Environment

Global Resources, Environment, and Population Act of 1983

United States · United States Congress · 12 April 1983

Global Resources, Environment, and Population Act of 1983 - Declares it to be the public policy to: (1) promote national population stabilization; (2) encourage other nations to achieve population stabilization; and (3) coordinate research and national planning concerning global trends in population characteristics, the availability of natural resources, and environmental change. Directs all Federal agencies to: (1) use reliable demographic research in planning and decisionmaking which affect national and global population characteristics; and (2) develop procedures to insure the consideration of population characteristics, population stabilization, and environmental, economic, and natural resource aspects in agency planning and decisionmaking. Directs each agency head to: (1) review the agency's statutory authority, policies, and regulations to determine whether there are any impediments to complying with this Act; and (2) recommend the necessary administrative or legislative actions to eliminate such impediments. Establishes an interagency Council on Global Resources, the Environment, and Population to: (1) coordinate research, conduct studies, and report to the President and Congress on trends in population characteristics; (2) assess the impact of such trends on population stabilization, the environment, and the availability of natural resources; (3) recommend legislative and administrative actions to modify or eliminate Federal programs, laws, and regulations which limit the achievement of the policies of this Act; and (4) recommend to Congress and the President a national population policy and policies to encourage global population stabilization at a level which maintains the highest possible standard of living and does not deplete the world's natural resources or degrade the global environment. Requires the President to submit to Congress, annually, a national population change and planning report which includes: (1) an evaluation of the impact that national and global trends in population characteristics, the availability of natural resources, and environmental change will have on the nation's economy and national security; and (2) recommendations for necessary legislative actions.

A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to generate additional revenues for the Superfund and to provide for certain additional forms of assistance respecting releases of hazardous substances, to amend the Internal Revenue Code of 1954 to impose (in lieu of the tax on chemical feedstocks) an additional tax on hazardous wastes, and for other purposes.

United States · United States Congress · 12 April 1983

Title I - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("Superfund Act") to authorize the Administrator of the Environmental Protection Agency to make grants to assist States in carrying out: (1) hazardous waste enforcement programs under the Solid Waste Disposal Act; and (2) remedial actions and other response measures necessary with respect to the release, or substantial threat of release, of any pollutant or contaminant from a facility which is not on the list of 400 top priority known response targets, but which the State determines may present an imminent and substantial danger to the public health or welfare. Authorizes the Administrator to provide technical assistance to companies in the recycling of hazardous substances. Requires that specified amounts appropriated to the Hazardous Substances Response Trust Fund be reserved for: (1) such grants to States; and (2) such technical assistance to companies. Revises audit provisions to direct the Inspector General of each department or agency which has responsibility to obligate money in the Fund to: (1) report annually to the President and the Congress; and (2) specifically identify in such report any payments from the Fund for any administrative costs that are not reasonably necessary for and incidental to the implementation of provisions for hazardous substances releases, liability and compensation. Provides for reimbursement to the Fund of improper expenditures by any department or agency. Authorizes appropriations to the Fund for FY 1986 through 1995. Title II - Amends the Internal Revenue Code to repeal the environmental tax on chemical feedstocks. Provides for a new "tax on generation of hazardous wastes." Imposes such tax on hazardous waste treatment, transport, disposal, or storage for more than one year. Directs the Administrator, for purposes of determining such tax, to notify the Secretary of the Treasury and publish in the Federal Register before July 31, 1995, a classification of all listed hazardous wastes and residues as: (1) extremely hazardous waste; (2) highly hazardous waste; or (3) nontoxic hazardous waste. Provides for subsequent classification of hazardous wastes listed after such date. Provides that any hazardous waste not otherwise classified shall be considered to be highly hazardous waste. Sets forth provisions for records, statements, and returns relating to such tax. Makes such tax effective on October 1, 1985. Sets forth tables for determination of the amount of such tax before October 1, 1990. Provides that such amount shall be doubled with respect to any event occurring after September 30, 1990. Terminates such tax after September 30, 1995. Revises provisions for a tax on hazardous wastes to give such provisions a new heading "Tax on disposal of hazardous wastes" (as of October 1, 1985). Extends such tax (on the receipt of hazardous waste at a qualified disposal facility) through September 30, 1995. Amends sunset provisions of the Superfund Act to extend the authority to collect taxes conferred by such Act through September 30, 1995, unless such authority is reauthorized by Congress.

Global Resources, Environment, and Population Act of 1983

United States · United States Congress · 12 April 1983

Global Resources, Environment, and Population Act of 1983 - Declares it to be the public policy to: (1) promote national population stabilization; (2) encourage other nations to achieve population stabilization; and (3) coordinate research and national planning concerning global trends in population characteristics, the availability of natural resources, and environmental change. Directs all Federal agencies to: (1) use reliable demographic research in planning and decisionmaking which affect national and global population characteristics; and (2) develop procedures to insure the consideration of population characteristics, population stabilization, and environmental, economic, and natural resource aspects in agency planning and decisionmaking. Directs each agency head to: (1) review the agency's statutory authority, policies, and regulations to determine whether there are any impediments to complying with this Act; and (2) recommend the necessary administrative or legislative actions to eliminate such impediments. Establishes an Interagency Council on Global Resources, the Environment, and Population to: (1) coordinate research, conduct studies, and report to the President and Congress on trends in population characteristics; (2) assess the impact of such trends on population stabilization, the environment, and the availability of natural resources; (3) recommend legislative and administrative actions to modify or eliminate Federal programs, laws, and regulations which limit the achievement of the policies of this Act; and (4) recommend to Congress and the President a national population policy and policies to encourage global population stabilization at a level which maintains the highest possible standard of living and does not deplete the world's natural resources or degrade the global environment. Requires the President to submit to Congress, annually, a national population change and planning report which includes: (1) an evaluation of the impact that national and global trends in population characteristics, the availability of natural resources, and environmental change will have on the nation's economy and national security; and (2) recommendations for necessary legislative actions.

Hazardous Waste Control and Enforcement Act of 1983

United States · United States Congress · 12 April 1983

Hazardous Waste Control and Enforcement Act of 1983 - Amends the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to authorize appropriations for FY 1984 through 1986 for: (1) general administration by the Administrator of the Environmental Protection Agency (EPA) to carry out such Act (including funds for Resource Recovery and Conservation Panels, hazardous waste management, and support for State, regional, local, and interstate agency solid waste plans); (2) grants to State hazardous waste programs; (3) hazardous waste site inventory; (4) development and implementation of plans by State, local, regional, and interstate authorities; (5) implementation of State, local, and intermunicipal programs for solid waste management, resource recovery, resource conservation, and hazardous waste management; (6) special communities assistance; (7) assistance to States for recycled oil programs; and (8) the Secretary of Commerce to carry out resource and recovery duties. Establishes requirements for small quantity generator waste. Prohibits exemption from hazardous waste management standards, by reason of the small quantities any hazardous waste generated by any generator in a quantity greater than 100 kilograms during any calendar month. Makes such prohibition of such exemption effective 24 months after the date of the enactment of this Act. Directs the Administrator, within 24 months of such enactment and after notice, opportunity for comment, and public hearings, to promulgate standards for hazardous waste generated in monthly quantities between 100 to 1,000 kilograms which are applicable to generators, transporters, and owners or operators of treatment, storage, or disposal facilities. Authorizes the Administrator to allow such small quantity generator waste standards to vary from standards for larger quantities. Sets forth requirements for such variances. Directs the Administrator, in cooperation with the Secretary of Transportation, to modify current regulations to conform requirements applicable to transporters of hazardous waste to the scale of the operations involved. Authorizes the Administrator to establish special standards or exemptions for hazardous wastes generated by any generator in a quantity less than 100 kilograms during any calendar month. Requires that, within 90 days of enactment of this Act, each hazardous waste generator who is not required under EPA regulations to provide a manifest to transporters shall provide specified written notices to each person transporting such waste to a facility for treatment, storage, or disposal. Prohibits any variance with respect to such requirement. Establishes requirements for interim control of hazardous waste injection. Prohibits hazardous waste disposal by underground injection above or into a formation which contains, within one-quarter mile of the well used for such injection, an underground source of drinking water. Provides for exemptions from such prohibition upon demonstration that such injection will not cause hazardous waste to endanger drinking water sources. Provides for State and Federal enforcement of such prohibitions and identical prohibitions under the Safe Drinking Water Act. Establishes requirements with respect to liquids in landfills. Directs the Administrator, within six months after enactment of this Act, to promulgate final regulations which minimize the disposal of liquid hazardous waste, and free liquids contained in hazardous waste, in landfills. Directs the Administrator to maintain current requirements, pending promulgation of such regulations. Sets forth requirements for land disposal reports. Directs the Administrator, within six months after enactment of this Act, to publish and submit to the Congress a report: (1) listing hazardous wastes for which one or more types of land disposal may not be protective of human health and the environment; (2) identifying hazardous wastes for which there are technologically feasible alternatives to land disposal which would be so protective; (3) assessing the costs of such alternatives; and (4) assessing other hazardous wastes which are unsuitable for other means of waste treatment or disposal. Requires modification and supplementation of such report as new information becomes available. Directs the Administrator, within nine months after the required publication date of such report, and from time to time thereafter, to promulgate regulations respecting those hazardous wastes in the report (in addition to hazardous wastes specifically prohibited from land disposal under this Act). Requires that such regulations, for those hazardous wastes for which one or more types of land disposal of a hazardous waste may present the environment, be based on the toxicity, mobility, persistence, ability of the waste to bioaccumulate and the inability of land disposal facilities to contain hazardous wastes over a period of time. Requires that such regulations contain effective dates allowing time necessary to install nationwide sufficient capacity of alternative treatment, recovery, or disposal methods identified in such report. Provides for case-by-case exemptions based on demonstrations that capacity for such alternative means of disposition is not reasonably available. Directs the Administrator, for purposes of such regulations, to: (1) consider alternative treatment methods; (2) examine State government actions with regard to such controls; and (3) review all halogenated organic wastes. Prohibits, effective on the date one year after enactment of this Act, land disposal of specified hazardous wastes unless the Administrator determines such prohibition is not required. Lists the hazardous waste for which such land disposal prohibition applies at specified concentrations: (1) cyanide-containing liquid wastes; (2) liquid toxic metal wastes and their compounds (arsenic, cadmium, hexavalent chromium, lead, mercury, nickel, selenium, thallium); (3) acid wastes; (4) wastes containing polychlorinated biphenyls (PCBs); and (5) wastes containing halogenated organics. Requires, within 12 months after enactment of this Act, notification to the Administrator by: (1) the owner or operator of any facility producing a fuel from any hazardous waste alone or with other material or from used oil alone or with other material; (2) the owner or operator of any facility burning fuel containing any hazardous waste or used oil; and (3) any person who distributes or markets fuel containing hazardous waste or used oil. Requires that such notification describe the location, the facility, the identified or listed hazardous waste involved, and the production or energy recovery activity. Exempts facilities, such as residential boilers, from such notification requirements where the Administrator determines that such notification is not necessary for obtaining sufficient information respecting current practices of facilities using hazardous waste for energy recovery. Directs the Administrator, within two years after the enactment of this Act, to promulgate regulations establishing health and environmental standards applicable to owners or operators of facilities producing fuel from hazardous wastes or burning hazardous wastes for energy recovery and to distributors or marketers of such fuels. Prohibits producers, distributors, or marketers of fuels containing hazardous wastes from distributing or marketing such fuels unless the invoice or bill of sale bears a conspicuous warning and lists the hazardous wastes contained in such fuel. Exempts Exempts oil or petroleum refining waste containing oil from such labeling requirement under certain conditions. Requires that permits (other than interim status permits) issued to treatment, storage, or disposal facilities by Federal or State hazardous waste programs under the Act address any release of hazardous waste from such facilities which occurs prior to the permit issuance. Requires that such permits include schedules and provide financial assurances for addressing such releases where the required action cannot be completed prior to permit issuance. Exempts from such permit requirements any portion of the facility at which hazardous waste treatment, storage, or disposal activities have not taken place. Directs the Administrator to promulgate regulations requiring any facility operating on interim status permits to obtain a final permit before expanding its capacity by more than ten percent (except capacity for storage or treatment in tanks or containers and enclosed waste piles). Authorizes the Administrator to establish standards for any interim status permit facility expanding its capacity by ten percent or less. Allows such standards for facilities expanding by ten percent or less to vary from the interim permit status standards for facilities which do not expand capacity. Requires landfill disposal facilities operating under an interim status permit to comply with monitoring and corrective action requirements applicable to facilities for which a final permit is issued. Requires any new, replacement, or laterally expanded unit of a landfill or surface impoundment operating under an interim status permit to be subject to requirements respecting liners and leachate collection systems or equivalent protection applicable to facilities for which a final permit is issued. Directs the Administrator to issue final permits or final denials of permit applications: (1) for land disposal facilities, within four years of the enactment of this Act; (2) for any other treatment, storage, or disposal facilities, within eight years of such enactment. Provides that such time periods shall also apply in the case of any authorized State hazardous waste program. Requires facilities operating under interim status permits to submit applications for final permit review within the applicable time period, with specified exceptions. Authorizes the Administrator, after notice and opportunity for hearing, to promulgate permit application requirements and permit conditions applicable to owners and operators of a class of facilities, upon determination that facilities in the class should be subject to similar design, operating, and management requirements. Limits such classes to facilities which treat or store hazardous waste in containers, tanks, or enclosed piles. Authorizes the Administrator, after notice and opportunity for informal hearing, to issue a class permit for a facility which meets such conditions and requirements. Authorizes the Administrator, in establishing class permit requirements and conditions, to provide that certain conditions shall be established for each facility on a site-specific basis. Directs the Administrator to promulgate regulations which protect human health and the environment with respect to the use, recycling, and reclamation of identified or listed hazardous waste. Declares the intention that adequate provision be given to the present and future needs of the recycling and resource recovery interest in the area encompassed by the comprehensive planning process in determining the size of waste-to-energy facilities. Authorizes the Administrator to make grants to local government authorities to construct (and acquire lands for) demonstration recycling intermediate processing centers. Sets forth requirements for such grants. Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the "Superfund Act") to revise provisions relating to the State share of the costs of remedial actions in response to a release of a hazardous substance at a disposal facility owned by a State or local government. Requires that such facility be operated, as well as owned, by the State or local government in order for such provisions to apply. Directs the President to use money in the Hazardous Substance Response Trust Fund to reimburse any State for the amount paid in excess of ten percent of the costs of remedial action at a facility owned, but not operated, by such State or local government. Amends the Solid Waste Disposal Act to increase the maximum sentences as criminal penalties for knowing endangerment and other specified violations under such Act. Authorizes the Administrator to bring suit, and to take other appropriate action, if the past (or present) handling, storage, treatment, transportation, or disposal of hazardous waste may present an imminent and substantial endangerment to health or the environment. Revises provision for citizen suits to provide that only the prevailing or substantially prevailing party may be awarded litigation costs. Revises preservation of rights provisions to declare that nothing in the Solid Waste Disposal Act shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or requirement relating to the management of solid waste or hazardous waste, or to seek any other relief (including relief against the Administrator or a State agency). Directs the Administrator to request the Attorney General to file, and represent the Administrator in, any civil action which the Administrator is authorized to bring under the Solid Waste Disposal Act. Grants the Administrator, if the Attorney General does not give notice and file such action within specified deadlines, exclusive authority to commence and conduct the litigation and any appeals of such action and to designate EPA Attorneys for such purposes, except in the case of actions before the U.S. Supreme Court. Grants EPA officers or employees specified law enforcement powers in the investigation of any activity for which a criminal penalty is provided under the Solid Waste Disposal Act. Revises citizen suit provisions of such Act to allow any person to commence civil actions to: (1) immediately restrain any person contributing to the handling, storing, treating, transporting, or disposing of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment; or (2) order the Administrator to perform any act or duty which is not discretionary under such Act and to supply appropriate civil penalties. Provides that specified prohibitions against the open dumping of solid waste or hazardous waste shall apply whether or not a State plan has been submitted and approved. Authorizes the Administrator, and duly designated agents and employees of EPA to initiate and conduct investigations under the criminal provisions of the Solid Waste Disposal Act and to refer investigation results to the Attorney General for appropriate prosecution. Revises provisions for Federal enforcement of hazardous waste management requirements under the Solid Waste Disposal Act to authorize the Administrator to assess a civil penalty for any past or current violation. Provides for criminal penalties for persons who knowingly: (1) cause specified hazardous waste to be transported; (2) treat, store, or dispose of such waste in violation of any material condition or requirement of specified permits or of any applicable interim status regulations or standards; (3) omit material information used for purposes of compliance with regulations promulgated by the Administrator (or by a State program); (4) fail to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of such compliance; or (5) transports, or causes to be transported, without a manifest any hazardous waste required to be so accompanied. Raises the maximum criminal penalties for these and other violations, under specified conditions. Revises provisions relating to conditions for knowing endangerment. Raises the penalties for knowing endangerment. Revises provisions for review of certain actions of the Administrator relating to permits for treatment, storage, or disposal of hazardous waste and authorized State hazardous waste programs. Provides that action of the Administrator with respect to which review could have been obtained under such provisions of the Solid Waste Disposal Act shall not be subject to judicial review in civil or criminal proceedings for enforcement. Revises findings and objectives of the Solid Waste Disposal Act. Revises provisions for identification and listing of hazardous waste under such Act to add requirements with respect to specified wastes. Directs the Administrator, where appropriate, to list as subject to hazardous waste management provisions: (1) within ten months of enactment of this Act, additional wastes containing chlorinated dioxins and dibenzofurans; and (2) within two years after such enactment, wastes containing remaining halogenated dioxins and dibenzofurans. Directs the Administrator, within six months after such enactment, to determine whether or not to list as subject to such requirements 23 wastes named in a specified congressional committee report. Directs the Administrator to also list those hazardous wastes which shall be subject to hazardous waste management requirements because they contain hazardous constituents (such as identified carcinogens, mutagens, or teratagens) at concentration levels in excess of levels which endanger human health and and the environment. Sets forth delisting procedures. Directs the Administrator, when evaluating a petition to exclude a waste generated at a particular facility, to: (1) consider factors, other than those for which the waste was listed, which could cause the waste to be hazardous; (2) provide notice and opportunity for comment on such additional factors before granting or denying such petition; and (3) make a final decision on each such petition within 18 months after granting a temporary exclusion from regulation of such waste.

