Environment

Environmental Emergency Response Act

United States · United States Congress · 14 September 1979

Environmental Emergency Response Act - Defines containment as the onsite actions taken in the event of a discharge or release or significant threat of discharge or release of a hazardous substance from a hazardous substance disposal site to prevent or minimize such discharge or release. Defines hazardous substance as: (1) any hazardous substance so designated by the Clean Water Act; (2) any hazardous waste having the characteristics identified under or listed pursuant to the Solid Waste Disposal Act; (3) any toxic pollutant listed under the Clean Water Act; (4) any hazardous air pollutant listed under the Clean Air Act; (5) any imminently hazardous chemical substance or mixture as defined by the Toxic Substances Control Act; (6) any substance or mixture designated as a hazardous substance by the President pursuant to this Act; or (7) any element, substance, compound, or mixture which after release into the environment and upon exposure, ingestion, inhalation or assimilation into any organism, directly or indirectly, will or may reasonably be anticipated to cause death, physical or behavioral malfunction or disease. Directs the President to promulgate and revise regulations designating as hazardous substances, in addition to those defined above, such elements and compounds which, if released in a determined quantity into the environment, may present substantial danger to the public health or environment. Prohibits the discharge of any hazardous substance in violation of the Clean Water Act or the release or disposal of such substances which may affect the natural resources belonging to, appertaining to, or under the exclusive management authority of the United States. Directs any person in charge of any vessel or onshore or offshore facility which is discharging, releasing, or disposing of a hazarous substance to immediately notify the appropriate agency of the United States Government of such discharge, release, or disposal. Establishes criminal penalties for failing to provide such notice. Requires any person subject to liability for a noncomplying waste disposal site to notify the Administrator of the Environmental Protection Agency (EPA) within a specified period of: (1) the existence of such site; (2) the amount and type of hazardous substances to be found at such site; and (3) the likelihood of discharge or release of such substances from such site. Establishes criminal penalties for failing to provide such notice. Precludes such persons from any limitation or defense of liability to which they would otherwise be entitled. Prohibits such persons from knowingly rendering unavailable or unreadable any record relating to the to the site or any hazardous substances contained or deposited therein. Authorizes the Administrator to establish and enforce such control or removal requirements as are deemed appropriate to protect the public health and environment from any hazardous substance disposal site not in compliance. Authorizes the President to take any emergency response measure including removal or containment, necessary to protect the public health or the environment whenever a hazardous substance is discharged or released into the environment, unless it is determined that the owner or operator of the source of the release will properly remove such substance. Directs the President, within a specified period, to revise and republish the National Contingency Plan for the removal of oil and hazardous substances to reflect and effectuate the responsibilities and powers created by this Act. Specifies that such revision include a National Hazardous Substance Disposal Site Response Plan, such plan to include: (1) methods for discovering and investigating such sites; (2) methods for evaluating and containing any actual or threatened discharges or releases from such sites which pose a substantial danger to the public health or the environment; (3) methods and criteria for determining the appropriate extent of emergency response, containment, and other measures authorized by this Act; (4) appropriate roles and responsbilities for various governmental and nongovernmental entities in effectuating the Plan; (5) provision for response equipment and supplies; and (6) provision for reporting the existence of and any releases of hazardous substances from sites which may be located on federally-owned or controlled properties. Authorizes the Administrator to require any person involved in activities which may present a danger to public health or the environment related to the handling, storage, treatment, transportation, or disposal of any hazardous substance to take any necessary actions to ascertain the nature and extent of such danger, or to bring suit in the appropriate United States district court to require any such person to take such actions. Makes the owner or operator of a vessel or an onshore or offshore facility from which a hazardous substance is discharged jointly and severally liable for specified damages resulting from such discharge, with specified exceptions. Authorizes the President or the authorized representative of a State to act on behalf of the public as trustee of any natural resources damaged or lost as a result of such discharge and to recover for such damages. Stipulates that each department, agency, or instrumentality of the executive, legislative and judicial branches of the Federal Government shall be subject to and comply with this Act. Imposes liability upon any generator or transporter of any hazardous substance for such discharge by the facility which was the source of the discharge if such generator or transporter could have reasonably anticipated such discharge. Imposes punitive damages upon the owner or operator of a hazardous substance disposal site for failure to properly provide emergency response or containment upon request of the President. Establishes in the United States Treasury a Hazardous Substance Response Fund to be constituted from specified fees, and all moneys recovered on behalf of the Fund or recovered or collected under the Clean Water Act. Requires manufacturers, importers, and generators of hazardous substances to pay fees on each unit of hazardous substance produced, manufactured, or imported into the United States and each unit of hazardous waste generated. Authorizes the Secretary of the Treasury to promulgate rules and regulations relating to the collection of such fees, and sets forth civil and criminal penalties for violation of such regulations. Authorizes the Secretary to invest any excess of the Fund in interest- bearing special obligations of the United States. Directs the President to issue notes or other obligations to the Secretary in the event the moneys available in the fund are inadequate to meet the obligations of the fund. Directs the Administrator of EPA, the Commandant of the Coast Guard, and the Comptroller General to conduct a study of possible incentives to safer operation of vessels and facilities to reduce the potential of discharges or releases of hazardous substances, and of measures to prevent or avoid the occurrence of such discharges. Sets forth the purposes for which Fund moneys may be used. Authorizes the President to delegate his duties under this Act to the heads of appropriate Federal agencies, departments, and instrumentalities. Directs the President to establish a national priority system for responding to releases of hazardous substances and a system whereby States affected by such discharges may act to provide emergency response and be reimbursed for reasonable costs incurred thereof. Directs the President to notify an owner, operator, or guarantor of a vessel or an offshore or onshore facility of any allegation as to costs incurred for removal or damages resulting from the discharge of a hazardous substance for which such person would be liable under this Act. Sets forth procedures for the disposition of claims resulting from such discharges. Establishes a six year statute of limitation for claims presented or actions commenced under this Act. Subrogates to the United States Government all rights of a claimant to recover the costs of removal or damages from the person responsible for a hazardous substance discharge prior to payment of any claim by the Fund. Subrogates any person, including the Fund, who pays compensation pursuant to this Act to any claimant for damages or removal costs, to all rights, claims, and causes of action for such damages and removal costs of such claimant. Directs the Attorney General, upon request of the President, to commence on action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act. Directs the President, acting through the Administrators of the EPA and the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service, to issue regulations for the assessment of damages for injury to or loss of natural resources resulting from a discharge of hazardous substances. Directs the Comptroller General to provide for auditing of all payments and other uses of the Fund. Requires owners and operators of vessels carrying hazardous substances and of onshore and offshore facilities to establish and maintain evidence of financial responsibility in an amount consistent with the risks associated with the transportation, treatment, storage, or disposal of hazardous substances. Imposes civil penalties on such persons for failure to comply with such requirements. Authorizes judicial review of any regulation issued under this Act only in the United States Circuit Court of Appeals for the District of Colubmia. Grants jurisdiction to the United States district courts over all controversies arising under this Act. Makes conforming amendments to the Clean Water Act. Transfers to the Fund one-half of any sums appropriated under the oil and hazardous substances liability provisions of such Act and all of the sums appropriated under the emergency powers provisions of this Act. Terminates the authority to establish and collect fees under this Act on October 1, 1986.

Hazardous Waste Control and Toxic Tort Act of l979

United States · United States Congress · 14 September 1979

Hazardous Waste Control and Toxic Tort Act of 1979 - Title I: Establishment of Monitoring and Reclamation Program - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to establish a program to identify and monitor specified hazardous waste disposal sites. Authorizes States to establish and submit for the Administrator's approval programs for the maintenance and reclamation of such sites, including plans for the removal and disposal of in-place toxic pollutants presenting an imminent hazard to the environment or to human health. Sets forth criteria for such State programs based on the nature of the current use of such sites and the existence of applicable regulations already in effect. Authorizes the Administrator to make grants to States having programs approved by the Administrator. Authorizes States, pursuant to approved State programs, to enter, study, and acquire any land adversely affected by hazardous waste at abandoned hazardous waste disposal sites and to do all things necessary to restore, reclaim, abate, control, or prevent such adverse effects if such action is required in the public interest. Specifies conditions under which a State may acquire such lands. Authorizes the sale of such acquired lands after restoration and reclamation has been accomplished where such lands are deemed to be suitable for specified uses. Directs a State to record a lien against lands not acquired by the State for moneys expended to restore, reclaim or prevent adverse effects of hazardous waste disposal on such lands. Authorizes the Administrator to establish and implement programs for maintenance and reclamation of such sites in the event a State fails to receive program approval within one year of enactment of this Act. Stipulates that such Federal programs that such Federal programs shall remain in effect until the approval of a State program. Authorizes the Administrator to provide assistance in specified emergencies caused by the release into the environment of any pollutant or other contaminant associated with a hazardous waste facility. States that any amounts expended for such emergency assistance shall be charged against the Fund established under this Act. Directs the Administrator to prepare a contingency plan for responding to such emergencies. Authorizes the President to delegate to the Administrator any of his functions and authorities under the Disaster Relief Act of 1974 upon a determination that an environmental disaster has occurred, except that the Administrator may not provide assistance under such authorities to any State or local government. Makes the owner or operator of any site for which funds are expended under either a site maintenance and reclamation program or for purposes of emergency assistance liable to the United States or to the State (or to both) for the amount of such expenditure, with specified exceptions. Stipulates that nothing in such liability provisions shall be construed as preempting any State or local law establishing liability with respect to hazardous waste within such State or locality. Title II: Compensation for Damages Caused by Toxic Pollution - Creates a Federal cause of action for damages to any person physically injured by the negligent treatment, storage, or disposal of a toxic pollutant by any person. Makes such person additionally liable for property damage caused by such negligent handling upon a determination by the Administrator that an imminent and substantial hazard exists and the President determines that such negligent handling has resulted in a toxic disaster. Establishes a three-year statute of limitations for actions brought under this title, such period to commence on the date that the Environmental Protection Agency determines the requisite nexus exists between the physical injury or property damage cause of such injury or damage. Authorizes the award of exemplary damages upon a finding by the trier of fact that the conduct of the defendant constituted a gross and wanton disregard for public safety. Sets forth specified rebuttable presumptions. Grants jurisdiction for any action pursuant to this title to a State or Federal district court. Preempts any provision of State law contrary to the provisions, purposes, or intents of this title. Declares that the worker's compensation law of any State shall not deny benefits to any injured person solely for the untimely filing of a claim for benefits where such claim would have been timely under the provisions of this Act. Establishes within the Environmental Protection Agency the Toxic Victims Compensation Board (TVCB). Sets forth the powers and duties of the TPCB. Outlines the procedures for certification as a victim of toxic substance pollution. Sets forth criteria upon which the TVCB shall determine whether the toxic pollutant caused the alleged physical injury or property damage. Entitles certified victims to benefits not to exceed $50,000 per victim for medical expenses, costs of rehabilitation, and lost wages, where such claims are not provided for by insurance. Directs the TVCB to promulgate, through rules and regulations, appropriate forms and procedures for the filing of claims for benefits. Entitles persons other than the victim to payment of benefits if necessary to secure payment of alimony, maintenance of child support, to insure satisfaction of authenticated claims by those who furnished the victim with products or services constituting medical or rehabilitation benefits, or to insure satisfaction of claims for reasonable attorney's fees. States that any payment for such injury or damage shall be charged against the Reclamation and Compensation Fund established under this Act. Subrogates the TVCB to the rights of any victim to whom a payment is made pursuant to this Act. Directs the TVCB to prepare and submit to the Congress and the President annual reports of the activities of the TVCA. Vests jurisdiction for review of any compensation award or other final determination of the TVCB in the appropriate United States district court. Sets forth duties of the Environmental Protection Agency (EPA) in administering this Act. Authorizes the EPA to make studies and investigations to determine whether physical injuries are caused by toxic pollutants. Sets forth procedures for conducting such studies and investigations. Requires the EPA to publish in the Federal Register for public comment any tentative findings of requisite nexus between a physical injury and an allegedly toxic pollutant, and to make and publish a final determination upon a finding of requisite nexus. Authorizes judicial review in the United States district court of such finding by filing a petition praying that the finding be set aside or modified. Title III: Fund for Reclamation and Compensation Fees - Establishes a fund for the maintenance and reclamation of hazardous waste sites, for emergency hazardous waste assistance, and for victim compensation. States that the exemplary damage payments collected under this Act, and fees collected from hazardous waste facility permit holders and oil and gas refinery and terminal owners and operators pursuant to this Act shall form the basis of such fund. Sets forth fee collection procedures and penalties for noncompliance. Title IV: Other Amendments to the Solid Waste Disposal Act - Authorizes the Administrator to designate new hazardous waste disposal sites upon a finding that such sites will be safe and environmentally sound. Requires the Administrator to consult with the National Academy of Sciences (NAS) and affected States and local governments and to take into account results of studies and investigations before designating such sites.

