Environment

A bill to amend the Hazardous Materials Transportation Act to authorize appropriations for fiscal year 1985 and for other purposes.

United States · United States Congress · 26 April 1984

Amends the Hazardous Materials Transportation Act to provide that commerce does not include transportation performed in a vehicle, aircraft, or vessel that is owned, operated, or controlled by a governmental entity. Removes the requirement for posting hazardous transportation exemption renewals in the Federal Register. Revises the definition of radioactive materials to provide that the term does not include material which the Secretary of Transportation determines is of such a low order of radioactivity that when transported it does not pose an unreasonable hazard to health or safety. Authorizes the Secretary to contract with a private entity for a supplemental reporting system and data center on the transportation of hazardous substances. Changes from May 1 to June 15 of each year the date for submission of the Secretary's annual report on the transportation of hazardous materials. Declares that Federal laws relating to such transportation shall not apply to any matter subject to Federal postal laws or regulations. Authorizes appropriations for FY 1985 and 1986.

A bill to amend the Federal Water Pollution Control Act to reinstate and reinforce the biological integrity of our Nation's waters.

United States · United States Congress · 25 April 1984

Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to revise provisions relating to research on harmful effects on the health and welfare of persons caused by pollutants in water. Directs the Administrator of the Environmental Protection Agency to conduct such research in conjunction with other Federal, State, and interstate agencies carrying on such research. Requires that such research include, and place special emphasis on, the effect that bioaccumulation of these pollutants has upon reducing the value of aquatic commercial and sport industries. Requires that such research further study methods to reduce and remove these pollutants from the relevant affected aquatic species so as to restore and enhance valuable resources. Authorizes additional appropriations for such research for FY 1985 through 1988. Revises provisions relating to limitations and conditions on grants for the construction of publicly owned water treatment works. Directs the Administrator, before approving grants for proposed treatment works, to determine that: (1) an approved areawide waste treatment management plan is being fully implemented for such area and the proposed treatment works are included in such plan; and (2) the State in which the project is to be located is fully implementing an approved plan under specified provisions for water quality standards, the proposed treatment works are in conformity with such plan, and such State is in compliance with specified provisions for State reports on water quality. Revises provisions for permits under the national pollutant discharge elimination system. Increases from five years to ten years the maximum period such permits may cover, but requires review of each permit after five years to determine whether: (1) the receiving waters of discharges to which such permit applies are in compliance with applicable water quality standards and with any applicable effluent limitation controlling the thermal component of discharges; and (2) the permit is in conformity with applicable plans for areawide waste treatment management and for State implementation of water quality standards. Requires revision of such permit as necessary to: (1) ensure reasonable progress, not inconsistent with a timetable for achievement of water quality objectives, toward compliance of such waters with such standards and of such permit with such plans; and (2) achieve compliance with such limitation within a reasonable period of time by modifying requirements applicable to the thermal component of discharges from the point source in a manner proportionate to the contribution of the point source to the receiving waters (as determined by the Administrator, or if appropriate the State, based upon the findings under specified provisions for identification of areas with insufficient controls and estimation of total maximum daily thermal load). Revises the definition of "point source" to include any leachate collection system. Defines the terms "balanced, indigenous community," "balanced, indigenous population," and "balanced population" to mean an ecological community which: (1) is typically characterized by diversity; (2) retains the capacity to sustain itself through cyclic seasonal changes; (3) contains the presence of necessary food chain species; (4) is not dominated by pollution-tolerant species; (5) exhibits characteristics similar to those of nearby, healthy communities existing under comparable but unpolluted environmental conditions; and (6) may reasonably be expected to become reestablished in the polluted water body segment from adjacent waters if sources of pollution are removed. Provides that such definition shall not affect any permit in effect on the date of enactment of this Act or the issuance of any permit for which an application was received by the Administrator before January 1, 1984.

A bill to direct the Administrator of the Environmental Protection Agency to make grants to the City of San Diego, California, for construction of publicly owned treatment works in the City of San Diego which will provide primary treatment of municipal sewage and industrial wastes for the City of Tijuana, Mexico.

United States · United States Congress · 24 April 1984

Directs the Administrator of the Environmental Protection Agency to make grants to the city of San Diego, California, for the construction of publicly-owned treatment works in such city to be used to treat municipal sewage and industrial waste for the city of Tijuana, Mexico. Requires the project design for such treatment works to be approved by the Administrator and to meet applicable provisions of Federal law. Directs the Department of State to enter into negotiations with the Government of Mexico to seek contributions toward the costs of construction, operation, and maintenance of such works, and directs such Department to pay necessary costs not provided by the Government of Mexico. Authorizes appropriations.

A joint resolution to designate the week of October 7, 1984, through October 13, 1984, as "Smokey Bear Week".

United States · United States Congress · 12 April 1984

Designates the week of May 13 through May 19, 1984, as Smokey Bear Week.

A bill to amend section 408 of the Federal Food, Drug, and Cosmetic Act to authorize emergency action with respect to pesticide chemicals which present an imminent hazard to the public health, to revise the procedures under such section for changes in tolerances and exemptions for pesticide chemicals, and for other purposes.

United States · United States Congress · 12 April 1984

Amends the Federal Food, Drug, and Cosmetic Act to authorize the Administrator of the Environmental Protection Agency to issue an order to revoke an exemption from the tolerance requirements for a pesticide chemical in or on a raw agricultural commodity and establish a tolerance for such chemical, if it is determined that such action is necessary to prevent an imminent hazard to the public health. Makes such an order effective upon its issuance and requires its publication in the Federal Register. Sets forth provisions for a public hearing on such order. States that the effective date of any such order shall not be delayed during administrative or judicial review. Prohibits judicial review until completion of a hearing. Directs the Administrator to revoke exemptions in effect for residues of ethylene dibromide and establish a tolerance for such chemical under which only residues of the chemical which are safe will be permitted to remain in or on the raw agricultural commodity. Declares that Federal rule making procedures shall apply to rules to amend regulations establishing tolerances or exempting tolerances, except that the Administrator may allow informal hearings on such rules. Sets forth revocation procedures, if it is determined that residues of a pesticide chemical permitted by a tolerance established under such regulations may not be safe. Includes among the factors to be considered in promulgating regulations establishing tolerances: (1) the potential acute and chronic health hazards which may result from exposure to residues of a pesticide chemical; and (2) the synergistic effect upon health of combining certain pesticide residues in or on raw agricultural commodities. Requires the Administrator to establish tolerances at zero level for pesticides determined not to leave any residues in or on raw agricultural commodities. Prohibits the Administrator from exempting a pesticide chemical from the necessity for a tolerance on the ground that there is no practical method of detecting its residues or that the pesticide does not leave residues on agricultural commodities. Revises provisions with respect to persons who may petition for the registration of a pesticide to conform to provisions of this Act. Sets forth provisions for the Administrator to revoke a regulation if it is found that false, misleading, or inaccurate information was submitted in connection with its promulgation. Provides that tolerances or exemptions established as a result of postponements shall not remain in effect for more than 180 days. Requires the Administrator, during the four years after enactment of this Act, to conduct a survey of the information available on the aforementioned additional factors for establishing pesticide tolerances to determine: (1) if such information was submitted in connection with a proceeding to establish a tolerance; and (2) if such information was derived from well-conducted studies and is consistent with sound scientific principles. Sets forth revocation procedures for tolerances resulting in unfavorable determinations. Requires the Administrator within 180 days of enactment of this Act, to review the pesticide exemptions in effect to determine: (1) if there is any practical method of detecting such pesticide residues in or on raw agricultural commodities; (2) if such pesticide leaves any residue in or on such commodities; or (3) if such residues are safe. Sets forth revocation procedures. Directs the Secretary of Health and Human Services to conduct random samplings of raw agricultural commodities imported into the United States to determine if the amounts of pesticide residues on such commodities meet Federal standards. Sets forth procedures for the Administrator if the use of a pesticide chemical is cancelled, suspended, or voluntarily withdrawn under the Federal Insecticide, Fungicide, and Rodenticide Act. Transfers the functions of the Secretary of Health and Human Services with respect to pesticide tolerances to the Administrator of the Environmental Protection Agency.

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL ON THE PROTECTION OF THE ENVIRONMENT IN THE MEDITERRANEAN BASIN

European Union · European Commission · 12 April 1984

Programm "Umweltforschung und Umwelttechnologie" 1984 bis 1987 (G-SIG: 10001302)

Germany · German Bundestag · 11 April 1984

Umweltforschung im Rahmen der Umweltpolitik, Programmziele, Ergebnis der bisherigen Förderungsmaßnahmen, Förderinstrumente, ökologische Forschung, Technologien zur Reduzierung von Umweltbelastungen, emissionsarme Technologien und Produkte

A bill to amend the Federal Water Pollution Control Act to authorize the Environmental Protection Agency to undertake a study on consumptive uses of Great Lakes water.

United States · United States Congress · 5 April 1984

Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to authorize the Administrator of the Environmental Protection Agency to undertake a study on consumptive uses of Great Lakes water. Authorizes the Administrator to conduct such study, in cooperation with other interested Federal agencies and the eight Great Lake States and their local governments, of all possible control measures which can be implemented to reduce the quantity of Great Lakes water consumed without adversely affecting the projected growth of the Great Lakes region. Requires that such study include an analysis of both existing and new technology which appears to be feasible in the foreseeable future. Requires that such study include at a minimum: (1) a review of methodologies used to forecast Great Lakes consumptive uses; (2) a discussion of environmental and economic impacts associated with various types of cooling systems for thermal electric generating plants; (3) an analysis of the effect of laws, regulations, and national policy objectives on consumptive uses of Great Lakes water used in manufacturing; (4) an analysis of the economic effects on a consuming industry and other Great Lakes interests associated with a particular consumptive use control strategy; (5) an analysis of associated environmental impacts, both singularly and in combination with other consumptive use control strategies; and (6) a summary discussion of recommendations of methods of controlling consumptive uses so as to maximize benefits to the Great Lakes ecosystem and also provide for continued full economic growth for consuming industries as well as other industries which depend on the use of Great Lakes water. Authorizes appropriations.

Acid Deposition Control Act of 1984

United States · United States Congress · 4 April 1984

Acid Deposition Control Act of 1984 - Title I: Acid Deposition Control Program - Amends the Clean Air Act ("the Act") to establish an acid deposition control program. Defines an "acid deposition impact region" as the 31 States east of or bordering on the Mississippi River and the District of Columbia. Requires that by January 1, 1996, the total annual sulfur dioxide emissions in the acid deposition impact region not exceed a level 11,000,000 tons less than the actual level of such emissions in 1980. Requires that one-half of such reduction be completed within six years after the enactment of this Act, or January 1, 1991, whichever is earlier. Provides that sulfur dioxide emissions from major stationary sources which did not begin operation before January 1, 1981, or which have increased emissions since such date (to the extent such emissions do not exceed one and two-tenths pounds of sulfur dioxide per million Btu of heat input on a 30-day basis), calculated on an annual basis, shall not be added to the amount of sulfur dioxide which the State in which such sources are located is required to reduce by January 1, 1996, under provisions for regional reduction allocation and State reduction requirements. Provides that no emissions from such sources shall be added in any State which during 1980 had no major stationary source which was a utility boiler which had an actual annual average emission rate greater than one and two-tenths pounds of sulfur dioxide per million Btu of heat input. Provides that increases in sulfur dioxide emissions from utility boilers which are coal capable as defined under the Fuel Use Act and which convert to the use of coal as a primary fuel shall be so added only to the extent such emissions from a particular source exceed one and one-half pounds of sulfur dioxide per million Btu of heat input on an annual average. Prohibits any major stationary source of sulfur dioxide or nitrogen oxides from commencing operation after January 1, 1996, in such region unless there has been identified for such source a simultaneous net reduction in emissions of sulfur dioxide or nitrogen oxides, or both, at one or more points in such region: (1) in excess of the emissions which potentially would result from the proposed new source; and (2) not otherwise required by a State implementation plan. Exempts from such prohibition any major stationary source which: (1) adopts the best available control technology, as defined under specified provisions of the Act as appropriate for the location of the proposed new source; and (2) attains at least the most stringent emission limitation shown by an adequate operating history to have been achieved in practice by a major stationary source of the same size, type, and class within the region. Directs the Governors of all 31 States within the region to enter into negotiations to establish sulfur dioxide emission reduction requirements for each such State sufficient to achieve the total reduction required for the region. Makes such an agreement binding and enforceable on each such State, but only upon notification to the Administrator by the Governors of 75 percent of the States in the region, within 18 months after enactment of this Act, that such agreement has been reached. Requires each such State, if the Governors fail to reach agreement within such 18 months, to achieve its share of the reduction in annual sulfur dioxide emissions required for the region. Bases such share on the actual utility emissions which are in excess of one and two-tenths pounds of sulfur dioxide per million Btu of heat input averaged over 1980. Authorizes the Governors of any two or more States in the region to reallot among agreeing States such required reductions, provided that the total reductions equal the required total. Requires each such State, within 30 months after the enactment of this Act, to adopt enforceable measures to achieve the required reduction in sulfur dioxide emissions, including emissions limitations and schedules for compliance for sources within such State and other means of emissions reduction in accordance with specified provisions. Directs the Governor of such State to submit such measures to the Administrator for review and to the Governors of all other States in the region for comment. Provides for such review and approval according to specified procedures. Directs the Administrator to approve such measures if, taking into consideration the comments of the other State Governors, the Administrator finds that such measures: (1) contain enforceable requirements for continuous emission reduction; (2) contain requirements for monitoring by the source and enforcement agencies to assure that the emission limitations are being met; and (3) are adequate to meet the required reduction in sulfur dioxide emissions for such State by the deadline under this Act. Makes each emission limitation, compliance schedule, or other measure approved under this Act a requirement of an applicable implementation plan and an emission limitation for purposes of specified provisions of the Act. Provides that, in the case of any major stationary source which is in any State in the region and which is not by December 31, 1986, in full compliance with the applicable implementation plan in effect on January 1, 1981, the owner or operator shall be subject to: (1) the emission limitation established under specified provisions of this Act for all facilities in such State owned or operated by such owner or operator; and (2) a noncompliance penalty for each such source or facility, including each electric generating facility, for the period from the original date for compliance under the applicable implementation plan until actual compliance with such emission limitation. Requires that such enforceable measures adopted by States in the region include compliance schedules which specify actions to be performed leading toward final compliance and increments of progress to be achieved by dates in advance of dates by which the State requires each particular source to comply with the emission limitation necessary to attain the reduction for such State. Requires the State in adopting (and the Administrator in reviewing) such measures to stage or phase such compliance dates so that to the maximum extent practicable one-half of the total emission reduction under this Act is achieved within six years of enactment, or prior to January 1, 1991, whichever is earlier. Requires each major stationary source which proposes to comply with an emission limitation established under this Act by any means other than an innovative system of continuous emission reduction technology or the replacement of existing facilities with new facilities of substantially lower emissions to comply with such emission limitation by January 1, 1994. Sets forth major stationary source sulfur dioxide reduction requirements to apply in any State in the region which has not: (1) adopted, within 30 months after enactment of this Act, measures to achieve the required reduction; or (2) had such measures approved by the Administrator within six months after their submission. Requires, in such States, the owner or operator of each fossil-fuel-burning electric generating facility which is a major stationary source which is not subject to specified performance standards for new stationary sources to comply with an emission limitation or limitations for all such facilities owned or operated by the same entity in such region equivalent to an average among such facilities of one and two-tenths pounds of sulfur dioxide per million Btu of heat input on a 30-day average. Requires the owner or operator of each such facility to submit to the Administrator a plan or schedule of compliance for achieving such emission limitation or equivalent emission reduction in accordance with provisions for enforceable mission reduction programs, within three years after the enactment of this Act or six months after the date on which such owner or operator becomes subject to such emission limitation, whichever is later. Directs the Administrator to approve such plan and compliance schedule if it: (1) contains enforceable requirements for continuous emission reduction; (2) contains requirements for monitoring by the source and enforcement agencies to assure that the emission limitations are being met; and (3) will achieve the required emission reduction in a manner consistent with a specified schedule established under provisions for State enforceable measures, or otherwise at the earliest practicable date, but no later than January 1, 1994. Makes specified violations of such requirements violations of emissions limitations for purposes of certain provisions of the Act. Sets forth provisions for enforceable emission reduction programs. Permits alternative methods or programs for net emission reduction to be used to maintain emission limitations or attain emission reductions required under specified provisions of this Act. Permits a State or the owner or operator of a source to use such alternative methods or programs, in addition to enforceable continuous emission reduction measures, if emissions limitations under such methods or programs are enforceable by the Federal Government, States other than those in which the emissions occur, and citizens under specified provisions of the Act. Includes among such alternative methods or programs: (1) least emissions dispatch to meet electric generating demand and existing generating capacity; (2) retirement of major stationary sources at an earlier date than provided in schedules on file with the Federal Energy Regulatory Commission, the Internal Revenue Service, or State utility regulatory agencies; (3) investments in energy conservation where reductions in emissions can be identified with such investments; (4) trading of emission reduction requirements and actual reductions on a State or regional basis, for which States and the Administrator are authorized to establish emission reduction banks or brokerage institutions to facilitate such trading; (5) precombustion cleaning of fuels; and (6) fuel substitution. Permits a State or the owner or operator of a source required to achieve emission reductions under specified provisions of this Act to substitute reductions in nitrogen oxides emissions, at a rate of two units by weight of nitrogen oxides for each unit of sulfur dioxide. Directs the Administrator to: (1) conduct a study of air pollution problems associated with the long-range transport of pollutants in the portions of the continental United States not included in the acid deposition impact region; and (2) report the results of such study to the Congress within two years after the enactment of this Act. Directs the Acid Precipitation Task Force established under the Energy Security Act to submit to specified congressional committees two comprehensive reports, one by December 31, 1986, and one by December 31, 1988. Requires that such reports present specified research findings and recommendations, based on existing scientific knowledge, for reducing acid deposition and its effects. Directs the Task Force to provide for appropriate scientific peer review of such research and of its reports. Authorizes appropriations for FY 1985 through 1989 in addition to any other funds authorized to be appropriated to the Task Force to carry out specified research activities under such Act. Directs the Administrator, promptly after the date established under provisions for major stationary source sulfur dioxide reduction requirements, to report to specified congressional committees on emission limitation and other enforceable measures adopted by the States and approved by the Administrator or in effect under such provisions, for all States in the region. Directs the Administrator to develop an inventory of sources of nitrogen oxides in the region and in each State in the region. Directs the Administrator, within four years after enactment of this Act, to report to specified congressional committees on: (1) such inventory; (2) control technology and methods for new and existing sources of nitrogen oxides; and (3) any recommendations for requirements to reduce existing emissions or control new emissions of nitrogen oxides to reduce acid deposition, including but not limited to the question of whether levels of such emissions should be strictly limited or reduced. Establishes a National Commission on Air Quality Employment Impacts to study and report to Congress on the direct and indirect impacts on employment in domestic coal mining that would result from the reduction of emissions required by this Act. Authorizes the Commission, if it deems it appropriate, to study and report on other direct employment impacts of this Act on industries related to coal mining. Requires that the Commission's report be filed with specified congressional committees by December 31, 1987. Permits such report to include: (1) legislative recommendations to correct any substantially adverse impact on employment dislocations in coal mining regions caused by this Act; and (2) recommendations to States, counties, cities, or private industrial entities to aid in the correction of said employment dislocation. Provides for Commission membership, including representatives of specified congressional committees, a representative of the United Mine Workers, and representatives of the coal industry. Provides for cooperation, information, and technical assistance from Federal agencies for the Commission. Terminates the Commission upon completion of its report. Authorizes the Commission, in the conduct of the study, to contract with nongovernmental entities competent to perform research or investigations in areas within the Commission's mandate, and to hold public hearings, forums, and workshops to enable full public participation. Authorizes the Commission to contract with nonprofit technical and scientific organizations, including the National Academy of Sciences, to develop necessary technical information for a specified authorized study. Authorizes the Commission to expend up to $3,000,000 to carry out its required functions.