Toxic Victim Compensation Act

United States · United States Congress · 12 April 1983

Toxic Victim Compensation Act - Title I: Establishment of New Cause of Action for Victims of Hazardous Substances - Makes the following persons liable for damages for specified injuries, illnesses, deaths, or losses caused by a release of a hazardous substance: (1) the owner and operator of a vessel or facility from which a hazardous substance is released; (2) a person who owned or operated a facility at which a hazardous substance was disposed and from which a hazardous substance is released when such person no longer owns or operates such facility; (3) any person who arranges for disposal or treatment, or transportation for disposal or treatment, of any hazardous substance at a facility owned by another person from which such a release occurs; and (4) any person who accepts a hazardous substance for transport to a site, selected by such person, from which such a release occurs. Includes as compensable damages: (1) the loss of use of real or personal property or natural resources without regard to ownership; and (2) any direct or indirect loss of revenue by the Federal Government or any State or local government. Exempts a defendant from such liability if he or she can establish by a preponderance of the evidence that: (1) the release of the hazardous substance was caused by an act of God, an act of War, or an act or omission of a third party who is not an agent, employee, or contractor of the defendant; (2) the defendant exercised due care with respect to the hazardous substance; or (3) the defendant took reasonable precautions against foreseeable acts of any third party and foreseeable consequences of such acts. Declares that no persons shall become exempt from liability by transferring such liability to any other person. Allows a trier of fact, in any action for damages under this Act, to find the defendant liable for punitive damages in addition to any compensatory damages, if such trier finds the conduct of the defendant demonstrated a gross and wanton disregard for public safety. Declares that this Act shall apply to any Federal agency to the same extent as it applies to any person. Provides that the plaintiff will have established a presumption that the defendant caused or significantly contributed to the injury, illness, or damage suffered by the plaintiff upon showing sufficient evidence that: (1) the plaintiff was exposed to a hazardous substance found in a discharge, release, or disposal caused or contributed to by the defendant; (2) the plaintiff's exposure to such substance would likely cause or significantly contribute to the injury, illness, or damage. Makes it the burden of the defendant to establish by a preponderance of the evidence that he or she did not cause or significantly contribute to the plaintiff's injury or illness. Sets forth the kinds of evidence which shall be considered relevant to the issue of causation of injury, illness, or damage. Designates as questions for the trier of fact the degree of culpability of, and the recovery amount due from, each defendant shown to be liable. Prohibits the commencement of any action for damages under this Act after the end of a three-year period beginning on the date the injury, illness, or damage was first known, or should reasonably have been known, to exist. Grants jurisdiction for such an action to any State court of competent jurisdiction or any Federal district court for the district in which either the plaintiff or the defendant resides, regardless of the amount in controversy. Requires an action brought against a Federal agency to be brought in a Federal district court. Prohibits any person from being denied benefits under a State's workers compensation plan for illness or injury due to a release of a hazardous substance because the person filed a claim in an untimely manner if the person filed within the period provided for filing an action for damages under this Act, regardless of whether the person's employer was responsible for such injury or illness. Declares that the presumption of cause, provided for actions for damages under this Act, shall constitute State law in any administrative or judicial proceeding under a State's workers compensation law. Title II: Department of Health and Human Services - Directs the Secretary of Health and Human Services, through the Agency for Toxic Substances and Disease Registry, to: (1) establish procedures for physician reports of cases of injury, illness, and death suspected to have resulted from hazardous substances; (2) compile data on such cases; and (3) initiate or request from other agencies support and research concerning health problems related to hazardous substances. Directs the Secretary to study and investigate whether hazardous substances have been released in specified cases, whether such release has created potential for damage, and what will be the probable extent of such damage. Directs the Secretary to: (1) publish in the Federal Register any tentative finding that the release of a hazardous substance has created the potential for injury, illness, or property damage; (2) invite and evaluate public comments concerning such finding; and (3) conduct further studies or investigations; or (4) publish his or her final determination of the risk of injury, illness, or damage created by the release. Permits a person adversely affected by the Secretary's final determination, to file a petition for judicial review of such determination within 60 days after it its publication in the Federal Register. Provides that such a determination shall be conclusive in any legal or administrative proceeding if no petition is filed within such period. Title III: Toxic Victims Compensation Board - Establishes a Toxic Victims Compensation Board, as an independent office within the Department of Health and Human Services, which shall: (1) accept applications from persons claiming to be victims of illness, injury, or property damage caused by a release of a hazardous substance; (2) certify claimants as victims upon determining that such a release caused such injury, illness, or property damage; and (3) award specified benefits to such victims for their losses. Disqualifies from entitlement to such benefits any person who intentionally causes injury or illness to himself, herself, or another person. Specifies time limits for filing application with the Board. Sets forth the procedure for certification of a victim by the Board. Grants the Board subpoena powers. Requires any person filing for certification as a victim to also file a claim for benefits, simultaneously. Permits a victim to file a supplemental claim for benefits for losses suffered after the application date. Provides for the payment of a benefit award to a person other than the victim if necessary: (1) to secure payment for alimony, maintenance, or child support; or (2) to satisfy a claim for medical benefits or reasonable attorney's fees as verified by the Board. Subrogates the Board to the rights of any victim for the full amount of such benefit payments. Grants the Board a lien in such amount upon any amount recovered by such victim in a civil action for damages under title I of this Act. Allows the Board to exercise the right of such victim to commence such an action if such victim declines to do so. Provides for the judicial review of a determination by the Board. Requires the Board to submit to the President and Congress an annual report, analyzing: (1) the operation of its duties; (2) the regulations it issued; and (3) the victims certified and benefits awarded. Title IV: Fund for Compensation of Victims of Toxic Exposure - Establishes in the Treasury a trust fund to be known as the Toxic Victims Trust Fund (TVC Fund). Requires any amounts obtained by the Toxic Victims Compensation Board as a reimbursement for benefits paid to be deposited into such Fund. Requires the transfer of moneys from the Hazardous Response Trust Fund to cover any victim benefit payment for which there are insufficient moneys in the TCV Fund. Authorizes the appropriation to the Secretary of the Treasury of such amounts as may be necessary for loans to the TCV Fund to pay benefits exceeding amounts available in the TCV Fund and in the Hazardous Substance Response Trust Fund. Makes a conforming amendment to the Hazardous Substance Response Revenue Act of 1980.

Oil Spill Liability and Compensation Act of 1981

United States · United States Congress · 5 April 1983

Oil Spill Liability and Compensation Act of 1981 - Title I: Oil Spill Liability and Compensation - Subjects the owner or operator of a vessel or facility to liability for oil discharged in violation of the Federal Water Pollution Control Act (unless the discharge was caused as an act of God, war, or by a third party). Causes such owners and operators to be liable for: (1) all actual costs of removal incurred by the United States or a State under the Federal Water Pollution Control Act, the Intervention on the High Seas Act, or the Deepwater Port Act of 1974; (2) any removal costs incurred by any person, as removal is defined under the Federal Water Pollution Control Act; and (3) specified damages for economic loss or loss of natural resources resulting from such a discharge. Limits such liability, but stipulates than an owner or operator shall be liable for all damages and removal costs in the case of: (1) willful misconduct or negligence; (2) violation of applicable safety, construction, or operating standards or regulations; (within the knowledge or privity of the owner or operator); or (3) a refusal to provide reasonable cooperation and assistance requested by a responsible official. Provides that owners or operators subject to the Outer Continental Shelf Lands Act shall bear all costs of removal. Authorizes the President to establish additional limitations on liability for certain facilities; and, from time to time, to increase established limitations to reflect specified factors. Provides for third party liability. Directs that money in the Oil Spill Liability Trust Fund (established in title II of this Act) be used for, among other things: (1) payment of removal costs; and (2) related research. Sets forth procedures for asserting claims against the Fund. Requires any claimant, prior to asserting a claim, to present the claim to the owner, operator, or guarantor of the vessel or facility from which the oil was discharged. Directs the President to: (1) prescribe forms and procedures for filing claims; and (2) attempt to arrange a settlement. Authorizes the President to establish and to pay a claim or to submit a claim to a Board of Arbitrators. Permits a claimant, dissatisfied with an award, to appeal to the Board of Arbitrators. Requires the owner and operator of any offshore vessel and/or facility to establish and maintain stated levels of financial responsibility sufficient to satisfy claims. Title II: Trust Fund Establishment and Collections - Establishes the Oil Spill Liability Trust Fund. Provides that the Fund shall consist of: (1) amounts derived from an additional petroleum tax of 1.3 cents per barrel, imposed by an amendment to the Internal Revenue Code; (2) amounts recovered under title I of this Act; (3) penalties imposed under title I of this Act or under the Federal Water Pollution Control Act and other unobligated funds available under such Act; (4) all assets of the Trans-Alaska Pipeline Liability Fund; (5) all assets of the Deepwater Port Liability Fund; and (6) all assets of the Offshore Oil Pollution Compensation Fund established under the Outer Continental Shelf Lands Act Amendments of 1978. Establishes a minimum amount of $30,000,000 to be maintained in the Trust Fund. Establishes the order in which unpaid claims are to be paid. Limits the liability of the United States to the amount in the Trust Fund. Provides for Trust Fund borrowing, as repayable advances, from the General Fund of the Treasury. Title III: Miscellaneous Provisions - Sets forth effective dates and conforming amendments. Directs the President, in cooperation with the Comptroller General, to study possible incentives for safer operation of vessels and facilities to prevent oil discharges, and to report to the Congress by July 1, 1983.

A bill to amend title III of the Outer Continental Shelf Lands Act Amendments of 1978 to clarify provisions relating to claims, financial responsibility, and civil penalties.

United States · United States Congress · 5 April 1983

Amends the Outer Continental Shelf Lands Act Amendments of 1978 to amend the definitions of "offshore facility", "owner", "operator", and "guarantor" for purposes of liability apportionment. Defines: (1) "lessee" as any person with an oil or gas lease granted under such Act; (2) "permittee" as any person with a geological exploration permit under such Act; (3) "responsible party" as the owner or operator of a vessel or pipeline, or the lessee or permittee of the area of specified mobile offshore drilling units; and (4) "mobile offshore drilling unit" as any watercraft operating on the outer continental shelf (OCS) (or above submerged lands) which is capable of drilling for oil on the OCS. Permits claims against the Offshore Oil Spill Pollution Fund for voluntary removal costs which exceed the maximum liability of a responsible party by a specified amount. Extends liability for spills to owners and operators of pipelines, lessees or permittees of an area in which a pipeline is located, and holders of rights of use and easements for an offshore facility. Imposes liability on the owner and operator of a mobile offshore drilling unit for oil pollution where the source of such pollution is on or above the water's surface. States that licensees, permittees, or holders of a right of use or easement shall be liable for the amount of damages and removal costs in excess of the liability of owners and operators. Imposes liability for willful misconduct or gross negligence in connection with oil pollution incidents. Establishes dollar limits on the liability of the various parties responsible for an oil spill. Imposes liability on a responsible party where an incident is caused by the negligent or intentional act of certain contractors. Provides that indemnification, hold harmless, and other similar agreements will not transfer statutory liability of a responsible party to any other party. Revises rules for the filing of certificates of financial responsibility sufficient to satisfy the maximum potential liability. Provides that the liability of guarantors shall not exceed the aggregate amount of financial responsibility which such guarantors have provided for a responsible party.

A bill to amend the Solid Waste Disposal Act to modify the criminal sanctions applicable with respect to hazardous waste, and for other purposes.