A bill to amend the Clean Air Act to make certain modifications in provisions relating to automobile emission control devices and fuel additives, and for other purposes.

United States · United States Congress · 7 September 1979

Amends the Clean Air Act to stipulate that no motor vehicle emission standard promulgated under such Act shall apply to any motor vehicle which will be used predominantly in an area in which the reduction of motor vehicle emissions is not necessary to meet national ambient air quality standards. Stipulates that the Administration of the Environmental Protection Agency may not control or prohibit the sale of any fuel, class of fuels, or fuel additive if the Administrator determines that: (1) such product will be predominantly used in an area in which the reduction of motor vehicle emissions is not necessary in order to meet national ambient air quality standards; and (2) the use of such a product will not significantly impair the performance of any emission control device in the motor vehicle in which the product will be used.

COMMISSION COMMUNICATION TO THE COUNCIL ON THE RESULTS OF THE DISCUSSIONS AND NEGOTIATIONS RELATING TO THE HOLDING OF A HIGH-LEVEL MEETING IN THE ECE FRAMEWORK ON THE PROTECTION OF THE ENVIRONMENT (13-16 NOVEMBER 1979 IN GENEVA)

European Union · European Commission · 6 September 1979

Idaho Anadromous Fish Habitat Restoration Act

United States · United States Congress · 2 August 1979

Idaho Anadromous Fish Habitat Restoration Act - Authorizes the Secretary of the Interior acting through the Commissioner of Reclamation to undertake appraisal-level investigations of the water and related resources of the following river drainages lying wholly or partially within the State of Idaho: (1) the Lemhi River basin; (2) the Pahsimeroi River basin; (3) the Potlatch River basin; and (4) the Palouse River basin. Declares that the objective of each investigation shall be to: (1) identify where environmental improvements could be made or water storage facilities constructed within each basin to restore or improve the habitat of anadromous species of fish; and (2) identify secondary opportunities within each basin, including the improvement of agriculture, municipal, and industrial water supplies. Requires the Secretary to submit a report of the findings and recommendations from each investigation to the appropriate Congressional committees on or before September 30, 1983.

A bill to amend the Older Americans Act of 1965 to require States receiving certain grants under such Act to establish home maintenance assistance programs to enable older persons to continue living independently in a home environment.

United States · United States Congress · 2 August 1979

Amends the Older Americans Act of 1965 to require States receiving certain grants under such Act to establish home maintenance assistance programs. Authorizes appropriations for such programs. Requires that a minimum of $20,000,000 be made available for such programs in fiscal year 1981.

A bill to amend Title 28 of the United States Code to provide for special venue provisions in cases relating to the environment.

United States · United States Congress · 2 August 1979

Sets forth venue provisions applicable to the National Environmental Policy Act or any Act of Congress relating to environmental quality, including Acts relating to nonstatutory Federal water rights, in which the impact or injury alleged is less than nationwide in scope, requiring such actions to be brought only in a judicial district in which a substantial portion of the impact or injury occurs. Requires appeals from any agency decision arising under such Acts to be appealed to the court of appeals for the judicial circuit in which a substantial portion of the impact or injury occurs.

Toxic Substance Pollution Victim Compensation Act

United States · United States Congress · 2 August 1979

Toxic Substance Pollution Victim Compensation Act - Establishes, as an independent agency of the Federal Government, the Administrative Board for Compensation of Victims of Toxic Substance Pollution (hereinafter referred to as the ABC). Sets forth the powers and duties of the ABC regarding the compilation and dissemination of data on deaths, diseases, and injuries related to toxic substances, the designation of toxic substances and diseases related thereto, the procedure for compensating victims of toxic substance pollution, and the promulgation of rules and regulations necessary to carry out the purposes of this Act. Establishes the Office of the Ombudsman for Compensation of Victims of Toxic Substance Pollution. Sets forth the powers and duties of the Ombudsman regarding complaint procedures, compulsory process, investigations, and recommendations to the ABC concerning its rules, regulations, findings, and compensation awards. Directs the Internal Revenue Service to collect a pollution charge from each manufacturer of a toxic substance to be used to defray the costs of operating the ABC and the Office of the Ombudsman. Directs the ABC to establish risk levels for each toxic substance and to correlate a graduated pollution levy to the established risk categories. Exempts Federal agencies and the United States Armed Forces from such pollution levels. Entitles victims of toxic substance pollution, or the survivors of such victims, to specified compensation, medical benefits, rehabilitation services, and disability or death benefits. Directs the ABC to authorize specific physicians in every State to report cases of toxic substance poisoning, maintain certain records, post a list of toxic substance related diseases, and participate in specialized training and conferences. Imposes strict liability on manufacturers of toxic substances for injuries resulting from toxic substance pollution. Requires the ABC to promulgate, through rules and regulations, forms and procedures for the filing of claims regarding symptoms related to toxic substance pollution. Sets forth time limitations governing the filing of a medical report by a claimant under this Act. Sets forth certain rules regarding rebuttable presumptions, burden of proof, nexus requirements, and notice to be adhered to in any proceeding for determining the causation of disease or injury arising from toxic substance pollution. Directs the ABC to designate as a toxic substance pollution designated disease, any toxic substance pollution-related disease that has been determined to cause actual harm to claimants or victims, and to notify certain persons of such designation. Outlines the procedure for the certification of victims of toxic substance pollution designated diseases. Directs the ABC to promulgate, through rules and regulations, forms and procedures for the filing of claims for compensation benefits. Sets forth rules governing the computation of the compensation award, the payment of victims, and the assignment and exemption of benefits. Authorizes the ABC to require manufacturers of toxic substances in high risk categories to post surety bonds or to maintain insurance coverage for victims. Sets forth the procedure for apportioning damages among multiple toxic substance polluters. Authorizes the compensation of multiple victims by class, and the allocation of limited resources among such victims. Establishes an Emergency Relief Fund to assist persons suffering injury, disease, or death related to a major toxic substance pollution disaster. Prescribes civil and criminal penalties for violations of this Act. Vests jurisdiction for review of any compensation award or other final order of the ABC in the United States courts of appeals. Authorizes appropriations to carry out the purposes of this Act. Authorizes appropriations: (1) for studies (in the State of Michigan) of the effects of polybrominated biphenyls (hereinafter referred to as PBB) on human health; and (2) to defray the cost of medical treatment incurred by residents of the State of Michigan having abnormal levels of PBB in their bodies.

A bill to establish minimum periods of time for the issuance of permits under section 404 of the Federal Water Pollution Control Act relating to drilling for oil or gas, and for other purposes.

United States · United States Congress · 26 July 1979

Amends the Federal Water Pollution Control Act to expand the time for the Administrator of the Environmental Protection Agency to comment upon permit applications received by a State for the discharge of dredged or fill material at specified sites. Establishes time periods within which the Secretary of the Army, acting through the Chief of Engineers, must act upon permits relating to drilling for oil or gas. Makes this Act retroactive for applications submitted, but not yet acted upon, before the date of enactment.

Home Health and Safety Act of 1979

United States · United States Congress · 24 July 1979

Home Health and Safety Act of 1979 - Prohibits manufacturers of cigarettes or little cigars for sale or distribution in commerce from adding substances which permit the continued burning of such cigarettes or little cigars if left unattended. Sets a fine of not more than $10,000 for a violation of this Act. Grants district courts jurisdiction to restrain such violations upon application by the Attorney General.

Endangered Species Act Amendments of 1979

United States · United States Congress · 18 July 1979

Endangered Species Act Amendments of 1979 - Amends the Endangered Species Act of 1973 to redefine the term irresolvable conflict to mean, with respect to any action authorized, funded, or carried out by a Federal agency, a set of circumstances under which completion of such action is likely to jeopardize the continued existence of an endangered or threatened species. Extends from 120 days to 225 days the period of time following the date of publication of any emergency regulation, set forth by the Secretary of Interior to carry out the purpose of this Act, that such regulation shall have force and effect unless the rulemaking procedures which apply to such regulation are complied with. Allows the Secretary of the Interior to rescind an emergency regulation during the 225-day period if it is determined on the basis of the best scientific and commercial data available that substantial evidence does not exist to warrant the continuation of such regulation. Requires the Secretary of the Interior, within 90 days after it is determined that any Federal agency action is likely to jeopardize the existence of a species for which a regulation has been proposed recommending the listing of such species as an endangered species or if such action is likely to adversely modify such species habitat, to: (1) publish in the Federal Register a final regulation adding such species or critical habitat to the endangered species list; or (2) withdraw the proposed regulation recommending such listing. Requires the Secretary to: (1) establish guidelines to ensure that such action is administered as efficiently and effectively as possible; and (2) submit an annual report to Congress on the development and operation of such guidelines. Requires any Federal agency which desires to obtain a permanent exemption, from the provisions of the Act, to conduct a biological assessment for the purposes of identifying any listed or proposed endangered or threatened species which is likely to be affected by such action.

Nuclear Waste Terminal Storage and Technology Demonstration Act of 1979

United States · United States Congress · 17 July 1979

Nuclear Waste Terminal Storage and Technology Demonstration Act of 1979 - Directs the Secretary of Energy, after consultation with the heads of other appropriate Federal agencies and after reporting to Congress, to select a site from within three specified candidate areas to serve as the site for a Federal Technology Demonstration Repository for the disposal of nuclear waste. Directs the Secretary to authorize the design, site-specific geologic survey and subsequent construction of the repository. Sets forth procedures for the delivery of nuclear waste to such repository.