Comprehensive Hazardous Substances Cleanup and Emergency Relief Act of 1984

United States · United States Congress · 3 April 1984

Comprehensive Hazardous Substances Cleanup and Emergency Relief Act of 1984 - Provides that nothing in this Act or in any amendment made by this Act shall apply to oil or other pollution of navigable waters or authorize any response authority with respect to a federally permitted release as defined in specified provisions of the Solid Waste Disposal Act (as added by this Act). Sets forth the finding that in order to adequately protect human health and the environment from hazardous waste it is necessary to: (1) establish a program for the cleanup of hazardous waste sites; (2) establish standards for the cleanup of such sites which will insure the same degree of protection for human health and the environment as are applicable in the case of facilities regulated under hazardous waste management provisions of the Solid Waste Disposal Act and other applicable Federal and State law; (3) establish enforcement standards which require parties responsible for the release or threatened release of hazardous substances, pollutants, or contaminants to assume financial responsibility for injuries of those exposed and for either conducting cleanup or reimbursing government costs of cleanup; (4) establish a full and cooperative Federal-State partnership in the cleanup program; and (5) afford citizens emergency assistance, reimbursement of medical and reimbursement expenses, and an opportunity to participate in the cleanup process. Title I: Cleanup of Hazardous Substances, Pollutants, and Contaminants - Amends the Solid Waste Disposal Act (the Act) (also known as the Resource Conservation and Recovery Act of 1976) to add provisions for cleanup of, and liability for, certain hazardous substances, pollutants and contaminants. Defines "hazardous substance" as: (1) any substance designated under specified provisions of the Federal Water Pollution Control Act; (2) any element, compound, mixture, solution, or substance designated under specified provisions for additional designations under this Act; (3) any hazardous waste having the characteristics identified or listed under specified hazardous waste management provisions of the Act (but not including any other waste the regulation of which under specified hazardous waste management provisions has been suspended by Act of Congress); (4) any toxic pollutant listed under the Federal Water Pollution Control Act; (5) any hazardous air pollutant listed under the Clean Air Act; and (6) any imminently hazardous chemical substance or mixture with respect to which the Administrator of the Environmental Protection Agency (EPA) (the Administrator) has taken action under the Toxic Substances Control Act. Excludes from the term "hazardous substance" natural gas, natural gas liquids, propane, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Provides, for purposes of such cleanup, liability, and funding provisions, that the term "pollutant or contaminant" shall include, but not be limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavorial abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such organisms or their offspring. Excludes from the term "pollutant or contaminant" natural gas, natural gas liquids, propane, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas). Provides for designation of additional hazardous substances and reportable quantities under this Act. Directs the Administrator to promulgate and revise: (1) regulations designating as hazardous substances, in addition to those referred to in the definition under this Act, such elements, compounds, mixtures, solutions, and substances which, when released into the environment, may present substantial danger to the public health or welfare or the environment; and (2) regulations establishing that quantity of any hazardous substance the release of which shall be reported under this Act. Allows the Administrator to determine that one single quantity shall be the reportable quantity for any hazardous substance, regardless of the medium into which it is released. Provides that, unless and until superceded by such regulations, the substances designated as additional hazardous substances and the reportable quantities of such substances established under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (Superfund) (CERCLA) shall be deemed designated and established under this Act. Sets forth a notice requirement relating to releases of hazardous substances from any facility. Defines "facility" as: (1) any building, structure, installation, equipment, pipe or pipeline well, pit, pond, lagoon, impoundment, ditch, landfill, storage container; or (2) any site or area where a hazardous substance, or pollutant or contaminant, has been deposited, stored, disposed of, or placed, or otherwise located (but does not include any consumer product in consumer use or any vessel or any motor vehicle, rolling stock, or aircraft). Requires any person in charge of a facility, as soon as such person has knowledge of any release (other than a federally permitted release) of a hazardous substance from such facility in quantities equal to or greater than those determined as reportable under this Act to immediately notify the National Response Center. Directs the Center to convey the notification expeditiously to all appropriate Government agencies, including the Governor of any affected State. Provides that such notification, or information obtained by exploitation of it, shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement. Provides that such notice requirement shall not apply to the normal application of a pesticide product under the Federal Insecticide, Fungicide, and Rodenticide Act or to the handling and storage of such a pesticide product by an agricultural producer. Exempts from such notice requirement any hazardous substance release which: (1) is required to be reported (or specifically exempted from a reporting requirement) under specified hazardous waste management provisions and regulations under the Act and has been reported to the Center; or (2) is a continuous release, stable in quantity and rate, and either is from a facility for which notification has been given under specified provisions of CERCLA or is a release for which notification has been given under the notice requirement of this Act for a period sufficient to establish the continuity, quantity, and regularity of the release. Requires, in the case of such exemptions, that notification be given for releases annually or at such time as there is any statistically significant increase in the quantity of any hazardous substance or constituent thereof released, above that previously reported or occurring. Sets forth response authorities. Authorizes the Administrator, whenever there is a release or substantial threat of release into the environment of any hazardous substance or of any pollutant or contaminant which may present an imminent or substantial danger to human health or the environment, to: (1) remove or arrange for the removal of, and provide for remedial action relating to such hazardous substance, pollutant, or contaminant at any time (including its removal from any contaminated natural resource); or (2) take any other response measure necessary to protect human health and the environment. Requires that removal actions be consistent with the National Contingency Plan and long-term remedial actions. Allows the Administrator to authorize facility owners or operators or other responsible parties to undertake such response actions. Sets forth investigation and planning authorities. Authorizes the Administrator to undertake investigations, monitoring, surveys testing, and other information gathering to identify the existence or extent of a release or threat thereof, the source and nature of the hazardous substances, pollutants, or contaminants involved and the extent of danger to human health and the environment, whenever the Administrator: (1) is authorized to act under response authorities for imminent and substantial danger; or (2) has reason to believe that a release has occurred or is about to occur, or that illness, disease, or complaints thereof may be attributable to exposure to a hazardous substance, pollutant, or contaminant and that a release may have occurred or be occurring. Authorizes the Administrator, in addition, to undertake planning, legal, fiscal, economic, engineering, architectural, and other studies or investigations to plan and direct response actions, recover costs, and enforce cleanup, liability, and funding provisions of this Act. Directs the Administrator, in such information gathering or planning, to assess the risk to human health associated with the release or threatened release. Provides for a six-month limitation on response actions. Discontinues obligations, other than those authorized for investigation and planning, from the Hazardous Substances Trust Fund (the Fund) established under this Act after $1,000,000 has been obligated for response actions or six months after the initial response to a release or threatened release of hazardous substances, unless the Administrator: (1) finds that continued response actions are immediately required to prevent, limit, or mitigate an emergency, there is an immediate risk to human health or the environment, and such assistance will not otherwise be provided on a timely basis; or (2) has determined the appropriate remedial actions and the States in which the source of release is located have complied with provisions for State payment of certain costs. Sets forth provisions for State payment of certain costs. Prohibits the Administrator from providing any remedial actions under response provisions of this Act unless the State in which the release or threatened release occurs first provides certain assurances. Requires the State to assure the availability of a hazardous waste disposal facility for any necessary offsite storage, destruction, treatment, or secure disposition of hazardous substances, pollutants, or contaminants. Requires the State to pay or assure payment of: (1) ten percent of the costs of remedial action and ten percent of all future operation and maintenance costs of any onsite remedial action; or (2) at least 50 percent (or such greater amount as the Administrator may determine appropriate, taking into account the degree of responsibility of the State or local government) of costs of remedial action and future operation and maintenance of onsite remedial action at facilities owned or operated by the State or local government at the time of any disposal of hazardous substances, pollutants, or contaminants therein. Directs the Administrator to grant the State a credit for amounts expended or obligated by the State or local government after January 1, 1978, and before December 11, 1980, for any response action costs which are covered by provisions for the Fund and which were incurred at a release listed under National Contingency Plan provisions. Provides for reimbursement to the State of any amount paid by the State, pursuant to a specified contract or agreement at any time after December 11, 1980, in excess of ten percent of remedial action costs at a facility owned, but not operated, by the State or local government. Requires that any amount expended by a State for administrative expenses in carrying out cleanup, liability, and funding provisions of this Act be credited against the required ten percent share. Sets forth provisions for selection of remedial action. Directs the Administrator to select appropriate cost-effective remedial actions in accordance with the National Contingency Plan and with a required protection level. Directs the Administrator to consider permanent solutions and alternative treatment technologies in evaluating the cost-effectiveness. Directs the Administrator to: (1) consult with the affected States before determining the appropriate remedial action; and (2) approve a more protective action if the State or local government assures payment of 90 percent of that portion in excess of the costs of the action chosen by the Administrator. Provides that the selected remedial action shall require a level or standard of control: (1) necessary to protect human health and the environment; (2) as stringent as the most stringent applicable Federal law; and (3) as stringent as the most stringent applicable State law. Authorizes the Administrator to waive the requirements of a protection level as stringent as the most stringent Federal and State laws and to select an alternative remedial action upon a finding that: (1) such an alternative remedial action will provide substantially equivalent protection; or (2) compliance with the requirements of a level of protection necessary to protect human life and the environment at a site or facility will consume such a disproportionate share of Fund resources as to defer or prevent remedial action at other sites or facilities which pose a significantly greater threat. Prohibits permit requirements for any removal or remedial action undertaken pursuant to this Act at the location of the release or threatened release. Authorizes the Administrator to establish the exclusive administrative procedures for making any determination under provisions for required protection level. Authorizes the Administrator to enter into contracts or cooperative agreements with State and local governments to take remedial actions and to be reimbursed for reasonable response costs from the Fund. Provides for enforcement of such contracts and agreements, and of cost-sharing agreements, in Federal district courts. Authorizes the Administrator to provide technical and legal assistance to State or local governments in administering and enforcing contracts and subcontracts in connection with response actions and to intervene in civil actions involving such enforcement. Authorizes the Administrator to treat two or more noncontiguous facilities as one if they are reasonably related on the basis of geography or of threat or potential threat to human health or the environment. Sets forth information gathering and access authorities for purposes of assisting in determining the need for response to a release or enforcing cleanup, liability, and funding provisions of this Act. Requires that access to records and information, including samples of hazardous substances or pollutants or contaminants or substances which may have been hazardous, and samples of containers and labels, be provided to authorized Federal and State officers by any person: (1) who generates, stores, treats, recycles or disposes of such substances; or (2) who generates, stores, transports, or otherwise handles or has handled such substances (where necessary to ascertain facts not available at the facility where such substances are located). Provides for access to the site or facility at which any hazardous substance or pollutant, or contaminant is located, whenever necessary to carry out cleanup, liability, and funding provisions of this Act. Provides for public availability of records, reports, or information obtained, with specified exceptions for data entitled to confidentiality. Requires that all information reported or obtained be made available to any duly authorized congressional committee. Directs the Administrator or the State to require compliance with Federal health and safety standards established in the National Contingency Plan in awarding contracts for response actions. Requires that the prevailing wage rates of the Davis-Bacon Act be paid to all laborers and mechanics for construction, repair, or alteration work funded in whole or part under response action provisions of this Act. Authorizes the President to authorize the use of emergency procurement powers necessary to effect the purpose of the Act. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR), in cooperation with other Federal officials and States, to implement the health related authorities of the Act. Directs the ATSDR Administrator to establish and maintain: (1) national registries of serious diseases and of persons exposed to toxic substances; (2) inventories of research on the health effects of toxic substances; and (3) a complete listing of areas closed to the public or otherwise restricted in use because of toxic substance contamination. Directs the ATSDR Administrator to: (1) provide medical care and testing, or other appropriate assistance to exposed individuals in public health emergencies; and (2) conduct periodic survey and screening programs to determine relationships between exposure to toxic substances and illness. Directs the ATSDR Administrator to prepare toxicological profiles sufficient to establish the likely effect on human health of the 100 hazardous substances which are most frequently found or which pose the most significant threat to human health at facilities listed on the National Priorities List prepared under the National Contingency Plan. Requires that the 100 profiles be completed 48 months after enactment of this Act (at 12-month intervals for four groups of 25 substances). Sets forth provisions for public participation in remedial action planning. Sets forth remedial action schedules. Directs the Administrator to complete remedial investigations and feasibility studies for all releases and threatened releases at sites listed or proposed to be listed on the National Priority List prepared under the National Contingency Plan: (1) within 18 months after the enactment of this Act, at sites listed or proposed to be listed as of such enactment date; and (2) within 12 months after the date of listing, at sites listed or proposed to be listed after such enactment date. Directs the Administrator or the State to complete, within five years after such enactment date, remedial actions for all releases or threatened releases at sites listed or proposed to be listed as of such enactment date. Directs the Administrator to complete by January 1, 1987, a preliminary assessment of all sites listed, as of such enactment date, on the Emergency and Remedial Response Information System. Requires that the National Contingency Plan be revised within 12 months after the enactment of this Act to reflect and effectuate the powers and responsibilities created by this Act, in addition to those matters specified in CERCLA and other applicable law. Requires that the portion of such plan known as "the National Hazardous Substance Response Plan" be revised to provide procedures and standards for response actions consistent with protection level requirements under this Act. Requires that, on or before January 1, 1988, at least 1,000 of the highest priority facilities be designated individually on the National Priorities List as "top priority among known response targets." Requires that plan criteria for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action shall take into account (in addition to factors required under CERCLA): (1) the release-associated damage to natural resources which may affect the human food chain; and (2) the release-associated contamination or potential contamination of the ambient air. Sets forth provisions for citizen petitions for site ranking. Directs the Administrator, within 12 months after receipt of a citizen petition, to complete a preliminary assessment of the hazards to public health and environment associated with any actual or threatened release of a hazardous substance or pollutant or contaminant. Directs the Administrator, if such assessment indicates a significant threat, to make a prompt evaluation in accordance with the hazard ranking system referred to under specified provisions of CERCLA to determine the national priority of such release or threatened release. Sets forth provisions for abatement actions. Directs the Administrator, upon determining that there may be imminent and substantial danger to human health or the environment because of an actual or threatened release of a hazardous substance or any pollutant or contaminant from a facility, to request the Attorney General, in addition to any other State or local action, to secure relief necessary to abate such danger or threat. Gives the U.S. district court in the district in which the threat occurs jurisdiction to grant such relief as the public interest and the equities of the case may require. Authorizes the Administrator, after notice to the affected State, to take other abatement action including issuing orders necessary to protect human health and the environment. Directs the Administrator, within 18 months after enactment of this Act, and after consultation with the Attorney General, to revise and republish guidelines published under CERCLA for using the imminent hazard, enforcement, and emergency response authorities of this Act and other existing statutes administered by the Administrator to effectuate the responsibilities and powers created by this Act. Requires that such guidelines: (1) be consistent with the National Contingency Plan; and (2) include the assignment of responsibility for coordinating response actions with the issuance of administrative orders, enforcement of standards and permits, information gathering, and other imminent hazard and emergency powers authorized by other provisions of law. Authorizes the Administrator to establish administrative procedures regarding the opportunity for a person to object to an abatement order under this Act. Provides that no court shall have jurisdiction to review any such abatement order in any action other than an action to: (1) enforce such order; (2) recover a penalty for a violation; or (3) recover punitive damages. Sets forth provisions for liability for releases or threatened releases of hazardous substances, pollutants, or contaminants which cause incurrence of response costs. Makes strictly liable for specified costs and damages: (1) owners or operators of facilities at which hazardous substances, pollutants, or contaminants were stored, treated, disposed of, or recycled; (2) persons who owned or operated such facilities at the time of such storage, treatment, disposal, or recycling; (3) persons who owned or possessed such substances and who arranged for such storage, treatment, disposal, or recycling by, or for transport for such purposes, by any other party or entity; and (4) persons who accept or accepted any such substances for transport to storage, disposal, treatment, or recycling facilities or sites selected by such persons. Provides that such costs and damages shall be: (1) all Federal and State costs of removal or remedial action and investigation and planning; (2) any other necessary response costs incurred by any other person consistent with the National Contingency Plan; (3) damages for injury to, destruction of, or loss of natural resources, including assessment costs; and (4) costs of specified emergency relief actions and health effects studies. Provides that such liability shall be: (1) joint and several; and (2) according to the standard which obtains under specified provisions of CERCLA and the Federal Water Pollution Control Act. Provides for recovery of interest on amounts recoverable as costs and damages. Sets forth defenses to such strict liability. Sets forth a limitation on the amount of such liability (the total of all response costs plus $50,000,000 for any damages) but makes the responsible person liable for full and total costs of response and damages in cases involving willful misconduct, willful negligence, or violations of Federal standards (within the privity or knowledge or such person), or failure or refusal to cooperate with requests in connection with response activities with respect to regulated carriers. Provides for punitive damages in an amount three times the amount of any costs incurred by the Fund as a result of a responsible person's failure without sufficient cause to properly provide removal or remedial action upon order of the Administrator. Provides that no person shall be liable under this Act for costs and damages incurred as a result of actions taken or omitted in the course of rendering care, assistance, or advice at the direction of an on scene coordinator, except in cases of gross negligence or intentional misconduct. Sets forth provisions relating to indemnification agreements. Sets forth provisions relating to liability for damages to natural resources. Makes all requirements, including liability, of this Act applicable to all Federal agencies. Prohibits recovery under such liability provisions of this Act for response costs or damages resulting from the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act. Provides that recovery for response costs or damages resulting from a federally permitted release shall be pursuant to existing law in lieu of such liability provisions of this Act. Provides that, for purposes of abatement actions, the presumption that EPA (or State) laboratory tests are accurate may be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Sets forth provisions for financial responsibility. Directs the Administrator to promulgate requirements (for facilities in addition to those under hazardous waste management provisions of the Act) that classes of facilities establish and maintain evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances. Requires that priority in the development of such requirements be accorded to those classes of facilities, owners, and operators which the Administrator determines present the highest level of risk of injury. Directs the Administrator to publish notice of the identification of those classes for which requirements will be first developed. Requires that the level of financial responsibility be established and adjusted to protect against the level of risk which the Administrator believes is appropriate based on the payment experience of the Fund, commercial insurers, court settlements and judgments, and voluntary claims satisfaction. Directs the Administrator to cooperate with and seek the advice of the commercial insurance industry in developing such financial responsibility requirements. Requires that such financial responsibility requirements be incrementally imposed over a period of between three to six years after promulgation. Provides that, where possible, the financial responsibility level appropriate as a final requirement be achieved through incremental, annual increases in the requirements. Sets forth provisions for consolidated forms of evidence of financial responsibility under specified circumstances. Sets forth provisions relating to claims against guarantors and the limitation of guarantor liability. Sets forth provisions for penalties for specified violations under this Act. Sets forth provisions relating to employee protection. Prohibits firing or discriminating against any employee or authorized employee representative because he or she has provided information to a State or the Federal Government, or has caused the filing or institution of, or testified, or is about to testify in, any proceeding resulting from the administration or enforcement of this Act. Sets forth procedures for review by the Secretary of Labor of employee allegations of such a firing or discrmination, and for judicial review of the Secretary's orders. Provides for abatement orders, including rehiring or reinstatement with compensation and reimbursement of legal costs and expenses to the employee by the violator. Makes such employee protection provisions inapplicable to any employee who, acting without discretion from the employer (or the employer's agent), deliberately violates any requirement of this Act. Directs the President to conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of this Act, including, where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such administration or enforcement. Permits employees and their representatives to request investigations. Provides for a public hearing at the request of any party. Directs the President to make investigation reports, findings of fact, and recommendations available to the public. Sets forth provisions for citizen petitions for emergency relief and health effects studies. Directs the Administrator, upon receiving a petition providing reason to believe that the petitioners were exposed to any hazardous substance in a manner which may present a significant risk to human health, to: (1) immediately terminate such risk by provision of alternative drinking supplies, decontamination of soil, or relocation of residents; and (2) perform a health effects study to ascertain the nature, magnitude, scope, and duration of the exposure, including a determination of the source of any groundwater contamination and a toxicological evaluation of the substances involved. Directs the Administrator to also perform a health effects study upon receiving a petition providing reason to believe that one or more persons have been exposed to any hazardous substance and such exposure has abated but previously presented a significant risk to human health. Requires that each health effects study be completed within six months after the date on which the petition is filed, and that the results of such study be made public within ten days after completion. Provides for judicial review of the Administrator's denial of such petitions in the U.S. district court for the district in which the exposure occurred. Sets forth claims procedures. Requires that all claims which may be asserted against the Fund be presented first to the owner, operator, or guarantor of the facility from which a hazardous substance has been released, if known to the claimant, and to any other person known to the claimant who may be liable under this Act. Allows the claimant, in any case where the claim has not been satisfied within 60 days of such presentation, to elect to: (1) commence an action in court against such owner, operator, guarantor, or other person; or (2) present the claim to the Fund for payment. Directs the Administrator to prescribe appropriate forms and procedures for claims filed against the Fund. Directs the Administrator, upon receipt of any claim, to: (1) inform any known affected parties of the claim; and (2) attempt to promote and arrange a settlement between the claimant and any person who may be liable. Provides that, if the claimant and alleged liable party agree upon a settlement, it shall be final and binding upon the parties thereto, who will be deemed to have waived all recourse against the Fund. Provides that where a responsible party is unknown or cannot be determined, the claimant and the Administrator shall attempt to arrange settlement of any claim against the Fund. Authorizes the Administrator to award and make payment of such settlement, subject to proof and procedures promulgated by regulation. Directs the Administrator (except in extraordinary circumstances where inadequate services of private organizations or State agencies make the use of Federal personnel necessary) to use the facilities and services of private insurance and claims adjusting organizations or State agencies in implementing such claims settlement requirements. Sets forth provisions relating to contracts for such facilities and services. Authorizes the Administrator, if no settlement is reached within 45 days after filing of a claim and if the information developed during the claim processing warrants it, to make and pay an award of the claim. Provides for the appeal of such an award in the U.S. district court for the district in which the arbitral hearing took place. Requires that, if the Administrator declines to make an award, the claim be submitted to a member of the Board of Arbitrators established under CERCLA. Sets forth subrogation provisions. Sets forth statute of limitations provisions. Prohibits, with specified exceptions, the presentation of a claim or the commencement of an action for damages under this Act unless that claim is presented or action commenced within three years from the date of the discovery of the loss, whichever is later. Provides that such time limitations shall not begin to run against minors or incompetent persons until a legal representative is duly appointed for them or until the minor reaches 18 years of age or the incompetency ends. Prohibits presentation of claims or commencement of actions for recovery of specified response costs until the date six years after the completion of the response action. Provides that no person who asserts a claim against the Fund pursuant to this Act shall be deemed or held to: (1) have waived any other claim not covered or assertable against the Fund under this Act arising from the same incident, transaction, or set of circumstances; (2) have split a cause of action; or (3) as a result of any determination of a question of fact or law in connection with such claim, be collaterally estopped from raising such question in connection with any other claim not covered or assertable against the Fund. Provides that judicial review of any regulation promulgated under this Act may be had upon application, within 90 days from the date of promulgation, by any interested person only in the Circuit Court of Appeals of the United States for the District of Columbia. Grants the U.S. district courts exclusive original jurisdiction over all other controversies arising under this Act. Sets forth provisions for venue in such cases. Provides that no provision of this Act shall be deemed or held to meet any prior litigation concerning any release of any hazardous substance or pollutant or contaminant or any associated damages. Sets forth provisions concerning the relationship of this Act to other law. Provides that nothing in this Act shall be construed or interpreted as preempting any State from imposing any additional liability or requirements with respect to the release of hazardous substances or pollutants or contaminants within such State. Bars any person from receiving double compensation for the same removal costs or damages or claims pursuant to this Act and any other Federal or State law. Authorizes States to require any person to contribute to any fund to pay compensation for claims for any response costs or damages or claims which may be compensated under this Act. Prohibits State or local governments from requiring any other evidence of financial responsibility in connection with liability for the release of a hazardous substance from a facility, if the owner or operator establishes and maintains evidence of financial responsibility in accordance with this Act. Authorizes the President and the Administrator to delegate any powers or duties and to promulgate regulations to carry out cleanup, liability, and funding provisions of this Act. Adds provisions for medical and relocation expenses and other recovery to the Act. Sets forth definitions applicable to such provisions. Title II: Establishment and Uses of Hazardous Substance Trust Fund - Amends the Solid Waste Disposal Act (the Act) to establish the Hazardous Substance Trust Fund (the Fund) in the Treasury. Transfers to the Fund amounts determined by the Secretary of the Treasury (the Secretary) to be equivalent to: (1) the fees imposed under title III of this Act; (2) amounts recovered on behalf of the Fund under specified provisions of this Act; (3) civil penalties assessed under specified provisions of this Act; and (4) punitive damages under specified provisions of this Act. Authorizes appropriations in a specified amount for the Fund for FY 1986 through 1988. Authorizes appropriations for each fiscal year thereafter in an amount equal to not more than 12.5 percent of the amount deposited in the Fund during the second preceding fiscal year which is derived from the fees imposed under title III of this Act. Limits the liability of the U.S. Government to the amount in the Fund. Sets forth provisions for the Secretary's administration of the Fund relating to method of transfer, management (including an annual report to Congress and investment requirements), and authority to borrow (including limitations on advances and repayment requirements). Sets forth the uses of the Fund. Directs the Administrator to use the money in the Fund for payment of: (1) governmental response costs incurred pursuant to response provisions of this Act; (2) any claim for necessary response costs incurred by any other person as a result of carrying out the revised National Contingency Plan, if such costs are approved in advance of expenditure under that plan and certified by the responsible Federal official; (3) any claim authorized by provisions relating to natural resources damages and finally decided under settlement provisions, including interest, administrative and adjudicative costs, and attorney's fees; (4) medical and relocation expenses; and (5) other specified costs. Directs the Administrator to cooperate with State and local governments in their undertaking of response actions under this Act. Requires that any administrative costs or expenses paid out of the Fund be reasonably necessary and incidental to the implementation of this Act. Sets forth provisions relating to claims for damages to natural resources. Allows claims resulting from a release or threat of release of a hazardous substance from a facility to be asserted against the Fund for injury to, or destruction or loss of, natural resources. Provides that such claims may be asserted only by: (1) the President, as trustee, for natural resources over which the United States has sovereign rights or within U.S. territory to the extent they are managed and protected by the United States; or (2) any State for natural resources within its boundaries belonging to, managed by, controlled by, or appertaining to such State. Provides that the Fund may be used for other specified "included costs" of: (1) natural resources damages assessment; (2) Federal or State efforts to restore, rehabilitate, replace, or acquire the equivalent of the natural resources damaged; (3) a program to identify, investigate, and take enforcement and abatement action against releases of hazardous substances (subject to amounts provided in appropriation Acts); (4) epidemiologic studies, a registry of and long-term health effect studies on persons exposed to hazardous substances, and otherwise unavailable diagnostic services to determine whether persons in populations exposed to hazardous substances in connection with a release or suspected release are suffering from long-latency diseases; (5) providing supplementary equipment and similar overhead and damage assessment capability for any Federal agency involved in strike forces, emergency task forces, or other response teams under the National Contingency Plan (subject to amounts provided in appropriations Acts); (6) a program to protect the health and safety of employees involved in response to hazardous substances releases (subject to amounts provided in appropriations Acts); (7) preparation of toxic profiles by the Agency for Toxic Substances and Disease Registry; (8) evaluation of sites by the Administrator pursuant to citizen petitions; and (9) emergency relief and health effects studies carried out by the Administrator. Provides that the health and safety program for employees involved in response actions shall: (1) be developed jointly by the EPA, the Occupational Safety and Health Administration, and the National Institute for Occupational Safety and Health; and (2) include measures for identifying and assessing hazards to which persons engaged in the removal or remedy of, or other response to hazardous substances may be exposed, methods to protect workers from such hazards, and necessary regulatory and enforcement measures to assure adequate protection of such employees. Prohibits the use of money in the Fund for: (1) assessment or restoration costs or claim payments where the damage to natural resources and the release occurred wholly before the enactment of this Act; or (2) claim payments for natural resources damages where such expenses are associated with injury or loss resulting from long-term exposure to ambient concentrations of air pollutants from multiple or diffuse sources. Provides that claims against or presented to the Fund shall: (1) not be valid or paid in excess of the total money in the fund at any one time; and (2) become valid only when additional money is collected, appropriated, or otherwise added to the Fund. Directs the Administrator, should the total claims outstanding at any time exceed the current balance of the Fund, to pay such claims, to the extent authorized, in full in the order in which they were finally determined. Limits the portion of money credited to the Fund that shall be available in any fiscal year: (1) to six percent for payment of any claims and related costs for natural resources damages; and (2) to 12 percent for payment of medical and relocation expenses. Provides that no money in the Fund shall be available for remedial actions, other than actions specified under provisions for "included costs" under uses of the Fund, with respect to federally owned facilities. Provides that the following uses of the Fund shall, in the aggregate, be subject to such amounts as are provided in appropriation Acts: (1) payment of governmental response costs; and (2) payment of the specified "included costs." Authorizes the Administrator to delegate authority to obligate money in the Fund or to settle claims to officials of a State operating under a specified contract or cooperative agreement. Directs the Administrator to promulgate appropriate regulations for the notice to be provided to potential injured parties by an owner or operator of any facility from which a hazardous substance has been released. Requires such owners and operators to: (1) provide notice in accordance with such regulations; and (2) until such regulations are promulgated, provide reasonable notice to potential injured parties by publication in local newspapers serving the affected area. Requires that natural resources damages be assessed for purposes of this Act by Federal officials designated by the President under the National Contingency Plan and acting for the President as trustee. Provides that any such determination or assessment of natural resources damages shall have the force and effect of a rebuttable presumption on behalf of any claimant in any judicial or adjudicatory administrative proceeding under this Act. Requires that a plan for the use of funds under this Act for natural resources restoration be developed and adopted by affected Federal agencies and Governors of States sustaining damages to natural resources belonging to, managed by, or appertaining to such States, after adequate public notice and opportunity for a hearing and consideration of all public comment. Requires that such plan be developed and adopted before such funds may be used for such purposes, except in a situation requiring action to avoid an irreversible loss of natural resources or to prevent or reduce any continuing danger to natural resources or to meet a similar need for emergency action. Sets forth provisions for audits by the Inspector General of the EPA. Sets forth provisions relating to foreign claimants. Prohibits any potentially liable claimant from seeking judicial review of any determination to incur any government response costs under response provisions of this Act or to utilize the Fund for payment of any such costs, except in an action to recover such costs under liability provisions of this Act. Directs the President, acting through Federal officials designated by the revised National Contingency Plan, to promulgate regulations for assessment of natural resources damages within six months after enactment of this Act. Sets forth required contents of such regulations. Requires review, and appropriate revision, of such regulations every two years. Provides that, effective on the date of enactment of this Act, specified CERCLA provisions shall be superseded by this Act. Adds provisions regarding medical and relocation expenses to the Solid Waste Disposal Act (the Act). Allows individuals who allege that they sustained injury for which relief is payable under this Act to file an application for such relief with the Administrator. Directs the Administrator, within 45 days after the enactment of this Act, to issue a rule or order for the manner of filing such applications. Directs the Administrator to pay relief under this Act if individuals establish by a preponderance of the evidence that they have suffered physical injuries or illnesses caused by exposure to a hazardous substance: (1) from a facility or site at or from which such substance was stored, treated, recycled, disposed of, or migrated; or (2) during transportation to such a facility or site. Directs the Administrator to pay relief under this Act to dependents of any deceased individual who establish to the satisfaction of the Administrator that the death was caused by any such exposure. Provides that such relief to any individual who has suffered such physical injury or illness shall consist of: (1) payment or reimbursement for all medical costs incurred in connection with the physical injury, illness, or death; (2) a monthly payment (not to exceed $2,000 per month) in an amount equal to the injured, ill, or deceased individual's monthly earnings which are lost by reason of such injury, illness, or death during the five-year period following such injury, illness, or death; and (3) reimbursement for expenses incurred in obtaining alternative water supplies or relocating a residence where the individual's exposure (or potential exposure) to hazardous substances caused or significantly contributed to such expenses. Provides that relief to dependents of any such individual shall be equal to all such medical costs incurred, plus the reasonable expenses of burial. Directs the Administrator to promulgate rules for equitable allocation of such relief where there are two or more dependents. Directs the Administrator to compute the amount of relief and determine the method, terms, and time of payment. Requires that payments made pursuant to such provisions for medical and relocation expenses be charged against the Fund. Provides that such claims against the Fund which are in excess of the total money in the Fund shall become valid and be paid in the same manner as provided for other claims against the Fund. Limits to 12 percent that portion of the Fund which may be used for purposes of such payments for medical and relocation expenses. Sets forth the procedure for determination of such claims for medical and relocation expenses. Directs the Administrator, except as otherwise provided, to use the procedures used by the Secretary of Health and Human Services (HHS) in determining entitlement to disability insurance benefit payments under the Social Security Act. Directs the Administrator and the Secretary of HHS to arrange to use Social Security Administration personnel and offices for administration and determination of claims filed for medical and relocation expenses under this Act. Authorizes the Administrator to delegate to the Secretary of HHS, or to any HHS employee, any function vested in the Administrator under provisions for medical and relocation expenses under this Act. Provides that the injury, illness, or death shall be presumed to have been caused by the exposure if the applicant provides information sufficient to enable the Administrator to find that: (1) the individual suffered any physical injury, illness, or death; (2) the individual was exposed in any manner to a hazardous substance from a facility or site at or from which such substance was treated, recycled, stored, disposed, or migrated, or during transportation to such site;(3) exposure in such manner to such hazardous substance has a reasonable likelihood of causing or significantly contributing to death or to a personal injury or illness of the type suffered by the individual. Provides that such presumption shall be overcome if the Administrator determines, on the basis of any available information, that it is reasonably certain that such exposure did not cause, or significantly contribute to, the individual's injury, illness, or death. Provides that any information which tends to establish that exposure to the hazardous substance in question causes or contributes to death or to personal injury or illness of the type or class allegedly suffered by an individual, shall be considered relevant to the issues of causation for purposes of determination of such claims for medical and relocation expenses under this Act. Includes among such relevant information: (1) an increase in the incident of injury, illness, or death in the exposed population above that which is otherwise probable; (2) epidemiological studies (without regard to the size of the sample); (3) animal studies; (4) tissue culture studies; (5) micro-organism culture studies; (6) laboratory and toxilogic studies; (7) immunological studies; (8) toxicology profiles prepared under this Act; and (9) health effects studies prepared under this Act. Directs the Administrator to require medical tests or examinations of the applicant to confirm the diagnosis or determination of physical injury or illness. Authorizes the Administrator to investigate and gather other appropriate information in making such claim determinations. Directs the Administrator, upon request by the claimant, to conduct a hearing with respect to any claim which has been denied, in whole or in part. Requires that the involved owner or operator be given notice of any proceeding under provisions for claims for medical or relocation expenses, but declares that such persons have no right to participate in such proceedings. Provides for the award of legal costs for such hearings to claimants who prevail. Sets forth subrogation provisions. Provides for deposit in the Fund of any amount so recovered. Sets forth provisions for the judicial review of such claim determinations in U.S. district courts. Provides that a determination of the Administrator shall constitute a final administrative determination for the purpose of such judicial review. Sets forth provisions for additional recovery. Provides that individuals who have recovered any amount under such provisions for medical or relocation expenses shall not be prohibited from recovering an additional amount under this Act at a subsequent time if such individuals establish that an additional physical injury or illness: (1) was caused by such exposure; and (2) was not known to the individual at the time of the prior application. Title III: Funding - Part 1: Fee on Petroleum - Imposes a fee of four and one-half cents a barrel on: (1) crude oil received at a U.S. refinery (to be paid by the operator of the U.S. refinery); and (2) petroleum products entering the United States for consumption, use, or warehousing (to be paid by the person entering the product for such purposes). Imposes such fee (to be paid by the user or exporter) on any domestic crude oil if: (1) it is used in or exported from the United States; and (2) such fee was not imposed before such use or exemption. Provides that such fee shall not apply to any use of domestic crude oil for extracting oil or natural gas on the premises where such crude oil was produced. Sets forth definitions and special rules. Provides that only one fee may be imposed under this part with respect to any petroleum product. Makes such fee effective on October 1, 1985. Part 2: Fee on Certain Chemicals and Metals - Imposes a fee on any assessed chemicals sold (or used) by the manufacturer, producer, or importer thereof. Sets forth a table of assessed chemicals, with a specified fee per ton for each. Sets forth definitions, exceptions, and other special rules. Provides for a refund or credit for certain uses. Makes such fee effective on October 1,1985. Part 3: Waste End Fee - Imposes a fee on the disposal of hazardous substances. Provides that such fee shall apply only to a disposal which is: (1) required to be carried out in compliance with hazardous waste management provisions of the Act; and (2) not specifically exempt under this part. Exempts from such fee the disposal of any substance: (1) by incineration in accordance with the standards applicable to incineration facilities permitted under hazardous waste management provisions of the Act; or (2) by any person in the course of carrying out any removal or remedial actions under this Act. Sets the amount of such fee in the case of: (1) any hazardous substance for which there is in effect under this Act a reportable quantity of one pound or less, at $15 for each metric ton disposed of by underground injection and $30 for each metric ton not disposed of by such method; and (2) all hazardous substances for which there is in effect under this Act a reportable quantity of more than one pound, at $5 for each metric ton disposed of by underground injection and $10 for each metric ton not disposed of by such method. Provides that, in the cases of mixtures of hazardous substances with reportable quantities of one pound or less and those with reportable quantities more than one pound, the entire mixture shall be deemed to have a reportable quantity of one pound or less. Provides for imposing a fraction of the fee in the case of a fraction of a metric ton. Requires the owner or operator of the facility to pay such fee with respect to the disposal of any hazardous substance at a facility for which a permit is in effect under the hazardous waste management provisions of the Act. Requires the person disposing of the hazardous substance to pay such fee with respect to any other disposal of any hazardous substance. Requires, in the case of a fee imposed with respect to the long-term storage of any hazardous substance, that such fee be paid by the owner or operator of the site or facility at which the substance is located on the date one year after the date of generation of such substance. Sets forth provisions concerning the time of fee payment and regulations to carry out this part. Sets forth provisions concerning such fee for mining waste generated in the mining of copper. Provides that such waste shall become subject to such fee whenever such waste is listed or identified under hazardous waste management provisions of the Act, after the Administrator makes a finding under specified provisions or makes a determination that no such finding can be made. Directs the Administrator to make such finding or determination within six months after the date of such listing or identification. Directs the Administrator to waive such fee in the case of any such copper mining waste upon determination that such waste does not (as of the date of such finding) significantly contribute to the costs which must be incurred in remedial actions carried out pursuant to specified response authorities under this Act. Requires that such fee be imposed on any such copper mining waste if the Administrator finds that: (1) such mining waste is as hazardous as other hazardous wastes which are listed or identified under such provisions; and (2) an economically feasible process exists which is an alternative to the generation or disposal of such waste and which would reduce or eliminate such wastes or the hazard they pose to human health and the environment. Provides that the fee on any such copper mining waste shall be imposed at the rate applicable, under specified provisions, to disposal of hazardous wastes by underground injection, notwithstanding the method of disposal, unless such rate for the copper mining waste fee is reduced in a specified manner. Provides that such rate shall be reduced to such lower level as the Administrator deems appropriate in any case where the determination is made, within the required six-month period, that the finding cannot be made. Directs the Administrator, in establishing such lower level to take account of: (1) the degree of hazard of such copper mining waste as compared with other wastes subject to such fee; and (2) the incentive such fee will provide to reduce or eliminate the amounts of such waste which are disposed of and the hazard they pose to human health and the environment. Provides that the waste end fee imposed under this part shall apply only with respect to the disposal of hazardous substances after January 1, 1987, and that no period of storage before such date shall be taken into account for purposes of imposition of such fee with respect to long-term storage of hazardous wastes. Provides that, after such date, the fee with respect to long-term storage of a hazardous waste shall: (1) cease to apply on the effective date of a removal of such waste from the list under hazardous waste management provisions of the Act; or (2) take effect after the effective date of a listing or identification of such waste under such provisions. Part 4: Administration and Enforcement; Suspension - Directs the Administrator to promulgate regulations for the collection of fees under this title, including reporting and information-gathering regulations. Authorizes the Administrator to use authorities relating to the inspection of records and access under hazardous waste management provisions of the Act for purposes of carrying out this title. Sets forth criminal and civil penalties for specified violations of this title. Requires the suspension of fees imposed under this title during any fiscal year which commences after September 30, 1991, if the Administrator determines (on or before the first day of such fiscal year) that the unobligated balance in the Fund exceeds $3,000,000,000. Provides that such suspension shall continue until the expiration of the fiscal year concerned. Title IV: Citizen Suits and Liability of Certain Persons - Amends the Solid Waste Disposal Act (the Act) to revise provisions for citizen suits. Adds provisions for citizen suits against any person, including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment of the Constitution, and including any past or present generator, transporter, or owner or operator of a treatment, storage, recycling, or disposal facility who has contributed or is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment. Grants the district jurisdiction to immediately restrain any person contributing to such endangerment, to order such person to take other necessary action, and to apply any appropriate civil penalties relating to hazardous waste management violations. Provides that citizen suits for such purposes may not be commenced: (1) if the Administrator has commenced, and is diligently prosecuting, an action under imminent hazard provisions of the Act, or if the State has brought an action under specified provisions of the Act, to immediately restrain any person contributing to such endangerment; or (2) by any person (other than a State or local government) with respect to the siting of a hazardous waste treatment, storage, or disposal facility. Adds provisions to the Act relating to the liability of certain persons for specified damages. Makes the following persons liable for specified damages to individuals (or their dependents) caused by the exposure of such individuals to a hazardous substance: (1) in cases of exposure to such substance from a facility or site at which treatment, storage, recycling, or disposal took place, the owner or operator of such facility or site at the time of such treatment, storage, recycling, or disposal, and any subsequent owner or operator of such facility or site; (2) in cases of exposure to such substance during storage of such substance pending transport for storage or treatment, any person who arranged for treatment, storage, recycling, or disposal, or who arranged for transport for such purposes; and (3) in cases of exposure during the transportation to, or treatment, storage, or disposal at, a disposal or treatment facility or site, any person who accepts or accepted such substance for transport to a treatment, recycling, storage, or disposal facility selected by such person. Provides that such liability shall be: (1) strict liability, with specified exceptions; (2) joint and several; and (3) construed to be the standard of liability which obtains under specified provisions of CERCLA and of the Federal Water Pollution Control Act. Excuses from such liability any defendant who can establish by a preponderance of the evidence that the exposure to a hazardous substance or the damage resulting from such exposure was caused solely by: (1) an act of God; or (2) an act of war. Makes the following damages compensable under such liability provisions: (1) any medical expenses, rehabilitation costs, or burial expenses due to personal injury, illness, or death; (2) any loss of income or profits or any impairment or loss of earning capacity due to personal injury, illness, or death; (3) any pain and suffering which results from personal injury, illness, or death; and (4) any economic loss and any damages to property, including diminution in value. Sets forth procedural provisions relating to such liability. Provides that no evidence may be introduced in an action under such liability provisions of this Act with respect to the results of any proceeding brought by the plaintiff under specified medical and relocation expenses provisions of this Act. Sets forth provisions relating to a presumption of cause of damages. Sets forth provisions for jurisdiction of U.S. district courts over actions under such liability provisions. Authorizes the court to award appropriate legal fees. Provides that nothing in such liability provisions or in provisions for medical and relocation expenses under this Act shall be construed to preempt, or otherwise affect, any provision of State law regarding liability for damages in connection with any hazardous substance. Sets forth a statute of limitations relating to such liability provisions and to provisions for medical and relocation expenses under this Act. Sets such limitation at three years after: (1) the date the physical injury or illness was first known (or reasonably should have been known) by the applicant or plaintiff to exist, or the date of the individual's death; (2) the date the applicant or plaintiff knew (or reasonably should have known) that the physical injury, illness, or death or other expense was caused or contributed to by exposure to such hazardous substance; or (3) the date of enactment of this Act. Sets forth exceptions to such limitation in the case of minors or incompetents. Sets forth provisions for collateral recovery relating to such liability provisions and to provisions for medical and relocation expenses under this Act. Provides for recovery from other sources and for liens. Prohibits recovery under such liability provisions and under provisions for medical and relocation expenses under this Act of any amount for injury, illness, or death for which compensation is available under a State workers' compensation law. Sets forth criminal penalties for false statements in any application or proceeding under provisions for medical and relocation expenses under this Act.