United States · United States Congress · 5 April 1983

Amends the Solid Waste Disposal Act to provide that, for purposes of applying criminal penalties and knowing endangerment provisions, "hazardous waste" means any substance so defined by hazardous waste management regulations promulgated by the Administrator of the Environmental Protection Agency. Bars judicial review of such regulations in any criminal action under specified Federal enforcement provisions. Applies criminal penalties to any person who knowingly violates such regulations. Directs the Administrator to promulgate regulations prohibiting the delivery of hazardous waste to any transporter not having a hazardous waste transportation identification number on file with the Administrator (or with a State, where there is an authorized State hazardous waste program). Applies criminal penalties to any persons who knowingly transport, treat, store, or dispose of any hazardous waste in violation of any State or local law or ordinance. Provides that any act indictable under specified criminal penalties and knowing endangerment provisions shall be treated as racketeering activity under Federal criminal law.

projet de loi relatif à la démocratisation des enquêtes publiques et à la protection de l'environnement

France · Senate · 2 April 1983

Environmental Poisoning Victim Compensation Act

United States · United States Congress · 24 March 1983

Environmental Poisoning Victim Compensation Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act ("the Superfund Act") to revise the definition of damages under such Act to include damages for personal injury or economic loss. Provides that claims for such damages may be asserted against the Hazardous Substance Response Fund for: (1) all medical expenses; (2) limited amounts compensating individual loss of regular earnings; and (3) limited amounts as death benefits. Lowers (from 85 percent) to 50 percent the amount of the money credited to the Fund which is available only for certain purposes relating to governmental costs. Directs the President to delegate authority to settle such claims against the Fund under this Act to officials of any State which agree to provide 20 percent of the administrative costs of such a claims program and which possess specified qualifications. Sets forth the types of proof which a claimant must provide in any claim asserted against the Fund under this Act. Provides, in the case of injury or disease due to mutagenic or teratogenic effects, that "the individual on whom the claim is based" with respect to exposure to a hazardous substance, pollutant, or contaminant refers to a parent of the individual with the injury or disease. Directs the Secretary of Health and Human Services, acting through the Agency for Toxic Substances and Disease Registry, and in cooperation with the National Toxicology Program and the Administrator of the Environmental Protection Agency, to prepare Hazardous Substance Presumption Documents for particular hazardous substances, pollutants, or contaminants and their relation to injuries or diseases. Directs the Secretary, within 18 months of the enactment of this Act, to publish such documents for dioxin- and dibenzofurn-containing wastes, polychlorinated biphenyls, pesticide manufacturing wastes, pesticides whose registration has been cancelled or which are subject to a rebuttable presumption against registration, cadmium, chromium, and lead. Provides for appeals from decisions of State officials in such claims programs. Permits causes of action for subrogated rights for claims paid under such claims programs against any person liable for release of the hazardous substance and the exposure of the individual on which the claim is based, except in cases which occurred wholly prior to the enactment of this Act. Provides that no person who asserts such a claim against the Fund and receives an award may be barred from pursuing such claim or cause of action against any party or parties alleged to be responsible, under any provision of State law or specified provisions of such Act. Requires the claimant to reimburse the Fund in an amount equal to the award in any such action, up to the amount of the claim awarded against the Fund. Authorizes the court to assess litigation costs against the claimant if the award in such action does not exceed the award from the Fund by at least 25 percent. Provides for reduction of any such award from the Fund by the amount received due to such injury or disease from any benefit program or other collateral source of a public nature. Declares that each State should adopt specified changes in the procedural and substantive rules followed by State courts in actions seeking compensation for personal injury resulting from a release of a hazardous substance from a vessel or a facility. Raises (from $1,380,000,000) to $6,000.000,000 the sum of the amounts received in the Fund which must be reached for the authority to collect environmental taxes (on petroleum and certain chemicals) to be terminated before September 30, 1990.

Environmental Poisoning Compensation Act

United States · United States Congress · 24 March 1983

Environmental Poisoning Compensation Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the "Superfund Act") to extend the liability of specified owners, operators, or other responsible persons under such Act to cover any out-of-pocket medical expenses for personal injury resulting from a release of hazardous substances. Excludes liability for such medical expenses from the limitations on the amounts of liability set forth in such Act. Provides that such claims for medical expenses may be asserted against the Hazardous Substance Response Fund. Revises the definition of damages under such Act to include damages for personal injury. Lowers (from 85 percent) to 66 2/3 percent the amount of the money credited to the Fund which is to be available only for certain purposes relating to governmental and other persons' response costs and to other specified governmental costs. Raises (from $1,380,000,000) to $6,000,000,000 the sum of the amounts received in the Fund which must be reached for the authority to collect environmental taxes (on petroleum and certain chemicals) to be terminated before September 30, 1990.

Victim Compensation and Pollution Liability Act

United States · United States Congress · 24 March 1983

Victim Compensation and Pollution Liability Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act ("the Superfund Act") to revise the definition of damages under such Act to include damages for economic loss or personal injury. Revises the definition of facility to include any site or area where a pollutant or contaminant has come to be located. Deletes provisions defining a "federally permitted release" for purposes of such Act. Includes under the definition of "hazardous substance" for Superfund Act purposes any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress. Applies a specified definition of "pollutant or contaminant" to the entire Superfund Act, rather than limiting such definition's application to provisions for response authorities. Revises liability provisions of the Superfund Act to include liability for all damages for economic loss or loss due to personal injury or loss of natural resources resulting from such a discharge, release, or disposal. Replaces provisions which limit liability on the basis of degree of fault with provisions for a "no-fault" compensation system. Sets forth provisions for liability for medical expenses. Permits a court to admit as relevant to the issue of causation evidence tending to establish that the hazardous substance in question causes or contributes to injury or disease of the sort claimed to have been suffered. Sets forth provisions relating to presumption of cause. Limits certain types of recovery from the Hazardous Substance Response Fund where damages or exposure occurred wholly before specified dates. Exempts the costs of relocation of residences and provisions of alternative water supplies from such limitation. Revises recovery provisions to authorize the enforcement or other application of the liabilities and responsibility of the Superfund Act both at law and equity. Provides that payment of any claims, whether by the Fund or by a party liable under the Superfund Act, shall be limited to those filed within six years of the time of discovery by a claimant of exposure, the resulting damage, and the causal relationship between the two. Revises provisions for uses of the Fund to include: (1) costs of expert witnesses and neutral expert panels in actions to recover damages; and (2) payment of specified claims by agricultural producers or processors or by harvesters or processors of fish or seafood. Prohibits delegation of specified authorities under the Superfund Act to any officer of a Federal agency with respect to a facility or release for which such agency is or may be responsible. Doubles the amount authorized to be appropriated to the Fund for FY 1984 and 1985. Extends such authorization of appropriations through FY 1990. Makes a conforming amendment extending by five years the period to be covered by the Secretary of the Treasury's annual report to the Congress on the management of the Fund. Extends through FY 1990 the authority to collect taxes conferred by the Superfund Act. Amends the Internal Revenue Code to provide for five-year extensions of provisions for an environmental tax on petroleum. Raises the amount which the unobligated balance in the Fund must exceed for such tax to be terminated before a specified date.

Toxic Victim Compensation Act

United States · United States Congress · 24 March 1983

Toxic Victim Compensation Act - Title I: Establishment of New Cause of Action for Victims of Hazardous Substances - Makes the following persons liable for damages for specified injuries, illnesses, deaths, or losses caused by a release of a hazardous substance: (1) the owner and operator of a vessel or facility from which a hazardous substance is released; (2) a person who owned or operated a facility at which a hazardous substance was disposed and from which a hazardous substance is released when such person no longer owns or operates such facility; (3) any person who arranges for disposal or treatment, or transportation for disposal or treatment, of any hazardous substance at a facility owned by another person from which such a release occurs; and (4) any person who accepts a hazardous substance for transport to a site, selected by such person, from which such a release occurs. Includes as compensable damages: (1) the loss of use of real or personal property or natural resources without regard to ownership; and (2) any direct or indirect loss of revenue by the Federal Government or any State or local government. Exempts a defendant from such liability if he or she can establish by a preponderance of the evidence that: (1) the release of the hazardous substance was caused by an act of God, an act of War, or an act or omission of a third party who is not an agent, employee, or contractor of the defendant; (2) the defendant exercised due care with respect to the hazardous substance; or (3) the defendant took reasonable precautions against foreseeable acts of any third party and foreseeable consequences of such acts. Declares that no persons shall become exempt from liability by transferring such liability to any other person. Allows a trier of fact, in any action for damages under this Act, to find the defendant liable for punitive damages in addition to any compensatory damages, if such trier finds the conduct of the defendant demonstrated a gross and wanton disregard for public safety. Declares that this Act shall apply to any Federal agency to the same extent as it applies to any person. Provides that the plaintiff will have established a presumption that the defendant caused or significantly contributed to the injury, illness, or damage suffered by the plaintiff upon showing sufficient evidence that: (1) the plaintiff was exposed to a hazardous substance found in a discharge, release, or disposal caused or contributed to by the defendant; (2) the plaintiff's exposure to such substance would likely cause or significantly contribute to the injury, illness, or damage. Makes it the burden of the defendant to establish by a preponderance of the evidence that he or she did not cause or significantly contribute to the plaintiff's injury or illness. Sets forth the kinds of evidence which shall be considered relevant to the issue of causation of injury, illness, or damage. Designates as questions for the trier of fact the degree of culpability of, and the recovery amount due from, each defendant shown to be liable. Prohibits the commencement of any action for damages under this Act after the end of a three-year period beginning on the date the injury, illness, or damage was first known, or should reasonably have been known, to exist. Grants jurisdiction for such an action to any State court of competent jurisdiction or any Federal district court for the district in which either the plaintiff or the defendant resides, regardless of the amount in controversy. Requires an action brought against a Federal agency to be brought in a Federal district court. Prohibits any person from being denied benefits under a State's workers compensation plan for illness or injury due to a release of a hazardous substance because the person filed a claim in an untimely manner if the person filed within the period provided for filing an action for damages under this Act, regardless of whether the person's employer was responsible for such injury or illness. Declares that the presumption of cause, provided for actions for damages under this Act, shall constitute State law in any administrative or judicial proceeding under a State's workers compensation law. Title II: Department of Health and Human Services - Directs the Secretary of Health and Human Services, through the Agency for Toxic Substances and Disease Registry, to: (1) establish procedures for physician reports of cases of injury, illness, and death suspected to have resulted from hazardous substances; (2) compile data on such cases; and (3) initiate or request from other agencies support and research concerning health problems related to hazardous substances. Directs the Secretary to study and investigate whether hazardous substances have been released in specified cases, whether such release has created potential for damage, and what will be the probable extent of such damage. Directs the Secretary to: (1) publish in the Federal Register any tentative finding that the release of a hazardous substance has created the potential for injury, illness, or property damage; (2) invite and evaluate public comments concerning such finding; and (3) conduct further studies or investigations; or (4) publish his or her final determination of the risk of injury, illness, or damage created by the release. Permits a person adversely affected by the Secretary's final determination, to file a petition for judicial review of such determination within 60 days after it its publication in the Federal Register. Provides that such a determination shall be conclusive in any legal or administrative proceeding if no petition is filed within such period. Title III: Toxic Victims Compensation Board - Establishes a Toxic Victims Compensation Board, as an independent office within the Department of Health and Human Services, which shall: (1) accept applications from persons claiming to be victims of illness, injury, or property damage caused by a release of a hazardous substance; (2) certify claimants as victims upon determining that such a release caused such injury, illness, or property damage; and (3) award specified benefits to such victims for their losses. Disqualifies from entitlement to such benefits any person who intentionally causes injury or illness to himself, herself, or another person. Specifies time limits for filing application with the Board. Sets forth the procedure for certification of a victim by the Board. Grants the Board subpoena powers. Requires any person filing for certification as a victim to also file a claim for benefits, simultaneously. Permits a victim to file a supplemental claim for benefits for losses suffered after the application date. Provides for the payment of a benefit award to a person other than the victim if necessary: (1) to secure payment for alimony, maintenance, or child support; or (2) to satisfy a claim for medical benefits or reasonable attorney's fees as verified by the Board. Subrogates the Board to the rights of any victim for the full amount of such benefit payments. Grants the Board a lien in such amount upon any amount recovered by such victim in a civil action for damages under title I of this Act. Allows the Board to exercise the right of such victim to commence such an action if such victim declines to do so. Provides for the judicial review of a determination by the Board. Requires the Board to submit to the President and Congress an annual report, analyzing: (1) the operation of its duties; (2) the regulations it issued; and (3) the victims certified and benefits awarded. Title IV: Fund for Compensation of Victims of Toxic Exposure - Establishes in the Treasury a trust fund to be known as the Toxic Victims Trust Fund (TVC Fund). Requires any amounts obtained by the Toxic Victims Compensation Board as a reimbursement for benefits paid to be deposited into such Fund. Requires the transfer of moneys from the Hazardous Response Trust Fund to cover any victim benefit payment for which there are insufficient moneys in the TCV Fund. Authorizes the appropriation to the Secretary of the Treasury of such amounts as may be necessary for loans to the TCV Fund to pay benefits exceeding amounts available in the TCV Fund and in the Hazardous Substance Response Trust Fund. Makes a conforming amendment to the Hazardous Substance Response Revenue Act of 1980.

Environmental Protection Act of 1983

United States · United States Congress · 24 March 1983

Environmental Protection Act of 1983 - Title I: Findings and Purposes - Declares that the existing governmental entities charged with preventing air, water, and land pollution have not adequately protected the environment. States the purpose of this Act to be to protect Americans against adverse effects of environmental changes through the establishment of a multimember independent regulatory commission. Title II: Establishment of Commission - Establishes the Environmental Protection Commission as an independent regulatory commission to be composed of five members appointed by the President with the Senate's approval. Sets forth provisions governing the members, officers, powers, and functions of the Commission and the functions of the Chairman of the Commission. Directs the Science Advisory Board to provide such scientific advice as the Commission may request. Sets forth guidelines for the nomination, selection, and appointment by the Chairman of an individual to fill any vacancy on the Board. Requires the Chairman to issue regulations regarding conflicts of interest with respect to members of the Board. Title III: Transfer of Functions - Transfers to the Commission all functions, not otherwise transferred by this Act, of: (1) the Environmental Protection Agency; and (2) the Secretary of the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act. Title IV: Administrative Provisions - Part A: Personnel Provisions - Provides for the appointment and compensation of Commission officers and employees and the procurement and compensation of experts and consultants. Part B: General Administrative Provisions - Sets forth provisions governing the authority of the Commission to: (1) exercise transferred functions; (2) delegate functions to its officers and employees; (3) reallocate functions among its offices and reorganize its structure; (4) enter into and perform contracts; and (5) promulgate rules. Requires the Commission, for each proposed action to promulgate or revise a rule, to: (1) establish and make available to the public a rulemaking docket containing the comments and certain documentary information concerning each rule; (2) publish a notice of the proposed action which shall include a statement of the purpose and basis of the rule and the period available for public comment; (3) allow any person to present oral or written data on the rule during the comment period; and (4) keep the record of the rulemaking open for 30 days after completion of the proceeding to provide for submission of rebuttal or supplementary information. Requires the promulgated rule to be accompanied by: (1) a statement of its basis and purpose; (2) a justification of major changes to the rule as proposed; and (3) a response to significant data submitted during the comment period. Provides for the judicial review of such rules. Authorizes a six-month extension of a statutory deadline for the promulgation of such a rule if such extension is necessary to afford the public and the agency adequate opportunity to carry out rulemaking requirements. Authorizes the Commission to: (1) establish, alter, discontinue, or maintain regional and other field offices as necessary; (2) acquire and maintain schools, research and training facilities, and accommodation as may be necessary for employees; (3) establish eating facilities for employees at its installations; (4) provide certain facilities, services, and supplies for employees at remote locations; (5) use the resources of Federal, State, local, and foreign instrumentalities with their consent; (6) permit public and private organizations to use its facilities for Commission purposes; (7) acquire copyrights, patents, applications for patents, licenses under copyrights and patents, and releases for past patent or copyright infringement; (8) accept and use gifts, bequests, and devises of property; (9) provide advice and technical assistance related to its functions; (10) establish a working capital fund; and (11) transfer funds among Commission appropriations, with certain limitations. Directs the Commission to procure a seal of office. Requires the Commission to submit to the President and Congress at the beginning of each regular session of Congress a comprehensive report on the administration of its functions. Requires that such report include: (1) an appraisal of the incidence of health and other effects to the population resulting from environmental causes; (2) an evaluation of the degree of observance of environmental rules; (3) a summary of outstanding problems confronting the Commission; and (4) specified information on voluntary environmental standards developed with the Commission's assistance. Title V: Transitional, Savings, and Conforming Provisions - Sets forth provisions governing the transfer and allocation of personnel, appropriations, and other resources transferred to the Commission under this Act. Terminates the Environmental Protection Agency and positions in such Agency which were expressly authorized by law or compensated at an Executive Schedule pay rate. Declares that this Act shall have no effect on orders issued, determinations made, proceedings pending, or civil actions commenced before its enactment. Provides that statutory requirements for notice, hearings, and administrative or judicial review applicable to functions transferred by this Act shall continue to apply to such functions. Title VI: Effective Date and Interim Appointments - Sets forth the effective date of this Act. Provides that funds available to any agency the functions of which are transferred by this Act may, with the approval of the Director of the Office of Management and Budget, be used to pay the compensation of interim officers and other expenses of establishing the Commission or transfering functions until funds for such expenses are otherwise available. Authorizes the President to designate an officer on the executive branch to act as a Commission officer for 120 days or until such office is filled, whichever occurs first.