Nuclear Waste Regulation Act of 1979

United States · United States Congress · 16 July 1979

Nuclear Waste Regulation Act of 1979 - Amends the Energy Reorganization Act of 1974 to grant licensing and related regulatory authority to the Nuclear Regulatory Commission as to facilities of the Department of Energy for the storage and disposal of low or high level radioactive wastes, including decommissioned facilities and such materials generated by activities abroad or by research and development or defense program activities. Sets forth criteria for issuing licenses for such facilities. Requires the Secretary of Energy to file a report on each such facility seeking licensing as to environmental and safety data, and to submit to the Nuclear Regulatory Commission plans for the implementation of safety and environmental requirements, including a specific schedule of compliance. Directs the Secretary to submit to the Commission a report setting forth plans for the management and disposal of nuclear waste generated at Department of Energy facilities. Requires license applicants to identify alternative sites for any nuclear waste storage or disposal facility, providing such data as the Commission deems sufficient for each such site, and authorizes the Commission to waive or modify such alternative site requirement, provided such waiver or modification is consistent with the National Environmental Policy Act of 1969, and such facility is intended to demonstrate the existence of a safe and practical permanent disposal technology or to assess the characteristics of a particular site. Directs the Commission to establish criteria and procedures for the evaluation of such alternative sites. Requires a license applicant to notify the Governor of the State of the proposed situs of an intent to file such application, and to provide such State with all data relevant to the intended application. Permits the designated State representative to participate at every stage of the proceedings concerning such license. Authorizes such State to approve of disapprove any construction permit or license according to specified procedures. Directs the Commission and the Environmental Protection Agency (EPA) to determine whether a technology exists for the preparation, isolation, and containment of radioactive wastes which would result in their permanent disposal without substantial probability of health hazards. Stipulates that the Department of Energy, the United States Geological Survey, and the National Academy of Sciences shall be parties to a public proceeding conducted pursuant to the Administrative Procedure Act to make such determinations. Provides that in the event such determination reveals the existence of no adequate technology for the safe permanent disposal of radioactive wastes, the Commission shall suspend issuance of nuclear power plant construction and operation permits and licenses until such a technology is found. Requires the Commission, in consultation with the Department of Energy, to report to Congress and the President on whether adequate permanent disposal capacity will be available by December 31, 1990, for the volume of radioactive wastes projected to require such disposal by such date, and directs the Commission to suspend further commercial generation of such wastes, upon a determination that no such adequate capacity will so exist, until such time as the Commission determines that such capacity will exist. Prohibits the Commission from licensing any nuclear waste storage facility unless such license prohibits the Secretary of Energy from contracting to assume title to such waste or responsibility for its permanent disposal or until a permanent disposal facility is licensed for operation.

A bill to amend the Clean Air Act with respect to the prevention and control of air pollution in border areas of the United States and countries contiguous to the United States, and for other purposes.

United States · United States Congress · 12 July 1979

Amends the Clean Air Act to direct the President to enter into treaties or other agreements with countries contiguous to the United States for the purpose of air pollution control in border areas. Directs the Secretary of State to take appropriate diplomatic actions to reduce or eliminate air pollution adversely affecting any area of the United States and originating in another country. Directs the Administrator of the Environmental Protection Agency to determine the percentage of air pollutants in border areas resulting from foreign sources and to eliminate such percentage in determining compliance with ambient air quality standards by such region.

Hazardous Substance Response Revenue Act of 1980

United States · United States Congress · 11 July 1979

Environmental Emergency Response Act - Defines containment as the onsite actions taken in the event of a discharge or release or significant threat of discharge or release of a hazardous substance from a hazardous substance disposal site to prevent or minimize such discharge or release. Defines hazardous substance as: (1) any hazardous substance so designated by the Clean Water Act; (2) any hazardous waste having the characteristics identified under or listed pursuant to the Solid Waste Disposal Act; (3) any toxic pollutant listed under the Clean Water Act; (4) any hazardous air pollutant listed under the Clean Air Act; (5) any imminently hazardous chemical substance or mixture as defined by the Toxic Substances Control Act; (6) any substance or mixture designated as a hazardous substance by the President pursuant to this Act; or (7) any element, substance, compound, or mixture which after release into the environment and upon exposure, ingestion, inhalation or assimilation into any organism, directly or indirectly, will or may reasonably be anticipated to cause death, physical or behavioral malfunction or disease. Directs the President to promulgate and revise regulations designating as hazardous substances, in addition to those defined above, such elements and compounds which, if released in a determined quantity into the environment, may present substantial danger to the public health or environment. Prohibits the discharge of any hazardous substance in violation of the Clean Water Act or the release or disposal of such substances which may affect the natural resources belonging to, appertaining to, or under the exclusive management authority of the United States. Directs any person in charge of any vessel or onshore or offshore facility which is discharging, releasing, or disposing of a hazardous substance to immediately notify the appropriate agency of the United States Government of such discharge, release, or disposal. Establishes criminal penalties for failing to provide such notice. Requires any person subject to liability for a noncomplying waste disposal site to notify the Administrator of the Environmental Protection Agency (EPA) within a specified period of: (1) the existence of such site; (2) the amount and type of hazardous substances to be found at such site; and (3) the likelihood of discharge or release of such substances from such site. Establishes criminal penalties for failing to provide such notice. Precludes such persons from any limitation or defense of liability to which they would otherwise be entitled. Prohibits such persons from knowingly rendering unavailable or unreadable any record relating to the to the site or any hazardous substances contained or deposited therein. Authorizes the Administrator to establish and enforce such control or removal requirements as are deemed appropriate to protect the public health and environment from any hazardous substance disposal site not in compliance. Authorizes the President to take any emergency response measure including removal or containment, necessary to protect the public health or the environment whenever a hazardous substance is discharged or released into the environment, unless it is determined that the owner or operator of the source of the release will properly remove such substance. Directs the President, within a specified period, to revise and republish the National Contingency Plan for the removal of oil and hazardous substances to reflect and effectuate the responsibilities and powers created by this Act. Specifies that such revision include a National Hazardous Substance Disposal Site Response Plan, such plan to include: (1) methods for discovering and investigating such sites; (2) methods for evaluating and containing any actual or threatened discharges or releases from such sites which pose a substantial danger to the public health or the environment; (3) methods and criteria for determining the appropriate extent of emergency response, containment, and other measures authorized by this Act; (4) appropriate roles and responsbilities for various governmental and nongovernmental entities in effectuating the Plan; (5) provision for response equipment and supplies; and (6) provision for reporting the existence of and any releases of hazardous substances from sites which may be located on federally-owned or controlled properties. Authorizes the Administrator to require any person involved in activities which may present a danger to public health or the environment related to the handling, storage, treatment, transportation, or disposal of any hazardous substance to take any necessary actions to ascertain the nature and extent of such danger, or to bring suit in the appropriate United States district court to require any such person to take such actions. Makes the owner or operator of a vessel or an onshore or offshore facility from which a hazardous substance is discharged jointly and severally liable for specified damages resulting from such discharge, with specified exceptions. Authorizes the President or the authorized representative of a State to act on behalf of the public as trustee of any natural resources damaged or lost as a result of such discharge and to recover for such damages. Stipulates that each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government shall be subject to and comply with this Act. Imposes liability upon any generator or transporter of any hazardous substance for such discharge by the facility which was the source of the discharge if such generator or transporter could have reasonably anticipated such discharge. Imposes punitive damages upon the owner or operator of a hazardous substance disposal site for failure to properly provide emergency response or containment upon request of the President. Establishes in the United States Treasury a Hazardous Substance Response Fund to be constituted from specified fees, and all moneys recovered on behalf of the Fund or recovered or collected under the Clean Water Act. Requires manufacturers, importers, and generators of hazardous substances to pay fees on each unit of hazardous substance produced, manufactured, or imported into the United States and each unit of hazardous waste generated. Authorizes the Secretary of the Treasury to promulgate rules and regulations relating to the collection of such fees, and sets forth civil and criminal penalties for violation of such regulations. Authorizes the Secretary to invest any excess of the Fund in interest-bearing special obligations of the United States. Directs the President to issue notes or other obligations to the Secretary in the event the moneys available in the fund are inadequate to meet the obligations of the fund. Directs the Administrator of EPA, the Commandant of the Coast Guard, and the Comptroller General to conduct a study of possible incentives to safer operation of vessels and facilities to reduce the potential of discharges or releases of hazardous substances, and of measures to prevent or avoid the occurrence of such discharges. Sets forth the purposes for which Fund moneys may be used. Authorizes the President to delegate his duties under this Act to the heads of appropriate Federal agencies, departments, and instrumentalities. Directs the President to establish a national priority system for responding to releases of hazardous substances and a system whereby States affected by such discharges may act to provide emergency response and be reimbursed for reasonable costs incurred thereof. Directs the President to notify an owner, operator, or guarantor of a vessel or an offshore or onshore facility of any allegation as to costs incurred for removal or damages resulting from the discharge of a hazardous substance for which such person would be liable under this Act. Sets forth procedures for the disposition of claims resulting from such discharges. Establishes a six year statute of limitation for claims presented or actions commenced under this Act. Subrogates to the United States Government all rights of a claimant to recover the costs of removal or damages from the person responsible for a hazardous substance discharge prior to payment of any claim by the Fund. Subrogates any person, including the Fund, who pays compensation pursuant to this Act to any claimant for damages or removal costs, to all rights, claims, and causes of action for such damages and removal costs of such claimant. Directs the Attorney General, upon request of the President, to commence on action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act. Directs the President, acting through the Administrators of the EPA and the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service, to issue regulations for the assessment of damages for injury to or loss of natural resources resulting from a discharge of hazardous substances. Directs the Comptroller General to provide for auditing of all payments and other uses of the Fund. Requires owners and operators of vessels carrying hazardous substances and of onshore and offshore facilities to establish and maintain evidence of financial responsibility in an amount consistent with the risks associated with the transportation, treatment, storage, or disposal of hazardous substances. Imposes civil penalties on such persons for failure to comply with such requirements. Authorizes judicial review of any regulation issued under this Act only in the United States Circuit Court of Appeals for the District of Columbia. Grants jurisdiction to the United States district courts over all controversies arising under this Act. Makes conforming amendments to the Clean Water Act. Transfers to the Fund one-half of any sums appropriated under the oil and hazardous substances liability provisions of such Act and all of the sums appropriated under the emergency powers provisions of this Act. Terminates the authority to establish and collect fees under this Act on October 1, 1986.

A bill to amend title 28 of the United States Code to provide for special venue provisions in cases relating to the environment.

United States · United States Congress · 10 July 1979

Amends the venue provisions of Federal law to require a civil action arising under the National Environmental Policy Act or any Act of Congress relating to environmental quality, or an appeal from an agency decision arising under such Acts, in which the issue raised or the impact or injury alleged is less than nationwide in scope, to be brought only in a judicial district, or appealed to the court of appeals for the judicial circuit, in which such issue arises or in which a substantial portion of the impact or injury occurs.

A bill to amend the Clean Air Act with respect to the prevention and control of air pollution in border areas of the United States and countries contiguous to the United States, and for other purposes.

United States · United States Congress · 10 July 1979

Amends the Clean Air Act to direct the President to enter into treaties or other agreements with countries contiguous to the United States for the purpose of air pollution control in border areas. Directs the Secretary of State to take appropriate diplomatic actions to reduce or eliminate air pollution adversely affecting any area of the United States and originating in another country. Directs the Administrator of the Environmental Protection Agency to determine the percentage of air pollutants in border areas resulting from foreign sources and to eliminate such percentage in determining compliance with ambient air quality standards by such region.

A bill to amend the Solid Waste Disposal Act with respect to certain utility waste, and for other purposes.

United States · United States Congress · 28 June 1979

Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to study and report on the adverse effects; if any, on human health and the environment of the disposal and utilization of fly ash waste, bottom ash waste, slag waste, flue gas emission control waste, and other byproducts of the combustion of coal or other fossil fuels. Sets forth a number of items to be included in the required analysis. Requires the Administrator to consult other Federal and State agencies in connection with the analysis in order to avoid duplication of effort. Extends until six months after completion of the required study the time for the promulgation pursuant to the Solid Waste Disposal Act, of regulations identifying the hazardous characteristics of those waste products which are the subject of this Act.

A bill to provide for state veto of nuclear waste storage.