A bill to direct the Administrator of the Environmental Protection Agency to make grants to the city of San Diego, California, for construction of a publicly owned treatment works in the city of San Diego which will provide treatment of municipal sewage and industrial wastes for the cities of San Diego, California, and Tijuana, Mexico.

United States · United States Congress · 3 April 1984

Directs the Administrator of the Environmental Protection Agency to make grants to the city of San Diego, California, for the construction of a publicly-owned treatment works in such city which will treat municipal sewage and industrial wastes for such city and for the city of Tijuana, Mexico. Makes certain provisions of the Federal Water Pollution Control Act applicable to such grants, with specified exceptions. Provides that the Federal share of such construction costs shall be: (1) 55 percent for those costs attributable to providing such treatment for San Diego; and (2) at full Federal expense less any costs paid by the Government of Mexico as a result of agreements negotiated with the United States, for those costs attributable to providing such treatment for Tijuana. Authorizes the Administrator, upon application of the city of San Diego, to issue a permit which modifies specified requirements under the Federal Water Pollution Control Act to permit the discharge of pollutants from any ocean outfall constructed with Federal assistance under this Act if such pollutants have received primary or more advanced treatment. Provides that such permits shall not be effective after December 31, 1993. Authorizes appropriations to the Administrator to make such grants for FY 1985 and succeeding fiscal years.

A bill to terminate certain authority of the executive branch of the Government which is subject to congressional review unless that authority is approved by an enactment of the Congress.

United States · United States Congress · 2 April 1984

Terminates certain pesticide regulation authority of the Administrator of the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (formerly subject to congressional veto), unless the exercise of such authority is approved by an enactment of Congress within 180 days after enactment of this Act.

A bill to amend the Safe Drinking Water Act to protect groundwater resources and to prevent leaks and releases from underground storage tanks.

United States · United States Congress · 30 March 1984

Amends the Safe Drinking Water Act (title XIV of the Public Health Service Act) to add new part F provisions for the regulation of underground storage tanks containing substances other than hazardous waste. Defines "hazardous substances," for purposes of part F, as: (1) any substance defined under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA), but not including substances regulated as hazardous wastes under the Solid Waste Disposal Act; (2) petroleum, including oil or any fraction thereof; and (3) natural gas liquids or gas liquids, except that the term "gas liquids" does not include propane or butane having in the container an absolute pressure exceeding 40 pounds per square inch absolute at 70 degrees Fahrenheit. Defines "owner or operator," "person," and "release." Defines "underground storage tank" to include underground pipes connected to such a tank, and lists the following exclusions from this term: (1) farm or residential underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) underground storage tanks used for storing heating oil for consumptive use on the premises where stored; (3) residential septic tanks; (4) pipelines regulated under the National Gas Pipeline Act of 1968, as amended; or (5) unenclosed surface impoundments, pits, ponds, lagoons, or basins. Sets forth notification and certification requirements. Requires owners of underground storage tanks used for storing hazardous substances to notify designated State or local agencies of specified information relating to such tanks. Requires owners of such tanks which are operational as of the date of enactment of this Act to provide specified information within 12 months of such enactment date. Requires owners of such tanks which are nonoperational as of such enactment date but which were operational after January 1, 1974, to supply specified information within 12 months of such enactment date. Requires owners or operators that install or bring into use an underground storage tank after the initial notification for operational tanks to notify the designated State or local agency within 30 days of installation or use. Directs the Governor of each State, within 90 days of such enactment date, to designate the appropriate State or local agencies to receive such notifications. Directs the Administrator of the Environmental Protection Agency (EPA), within 180 days of such enactment date and in consultation with designated State and local officials, to prescribe in greater detail the form and content of such notifications. Provides that, if a Governor chooses not to designate a State or local agency for such purpose, such notifications shall be submitted to the Administrator. Requires the State, if such notifications are submitted to a designated State or local agency, to compile the submitted information into a comprehensive inventory and furnish such inventory to the Administrator within 18 months of such enactment date. Directs the Administrator, or the appropriate official in a State with an approved program, to issue a certificate to: (1) the owner of each tank for which a complete and valid notification was received under specified provisions, within 30 months of such enactment date; and (2) the owner or operator of a tank installed or brought into use after the initial certification, within 30 days of notification by the owner or operator. Sets forth provisions for release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks used for storing hazardous substances, as may be necessary to protect human health and the environment. Directs the Administrator to promulgate such regulations, after opportunity for public comment and within 18 months after enactment of this Act. Requires that such regulations include requirements respecting specified areas, including: (1) valid certification; (2) leak detection or inventory systems and tank testing; (3) records of such testing, inventory, or detection; (4) reporting releases and corrective actions; (5) standards of performance for new underground tanks, including specified requirements; (6) corrective actions; (7) closure to prevent future release; and (8) evidence of financial responsibility for taking corrective action and for bodily injury and property damage to third parties. Prohibits, until the effective date of such regulations and after 180 days from the enactment of this Act, any person from installing or beginning to use an underground storage tank to store hazardous substances unless such tank is cathodically protected against corrosion, constructed of a noncorrosive material, or contained in a manner designed to prevent the release into the environment of any stored hazardous substances. Sets forth provisions relating to approval of State programs by the Administrator. Sets forth provisions relating to inspections, monitoring, and testing. Sets forth provisions for confidentiality of information, and criminal penalties for violations of such confidentiality. Requires that all information reported to, or otherwise obtained by, the EPA under this Act be made available, upon written request, to any duly authorized committee of the Congress. Sets forth provisions for Federal enforcement of requirements under this Act. Sets forth civil penalties for specified violations. Makes requirements under this Act applicable to Federal facilities. Authorizes the President to grant exemptions from such requirements upon determination that it is in the paramount interest of the United States to do so. Requires the President to report annually to Congress on such exemptions and the reasons for granting them. Provides that nothing in this Act shall preclude or deny any State or local authority to regulate more stringently underground storage tanks used to store hazardous substances. Directs the Administrator, within 36 months after the enactment of this Act, to study the following underground storage tanks exempted under the definition of "underground storage tanks: (1) farm or residential underground storage tanks of $1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; and (2) underground storage tanks used for storing heating oil for consumptive use on the premises where stored. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of the study, with recommendations as to whether or not such tanks should be subject to regulation under this Act. Authorizes appropriations to the Administrator to carry out this Act for FY 1984 through 1988. Authorizes appropriations for FY 1985 through 1988 for grants to States to assist States in implementing approved State underground storage tank programs. Includes underground storage tank regulations under provisions for judicial review of regulations under the Safe Drinking Water Act. Amends CERCLA to include under the definition of "hazardous substance" for purposes of such Act gasoline and other liquid hydrocarbons or natural gas liquids or gas liquids released or threatening to be released into ground water or subsurface soils from an underground storage tank as defined under this Act.

A bill to authorize appropriations for fiscal year 1985 to carry out the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979, and for other purposes.

United States · United States Congress · 30 March 1984

Amends the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 to authorize amounts to be appropriated for FY 1985. Directs the Secretary of Transportation to: (1) study issues relating to the transportation of methanol through the interstate liquid pipeline system and make recommendations for the safe and efficient transportation of methanol through such pipeline, and report the results of the study to Congress; and (2) study the feasibility of and costs connected with requiring various methods of testing and inspecting hazardous liquid pipeline facilities subject to provisions of the Hazardous Liquid Pipeline Safety Act of 1979, and to report the results to Congress.