Comprehensive Oil Pollution Liability and Compensation Act

United States · United States Congress · 24 March 1983

Comprehensive Oil Pollution Liability and Compensation Act - Title I: Oil Pollution Liability and Compensation - Makes this title effective only until both the International Convention on Civil Liability for Oil Pollution Damage and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage are in force with respect to the United States, at which point liability and compensation for damages arising out of or directly resulting from oil pollution shall be determined in accordance with such conventions. Permits claims for damages for economic loss, arising from oil pollution, to be asserted for: (1) removal costs; (2) injury to or destruction of natural resources; (3) injury to, destruction of, or loss of use of, real or personal property; (4) loss of subsistence use of natural resources; (5) loss of profits or impairment of earning capacity due to such injury or destruction; and (6) loss of tax revenue for a period of one year due to injury to real or personal property. Specifies the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several and strict liability on the party responsible for the source of pollution. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships and structures used to transport, drill for, produce, store, or handle oil. Requires the responsible party for vessels over 300 tons (including foreign vessels) and the party responsible for offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Limits the liability of a guarantor to the aggregate amount of financial responsibility that the guarantor provided. Specifies procedures whereby the Secretary shall designate and advertise pollution sources. Directs the Trust Fund to advertise claims to be presented initially to the responsible party, or to such person's guarantor, in instances in which: (1) the responsible party and guarantor both deny involvement; (2) the source of the discharge is a public vessel; or (3) the Trust Fund is unable to designate the pollution source. Permits claimants either to present a claim to the Fund or to bring an action in an appropriate U.S. court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the Fund. Requires both the plaintiff and the defendant in a court action brought against a responsible party or guarantor to forward copies of all pleadings to the Fund. Permits the Fund to intervene in such actions. Requires a claim to be presented within three years of discovery of an economic loss, or within six years of the date of the incident, whichever is earlier. Subrogates any person, including the Fund, to all the claimant's claims and rights under this title. Sets forth the measure of recovery for actions brought by the Fund against any responsible party or guarantor. Grants U.S. district courts exclusive original jurisdiction over all controversies arising under this title, without regard to the citizenship of the parties or the amount in controversy. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment). Sets penalties for persons failing to comply with specified provisions in this Act. Authorizes appropriations for this title. Title II: Comprehensive Oil Pollution Liability Trust Fund - Establishes the Comprehensive Oil Pollution Liability Trust Fund as a nonprofit corporate entity which shall be administered by a Board of Directors appointed by the Secretary of Transportation. Requires a fee of 1.3 cents a barrel to be paid into the Trust Fund by the owner of: (1) oil received at a refinery in the United States; (2) oil entered into the United States for consumption, use, or warehousing; and (3) oil produced from a well located in the United States which is used in or exported from the United States. Requires payment of the fee only when the amount in the Trust Fund is less than $100,000,000. Makes the Trust Fund available for: (1) the payment of claims under title I of this Act; (2) the costs of administering the Trust Fund; and (3) the payment of initial and annual contributions to the International Fund for Compensation for Oil Pollution Damage. Prohibits payment of any claim, other than a claim for removal costs, if payment would reduce the amount in the Trust Fund below $30,000,000. Limits the liability of the Trust Fund with respect to any one incident to a maximum of $100,000,000. Authorizes the Fund to borrow in order to satisfy a claim. Directs the Comptroller General to conduct an annual audit of the Trust Fund. Provides that, if the balance in any fund is to be transferred to the Trust Fund, then any claim arising before October 1, 1984, which would have been payable out of the transferor fund shall be payable out of the Trust Fund. Provides that if the Secretary of the Treasury determines that there is a Trans-Alaska Pipeline (TAP) fund deficit, then the 1.3 cent fee on such crude oil shall be increased by two cents per barrel until the total amount of such increased tax equals such deficit. Defines a TAP fund deficit. Sets forth definitions and special rules. Title III: Effective Dates and Conforming Amendments - Specifies the effective dates of specified provisions of this Act. Provides that all unused assets of the Trans-Alaska Pipeline Liability Fund shall be rebated directly to the operator of the trans-Alaska oil pipeline for pro-rata payments to those owners who had paid into the Fund. Amends specified laws, including the Trans-Alaska Pipeline Authorization Act, the Federal Water Pollution Control Act, the Deepwater Port Act of 1974, and the Outer Continental Shelf Lands Act Amendments of 1974, to conform with the provisions of this Act.

Clean Water Compliance Date Extension Act

United States · United States Congress · 23 March 1983

Clean Water Compliance Date Extension Act - Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to extend the compliance dates for specified point source effluent limitations involving: (1) best available technology for toxic and conventional pollutants; (2) best practicable technology, in guidelines promulgated after January 1, 1982; or (3) permits issued after January 1, 1982, based on best engineering judgment for pollutants for which guidelines have not been established. Allows such deadlines to be extended to the later of July 1, 1986, or 36 months after the establishment of such effluent limitation or permit issuance. Authorizes the Administrator of the Environmental Protection Agency or the State to extend such compliance until an appropriate time no later than the later of December 31, 1986, or the last day of the 42-month period beginning on the date of such establishment, upon satisfactory showings by point source owners or operators that they will be unable to comply with deadlines under this Act due to circumstances beyond their control and despite their good faith efforts.

Acid Deposition Reporting Act of 1983

United States · United States Congress · 22 March 1983

Acid Deposition Reporting Act of 1983 - Directs the National Weather Service of the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce to issue periodic reports describing the acid content in both precipitation and dry deposition throughout the United States. Sets deadlines and priorities for such reports. Authorizes the Administrator of NOAA to reimburse other public or private entities for costs of data collection for such reports in areas where the NOAA does not presently collect such data. Directs the Administrator to report annually to the Congress on the implementation of this Act, within 90 days of the previous calendar year, beginning in 1985. Directs the Administrator to promulgate rules and regulations to carry out this Act. Authorizes appropriations for FY 1984 through 1987 to carry out specified provisions of this Act.

Comprehensive Oil Pollution Liability and Compensation Act

United States · United States Congress · 21 March 1983

Comprehensive Oil Pollution Liability and Compensation Act - Title I: Oil Pollution Liability and Compensation - Makes this title effective only until both the International Convention on Civil Liability for Oil Pollution Damage and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage are in force with respect to the United States, at which point liability and compensation for damages arising out of or directly resulting from oil pollution shall be determined in accordance with such conventions. Permits claims for damages for economic loss, arising from oil pollution, to be asserted for: (1) removal costs; (2) injury to or destruction of natural resources; (3) injury to, or destruction of, real or personal property; (4) loss of subsistence use of natural resources; (5) loss of profits or impairment of earning capacity due to such injury or destruction; and (6) loss of tax revenue for a period of one year due to injury to real or personal property. Specifies the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several and strict liability on the party responsible for the source of pollution. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships, deepwater ports, and other facilities. Requires the responsible party for vessels over 300 tons (including foreign vessels) and the party responsible for offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Limits the liability of a guarantor to the aggregate amount of financial responsibility that the guarantor provided. Specifies procedures whereby the Secretary shall designate and advertise pollution sources. Directs the Secretary to advertise claims to be presented initially to the responsible party or to such person's guarantor, in instances in which: (1) the responsible party and guarantor both deny involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary of Transportation is unable to designate the pollution source. Permits claimants either to present a claim to the Fund or to bring an action in an appropriate U.S. court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the Fund. Requires both the plaintiff and the defendant in a court action brought against a responsible party or guarantor to forward copies of all pleadings to the Fund. Permits the Fund to intervene in such actions. Requires a claim to be presented within three years of discovery of an economic loss, or within six years of the date of the incident, whichever is earlier. Subrogates any person, including the Fund, to all the claimant's claims and rights under this title. Sets forth the measure of recovery for actions brought by the Fund against any responsible party or guarantor. Grants U.S. district courts exclusive original jurisdiction over all controversies arising under this title, without regard to the citizenship of the parties or the amount in controversy. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment). Sets penalties for persons failing to comply with specified provisions in this Act. Authorizes appropriations for this title. Title II: Fund and Tax - Establishes the Comprehensive Oil Pollution Liability Trust Fund in the Treasury. Transfers to the Fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the petroleum excise tax; (2) the amounts recovered or collected on behalf of such Fund under title I of this Act; and (3) any penalties imposed under title I of this Act or under the oil and hazardous substances liability provisions of the Federal Water Pollution Control Act (insofar as these relate to petroleum oils). Makes amounts in the Fund available only to pay claims for compensable damages recognizable under title I of this Act (including costs incurred by the United States by reason of such claims). Defines "compensable damages" for purposes of the Act. Restricts interest payable out of the Fund. Provides for certain interfund loans, under specified conditions. Directs the Secretary of the Treasury to consult with the Secretary of Transportation, and with the Administrator of the Environmental Protection Agency, in the case of the Hazardous Substance Trust Fund, concerning such interfund loans. Limits payment of claims by the Fund by requiring a minimum balance of at least $15,000,000 in the Fund. States that claims are to be paid in the order in which they were finally determined. Limits U.S. liability for payment of claims under this Act to the amounts in the Funds established under this title. Prohibits the funds from borrowing any money from the general fund of the Treasury, other than an amount not to exceed $75,000,000, and only until September 30, 1985. Sets forth administrative provisions for the Fund, including methods of transfer, management, and investment. Coordinates this title with other provisions in this Act. Provides that, if the balance in any fund is to be transferred to the Fund, then any claim arising before October 1, 1984, which would have been payable out of the transferor fund shall be payable out of the Fund. Provides that if the Secretary of the Treasury determines that there is a Trans- Alaska Pipeline (TAP) fund deficit, then the petroleum excise tax on such crude oil shall be increased by two cents per barrel until the total amount of such increased tax equals such deficit. Defines a TAP fund deficit. Amends the Internal Revenue Code of 1954 to increase the environmental excise tax on petroleum by 1.3 cents per barrel. Terminates the 1.3 cents tax after September 30, 1990. Title III: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, the Intervention on the High Seas Act, the Outer Continental Shelf Lands Act Amendments of 1978 and the Trans-Alaska Pipeline Authorization Act, to conform with the provisions of this Act. Provides that all unused assets of the Trans-Alaska Pipeline Liability Fund shall be rebated directly to the operator of the trans-Alaska oil pipeline for pro-rata payments to those owners who had paid into the Fund.

Hazardous Substances Response Act of 1983

United States · United States Congress · 18 March 1983

Hazardous Substances Response Act of 1983 - Title I: Hazardous Waste Response Revenue - Amends the Internal Revenue Code to revise the miscellaneous excise tax provisions for environmental taxes to add a tax on the generation of hazardous wastes. Imposes such tax on the generation of hazardous wastes that, after the effective date of this Act, are transported, disposed of, or placed in storage for a period of more than one year. Sets forth the amount of such taxes through FY 1990, based on the degree of hazard of the waste and the safety of the method of disposal, storage, or transportation. Doubles such amounts for FY 1991 through 1995. Makes the generator of the hazardous wastes liable to pay such taxes. Requires assessment of such taxes with respect to every taxable transportation, storage, or disposal of hazardous wastes, whether or not previously imposed on the same quantity of hazardous wastes. Provides for taxation of fractional parts of tons and distances. Terminates such taxes after September 30, 1995. Directs the Administrator of the Environmental Protection Agency, before July 31, 1985, to notify the Secretary of the Treasury, and publish in the Federal Register, a classification of all listed hazardous wastes and their residues wastes as: (1) extremely hazardous waste; (2) highly hazardous waste; or (3) nontoxic hazardous waste. Directs the Administrator to notify the Secretary and publish such classification simultaneously with any listing of a substance as hazardous waste after such date. Requires public notice and opportunity for hearing prior to such classification. Sets forth criteria for the three classifications of hazardous wastes. Requires that all hazardous wastes and their known residues be classified. Requires that any hazardous waste or residue not otherwise classified by the Administrator shall be considered to be highly hazardous waste. Sets forth requirements for records, statement, and returns relating to such taxes. Makes such taxes on generation of hazardous wastes effective on October 1, 1985. Title II: Hazardous Substances Response Trust Fund - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("the Superfund Act") to revise provisions for audits by each Inspector General of each department or agency delegated responsibility to obligate money in the Hazardous Substance Response Trust Fund. Directs each such Inspector General to report annually to the President and the Congress on such auditing of the Fund and to specifically identify any improper uses of the Fund. Provides for reimbursement to the Fund for any improper expenditures. Provides that revenues from the tax on generation of hazardous wastes shall be transferred to the Fund. Extends through FY 1995 the authorization of appropriations for the Fund. Increases the yearly amount of such authorization of appropriations for FY 1986 through 1995 (above the yearly amount currently authorized through FY 1985). Authorizes the President to make grants to States to cover all or a portion of the costs of establishing and implementing: (1) authorized State hazardous waste programs, in accordance with specified provisions of the Solid Waste Disposal Act; and (2) State programs to perform specified types of activities described in provisions for the use of the Fund with regard to releases or threats of releases of hazardous substances in the environment. Limits the amount which may be so granted to States in any fiscal year. Authorizes the President to designate a Federal official to implement the responsibilities given the President by such provisions for grants to State hazardous waste programs.

A bill to amend the Federal Water Pollution Control Act concerning local pretreatment programs for introduction of pollutants into publicly owned treatment works.

United States · United States Congress · 18 March 1983

Amends the Federal Water Pollution Control Act to permit owners or operators of publicly owned treatment works not to enforce pretreatment standards developed by the Administrator of the Environmental Protection Agency (EPA) if: (1) an EPA-approved local pretreatment program has standards in effect for introduction of pollutants which are not susceptible to treatment by, or would interfere with the operation of, such treatment works; and (2) the discharge from such treatment works under such local pretreatment program does not violate applicable effluent limitations under such Act.

A bill to extend the Superfund legislation for five additional years, and for other purposes.

United States · United States Congress · 16 March 1983

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("Superfund") to extend the authorization of appropriations to the Hazardous Substance Response Trust Fund ("Response Trust Fund") for five additional years, through FY 1990. Provides that so much of the aggregate amount authorized to be appropriated from FY 1985 through 1989 as has not been appropriated before FY 1990 shall be added to the specified amount authorized to be appropriated for FY 1990. Makes a conforming amendment extending by five years the period to be covered by the Secretary of the Treasury's annual report to the Congress on the management of the Response Trust Fund. Extends the authority to collect taxes conferred by such Act through FY 1990. Amends the Internal Revenue Code to provide for five-year extensions of provisions for an environmental tax on petroleum.