United States · United States Congress · 27 June 1979

Amends the Energy Reorganization Act of 1974 to direct the Secretary of Energy to notify the affected State's and Indian's authorities of any intent to investigate the potential suitability of any part of a State or Indian reservation for the storage or disposal of radioactive wastes. Directs the Secretary to assist in the creation of a Radioactive Waste Management Commission, which shall: (1) examine the proposed actions of the Secretary; and (2) work toward achieving substantial concurrence on each and any socioeconomic, institutional, technical, environmental, health, and safety issue associated with such actions. Sets forth the composition of such commission, membership to include: (1) representatives from each affected State including the Governor; (2) representatives from the appropriate Federal agencies, including the Nuclear Regulatory Commission and the U.S. Geological Survey; (3) representatives from the affected State and local governments affected by such proposed actions; and (4) representatives from public interest organizations within the affected State. Requires public notice of all meetings of the Commission. Makes all Commission proceedings and materials produced in connection with the meetings or other operations of the Commission open and available for public inspection and comment. Directs the commission to file reports with Congress and the State legislatures of the affected States, such reports to include: (1) the actions and potential actions to be taken by the Secretary; (2) the efforts used and the possibility of success in achieving concurrence among the Commission members; and (3) a copy of any notices of nonconcurrence filed by the affected State of Indian tribe with the Commission. Makes the following acts expressions of nonconcurrence: (1) the filing of a report by the Governor, after consultation with the other representatives from such State, stating his objections and identifying any acceptable alternatives, if any; (2) the adoption by the State legislature of a resolution expressing nonconcurrence; and (3) when the majority vote in a statewide public referendum on the Secretary's proposed actions expresses opposition or nonconcurrence with such actions. Prohibits any Federal agency from proceeding with any investigation into the possibility of storing or disposing of radioactive wastes within such nonconcurring State unless the affected State or Indian tribe determine their objections have been satisfactorily resolved. Sets forth under what conditions such nonconcurrence will be deemed to be resolved.

A bill to amend the Clean Air Act with respect to temporary emergency suspensions of implementation plan provisions.

United States · United States Congress · 26 June 1979

Amends the Clean Air Act, with regard to State implementation plans for a national primary ambient air quality standard, to authorize the President, as well as the Governor of a State, to issue a temporary emergency suspension of any part of such plan applicable to a fuel burning stationary source. Requires either the President or the Governor to issue such an emergency suspension if either finds that foreign imports of fuels used by such source have reached an excessive level and that such imports can be reduced by the emergency suspension. Requires such suspension to remain in effect for a maximum of five years, or longer as the owner or operator of such source may persuade the suspension issuer as reasonable. Allows the Administrator of the Environmental Protection Agency in a disapproval order to require a lesser period if the suspension is issued by a Governor. Limits any suspension for violation of any national ambient air quality standard to not more than four months. Requires any person who issued a suspension for a period in excess of four months to revoke such suspension if he determines that the fuel burning stationary source in question did not change to an alternate fuel.

Ausgang des Disziplinarverfahrens gegen den Vorsitzenden des Bundesverbandes Bürgerinitiative Umweltschutz, Hans Günter Schumacher (G-SIG: 00050753)

Germany · German Bundestag · 22 June 1979

A bill to amend the Clean Air Act to provide for certain temporary emergency suspensions of applicable implementation plan provisions for periods of five years in the case of certain fuel burning stationary sources, and for other purposes.

United States · United States Congress · 21 June 1979

Amends the Clean Air Act, with regard to State implementation plans for national primary ambient air quality standards, to authorize the President, as well as the Governor of a State, to issue a temporary emergency suspension of any part of such plan applicable to a fuel burning stationary source. Requires either the President or the Governor to issue such an emergency suspension if either finds that foreign imports of fuels used by such source have reached an excessive level and that imports can be reduced by the emergency suspension. Requires such suspension to remain in effect for a maximum of five years, or longer as the owner or operator of such source may persuade the suspension issuer as reasonable. Allows the Administrator of the Environmental Protection Agency in a disapproval order to require a lesser period if the suspension is issued by a Governor. Limits any suspension for violation of any national ambient air quality standard to not more than four months.

Oil, Hazardous Substances, and Hazardous Waste Response, Liability, and Compensation Act of 1979

United States · United States Congress · 21 June 1979

Oil, Hazardous Substances, and Hazardous Waste Response, Liability, and Compensation Act of 1979 - Title I: Amendments to the Solid Waste Disposal Act - Amends the Solid Waste Disposal Act to grant subpoena power to the Administrator of the Environmental Protection Agency and the Attorney General for purposes of administering or enforcing the hazardous waste management provisions of such Act. Title II: Oil, Hazardous Substance, and Hazardous Waste Response, Liability Compensation, and Fund - Amends the Federal Water Pollution Control Act to add a new title VI, Oil, Hazardous Substances, and Hazardous Response, Liability, Compensation and Fund. Directs the Administrator to revise and promulgate regulations which designate certain substances as hazardous. Directs the Administrator to determine the quantities of oil and any hazardous substance which would be harmful to the public health or safety, or to the environment if released. Prohibits the release of such substances in such quantities except: (1) where permitted under the International Convention for the Prevention of Pollution of the Sea by Oil or other international agreements; or (2) where permitted by regulation. Requires any person in charge of a vessel or facility who has knowledge of any release of oil or hazardous substance from such vessel or facility to notify the United States Government immediately. Establishes criminal penalties for failure to provide notice of a release of such substances. Requires any person who may be subject to liability for an uncontrolled hazardous waste disposal site to notify the Administrator of the location and risk of release of hazardous substances from such site within a specified time-period. Eliminates the limitation of liability otherwise provided in this title for persons who fail to provide such notice. Empowers the Administrator, in the event of a release, to deduct reasonable costs from the liability of any person who acts to remove, mitigate, or lessen the likelihood of a release. Prohibits the destruction or concealment by anyone subject to the notification provisions of this section of any records relating to an uncontrolled hazardous waste disposal site. Subjects owners or operators of onshore or offshore facilities and vessels to civil penalties in the event of any release of hazardous substances from such facility or vessel. Sets forth procedures and considerations involved in the imposition of such penalties, including the good faith effort of the owner or operator in preventing the release and in mitigating its effects. Stipulates that any costs of removal incurred in connection with such a release shall be recoverable from the owner or operator of the source of the release, and deposited in the Oil and Hazardous Substances Liability Fund. Authorizes the Executive (defined as the head of any Federal agency or department delegated or assigned duties by the President pursuant to this Act) to remove or arrange for the removal of any substances released which may present an imminent and substantial danger to the public health or welfare unless it is determined that the removal will be properly done by the owner or operator of the source of the release. Directs the Administrator to terminate such removal action if it is determined that the source of the release is an uncontrolled hazardous waste disposal site. Authorizes the Administrator to supply emergency assistance and containment whenever any hazardous substance is or appears about to be released, provided the State in which the site is located first provides for or assures: (1) the maintenance of containment and containment costs within one year of containment, continuing for the life of the containment or 19 years, whichever is less; and (2) the availability of an acceptable hazardous waste disposal facility for any necessary offsite storage, destruction, treatment, or redisposal of the hazardous substances. Limits Federal emergency assistance for containment when: (1) costs are projected at over $200,000, unless the Administrator determines that it is the least costly method; and (2) the uncontrolled hazardous waste disposal site is owned by a State or political subdivision of a State. Sets forth the percentage of costs of containment the Administrator must pay under specified circumstances and the matching funds the State or political subdivision must provide. States that the State or political subdivision must bear the cost of any remedial measures it chooses to take instead of the least cost containment as determined by the Administrator. Authorizes the Administrator to reimburse the State for containment costs up to the amount of the Federal share in lieu of providing for or arranging containment himself. Authorizes the Administrator to provide for complete or partial waste transport, storage, destruction, or treatment and redisposal if he determines that such actions are the least costly means of containment. Authorizes the Administrator to conduct activities for two or more uncontrolled hazardous waste sites at a centralized location, unless the costs are prohibitive. Empowers the Administrator to enforce the terms of a containment contract in any court or to recover from the State or political subdivision the costs of maintaining such containment and the State and local matching shares of the costs of containment at that site. Authorizes the Administrator to provide technical and legal assistance in connection with the administration or enforcement of any contract concerning emergency assistance or containment where a State or political subdivision is acting on behalf of the Administrator. Directs the Executive to revise and republish the National Contingency Plan for the removal of oil and hazardous substances to reflect changes made by this title. Directs the Executive to hold public hearings on the National Uncontrolled Hazardous Waste Disposal Site Response Plan, such plan to include: (1) methods of discovering and investigating such sites; (2) methods for valuating and containing releases and threats of releases from site which pose substantial danger to public health or the environment; (3) methods and criteria for determining the appropriate extent of emergency assistance, containment, and other measures authorized by this title; (4) appropriate roles and responsibilities for Federal, State, and local governments in effectuating the Plan; (5) provision for identification, procurement, maintenance, and storage of response equipment and supplies; and (6) a method for and assignment of responsibility for reporting the existence of uncontrolled hazardous waste disposal sites which may be located on federally-owned or controlled properties and any releases of hazardous substances from such sites. Makes the revised National Contingency Plan the standard for the removal of oil and hazardous substances and for minimizing the damage from such substances. Authorizes the Executive to issue regulations, consistent with the Plan, maritime safety, marine and navigation laws: (1) establishing methods and procedures for removal of released oil and hazardous substances; (2) establishing criteria for the development and implementation of local and regional oil and hazardous substance removal contingency plans; (3) establishing procedures, methods, and equipment to prevent release of oil and hazardous substances from vessels or facilities, and to contain such releases; and (4) governing the inspection of vessels carrying cargoes of oil or hazardous substances to reduce the likelihood of release. Establishes civil penalties for the violation of such regulations, with specified exemptions. Sets forth procedures and criteria for determining the amount of such penalties. Authorizes the United States, in the event of a marine disaster creating a substantial threat of pollution and endangering the public health or welfare, to: (1) coordinate and direct all public and private efforts directed at the removal or elimination of such threat; and (2) summarily remove, and, if necessary, destroy such vessel. Provides compensation for expenses thus incurred. Authorizes the Attorney General, at the request of the Executive, to seek relief in U.S. district court whenever the Executive determines they may be an actual or threatened release of oil or a hazardous substance from a facility or an uncontrolled hazardous waste disposal site. Makes the owner and operator of a private vessel or of a facility which is the source or threatened source of pollution jointly and severally liable for all damages resulting from the pollution or the threat of pollution. Sets forth monetary limitations on such persons' liability except when the pollution or threat thereof is caused in whole or in part by: (1) willful misconduct or gross negligence within the privity or knowledge of such owner or operator; (2) violation of applicable regulations of the Federal Government and health and safety standards. Excepts owners or operators who fail to furnish the notice of a hazardous substance release as required by this Act or who fail to provide reasonable cooperation and assistance as requested in furtherance of cleanup and removal from such limitations. Makes the owner or operator of an uncontrolled hazardous waste disposal site, or any other person who caused or contributed to the release of a hazardous substance from such site jointly and severally liable for all costs of emergency assistance and containment, with specified exceptions. Requires all owners and operators of vessels carrying oil or hazardous substances and owners and operators of facilities used for oil transportation, production, processing or storage to furnish evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Imposes civil penalties on such owners and operators for failure to comply with such requirements. Directs the Executive to conduct a study to determine the availability of private insurance protection for such vessel and facility owners and operators at competitive rates. Establishes in the Treasury of the United States an Oil and Hazardous Substances Liability Fund for the purpose of paying for removal and containment of hazardous substances, emergency assistance, compensation of claims, and administrative and personnel costs of the Federal Government incident to the administration of this title. Enumerates the sources of the moneys to be deposited in such Fund, including fees on owners of facilities receiving oil, and on suppliers of petrochemical feedstocks, and specified inorganic elements and compounds. Authorizes the appropriation to such Fund of up to $50,000,000 in fiscal year 1981, $75,000,000 in fiscal year 1982, and $100,000,000 for each of fiscal years 1983 and 1984. Directs the Secretary of the Treasury, in consultation with the Secretary of Transportation, to invest up to $50,000,000 of the Fund in public debt securities. Lists the types of injuries which may be compensated under this Act and the potential claimants who have standing to assert claims involving such damages. Directs the Administrator to establish a priority system for responding to releases or threats of release from uncontrolled hazardous waste disposal sites. Specifies procedures whereby the Executive shall designate and advertise a pollution sources. Sets forth procedures for the disposition and appeal of claims submitted to the fund. Stipulates that final orders of the Executive on claims shall not be subject to judicial review. Authorizes the fund to intervene in any claims action as a cause of right. Subrogates any person or government entity, including the fund, which pays compensation for damages to all rights, claims, and causes of action of a claimant. Specifies procedures for and the measure of recovery in actions brought by the fund owners, operators, or guarantors of alleged pollution sources. Grants jurisdiction to the United States district courts over all controversies arising under this Act. Authorizes judicial review of any regulation issued under this Act only in the United States Circuit Court of Appeals for the District of Columbia. Excludes from such jurisdictional provisions controversies or other matters involving the assessment or collection of fees or regulations issued under the Internal Revenue Code of 1954. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss resulting from oil or hazardous substance pollution, except that States shall not be precluded from establishing liability funds or liability limits, setting financial responsibility requirements, or imposing any taxes or fees for losses or costs not compensated by this Act. Authorizes the President to delegate and assign duties or powers imposed upon him by the Executive and to promulgate necessary regulations. Title III: Miscellaneous Provisions - Sets forth effective dates, and makes conforming amendments to the Trans-Alaska Pipeline Authorization Act, the Intervention on the High Seas Act, the Federal Water Pollution Control Act, and the Outer Continental Shelf Lands Act.