Clean Air Act Reauthorization Amendments of 1984

United States · United States Congress · 30 March 1984

Clean Air Act Reauthorization Amendments of 1984 - Amends the Clean Air Act (the Act) to establish new requirements for acid deposition control under title I (Air Pollution Prevention and Control) of the Act. Sets forth direct federally mandated emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which had the largest total emissions of sulfur dioxide during the calendar year 1980. Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) identify each such plant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btu; (2) within two months after enactment of this Act, publish a list of the 50 plants which have the largest total emissions; (3) notify the owner or operator of each of the 50 plants listed; and (4) within four months after such enactment, and after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions. Requires the owner or operator of each plant on the final list to submit to the Administrator, by January 1, 1985, a compliance schedule, including increments of progress. Directs the Administrator to approve or disapprove such schedule, within one year after submission, and after notice and opportunity for hearing. Directs the Administrator, if such schedule is not submitted by the deadline or is not approved, to promulgate a compliance schedule for such plant on January 1, 1986. Provides for modification and publication of such schedules. Requires that each compliance schedule provide that: (1) a technological system of continuous emission reduction be used for each steam generating unit in the fossil fuel fired electric utility generating plant concerned; and (2) sulfur dioxide emissions from such plant for the calendar year 1990 and each calendar year thereafter shall not exceed 1.2 pounds per million Btu heat input and ten percent of the total annual sulfur dioxide emissions during calendar year 1980 (90 percent reduction) or 0.6 pounds per million Btu and 30 percent of the total annual sulfur dioxide emissions during the calendar year 1980 (70 percent reduction). Sets forth procedures for determining plant compliance with such emission limitation. Requires that: (1) contracts be entered into for the purchase and installation of the technological systems of continuous emission reduction by January 1, 1988; (2) such systems be installed and in operation by January 1, 1990; and (3) the emission limitation be achieved for each calendar year after 1989. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to pay for 90 percent of the costs of construction and installation of the technological system of continuous emission reduction necessary for each such plant to comply with the emission limitation. Directs the Administrator, after consultation with the Secretary of the Treasury, to promulgate regulations under which such payments: (1) may be made to utilities only if they will be used entirely to reduce those electric rate increases which would otherwise result from such construction and installation; and (2) shall be made at such times as will minimize rate increases. Sets forth requirements for State plans for additional emission reductions of sulfur dioxide. Directs the Administrator, within four months after the enactment of this Act, to compute a State share, for each of the 48 contiguous States, of a 10,000,000 ton reduction in annual emissions of sulfur dioxide by 1993 below that of 1980. Sets forth a formula for computation of State shares. Permits the Governors of two or more States to reallot State shares among agreeing States, if there is an equal or greater total reduction in annual emissions of sulfur dioxide through such reallotment. Sets deadlines and procedures for submission and approval of State plans for such State shares. Directs the Administrator to promulgate a State plan on January 1, 1988, if no State plan has been: (1) submitted by June 1, 1985; or (2) approved by January 1, 1988. Requires State plans for State shares to provide for emission limitations applicable to any stationary sources in the State for which the actual annual sulfur dioxide emission rates have been calculated by the Administrator for the calendar year 1980, other than a source which is one of the listed 50 electric utility plants subject to direct federally mandated emission reductions. Requires that the emission limitations for each stationary source subject to the State plan establish an allowable average annual sulfur dioxide rate at a level such that the total reduction would equal the State share, with specified credits for States in which any of the 50 listed plants are located. Permits State plans for State shares to provide for compliance with emission limitations through use of technological systems of continuous emission reduction or any other appropriate requirements. Directs the Administrator, from the Acid Deposition Control Fund (established within this Act), to pay for 90 percent of the costs of the construction and installation at an electric utility generating plant of any technological system of continuous emission reduction necessary to comply with requirements under a State plan for a State share of sulfur dioxide emission reductions. Subjects such payments to regulations relating to reduction of increases in utility rates. Establishes a trust fund in the Treasury to be known as the Acid Deposition Control Fund, consisting of amounts generated by fees imposed under this Act. Directs the Administrator to make payments from the fund first to facilities covered by direct federally mandated emission reductions and then to facilities covered by State share plan requirements. Directs the Secretary of the Treasury to be the trustee of the Fund and to report to the Congress for each fiscal year ending on or after September 30, 1984, on its financial condition and the results of its operation during such fiscal year and on its expected condition and operations during the next five fiscal years. Sets forth Fund investment duties of the Secretary. Imposes, under regulations promulgated by the Administrator, a fee of one mill for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the contiguous 48 States. Exempts from such fee electric energy: (1) used at the electric generating facility concerned; or (2) generated by a nuclear generating facility. Makes such fee effective with respect to electric energy generated, or imported, after December 31, 1984. Makes the fee cease to apply on the earlier of: (1) December 31, 1995; or (2) the date on which all payments required under this Act have been made. Authorizes the Administrator to terminate the fee at an earlier date upon estimation that sufficient funds have been collected to fund all such required payments. Directs the Administrator to promulgate within six months after enactment of this Act regulations setting forth the time and manner required for payment of such fee and related reporting requirements. Establishes civil penalties for: (1) electric utilities (or importers of electric energy) which fail or refuse to pay such fees or to file required reports; and (2) any person who makes false or misleading statements in such required documents. Directs the Administrator to bring civil actions in such cases. Establishes additional criminal penalties for electric utilities (or importers of electric energy) which knowingly commit such violations. Makes conforming amendments. Directs the Administrator to revise standards of performance for new stationary sources for emissions of nitrogen oxides from electric utility steam generating units which burn bitumonous or subbituminous coal and which commence construction after the enactment of this Act. Prohibits the emission of nitrogen oxides from such units at a rate which exceeds: (1) 0.30 pounds per million Btu, in the case of subbituminous coal; and (2) 0.40 pounds per million Btu, in the case of bituminous coal. Adds to provisions relating to emissions from mobile sources to set the following nitrogen oxide emission standards for model year 1986 and after truck and truck engines: (1) gross vehicle weight of 6,000 pounds or less - 1.2 grams per vehicle mile; (2) 6,000 to 8,500 pounds - 1.7 grams per vehicle mile; and (3) more than 8,500 pounds - 4.0 grams per brake horsepower-hour. Revises the Act to provide for the control of hazardous air pollutants from stationary and mobile sources. Revises title I provisions of the Act relating to stationary sources to provide for expedited listing of hazardous air pollutants. Directs the Administrator, within 90 days after enactment of this Act, to classify 35 substances into two categories for purposes of determining whether such substances are hazardous air pollutants as defined under provisions for national emission standards for hazardous air pollutants (NESHAPs). Requires that 25 substances, including each of the 22 substances listed in specified testimony of the Administrator before Congress, be classified in the first category. Requires that ten additional substances, from among the 37 substances identified to Congress on a specified date by the EPA as being in the assessment phase of the review process, be classified in the second category. Authorizes the Administrator, at any time up to 90 days before the commencement of specified determination proceedings for any substance in the second category, to substitute for that substance another substance if the Administrator determines that there is a higher priority for determining whether the substitute substance is a hazardous air pollutant. Directs the Administrator to republish the classification with a statement of the reasons for such substitution. Directs the Administrator to commence hazardous air pollutant determination proceedings concerning: (1) the 25 substances in the first category, within 90 days after enactment of this Act; and (2) the ten substances in the second category, within one year after such enactment. Requires that such proceedings include an opportunity for a public hearing. Directs the Administrator to solicit and consider the advice of the Science Advisory Board in making a determination in such proceedings. Directs the Administrator to establish a docket for such proceeding containing all relevant information and analyses in EPA's possession. Directs the Administrator to make a hazardous air pollutant determination for each substance: (1) in the first category by January 1, 1986; and (2) in the second category by January 1, 1987. Directs the Administrator, simultaneously with such determination, to include any substance determined to be a hazardous air pollutant on the required published list and to publish a list of all categories of stationary sources which emit such pollutant. Directs the Administrator, for each category of stationary sources listed as emitting a hazardous air pollutant which was classified in the first category and subsequently listed, to: (1) publish proposed national emission standards (and, if necessary, proposed interim standards) by January 1, 1987; and (2) promulgate national emission standards (and, if necessary, interim standards), by January 1, 1988. Requires, for categories of stationary sources listed as emitting hazardous air pollutants classified in the second category and subsequently listed, publication of proposed standards by January 1, 1988, and promulgation of standards by January 1, 1989. Makes requirements under this Act relating to such expedited listing of, and promulgation of standards for, hazardous air pollutants nondiscretionary duties of the Administrator, for purposes of citizen lawsuit provisions of the Act. Allows any person to bring a civil action to require the Administrator to make any classification, commence any proceeding, make any determination, list any substance, or propose or promulgate any standard in accordance with specified provisions of this Act. Provides that the notice requirement under citizen lawsuit provisions shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite its consideration of such action. Requires that a substance be treated as listed as a hazardous air pollutant until the Administrator makes a determination, if the Administrator has not made the required determination by the specified deadline. Directs a court to issue an order requiring a substance classified in the first or second category to be treated as listed as a hazardous air pollutant until the Administrator completes further proceedings, if: (1) the Administrator determines that such substance is not a hazardous air pollutant; and (2) the court reviewing such determination for any reason remands such determination to the Administrator for further proceedings. Directs the Administrator, on or before January 31, 1987, to commence hazardous air pollutant determination proceedings for each substance which: (1) has been classified, prior to January 31, 1987, by the national toxicology program as a known carcinogen or as a substance which may reasonably be anticipated to cause cancer; (2) is an air pollutant; and (3) has not been the subject of a determination under provisions of this Act for the 35 substances classified in two categories. Requires that such proceeding be completed within one year from the date required for commencement. Provides for annual hazardous air pollutant determination proceedings beginning on or before January 31, 1988, for each air pollutant which has been classified during the preceding year by the national toxicology program as a carcinogen or as one which may reasonably be anticipated to cause cancer. Requires that such proceedings be completed within one year from the date required for commencement. Revises provisions for NESHAPs. Directs the Administrator to publish and revise a list which includes each air pollutant which has been determined to be a hazardous air pollutant. Requires that such list also be revised to include the pollutants listed in accordance with the timetables established under this Act (including the pollutants listed by operation of law if the Administrator has not made a required determination by the specified deadline). Provides for emissions standards for control of hazardous air pollutants from stationary sources. Directs the Administrator to publish with the listing of a hazardous air pollutant (including a listing by operation of law) or the revision of such listing a list or revised list of all categories of stationary sources which emit such air pollutant. Requires that such list of source categories be revised whenever necessary to include all categories of stationary sources which emit any hazardous air pollutant listed. Directs the Administrator, within one year after listing a hazardous air pollutant, to publish proposed national emission standards (and, if necessary, proposed interim standards) for each category of stationary sources listed as emitting such air pollutant. Directs the Administrator, within one year after proposal of such standards, to promulgate national emission standards (and, if necessary, interim standards) for each such category of new stationary sources. Requires that such standards be established at a level which, in the Administrator's judgment, provides an ample margin of safety to protect public health. Authorizes the Administrator to also promulgate such an interim standard if a specified determination is made. Prohibits, with specified exceptions, the promulgation of any such interim standard at any time other than simultaneously with the initial promulgation of the national emission standard applicable to the emission of the hazardous air pollutant from such category of stationary sources. Prohibits revision of any such interim standard to make it less stringent after the date on which it takes effect. Allows promulgation of any such interim standard only if the Administrator determines that the national standard for such sources requires an emissions level of that hazardous air pollutant which is lower than the lowest level achievable (as determined at the date of promulgation) by the application of all potential emission reduction measures. Limits the period for which any such interim standard may remain in effect to six years after the date of the initial promulgation of the applicable national standard. Provides that any such interim standard shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures. Defines "all potential emission reduction measures" as all measures or techniques for the reduction of emissions of the hazardous air pollutant concerned, except those which the Administrator finds to be technologically infeasible at the time of the determination on the date of promulgation. Includes the use of advanced emission control technology, closed systems, or substitute raw materials, processes, or products among such measures and techniques, except those found technologically infeasible. Prohibits any such national emissions standard or interim standard applicable to the emission of any hazardous air pollutant from being less stringent than the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of proposal of the standard) by any source in the category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any permit (as of the date of proposal of the standard) applicable to any such source. Authorizes the Administrator to distinguish among classes, types, and sizes within categories of sources for purposes of establishing such national emission standards (including interim standards) for stationary sources emitting hazardous air pollutants. Directs the Administrator to revise such national standards where appropriate following periodic review. Directs the Administrator to complete a review of each such national standard within eight years from the date of promulgation, and at eight-year intervals thereafter. Directs the Administrator, within four years after enactment of this Act, to: (1) complete a review of each national emissions standard for hazardous air pollutants in effect on December 1, 1983, applicable to each hazardous air pollutant listed prior to December 31, 1983; and (2) revise the national emission standard (and if necessary promulgate an interim standard) for such hazardous air pollutant in accordance with this Act. Establishes permit requirements for new or modified sources of hazardous air pollutants. Requires such permits to be obtained from the Administrator or a delegated State prior to: (1) construction of any new stationary source which emits any hazardous air pollutant listed under the Act; or (2) modification of any existing stationary source which emits any such listed hazardous air pollutant if such modification will increase the emission of that hazardous air pollutant. Provides that such permits shall require compliance by the source with an emission limitation applicable to the hazardous air pollutant concerned which provides an ample margin of safety to protect public health. Allows an interim limitation for a specified period if such emission limitation would require an emissions level lower than the lowest level achievable by application of all potential emission reduction measures. Limits the period for which any such interim emission limitation included in a permit may remain in effect to six years after the earlier of: (1) the date of initial promulgation of a national emission standard applicable to the emission of such hazardous air pollutant from sources in the category concerned; (2) the date of the required revision to conform with this Act of such standards promulgated before the enactment of this Act; or (3) the date of issuance of the permit. Provides that each such interim limitation shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures as determined at the time of issuance of the permit. Requires that any emission limitation or interim emission limitation established in such permits and applicable to the emission of any hazardous air pollutant be at least as stringent as the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of issuance of the permit) by any source or category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any other permit (as of the date of issuance of the permit concerned) applicable to any such source. Requires that any emission limitation or interim emission limitation established in such a permit be at least as stringent as any applicable interim standard promulgated or, if no such interim standard has been established, any applicable national emission standard promulgated. Establishes permit requirements for control of hazardous air pollutants from existing stationary sources. Makes it unlawful for an owner or operator to operate an existing source without a permit one year after promulgation of a national emissions standard applicable to hazardous air pollutant emissions from sources in such category (or one year after the enactment of this Act in the case of any standard promulgated before such enactment). Sets forth provisions for standards under such existing source permits which are similar to those for new and modified source permits. Authorizes the Administrator to grant a waiver permitting an existing source a period of up to two years after the effective date of the permit requirement to comply with the requirement, upon determination that such period is necessary for the installation of controls and that steps will be taken during the waiver period to assure that the health of persons will be protected from imminent endangerment. Allows the source owner or operator, prior to expiration of such waiver period, to apply to the Governor of the State in which the source is located for an emergency extension of the waiver for up to three years from its expiration date. Authorizes the Governor, after statewide notice and opportunity for public hearing and upon making specified determinations, to petition the President to grant such extension. Requires consultation with the Governor of any other State whose residents may become exposed to such source emissions, and statewide notice and opportunity for residents of such other State to participate in the public hearing on such waiver extension. Authorizes the President, after reviewing the hearing, public comments, and any recommendations of the Governor of another State, to grant such petition if the President specifically concurs in each of the findings of the petitioning Governor. Requires publication of the President's reasons for concurring or not concurring. Directs the President to report to Congress on each extension granted. Sets forth general requirements applicable to permits under provisions for national emissions standards for hazardous air pollutants. Sets forth such permit requirements relating to: (1) monitoring; (2) administrative procedure and judicial review of issuance; (3) delegation to State permit programs; (4) revocation, renewal, and review; and (5) fees. Authorizes the Administrator to promulgate regulations under which permits may be issued by rule to one or more classes of stationary sources which emit hazardous air pollutants in small annual amounts where such sources are numerous. Sets forth conforming amendments. Revises title II provisions of the Act relating to mobile sources to establish a program for the control of motor vehicle hazardous air pollutants. Defines a "motor vehicle hazardous air pollutant" as an air pollutant emitted from a motor vehicle or motor vehicle part, whether emitted into the ambient air or the interior of the motor vehicle, which the Administrator judges to cause or contribute to air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. Directs the Administrator, within 90 days after enactment of this Act, to publish a list which includes each motor vehicle hazardous air pollutant, and to revise such list from time to time. Requires that the list include: (1) lead, ethylene dibromide, diesel particulates, and benzene; and (2) each hazardous air pollutant listed under the Act if the Administrator determines that such air pollutant is emitted from a motor vehicle or motor vehicle part. Directs the Administrator to make such determination: (1) simultaneously with the hazardous air pollutant listing; or (2) in the case of hazardous air pollutants listed before the enactment of this Act, within 180 days after such enactment. Makes requirements relating to motor vehicle hazardous air pollutants nondiscretionary duties of the Administrator for purposes of citizen lawsuit provisions. Allows any person to bring a civil action to require the Administrator to comply with any such duty. Provides that notice requirements for citizen lawsuits shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite consideration of such action. Directs the Administrator to prescribe regulations to require manufacturers of motor vehicles, motor vehicle parts, fuels, fuel additives, oil, and oil additives to report to the Administrator any pollutant which is generated in normal use of its product and which it has reason to believe may be required to be listed as a motor vehicle hazardous air pollutant. Directs the Administrator, within one year after the inclusion of any motor vehicle hazardous air pollutant on the list (except in the case of lead) to publish proposed regulations: (1) under provisions for regulation of fuels and fuel additives respecting the substance concerned; or (2) (if it is technologically infeasible to achieve the objective of controlling a motor vehicle hazardous air pollutant under provisions for regulation of fuel or fuel additives) under provisions for new motor vehicles or engines establishing an emission standard for such pollutant. Directs the Administrator, within 180 days after publication of proposed regulations for establishing an emission standard for any motor vehicle hazardous air pollutant, to prescribe an emission standard applicable to the emission of such air pollutant from new motor vehicles and engines. Requires that such standard be established at a level which the Administrator judges to provide an ample margin of safety to protect public health. Sets forth provisions for interim standards for motor vehicle hazardous air pollutants which are similar to provisions for interim standards for stationary source hazardous air pollutants under this Act. Provides that, with specified exceptions, any new motor vehicle or engine emission standard established for a motor vehicle hazardous air pollutant shall become effective beginning with the second model year which commences after the model year in which such standard is promulgated. Requires that such regulations for emission standards for control of diesel particulate emissions establish standards which are at least as stringent as the following: (1) not more than 0.2 grams per mile (gpm) for model years 1986 and 1987 light-duty vehicles; (2) not more than 0.26 gpm for model years 1986 and 1987 light-duty trucks; (3) not more than 0.08 gpm for model years 1988 and after light- duty vehicles and light-duty trucks; and (4) not more than 0.25 grams per brake horsepower-hour for model years 1989 and after heavy-duty vehicles and engines. Directs the Administrator, within 180 days after publication of proposed regulations for any motor vehicle hazardous air pollutant which is a fuel or fuel additive, to prescribe a rule controlling or prohibiting the manufacture, introduction into commerce, offering for sale, or sale of such substance. Directs the Administrator to promulgate regulations prohibiting the use of lead or lead additives in gasoline after December 31, 1986. Revises title III general provisions of the Act to authorize appropriations for FY 1985 through 1990 to the Administrator to carry out the Act. Provides that nothing in this Act or in any amendment made by this Act authorizes appropriations for any research or development.

A bill to terminate certain authority of the executive branch of the Government which is subject to congressional review unless that authority is approved by an enactment of the Congress.

United States · United States Congress · 29 March 1984

Terminates the authority of the Administrator of the Environmental Protection Agency or any other Federal official (formerly subject to congressional veto) to promulgate regulations under title I (Hazardous Substances Releases, Liability, Compensation) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, unless the exercise of such authority is approved by an enactment of Congress within 180 days after enactment of this Act.

Estimates, 1984. - Vote 28: Environment (Revised Estimate) (Resumed).

Ireland · Dáil Éireann · 28 March 1984

That a sum not exceeding £656,924,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 1984, for the salaries and expenses of the Office of the Minister for the Environment, including grants in lieu of rates on agricultural land and other grants to Local Authorities, grants and other expenses in connection with housing, and miscellaneous schemes, subsidies and grants including certain grants-in-aid.

A bill to amend the Solid Waste Disposal Act to require any person selling a hazardous waste site to provide certain notice to the purchaser.

United States · United States Congress · 27 March 1984

Amends the Solid Waste Disposal Act to require any person selling a hazardous waste site to provide certain notice to the purchaser.

A bill to amend the Solid Waste Disposal Act to permit any State to regulate the transportation of solid waste into the State for purposes of storage or disposal in that State, and for other purposes.

United States · United States Congress · 20 March 1984

Amends the Solid Waste Disposal Act to permit any State to regulate the transportation of solid waste into that State for purposes of storage or disposal there. Permits such State to discriminate in any manner (including the amount of tax, fee, or charge on such importation, storage, or disposal) against solid waste which is imported from any other State. Provides that this Act shall not apply to waste listed or identified under hazardous waste management provisions of such Act.

A bill to amend and extend title I of the Marine Protection, Research, and Sanctuaries Act, as amended, for two years.

United States · United States Congress · 15 March 1984

Amends the Marine Protection, Research, and Sanctuaries Act to authorize appropriations for FY 1985 and 1986 for administering title I of such Act. Authorizes either the Administrator of the Environmental Protection Agency or the Secretary of the Army, in order to recover certain program costs, to collect an additional fee as a condition for issuing or maintaining an ocean dumping permit for dredged or certain other materials. States that such fee does not apply to other Federal agencies. Requires that the fee charged to non-Federal entities for disposal of dredged material be equal to the total cost of the dredged material program attributable to such entities.

Bilanz der Abfallwirtschaft seit 1975 (Fünf Jahre Abfallwirtschaftsprogramm der Bundesregierung - Bilanz '80, Ausgabe BMI Juli 1981) (G-SIG: 10001099)

Germany · German Bundestag · 15 March 1984

Dialog der Bundesregierung mit Natur- und Umweltschutzverbänden, Alternativen zur Abfallbeseitigung auf See, Umwelt- und Kostenbilanzen, Demonstrationsanlagen, Beseitigung von Sonderabfällen und Buntmetallschlämmen, Anlage von Monodeponien für späteres Recycling, Einschränkung der HCH-Verwendung, Aufarbeitung von Härtesalzen, Beseitigung von Abfällen aus der Petrochemie und Lackfabrikation

A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to provide for cleanup authority and liability for petroleum releases and to regulate underground storage tanks used for the storage of hazardous substances.

United States · United States Congress · 13 March 1984

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) to include (by removing an exclusion) under the definition of "hazardous substance" for purposes of CERCLA response and liability provisions: petroleum (including crude oil) and natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Includes (by removing an exclusion) under the definition of "pollutant or contaminant" for purposes of CERCLA response authorities: petroleum (including crude oil) and natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas). Sets forth a regulatory program with standards for underground storage tanks. Directs the Administrator, within 12 months after the enactment of this Act, to promulgate regulations establishing performance standards applicable to owners and operators of underground storage tanks used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons, in order to prevent releases into the environment for the operational life of the tank. Provides that such regulations shall apply only to underground storage tanks located on property used primarily for commercial or governmental purposes. Directs the Administrator to distinguish in such standards between requirements for new tanks and those for tanks already in existence. Sets forth requirements which must be included in such standards. Authorizes the Administrator to implement such standards through: (1) the promulgation of regulations made effective in accordance with specified hazardous waste management provisions of the Solid Waste Disposal Act; or (2) the establishment of a permit program, if necessary. Provides that such permits may be required for any person or category of persons who stores any hazardous substance, including gasoline or any other liquid hydrocarbon, in an underground storage tank located on property primarily used for commercial or governmental purposes. Provides that specified provisions of the Solid Waste Disposal Act shall apply to the program and requirements established under this Act in the same manner as such provisions apply to the hazardous waste regulatory program under such Act. Provides that the failure or refusal of an owner or operator of any underground storage tank to provide to a supplier of any hazardous substance, including gasoline or any other liquid hydrocarbon, appropriate evidence of compliance with standards established under this Act shall constitute a defense to any enforcement action brought under any other authority of law to require such supplier to deliver any such substance to such tank. Sets forth criminal penalties for persons who knowingly commit material violations or omissions with respect to requirements established by the Administrator under the regulatory program established by this Act, if such violation or omission results in a release or threatened release of any hazardous substance, including gasoline or other liquid hydrocarbon, from an underground storage tank. Authorizes appropriations for FY 1985 through 1987 to carry out this regulatory program. Provides that up to 50 percent of such appropriations in any such fiscal year may be used to make grants to States for development and implementation of State programs to carry out this regulatory program. Directs the Administrator, within one year after the enactment of this Act, to conduct a study regarding underground storage tanks which are located on residential property and used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to Congress on the results of such study, with recommendations on whether such tanks on residential property should be subject to requirements under this regulatory program.

A bill expressing the sense of Congress with respect to preemption of State and local laws restricting the transportation of hazardous materials and requiring the Secretary of Transportation to submit to Congress a report on proposed routes for the transportation of hazardous materials through less populated areas.

United States · United States Congress · 13 March 1984

Expresses the sense of Congress that the Department of Transportation, in exercising its authority to exempt from preemption State and local laws, should permit State and local governments greater authority to restrict the transportation of hazardous (especially nuclear) materials. Directs the Secretary of Transportation to report to Congress, not later than one year after the date of enactment of this Act, on proposed new routes for the transportation of hazardous materials through rural areas and areas less populated than those through which such materials are currently transported.

A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to establish certain requirements with respect to hazardous substances released from Federal facilities, and for other purposes.

United States · United States Congress · 12 March 1984

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) ("Superfund") to establish certain requirements with respect to hazardous substances released from Federal facilities. Authorizes the Administrator of the Environmental Protection Agency to enter into specified interagency agreements with any Federal agency. Directs the Administrator, in addition to undertaking response action, to take action under CERCLA against any Federal agency in the same manner and to the same extent as against a nongovernmental entity, unless such an interagency agreement is reached within specified time periods. Sets forth procedures for interagency agreements and emergency actions applicable to Federal agencies under CERCLA. Directs the Administrator to establish a special Federal Agency Hazardous Waste Compliance Docket. Directs the Administrator to report annually to Congress on: (1) progress in reaching interagency agreements; (2) cost estimates and budgetary proposals involved; (3) public comments regarding each proposed agreement; and (4) instances in which no agreement has been reached, including an explanation of why no agreement was reached. Authorizes citizen lawsuits under CERCLA against: (1) any person (including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any requirement which has become effective pursuant to CERCLA; or (2) the Administrator where there is an alleged failure to perform any non-discretionary act or duty under CERCLA. Sets forth requirements relating to such citizen lawsuits, which are to be brought in the appropriate U.S. district court. Directs the President, within 90 days after the enactment of this Act, to publish a schedule for including on the national priority list under CERCLA any federally owned or operated facilities which present a risk or danger to public health or welfare or the environment. Provides that such facilities shall be included on such list in the same manner and subject to the same criteria as facilities which are owned or operated by other persons.

Hazardous Air Pollutants Amendments Act of 1984

United States · United States Congress · 8 March 1984

Hazardous Air Pollutants Amendments Act of 1984 - Title I: - Amends the Clean Air Act ("the Act") to provide for the control of hazardous air pollutants from stationary and mobile sources. Provides for expedited listing of hazardous air pollutants. Directs the Administrator of the Environmental Protection Agency (EPA), within 90 days after enactment of this Act, to classify 35 substances into two categories for purposes of determining whether such substances are hazardous air pollutants as defined under provisions for national emission standards for hazardous air pollutants (NESHAPs). Requires that 25 substances, including each of the 22 substances listed in specified testimony of the Administrator before Congress, be classified in the first category. Requires that ten additional substances, from among the 37 substances identified to Congress on a specified date by the EPA as being in the assessment phase of the review process, be classified in the second category. Authorizes the Administrator, at any time up to 90 days before the commencement of specified determination proceedings for any substance in the second category, to substitute for that substance another substance if the Administrator determines that there is a higher priority for determining whether the substitute substance is a hazardous air pollutant. Directs the Administrator to republish the classification with a statement of the reasons for such substitution. Directs the Administrator to commence hazardous air pollutant determination proceedings concerning: (1) the 25 substances in the first category, within 90 days after enactment of this Act; and (2) the ten substances in the second category, within one year after such enactment. Requires that such proceedings include an opportunity for a public hearing. Directs the Administrator to solicit and consider the advice of the Science Advisory Board in making a determination in such proceedings. Directs the Administrator to establish a docket for such proceeding containing all relevant information and analyses in EPA's possession. Directs the Administrator to make a hazardous air pollutant determination for each substance: (1) in the first category by January 1, 1986; and (2) in the second category by January 1, 1987. Directs the Administrator, simultaneously with such determination, to include any substance determined to be a hazardous air pollutant on the required published list and to publish a list of all categories of stationary sources which emit such pollutant. Directs the Administrator, for each category of stationary sources listed as emitting a hazardous air pollutant which was classified in the first category and subsequently listed, to: (1) publish proposed national emission standards (and, if necessary, proposed interim standards) by January 1, 1987; and (2) promulgate national emission standards (and, if necessary, interim standards), by January 1, 1988. Requires, for categories of stationary sources listed as emitting hazardous air pollutants classified in the second category and subsequently listed, publication of proposed standards by January 1, 1988, and promulgation of standards by January 1, 1989. Makes requirements under this Act relating to such expedited listing of, and promulgation of standards for, hazardous air pollutants nondiscretionary duties of the Administrator, for purposes of citizen lawsuit provisions of the Act. Allows any person to bring a civil action to require the Administrator to make any classification, commence any proceeding, make any determination, list any substance, or propose or promulgate any standard in accordance with specified provisions of this Act. Provides that the notice requirement under citizen lawsuit provisions shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite its consideration of such action. Requires that a substance be treated as listed as a hazardous air pollutant until the Administrator makes a determination, if the Administrator has not made the required determination by the specified deadline. Directs a court to issue an order requiring a substance classified in the first or second category to be treated as listed as a hazardous air pollutant until the Administrator completes further proceedings, if: (1) the Administrator determines that such substance is not a hazardous air pollutant; and (2) the court reviewing such determination for any reason remands such determination to the Administrator for further proceedings. Directs the Administrator, on or before January 31, 1987, to commence hazardous air pollutant determination proceedings for each substance which: (1) has been classified, prior to January 31, 1987, by the national toxicology program as a known carcinogen or as a substance which may reasonably be anticipated to cause cancer; (2) is an air pollutant; and (3) has not been the subject of a determination under provisions of this Act for the 35 substances classified in two categories. Requires that such proceeding be completed within one year from the date required for commencement. Provides for annual hazardous air pollutant determination proceedings beginning on or before January 31, 1988, for each air pollutant which has been classified during the preceding year by the national toxicology program as a carcinogen or as one which may reasonably be anticipated to cause cancer. Requires that such proceedings be completed within one year from the date required for commencement. Revises provisions for NESHAPs. Directs the Administrator to publish and revise a list which includes each air pollutant which has been determined to be a hazardous air pollutant. Requires that such list also be revised to include the pollutants listed in accordance with the timetables established under this Act (including the pollutants listed by operation of law if the Administrator has not made a required determination by the specified deadline). Provides for emissions standards for control of hazardous air pollutants from stationary sources. Directs the Administrator to publish with the listing of a hazardous air pollutant (including a listing by operation of law) or the revision of such listing a list or revised list of all categories of stationary sources which emit such air pollutant. Requires that such list of source categories be revised whenever necessary to include all categories of stationary sources which emit any hazardous air pollutant listed. Directs the Administrator, within one year after listing a hazardous air pollutant, to publish proposed national emission standards (and, if necessary, proposed interim standards) for each category of stationary sources listed as emitting such air pollutant. Directs the Administrator, within one year after proposal of such standards, to promulgate national emission standards (and, if necessary, interim standards) for each such category of new stationary sources. Requires that such standards be established at a level which, in the Administrator's judgment, provides an ample margin of safety to protect public health. Authorizes the Administrator to also promulgate such an interim standard if a specified determination is made. Prohibits, with specified exceptions, the promulgation of any such interim standard at any time other than simultaneously with the initial promulgation of the national emission standard applicable to the emission of the hazardous air pollutant from such category of stationary sources. Prohibits revision of any such interim standard to make it less stringent after the date on which it takes effect. Allows promulgation of any such interim standard only if the Administrator determines that the national standard for such sources requires an emissions level of that hazardous air pollutant which is lower than the lowest level achievable (as determined at the date of promulgation) by the application of all potential emission reduction measures. Limits the period for which any such interim standard may remain in effect to six years after the date of the initial promulgation of the applicable national standard. Provides that any such interim standard shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures. Defines "all potential emission reduction measures" as all measures or techniques for the reduction of emissions of the hazardous air pollutant concerned, except those which the Administrator finds to be technologically infeasible at the time of the determination on the date of promulgation. Includes the use of advanced emission control technology, closed systems, or substitute raw materials, processes, or products among such measures and techniques, except those found technologically infeasible. Prohibits any such national emissions standard or interim standard applicable to the emission of any hazardous air pollutant from being less stringent than the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of proposal of the standard) by any source in the category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any permit (as of the date of proposal of the standard) applicable to any such source. Authorizes the Administrator to distinguish among classes, types, and sizes within categories of sources for purposes of establishing such national emission standards (including interim standards) for stationary sources emitting hazardous air pollutants. Directs the Administrator to revise such national standards where appropriate following periodic review. Directs the Administrator to complete a review of each such national standard within eight years from the date of promulgation, and at eight-year intervals thereafter. Directs the Administrator, within four years after enactment of this Act, to: (1) complete a review of each national emissions standard for hazardous air pollutants in effect on December 1, 1983, applicable to each hazardous air pollutant listed prior to December 31, 1983; and (2) revise the national emission standard (and if necessary promulgate an interim standard) for such hazardous air pollutant in accordance with this Act. Establishes permit requirements for new or modified sources of hazardous air pollutants. Requires such permits to be obtained from the Administrator or a delegated State prior to: (1) construction of any new stationary source which emits any hazardous air pollutant listed under the Act; or (2) modification of any existing stationary source which emits any such listed hazardous air pollutant if such modification will increase the emission of that hazardous air pollutant. Provides that such permits shall require compliance by the source with an emission limitation applicable to the hazardous air pollutant concerned which provides an ample margin of safety to protect public health. Allows an interim limitation for a specified period if such emission limitation would require an emissions level lower than the lowest level achievable by application of all potential emission reduction measures. Limits the period for which any such interim emission limitation included in a permit may remain in effect to six years after the earlier of: (1) the date of initial promulgation of a national emission standard applicable to the emission of such hazardous air pollutant from sources in the category concerned; (2) the date of the required revision to conform with this Act of such standards promulgated before the enactment of this Act; or (3) the date of issuance of the permit. Provides that each such interim limitation shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures as determined at the time of issuance of the permit. Requires that any emission limitation or interim emission limitation established in such permits and applicable to the emission of any hazardous air pollutant be at least as stringent as the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of issuance of the permit) by any source or category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any other permit (as of the date of issuance of the permit concerned) applicable to any such source. Requires that any emission limitation or interim emission limitation established in such a permit be at least as stringent as any applicable interim standard promulgated or, if no such interim standard has been established, any applicable national emission standard promulgated. Establishes permit requirements for control of hazardous air pollutants from existing stationary sources. Makes it unlawful for an owner or operator to operate an existing source without a permit one year after promulgation of a national emissions standard applicable to hazardous air pollutant emissions from sources in such category (or one year after the enactment of this Act in the case of any standard promulgated before such enactment). Sets forth provisions for standards under such existing source permits which are similar to those for new and modified source permits. Authorizes the Administrator to grant a waiver permitting an existing source a period of up to two years after the effective date of the permit requirement to comply with the requirement, upon determination that such period is necessary for the installation of controls and that steps will be taken during the waiver period to assure that the health of persons will be protected from imminent endangerment. Allows the source owner or operator, prior to expiration of such waiver period, to apply to the Governor of the State in which the source is located for an emergency extension of the waiver for up to three years from its expiration date. Authorizes the Governor, after statewide notice and opportunity for public hearing and upon making specified determinations, to petition the President to grant such extension. Requires consultation with the Governor of any other State whose residents may become exposed to such source emissions, and statewide notice and opportunity for residents of such other State to participate in the public hearing on such waiver extension. Authorizes the President, after reviewing the hearing, public comments, and any recommendations of the Governor of another State, to grant such petition if the President specifically concurs in each of the findings of the petitioning Governor. Requires publication of the President's reasons for concurring or not concurring. Directs the President to report to Congress on each extension granted. Sets forth general requirements applicable to permits under provisions for national emissions standards for hazardous air pollutants. Sets forth such permit requirements relating to: (1) monitoring; (2) administrative procedure and judicial review of issuance; (3) delegation to State permit programs; (4) revocation, renewal, and review; and (5) fees. Authorizes the Administrator to promulgate regulations under which permits may be issued by rule to one or more classes of stationary sources which emit hazardous air pollutants in small annual amounts where such sources are numerous. Sets forth conforming amendments. Title II: Hazardous Air Pollutants from Motor Vehicles - Amends Clean Air Act provisions relating to mobile sources to establish a program for the control of motor vehicle hazardous air pollutants. Defines a "motor vehicle hazardous air pollutant" as an air pollutant emitted from a motor vehicle or motor vehicle part, whether emitted into the ambient air or the interior of the motor vehicle, which the Administrator judges to cause or contribute to air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. Directs the Administrator, within 90 days after enactment of this Act, to publish a list which includes each motor vehicle hazardous air pollutant, and to revise such list from time to time. Requires that the list include: (1) lead, ethylene dibromide, diesel particulates, and benzene; and (2) each hazardous air pollutant listed under the Act if the Administrator determines that such air pollutant is emitted from a motor vehicle or motor vehicle part. Directs the Administrator to make such determination: (1) simultaneously with the hazardous air pollutant listing; or (2) in the case of hazardous air pollutants listed before the enactment of this Act, within 180 days after such enactment. Makes requirements relating to motor vehicle hazardous air pollutants nondiscretionary duties of the Administrator for purposes of citizen lawsuit provisions. Allows any person to bring a civil action to require the Administrator to comply with any such duty. Provides that notice requirements for citizen lawsuits shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite consideration of such action. Directs the Administrator to prescribe regulations to require manufacturers of motor vehicles, motor vehicle parts, fuels, fuel additives, oil, and oil additives to report to the Administrator any pollutant which is generated in normal use of its product and which it has reason to believe may be required to be listed as a motor vehicle hazardous air pollutant. Directs the Administrator, within one year after the inclusion of any motor vehicle hazardous air pollutant on the list (except in the case of lead) to publish proposed regulations: (1) under provisions for regulation of fuels and fuel additives respecting the substance concerned; or (2) (if it is technologically infeasible to achieve the objective of controlling a motor vehicle hazardous air pollutant under provisions for regulation of fuel or fuel additives) under provisions for new motor vehicles or engines establishing an emission standard for such pollutant. Directs the Administrator, within 180 days after publication of proposed regulations for establishing an emission standard for any motor vehicle hazardous air pollutant, to prescribe an emission standard applicable to the emission of such air pollutant from new motor vehicles and engines. Requires that such standard be established at a level which the Administrator judges to provide an ample margin of safety to protect public health. Sets forth provisions for interim standards for motor vehicle hazardous air pollutants which are similar to provisions for interim standards for stationary source hazardous air pollutants under this Act. Provides that, with specified exceptions, any new motor vehicle or engine emission standard established for a motor vehicle hazardous air pollutant shall become effective beginning with the second model year which commences after the model year in which such standard is promulgated. Requires that such regulations for emission standards for control of diesel particulate emissions establish standards which are at least as stringent as the following: (1) not more than 0.2 grams per mile (gpm) for model years 1986 and 1987 light-duty vehicles; (2) not more than 0.26 gpm for model years 1986 and 1987 light-duty trucks; (3) not more than 0.08 gpm for model years 1988 and after light-duty vehicles and light-duty trucks; and (4) not more than 0.25 grams per brake horsepower-hour for model years 1989 and after heavy-duty vehicles and engines. Directs the Administrator, within 180 days after publication of proposed regulations for any motor vehicle hazardous air pollutant which is a fuel or fuel additive, to prescribe a rule controlling or prohibiting the manufacture, introduction into commerce, offering for sale, or sale of such substance. Directs the Administrator to promulgate regulations prohibiting the use of lead or lead additives in gasoline after December 31, 1986.