Comprehensive Oil Pollution Liability and Compensation Act

United States · United States Congress · 16 March 1983

Comprehensive Oil Pollution Liability and Compensation Act - Title I: Oil Pollution Liability and Compensation - Provides that, in addition to the processing and settlement of claims, the Comprehensive Oil Pollution Liability Trust Fund (Fund), established in title II of this Act, is immediately available to pay specified removal costs arising out of an oil pollution incident. Authorizes the Secretary of Transportation to issue regulations designating the person or persons who may obligate available money in the Fund for such purposes. Permits claims for damages for economic loss to be asserted for: (1) removal costs; (2) injury to, or destruction of, natural resources; (3) injury to, or destruction of, real or personal property; and (4) loss of profits or impaired earning capacity due to such injury or destruction. Specifies the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several, and strict liability on owners and the operators of each pollution source. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships, deepwater ports, and other facilities. Requires owners or operators of vessels over 300 tons (including foreign vessels) and owners or operators of offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Permits any owner or operator of more than one vessel or offshore facility to establish financial responsibility only to meet the maximum liability of the largest of such vessels or facilities. Provides for the enforcement of such financial responsibility requirements. States, in the case of an owner who is the holder of a leasehold interest or permit for the exploration of oil offshore, that evidence of financial responsibility established for the leasehold shall cover such owner for all facilities located on the leasehold. Provides that where an offshore facility is owned or operated by more than one person, evidence of financial responsibility may be established by any one of the owners or operators or in consolidated form. Limits the total liability of any guarantor, under this title, to the aggregate amount which such guarantor has provided as evidence of financial responsibility (except to an owner or operator for whom evidence of financial responsibility is provided by the guarantor for negotiating, or failing to negotiate, in bad faith a settlement of any claim). Specifies procedures whereby the Secretary shall designate and advertise pollution sources. Directs the Secretary to advertise claims to be presented initially to the owner or operator, or to such person's guarantor, in instances in which: (1) the owner and the operator of a vessel or facility designated by the Secretary deny such vessel's or facility's involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source. Permits claimants either to present a claim to the Fund or to bring an action in an appropriate U.S. court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the Fund. Requires both the plaintiff and the defendant in a court action brought against an owner, operator, or guarantor to forward copies of all pleadings to the Fund. Permits the Fund to intervene in such actions. Requires a claim to be presented within three years of discovery of an economic loss, or within six years of the date of the incident, whichever is earlier. Subrogates any person or Government entity paying compensation, including the Fund, to all the claimant's claims and rights under this Act. Specifies procedures for and the measure of recovery in actions brought by the Fund against owners, operators, or guarantors of alleged pollution sources. Grants U.S. district courts exclusive original jurisdiction over all controversies arising under this title, without regard to the citizenship of the parties or the amount in controversy. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment). Sets penalties for persons failing to comply with specified provisions in this Act. Authorizes appropriations for this title. Directs the Secretary to submit an annual report to Congress on the administration of this title. Title II: Fund and Tax - Establishes the Comprehensive Oil Pollution Liability Trust Fund in the Treasury. Appropriates to the Fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the petroleum excise tax; (2) the amounts recovered or collected on behalf of such Fund under title I of this Act; and (3) any penalties imposed under title I of this Act or under the oil and hazardous substances liability provisions of the Federal Water Pollution Control Act (insofar as these relate to petroleum oils). Makes amounts in the Fund available only to pay claims for compensable damages recognizable under title I of this Act (including costs incurred by the United States by reason of such claims). Restricts interest payable out of the Fund. Limits payment of claims by the Fund by requiring a minimum balance of at least $30,000,000 in the Fund. States that claims are to be paid in the order in which they were finally determined. Limits U.S. liability for payment of claims under this Act to the amounts in the Funds established under this title. Prohibits the Fund from borrowing any money from the general fund of the Treasury, other than an amount not to exceed $75,000,000, and only until September 30, 1985. Sets forth administrative provisions for the Fund, including methods of transfer, management, and investment. Coordinates this title with other provisions in this Act. Provides that nothing in this Act other than this title shall authorize: (1) the establishment of a fund; (2) the payment out of the fund created by this title; (3) the levy or collection of any fee; or (4) the imposition of any requirement with respect to the procedure applicable to rules and regulations prescribed under this title. Provides that, to the extent not inconsistent with this title, any reference in title I of this Act to a fund shall be deemed to refer to the Fund. Provides that, if the balance in any fund is to be transferred to the Fund, then any claim arising before October 1, 1984, which would have been payable out of the other fund shall be payable out of the Fund. Provides that if the Secretary of the Treasury determines that there is a Trans-Alaska Pipeline (TAP) fund deficit, the petroleum excise tax on such crude oil shall be increased by two cents per barrel until the total amount of such increased tax equals such deficit. Defines a TAP fund deficit. Amends the Internal Revenue Code of 1954 to provide for environmental excise taxes on crude oil and petroleum products. Imposes an excise tax (the "petroleum tax"), until September 30, 1986, of 1.3 cents a barrel on: (1) crude oil received at a U.S. refinery, to be paid by the operator; (2) petroleum products entered into the United States for consumption, use, or warehousing, to be paid by the person entering such product; and (3) any domestic crude oil used in or exported from the United States which has not been taxed under (1), to be paid by the person using or exporting such crude oil. Exempts from such tax, domestic crude oil used, on the premises where it was produced, for extracting oil or natural gas. Defines "crude oil," "petroleum product," and "United States" for purposes of the Act. Provides that only one such petroleum tax shall be imposed on any petroleum product. Title III: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, the Intervention on the High Seas Act, the Outer Continental Shelf Lands Act Amendments of 1978, and the Trans-Alaska Pipeline Authorization Act, to conform with the provisions of this Act. Provides that all unused assets of the Trans-Alaska Pipeline Liability Fund shall be rebated directly to the operator of the trans-Alaska oil pipeline for pro-rata payments to those owners who had paid into the Fund. Amends the Federal Water Pollution Control Act to provide that the Secretary of the Army shall make any determination with respect to specified provisions applying to certain navigable waters.

A joint resolution to provide for the designation of the week beginning on June 5, 1983, as "National Garden Week".

United States · United States Congress · 14 March 1983

Designates the week beginning June 5, 1983, as National Garden Week.

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to require the Administrator of the Environmental Protection Agency to maintain a facility for the biological testing of pesticides under such Act.

United States · United States Congress · 11 March 1983

Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to maintain a biological pesticide testing facility. Requires such facility to verify pesticide application data and conduct periodic compliance tests.

Solid Waste Disposal Act Amendments of 1983

United States · United States Congress · 10 March 1983

Solid Waste Disposal Act Amendments of 1983 - Amends the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to authorize appropriations for FY 1983 through 1987 for: (1) general administration by the Administrator of the Environmental Protection Agency to carry out such Act (including funds for Resource Recovery and Conservation Panels, hazardous waste management, and support for State, regional, local, and interstate agency solid waste plans); and (2) grants to State hazardous waste programs. Sets forth provisions for regulation and study of hazardous waste from small quantity (less than 1,000 kilograms per month) generators. Requires compliance with applicable rules promulgated by the Secretary of Transportation under the Hazardous Materials Transportation Act by each generator of hazardous waste identified on the basis of ignitability, reactivity, or corrosivity or listed under specified hazardous waste management provisions which generates such wastes during any calendar month in a total quantity less than 1,000 kilograms, when such waste is transported off the premises on which it is generated. Requires, if such rules are not applicable, that: (1) the generator notify the transporter of specified information; and (2) such wastes be placed in suitable, sound, nonleaking containers according to specified criteria. Exempts from such requirements: (1) empty containers of less than one barrel in volume; and (2) waste transported for actual reuse, rerefining, or materials recovery. Exempts generators subject to such requirements from additional manifesting, recordkeeping, or reporting requirements beyond those in regulations promulgated prior to January 1, 1983, or except as required for a study under this Act. Requires transporters of wastes subject to such small quantity generator requirements to provide the operator of any treatment, storage, or disposal facility to which such waste is delivered with a notice containing the same specified information which the generator is required to supply to the transporter. Exempts such transporters from requirements to notify governmental authorities, beyond requirements in regulations promulgated prior to January 1, 1983, or except as required for a study under this Act or as provided in State or local law. Requires, until regulations based on a study are promulgated within three years after enactment of this Act, that any small quantity generator hazardous waste, which is not delivered to a hazardous waste treatment, storage, or disposal facility with a permit, be disposed of only in a facility which meets specified criteria for sanitary landfills and solid waste management. Directs the Administrator, within 30 months after enactment of this Act, to promulgate revisions of such criteria to take into account the potential receipt by such facilities of hazardous waste in household waste and from small quantity generators, as may be necessary to protect human health and the environment. Modifies standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities to provide for onsite storage of small quantity generator hazardous waste for up to 180 days without a permit. Declares that provisions for small quantity generator hazardous waste under this Act do not affect, modify, or render invalid any applicable requirements in regulations promulgated prior to January 1, 1983. Requires that any additional acute hazardous waste listed after such date shall be subject to all regulations applicable to acutely hazardous wastes. Directs the Administrator, in cooperation with the States, to study small quantity generator hazardous wastes. Authorizes the Administrator to require necessary information from such generators. Sets forth requirements for such study, including submission to the Congress within two years after enactment of this Act. Directs the Administrator, based upon such study and other available information, to promulgate, within three years after enactment of this Act, additional regulations for small quantity generator hazardous waste as may be necessary to protect human health and the environment. Sets forth guidelines for such regulations. Sets forth land disposal limitations. Directs the Administrator, within 12 months after enactment of this Act, to promulgate (and from time to time thereafter revise to add additional wastes) regulations prohibiting the disposal on or into land of specified identified or listed hazardous wastes through one or more methods of land disposal. Directs the Administrator to specify each hazardous waste for which one or more methods of land disposal may not be protective of human health and the environment, based on persistence, toxicity, mobility, and propensity to bioaccumulate. Directs the Administrator, in promulgating such regulations, to consider each hazardous waste: (1) which is prohibited from land disposal by any State; (2) which contains significant concentrations of halogenated organic compounds; or (3) on which any State or interested person petitions for such a prohibition. Makes such prohibitions effective on promulgation, unless the Administrator establishes another effective date, no later than two years after promulgation, on the basis of the earliest date on which an alternative treatment, recovery, or disposal method which protects human health and the environment will be technologically feasible. Establishes requirements with respect to liquids in landfills. Directs the Administrator, within one year after enactment of this Act, to promulgate final regulations which minimize the disposal of liquid hazardous waste in landfills. Directs the Administrator to maintain current requirements respecting landfill disposal of liquid hazardous waste and free liquids contained in hazardous waste, prior to promulgation of such regulations. Requires any new, replacement, or laterally expanded unit of a landfill or surface impoundment operating under an interim status permit to be subject to requirements respecting liners and leachate collection systems or equivalent protection applicable to facilities for which a final permit is issued. Directs the Administrator, when evaluating a petition to exclude a waste generated at a particular facility from being regulated as a hazardous waste, to consider criteria, constituents, or other related factors other than those for which the waste was listed. Requires notice and opportunity for public hearing before such a petition is granted or denied. Sets time limits on the temporary granting of such petitions prior to enactment of this Act without the opportunity for public comment and the full consideration of such comment. Requires that such petitions be accompanied by adequate information for evaluation, including information on samples of such waste determined to be representative on the basis of guidelines published by the Administrator. Requires that such information be certified by a responsible corporate official of the facility to be accurate, complete, and representative within the knowledge of employees or contractors of such facility. Directs the Administrator, within six months after the enactment date of this Act, to submit to the Congress a workplan: (1) for developing regulations identifying additional characteristics of hazardous waste, including measures or indicators for toxicity; (2) identifying those particular wastes on which the Agency intends to decide whether to list as a hazardous waste within two years after such enactment date, and those to be decided upon within five years after such date; and (3) developed by the National Toxicology Program in cooperation with the Administrator, evaluating the feasibility of determining whether the presence of certain constituents (such as known carcinogens, mutagens, or teratogens) at levels substantially excess of levels commonly agreed to affect health may cause wastes to be hazardous per se. Directs the Administrator, within six months after the enactment date of this Act, to promulgate regulations listing dioxin- and dibenzofuran - containing wastes as hazardous wastes. Directs the Administrator, within two years after the enactment date of this Act, to: (1) promulgate regulations identifying additional characteristics of hazardous waste; (2) reach decisions on all wastes identified for decision within two years and for each such waste either promulgate regulations listing such particular hazardous waste or publish a statement as to why such waste should not be so listed; and (3) report to the Congress on progress in evaluating the feasibility of determining whether health-threatening levels of certain constituents may cause wastes to be hazardous per se. Directs the Administrator: (1) within six months after the enactment date of this Act, to determine the appropriateness of using the extraction procedure toxicity characteristic for evaluating such petitions; and (2) within two years of such enactment date, to make necessary improvements in the procedure to predict more accurately the leaching potential of wastes. Requires, within 12 months after enactment of this Act, notification to the Administrator by: (1) the owner or operator of any facility producing a fuel from any hazardous waste alone or with other material or from used oil alone or with other material; (2) the owner or operator of any facility (other than a single or two-family residence) burning fuel containing any hazardous waste or used oil; and (3) any person who distributes or markets fuel containing hazardous waste or used oil. Requires that such notification describe the location, the facility, the identified or listed hazardous waste involved, and the production or energy recovery activity. Exempts facilities, such as residential boilers, from such notification requirements where the Administrator determines that such notification is not necessary for obtaining sufficient information respecting current practices of facilities using hazardous waste for energy recovery. Directs the Administrator, within two years after the enactment of this Act, to promulgate regulations establishing health and environmental standards applicable to owners or operators of facilities producing fuel from hazardous wastes or burning hazardous wastes for energy recovery and to distributors or marketers of such fuels. Exempts from such requirements, and from labeling and other specified requirements, petroleum refinery wastes containing oil which are converted into petroleum coke at the same facility at which such wastes were generated, unless the resulting coke product would exceed one or more characteristic by which a substance would be identified as a hazardous waste. Prohibits producers, distributors, or marketers of fuels containing hazardous wastes to distribute or market such fuels unless the invoice or bill of sale bears a conspicuous warning and lists the hazardous wastes contained in such fuel. Directs the Administrator, within 12 months after the enactment of this Act, to promulgate regulations requiring that any person who is required to file a notification in accordance with provisions for burning and blending hazardous wastes must maintain such records regarding fuel blending, distribution, or use as may be necessary to protect human health and the environment. Sets forth provisions for mandatory inspections at least every two years, beginning 12 months after enactment of this Act, at every facility for the treatment, storage, or disposal of hazardous waste for which a permit is required. Directs the Administrator, after notice and opportunity for public comment, promulgate the minimum frequency and manner of such inspections and maintenance of inspection records. Authorizes the Administrator to distinguish between classes and categories of facilities commensurate with the risks posed. Directs the Administrator, within six months after enactment of this Act, to report to the Congress on the potential for such inspections by nongovernmental officers as a supplement to EPA or State inspections. Directs the Administrator to report at least biennially to the Congress and the President on the quantities and types of hazardous wastes generated, stored, treated, and disposed of. Requires compilation and updating of such information. Requires States with authorized programs to make available annual reports they have received to assist in preparation of such biennial report. Requires the first such report to cover calendar year 1983 and be transmitted to the Congress by September 30, 1984. Makes specified inspection authority available to implement such report provisions. Revises provisions for citizen suits to provide that only the prevailing or substantially prevailing party may be awarded litigation costs. Revises provisions for judicial review of final regulations and certain petitions and of the Administrator's actions with regard to specified permits and authorizations. Declares the intention that adequate provision be given to the present and future needs of the recycling and resource recovery interest, within the area encompassed by the comprehensive planning process, in determining the size of waste-to-energy facilities. Exempts from specified standards and permit requirements for treating, storing, or disposing of hazardous wastes any resource recovery facility recovering energy from the mass burning of municipal solid waste which: (1) receives and burns only household waste and solid waste from commercial or industrial sources that does not contain identified or listed hazardous waste; and (2) does not accept identified or listed hazardous wastes; and (3) whose owner or operator has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received or burned there. Makes technical corrections.