Oil, Hazardous Substances, and Hazardous Waste Response, Liability, and Compensation Act of 1979

United States · United States Congress · 21 June 1979

Oil, Hazardous Substances, and Hazardous Waste Response, Liability, and Compensation Act of 1979 - Amends the Solid Waste Disposal Act to grant subpoena power to the Administrator of the Environmental Protection Agency and the Attorney General for purposes of administering or enforcing the hazardous waste management provisions of such Act. Amends the Federal Water Pollution Control Act to add a new title VI, Oil, Hazardous Substances, and Hazardous Response, Liability, Compensation, and Fund. Directs the Administrator to revise and promulgate regulations which designate certain substances as hazardous. Directs the Administrator to determine the quantities of oil and any hazardous substance which would be harmful to the public health or safety, or the environment if released. Prohibits the release of such substances in such quantities except: (1) where permitted under the International Convention for the Prevention of Pollution of the Sea by Oil or other international agreements; or (2) where permitted by regulation. Requires any person in charge of a vessel or facility who has knowledge of any release of oil or hazardous substance from such vessel or facility to notify the United States Government immediately. Establishes criminal penalties for failure to provide notice of a release of such substances. Requires any person who may be subject to liability for an uncontrolled hazardous waste disposal site to notify the Administrator of the location and risk of release of hazardous substances from such site within a specified time period. Eliminates the limitation of liability otherwise provided in this title for persons who fail to provide such notice. Empowers the Administrator, in the event of a release, to deduct reasonable costs from the liability of any person who acts to remove, mitigate, or lessen the likelihood of a release. Prohibits the destruction or concealment by anyone subject to the notification provisions of this section of any records relating to an uncontrolled hazardous waste disposal site. Subjects owners or operators of onshore or offshore facilities and vessels to civil penalties in the event of any release of hazardous substances from such facility or vessel. Sets forth procedures and considerations involved in the imposition of such penalties, including the good faith effort of the owner or operator in preventing the release and in mitigating its effects. Stipulates that any costs of removal incurred in connection with such a release shall be recoverable from the owner or operator of the source of the release, and deposited in the Oil and Hazardous Substances Liability Fund. Authorizes the Executive (defined as the head of any Federal agency or department delegated or assigned duties by the President pursuant to this Act) to remove or arrange for the removal of any substances released which may present an imminent and substantial danger to the public health or welfare unless it is determined that the removal will be properly done by the owner or operator of the source of the release. Directs the Administrator to terminate such removal action if it is determined that the source of the release is an uncontrolled hazardous waste disposal site. Authorizes the Administrator to supply emergency assistance and containment whenever any hazardous substance is or appears about to be released, provided the State in which the site is located first provides for or assures: (1) the maintenance of containment and containment costs within one year of containment, continuing for the life of the containment or 19 years, whichever is less; and (2) the availability of an acceptable hazardous waste disposal facility for any necessary offsite storage, destruction, treatment, or redisposal of the hazardous substances. Limits Federal emergency assistance for containment when: (1) costs are projects at over $200,000 unless the Administrator determines that it is the least costly method; and (2) the uncontrolled hazardous waste disposal site is owned by a State or a political subdivision of a State. Sets forth the percentage of costs of containment the Administrator must pay under specified circumstances and the matching funds the State or political subdivision must provide. States that the State or political subdivision must bear the cost of any remedial measures it chooses to take instead of the least cost containment, as determined by the Administrator. Authorizes the Administrator to reimburse the State for containment costs up to the amount of the Federal share in lieu of providing for or arranging containment himself. Authorizes the Administrator to provide for complete or partial waste transport, storage, destruction, or treatment and redisposal if he determines that such actions are the least costly means of containment. Authorizes the Administrator to conduct activities for two or more uncontrolled hazardous waste sites at a centralized location, unless the costs are prohibitive. Empowers the Administrator to enforce the terms of a containment contract in any court or to recover from the State or political subdivision the costs of maintaining such containment and the State and local matching shares of the costs of containment at that site. Authorizes the Administrator to provide technical and legal assistance in connection with the administration or enforcement of any contract concerning emergency assistance or containment where a State or political subdivision is acting on behalf of the Administrator. Directs the Executive to revise and republish the National Contingency Plan for the removal of oil and hazardous substances to reflect changes made by this title. Directs the Executive to hold public hearings on the National Uncontrolled Hazardous Waste Disposal Site Response Plan, such plan to include: (1) methods of discovering and investigating such sites; (2) methods for valuating and containing releases and threats of releases from such sites which pose substantial danger to public health or the environment; (3) methods and criteria for determining the appropriate extent of emergency assistance, containment, and other measures authorized by this title; (4) appropriate roles and responsibilities for Federal, State, and local governments in effectuating the Plan; (5) provision for identification, procurement, maintenance, and storage of response equipment and supplies; and (6) a method for and assignment of responsibility for reporting the existence of uncontrolled hazardous waste disposal sites which may be located on federally-owned or controlled properties and any releases of hazardous substances from such sites. Makes the revised National Contingency Plan the standard for the removal of oil and hazardous substances and for minimizing the damage from such substances. Authorizes the Executive to issue regulations, consistent with the Plan, Maritime safety, marine and navigation laws: (1) establishing methods and procedures for removal of released oil and hazardous substances; (2) establishing criteria for the development and implementation of local and regional oil and hazardous substance removal contingency plans; (3) establishing procedures, methods, and equipment to prevent release of oil and hazardous substances from vessels or facilities, and to contain such releases; and (4) governing the inspection of vessels carrying cargoes of oil or hazardous substances to reduce the likelihood of release. Establishes civil penalties for the violation of such regulations, with specified exemptions. Sets forth procedures and criteria for determining the amount of such penalties. Authorizes the United States, in the event of a marine disaster creating a substantial threat of pollution and endangering the public health or welfare to: (1) coordinate and direct all public and private efforts directed at the removal or elimination of such threat; and (2) summarily remove, and if necessary, destroy such vessel. Provides compensation for expenses thus incurred. Authorizes the Attorney General, at the request of the Executive, to seek relief in U.S. district court whenever the Executive determines there may be an actual or threatened release of oil or a hazardous substance from a facility or an uncontrolled hazardous waste disposal site. Makes the owner and operator of a private vessel or of a facility which is the source or threatened source of pollution jointly and severally liable for all damages resulting from the pollution or the threat of pollution. Sets forth monetary limitations on such persons' liability except when the pollution or threat thereof is caused in whole or in part by: (1) willful misconduct or gross negligence within the privity or knowledge of such owner or operator; or (2) violation of applicable regulations of the Federal Government and health and safety standards. Excepts owners or operators who fail to furnish the notice of a hazardous substance release as required by this Act or who fail or refuse to provide reasonable cooperation and assistance as requested in furtherance of cleanup and removal from such limitations. Makes the owner or operator of an uncontrolled hazardous waste disposal site, or any other person who caused or contributed to the release of a hazardous substance from such site jointly and severally liable for all costs of emergency assistance and containment, with specified exceptions. Requires all owners and operators of vessels carrying oil or hazardous substances and owners and operators of facilities used for oil transportation, production, processing or storage to furnish evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Imposes civil penalties on such owners and operators for failure to comply with such requirements. Directs the Executive to conduct a study to determine the availability of private insurance protection for such vessel and facility owners and operators at competitive rates. Establishes in the Treasury of the United States an Oil and Hazardous Substances Liability Fund for the purpose of paying for removal and containment of hazardous substances, emergency assistance, compensation of claims, and administrative and personnel costs of the Federal Government incident to the administration of this title. Enumerates the sources of the moneys to be deposited in such Fund, including fees on owners of facilities receiving oil, and on suppliers of petrochemical feedstocks, and specified inorganic elements and compounds. Authorizes the appropriation to such Fund of up to $50,000,000 in fiscal year 1981, $75,000,000 in fiscal year 1982, and $100,000,000 for each of fiscal years 1983 and 1984. Directs the Secretary of the Treasury, in consultation with the Secretary of Transportation, to invest up to $50,000,000 of the Fund in public debt securities. Lists the types of injuries which may be compensated under this Act and the potential claimants who have standing to assert claims involving such damages. Directs the Administrator to establish a priority system for responding to releases or threats of release from uncontrolled hazardous waste disposal sites. Specifies procedures whereby the Executive shall designate and advertise pollution sources. Sets forth procedures for the disposition and appeal of claims submitted to the fund. Stipulates that final orders of the Executive on claims shall not be subject to judicial review. Authorizes the Fund to intervene in any claims action as a cause of right. Subrogates any person or government entity, including the Fund, which pays compensation for damages to all rights, claims, and causes of action of a claimant. Specifies procedures for and the measure of recovery in actions brought by the Fund against owners or guarantors of alleged pollution sources. Grants jurisdiction to the United States district courts over all controversies arising under this Act. Authorizes judicial review of any regulation issued under this Act only in the United States Circuit Court of Appeals for the District of Columbia. Excludes from such jurisdictional provisions controversies or other matters involving the assessment or collection of fees or regulations issued under the Internal Revenue Code of 1954. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss resulting from oil or hazardous substance pollution, except that States shall not be precluded from establishing liability funds or liability limits, setting financial responsibility requirements, or imposing any taxes or fees for losses or costs not compensated by this Act. Authorizes the President to delegate and assign duties or powers imposed upon him by the Executive and to promulgate necessary regulations. Sets forth reporting requirements and effective dates, and makes conforming amendments to the Trans-Alaska Pipeline Authorization Act, the Intervention on the High Seas Act, the Federal Water Pollution Control Act, and the Outer Continental Shelf Lands Act.