A bill to amend the Natural Gas Pipeline Safety Act of 1968, as amended, and the Hazardous Liquid Pipeline Safety Act of 1979 to authorize appropriations for fiscal years 1985 and 1986.

United States · United States Congress · 7 March 1984

Amends the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 to authorize appropriations for FY 1985 and 1986 to carry out such Acts.

A bill to amend the Clean Air Act with respect to mobile source emissions control.

United States · United States Congress · 1 March 1984

Amends the Clean Air Act ("the Act") to revise mobile source emissions control provisions to prohibit any individual from: (1) tampering with a pollution control device or elements of design; or (2) using leaded gasoline, or other prohibited or controlled fuels or fuel additives, in certain motor vehicles or engines. Makes such amendments effective 90 days after enactment of this Act. Provides that inspection and maintenance program requirements for nonattainment areas must include requirements that all motor vehicles which are or were equipped with an emission control device or element of design in compliance with specified regulations under the Act must have such device or element in good working order to pass the State inspection. Makes such amendment effective on January 1, 1985. Authorizes appropriations, in addition to any amount authorized under the Act, for FY 1985 to the Environmental Protection Agency (EPA) for: (1) research on the development of technology which could be used in gasoline vapor recovery and which could also reduce the possibility of the prohibited use of leaded fuel in motor vehicles and motor vehicle engines; and (2) a study on the relationship between gasoline octane levels and the performance of motor vehicles and motor vehicle engines, including recommendations for methods to assure adequate engine performance with the use of lower octane levels in unleaded gasoline and/or recommendations to increase the octane levels in unleaded gasoline. Makes it unlawful, effective 90 days after enactment of this Act, for: (1) any retailer to sell any leaded gasoline for less than the lowest price per unit at which such retailer offers unleaded gasoline sells at same retailer outlet; or (2) any refiner, distributor, or reseller to sell any leaded gasoline for less than the price per unit (for the same quantity) at which such refiner, distributor, or reseller offers unleaded gasoline at the same time under the same conditions of sale. Makes it unlawful, effective January 1, 1990, for any person to sell, offer for sale, or introduce into commerce, leaded gasoline for use as a fuel for any highway vehicle.

A bill to amend the Solid Waste Disposal Act to establish certain rules regarding the liability of corporate officers and employees for criminal acts with respect to hazardous waste.

United States · United States Congress · 1 March 1984

Amends the Solid Waste Disposal Act to provide that both the corporate employee who commits a specified criminal act with respect to the disposal of hazardous waste and any responsible corporate officer shall be subject to prescribed criminal penalties.

A bill to amend the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to undertake a study on consumptive uses of Great Lakes water.

United States · United States Congress · 1 March 1984

Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to authorize the Administrator of the Environmental Protection Agency to undertake a study on consumptive uses of Great Lakes water. Authorizes the Administrator to conduct such study, in cooperation with other interested Federal agencies and the eight Great Lake States and their local governments, of all possible control measures which can be implemented to reduce the quantity of Great Lakes water consumed without adversely affecting the projected growth of the Great Lakes region. Requires that such study include an analysis of both existing and new technology which appears to be feasible in the foreseeable future. Requires that such study include at a minimum: (1) a review of methodologies used to forecast Great Lakes consumptive uses; (2) a discussion of environmental and economic impacts associated with various types of cooling systems for thermal electric generating plants; (3) an analysis of the effect of laws, regulations, and national policy objectives on consumptive uses of Great Lakes water used in manufacturing; (4) an analysis of the economic effects on a consuming industry and other Great Lakes interests associated with a particular consumptive use control strategy; (5) an analysis of associated environmental impacts, both singularly and in combination with other consumptive use control strategies; and (6) a summary discussion of recommendations of methods of controlling consumptive uses so as to maximize benefits to the Great Lakes ecosystem and also provide for continued full economic growth for consuming industries as well as other industries which depend on the use of Great Lakes water. Authorizes appropriations for fiscal years beginning after September 30, 1984.

84/139/EEC: Council Decision of 1 March 1984 revising the sectoral research and development programme in the field of environment (environmental protection and climatology) (indirect and concerted actions, 1981 to 1985) adopted by Decision 81/213/EEC

European Union · EUR-Lex · 1 March 1984

A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to provide for cleanup authority and liability for petroleum releases and to regulate underground storage tanks used for the storage of hazardous substances.

United States · United States Congress · 29 February 1984

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) to include (by removing an exclusion) under the definition of "hazardous substance" for purposes of CERCLA response and liability provisions: petroleum (including crude oil) and natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Includes (by removing an exclusion) under the definition of "pollutant or contaminant" for purposes of CERCLA response authorities: petroleum (including crude oil) and natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas). Sets forth a regulatory program with standards for underground storage tanks. Directs the Administrator, within 12 months after the enactment of this Act, to promulgate regulations establishing performance standards applicable to owners and operators of underground storage tanks used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons, in order to prevent releases into the environment for the operational life of the tank. Provides that such regulations shall apply only to underground storage tanks located on property used primarily for commercial or governmental purposes. Directs the Administrator to distinguish in such standards between requirements for new tanks and those for tanks already in existence. Sets forth requirements which must be included in such standards. Authorizes the Administrator to implement such standards through: (1) the promulgation of regulations made effective in accordance with specified hazardous waste management provisions of the Solid Waste Disposal Act; or (2) the establishment of a permit program, if necessary. Provides that such permits may be required for any person or category of persons who stores any hazardous substance, including gasoline or any other liquid hydrocarbon, in an underground storage tank located on property primarily used for commercial or governmental purposes. Provides that specified provisions of the Solid Waste Disposal Act shall apply to the program and requirements established under this Act in the same manner as such provisions apply to the hazardous waste regulatory program under such Act. Provides that the failure or refusal of an owner or operator of any underground storage tank to provide to a supplier of any hazardous substance, including gasoline or any other liquid hydrocarbon, appropriate evidence of compliance with standards established under this Act shall constitute a defense to any enforcement action brought under any other authority of law to require such supplier to deliver any such substance to such tank. Sets forth criminal penalties for persons who knowingly commit material violations or omissions with respect to requirements established by the Administrator under the regulatory program established by this Act, if such violation or omission results in a release or threatened release of any hazardous substance, including gasoline or other liquid hydrocarbon, from an underground storage tank. Authorizes appropriations for FY 1985 through 1987 to carry out this regulatory program. Provides that up to 50 percent of such appropriations in any such fiscal year may be used to make grants to States for development and implementation of State programs to carry out this regulatory program. Directs the Administrator, within one year after the enactment of this Act, to conduct a study regarding underground storage tanks which are located on residential property and used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to Congress on the results of such study, with recommendations on whether such tanks on residential property should be subject to requirements under this regulatory program.

A bill entitled the "Urban Radioactive Materials Protection Act of 1984".

United States · United States Congress · 28 February 1984

Amends the National Environmental Policy Act to require an environmental impact statement from the agency which approves the transportation of radioactive waste materials by highway routing through a standard metropolitan area. Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to issue new regulations on routing requirements after filing and considering an environmental impact statement and making an environmental and safety assessment of alternative routes for shipment of such materials.

Hazardous Materials Transportation Act Amendments of 1984

United States · United States Congress · 28 February 1984

Hazardous Materials Transportation Act Amendments of 1984 - Declares the purpose of this Act to be to promote the public safety by providing State and local governments with the authority to adequately meet their enforcement and emergency response responsibilities. Amends the Hazardous Materials Transportation Act to set forth standards and procedures for the Secretary of Transportation to use in making inconsistency and nonpreemption determinations about State and local safety requirements in relation to Federal requirements. Directs the Secretary to enter into cooperative agreements for the establishment of regional training centers to train State and local personnel to: (1) respond to hazardous materials transportation accidents; and (2) enforce State and local hazardous materials transportation requirements. States that such agreements shall be for terms of three years. Requires any party to an agreement with the Secretary to bear the cost of constructing training facilities. Directs the Secretary to provide, upon request, training materials and other assistance as may be appropriate. Requires parties to agreements with the Secretary, in developing training materials, to consider the procedures and standards for responding to hazardous substance releases as set forth in the national contingency plan required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Directs (currently, authorizes) the Secretary to establish: (1) criteria for handling hazardous materials; and (2) minimum levels of insurance coverage sufficient to meet injury or damage claims resulting from transportation of such materials. Directs (currently, authorizes) the Secretary to require transporters or shippers of hazardous materials to submit registration statements and to amend such statements as necessary. Requires the Secretary to study and determine the most effective, equitable, and cost-efficient method for imposing a fee on all participants in the registration program to assist States or political subdivisions in developing and conducting enforcement and emergency response programs related to transportation of hazardous materials. Requires a report to Congress on such study within 12 months of enactment. Authorizes appropriations for FY 1985.

A bill to amend the Clean Air Act to promote competitiveness in the motor vehicle aftermarket and to preserve consumer freedom of choice to select parts and service, and for other purposes.

United States · United States Congress · 28 February 1984

Amends the Clean Air Act ("the Act") to revise warranty provisions. Requires the manufacturer of each new motor vehicle and engine to warrant to the ultimate and each subsequent purchaser that such vehicle or engine is: (1) equipped with emission control components designed to enable such vehicle or engine to conform at the time of sale with applicable regulations under the Act; and (2) free from defects in materials and workmanship which cause such vehicle or engine to fail to conform with applicable regulations for the first two years or the first 24,000 miles, whichever first occurs. Repeals provisions relating to certification of motor vehicle or engine parts by manufacturers or rebuilders. Sets the warranty period for emission control components on new motor vehicles or engines at two years or 24,000 miles, whichever occurs first. Defines "emission control component" to mean only a catalytic converter, thermal reactor, or other component installed on or in a vehicle for the sole purpose of reducing vehicle emissions. Excludes from such term vehicle components which were in general use prior to model year 1968. Deletes requirements that a manufacturers' instructions for maintenance and use: (1) correspond to regulations promulgated by the Administrator of the Environmental Protection Agency; and (2) contain references to the certification of automotive parts. Repeals provisions for waivers of the prohibition against a manufacturers' instructions containing conditions on using certain components or services or distinguishing between services offered by certain automotive repair facilities. Requires that State standards for warranties or prescribed maintenance requirements for new motor vehicles and engines be identical to Federal standards. Revises prohibitions against tampering with pollution control parts or components to specify exceptions in connection with routine maintenance. Prohibits State standards for new motor vehicle emissions in nonattainment areas from including any provisions similar to specified warranty provisions under the Act. Makes technical and conforming amendments to provisions for replacement and maintenance costs borne by the owner. Makes a prohibition against a manufacturers' communications conditioning a warranty under the Act upon the purchaser's use of certain brands of parts, components, or systems, or of certain service agents, inapplicable to communications regarding any part, component, or system, or service provided without charge under the terms of the purchase agreement.

Comprehensive Environmental Response, Compensation, and Liability Act Amendments of 1984

United States · United States Congress · 23 February 1984

Comprehensive Environmental Response, Compensation, and Liability Act Amendments of 1984 - Title I: Funding - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) to replace provisions for environmental taxes on petroleum, certain chemicals, and hazardous waste disposal with provisions for fees on petroleum, certain chemicals, and hazardous waste disposal and provisions for the collection, enforcement, and deposit of such fees in the Hazardous Substance Response Trust Fund. Imposes a fee of four cents a barrel on: (1) crude oil received at a U.S. refinery (to be paid by the operator of the U.S. refinery); and (2) petroleum products entering the United States for consumption, use, or warehousing (to be paid by the person entering the product for such purposes). Imposes such fee (to be paid by the user or exporter) on any domestic crude oil if: (1) it is used in or exported from the United States; and (2) such fee was not imposed before such use or exemption. Provides that such fee shall not apply to any use of domestic crude oil for extracting oil or natural gas on the premises where such crude oil was produced. Sets forth definitions and special rules. Provides that only one fee may be imposed under this part with respect to any petroleum product. Makes such fee effective on October 1, 1985. Provides that such fee shall not apply after September 30, 1990. Imposes a fee on any assessed chemicals sold (or used) by the manufacturer, producer, or importer thereof. Sets forth a table of assessed chemicals, with a specified fee per ton for each. Sets forth definitions, exceptions, and other special rules. Provides for a refund or credit for certain uses. Makes such fee effective on October 1, 1985. Provides that such fee shall not apply after September 30, 1990. Imposes a fee on the disposal of hazardous waste which is listed or identified under specified provisions of the Solid Waste Disposal Act. Provides that such fee shall apply only to hazardous waste disposal which is required to be carried out in compliance with hazardous waste management provisions of such Act, and shall not apply to the treatment of any hazardous waste, including thermal treatment by incineration at a facility for which a permit is in effect under hazardous waste management provisions of such Act. Sets the amount of such fee at: (1) $20 per ton of assessable hazardous waste which is disposed of by means other than underground injection; and (2) $10 per ton of assessable hazardous waste which is disposed of by means of underground injection. Requires the owner or operator of the facility to pay such fee with respect to the disposal of any hazardous waste at a facility for which a permit is in effect under the hazardous waste management provisions of the Solid Waste Disposal Act. Requires the person disposing of the hazardous waste to pay such fee with respect to any other disposal of hazardous waste. Sets forth special rules relating to such fee on disposal of hazardous waste. Provides that no such fee shall be imposed on the disposal of any solid waste which is required to be studied under specified provisions of the Solid Waste Disposal Act unless, after receipt of the required studies, the Congress enacts legislation respecting the application of such fee to such solid waste. Makes the fee on disposal of hazardous waste effective on October 1, 1985. Provides that such fee shall not apply after September 30, 1990. Directs the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for the collection of fees under this title, including reporting and information-gathering regulations. Authorizes the Administrator to use authorities relating to inspection of records and access under hazardous waste management provisions of the Solid Waste Disposal Act and specified provisions of this Act for purposes of carrying out this title. Sets forth criminal and civil penalties for specified violations of this title. Requires that revenues from fees established under this title be deposited in the Hazardous Substance Response Trust Fund. Authorizes appropriations to the Fund for FY 1986 through 1990. Title II: Amendments Relating to Response Authorities under CERCLA - Amends CERCLA to revise provisions relating to response authorities. Revises provisions relating to the State share of certain costs. Prohibits the Administrator from providing specified remedial actions unless the State in which the release first occurs enters into a contract or cooperative agreement with the Administrator providing specified assurances deemed adequate by the Administrator. Limits the State share to: (1) ten percent of the future operation and maintenance costs of any onsite remedial actions provided for the expected life of such actions, as determined by the Administrator, and ten percent of costs of the remedial action; or (2) 50 percent of any sums expended in response to a release or threatened release at a facility (not including navigable waters or the beds underlying those waters) that was owned and operated by the State or local government at the time of any disposal of hazardous substances therein, including all future operation and maintenance costs of any onsite remedial action. Directs the President to reimburse from the Fund any State which has paid, at any time after the enactment of CERCLA, in excess of ten percent of the costs of remedial action at a facility owned but not operated by the State or local government. Repeals specified provisions relating to CERCLA preemption of State law (thus allows States to require taxes or other contributions to State funds similar to Superfund. Authorizes States to bring abatement actions under CERCLA in Federal district courts and to take other necessary abatement actions, including issuing orders to protect public health and welfare and the environment. Raises the amount of the fine for willful violations of, or failures or refusals to comply with, such abatement orders of the President (or of a State). Sets forth provisions for citizen petitions for evaluation of facilities included in the emergency and remedial response information system (ERRIS). Allows any person, in the case of any release or threatened release at an ERRIS facility, to petition the Administrator to evaluate such facility in accordance with the hazard ranking system under the national contingency plan in order to determine the national priority of such release or threatened release. Directs the Administrator, upon receipt of any such petition, to promptly commence such evaluation or provide a written explanation as to why such evaluation is not warranted. Authorizes the Administrator to make grants available to any group of individuals which may be affected by a release or threatened release at any facility which is listed under the national priorities list under the national contingency plan for the purpose of enabling such group to obtain technical assistance to review and assess data and information prepared by the Administrator in connection with: (1) the evaluation of such facility under the hazard ranking system; or (2) any proposed plan for remedial action at such facility. Allows only one such grant with respect to any single facility. Limits the amount of any such grant to $40,000. Requires each grant recipient to contribute at least one-eighth of the total costs of the review and assessment. Sets forth standards for cleanup actions under CERCLA response authorities. Provides that the remedial action selected shall require that the level or standard of control of each hazardous substance, pollutant, or contaminant be consistent with such standards under other relevant provisions of law. Directs the Administrator to make any revisions in the national contingency plan necessary to carry out such purpose. Permits waivers of such standards if: (1) an alternative remedial action will provide protection of human health and the environment substantially equivalent to the remedial action which would be necessary to comply with such standards; or (2) compliance with such standards at the site or facility in question will consume such a disproportionate share of the Fund resources as to have the effect of deferring or preventing remedial action at other sites or facilities which pose a significantly greater threat to human health and the environment. Provides that no permit shall be required under Federal, State, or local law for any removal or remedial action undertaken by any person pursuant to CERCLA at the location of the release or threatened release. Authorizes the Administrator to establish the exclusive administrative procedures for making any determination under provisions for standards for CERCLA cleanups. Includes (by removing an exclusion) under the definition of "hazardous substance" for purposes of CERCLA response and liability provisions: petroleum (including crude oil) and natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Includes (by removing an exclusion) under the definition of "pollutant or contaminant" for purposes of CERCLA response authorities: petroleum (including crude oil) and natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas). Sets forth a regulatory program with standards for underground storage tanks. Directs the Administrator, within 12 months after the enactment of this Act, to promulgate regulations establishing performance standards, applicable to owners and operators of underground storage tanks used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons, in order to prevent releases into the environment for the operational life of the tank. Provides that such regulations shall apply only to underground storage tanks located on property used primarily for commercial or governmental purposes. Directs the Administrator to distinguish in such standards between requirements for new tanks and those for tanks already in existence. Sets forth requirements which must be included in such standards. Authorizes the Administrator to implement such standards through: (1) promulgation of regulations made effective in accordance with specified hazardous waste management provisions of the Solid Waste Disposal Act; or (2) establishment of a permit program if necessary. Provides that such permits may be required for any person or category of persons who stores any hazardous substance, including gasoline or any other liquid hydrocarbon, in an underground storage tank located on property primarily used for commercial or governmental purposes. Provides that specified provisions of the Solid Waste Disposal Act shall apply to the program and requirements established under this Act in the same manner as such provisions apply to the hazardous waste regulation program under such Act. Provides that the failure or refusal of an owner or operator of any underground storage tank to provide to a supplier of any hazardous substance, including gasoline or any other liquid hydrocarbon, appropriate evidence of compliance with standards established under this Act shall constitute a defense to any enforcement action brought under any other authority of law to require such supplier to deliver any such substance to such tank. Sets forth criminal penalties for persons who knowingly commit material violations or omissions with respect to requirements established by the Administration under the regulatory program established by this Act, if such violation or omission results in a release or threatened release of any hazardous substance (including gasoline or other liquid hydrocarbon) from an underground storage tank. Authorizes appropriations for FY 1985 through 1987 to carry out this regulatory program. Provides that up to 50 percent of such appropriations in any such fiscal year may be used to make grants to States for development and implementation of State programs to carry out this regulatory program. Directs the Administrator, within one year after the enactment of this Act, to conduct a study regarding underground storage tanks which are located on residential property and used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of such study, with recommendations on whether such tanks on residential property should be subject to requirements under this regulatory program. Makes CERCLA national contingency plan provisions applicable to federally owned or operated facilities. Directs the Administrator, within one year after the enactment of this Act, to: (1) apply specified criteria (for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action) to each facility owned or operated by a Federal agency at which there is a release or threatened release of any hazardous substance or pollutant or contaminant; and (2) revise the national priority list (based on such criteria) to include such Federal facilities in the same manner and to the same extent as non-Federal facilities. Provides for remedial investigations and feasibility studies at Federal facilities. Directs each Federal agency with administrative jurisdiction over any facility included on the national priority list under the national contingency plan to conduct, in accordance with such plan, a remedial investigation and feasibility study with respect to such facility. Requires that such investigations and studies be completed by December 31, 1986. Directs the Administrator to approve such investigations and studies which are consistent with the national contingency plan. Directs the Federal agency involved to commence remedial actions at such facility within 120 days after such approval by the Administrator. Includes references to "pollutants" or "contaminants," in addition to "hazardous substances," under CERCLA liability provisions. Revises the statute of limitations under CERCLA claims procedure provisions to allow presentation of claims and commencement of specified cost recovery actions until six years after the date of completion of the response action. Limits court review of abatement orders under CERCLA to actions to: (1) enforce such orders; (2) recover penalties for violations of such orders; or (3) recover punitive damages in connection with such order. Provides that, in any action under CERCLA liability provisions, the results of any EPA laboratory tests to determine what substances are present at the site of the release or threatened release may be introduced into evidence and shall be presumed to be accurate. Provides that such presumption shall be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Includes interest on the costs and damages referred to in CERCLA liability provisions among the amounts recoverable in actions under such provisions. Provides for access authorities under CERCLA response authorities. Establishes civil penalties for noncompliance with EPA or State requests for such access. Sets forth requirements for the use of settlement funds obtained under CERCLA. Requires that any costs or damages recovered by the Administrator in any settlement of an action brought under liability provisions with respect to a release at a facility shall be retained by the Administrator and used only for removal or remedial action (or both) at such facility, except to the extent that the amount of settlement exceeds EPA expenses (after receipt of the settlement) for removal and remedial action at such facility. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR), on or before September 30, 1991, to also carry out health effects studies at a total of 75 top priority sites on the national priority list under the national contingency plan. Provides that such sites shall be the 75 which the ATSDR determines to present the most significant risk to human health. Authorizes for the period FY 1986 through 1990 the use of not more than $20,000,000 of the amounts available for payments to the Secretary of Health and Human Services for costs incurred in carrying out ATSDR responsibilities under CERCLA. Provides that such sums shall remain available until expended. Authorizes for the period FY 1986 through 1990 the use of not more than $50,000,000 of the amounts available in the Fund for grants to States to implement State response actions which are consistent with the national contingency plan in the case of States which have demonstrated the ability and willingness to carry out a high level of such response actions and which are authorized to carry out State programs under hazardous waste management provisions of the Solid Waste Disposal Act. Authorizes for the period FY 1986 through 1990 the use of not more than $25,000,000 of the amounts available in the Fund for grants for research and development activities regarding innovative technologies which may be used in removal and remedial actions under CERCLA. Deletes a condition that a guarantor must be "acting in good faith" in order for certain limitations of liability to apply. Repeals specified provisions for transfer of liability to the Postclosure Liability Fund. Directs the Administrator, within six months after enactment of this Act, and after consultation with the States, to submit a report to the Congress with a schedule for the cleanup of sites which are listed on the national priority list under the national contingency plan. Repeals provisions authorizing the use of the Fund to pay the costs of Federal or State efforts in the restoration, rehabilitation, or replacement or acquiring the equivalent of any natural resources injured, destroyed, or lost as a result of a release of a hazardous substance. Repeals provisions authorizing the President or a State to assert claims against the Fund for injury to, or destruction or loss of, natural resources resulting from a release or threatened release of a hazardous substance from a vessel or a facility.

