respect to recyclable materials only if: (1) the generator or owner of the materials voluntarily made the materials available to the State or subdivision and relinquished any rights to, or ownership of, such materials; and (2) the State or subdivision assumes such rights or ownership. Allows such authority with respect to solid waste or recyclable materials only if the State or subdivision establishes a program to separate or divert recyclable materials for purposes of recycling, reclamation, or reuse. Makes such condition inapplicable in certain cases. Establishes additional conditions on the exercise of flow control authority, including requirements that: (1) such authority is necessary to meet current or anticipated waste management needs; (2) revenues derived from the exercise of such authority are devoted primarily to solid waste management service; and (3) States and subdivisions implement a competitive designation process with respect to waste management facilities or facilities for recyclable materials. Retains the applicability of certain existing laws and contracts and considers such laws and contracts to be a reasonable regulation of commerce. Prohibits political subdivisions from exercising flow control authority to direct the movement of municipal solid waste to any waste management facility for which a Federal permit was denied twice before this Act's enactment.