Solid Waste Hazard Removal Act of 1979

United States · United States Congress · 20 June 1979

Solid Waste Hazard Removal Act of 1979 - Amends the Solid Waste Disposal Act to require the payment of a fee by a generator of any hazardous waste identified or listed under such Act. Directs the Administrator of the Environmental Protection Agency (EPA) to issue regulations identifying toxicity levels of each hazardous waste identified or listed under such Act and establishing fee scales payable by generators of such wastes. Terminates the fee payment provisions of this Act six years after the effective date of such regulations. Directs the Administrator to issue regulations requiring former and present owners and operators of specified hazardous waste treatment, storage, or disposal facilities to file with the Administrator notification of the facility location, a description of the activity at such facility, and the identity and amount of each hazardous waste handled at such facility. Imposes criminal penalties for failure to file such notification. Authorizes the Administrator to inspect any facility for which notification is required and examine the facility's records to determine the existence of any hazardous waste presenting a substantial endangerment to life. Directs the Administrator to submit to the Hazardous Waste Response Board a report of such determination and directs such Board to prepare and submit to the Administrator for implementation a plan for the removal of the endangerment to life presented by such waste. Establishes the Hazardous Waste Response Board in the executive branch. Authorizes the Administrator to detail EPA personnel to assist such Board upon request. Sets forth the functions of such Board, and authorizes the Board to issue subpenas for the purposes of conducting and hearings held by the Board. Establishes in the United States Treasury a revolving fund into which fees collected pursuant to this Act shall be paid and authorizes the Administrator to use such fees to implement hazardous waste removal plans submitted by the Board. Prohibits the use of appropriated funds for implementing such plans. Prohibits States having hazardous waste programs from carrying out programs in lieu of the Federal program authorized by this Act. Makes technical and conforming amendments to the Solid Waste Disposal Act. Prohibits citizen suits from being brought for violation of, or failure by the Administrator or the Board to perform any act or duty under, this Act.

A bill to amend the Clean Air Act to postpone for one year the application of certain restrictions to areas which have failed to attain national ambient air quality standards and to delay for one year the date required for adoption and submission of State implementation plans applicable to these areas, and for other purposes.

United States · United States Congress · 19 June 1979

Amends the Clean Air Act to postpone for one year the application of certain restrictions to areas which have failed to attain national ambient air quality standards and to delay for one year the date required for adoption and submission of State implementation plans applicable to these areas.

A bill to require foreign ships carrying nuclear waste material which enter ports in the United States to provide prior notification to the Nuclear Regulatory Commission, and for other purposes.

United States · United States Congress · 19 June 1979

Amends the Ports and Waterways Safety Act to direct the Secretary of Commerce, in consultation with the Nuclear Regulatory Commission, to promulgate regulations which require foreign vessels carrying nuclear waste material to notify the Commission prior to entry into a port in the United States. Directs the Commission to promptly transmit such notice to the Governor of the State in which such port is located.

A bill to amend the Atomic Energy Act of 1954, as amended, to authorize and direct the Secretary of Energy to enter into formal arrangements with a State to provide for State concurrence in the planning, siting, development, construction and operation of specified radioactive waste storage and disposal facilities, and for other purposes.

United States · United States Congress · 18 June 1979

Amends the Atomic Energy Act of 1954 to direct the Secretary of Energy to notify the Governor and State legislature, or the Tribal Council of any affected Indian tribe, of the Department of Energy's intent to explore a site for a radioactive waste storage or disposal facility to be selected within such State or tribal lands. Directs the Secretary, upon request from the Governor of any State so notified, to enter into negotiations for formal arrangements under which the State will have the right to concur or not concur in all stages in the planning, siting, development, construction, and operation of the proposed facility. Makes such arrangements binding on all Federal agencies. Prohibits the Secretary from commencing or contracting for any construction work for such a storage or disposal facility until such formal arrangements have been made.

A bill to provide that major stationary sources complying with all applicable emission limitations and standards of performance established pursuant to the Clean Air Act shall not be subject to any more stringent limitations or standards for a period of ten years.

United States · United States Congress · 18 June 1979

Amends the Clean Air Act to prohibit, for a ten-year period, subjection to any more stringent emission limitation or standard of performance of: (1) any existing major stationary source which comes into compliance with all emission limitations in the applicable implementation plan; or (2) any new or modified major stationary source the construction or modification of which meets all applicable emission limitations and standards of performance. Sets such ten-year period to run from the date of completion of such compliance, construction, or modification, or during the period of depreciation or amortization of such facility for Internal Revenue Code purposes, whichever period ends first. Exempts from the application of this Act any source to which a substantial imminent threat to public health can be attributed, as determined by the Administrator of the Environmental Protection Agency.

A bill to amend the Safe Drinking Water Act, and for other purposes.

United States · United States Congress · 18 June 1979

Amends the Safe Drinking Water Act to exempt from applicable Federal regulations any State having in effect a law, rule, or regulation applicable to underground injection control related to the production or recovery of oil or natural gas unless the Administrator of the Environmental Protection Agency finds that such law, rule, or regulation fails to protect underground sources of drinking water. Provides that any State for which such finding is made may amend its law, rule, or regulation in order to benefit from such exemption where approved by the Administrator. Exempts from the underground injection well permit requirements any State having in effect such law, rule, or regulation approved by the Administrator. Exempts from the administrative procedure and judicial review requirements of the United States Code any action relating to national interim primary drinking water regulations, revised national primary drinking water regulations, and State underground injection control program regulations, except as expressly provided by this Act. Directs the Administrator to establish a docket for such actions, and sets forth notice and public and agency commenting requirements for any proposed rulemaking. Sets forth procedures and other requirements for promulgating rules concerning drinking water regulations, and establishes procedures for judicial review of such actions. Amends the definition of "primary drinking water regulation". Revises the standard for the promulgation of primary drinking water regulations. Makes technical and conforming amendments to such Act. Requires any State having primary enforcement responsibility to submit notice to the Administrator that its public water system supervision program conforms to any revision or amendment to any national primary drinking water regulation made by the Administrator. States that failure to submit such notice shall be grounds for withdrawal of State primary enforcement responsibility. Amends such Act to authorize a State having such enforcement responsibility to exempt from maximum contaminant level requirements or treatment technique requirements any public water system not having any reasonable alter native source of drinking water available. Revises the dates for compliance by public water systems with contaminant level and treatment technique requirements. Extends the effective date for State underground injection control regulations approved by the Administrator. Authorizes the waiver of the prohibition against State grants being made for any period beginning more than one year after the date of a State's first grant having been made for a period of 18 months after the effective date of any amendment or revision of the national primary drinking water regulations if the State has assumed primary enforcement responsibility and is making diligent efforts to comply with such amendment or revision. Prohibits the Administrator from making grants to any State unless the State has assumed primary enforcement responsibility within two years after the Administrator promulgates State underground injection control program regulations.

Oil, Hazardous Substances, and Hazardous Waste Response, Liability, and Compensation Act of 1979

United States · United States Congress · 14 June 1979

Oil, Hazardous Substances, and Hazardous Waste Response, Liability, and Compensation Act of 1979 - Amends the Solid Waste Disposal Act to grant subpoena power to the Administrator of the Environmental Protection Agency and the Attorney General for purposes of administering or enforcing the hazardous waste management provisions of such Act. Amends the Federal Water Pollution Control Act to add a new title VI, "Oil, Hazardous Substances, and Hazardous Response, Liability, Compensation, and Fund." Directs the Administrator to revise and promulgate regulations which designate certain substances as hazardous. Directs the Administrator to determine the quantities of oil and any hazardous substance which would be harmful to the public health or safety, or the environment if released. Prohibits the release of such substances in such quantities except: (1) where permitted under the International Convention for the Prevention of Pollution of the Sea by Oil or other international agreements; or (2) where permitted by regulation. Requires any person in charge of a vessel or facility who has knowledge of any release of oil or hazardous substance from such vessel or facility to notify the United States Government immediately. Establishes criminal penalties for failure to provide notice of a release of such substances. Requires any person who may be subject to liability for an uncontrolled hazardous waste disposal site to notify the Administrator of the location and risk of release of hazardous substances from such site within a specified time period. Eliminates the limitation of liability otherwise provided in this title for persons who fail to provide such notice. Empowers the Administrator, in the event of a release, to deduct reasonable costs from the liability of any person who acts to remove, mitigate, or lessen the likelihood of a release. Prohibits the destruction or concealment by anyone subject to the notification provisions of this Act of any records relating to an uncontrolled hazardous waste disposal site. Subjects owners or operators of onshore or offshore facilities and vessels to civil penalties in the event of any release of hazardous substances from such facility or vessel. Sets forth procedures and considerations involved in the imposition of such penalties, including the good faith effort of the owner or operator in preventing the release and in mitigating its effects. Stipulates that any costs of removal incurred in connection with such a release shall be recoverable from the owner or operator of the source of the release, and deposited in the Oil and Hazardous Substances Liability Fund. Authorizes the Executive (defined as the head of any Federal agency or department delegated or assigned duties by the President pursuant to this Act) to remove or arrange for the removal of any substances released which may present an imminent and substantial danger to the public health or welfare unless it is determined that the removal will be properly done by the owner or operator of the source of the release. Directs the Administrator to terminate such removal action if it is determined that the source of the release is an uncontrolled hazardous waste disposal site. Authorizes the Administrator to supply emergency assistance and containment whenever any hazardous substance is or appears about to be released, provided the State in which the site is located first provides for or assures: (1) the maintenance of containment and the payment of containment costs within one year of containment, continuing for the life of the containment or 19 years, whichever is less; and (2) the availability of an acceptable hazardous waste disposal facility for any necessary offsite storage, destruction, treatment, or redisposal of the hazardous substances. Limits Federal emergency assistance for containment when: (1) costs are projects at over $200,000 unless the Administrator determines that it is the least costly method; and (2) the uncontrolled hazardous waste disposal site is owned by a State or a political subdivision of a State. Sets forth the percentage of costs of containment the Administrator must pay under specified circumstances and the matching funds the State or political subdivision must provide. States that the State or political subdivision must bear the cost of any remedial measures it chooses to take instead of the least cost containment, as determined by the Administrator. Authorizes the Administrator to reimburse the State for containment costs up to the amount of the Federal share in lieu of providing for or arranging containment directly. Authorizes the Administrator to provide for complete or partial waste transport, storage, destruction, or treatment and redisposal if he determines that such actions are the least costly means of containment. Authorizes the Administrator to conduct activities for two or more uncontrolled hazardous waste sites at a centralized location, unless the costs are prohibitive. Empowers the Administrator to enforce the terms of a containment contract in any court or to recover from the State or political subdivision the costs of maintaining such containment and the State and local matching shares of the costs of containment at that site. Authorizes the Administrator to provide technical and legal assistance in connection with the administration or enforcement of any contract concerning emergency assistance or containment where a State or political subdivision is acting on behalf of the Administrator. Directs the Executive to revise and republish the National Contingency Plan for the removal of oil and hazardous substances to reflect changes made by this title. Directs the Executive to hold public hearings on the National Uncontrolled Hazardous Waste Disposal Site Response Plan, such plan to include: (1) methods of discovering and investigating such sites; (2) methods for evaluating and containing releases and threats of releases from such sites which pose substantial danger to public health or the environment; (3) methods and criteria for determining the appropriate extent of emergency assistance, containment, and other measures authorized by this title; (4) appropriate roles and responsibilities for Federal, State, and local governments in effectuating the Plan; (5) provision for identification, procurement, maintenance, and storage of response equipment and supplies; and (6) a method for and assignment of responsibility for reporting the existence on federally-owned or-controlled properties and any releases of hazardous substances from such sites. Makes the revised National Contingency Plan the standard for the removal of oil and hazardous substances and for minimizing the damage from such substances. Authorizes the Executive to issue regulations, consistent with the Plan, maritime safety, marine and navigation laws: (1) establishing methods and procedures for removal of released oil and hazardous substances; (2) establishing criteria for the development and implementation of local and regional oil and hazardous substance removal contingency plans; (3) establishing procedures, methods, and equipment to prevent release of oil and hazardous substances from vessels or facilities, and to contain such releases; and (4) governing the inspection of vessels carrying cargoes of oil or hazardous substances to reduce the likelihood of release. Establishes civil penalties for the violation of such regulations, with specified exemptions. Sets forth procedures and criteria for determining the amount of such penalties. Authorizes the United States, in the event of a marine disaster creating a substantial threat of pollution and endangering the public health or welfare to: (1) coordinate and direct all public and private efforts directed at the removal or elimination of such threat; and (2) summarily remove, and if necessary, destroy such vessel. Provides compensation for expenses incurred. Authorizes the Attorney General, at the request of the Executive, to seek relief in U.S. district court whenever the Executive determines there may be an actual or threatened release of oil or a hazardous substance from a facility or an uncontrolled hazardous waste disposal site. Makes the owner and operator of a private vessel or of a facility which is the source or threatened source of pollution jointly and severally liable for all damages resulting from the pollution or the threat of pollution. Sets forth monetary limitations on such persons' liability except when the pollution or threat thereof is caused in whole or in part by: (1) willful misconduct or gross negligence within the privity or knowledge of such owner or operator; or (2) violation of applicable regulations of the Federal Government and health and safety standards. Excepts owners or operators who fail to furnish the notice of a hazardous substance release as required by this Act or who fail or refuse to provide reasonable cooperation and assistance as requested in furtherance of cleanup and removal from such limitations. Makes the owner or operator of an uncontrolled hazardous waste disposal site, or any other person who caused or contributed to the release of a hazardous substance from such site, jointly and severally liable for all costs of emergency assistance and containment, with specified exceptions. Requires all owners and operators of vessels carrying oil or hazardous substances and owners and operators of facilities used for oil transportation, production, processing or storage to furnish evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Imposes civil penalties on such owners and operators for failure to comply with such requirements. Directs the Executive to conduct a study to determine the availability of private insurance protection for such vessel and facility owners and operators at competitive rates. Establishes in the Treasury of the United States an Oil and Hazardous Substances Liability Fund for the purpose of paying for removal and containment of hazardous substances, emergency assistance, compensation of claims, and administrative and personnel costs of the Federal Government incident to the administration of this title. Enumerates the sources of the moneys to be deposited in such Fund, including fees on owners of facilities receiving oil, and on suppliers of petrochemical feedstocks, and specified inorganic elements and compounds. Authorizes the appropriation to such Fund of up to $50,000,000 in fiscal year 1981, $75,000,000 in fiscal year 1982, and $100,000,000 for each of fiscal years 1983 and 1984. Directs the Secretary of the Treasury, in consultation with the Secretary of Transportation, to invest up to $50,000,000 of the Fund in public debt securities. Lists the types of injuries which may be compensated under this Act and the potential claimants who have standing to assert claims involving such damages. Directs the Administrator to establish a priority system for responding to releases or threats of release from uncontrolled hazardous waste disposal sites. Specifies procedures whereby the Executive shall designate and advertise pollution sources. Sets forth procedures for the disposition and appeal of claims submitted to the Fund. Stipulates that final orders of the Executive on claims shall not be subject to judicial review. Authorizes the Fund to intervene in any claims action as a cause of right. Subrogates any person or government entity, including the Fund, which pays compensation for damages, to all rights, claims, and causes of action of a claimant. Specifies procedures for and the measure of recovery in actions brought by the Fund against owners or guarantors of alleged pollution sources. Grants jurisdiction to the United States district courts over all controversies arising under this Act. Authorizes judicial review of any regulation issued under this Act only in the United States Circuit Court of Appeals for the District of Columbia. Excludes from such jurisdictional provisions controversies or other matters involving the assessment or collection of fees or regulations issued under the Internal Revenue Code of 1954. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss resulting from oil or hazardous substance pollution, except that States shall not be precluded from establishing liability funds or liability limits, setting financial responsibility requirements, or imposing any taxes or fees for losses or costs not compensated by this Act. Authorizes the President to delegate and assign duties or powers imposed upon him by the Executive and to promulgate necessary regulations. Sets forth reporting requirements and effective dates, and makes conforming amendments to the Trans-Alaska Pipeline Authorization Act, the Intervention on the High Seas Act, the Federal Water Pollution Control Act, and the Outer Continental Shelf Lands Act.