Pesticide Tolerance Emergency Authority Act

United States · United States Congress · 23 February 1984

Pesticide Tolerance Emergency Authority Act - Amends the Federal Food, Drug, and Cosmetic Act to authorize the Administrator of the Environmental Protection Agency to revoke exemptions, or establish or reduce tolerance levels, for raw agricultural commodity pesticides when necessary to prevent an imminent public health hazard. Makes such an order effective upon issuance. Requires the Administrator to promptly notify an affected person of any such order. Grants such person five days (from the order's publication in the Federal Register) to request a public hearing. Requires: (1) such hearing to begin within five days of such request; and (2) such order to be affirmed or revised within ten days of the hearings's competition. States that the effective date of any such order shall not be delayed during administrative or judicial review. Prohibits judicial review until completion of a hearing. Requires the Administrator to revoke the exemption of ethylene dibromide and establish a raw agricultural commodity tolerance level for it within ten days.

Acid Rain Control Act of 1984

United States · United States Congress · 22 February 1984

Acid Rain Control Act of 1984 - Amends the Clean Air Act ("the Act") to provide for reduction of acid deposition through reduction of emissions of sulfur dioxide and nitrogen oxides. Establishes a program for reduction of total sulfur dioxide emissions in the 48 contiguous States. Provides that such reduction is to be: (1) to a level 10,000,000 tons below the total sulfur dioxide emissions in 1980; and (2) achieved by December 1, 1995. Provides that the requirements of such program are to be in addition to other requirements under the Act. Directs the Administrator of the Environmental Protection Agency (EPA), within 90 days after enactment of this Act, to compute and publish State aggregate sulfur dioxide emission targets for January 1, 1989, and January 1, 1995. Sets forth formulas for calculating such targets for each State, based on reductions from the 1980 sulfur dioxide emissions levels which would have been achieved if all fossil fuel-fired electric utility steam generating units in the State had complied with specified emissions limitations during 1980 (two pounds per million Btu for the 1989 target and one and two-tenths pounds per million Btu for the 1995 target). Requires each State, by January 1, 1986, to develop and submit State plans for emission limitations necessary to achieve such targets. Allows such plans to provide for compliance through: (1) the use of a technological sytem of continuous emission reduction; or (2) any other continuous emission reduction requirements (applicable to stationary sources) which the State finds appropriate. Directs the Administrator to approve such plans if they are adequate to achieve such targets. Prohibits commencement of construction of any new stationary source of sulfur dioxide if no State plan is submitted by the deadline or if the Administrator disapproves a State plan. Directs the Administrator to promulgate a plan for any State which fails to submit: (1) a plan by the deadline; or (2) a revised plan within six months after disapproval. Provides that the plan promulgated by the Administrator shall only be applicable to fossil fuel-fired steam generating units in the State which are not subject to more stringent emission limitations under any other provision of the Act. Provides that such plan shall require each such unit to comply with an emission limitation of: (1) two pounds per million Btu by January 1, 1989; and (2) one and two-tenths pounds per million Btu by January 1, 1995. Prohibits commencement of construction of any new stationary source of sulfur dioxide in any State which does not meet the 1989 or 1995 target. Provides for crediting toward the State target: (1) emissions reductions credited under a specified trading program; and (2) nitrogen oxide emissions reductions substituted for sulfur dioxide emissions reductions in accordance with a specified ratio. Prohibits the establishment, under any provision of the Act, of any sulfur dioxide emission limitation which would permit any stationary source (or unit) to exceed the sulfur dioxide emissions allowable from it in 1982 under the applicable implementation plan in effect on January 1, 1982. Directs the Administrator to promulgate regulations to facilitate the trading of emission reduction requirements, and actual reductions, on a State or regional basis under the sulfur dioxide emissions program of this Act. Allows such regulations to provide for emission reduction banks or brokerage institutions. Allows such trading to include trading of sulfur dioxide emissions for nitrogen oxide emissions in accordance with a specified ratio. Allows the State plan to permit any owner or operator of a stationary source of sulfur dioxide emissions to reduce nitrogen oxide emissions in lieu of any sulfur dioxide emissions reduction which would otherwise be required under the plan. Requires that such reduction of nitrogen oxide emissions be at a rate of two units by weight of nitrogen oxides for each unit of sulfur dioxide. Provides that State plan requirements under this Act shall be treated as requirements of applicable implementation plans for specified purposes under the Act. Imposes a fee for each kilowatt hour of electric energy which is either generated by an electric utility in or imported into the contiguous 48 States. Requires that EPA regulations for such fee allow utilities to pass through to customers the cost of the fee and indicate the fee as a separate item on bills. Provides that such fee shall: (1) take effect with respect to electric energy generated, or imported, after December 31, 1984; (2) cease to apply on December 31, 1990; (3) be applied during each calendar quarter at the rate of one and five-tenths mill per kilowatt hour; and (4) not apply to any electric energy (including imported electric energy) which is generated by nuclear or hydroelectric power. Sets civil and criminal penalties for specified violations of such fee requirements. Establishes the Acid Deposition Control Fund in the Treasury. Allows the Fund to be used for: (1) certain loans for capital costs of emission control; (2) specified studies, research, and demonstrations; and (3) assistance to States for acid deposition mitigation programs. Credits to the Fund amounts determined by the Secretary of the Treasury to be equivalent to the amount received into the Treasury from fees imposed under this Act. Directs the Secretary to: (1) report annually to Congress on the Fund; and (2) make investments on behalf of the Fund. Directs the Administrator to: (1) report, within one year after enactment of this Act, to Congress on the expected costs of the construction and installation of technological systems of continuous emission reductions necessary to meet emission limitations; and (2) estimate the amount, and establish a schedule for issuance, of specified notes or other obligations which must be issued to meet such costs. Authorizes the Administrator to issue to the Secretary such specified notes and other obligations, but only in such amounts as may be specified in appropriation Acts. Directs the Administrator to make loans from the Fund, in the five-year period beginning on the date the Fund is established, for capital costs of emission control. Allows owners or operators of stationary sources subject to emission limitations under plans adopted or promulgated under this Act to apply for such loans. Authorizes the Administrator to make such loans only upon determination that loan proceeds will be used only for the costs of the construction and installation of any technological system of continuous emission reduction used to comply with such emission limitations in accordance with requirements which the Administrator deems appropriate. Provides that such loans shall be: (1) made without interest; (2) required to be repaid within such period and under such conditions as the Administrator shall establish. Directs the Administrator to require only such repayment of such loans as is necessary to assure the availability of adequate sums for the Administrator to make payments of principal and interest on specified notes and other obligations issued under this Act. Directs the Administrator, upon expiration of the five-year period beginning on the date of the establishment of the Fund, to report to Congress the amount required to pay such principal and interest. Directs the Administrator to issue regulations establishing the criteria upon which such loans shall be made and the procedures for handling applications. Revises provisions for new stationary source performance standards to direct the Administrator, promptly after the enactment of this Act, to promulgate or revise such performance standards for emissions of: (1) nitrogen oxides from fossil fuel-fired electric utility steam generating units; and (2) sulfur dioxides and nitrogen oxides from other fossil fuel-fired steam generating units which are capable of combusting more than 50,000 pounds per million Btu/hour heat input of fossil fuel (either alone or in combination with any other fuel). Revises provisions for emissions standards for new motor vehicles or engines to direct the Administrator to revise specified regulations applicable to nitrogen oxide emissions from trucks and truck engines manufactured during and after model year 1986 so that total nitrogen oxide emissions will be reduced by 4,000,000 tons by January 1, 1995. Directs the Administrator to conduct a study and report to Congress on the rate-making policies of the Federal Energy Regulatory Commission and of State public utility regulatory authorities regarding the costs incurred by regulated electric utilities in complying with emission control requirements under the sulfur dioxide emissions program established under this Act. Requires that such study determine the extent to which: (1) such costs are equitably allocated, under rate schedules approved or established by the Commission and such State authorities, among the customers of such utilities; and (2) a disproportionate burden of such costs are borne by customers of any utility who are not located in the State in which the utility is located. Directs the Administrator to undertake studies regarding: (1) formation of acid deposition and interstate transport of acid deposition precursors; (2) effects of acid deposition on human health and the environment, including visibility; (3) adverse effects associated with acid rain in areas outside the northeast; (4) effectiveness of acid deposition mitigation measures; and (5) innovative means to control acid deposition. Directs the Administrator to carry out a demonstration program for clean coal technologies. Directs the Administrator to provide financial assistance to State programs for mitigation of the adverse effects of acid rain. Requires that at least one-third of the total amounts expended by a State for any such program in any fiscal year be derived from non-Federal sources. Limits to one percent of the amounts available in the Fund the amount which may be used to provide such assistance for such State programs.

Superfund Improvement Act of 1984

United States · United States Congress · 9 February 1984

Superfund Improvement Act of 1984 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) ("Superfund") to allow immediate access to the full amount which will be available in the Hazardous Substance Response Trust Fund by removing: (1) a requirement that uses of the Fund be subject to such amounts as are provided in appropriation Acts; (2) a provision that limits aggregate advances to the Fund to the amount estimated for the Fund for the following 12-month period; and (3) provisions relating to advances for payment of response and other costs. Limits the State share of remedial costs for cleanup of facilities owned by State or local governments to no more than 50 percent of the total amount (or such lesser amount as the President may determine appropriate). Authorizes the use of the Fund to cover the costs of specified health surveys. Requires that at least five percent of the total amount expended from the Fund in any fiscal year be used to carry out epidemiologic studies and health surveys, development and maintenance of a registry of persons exposed to hazardous substances to allow long-term health effect studies, and diagnostic services not otherwise available to determine whether persons in populations exposed to hazardous substances in connection with a release or suspected release are suffering from long-latency diseases. Includes among the activities qualifying for such five percent expenditure any of the above mentioned activities related to hazardous waste stored, treated, or disposed of at a facility having a hazardous waste management permit under the Solid Waste Disposal Act. Requires that such activities be carried out by the Agency for Toxic Substances and Disease Registry (ATSDR) either directly or through grants to State or local governments. Amends the Solid Waste Disposal Act to revise provisions relating to hazardous waste site inventories. Authorizes an additional $10,000,000 for FY 1985 to be used for conducting health surveys with respect to hazardous waste sites identified and eligible to be identified in such inventories and hazardous waste disposal facilities having a hazardous waste management permit. Requires that such health surveys be carried out by ATSDR either directly or through grants to State or local governments. Directs the State or local government to report the results of the survey to the Administrator of ATSDR, including recommendations with respect to further activities which need to be carried out under CERCLA provisions for epidemiologic studies, health surveys, registry of exposed persons, and diagnostic services. Directs the Administrator to: (1) include such recommendations in a report of any survey carried out directly by ATSDR; and (2) issue a final report which includes the results of all the surveys. Defines "health surveys," for purposes of this Act's amendments to the Solid Waste Disposal Act and to CERCLA, to include preliminary assessments of the potential risk to human health posed by individual hazardous waste sites and facilities, based on specified factors. Provides that a purpose of such preliminary assessments shall be to help determine whether full-scale health or epidemiological studies and medical evaluations of exposed populations shall be undertaken. Provides that such amendments relating to health surveys shall be effective with respect to FY 1985 and thereafter.

Ocean Dumping Amendments Act of 1984

United States · United States Congress · 9 February 1984

Ocean Dumping Amendments Act of 1984 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to include "wetlands" among the factors considered in assessing the effects of dumping. Makes dumping site designations by the Administrator of the Environmental Protection Agency (EPA) mandatory. Includes the following factors in dump site selection: (1) waste types and quantities; (2) detoxification ability of site water; (3) importance of the site to the surrounding biological community; and (4) effects on human health and adjacent ecosystems. Requires consultation with the Secretary of the Army. Requires the Administrator at appropriate sites to: (1) monitor the effects of the dumping; and (2) make three-year dumping estimates. States that the Administrator shall close a site or limit dumping as necessary, upon consultation with the Secretary. Requires the Administrator or the Secretary to impose on permittees any special provisions deemed necessary to minimize the harm from dumping, including measures to find alternative disposal methods, eliminate contaminants, or recycle such materials. Makes permit processing fees mandatory. Directs the Administrator and the Secretary to establish quality assurance programs to ensure the validity, accuracy, and sufficiency of information submitted with permit applications. States that the Administrator and the Secretary shall adhere to the requirements of the London Dumping Convention that are binding upon the United States. Sets forth transitional provisions, including "grandfathering" (with certain exceptions) specified dumping sites from amendments under this Act. Defines "monitoring" for purposes of such Act. Amends the definition of "ocean waters" to include "subjacent areas." Establishes criminal penalties for the knowing falsification of information or tampering with testing devices required by this Act. Grants jurisdiction to U.S. district courts to issue writs of mandamus to compel the Administrator to designate dumping sites. Authorizes appropriations for FY 1985. Directs the Administrator to establish and submit to Congress a dumping designation schedule within 180 days. Requires separate annual reports to Congress by the Administrator and the Secretary.