Clean Air Act Amendments of 1984

United States · United States Congress · 10 March 1983

Clean Air Act Amendments of 1983 - Amends the Clean Air Act ("the Act"). Title I: Amendments Relating Primarily to Stationary Sources - Amends title I of the Act (Air Pollution Prevention and Control). Indian Tribes - Amends the definition of "air pollution control agency" to provide that any single agency designated by the tribal governing body of a federally recognized Indian tribe shall be eligible for grants for support of air pollution planning and control programs within an Indian reservation. Provides that specified funding level requirements for such grants to other agencies in each State shall not apply to grants to tribal agencies. Information for Technology Requirements - Directs the Administrator of the Environmental Protection Agency (EPA) to make available to State agencies administering permit programs, and to other interested persons, guidance documents to assist such agencies in implementing requirements regarding: (1) best available control technology (BACT) for proposed new and modified major stationary sources; and (2) reasonably available control technology (RACT) for existing sources. Requires publication of such documents within one year after enactment of this Act and updating every year thereafter. Requires that such documents describe, in detail and with specified distinctions, BACT and RACT determinations made by the Administrator and State air pollution control agencies. Secondary Ambient Air Quality Standards - Makes a technical revision of requirements for national secondary ambient air quality standards (secondary NAAQS). Implementation Plan Revisions - Directs the Administrator to announce a 60-day public comment period after receipt of any State implementation plan (SIP) revision. Provides for automatic approval of SIP revisions if the Administrator does not disapprove the revision within 120 days after the end of such public comment period. Authorizes the Administrator to extend the disapproval deadline for 60 days if the State submits additional information after the close of the public comment period. Directs the Administrator, within the 120-day period after the close of the public comment period to: (1) review any objections filed during the public comment period which were also filed during State proceedings; and (2) either disapprove or determine not to disapprove the revision based on such review. New Source Permits and Operating Permits - Revises SIP requirements relating to new source permits and operating permits. Provides that a modification of an existing source shall be subject to a new source review only if such modification increases emissions or potential emissions by 100 tons or more per year (the same level as that which applies to new sources). Prohibits the Administrator from requiring major stationary sources which comply with BACT requirements to adopt more stringent emission limitation or standard during the ten-year period after the new source permit is issued, except in cases of previously unregulated pollutants or hazardous pollutants or public health emergencies. Prohibits the Administrator from requiring a proposed major emitting facility to comply with any administrative or procedural requirements for permit issuance or emissions calculation which are adopted or modified after the date on which the permit application has been deemed complete, until final action on such application. Allows a State to adopt a program for establishing or modifying emission limitations and schedules and timetables for compliance for all or any class of sources in such State, through operating permits, general source-specific regulations, or other means. Excludes from coverage under such State program emission limitations established for a new source by a State pursuant to specified provisions relating to new source performance standards, national emission standards for hazardous pollutants, prevention of significant deterioration of air quality, and nonattainment areas. Sets forth requirements for any such State program. Provides for EPA review of: (1) any new or modified emission limitation which involves a potential net increase in emissions of 100 tons or more per year for a particular source or class of sources; or (2) any action delaying compliance with an emission limitation for a particular source or class of sources which would reduce emissions by 100 tons or more per year. Hazardous Air Pollutants - Directs the Administrator, within 60 days after the date of enactment of this Act, to identify at least 20 substances or materials for which the Administrator intends to decide, within two years after such enactment date, whether or not to include such substances in the list of hazardous air pollutants (the NESHAPs list). Requires that such identification include: (1) each substance or material for which the EPA is projected to have completed a health assessment within two years of such enactment date; and (2) each other substance or material under EPA evaluation for inclusion on the NESHAPs list for which EPA has positive data from one or more tests indicating carcinogenicity in humans or other mammals. Directs the Administrator, within one year of such enactment date, to identify at least 20 additional substances or materials for which an inclusion decision will be made within five years of such enactment date. Requires that first consideration, in both such identifications, be given to specified substances and materials which the EPA has been evaluating. Directs the National Toxicology Program, through its Director, to recommend substances or materials which should be so identified, and to continue to recommend substances and materials which may be appropriate for inclusion on the NESHAPs list. Directs the Administrator, at the time the additional substances or materials are identified, to also identify what additional research, study, or evaluation is necessary for a determination. Directs the Administrator, in cooperation with the National Toxicology Program, to: (1) establish a schedule for initiating and completing such research, study, or evaluation; (2) identify the agency which will undertake it; and (3) identify the source and amount of funding for it, if such funding is not provided through the Hazardous Substance Response Trust Fund. Directs the Administrator to establish a docket for each substance identified and provide opportunity for submittal of information by interested parties. Directs the Administrator, within two years in the case of those substances in the first identification and within five years in the case of the additional substances identified, to publish the determination of whether each substance or material is a hazardous air pollutant to be included on the NESHAPs list, with the basis and the available information for such determination. Requires that a substance or material be included on the NESHAPs list by operation of law if the Administrator fails to make a determination by the appropriate deadline. Provides for removal from the list if the Administrator, within 180 days of such inclusion and upon petition by an interested party, makes a determination that such substance or material is not a hazardous air pollutant. Provides that neither the identification for determination purposes nor the automatic listing due to failure to meet the deadline shall be deemed a presumption that a substance or material is a hazardous air pollutant. Directs the Administrator to specify the chemical forms of a substance or material which are determined to be hazardous air pollutants when including such substance or material on the NESHAPs list. Directs the Administrator to identify the categories of sources which emit each hazardous air pollutant on the NESHAPs list in significant amounts. Extends from 180 days to one year the period after proposal of emission standards during which the Administrator must establish final emission standards for hazardous air pollutants (NESHAPs). Requires that NESHAPs be established at a level requiring the greatest degree of emission reduction of such pollutant through the application of the best system of continuous emission reduction available for the class or category of source, taking into account the cost of achieving such reduction and any nonair quality health or environmental impacts (BACT - the Best Available Control Technology). Directs the Administrator to determine whether such emission standard is adequate to protect the public health from such hazardous air pollutant with an adequate margin of safety, and, if not, to establish such standard at a more stringent level. Requires that NESHAPs be at least as stringent as the most stringent emission limitation shown by an adequate operating history to have been achieved in practice by a source of the same class or category (LAER-the Lowest Achievable Emission Rate). Authorizes the Administrator to distinguish among classes, types, sizes, and periods of remaining useful life for sources within a category of sources for purposes of establishing NESHAPs. Directs the Administrator to establish for each class or category of existing source deadlines which provide for NESHAP compliance as expeditiously as possible, but not later than two years after the effective date of the NESHAP. Provides that such NESHAPs amendments shall not affect any NESHAP promulgated prior to the enactment of this Act. Primary Nonferrous Smelter Orders - Extends the date by which primary nonferrous smelter orders must require final compliance with applicable sulfur oxides emission limitations from January 1, 1988, to January 1, 1993. Permits determinations of such compliance to take into account the effect of the de-minimis use of supplementary controls (up to five percent of any calendar year). Noncompliance Penalties - Requires that noncompliance penalties be reduced by the amount of any expenditures used to achieve interim reductions of the pollutant, by a method approved by the Administrator (or the State, as appropriate). Ozone Protection - Directs the Administrator to give priority in ozone protection studies and research to increasing actual measurements of stratosphere ozone and improving methods of identifying potential trends in such measurements. Directs the Administrator to contract annually with the National Academy of Sciences to: (1) continue review and research; (2) determine the extent, nature, and causes of changes in stratosphere ozone concentration; (3) investigate probable or possible effects on health and the environment; and (4) report all findings and associated uncertainties. Directs the National Academy of Sciences, in consultation with the National Aeronautics and Space Administration and the Administrator of the National Oceanic and Atmospheric Administration, to report, within two years after enactment of this Act and annually thereafter, all findings concerning actual or potential alteration of the concentration of ozone in the stratosphere, its causes, and associated implications and uncertainties. Requires that such report be made to the Administrator and to the Congress, with copies available to the public. Requires that research and monitoring programs be continued and expanded to determine the extent, nature, causes, effects, and associated uncertainties of stratospheric ozone changes. Directs the President, within two years after enactment of this Act and annually thereafter, to report to the Congress and the public on efforts to reach international agreements among the major free-world producing countries of chlorofluorocarbons as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken. Directs the Administrator, in proposing further regulations for the control in the United States of any chlorofluorocarbon under the Act or the Toxic Substance Control Act, to first: (1) determine that chlorofluorocarbons are contributing to depletion of the stratospheric ozone which is occurring, or is likely to occur, at a rate that may reasonably be anticipated to endanger the public health or welfare; or (2) report that international agreement has been reached as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken. Directs the Administrator, in promulgating such regulations to: (1) take into account any unresolved scientific questions and the availability of suitable alternative products; and (2) specifically consider the health implications of chlorofluorocarbon chemical substitutes and implications of ozone depletion for the public health and welfare. Prevention of Significant Deterioration - Revises provisions for Prevention of Significant Deterioration of Air Quality (PSD). (PSD provisions currently specify allowable short-term and long-term "increments" of emissions of sulfur oxide and particulate matter--regulations for other pollutants are not yet final--in areas with cleaner air than that required by NAAQS. (Currently, the smallest increments are allowed in "class I" areas, which include "statutorily designated" large national parks and wilderness areas, with larger increments in "class II" areas, and the largest increments in "class III" areas). Makes a technical amendment relating to the purpose of the PSD program. Eliminates the tracking of the short- term (three-hour and 24-hour for sulfur dioxide and 24-hour for particulate matter) increments in class II areas, by providing that the owner or operator of a major emitting facility must only demonstrate that such facility will not cause such maximum allowable increases to be exceeded during one such period per year. Exempts class II areas within the State of Alaska from compliance with the three-hour maximum allowable increase for sulfur dioxide. Eliminates provisions for class III areas (both for incremental limits and area redesignation purposes). Permits States to designate a PSD area as "unclassified" instead of class I or class II. Provides that unclassified areas (unlike the replaced class III area designation) shall not be subject to PSD increment limits. Permits States to eliminate the PSD increment system anywhere except on national lands which are mandatory class I or "mandatory" class II areas. Requires each State, within 18 months after enactment of this Act, to submit an area classification plan to the Administrator. Requires that such plan: (1) list all areas in the State which are federally mandatory class I or class II or which the State has determined warrant class I or class II designation; and (2) identify all "unclassified" areas within such State to which PSD provisions apply and which are not listed as class I or class II. Provides that unclassified areas shall not be subject to the PSD increment system. Sets forth plan requirements for unclassified areas, including: (1) comprehensive assessment of air quality; (2) long-term (at least 20 years) air quality goals and a procedure for periodic review of such goals; (3) emissions growth projections consistent with attainment of such goals; (4) a requirement that all proposed major emitting facilities which will emit or have the potential to emit 500 tons or more per year of particulate matter or 1,000 tons or more per year of any air pollutant be subject to review and be determined to be consistent with such goals prior to the issuance of a PSD construction permit; and (5) any other requirements the State deems necessary to attain such goals. Subjects area classification plans and revisions to specified requirements for SIP revisions. Requires that all areas which are class II areas immediately prior to enactment of this Act continue to be subject to class II increment limits until the area classification plan is approved. Requires that: (1) notice be afforded and public hearings conducted in at least three different locations in the State prior to submittal of such plan; (2) prior to such hearings, the proposed plan be available for inspection; and (3) affected local officials and Federal Land Managers be notified and provided with opportunity to comment. Eliminates area redesignation provisions requiring preparation of an analysis of the effects of a proposed redesignation and local government concurrence in the redesignation. Revises PSD preconstruction requirements to shorten the period (from one year to six months) during which a PSD permit application must be granted or denied, in the case of a facility emitting less than 500 tons per year of particulate matter and less than 1,000 tons per year of every other pollutant regulated under the Act. Requires that all PSD permit applicants be notified whether the application is complete, within two months after filing. Requires States to notify the Administrator only of applications and final actions on permits for facilities which will emit or have the potential to emit: (1) 500 tons or more per year of particulate matter and 1,000 tons or more per year of any other air pollutant; or (2) pollutants affecting air quality in any class I area. Provides that Federal Land Managers have a responsibility to: (1) identify (as well as protect) air quality related values of Federal class I areas (including visibility within such area); and (2) file a notice, and supporting information, to the permitting authority where emissions from a proposed major facility may have an adverse impact on such values; and (3) monitor and gather other information on air quality to assist in determining baseline concentrations and carrying out other responsibilities. Allows States to make "integral vista" determinations as to whether a proposed facility outside a Federal class I area will impair the vista within such area. Requires States, in any case in which the Federal Land Manager files such an allegation, to provide a public hearing with opportunity for the Federal Land Manager and other interested persons to comment on such impact. Allows a permit to be issued if the State determines that: (1) the facility would not cause a significant impairment of visibility within the integral vista; or (2) such issuance would be in the public interest notwithstanding any such significant impact. Requires the Administrator to follow any recommendations of the Governor, consistent with other requirements of the Act, when the Administrator is the PSD permitting authority for an integral vista determination. Eliminates the requirement that an air quality analysis include continuous air quality monitoring data gathered over a specified period. Allows a State to determine whether such monitoring data is necessary or appropriate for making a construction permit decision. Redefines "construction" for PSD permit purposes, to exclude modifications of existing facilities that will increase or have the potential to increase emissions of any pollutant by less than 100 tons per year. Requires the PSD permitting authority, before determining the "best available control technology" (BACT) to be achieved by a proposed major facility which will emit 500 tons or more per year of particulate matter or 1,000 tons or more per year of any other air pollutant regulated under the Act, to: (1) review the emission limitations with respect to such pollutant achieved in practice by or required under the Act for major emitting facilities of the same size, type, and class; and (2) identify the most stringent of such emission limitations and first consider these before determining the BACT to be achieved; and (3) provide information to the public regarding any decision to require a less stringent limitation. Requires that such review consider only emissions limitations: (1) for facilities within the same State (or EPA administrative region, if appropriate) as the proposed facility; (2) described in specified guidance documents; or (3) of which actual notice has been received by the permitting authority. Redefines "baseline concentration" to specify that this term refers to the ambient concentration levels in all PSD areas where such levels have been or will be affected by a facility which is applying for a permit. Includes data submitted by a Federal Land Manager among the data to be used in determining baseline concentration. Provides for updating of baseline concentrations following the redesignation of an area as class I. Fugitive Dust - Allows the Governor, in determining PSD increment consumption by a new source, to exclude concentrations of particulate matter attributable to emissions composed of soil which is uncontaminated by pollutants resulting from industrial activity. Requires that the State have an approved SIP for carrying out the PSD program and that there be notice and opportunity for public hearing before the Governor makes such exclusion. Provides, in any State where the Administrator is the permitting authority, that the Administrator may (and must, if petitioned by the Governor) make such exclusion of uncontaminated soil. Visibility - Revises provisions for the visibility protection program in mandatory class I areas to specify that such program is intended to prevent significant impairment of visibility in such areas. Prohibits the Administrator from requiring any existing source to procure, install, or operate any retrofit technology to prevent or remedy impairment of visibility outside the boundaries of a mandatory class I Federal area, unless the appropriate Governor has been notified and has not determined within a reasonable time that such action would not be in the public interest notwithstanding such impairment. Adds a definition of "integral vista" as ones included in a specified list published by the Department of the Interior for public comment. International Pollution - Discounts emissions from an immediately adjacent area in a foreign country which does not allow the United States to seek specified emissions reductions, in determining whether nonattainment provisions apply to an area in the United States that is exceeding a national ambient air quality standard (NAAQS). Declares the sense of the Congress that the President shall undertake negotiations with any foreign country from which emissions would cause an area in the United States to be a nonattainment area except for such discount, with the purpose of having such foreign country give the United States essentially the same rights to seek emissions reductions given other countries under the Act. Technology Requirements for Nonattainment Areas - Deletes provisions for a "lowest achievable emission rate" (LAER) from nonattainment area requirements. Requires new or modified sources constructed in nonattainment areas to adopt "best available control technology" (BACT). Requires, further, for any major stationary source emitting a pollutant (or pollutant precursor) for which the area is nonattainment, the permitting authority to establish an emission limitation for such pollutant at least as stringent as the most stringent limitation: (1) 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 same Federal administrative region; or (2) included in a permit issued for such an existing source before the permit application for the proposed source is complete, unless the permitting authority determines that such emission limitation in the issued permit is not achievable for the proposed source. Requires the permitting authority to review emission limitations and identify most stringent limitations only if: (1) the sources are in the same State (or EPA administrative region) as the proposed source; (2) specified guidance documents describe the emission limitation; or (3) the permitting authority has received actual notice of the emission limitation. Revises permit issuance requirements for nonattainment areas to subject a proposed source to BACT (rather than LAER). Nonattainment Definitions - Provides, for nonattainment area purposes, that "major stationary source" includes each discrete operation, unit, or other activity which produces or may produce emissions of 100 tons or more per year of a pollutant or pollutant precursor for which the area is a nonattainment area. Defines "vehicle inspection and maintenance programs" (I/M programs) to require: (1) areas which are nonattainment for carbon monoxide to have a program that is as effective in reducing vehicle emissions as specified programs fully approved by the EPA; and (2) areas which are nonattainment only for photochemical oxidant and in which motor vehicle emissions contribute less than one-third of the total hydrocarbon emissions to have a program that requires annual emissions testing or direct inspection of control equipment and that provides for attainment of the photochemical oxidant standard by the applicable deadline. Construction in Nonattainment Areas - Provides for an alternative to specified construction bans in nonattainment areas. Allows construction of a new or modified source, under specified circumstances, if offsets equal to twice the emissions from the new or modified source are obtained from existing sources. Nonattainment Plan Provisions - Extends to December 31, 1984, a State's deadline for attaining any primary ambient standard (primary NAAQS) if the State: (1) certifies that attainment could not be achieved by the December 31, 1982, deadline despite implementation of all measures in an approved or promulgated SIP; and (2) agrees not to relax any emission limitation in an approved SIP. Requires States to submit by December 31, 1984, any SIP revision providing for extensions of attainment deadlines to: (1) December 31, 1985, for sulfur dioxide, nitrogen dioxide, and particulate matter; or (2) December 31, 1987, for photochemical oxidants and carbon monoxide. Permits areas, if the Administrator determines they cannot meet the 1987 deadline despite implementing all reasonably available control technologies, an offset or equivalent program, and a vehicle I/M program, to extend the deadline: (1) for photochemical oxidants or carbon monoxide until December 31, 1992, if 1979 or 1980 levels for such pollutant were at least twice the primary NAAQS; or (2) for photochemical oxidants until December 31, 1990, if such levels were less than twice the primary NAAQS. Requires SIPs to provide for operation of a vehicle I/M program in any urbanized area with greater than 200,000 population which is seeking a deadline extension beyond 1982 for: (1) carbon monoxide; or (2) photochemical oxidants, if the 1979 and 1980 level exceeded the primary NAAQS by 50 percent or more. Requires that operation of such vehicle I/M programs begin as expeditiously as possible, but no later than January 1, 1985, for extensions requested after the enactment of this Act, and that such SIPs include reasonably available measures to assure continous compliance with SIP and permit requirements for major stationary sources. Prohibits relaxation or delay of any stationary source emission limitation or schedule of compliance in any area which receives a deadline extension under specified provisions of this Act for any primary NAAQS. Provides that an SIP establish the "growth allowance" (the allowance permitted for a pollutant, or precursor, for which an area is nonattainment from a new or modified major stationary sources) if: (1) there is an approved emissions inventory and allowable emissions from proposed new or modified stationary sources, in combination with all other increases in emissions of such pollutant (not offset by any reductions in emissions at any source) do not exceed one percent, in any calendar year, of the total annual emissions for such pollutant recorded in the inventory; (2) the State conducts a review prior to construction or modification and requires BACT for every new or modified source with potential emissions of 50 tons or more per year of such pollutant (without offsets); and (3) the SIP meets specified requirements, including the demonstration of reasonable further progress. Permit Requirements for Nonattainment Areas - Provides that any emissions reductions from existing sources required as a precondition for nonattainment area permit issuance may include any emissions reductions: (1) from nonindustrial sources, inanimate natural sources, and mobile sources; or (2) achieved by a State or local government and paid for by the owner or operator of the proposed new or modified source. Limitations on Certain Federal Assistance - Authorizes the Administrator to determine the extent and categories of withholding grants and project approval under the Act and under the Federal aid to highways program. Prohibits the Secretary of Transportation from approving projects or making grants in nonattainment areas which are not planning or implementing required vehicle I/M programs by the established deadlines. Exempts from such prohibition highway grants for Interstate highway construction, landscaping, and noise attention barriers (as well as for safety, mass transit, and transportation projects related to air quality improvement or maintenance). Interstate Transport and Acid Precipitation Reduction - Establishes a new program entitled "Interstate Transport and Acid Precursor Reduction." Establishes a long-range transport corridor, the "acid deposition impact region," consisting of 31 States (east of or bordering the Mississippi River) and the District of Columbia. 