Proposal for a COUNCIL DIRECTIVE on the limit values applicable to discharges of mercury into the aquatic environment by the chlor-alkali electrolysis industry#Proposal for a COUNCIL DIRECTIVE on the quality objectives for the aquatic environment into which mercury is discharged by the chlor-alkali electrolysis industry (submitted to the Council by the Commission)

European Union · European Commission · 14 June 1979

A bill to amend the Federal Water Pollution Control Act to provide an additional allotment of funds to certain States, and for other purposes.

United States · United States Congress · 13 June 1979

Amends the Federal Water Pollution Control Act to grant an additional allotment of funds for the construction of publicly owned waste treatment works to any State which has obligated 90 percent or more of the funds previously allotted to it for such purpose by March 31 of any fiscal year. Makes such additional funds available for the fiscal year for which such funds were authorized, and for the succeeding 12 months. Provides that any funds unobligated at the end of such period be allotted equally among the other States. Makes adjustments in the amount of additional funds allocated for a State where funds previously authorized proved inadequate. Authorizes appropriations for such additional funds. Sets the amount of funds authorized to be reserved each fiscal year to two percent of the amount authorized to be appropriated for allotments to States under this program. Makes funds allotted to the States for fiscal years 1978 and 1979 available for the next succeeding 24 months. Provides for the reallotment of funds not obligated at the end of such period to all States except those which failed to obligate any of the funds being realloted. Stipulates that such realloted funds be in addition to those otherwise allotted to such State for grants under this program.

A bill to amend the Federal Water Pollution Control Act to provide an additional allotment of funds to certain States, and for other purposes.

United States · United States Congress · 13 June 1979

Amends the Federal Water Pollution Control Act to grant an additional allotment of funds for the construction of publicly owned waste treatment works to any State which has obligated 90 percent or more of the funds previously allotted to it for such purpose by March 31 of any fiscal year. Makes such additional funds available for the fiscal year for which such funds were authorized, and for the succeeding 12 months. Provides that any funds unobligated at the end of such period be allotted equally among the other States. Makes adjustments in the amount of additional funds allocated for a State where funds previously authorized proved inadequate. Authorizes appropriations for such additional funds. Sets the amount of funds authorized to be reserved each fiscal year to two percent of the amount authorized to be appropriated for allotments to States under this program. Makes funds allotted to the States for fiscal year 1978 available for the next succeeding 24 months. Provides for the reallotment of funds not obligated at the end of such period to all States except those which failed to obligate any of the funds being reallotted. Stipulates that such reallotted funds be in addition to those otherwise allotted to such State for grants under this program.

A bill to require 15 days notification to the Governor of any State prior to transporting nuclear waste to, through, or across the State.

United States · United States Congress · 13 June 1979

Directs the Nuclear Regulatory Commission to promulgate regulations requiring 15 days notification to the Governor of any State prior to the transportation of nuclear waste to, through, or across such State.

Hazardous Waste Post-Closure Liability Act

United States · United States Congress · 12 June 1979

Hazardous Waste Post-Closure Liability Act - Prohibits actions for damages arising from a hazardous waste incident from being brought in any Federal, State, or local court except as provided by this Act, and prohibits mandatory contributions to any insurance fund or other fund providing compensation to any person or for any claims which are subject to compensation under this Act. Establishes in the United States Treasury a Hazardous Waste Post-Closure Liability Fund to be constituted from annual nationally-uniform premiums collected from operators of hazardous waste management facilities based upon the amount of hazardous waste received by each such facility. Sets the maximum level of such Fund at $200,000,000 and the minimum level thereof at $100,000,000. Subjects persons to prosecution under the Solid Waste Disposal Act for falsifying records required to be maintained under this Act. Stipulates that failure to pay such premium shall be deemed to constitute failure to establish financial responsibility as required by this Act. Authorizes the Secretary of the Treasury to invest and reinvest any excess in the fund in interest-bearing special obligations of the United States. Authorizes the Secretary to issue notes or other obligations to make up any insufficiency of moneys available in the Fund to meet its obligations. States that the Fund shall be available to satisfy claims asserted against owners, operators, or guarantors of hazardous waste facilities in operation or following certification of proper closure and stipulates that claims for damages arising out of a hazardous waste incident which is asserted under Federal or State law shall only be asserted under this Act. Authorizes the Fund to sue and collect from such persons any sums distributed by it pursuant to this Act where it can be established that the damages were caused solely by a knowing or willful violation of any Federal, State, or local standard or condition. Requires operators of hazardous waste management facilities to establish and maintain financial responsibility sufficient to satisfy claims for damages arising from hazardous waste incidents up to $5,000,000. Requires any person in charge of a hazardous waste management facility to notify the Administrator of the Environmental Protection Agency and the Secretary in the event of any hazardous waste incident. Directs the Secretary to issue regulations establishing procedures for the appraisal of any claim against the Fund. States that the Fund shall be liable only for damages claimed in excess of the limitations on financial responsibility set forth in this Act. Sets forth requirements for establishing liability of the Fund. Grants to the United States district courts exclusive jurisdiction for any action brought under this Act against the Fund. Directs the Administrator to issue regulations requiring owners and operators of hazardous waste management facilities to establish and maintain a fund sufficient to cover any costs incurred in the proper closure of such facilities and any post-closure activities necessary to prevent hazardous waste incidents. Requires the Administrator to inspect hazardous waste management facilities within three years of the permanent closure of any such facilities for compliance with the Solid Waste Disposal Act, and directs the Administrator to certify that the facility has been properly closed should he determine that there is no substantial risk of a hazardous waste incident occurring at such facility. Sets forth requirements for such certification. States that final decisions of the Administrator made under this Act shall be entitled to judicial review.

A bill to amend the Federal Water Pollution Control Act, as amended.

United States · United States Congress · 12 June 1979

Amends the Federal Water Pollution Control Act to provide that sums allotted to the States by the Administrator of the Environmental Protection Agency for fiscal year 1978 and subsequent fiscal years shall remain available for the fiscal year authorized and for the succeeding 24 months.

A bill to require the Secretary of Energy to establish technical specifications for the permanent storage of spent fuel from nuclear reactors before initiating any in-house feasibility studies or negotiations with foreign nations regarding storage of spent fuel from any foreign reactor.

United States · United States Congress · 6 June 1979

Prohibits the Departments of State and of Energy, and any other agency or instrumentality of the United States, from initiating any in-house feasibility studies or negotiations with foreign nations for the storage within the United States (including any territory or possession) of spent fuel from any foreign nuclear reactor until the Secretary of Energy has established, and published in the Federal Register, the technical specifications which will apply to the permanent storage of spent fuel from nuclear reactors.

A bill to prohibit the Environmental Protection Agency from promulgating any new rules or regulations before June 1, 1981, to prevent any EPA enforcement actions which would result in the closing of any facilities before June 1, 1981, without Congressional approval, and for other purposes.

United States · United States Congress · 6 June 1979

Declares a moratorium on rules and regulations of the Environmental Protection Agency, denying any force or effect to any final rules promulgated after June 1, 1979, and before June 1, 1981. Stipulates that any rule or regulation of the Agency promulgated on or before June 1, 1979, shall cease to have any force and effect upon disapproval by either House of Congress. Prohibits the Administrator from taking any enforcement action against any person for failure to comply with any standard or requirement of the Agency when such person submits proof that such compliance will require the closing of all or part of any facility owned or operated by him, unless both Houses of Congress have by resolution approved such enforcement action. Requires the Committee on Merchant Marine and Fisheries and on Interstate and Foreign Commerce to report to the House of Representatives by January 1, 1981, the results of a complete and comprehensive review of all laws, rules, and regulations enforced by the Agency to determine the impact and extent to which such laws, rules, and regulations have contributed to, or exacerbated, the current energy crisis.