Comprehensive Hazardous Substances Cleanup and Emergency Relief Act of 1984

United States · United States Congress · 9 February 1984

Comprehensive Hazardous Substances Cleanup and Emergency Relief Act of 1984 - Sets forth the finding that in order to adequately protect human health and the environment from hazardous waste it is necessary to: (1) establish a program for the cleanup of hazardous waste sites; (2) establish standards for the cleanup of such sites which will insure the same degree of protection for human health and the environment as are applicable in the case of facilities regulated under hazardous waste management provisions of the Solid Waste Disposal Act and other applicable Federal and State law; (3) establish enforcement standards which require parties responsible for the release or threatened release of hazardous substances, pollutants, or contaminants to assume financial responsibility for injuries of those exposed and for either conducting cleanup or reimbursing government costs of cleanup; (4) establish a full and cooperative Federal-State partnership in the cleanup program; and (5) afford citizens emergency assistance, reimbursement of medical and reimbursement expenses, and an opportunity to participate in the cleanup process. Title I: Cleanup of Hazardous Substances, Pollutants, and Contaminants - Amends the Solid Waste Disposal Act ("the Act") (also known as the Resource Conservation and Recovery Act of 1976) to add provisions for cleanup of, and liability for, certain hazardous substances, pollutants and contaminants. Defines "hazardous substance" as: (1) any substance designated under specified provisions of the Federal Water Pollution Control Act; (2) any element, compound, mixture, solution, or substance designated under specified provisions for additional designations under this Act; (3) any hazardous waste having the characteristics identified or listed under specified hazardous waste management provisions of the Act (but not including any other waste the regulation of which under specified hazardous waste management provisions has been suspended by Act of Congress); (4) any toxic pollutant listed under the Federal Water Pollution Control Act; (5) any hazardous air pollutant listed under the Clean Air Act; and (6) any imminently hazardous chemical substance or mixture with respect to which the Administrator of the Environmental Protection Agency (EPA) ("the Administrator") has taken action under the Toxic Substances Control Act. Provides for designation of additional hazardous substances and reportable quantities under this Act. Directs the Administrator to promulgate and revise: (1) regulations designating as hazardous substances, in addition to those referred to in the definition under this Act, such elements, compounds, mixtures, solutions, and substances which, when released into the environment, may present substantial danger to the public health or welfare or the environment; and (2) regulations establishing that quantity of any hazardous substance the release of which shall be reported under this Act. Allows the Administrator to determine that one single quantity shall be the reportable quantity for any hazardous substance, regardless of the medium into which it is released. Provides that, unless and until superceded by such regulations, the substances designated as additional hazardous substances and the reportable quantities of such substances established under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (Superfund) (CERCLA) shall be deemed designated and established under this Act. Sets forth a notice requirement relating to releases of hazardous substances from any facility. Defines "facility" as: (1) any building, structure, installation, equipment, pipe or pipeline well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or (2) any site or area where a hazardous substance, or pollutant or contaminant, has been deposited, stored, dispensed of, or placed, or otherwise located (but does not include any consumer product in consumer use or any vessel). Requires any person in charge of a facility, as soon as such person has knowledge of any release (other than a federally permitted release) of a hazardous substance from such facility in quantities equal to or greater than those determined as reportable under this Act to immediately notify the National Response Center. Directs the Center to convey the notification expeditiously to all appropriate Government agencies, including the Governor of any affected State. Provides that such notification, or information obtained by exploitation of it, shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement. Provides that such notice requirement shall not apply to the normal application of a pesticide product under the Federal Insecticide, Fungicide, and Rodenticide Act or to the handling and storage of such a pesticide product by an agricultural producer. Exempts from such notice requirement any hazardous substance release which: (1) is required to be reported (or specifically exempted from a reporting requirement) under specified hazardous waste management provisions and regulations under the Act and has been reported to the Center; or (2) is a continuous release, stable in quantity and rate, and either is from a facility for which notification has been given under specified provisions of CERCLA or is a release for which notification has been given under the notice requirement of this Act for a period sufficient to establish the continuity, quantity, and regularity of the release. Requires, in the case of such exemptions, that notification be given for releases annually or at such time as there is any statistically significant increase in the quantity of any hazardous substance or constituent thereof released, above that previously reported or occurring. Sets forth response authorities. Authorizes the Administrator, whenever there is a release or substantial threat of release into the environment of any hazardous substance or of any pollutant or contaminant which may present an imminent or substantial danger to human health or the environment, to: (1) remove or arrange for the removal of, and provide for remedial action relating to such hazardous substance, pollutant, or contaminant at any time (including its removal from any contaminated natural resource); or (2) take any other response measure necessary to protect human health and the environment. Requires that removal actions be consistent with the National Contingency Plan and long-term remedial actions. Allows the Administrator to authorize facility owners or operators or other responsible parties to undertake such response actions. Provides, for purposes of such response authorities, that the term "pollutant or contaminant" shall include, but not be limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavorial abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such organisms or their offspring. Sets forth investigation and planning authorities. Authorizes the Administrator to undertake investigations, monitoring, surveys testing, and other information gathering to identify the existence or extent of a release or threat thereof, the source and nature of the hazardous substances, pollutants, or contaminants involved and the extent of danger to human health and the environment, whenever the Administrator: (1) is authorized to act under response authorities for imminent and substantial danger; or (2) has reason to believe that a release has occurred or is about to occur, or that illness, disease, or complaints thereof may be attributable to exposure to a hazardous substance, pollutant, or contaminant and that a release may have occurred or be occurring. Authorizes the Administrator, in addition, to undertake planning, legal, fiscal, economic, engineering, architectural, and other studies or investigations to plan and direct response actions, recover costs, and enforce cleanup, liability, and funding provisions of this Act. Directs the Administrator, in such information gathering or planning, to assess the risk to human health associated with the release or threatened release. Provides for a six-months limitation on response action. Discontinues obligations, other than those authorized for investigation and planning, from the Hazardous Substances Trust Fund ("the Fund") established under this Act after $1,000,000 has been obligated for response actions or six months after the initial response to a release or threatened release of hazardous substances, unless the Administrator: (1) finds that continued response actions are immediately required to prevent, limit, or mitigate an emergency, there is an immediate risk to human health or the environment, and such assistance will not otherwise be provided on a timely basis; or (2) has determined the appropriate remedial actions and the States in which the source of release is located have complied with provisions for State payment of certain costs. Sets forth provisions for State payment of certain costs. Prohibits the Administrator from providing any remedial actions under response provisions of this Act unless the State in which the release or threatened release occurs first provides certain assurances. Requires the State to assure the availability of a hazardous waste disposal facility for any necessary offsite storage, destruction, treatment, or secure disposition of hazardous substances, pollutants, or contaminants. Requires the State to pay or assure payment of: (1) ten percent of the costs of remedial action and ten percent of all future operation and maintenance costs of any onsite remedial action; or (2) at least 50 percent (or such greater amount as the Administrator may determine appropriate, taking into account the degree of responsibility of the State or local government) of costs of remedial action and future operation and maintenance of onsite remedial action at facilities owned or operated by the State or local government at the time of any disposal of hazardous substances, pollutants, or contaminants therein. Directs the Administrator to grant the State a credit for amounts expended or obligated by the State or local government after January 1, 1978, and before December 11, 1980, for any response action costs which are covered by provisions for the Fund and which were incurred at a release listed under National Contingency Plan provisions. Provides for reimbursement to the State of any amount paid by the State, pursuant to a specified contract or agreement at any time after December 11, 1980, in excess of ten percent of remedial action costs at a facility owned, but not operated, by the State or local government. Requires that any amount expended by a State for administrative expenses in carrying out cleanup, liability, and funding provisions of this Act be credited against the required ten percent share. Sets forth provisions for selection of remedial action. Directs the Administrator to select appropriate cost-effective remedial actions in accordance with the National Contingency Plan and with a required protection level. Directs the Administrator to consider permanent solutions and alternative treatment technologies in evaluating the cost-effectiveness. Directs the Administrator to: (1) consult with the affected States before determining the appropriate remedial action; and (2) approve a more protective action if the State or local government assures payment of 90 percent of that portion in excess of the costs of the action chosen by the Administrator. Provides that the selected remedial action shall require a level or standard of control: (1) necessary to protect human health and the environment; (2) as stringent as the most stringent applicable Federal law; and (3) as stringent as the most stringent applicable State law. Authorizes the Administrator to waive the requirements of a protection level as stringent as the most stringent Federal and State laws and to select an alternative remedial action upon a finding that: (1) such an alternative remedial action will provide substantially equivalent protection; or (2) compliance with the requirements of a level of protection necessary to protect human life and the environment at a site or facility will consume such a disproportionate share of Fund resources as to defer or prevent remedial action at other sites or facilities which pose a significantly greater threat. Prohibits permit requirements for any removal or remedial action undertaken pursuant to this Act at the location of the release or threatened release. Authorizes the Administrator to establish the exclusive administrative procedures for making any determination under provisions for required protection level. Authorizes the Administrator to enter into contracts or cooperative agreements with State and local governments to take remedial actions and to be reimbursed for reasonable response costs from the Fund. Provides for enforcement of such contracts and agreements, and of cost-sharing agreements, in Federal district courts. Authorizes the Administrator to provide technical and legal assistance to State or local governments in administering and enforcing contracts and subcontracts in connection with response actions and to intervene in civil actions involving such enforcement. Authorizes the Administrator to treat two or more noncontiguous facilities as one if they are reasonably related on the basis of geography or of threat or potential threat to human health or the environment. Sets forth information gathering and access authorities for purposes of assisting in determining the need for response to a release or enforcing cleanup, liability, and funding provisions of this Act. Requires that access to records and information, including samples of hazardous substances or pollutants or contaminants or substances which may have been hazardous, and samples of containers and labels, be provided to authorized Federal and State officers by any person: (1) who generates, stores, treats, recycles or disposes of such substances; or (2) who generates, stores, transports, or otherwise handles or has handled such substances (where necessary to ascertain facts not available at the facility where such substances are located). Provides for access to the site or facility at which any hazardous substance or pollutant, or contaminant is located, whenever necessary to carry out cleanup, liability, and funding provisions of this Act. Provides for public availability of records, reports, or information obtained, with specified exceptions for data entitled to confidentiality. Requires that all information reported or obtained be made available to any duly authorized congressional committee. Directs the Administrator or the State to require compliance with Federal health and safety standards established in the National Contingency Plan in awarding contracts for response actions. Requires that the prevailing wage rates of the Davis-Bacon Act be paid to all laborers and mechanics for construction, repair, or alteration work funded in whole or part under response action provisions of this Act. Authorizes the President to authorize the use of emergency procurement powers necessary to effect the purpose of the Act. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR), in cooperation with other Federal officials and States, to implement the health related authorities of the Act. Directs the ATSDR Administrator to establish and maintain: (1) national registries of serious diseases and of persons exposed to toxic substances; (2) inventories of research on the health effects of toxic substances; and (3) a complete listing of areas closed to the public or otherwise restricted in use because of toxic substance contamination. Directs the ATSDR Administrator to: (1) provide medical care and testing, or other appropriate assistance to exposed individuals in public health emergencies; and (2) conduct periodic survey and screening programs to determine relationships between exposure to toxic substances and illness. Directs the ATSDR Administrator to prepare toxicological profiles sufficient to establish the likely effect on human health of the 100 hazardous substances which are most frequently found or which pose the most significant threat to human health at facilities listed on the National Priorities List prepared under the National Contingency Plan. Requires that the 100 profiles be completed 48 months after enactment of this Act (at 12-month intervals for four groups of 25 substances). Sets forth provisions for public participation in remedial action planning. Sets forth remedial action schedules. Directs the Administrator to complete remedial investigations and feasibility studies for all releases and threatened releases at sites listed or proposed to be listed on the National Priority List prepared under the National Contingency Plan: (1) within 18 months after the enactment of this Act, at sites listed or proposed to be listed as of such enactment date; and (2) within 12 months after the date of listing, at sites listed or proposed to be listed after such enactment date. Directs the Administrator or the State to complete, within five years after such enactment date, remedial actions for all releases or threatened releases at sites listed or proposed to be listed as of such enactment date. Directs the Administrator to complete by January 1, 1987, a preliminary assessment of all sites listed, as of such enactment date, on the Emergency and Remedial Response Information System. Requires that the National Contingency Plan be revised within 12 months after the enactment of this Act to reflect and effectuate the powers and responsibilities created by this Act, in addition to those matters specified in CERCLA and other applicable law. Requires that the portion of such plan known as "the National Hazardous Substance Response Plan" be revised to provide procedures and standards for response actions consistent with protection level requirements under this Act. Requires that, on or before January 1, 1988, at least 1,000 of the highest priority facilities be designated individually on the National Priorities List as "top priority among known response targets." Requires that plan criteria for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action shall take into account (in addition to factors required under CERCLA): (1) the release-associated damage to natural resources which may affect the human food chain; and (2) the release-associated contamination or potential contamination of the ambient air. Sets forth provisions for citizen petitions for site ranking. Directs the Administrator, within 12 months after receipt of a citizen petition, to complete a preliminary assessment of the hazards to public health and environment associated with any actual or threatened release of a hazardous substance or pollutant or contaminant. Directs the Administrator, if such assessment indicates a significant threat, to make a prompt evaluation in accordance with the hazard ranking system referred to under specified provisions of CERCLA to determine the national priority of such release or threatened release. Sets forth provisions for abatement actions. Directs the Administrator, upon determining that there may be imminent and substantial danger to human health or the environment because of an actual or threatened release of a hazardous substance or any pollutant or contaminant from a facility, to request the Attorney General, in addition to any other State or local action, to secure relief necessary to abate such danger or threat. Gives the U.S. district court in the district in which the threat occurs jurisdiction to grant such relief as the public interest and the equities of the case may require. Authorizes the Administrator, after notice to the affected State, to take other abatement action including issuing orders necessary to protect human health and the environment. Directs the Administrator, within 18 months after enactment of this Act, and after consultation with the Attorney General, to revise and republish guidelines published under CERCLA for using the imminent hazard, enforcement, and emergency response authorities of this Act and other existing statutes administered by the Administrator to effectuate the responsibilities and powers created by this Act. Requires that such guidelines: (1) be consistent with the National Contingency Plan; and (2) include the assignment of responsibility for coordinating response actions with the issuance of administrative orders, enforcement of standards and permits, information gathering, and other imminent hazard and emergency powers authorized by other provisions of law. Authorizes the Administrator to establish administrative procedures regarding the opportunity for a person to object to an abatement order under this Act. Provides that no court shall have jurisdiction to review any such abatement order in any action other than an action to: (1) enforce such order; (2) recover a penalty for a violation; or (3) recover punitive damages. Sets forth provisions for liability for releases or threatened releases of hazardous substances, pollutants, or contaminants which cause incurrence of response costs. Makes strictly liable for specified costs and damages: (1) owners or operators of facilities at which hazardous substances, pollutants, or contaminants were stored, treated, disposed of, or recycled; (2) persons who owned or operated such facilities at the time of such storage, treatment, disposal, or recycling; (3) persons who owned or possessed such substances and who arranged for such storage, treatment, disposal, or recycling by, or for transport for such purposes, by any other party or entity; and (4) persons who accept or accepted any such substances for transport to storage, disposal, treatment, or recycling facilities or sites selected by such persons. Provides that such costs and damages shall be: (1) all Federal and State costs of removal or remedial action and investigation and planning; (2) any other necessary response costs incurred by any other person consistent with the National Contingency Plan; (3) damages for injury to, destruction of, or loss of natural resources, including assessment costs; and (4) costs of specified emergency relief actions and health effects studies. Provides that such liability shall be: (1) joint and several; and (2) according to the standard which obtains under specified provisions of CERCLA and the Federal Water Pollution Control Act. Provides for recovery of interest on amounts recoverable as costs and damages. Sets forth defenses to such strict liability. Sets forth a limitation on the amount of such liability (the total of all response costs plus $50,000,000 for any damages) but makes the responsible person liable for full and total costs of response and damages in cases involving willful misconduct, willful negligence, or violations of Federal standards (within the privity or knowledge or such person), or failure or refusal to cooperate with requests in connection with response activities with respect to regulated carriers. Provides for punitive damages in an amount three times the amount of any costs incurred by the Fund as a result of a responsible person's failure without sufficient cause to properly provide removal or remedial action upon order of the Administrator. Provides that no person shall be liable under this Act for costs and damages incurred as a result of actions taken or omitted in the course of rendering care, assistance, or advice at the direction of an on scene coordinator, except in cases of gross negligence or intentional misconduct. Sets forth provisions relating to indemnification agreements. Sets forth provisions relating to liability for damages to natural resources. Makes all requirements, including liability, of this Act applicable to all Federal agencies. Prohibits recovery under such liability provisions of this Act for response costs or damages resulting from the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act. Provides that recovery for response costs or damages resulting from a federally permitted release shall be pursuant to existing law in lieu of such liability provisions of this Act. Provides that, for purposes of abatement actions, the presumption that EPA (or State) laboratory tests are accurate may be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Sets forth provisions for financial responsibility. Directs the Administrator to promulgate requirements (for facilities in addition to those under hazardous waste management provisions of the Act) that classes of facilities establish and maintain evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances. Requires that priority in the development of such requirements be accorded to those classes of facilities, owners, and operators which the Administrator determines present the highest level of risk of injury. Directs the Administrator to publish notice of the identification of those classes for which requirements will be first developed. Requires that the level of financial responsibility be established and adjusted to protect against the level of risk which the Administrator believes is appropriate based on the payment experience of the Fund, commercial insurers, court settlements and judgments, and voluntary claims satisfaction. Directs the Administrator to cooperate with and seek the advice of the commercial insurance industry in developing such financial responsibility requirements. Requires that such financial responsibility requirements be incrementally imposed over a period of between three to six years after promulgation. Provides that, where possible, the financial responsibility level appropriate as a final requirement be achieved through incremental, annual increases in the requirements. Sets forth provisions for consolidated forms of evidence of financial responsibility under specified circumstances. Provides that the requirements for evidence of financial responsibility for motor carriers covered by this Act shall be determined under specified provisions of the Motor Carrier Act of 1980. Sets forth provisions relating to claims against guarantors and the limitation of guarantor liability. Sets forth provisions for penalties for specified violations under this Act. Sets forth provisions relating to employee protection. Prohibits firing or discriminating against any employee or authorized employee representative because he or she has provided information to a State or the Federal Government, or has caused the filing or institution of, or testified, or is about to testify in, any proceeding resulting from the administration or enforcement of this Act. Sets forth procedures for review by the Secretary of Labor of employee allegations of such a firing or discrmination, and for judicial review of the Secretary's orders. Provides for abatement orders, including rehiring or reinstatement with compensation and reimbursement of legal costs and expenses to the employee by the violator. Makes such employee protection provisions inapplicable to any employee who, acting without discretion from the employer (or the employer's agent), deliberately violates any requirement of this Act. Directs the President to conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of this Act, including, where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such administration or enforcement. Permits employees and their representatives to request investigations. Provides for a public hearing at the request of any party. Directs the President to make investigation reports, findings of fact, and recommendations available to the public. Sets forth provisions for citizen petitions for emergency relief and health effects studies. Directs the Administrator, upon receiving a petition providing reason to believe that the petitioners were exposed to any hazardous substance in a manner which may present a significant risk to human health, to: (1) immediately terminate such risk by provision of alternative drinking supplies, decontamination of soil, or relocation of residents; and (2) perform a health effects study to ascertain the nature, magnitude, scope, and duration of the exposure, including a determination of the source of any groundwater contamination and a toxicological evaluation of the substances involved. Directs the Administrator to also perform a health effects study upon receiving a petition providing reason to believe that one or more persons have been exposed to any hazardous substance and such exposure has abated but previously presented a significant risk to human health. Requires that each health effects study be completed within six months after the date on which the petition is filed, and that the results of such study be made public within ten days after completion. Provides for judicial review of the Administrator's denial of such petitions in the U.S. district court for the district in which the exposure occurred. Sets forth claims procedures. Requires that all claims which may be asserted against the Fund be presented first to the owner, operator, or guarantor of the facility from which a hazardous substance has been released, if known to the claimant, and to any other person known to the claimant who may be liable under this Act. Allows the claimant, in any case where the claim has not been satisfied within 60 days of such presentation, to elect to: (1) commence an action in court against such owner, operator, guarantor, or other person; or (2) present the claim to the Fund for payment. Directs the Administrator to prescribe appropriate forms and procedures for claims filed against the Fund. Directs the Administrator, upon receipt of any claim, to: (1) inform any known affected parties of the claim; and (2) attempt to promote and arrange a settlement between the claimant and any person who may be liable. Provides that, if the claimant and alleged liable party agree upon a settlement, it shall be final and binding upon the parties thereto, who will be deemed to have waived all recourse against the Fund. Provides that where a responsible party is unknown or cannot be determined, the claimant and the Administrator shall attempt to arrange settlement of any claim against the Fund. Authorizes the Administrator to award and make payment of such settlement, subject to proof and procedures promulgated by regulation. Directs the Administrator (except in extraordinary circumstances where inadequate services of private organizations or State agencies make the use of Federal personnel necessary) to use the facilities and services of private insurance and claims adjusting organizations or State agencies in implementing such claims settlement requirements. Sets forth provisions relating to contracts for such facilities and services. Authorizes the Administrator, if no settlement is reached within 45 days after filing of a claim and if the information developed during the claim processing warrants it, to make and pay an award of the claim. Provides for the appeal of such an award in the U.S. district court for the district in which the arbitral hearing took place. Requires that, if the Administrator declines to make an award, the claim be submitted to a member of the Board of Arbitrators established under CERCLA. Sets forth subrogation provisions. Sets forth statute of limitations provisions. Prohibits, with specified exceptions, the presentation of a claim or the commencement of an action for damages under this Act unless that claim is presented or action commenced within three years from the date of the discovery of the loss, whichever is later. Provides that such time limitations shall not begin to run against minors or incompetent persons until a legal representative is duly appointed for them or until the minor reaches 18 years of age or the incompetency ends. Prohibits presentation of claims or commencement of actions for recovery of specified response costs until the date six years after the completion of the response action. Provides that no person who asserts a claim against the Fund pursuant to this Act shall be deemed or held to: (1) have waived any other claim not covered or assertable against the Fund under this Act arising from the same incident, transaction, or set of circumstances; (2) have split a cause of action; or (3) as a result of any determination of a question of fact or law in connection with such claim, be collaterally estopped from raising such question in connection with any other claim not covered or assertable against the Fund. Provides that judicial review of any regulation promulgated under this Act may be had upon application, within 90 days from the date of promulgation, by any interested person only in the Circuit Court of Appeals of the United States for the District of Columbia. Grants the U.S. district courts exclusive original jurisdiction over all other controversies arising under this Act. Sets forth provisions for venue in such cases. Provides that no provision of this Act shall be deemed or held to meet any prior litigation concerning any release of any hazardous substance or pollutant or contaminant or any associated damages. Sets forth provisions concerning the relationship of this Act to other law. Provides that nothing in this Act shall be construed or interpreted as preempting any State from imposing any additional liability or requirements with respect to the release of hazardous substances or pollutants or contaminants within such State. Bars any person from receiving double compensation for the same removal costs or damages or claims pursuant to this Act and any other Federal or State law. Authorizes States to require any person to contribute to any fund to pay compensation for claims for any response costs or damages or claims which may be compensated under this Act. Prohibits State or local governments from requiring any other evidence of financial responsibility in connection with liability for the release of a hazardous substance from a facility, if the owner or operator establishes and maintains evidence of financial responsibility in accordance with this Act. Authorizes the President and the Administrator to delegate any powers or duties and to promulgate regulations to carry out cleanup, liability, and funding provisions of this Act. Adds provisions for medical and relocation expenses and other recovery to the Act. Sets forth definitions applicable to such provisions. Title II: Establishment and Uses of Hazardous Substance Trust Fund - Amends the Solid Waste Disposal Act ("the Act") to establish the Hazardous Substance Trust Fund ("the Fund") in the Treasury. Transfers to the Fund amounts determined by the Secretary of the Treasury ("the Secretary") to be equivalent to: (1) the fees imposed under title III of this Act; (2) amounts recovered on behalf of the Fund under specified provisions of this Act; (3) civil penalties assessed under specified provisions of this Act; and (4) punitive damages under specified provisions of this Act. Authorizes appropriations in a specified amount for the Fund for FY 1986 through 1988. Authorizes appropriations for each fiscal year thereafter in an amount equal to not more than 12.5 percent of the amount deposited in the Fund during the second preceding fiscal year which is derived from the fees imposed under title III of this Act. Limits the liability of the U.S. Government to the amount in the Fund. Sets forth provisions for the Secretary's administration of the Fund, relating to method of transfer, management (including an annual report to Congress and investment requirements), and authority to borrow (including limitations on advances and repayment requirements). Sets forth the uses of the Fund. Directs the Administrator to use the money in the Fund for payment of: (1) governmental response costs incurred pursuant to response provisions of this Act; (2) any claim for necessary response costs incurred by any other person as a result of carrying out the revised National Contingency Plan, if such costs are approved in advance of expenditure under that plan and certified by the responsible Federal official; (3) any claim authorized by provisions relating to natural resources damages and finally decided under settlement provisions, including interest, administrative and adjudicative costs, and attorney's fees; (4) medical and relocation expenses; and (5) other specified costs. Directs the Administrator to cooperate with State and local governments in their undertaking of response actions under this Act. Requires that any administrative costs or expenses paid out of the Fund be reasonably necessary and incidental to the implementation of this Act. Sets forth provisions relating to claims for damages to natural resources. Allows claims resulting from a release or threat of release of a hazardous substance from a facility to be asserted against the Fund for injury to, or destruction or loss of, natural resources. Provides that such claims may be asserted only by: (1) the President, as trustee, for natural resources over which the United States has sovereign rights or within U.S. territory to the extent they are managed and protected by the United States; or (2) any State for natural resources within its boundaries belonging to, managed by, controlled by, or appertaining to such State. Provides that the Fund may be used for other specified "included costs" of: (1) natural resources damages assessment; (2) Federal or State efforts to restore, rehabilitate, replace, or acquire the equivalent of the natural resources damaged; (3) a program to identify, investigate, and take enforcement and abatement action against releases of hazardous substances (subject to amounts provided in appropriation Acts); (4) epidemiologic studies, a registry of and long-term health effect studies on persons exposed to hazardous substances, and otherwise unavailable diagnostic services to determine whether persons in populations exposed to hazardous substances in connection with a release or suspected release are suffering from long- latency diseases; (5) providing supplementary equipment and similar overhead and damage assessment capability for any Federal agency involved in strike forces, emergency task forces, or other response teams under the National Contingency Plan (subject to amounts provided in appropriations Acts); (6) a program to protect the health and safety of employees involved in response to hazardous substances releases (subject to amounts provided in appropriations Acts); (7) preparation of toxic profiles by the Agency for Toxic Substances and Disease Registry; (8) evaluation of sites by the Administrator pursuant to citizen petitions; and (9) emergency relief and health effects studies carried out by the Administrator. Provides that the health and safety program for employees involved in response actions shall: (1) be developed jointly by the EPA, the Occupational Safety and Health Administration, and the National Institute for Occupational Safety and Health; and (2) include measures for identifying and assessing hazards to which persons engaged in the removal or remedy of, or other response to hazardous substances may be exposed, methods to protect workers from such hazards, and necessary regulatory and enforcement measures to assure adequate protection of such employees. Prohibits the use of money in the Fund for: (1) assessment or restoration costs or claim payments where the damage to natural resources and the release occurred wholly before the enactment of this Act; or (2) claim payments for natural resources damages where such expenses are associated with injury or loss resulting from long-term exposure to ambient concentrations of air pollutants from multiple or diffuse sources. Provides that claims against or presented to the Fund shall: (1) not be valid or paid in excess of the total money in the fund at any one time; and (2) become valid only when additional money is collected, appropriated, or otherwise added to the Fund. Directs the Administrator, should the total claims outstanding at any time exceed the current balance of the Fund, to pay such claims, to the extent authorized, in full in the order in which they were finally determined. Limits the portion of money credited to the Fund that shall be available in any fiscal year: (1) to six percent for payment of any claims and related costs for natural resources damages; and (2) to 12 percent for payment of medical and relocation expenses. Provides that no money in the Fund shall be available for remedial actions, other than actions specified under provisions for "included costs" under uses of the Fund, with respect to federally owned facilities. Provides that the following uses of the Fund shall, in the aggregate, be subject to such amounts as are provided in appropriation Acts: (1) payment of governmental response costs; and (2) payment of the specified "included costs." Authorizes the Administrator to delegate authority to obligate money in the Fund or to settle claims to officials of a State operating under a specified contract or cooperative agreement. Directs the Administrator to promulgate appropriate regulations for the notice to be provided to potential injured parties by an owner or operator of any facility from which a hazardous substance has been released. Requires such owners and operators to: (1) provide notice in accordance with such regulations; and (2) until such regulations are promulgated, provide reasonable notice to potential injured parties by publication in local newspapers serving the affected area. Requires that natural resources damages be assessed for purposes of this Act by Federal officials designated by the President under the National Contingency Plan and acting for the President as trustee. Provides that any such determination or assessment of natural resources damages shall have the force and effect of a rebuttable presumption on behalf of any claimant in any judicial or adjudicatory administrative proceeding under this Act. Requires that a plan for the use of funds under this Act for natural resources restoration be developed and adopted by affected Federal agencies and Governors of States sustaining damages to natural resources belonging to, managed by, or appertaining to such States, after adequate public notice and opportunity for a hearing and consideration of all public comment. Requires that such plan be developed and adopted before such funds may be used for such purposes, except in a situation requiring action to avoid an irreversible loss of natural resources or to prevent or reduce any continuing danger to natural resources or to meet a similar need for emergency action. Sets forth provisions for audits by the Inspector General of the EPA. Sets forth provisions relating to foreign claimants. Prohibits any potentially liable claimant from seeking judicial review of any determination to incur any government response costs under response provisions of this Act or to utilize the Fund for payment of any such costs, except in an action to recover such costs under liability provisions of this Act. Directs the President, acting through Federal officials designated by the revised National Contingency Plan, to promulgate regulations for assessment of natural resources damages within six months after enactment of this Act. Sets forth required contents of such regulations. Requires review, and appropriate revision, of such regulations every two years. Provides that, effective on the date of enactment of this Act, specified CERCLA provisions shall be superseded by this Act. Adds provisions regarding medical and relocation expenses to the Solid Waste Disposal Act ("the Act"). Allows individuals who allege that they sustained injury for which relief is payable under this Act to file an application for such relief with the Administrator. Directs the Administrator, within 45 days after the enactment of this Act, to issue a rule or order for the manner of filing such applications. Directs the Administrator to pay relief under this Act if individuals establish by a preponderance of the evidence that they have suffered physical injuries or illnesses caused by exposure to a hazardous substance: (1) from a facility or site at or from which such substance was stored, treated, recycled, disposed of, or migrated; or (2) during transportation to such a facility or site. Directs the Administrator to pay relief under this Act to dependents of any deceased individual who establish to the satisfaction of the Administrator that the death was caused by any such exposure. Provides that such relief to any individual who has suffered such physical injury or illness shall consist of: (1) payment or reimbursement for all medical costs incurred in connection with the physical injury, illness, or death; (2) a monthly payment (not to exceed $2,000 per month) in an amount equal to the injured, ill, or deceased individual's monthly earnings which are lost by reason of such injury, illness, or death during the five-year period following such injury, illness, or death; and (3) reimbursement for expenses incurred in obtaining alternative water supplies or relocating a residence where the individual's exposure (or potential exposure) to hazardous substances caused or significantly contributed to such expenses. Provides that relief to dependents of any such individual shall be equal to all such medical costs incurred, plus the reasonable expenses of burial. Directs the Administrator to promulgate rules for equitable allocation of such relief where there are two or more dependents. Directs the Administrator to compute the amount of relief and determine the method, terms, and time of payment. Requires that payments made pursuant to such provisions for medical and relocation expenses be charged against the Fund. Provides that such claims against the Fund which are in excess of the total money in the Fund shall become valid and be paid in the same manner as provided for other claims against the Fund. Limits to 12 percent that portion of the Fund which may be used for purposes of such payments for medical and relocation expenses. Sets forth the procedure for determination of such claims for medical and relocation expenses. Directs the Administrator, except as otherwise provided, to use the procedures used by the Secretary of Health and Human Services (HHS) in determining entitlement to disability insurance benefit payments under the Social Security Act. Directs the Administrator and the Secretary of HHS to arrange to use Social Security Administration personnel and offices for administration and determination of claims filed for medical and relocation expenses under this Act. Authorizes the Administrator to delegate to the Secretary of HHS, or to any HHS employee, any function vested in the Administrator under provisions for medical and relocation expenses under this Act. Provides that the injury, illness, or death shall be presumed to have been caused by the exposure if the applicant provides information sufficient to enable the Administrator to find that: (1) the individual suffered any physical injury, illness, or death; (2) the individual was exposed in any manner to a hazardous substance from a facility or site at or from which such substance was treated, recycled, stored, disposed, or migrated, or during transportation to such site;(3) exposure in such manner to such hazardous substance has a reasonable likelihood of causing or significantly contributing to death or to a personal injury or illness of the type suffered by the individual. Provides that such presumption shall be overcome if the Administrator determines, on the basis of any available information, that it is reasonably certain that such exposure did not cause, or significantly contribute to, the individual's injury, illness, or death. Provides that any information which tends to establish that exposure to the hazardous substance in question causes or contributes to death or to personal injury or illness of the type or class allegedly suffered by an individual, shall be considered relevant to the issues of causation for purposes of determination of such claims for medical and relocation expenses under this Act. Includes among such relevant information: (1) an increase in the incident of injury, illness, or death in the exposed population above that which is otherwise probable; (2) epidemiological studies (without regard to the size of the sample); (3) animal studies; (4) tissue culture studies; (5) micro-organism culture studies; (6) laboratory and toxilogic studies; (7) immunological studies; (8) toxicology profiles prepared under this Act; and (9) health effects studies prepared under this Act. Directs the Administrator to require medical tests or examinations of the applicant to confirm the diagnosis or determination of physical injury or illness. Authorizes the Administrator to investigate and gather other appropriate information in making such claim determinations. Directs the Administrator, upon request by the claimant, to conduct a hearing with respect to any claim which has been denied, in whole or in part. Requires that the involved owner, operator, or transporter be given notice of any proceeding under provisions for claims for medical or relocation expenses, but declares that such persons have no right to participate in such proceedings. Provides for the award of legal costs for such hearings to claimants who prevail. Sets forth subrogation provisions. Provides for deposit in the Fund of any amount so recovered. Sets forth provisions for the judicial review of such claim determinations in U.S. district courts. Provides that a determination of the Administrator shall constitute a final administrative determination for the purpose of such judicial review. Sets forth provisions for additional recovery. Provides that individuals who have recovered any amount under such provisions for medical or relocation expenses shall not be prohibited from recovering an additional amount under this Act at a subsequent time if such individuals establish that an additional physical injury or illness: (1) was caused by such exposure; and (2) was not known to the individual at the time of the prior application. Title III: Funding - Part 1: Fee on Petroleum - Imposes a fee of four and one-half cents a barrel on: (1) crude oil received at a U.S. refinery (to be paid by the operator of the U.S. refinery); and (2) petroleum products entering the United States for consumption, use, or warehousing (to be paid by the person entering the product for such purposes). Imposes such fee (to be paid by the user or exporter) on any domestic crude oil if: (1) it is used in or exported from the United States; and (2) such fee was not imposed before such use or exemption. Provides that such fee shall not apply to any use of domestic crude oil for extracting oil or natural gas on the premises where such crude oil was produced. Sets forth definitions and special rules. Provides that only one fee may be imposed under this part with respect to any petroleum product. Makes such fee effective on October 1, 1985. Part 2: Fee on Certain Chemicals and Metals - Imposes a fee on any assessed chemicals sold (or used) by the manufacturer, producer, or importer thereof. Sets forth a table of assessed chemicals, with a specified fee per ton for each. Sets forth definitions, exceptions, and other special rules. Provides for a refund or credit for certain uses. Makes such fee effective on October 1,1985. Part 3: Waste End Fee - Imposes a fee on the disposal of hazardous substances. Provides that such fee shall apply only to a disposal which is: (1) required to be carried out in compliance with hazardous waste management provisions of the Act; and (2) not specifically exempt under this part. Exempts from such fee the disposal of any substance: (1) by incineration in accordance with the standards applicable to incineration facilities permitted under hazardous waste management provisions of the Act; or (2) by any person in the course of carrying out any removal or remedial actions under this Act. Sets the amount of such fee in the case of: (1) any hazardous substance for which there is in effect under this Act a reportable quantity of one pound or less, at $15 for each metric ton disposed of by underground injection and $30 for each metric ton not disposed of by such method; and (2) all hazardous substances for which there is in effect under this Act a reportable quantity of more than one pound, at $5 for each metric ton disposed of by underground injection and $10 for each metric ton not disposed of by such method. Provides that, in the cases of mixtures of hazardous substances with reportable quantities of one pound or less and those with reportable quantities more than one pound, the entire mixture shall be deemed to have a reportable quantity of one pound or less. Provides for imposing a fraction of the fee in the case of a fraction of a metric ton. Requires the owner or operator of the facility to pay such fee with respect to the disposal of any hazardous substance at a facility for which a permit is in effect under the hazardous waste management provisions of the Act. Requires the person disposing of the hazardous substance to pay such fee with respect to any other disposal of any hazardous substance. Requires, in the case of a fee imposed with respect to the long-term storage of any hazardous substance, that such fee be paid by the owner or operator of the site or facility at which the substance is located on the date one year after the date of generation of such substance. Sets forth provisions concerning the time of fee payment and regulations to carry out this part. Provides that the fee imposed under this part shall apply only with respect to the disposal of hazardous substances after January 1, 1987, and that no period of storage before such date shall be taken into account for purposes of imposition of such fee with respect to long-term storage of hazardous wastes. Provides that, after such date, the fee with respect to long-term storage of a hazardous waste shall: (1) cease to apply on the effective date of a removal of such waste from the list under hazardous waste management provisions of the Act; or (2) take effect after the effective date of a listing or identification of such waste under such provisions. Part 4: Administration and Enforcement; Suspension - Directs the Administrator to promulgate regulations for the collection of fees under this title, including reporting and information-gathering regulations. Authorizes the Administrator to use authorities relating to the inspection of records and access under hazardous waste management provisions of the Act for purposes of carrying out this title. Sets forth criminal and civil penalties for specified violations of this title. Requires the suspension of fees imposed under this title during any fiscal year which commences after September 30, 1991, if the Administrator determines (on or before the first day of such fiscal year) that the unobligated balance in the Fund exceeds $3,000,000,000. Provides that such suspension shall continue until the expiration of the fiscal year concerned. Title IV: Citizen Suits and Liability of Certain Persons - Amends the Solid Waste Disposal Act ("the Act") to revise provisions for citizen suits. Adds provisions for citizen suits against any person, including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment of the Constitution, and including any past or present generator, transporter, or owner or operator of a treatment, storage, recycling, or disposal facility who has contributed or is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment. Grants the district jurisdiction to immediately restrain any person contributing to such endangerment, to order such person to take other necessary action, and to apply any appropriate civil penalties relating to hazardous waste management violations. Provides that citizen suits for such purposes may not be commenced: (1) if the Administrator has commenced, and is diligently prosecuting, an action under imminent hazard provisions of the Act, or if the State has brought an action under specified provisions of the Act, to immediately restrain any person contributing to such endangerment; or (2) by any person (other than a State or local government) with respect to the siting of a hazardous waste treatment, storage, or disposal facility. Adds provisions to the Act relating to the liability of certain persons for specified damages. Makes the following persons liable for specified damages to individuals (or their dependents) caused by the exposure of such individuals to a hazardous substance: (1) in cases of exposure to such substance from a facility or site at which treatment, storage, recycling, or disposal took place, the owner or operator of such facility or site at the time of such treatment, storage, recycling, or disposal, and any subsequent owner or operator of such facility or site; (2) in cases of exposure to such substance during storage of such substance pending transport for storage or treatment, any person who arranged for treatment, storage, recycling, or disposal, or who arranged for transport for such purposes; and (3) in cases of exposure during the transportation to, or treatment, storage, or disposal at, a disposal or treatment facility or site, any person who accepts or accepted such substance for transport to a treatment, recycling, storage, or disposal facility selected by such person. Provides that such liability shall be: (1) strict liability, with specified exceptions; (2) joint and several; and (3) construed to be the standard of liability which obtains under specified provisions of CERCLA and of the Federal Water Pollution Control Act. Excuses from such liability any defendant who can establish by a preponderance of the evidence that the exposure to a hazardous substance or the damage resulting from such exposure was caused solely by: (1) an act of God; or (2) an act of war. Makes the following damages compensable under such liability provisions: (1) any medical expenses, rehabilitation costs, or burial expenses due to personal injury, illness, or death; (2) any loss of income or profits or any impairment or loss of earning capacity due to personal injury, illness, or death; (3) any pain and suffering which results from personal injury, illness, or death; and (4) any economic loss and any damages to property, including diminution in value. Sets forth procedural provisions relating to such liability. Provides that no evidence may be introduced in an action under such liability provisions of this Act with respect to the results of any proceeding brought by the plaintiff under specified medical and relocation expenses provisions of this Act. Sets forth provisions relating to a presumption of cause of damages. Sets forth provisions for jurisdiction of U.S. district courts over actions under such liability provisions. Authorizes the court to award appropriate legal fees. Provides that nothing in such liability provisions or in provisions for medical and relocation expenses under this Act shall be construed to preempt, or otherwise affect, any provision of State law regarding liability for damages in connection with any hazardous substance. Sets forth a statute of limitations relating to such liability provisions and to provisions for medical and relocation expenses under this Act. Sets such limitation at three years after: (1) the date the physical injury or illness was first known (or reasonably should have been known) by the applicant or plaintiff to exist, or the date of the individual's death; (2) the date the applicant or plaintiff knew (or reasonably should have known) that the physical injury, illness, or death or other expense was caused or contributed to by exposure to such hazardous substance; or (3) the date of enactment of this Act. Sets forth exceptions to such limitation in the case of minors or incompetents. Sets forth provisions for collateral recovery relating to such liability provisions and to provisions for medical and relocation expenses under this Act. Provides for recovery from other sources and for liens. Prohibits recovery under such liability provisions and under provisions for medical and relocation expenses under this Act of any amount for injury, illness, or death for which compensation is available under a State workers' compensation law. Sets forth criminal penalties for false statements in any application or proceeding under provisions for medical and relocation expenses under this Act. Title V: Law Enforcement Authority - Grants specified law enforcement authority to EPA officers or employees authorized by the Administrator to investigate, or supervise the investigation of, any activity for which a criminal penalty is provided under the Solid Waste Disposal Act ("the Act") or under this Act. Directs the Administrator to request the Attorney General to appear and represent the United States in any civil or criminal action instituted under this Act to which the Administrator is a party. Requires EPA attorneys to appear and represent the United States in a civil action, unless the Attorney General notifies the Administrator within a reasonable time that the Attorney General will appear and represent the United States in such action.