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 to Congress within two years. Directs the Acid Precipitation Task Force established under the Energy Security Act to submit to the appropriate congressional committees two comprehensive reports, one by December 31, 1985, and one by December 31, 1987, on the specified research findings and recommendations for reducing acid deposition and its effects. Authorizes additional appropriations for the Task Force for carrying out specified activities in FY 1983 through 1987. Directs the Task Force to also conduct and support research on advanced flue-gas cleaning and precombustion fuel treatment technologies and inherently low-emission combustion processes (including atmospheric and pressurized fluidized bed combustion). Authorizes appropriations for FY 1984 through 1988 to a Task Force member for partial funding of a joint project among the Tennessee Valley Authority and other appropriate participants for a demonstration facility to generate electricity using an atmospheric fluidized bed combustion process. Establishes an Acid Precipitation Scientific Review Board, to be appointed by the National Academy of Sciences. Directs the Board to review: (1) all available information on the causes, extent, and potential environmental impacts of acid deposition; and (2) all activities being performed by the Task Force. Directs the Board to submit at least two comprehensive reports, one not later than June 30, 1986, and one not later than June 30, 1988, on the results of such reviews, including a review of the Task Force's reports and the Board's own recommendations for acid deposition reduction. Authorizes appropriations for Board activities for FY 1983 through 1988. Directs the Administrator to report to the appropriate congressional committees on emission limitation and other enforceable measures for all States in the acid deposition impact region which are adopted, approved, or in effect under interstate transport and acid precursor reduction provisions. Directs the Office of Technology Assessment to: (1) analyze the control requirements of such reported enforceable measures in terms of environmental benefits, implementation costs, and potential effects on coal production or markets, on both aggregate regional and a State-by-State basis; and (2) report to the appropriate congressional committees. Requires such committees to conduct hearings on such acid deposition control matters. Directs the Administrator to: (1) develop an inventory of sources of nitrogen oxides in the acid deposition impact region and each of its States; and (2) report within four years of enactment of this Act to the appropriate congressional committees on the inventory, control technologies and methods for new and existing nitrogen oxides sources, and recommendations for control requirements. Directs the Administrator and the Secretary of the Treasury to conduct, and report to the Congress on, a joint study of a fee system on energy generators in the acid deposition region to finance emission reductions. Authorizes the Administrator, directly or through grants to any State or interstate agency, to develop, refine, demonstrate, and implement methods of: (1) neutralizing or restoring the buffering capacity of acid altered bodies of water that can no longer support game fish species; and (2) removing from bodies of water toxic metals or other toxic substances mobilized by acid deposition. Permits inclusion in such grants of amounts necessary for reports, plans, and specifications. Prohibits such grants from being made for any project: (1) in an amount exceeding 75 percent of costs; or (2) that involves bodies of water that did not contain game fish as established by State law prior to 1970. Authorizes appropriations for such purposes for FY 1983 through 1985. Requires that annual emissions of sulfur dioxide in the acid deposition be reduced by 8,000,000 tons from the total 1980 level, through a phased reduction to be completed by January 1, 1995. Requires that post-1980 increases in sulfur dioxide emissions from major stationary sources be added to the amount which a State in the region is required to reduce. Prohibits any major stationary source in the region from increasing its actual rate of sulfur dioxide over its 1980 level. Exempts from such requirement and such prohibition: (1) any State (and sources in such State) which had no 1980 utility boiler with annual average emissions greater than 1.2 pounds per million Btu; and (2) any utility boiler which converts to coal and emits no more than 1.5 pounds per million Btu. Prohibits any new major stationary source of sulfur dioxide from commencing operation in the region after January 1, 1995, unless there is an "offset" (a simultaneous net reduction in emissions of sulfur dioxide at one or more points in such region, which is: (1) identified for the new source; (2) in excess of the potential emissions from the new source; and (3) not otherwise required under specified provisions of the Act). Exempts from such prohibition any such source which: (1) adopts BACT; and (2) attains the most stringent emission limitation achieved by any source of the same size, type, and class within the region. Prohibits any major stationary source of nitrogen oxides in the region which began operation before January 1, 1981, from increasing its actual rate of such emissions over 1980 levels or levels experienced during a thirty-day period immediately prior to enactment of this Act, unless there is an "offset." Exempts from such prohibition utility boilers which convert to coal as a primary fuel. Requires the Governors of the 31 States within the region to negotiate the allocation of required reductions of sulfur dioxide among such States. Provides that any such allocation agreement shall be binding and enforceable upon each such State within 18 months after enactment of this Act upon notification to the Administrator by 75 percent of such Governors that such agreement has been reached. Sets forth a formula to determine such allocation of State sulfur dioxide reduction requirements, if the Governors fail to make such agreement within such time period. Provides for reallotment agreements between the Governors of two or more States in the region. Requires each State in the region, within 42 months after enactment of this Act, to: (1) adopt measures to achieve such sulfur dioxide emissions reductions, including emissions limitations and compliance schedules; and (2) submit such measures to the Administrator for review and approval and to the other Governors for comment. Subjects any major stationary source in the region which is not by December 31, 1985, in full compliance with the applicable SIP for sulfur dioxide in effect on January 1, 1981, to: (1) a 30-day average emission limitation of 1.2 pounds of sulfur dioxide per million Btu for all sources owned by its owner; and (2) specified noncompliance penalties. Encourages each State in the region adopting, and the Administrator in reviewing, such measures to phase compliance dates so that significant emission reduction is achieved prior to January 1, 1995. Requires each source which proposes to comply with such sulfur dioxide emission limitations by any means other than an innovative system of continuous emission reduction or the replacement of existing facilities with new facilities of substantially lower emissions to comply by January 1, 1993. Provides that, in States which have not adopted such measures within 42 months after enactment of this Act or which have not had such measures approved by the Administrator within six months after submission, each fossil-fuel-burning electric generating facility shall comply with an emission limitation for all such facilities owned or operated by the same entity in the region equivalent to a 30-day average of 1.2 pounds of sulfur dioxide per million Btu. Requires owners or operators of such facilities to submit to the Administrator a plan and schedule for compliance not later than four years after enactment of this Act or six months after such owner or operator becomes subject to such emission limitation. Directs the Administrator to approve any such plan and schedule if it contains requirements for continuous emission reduction and monitoring and achievement of compliance by January 1, 1995. Allows a State or source owner or operator to use specified methods or programs for net emission reduction required under the acid deposition region provisions in addition to enforceable continuous emission reduction measures, if such methods or programs are enforceable by the Federal Government, States other than those in which the emissions occur, and citizens. Lists such methods and programs as: (1) least emissions dispatch to meet electric generating demand at existing generating capacity; (2) early retirement of sources; (3) energy conservation investments; (4) trading emission reduction requirements and actual reductions on a State or regional basis; and (5) precombustion cleaning of fuels. Interstate Pollution - Requires SIPs to prohibit any stationary source from emitting any air pollutant in amounts which will: (1) interfere with attainment or maintenance by any other State of any primary or secondary NAAQS; or (2) contribute to atmospheric loadings of pollutants or their transformation products which may reasonably be anticipated to cause or contribute to an adverse effect on public health or welfare or the environment in any other State or foreign country. Revises provisions relating to stack heights to redefine "good engineering practice" to mean the height necessary to insure that stack emissions do not result in excessive air pollutant concentrations in the "impact area" of the source. Authorizes the Administrator to prohibit increases in, or restrict, the stack height of any source. Directs the Administrator, within one year of enactment of this Act, to complete a review of emission limits for all existing major sources which have come into existence since 1970, or raised stack heights since 1970, to determine if such limits are inappropriately based upon modeling credit for stack heights above good engineering practice. Directs the Administrator to require States to correct inappropriately based emission limits within six months. Makes it the burden of the operator of each such source to demonstrate the correct stack height credit to be used. Makes emission of an air pollutant which, by itself or in combination, reaction, or transformation, adversely affects the public health or welfare of another State a violation of interstate pollution abatement provisions. Requires major existing sources to install reasonably available control technology (RACT) within two years of a finding of such violation. Requires SIPs to require each major proposed new (or modified) source which may significantly contribute to levels of air pollution in any air quality control region outside the State to notify all nearby States. Allows State or local governments to petition the Administrator for a finding that any major source or group of sources is in violation of specified SIP or interstate pollution abatement provisions. Provides that all language referring to welfare under the Act also includes, but is not limited to: (1) effects on precipitation; and (2) specified effects whether caused by transformation, conversion, or combination with other air pollutants. Makes violations of the interstate pollution provisions subject to citizen suit provisions under the Act. Title II: Amendments Relating Primarily to Mobile Sources - Amends part A (Motor Vehicle Emission and Fuel Standards) of title II (Emission Standards for Moving Sources) of the Act. Heavy Duty Vehicle Emissions - Eliminates the authority of the Administrator to revise the heavy duty vehicle standards for emissions of hydrocarbons and carbon monoxide, which require a reduction of at least 90 percent. Makes such standards applicable during and after model year 1984. Sets a four-model-year period "lead time" between promulgation (or revision) and effective date of heavy duty vehicle standards for particulate matter. Provides that standards for particulate matter and for nitrogen oxides shall remain in effect for at least four model years. Authorizes the Administrator to make appropriate arrangements with the National Academy of Sciences to review the technological feasibility of any proposed standard for particulate matter. Directs the Administrator, in setting any heavy duty vehicle emission standard, to take into account the effect of attaining that standard on the attainment of other such existing or proposed emission standards for each other pollutant. Authorizes the Administrator to prescribe heavy duty vehicle or engine standards for emissions of nitrogen oxides and particulate matter for diesel-powered vehicles and engines which take effect in the same model year. Directs the Administrator to consider studies available from the Health Effects Institute, in conducting a continuing pollutant study concerning the effects of each air pollutant emitted from heavy-duty vehicles or engines and from other sources of mobile source related pollutants on the public health and welfare. Redefines "useful life," for purposes of heavy-duty vehicle and engine regulations, as the greater of: (1) one- half of the average time or use between first use and engine retirement or rebuild or any other measure of actual life determined by the Administrator; or (2) the duration or mileage of the published commercial warranty. Light Duty Vehicle Emissions - Sets a nitrogen oxides emissions limitation of 1.5 grams per vehicle mile for diesel-powered duty vehicles and engines manufactured during model years 1983 and 1984. Sets a particulate matter emissions limitation of 0.2 grams per vehicle mile for light duty vehicles and engines manufactured during model year 1986 and thereafter. Provides for a waiver of such standard to O.6 gram per vehicle mile of particulate matter for any class or category of light duty vehicles or engines manufactured during the model years 1986 and 1987, under specified conditions. Provides for a waiver of the 1986-1987 model year nitrogen oxides emissions standard to 1.5 grams per vehicle mile for diesel-powered light duty vehicles or engines, if such waiver will avoid granting the waiver with respect to particulate matter. Light Duty Truck Emissions - Sets low altitude emissions limitations for light duty trucks. Sets such limits at the following grams per vehicle mile for: (1) hydrocarbons, 1.7 in model year 1983 and 0.8 in model year 1984 and thereafter; (2) carbon monoxide; 18 in 1983 and ten in 1984 and thereafter; (3) nitrogen oxides, 2.3 in 1983 and 1984, 1.2 (for 6,000 pounds or less vehicle weights) in 1985 and thereafter, and 1.7 (for over 6,000 pounds vehicles) in 1985 and thereafter; and (4) particulate matter, 0.26 in 1986 and thereafter. Provides for waivers of such particulate matter standard to 0.6 grams per vehicle mile, under specified conditions. Provides for waiver of such nitrogen oxides standards to 1.7 (for 6,000 pounds or less vehicles) and 2.3 (for over 6,000 or less vehicles), if such waiver will avoid granting the waiver with respect to particulate matter. High Altitude Motor Vehicle Emissions - Eliminates the requirement that all model year 1984 and later light duty vehicles comply with national emission standards regardless of the altitude at which they are sold. Directs the Administrator to establish separate low altitude and high altitude emission standards for model year 1984 and later light duty vehicles and light duty trucks. Requires that the high altitude standards be equal in numerical value to the low altitude standards for emissions of: (1) nitrogen oxides from all such model year 1984 and later vehicles; and (2) carbon monoxide from model year 1984 and later light duty vehicles and model year 1985 and later light duty trucks. Provides that high altitude emission standards for every other pollutant must require a percentage reduction at least equal to the percentage reduction which the corresponding low altitude standards require at low altitude. Prohibits such high altitude standards from being numerically more stringent than corresponding low altitude standards. Authorizes the Administrator to issue certificates of conformity for model year 1984 and later for light duty vehicles and light duty trucks if they comply under: (1) low altitude conditions with low altitude standards, and are capable by design, or by approved adjustments or modifications, of complying under high altitude conditions with high altitude standards; (2) low altitude conditions with low altitude standards, and are subject to a specified exemption; or (3) high altitude conditions with high altitude standards, and the manufacturer demonstrates that virtually all such vehicles are intended for principal use at elevations of at least 4,000 feet above sea level. Directs the Administrator to determine the durability under high altitude conditions of the emission control performance of vehicles using data from tests conducted under low altitude conditions on the same or similar vehicles, unless the Administrator determines that it is necessary or appropriate to conduct separate tests under high altitude conditions. Sets forth requirements for adjustments and modifications to ensure adequate performance under high altitude conditions, and for readjustments or remodifications for such performance under low altitude conditions. Exempts, upon a manufacturer's application, motor vehicles for one model year from high altitude requirements if: (1) the Administrator has approved high altitude performance instructions for such vehicles; and (2) the number of such vehicles intended for principal use in designated high altitude areas represents not more than 15 percent of the manufacturer's anticipated combined sales in that model year of light duty vehicles and light duty trucks intended for principal use in designated high altitude areas. Requires exempted manufacturers to make all reasonable efforts to ensure that an individual vehicle has been adjusted or modified before sale or delivery to the ultimate purchaser in accordance with such approved instructions. Requires exempted manufacturers to inform the Administrator of actual combined sales, and provides for appropriate reductions of future exemptions. Requires dealers to certify to purchasers that required adjustments or modifications have been performed on model year 1984 or later light duty vehicles or light duty trucks intended for principal use in a designated high altitude area. Permits manufacturer's instructions for high altitude performance adjustments or modifications (and readjustments and remodifications) to include changes in gear ratios. Requires manufacturers to make such instructions and descriptions available to their authorized dealers, and upon request to service and repair establishments, in high altitude areas. Directs the Administrator, upon the request of a national association of motor vehicle dealers, to compile data on the availability and distribution of light duty vehicles and light duty trucks to dealers in designated high altitude areas. Requires a report on such data to be submitted to the Congress and published in the Federal Register within six months of such request. Provides for a six-month extension of this deadline if there is also a request for data on high altitude emission standards compliance costs and effects on sales. Sulfur Emissions - Directs the Administrator to prohibit the sale of diesel fuel for use in motor vehicles with a sulfur content of more than 0.5 percent by weight or such lesser limit as is necessary to protect the public health or welfare. Requires that regulations for such prohibition: (1) be promulgated at such time as diesel-powered vehicles constitute ten percent of the total annual sales of light duty vehicles and light duty trucks; and (2) take effect within 48 months after January 1 of the first calendar year in which such a sales level is reached. Imported Vehicles - Revises the prohibition against importation of new motor vehicles or new motor vehicle engines without a certificate of conformity with applicable emissions standards. Limits the exemption from such prohibition, exemption under which an importer may furnish a bond to insure that such vehicle or engine will be brought into such conformity, to those vehicles or engines which are of a class for which application for a certificate is pending. Exempts new vehicles or engines which are five model years old or older. Provides that an importer of vehicles who is not otherwise a manufacturer shall not be considered a small manufacturer for purposes of the small volume certification procedure. Vehicle Imports into Territories - Exempts from imported vehicle certification requirements of the Act vehicles imported for commercial or public transportation use, which would otherwise be unavailable, into and solely for use within a Territory of the United States which is not a nonattainment area and which imports fewer than 500 vehicles per year. Lead in Gasoline - Prohibits the Administrator from allowing the average lead content per gallon of leaded gasoline to exceed, in future quarters, the average achieved during the quarter ending June 30, 1982. Prohibits any amendment of specified EPA regulations in effect on July 1, 1982, which would allow any increase in the average lead content per gallon of gasoline. Definitions - Defines "heavy duty vehicle" and "heavy duty vehicle and engine" as a motor vehicle, including engine, with: (1) more than 8,500 pounds gross vehicle weight; (2) more than 6,000 pounds vehicle curb weight; or (3) more than 45 square feet basic vehicle frontal area. Defines "light duty truck" and "light duty truck and engine" as a vehicle, including engine, with gross vehicle and curb weight below the heavy duty vehicle level and which: (1) is designed primarily for transportation of property or is a derivation of such vehicle; (2) is designed primarily for transportation of persons has a capacity of more than 12 persons; or (3) has special features enabling off-street or off-highway operation and use. Authorizes the Administrator, notwithstanding such definitions, to define as a heavy duty vehicle instead of a light duty truck any vehicle with a gross weight more than 6,000 pounds but less than 8,500 pounds, and which is designed primarily for commercial (including agricultural) use and not for uses performed by light duty trucks. Sets forth provisions for high altitude emission standards for such redefined vehicles. Defines "light duty vehicle" and "light duty vehicle and engine" as a motor vehicle, including engine, designed primarily for transportation of persons which has a capacity of 12 persons or less. Defines "designated high altitude areas" as all countries identified in high altitude emission standards regulations in effect on December 31, 1981, which are in a State in which one or more such countries was in whole or in part during calendar year 1981 a nonattainment area for carbon monoxide photochemical oxidants. Defines "high altitude conditions" as an elevation of approximately 5,300 feet above sea level, or a barometric pressure corresponding to such elevation. Defines "low altitude conditions" by the definition given in regulations in effect on December 31, 1981, unless the Administrator by regulation promulgates another definition. Title III: Other Amendments and Provisions - Judicial Review - Revises provisions governing judicial review of EPA final actions under the Act. Allows petitions for review of locally or regionally applicable actions to be filed only in the U.S. Court of Appeals for an appropriate circuit. Allows petitions of review of nationally applicable actions to be filed in the U.S. Court of Appeals for the District of Columbia or in any U.S. Court of Appeals for a circuit in which the petitioner resides or transacts business. Establishes a random selection procedure, to be administered by the Administrative Office of the United States Courts, to determine the court of appeals in which an EPA action is to be reviewed when petitions for review have been filed in two or more courts of appeals. Directs the Administrator, following such determination, to promptly file the record in such court. Directs other courts to promptly transfer such petitions to such court. Provides that any court in which a petition has been filed, including any court selected by the random procedure, may transfer such petition to any other court of appeals for the convenience of the parties or otherwise in the interest of justice. Changes the period within which a petition for review of an EPA promulgation, approval, or action must be filed from 60 to 120 days after notice is published in the Federal Register, but requires petitions based solely on grounds arising after such 120-day period to be filed within 60 days after such grounds arise. Award of Fees - Limits the award of litigation costs, in proceedings for judicial review of EPA actions and citizen suits under the Act, to prevailing or substantially prevailing parties. Appropriations - Authorizes appropriations for FY 1983 through 1987 to carry out the Act, other than specified provisions for research and special studies under the interstate transport and acid precursor reduction program and other research, development, and demonstration activities. Wood Smoke Study - Directs the Administrator to: (1) study the effects of wood combustion on ambient air quality; (2) research and monitor the direct or indirect effects of emissions associated with wood combustion on public health or welfare; (3) research and develop a uniform method to measure emissions from wood combustion devices, including testing and recommending designs for such devices; (4) report by December 31, 1984, to Congress on such study and research and on any regulatory action taken or proposed and any recommendations for legislation made; and (5) consider any appropriate use of specified provisions under the Act to control emissions associated with wood combustion. Allows such studies and research to be undertaken with cooperation and assistance from universities, private industries, and local and State governments. Directs Federal agencies to assist the Administrator in carrying out such studies and research. Limits the term "wood combustion," for purposes of such requirements, to the burning of wood, wood by-products, or wood wastes to produce heat for residential, commercial, or institutional applications with a heat input of less than 5,000,000 Btu per hour. Indoor Air Pollution Study - Directs the Administrator to carry out a research program on indoor air quality designed to gather information on associated health problems and to coordinate Federal, State, local, and private research, development, and demonstration relating to indoor air quality improvement. Authorizes the Administrator to establish: (1) committees representing concerned Federal agencies; and (2) advisory groups representing science, industry, and public interest organizations. Directs the Administrator to consult and coordinate with State and local officials and other interested parties. Sets forth activities which the research program must include but not be limited to. Directs the Administrator to submit to Congress: (1) an implementation plan for such research program within one year after enactment of this Act; (2) a progress report within 36 months of such enactment; and (3) a final report within 54 months of such enactment. Requires the progress report and final report to be submitted to the National Academy of Science (NAS) before submittal to Congress, and to include any NAS comments. Declares that nothing in such indoor air quality research program provisions shall be construed to: (1) authorize the Administrator to carry out any regulatory program or activity; or (2) limit the authority of the Administrator or any other Federal agency or instrumentality under any other authority of law. Authorizes appropriations for FY 1983 and 1984 to carry out the indoor air quality research program. Cold Weather Carbon Monoxide Emissions Study - Directs the Administrator to: (1) study the feasibility and benefits of requiring motor vehicle design modifications or engine adjustments, or both, to reduce emissions of carbon monoxide under cold weather conditions, while maintaining or improving vehicle performance and fuel economy; and (2) report to Congress the study's findings and recommendations within two years after enactment of this Act.