Hazardous Waste Emergency Cleanup Act

United States · United States Congress · 5 June 1979

Hazardous Waste Emergency Cleanup Act - Directs the Administrator of the Environmental Protection Agency to establish a program for the cleanup of any hazardous waste disposal site that poses an imminent threat to human health or safety if the owner of such site is unable or unwilling to properly carry out such a cleanup, or cannot be found. Requires such a program to include all measures necessary to remove any imminent threat to human health or safety, including removal of hazardous wastes to proper treatment, storage, or disposal facilities meeting the standards determined under the Solid Waste Disposal Act. Directs the Administrator to make funds available to any State which has an equivalent or more thorough program, in lieu of carrying out the Federal program in such State. Requires the Administrator to pursue any remedy available for the recovery of amounts expended under this Act from any person who may be liable for payment of the costs so incurred. Requires any State receiving funds for its cleanup program to repay the Administrator a pro rata share of any amounts it similarly recovers. Reserves $65,000,000 of Agency appropriations for fiscal year 1980 for such cleanup program.

An original resolution authorizing supplemental expenditures by the Committee on Environment and Public Works for inquiries and investigations.

United States · United States Congress · 24 May 1979

Authorizes supplemental expenditures by the Senate Committee on Environment and Public Works for inquiries and investigations.

A bill to repeal Section 125 of the Clean Air Act.

United States · United States Congress · 23 May 1979

Amends the Clean Air Act to repeal provisions which authorize the President and the Governor of any State to require a fuel burning facility to use locally available coal or coal derivatives in order to minimize regional economic dislocation resulting from compliance with such Act. Rescinds any regulation promulgated under such provisions. Declares that contracts entered into in order to implement such provisions shall remain in effect.

Integrated Environmental Assistance Act of 1979

United States · United States Congress · 23 May 1979

Integrated Environmental Assistance Act of 1979 - States that the objective of this Act is to provide a mechanism to encourage recipients of assistance under programs administered by the Environmental Protection Agency (EPA) to design integrated environmental programs tailored to their specific needs which will result in a more effective and efficient method of dealing with interrelated environmental problems. Authorizes the Administrator of EPA to award assistance to support proposals intended to meet such objective. Sets forth requirements for approval of such integrated environmental programs, including the requirement that an integrated environmental plan address the objectives of at least two programs covered by EPA categorical grants. Provides that in the event an integrated environmental plan is not acceptable, the applicant is still permitted to apply for categorical assistance for the particular program. Requires the Governor of a State and the chief executive officer of a local government to sign integrated assistance applications to assure high level support and involvement in program integration. Authorizes the Administrator to award integrated assistance in lieu of categorical assistance. Limits the use of such integrated assistance funds. Limits the number of States and local governments which may participate in such program. Authorizes EPA to directly award integrated assistance to local governments and interstate agencies when the State either does not apply for integrated assistance or does not make adequate provision for the local government or interstate agency. Directs the States to consult with local governments during the process of developing such program plans. Authorizes the Administrator to permit applicants flexibility in proposing to transfer funds among the covered programs in their approved plans, with specified limitations. Allows each applicant for integrated assistance to compete with others for supplementary assistance for nonrecurring projects which are innovative, of special national significance, or which address other special environmental needs. Sets forth administrative provisions relating to unobligated sums and maintenance of effort. Authorizes the appropriation of $25,000,000 for supplementary assistance for fiscal year 1980 and authorizes appropriations of necessary sums for each of fiscal years 1981-1984, in addition to funds authorized to be appropriated under the covered programs. Authorizes the Administrator to detail EPA personnel to a recipient to assist in carrying out approved integrated program plan. Terminates this Act on September 30, 1984. Directs the Administrator to report to the Congress on such integrated assistance programs, including an evaluation of such programs and recommendations concerning their continuation.

A bill to amend the National Environmental Policy Act of 1969 to provide for a statute of limitations with respect to judicial review of environmental impact statements.

United States · United States Congress · 23 May 1979

Amends the National Environmental Policy Act of 1969 to require that actions for judicial review of any final detailed environmental impact statement be filed in a court of competent jurisdiction within a statute of limitations of 180 days after the date on which such final statement is published in the Federal Register.

A bill to amend the Federal Water Pollution Control Act to provide an additional allotment of funds to certain States, and for other purposes.

United States · United States Congress · 16 May 1979

Amends the Federal Water Pollution Control Act to grant an additional allotment of funds for the construction of publicly owned waste treatment works to any State which has obligated 90 percent or more of the funds previously allotted to it for such purpose by March 31 of any fiscal year. Makes such additional funds available for the fiscal year for which such funds were authorized, and for the succeeding 12 months. Provides that any funds unobligated at the end of such period be allotted equally among the other States. Makes adjustments in the amount of additional funds allocated for a State where funds previously authorized proved inadequate. Authorizes appropriations for such additional funds. Sets the amount of funds authorized to be reserved each fiscal year to two percent of the amount authorized to be appropriated for allotments to States under this program. Makes funds allotted to the States for fiscal year 1978 available for the next succeeding 24 months. Provides for the reallotment of funds not obligated at the end of such period to all States except those which failed to obligate any of the funds being reallotted. Stipulates that such reallotted funds be in addition to those otherwise allotted to such State for grants under this program.

A joint resolution to authorize and request the President to issue a proclamation designating the week of May 20 through May 26, 1979, as "National Oceans Week".

United States · United States Congress · 16 May 1979

Authorizes the President to issue a proclamation designating May 20 through May 26, 1979 as "National Oceans Week."

An original bill to amend the Hazardous Materials Transportation Act to authorize appropriations for fiscal year 1980.

United States · United States Congress · 15 May 1979

Amends the Hazardous Materials Transportation Act to authorize appropriations for fiscal year 1980 to carry out the provisions of such Act.

A bill to reauthorize Title I of the Marine Protection, Research, and Sanctuaries Act, and for other purposes.

United States · United States Congress · 15 May 1979

Amends the Marine Protection, Research, and Sanctuaries Act to authorize appropriations through fiscal year 1982 for the regulation of ocean dumping and the regulation of transportation of materials to be dumped. Authorizes the Administrator of the Environmental Protection Agency to conduct a study on methods for removal of heavy metals and other toxic organic materials from the sewage sludge of the City of New York.

Solid Waste Disposal Act Amendments of 1980

United States · United States Congress · 15 May 1979

Solid Waste Disposal Act Amendments of 1979 - Amends the Solid Waste Disposal Act to redefine the terms "open dump" and "recovered materials." Allows the Administrator of the Environmental Protection Agency (EPA) to delegate to other agencies the power to enforce solid waste disposal regulations where such delegation would prevent unnecessary duplication of enforcement efforts. Adds a specific dollar limitation on the authorized appropriations which may be used for purposes of the Resource Recovery and Conservation Panels. Sets forth a minimum amount of the total amount appropriated under this Act which must be used for support to State, regional, local, and interstate agencies for the development and implementation of Solid Waste Plans. Suspends, for a minimum of 24 months, regulations on disposal of drilling fluids, produced waters, and other wastes associated with the exploration, development, and production of crude oil or natural gas, provided that existing State or Federal programs provide mechanisms for obtaining certain information or disposal sites which are to be closed. Stipulates that such suspension will apply until the Congress acts affirmatively to endorse any proposed EPA regulations which are recommended as necessary in the study of such wastes required by this Act. Expands the standards applicable to generators of hazardous waste requiring that such generators be responsible for assuring the arrival of wastes at an appropriate facility. Authorizes the Administrator to distinguish between new facilities and facilities in existence on the date of promulgation of regulations related to performance standards for hazardous waste treatment, storage, and disposal facilities. Permits hazardous waste facilities coming into existence between the date of enactment of the Solid Waste Disposal Act of 1976 and the date of final promulgation of regulations on identification and listing of hazardous waste and performance standards to qualify for "interim status" with respect to permit requirements. Expands the Administrator's authority to request information or examine the records of a person handling solid waste. Extends EPA's access, entry, and inspection authority to persons or sites which have handled hazardous waste in the past but are not presently doing so. Authorizes EPA contractors as well as officers and employees to obtain samples, perform inspections, and examine records at hazardous waste facilities. Imposes a fine of up to $5,000 and possible imprisonment on any person who knowingly and willfully discloses any information entitled to confidential treatment under the inspection of records provisions of the Solid Waste Disposal Act. Amends the enforcement provisions of such Act to impose a civil penalty of up to $25,000 per day for each violation of the provisions of such Act dealing with hazardous wastes. Authorizes the Administrator to issue an order suspending or revoking an operating permit in any compliance order issued under such Act. Modifies the authorization provisions of such Act to include the use of funds for programs to protect health and the environment from hazardous waste disposal sites or facilities no longer in operation. Provides that both States and local governments may enter into long-term contracts for the operation of hazardous waste disposal facilities or for securing long-term markets for material and energy recovered from such facilities. Prohibits open dumping of solid waste and hazardous waste after promulgation of criteria defining this practice. Requires each Federal procuring agency, to procure products composed of the highest percentage of recovered materials practicable, consistent with maintaining competition, pursuant to guidelines to be promulgated by the Administrator for the use of such agencies. Directs contracting officers to require vendors to certify adherence to contract specifications and requirements with respect to the percentage of recovered materials to be used in performance of the contract and to estimate the percentage of the total material utilized for such performance which is recovered material. Extends from 18 months to five years the deadline for changing procurement specifications to allow use of recovered materials. Requires that such specifications include the use of recovered materials to the maximum extent possible without jeopardizing the intended end use of a procured item. Modifies the components of the procurement guidelines to be issued by the Administrator for the use of procuring agencies in complying with the requirements of such Act. Sets September 30, 1980, as the deadline for the promulgation of guidelines for at least three product categories including paper, and September 30, 1982, for two additional product categories, including construction materials. Authorizes the EPA to seek injunctive relief or to take such other necessary action against any practice presenting a substantial endangerment to health or the environment. Modifies the judicial review provisions of such Act: (1) to permit review of the Administrator's denial of any petition for the promulgation, amendment, or repeal of any regulation under such Act; and (2) to permit review of the Administrator's action (A) in issuing, denying, modifying, or revoking any treatment, storage, or disposal permit; and (B) in granting, denying or withdrawing authorization of State hazardous waste programs. Authorizes the Administrator to subpoena records and compel witness testimony in carrying out such Act. Directs the Administrator to prepare and submit to the Senate Committee on Environment and Public Works and to the House Committee on Interstate and Foreign Commerce a study on: (1) the adverse health and environmental effects, if any, of drilling fluids, produced waters, and other wastes associated with crude oil and natural gas exploration, development, or production; and (2) the adequacy of existing regulatory programs related thereto. Requires the Administrator to prepare a plan for research, development, and demonstration respecting the findings of such study and to submit appropriate recommendations.

Quiet Communities Act

United States · United States Congress · 15 May 1979

Quiet Communities Act - Amends the Noise Control Act of 1972 to cite such Act as the Quiet Communities Act. Authorizes the appropriation of $15,000,000 for fiscal years 1980 and 1981 to carry out the purposes of such Act. Directs the Administrator of the Environmental Protection Agency to develop and submit to the Congress a five-year plan for carrying out the Administrator's authority under such Act. Specifies that the plan shall include: (1) the objectives of each program; (2) the relative priorities among the programs; (3) proposed annual levels of funding; and (4) a timetable of specific actions proposed. States that the plan shall be developed in consultation with State and local governments. Specifies that separate portions of the plan be devoted to noise control research and aircraft and airport noise.