A bill to direct the Administrator of the Environmental Protection Agency to make grants to the city of San Diego, California, for construction of a publicly owned treatment works in the city of San Diego which will provide advanced primary treatment of municipal sewage and industrial wastes for the cities of San Diego, California, and Tijuana, Mexico.

United States · United States Congress · 7 February 1984

Directs the Administrator of the Environmental Protection Agency to make grants to the city of San Diego, California, for construction of a publicly-owned sewage treatment works to treat sewage for such city and the city of Tijuana, Mexico. Directs the Administrator to make such grants in two stages, with each stage providing construction funds for treatment works to treat specified amounts of municipal sewage and industrial waste per day. Authorizes appropriations.

Leaking Underground Storage Tank Liability and Standards Act of 1984

United States · United States Congress · 6 February 1984

Leaking Underground Storage Tank Liability and Standards Act of 1984 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) ("Superfund") to include under the definition of "hazardous substance" (for purposes of CERCLA coverage for removal, remedial action, and liability) gasoline and other liquid hydrocarbons which are stored in an underground storage tank from which there is a release or threatened release. Directs the Administrator of the Environmental Protection Agency, within 12 months after the enactment of this Act, to promulgate regulations establishing performance standards applicable to owners and operators of underground storage tanks used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons, in order to prevent releases into the environment for the operational life of the tank. Provides that such regulations shall apply only to underground storage tanks located on property used primarily for commercial or governmental purposes. Directs the Administrator to distinguish in such standards between requirements for new tanks and those for tanks already in existence. Sets forth requirements which must be included in such standards. Authorizes the Administrator to implement such standards through: (1) the promulgation of regulations made effective in accordance with specified hazardous waste management provisions of the Solid Waste Disposal Act; or (2) the establishment of a program under which any person or category of persons may be required to have a permit to store any hazardous substance in such an underground storage tank. Provides that specified provisions of the Solid Waste Disposal Act shall apply to the program and requirements established under this Act in the same manner as such provisions apply to the hazardous waste regulatory program under such Act. Provides that the failure or refusal of an owner or operator of any underground storage tank to provide to a supplier of any hazardous substance appropriate evidence of compliance with standards established under this Act shall constitute a defense to any enforcement action brought under any other authority of law to require such supplier to deliver any such substance to such tank. Sets forth criminal penalties for knowing material violations or omissions with respect to requirements established by the Administrator under this Act, if such violation or omission results in a release or threatened release of any hazardous substance from an underground storage tank. Authorizes appropriations for FY 1985 through 1987 to carry out this Act. Provides that up to 50 percent of such appropriations in any such fiscal year may be used to make grants to States for development and implementation of State programs to carry out this Act. Directs the Administrator, within one year after the enactment of this Act, to conduct a study regarding underground storage tanks which are located on residential property and used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and Congress on the results of such study, with recommendations on whether such tanks on residential property should be subject to requirements under this Act.

A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to establish certain requirements with respect to hazardous substances released from Federal facilities, and for other purposes.

United States · United States Congress · 6 February 1984

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) ("Superfund") to establish certain requirements with respect to hazardous substances released from Federal facilities. Authorizes the Administrator of the Environmental Protection Agency to enter into specified interagency agreements with any Federal agency. Directs the Administrator, in addition to undertaking response action, to take action under CERCLA against any Federal agency in the same manner and to the same extent as against a nongovernmental entity, unless such an interagency agreement is reached within specified time periods. Sets forth procedures for interagency agreements and emergency actions applicable to Federal agencies under CERCLA. Directs the Administrator to establish a special Federal Agency Hazardous Waste Compliance Docket. Directs the Administrator to report annually to Congress on: (1) progress in reaching interagency agreements; (2) cost estimates and budgetary proposals involved; (3) public comments regarding each proposed agreement; and (4) instances in which no agreement has been reached, including an explanation of why no agreement was reached. Authorizes citizen lawsuits under CERCLA against: (1) any person (including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any requirement which has become effective pursuant to CERCLA; or (2) the Administrator where there is an alleged failure to perform any non-discretionary act or duty under CERCLA. Sets forth requirements relating to such citizen lawsuits, which are to be brought in the appropriate U.S. district court. Directs the President, within 90 days after the enactment of this Act, to publish a schedule for including on the national priority list under CERCLA any federally owned or operated facilities which present a risk or danger to public health or welfare or the environment. Provides that such facilities shall be included on such list in the same manner and subject to the same criteria as facilities which are owned or operated by other persons.

Höhe der öffentlichen Mittel für den Umweltschutz sowie steuerliche Begünstigung für umweltschützende Privatinvestitionen (G-SIG: 10046778)

Germany · German Bundestag · 3 February 1984

An original resolution authorizing expenditures by the Committee on Environment and Public Works.

United States · United States Congress · 31 January 1984

Authorizes the Senate Committee on Environment and Public Works, from March 1, 1984, through February 28, 1985, to: (1) make expenditures from the contingent fund; (2) employ personnel; (3) utilize, on a reimbursable basis, the services of department or agency personnel; (4) procure consultant services; and (5) provide for the training of its professional staff.

Umwelt- und Lärmbelästigungen durch militärische Übungen der US-Air-Force auf dem Zivilflughafen Ensheim; Ausdehnung der Übungsflüge (G-SIG: 10046404)

Germany · German Bundestag · 27 January 1984

Umwelt- und Gesundheitsgefährdung durch chlorierte Kohlenwasserstoffe (G-SIG: 10000945)

Germany · German Bundestag · 27 January 1984

Aussprache auf Verlangen der Fraktion DIE GRÜNEN, unabhängig von einer Fragestunde

Acid Deposition Control and Cost Sharing Act of 1984

United States · United States Congress · 26 January 1984

Acid Deposition Control and Cost Sharing Act of 1984 - Amends the Clean Air Act to establish an acid deposition control and cost sharing program. Defines an "acid deposition impact region" as the 31 States east of or bordering on the Mississippi River, and the District of Columbia. Defines "existing major emitting electric powerplant" as any fossil fuel-fired steam electric power plant consisting of one or more steam generating units which: (1) is a major emitting facility; and (2) had been in commercial operation on or before December 31, 1980. Provides that steam generating units not in commercial operation on or before December 31, 1980, shall not be considered part of an existing major emitting electric powerplant. Defines "innovative emission limitation system" as a technological system of continuous emission reduction which has not been adequately demonstrated on a commercial scale and which, compared with any system which has been adequately demonstrated, has a substantial likelihood of achieving: (1) either greater continuous emission reduction of sulfur dioxide or greater simultaneous reduction of sulfur dioxide and nitrogen oxide emissions; and (2) reduction of sulfur dioxide emissions at a lower cost in terms of energy, economic, or nonair quality environmental impact. (Gives limestone injection multistage burners ("LIMB") as an example of an innovative emission limitation system.) Requires that, by January 1, 1996, the total annual sulfur dioxide emissions from existing major emitting powerplants in the acid deposition impact region not exceed a level 8,000,000 tons less than the actual level of such emissions from such powerplants in 1980. Prohibits any existing major emitting electric powerplant in the acid deposition impact region from increasing its annual emissions of sulfur dioxide (measured in tons per year) above the actual annual rate of emissions experienced by the plant during 1978, 1979, or 1980, unless: (1) there has been identified for such plant an enforceable, contemporaneous, and equivalent reduction in actual emissions not otherwise required under the Act at one or more points within the same State or (with the permission of the Governors of such States) within other States within the region; (2) the increase is authorized in an approved plan under this Act; or (3) the increase is due to a conversion completed pursuant to the Energy Supply and Environmental Coordination Act of 1974, the Fuel Use Act of 1978, or the Omnibus Budget Reconciliation Act of 1981, to the extent that such conversion does not result in emissions exceeding one and one-half pounds of sulfur dioxide per million Btus of heat input on an annual average. Makes violations of such prohibition violations of applicable implementation plans and emission limitations under specified provisions of the Act. Provides that no expenditure of funds on an existing major emitting electric powerplant in order to satisfy an emission limitation under this Act shall be deemed a reconstruction of that plant (or any part thereof) for any purpose under the Act. Requires each State in the acid deposition impact region to achieve its share of the reduction in annual sulfur dioxide emissions required for the entire region. Bases such share on the actual 1980 sulfur dioxide emissions which are in excess of one and one-half pounds per million Btus from existing major emitting electric powerplants within such State. Directs the Administrator of the Environmental Protection Agency, after consultation with the Governors of the States in the region, to publish within six months after enactment of this Act a list identifying such powerplants and 1980 emissions and specifying the sulfur dioxide emissions reductions which each State must achieve. Authorizes the Governors of any two or more States in the region to reallot among agreeing States such required reductions, provided that the total reductions equal the required total. Prohibits court review of any such list or agreement. Requires each State in the region, within three years after enactment of this Act, to submit a plan to achieve its required share of the reduction in sulfur dioxide emissions. Directs the Administrator to approve, within 12 months after its submission, any such plan or plan modification if, taking into consideration the comments of Governors of other States in the region, the Administrator finds that the plan or plan modification: (1) contains compliance schedules and authorized emission reduction methods or programs; (2) contains adequate monitoring requirements; and (3) is adequate to achieve the required total reduction in sulfur dioxide emissions for such State as expeditiously as practicable, but no later than January 1, 1996. Makes each emission limitation, compliance schedule, or other measure approved under this Act a requirement of an applicable implementation plan and an emission limitation for purposes of specified provisions of the Act. Provides that, if a State plan which fully satisfies the requirements of this Act has not been approved by January 1, 1989, an annual average emission limitation of one and one-half pounds of sulfur dioxide per million Btus shall apply to each existing major emitting electric powerplant within such State in the region. Requires the owner or operator of each such powerplant within such State to submit to the Administrator, by July 1, 1989, a plan for achieving such emission limitation. Directs the Administrator to approve such plan or plan modification within 12 months if it meets the same criteria and deadline as required for a State plan. Makes any measures approved under such plan a requirement of an applicable implementation plan and an emission limitation for purposes of specified provisions of the Act, and makes it a violation of such provisions for any owner or operator to fail to: (1) submit an approvable plan within the time prescribed; (2) comply with the plan; or (3) achieve the emission limitation as expeditiously as practicable but not later than January 1, 1996. Authorizes, for purposes of State plans under this Act, the use of any emission reduction methods or programs, if: (1) such methods or programs do not include the use of coal having a significantly lower sulfur content (as mined, disregarding reductions accomplished through precombustion cleaning) than the average sulfur content used by the powerplant during any six-month period in the five-year period ending December 31, 1983, with specified exceptions; (2) emissions limitations under such methods or programs are enforceable; and (3) emissions reductions occur within the State or within other agreeing States in the region. Provides that such authorized methods or programs may include: (1) any technological system of continuous emission reduction; (2) least emission dispatch to meet electric generating demand at existing generating capacity; (3) retirement of existing major emitting electric powerplants or portions thereof at an earlier date than provided in schedules on file with the Federal Energy Regulatory Commission, the Internal Revenue Service, or State utility regulatory agencies; (4) trading of emissions reduction requirements imposed under this Act and actual reductions not otherwise required under the Act; and (5) investments in energy conservation with which quantifiable reductions in emissions can be identified. Allows a State plan or plan modification to require emission reductions at sources other than existing major emitting electric powerplants, if such reductions are actual emission reductions not otherwise required under the Act. Requires, for purposes of powerplant owner or operator plans which are submitted when State plans have not been approved on time, that authorized reduction methods or programs: (1) meet all the requirements for those under State plans; (2) reduce emissions at sources owned or operated by the person submitting the plan (with specified exceptions); and (3) be limited to technological systems of continuous emission reduction, least emission dispatch to meet electric generating demand at existing generating capacity, early retirement of powerplants, and trading of emission reduction requirements and actual reductions (whether or not such requirements or reductions occur at sources owned or operated by the person submitting the plan). Directs States and the Administrator to establish emission reduction banks or brokerage institutions to facilitate trading in emissions reduction requirements imposed under this Act and actual reductions not otherwise required under the Act. Directs the Administrator, before October 1, 1989, to contract with the National Academy of Sciences (NAS) to study and report on: (1) the significant adverse effects on public health and welfare which may reasonably be associated with atmospheric deposition of acidic compounds; (2) areas of the country which are, or are exposed to a significant risk of, experiencing such effects; (3) whether and to what extent particular sources in particular areas can reasonably be associated with the atmospheric acidic compounds associated with such risks and effects; and (4) the availability of controls for such sources and the social and economic costs of controlling them so as to eliminate or significantly mitigate such risks and effects. Requires that the NAS report be submitted to the President and Congress before December 31, 1996. Directs the Administrator to submit to Congress, before June 1, 1997, draft legislation to require, if necessary, further emission control strategies that are consistent with the NAS report. Authorizes the Administrator to issue an innovative control order to an existing major emitting electric powerplant, after consultation with the Governor of the State where the plant is located, upon determination that: (1) the plant owner or operator will expeditiously use an innovative emission limitation system which is reasonably likely to be adequately demonstrated, upon expiration of the order, at one or more facilities; (2) such system is not likely to be used at the plant unless such order is granted; (3) the owner or operator has demonstrated that the proposed system will not cause or contribute to an unreasonable risk to public health, welfare or safety in its operation, function, or malfunction; and (4) the granting of such order will not make the total number of such orders with respect to such system exceed that which the Administrator finds appropriate to ascertain whether or not such system has been adequately demonstrated or will achieve an equivalent continuous reduction at lower cost in terms of energy, economic, or nonair quality environmental impact. Requires that such innovative control orders: (1) specify a final date of compliance with emission limitations under this Act, which shall not be later than January 1, 1996, with specified exceptions; and (2) set forth compliance schedules containing increments of progress which require such compliance as expeditiously as practicable. Requires a source, during the period covered by an innovative control order, to comply with interim requirements which the Administrator: (1) determines are reasonable and practicable; and (2) specifies in the order. Prohibits any enforcement action from being pursued based upon noncompliance with any emission limitations under this Act which is covered by the innovative control order during the period for which such order is in effect. Makes any compliance schedule or interim requirement imposed in an innovative control order a requirement of an applicable implementation plan and an emission limitation for purposes of specified provisions of the Act. Authorizes the Administrator to revoke, extend, or modify an innovative control order upon specified determinations. Authorizes the Administrator to issue a compliance coal order to an existing major emitting electric powerplant allowing that source to comply in whole or part with an emission limitation under this Act by using coal having a significantly lower sulfur content than coal used by the source during any six-month period in the five-year period ending December 31, 1983, upon determination that: (1) the plant is subject to an emission limitation under this Act; (2) the only feasible way of complying with such emission limitation which is authorized under this Act would involve the installation and use of a technological system of continuous emission reduction; and (3) the costs of installing and operating that system would be grossly disproportionate to any local or regional economic disruption or unemployment which would result from the use by that plant of such lower sulfur content coal. Prohibits the granting of any compliance coal order unless the annualized capital and operating costs of a technological system of continuous emission reduction, as determined by the Administrator, are at least 20 percent greater than the baseline model estimate (BME) of the annualized capital cost of a system as calculated in a specified manner. Directs the Administrator, within six months after the enactment of this Act, to develop a baseline model to estimate representative retrofit capital and operating costs of technological systems of continuous emission reduction, following specified procedures and taking specified factors into account. Provides that any reduction in the sulfur content of coal accomplished through precombustion cleaning be disregarded in determining for purposes of this Act the average sulfur content of coal used by a plant during any six-month period in the five-year period ending December 31, 1983. Directs the Administrator to consult with the Governor of the State in which the plant is located, and the Governors of the States where the coal used by that plant is mined, prior to issuing a compliance coal order. Requires that a compliance coal order have a five-year duration, and allows extensions for additional five-year periods. Authorizes the Administrator to revoke, extend, or modify a compliance coal order upon specified determinations. Makes a term or condition of a compliance coal order a requirement of an applicable implementation plan and an emission limitation under specified provisions of the Act. Establishes in the U.S. Treasury an Acid Deposition Control Trust Fund. Directs the Secretary of the Treasury to establish the Fund within one year after enactment of this Act. Provides that the Fund shall continue in existence until all distributions have been made in accordance with this Act. Provides that any amount remaining in the Fund on January 1, 2006, shall be used to make additional payments which may be required on account of past underpayments. Provides that, after such additional payments have been made, and all repayments into the Fund required on account of past overpayments have been collected, any remaining amount in the Fund shall be distributed to the owners and operators of existing major emitting electric powerplants in proportion to the amount of fees they paid during the Fund's lifetime, but only if they pass on such refunded payment to their current customers in the form of a rebate or rate reduction. Directs the Secretary to: (1) be the Fund's trustee; (2) manage the Fund by investing in a specified manner any portion of the Fund not required to meet current obligations; (3) report annually to Congress on the financial condition of the Fund; and (4) make a final report, and accounting, to Congress at the termination of the Fund. Requires the payment into the Fund of acid deposition impact region user fees by owners and operators of existing major emitting electric powerplants located within the region. Requires such fee payment to begin January 1, 1985, and to continue until December 31, 1999. Sets the amount of the fee on the basis of electricity generated by such plant: (1) during 1985, at one mill per kilowatt-hour; (2) during 1986, at two mills per kilowatt-hour; and (3) during 1987 through 1999, at three mills per kilowatt-hour. Exempts from such fee payment determinations any unit of such a plant which: (1) operates a technological system of continuous emission reduction which was not installed to meet requirements under this Act; and (2) operates such emissions control equipment to remove 70 percent or more of potential combustion emission of sulfur dioxide. Directs the Administrator, within six months after enactment of this Act, and after consulting with the Secretary, to issue regulations governing the conditions under which payments will be made from the Fund. Directs the Administrator, beginning after January 1, 1992, and ending by December 31, 2005, to make annual payments from the Fund to owners or operators of existing major electric powerplants. Requires that such payments cover: (1) 90 percent of all annual capital costs, and 50 percent of all annual operating costs, of control technology which the Administrator determines to be necessary to comply with specified requirements of this Act; or (2) 90 percent of all such capital costs and 90 percent of all such annual operating costs as the Administrator determines to be necessary to comply with specified requirements of this Act if an innovative control technology is used. Limits payment of such costs to specified periods ending on or before December 31, 2005. Prohibits payments from the Fund to cover: (1) costs not essential to the construction, retrofit, and operation of the control equipment; (2) financing costs above the acceptable range of interest costs available to the utility; or (3) capacity or energy losses resulting from the retrofitting of an emission reduction system. Directs the Administrator to publish, within 18 months after the enactment of this Act, regulations specifying procedures for approving and making payments from the Fund to cover all applicable costs according to specified criteria. Authorizes the Administrator to delegate to a State, at its request and if it has an approved State plan, the authority to approve such payments, subject to the Administrator's approval. Prohibits any annual operating cost payment during any period in which the major existing electric powerplant is not in compliance with any applicable requirements under this Act. Provides that any operating costs incurred during any such period shall not be considered in determining whether overpayments or underpayments have been made. Prohibits any annual capital cost payment during any period in which the powerplant is not in compliance with any compliance schedule under this Act, unless such plant is making a good faith effort. Directs the Administrator, within 24 months after the enactment of this Act, and after consultation with the Secretary, to promulgate regulations governing the making of payments from the Fund and the collection of overpayments. Sets forth requirements relating to such regulations. Sets forth civil and criminal fines for specified failures to pay fees or repayments under this Act. Allows up to $50,000,000 per year from the Fund to be used for the development and demonstration of sulfur dioxide emission control technologies and for specified research authorized under the Energy Security Act of 1980. Provides that no payments from the Fund shall be considered as "income" for purposes of the Internal Revenue Code, or as "rate relief" for purposes of any State regulatory system. Provides that no capital or operating expenses which are compensated under this Act shall be used to reduce any tax obligation under the Internal Revenue Code. Directs the Administrator to make payments of up to $40,000,000 from the Fund to the NAS for services performed pursuant to the contracts for the study and report under this Act. Authorizes the Administrator to delegate to a State, at its request and if it has an approved State plan, the authority to approve payments required under provisions of this Act relating to the Fund.

NEGOTIATIONS FOR THE ACCESSION OF PORTUGAL TWENTY-FOURTH COMMISSION REPORT TO THE COUNCIL ON THE EXAMINATION OF COMMUNITY SECONDARY LEGISLATION#SUPPLEMENT TO THE PREVIOUS REPORTS CONCERNING ACTS RELATING TO THE FOLLOWING FIELDS: RULES OF COMPETITION EXTERNAL RELATIONS (EEC AND ECSC) APPROXIMATION OF LAWS ENVIRONMENT AND CONSUMER PROTECTION

European Union · European Commission · 26 January 1984

NEGOTIATIONS FOR THE ACCESSION OF SPAIN TWENTY-THIRD COMMISSION REPORT TO THE COUNCIL ON THE EXAMINATION OF COMMUNITY SECONDARY LEGISLATION SUPPLEMENT TO THE PREVIOUS REPORTS CONCERNING ACTS RELATING TO THE FOLLOWING FIELDS: RULES OF COMPETITION EXTERNAL RELATIONS (EEC AND ECSC) APPROXIMATION OF LAWS ENVIRONMENT AND CONSUMER PROTECTION

European Union · European Commission · 26 January 1984