Acidic Deposition Study and Sulfur Emission Limitation Act of 1983

United States · United States Congress · 10 March 1983

Acidic Deposition Study and Sulfur Emission Limitation Act of 1983 - Amends title I (Air Pollution Prevention and Control) of the Clean Air Act to establish a program of acid deposition analysis and mitigation. Directs the Administrator of the Environmental Protection Agency, within the five-fiscal-year period following the submission of the final comprehensive National Acid Precipitation Plan under the Energy Security Act, to report on acid deposition to specified congressional committees. Sets forth requirements relating to such report. Directs the Administrator to solicit data, views, and comments from State and other Federal agencies which are carrying out studies and research relating to acid deposition. Prohibits the Administrator from approving State implementation plan revisions, during the five-year period beginning on the date of enactment of this Act until a date six months after submission of the Administrator's report under this Act, which would increase the annual allowable emissions of sulfur dioxide for any existing major stationary source. Sets forth exemptions from such prohibition under specified circumstances. Authorizes the Administrator to make grants to any State or interstate agency, to develop, refine, demonstrate, and implement methods of: (1) neutralizing or restoring the buffering capacity of bodies of water that have become so acidic as to endanger game fish species; (2) removing from bodies of water toxic metals or other toxic substances mobilized by increased acidity; and (3) reducing or neutralizing acidity which can be shown to be harmful to valuable forest ecosystems. Prohibits such grants being made for any project in an amount exceeding 75 percent of costs. Encourages State Governors to: (1) establish and designate appropriate regional acid deposition corridors comprising several States; and (2) negotiate appropriate measures to reduce emissions of acid deposition pollutants, taking into consideration actions taken and planned by the various States and Canada to control sulfur dioxide and nitrogen oxides, future economic growth in the corridors, employment impact, public health and welfare, consumer costs, and equity among the States. Directs the Administrator to cooperate with and to provide technical assistance for such State efforts. Authorizes appropriations to the Administrator for the five fiscal years following the date of enactment of this Act, to prepare the report on acid deposition and to make grants to State or interstate agencies.

Acid Deposition and Sulfur Loadings Reduction Act

United States · United States Congress · 10 March 1983

Acid Deposition and Sulfur Loadings Reduction Act - Amends the Clean Air Act to establish a new program for acid deposition and sulfur loadings reduction. Establishes a long-range transport corridor, the "acid deposition impact region," consisting of 31 States (east of or bordering the Mississippi River) and the District of Columbia. 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 to Congress within two years. Prohibits any increase in emissions of sulfur dioxide and nitrogen oxides from stationary sources in the acid deposition impact region over the total actual emissions of each pollutant in such region as of January 1, 1981. Prohibits any major stationary source in such region from increasing its actual rate of such emissions over that experienced by such source during 1980, unless there has been identified for such source an "offset" (a simultaneous net reduction in emissions of such pollutant at one or more points in such region which is in excess of the proposed increase in emission rate and which is not otherwise required by a State implementation plan or by requirements for sulfur dioxide reductions by States and major stationary sources. Requires that annual emissions of sulfur dioxide in the acid deposition impact region be reduced by 12,000,000 tons from the total 1980 level, through a phased reduction to be completed by January 1, 1998. Requires each State in such region to achieve reductions in annual sulfur dioxide emissions according to a formula based on each State's share of utility emissions in excess of a specified level in the region. Permits State Governors to reallot the required reductions. Requires each State in the region to adopt, within two years, enforcement measures to achieve such reduction. Directs the Administrator of the Environmental Protection Agency to approve such measures within six months if such measures: (1) contain enforceable requirements for continuous emission reduction; (2) contain requirements for monitoring by the source and enforcement agencies to assure that emission limitations are being met; and (3) are adequate to achieve the reduction in sulfur dioxide emissions for such State within the time limit for the region. Requires each major stationary source subject to an emission limitation established under such State sulfur dioxide reduction requirements to notify the Governor by January 1, 1987, of its intended method of compliance. Directs the Governor to submit such notifications to the Administrator. Provides that such emission limitations, compliance schedules, and other approved measures shall be deemed State implementation plan requirements. Sets a January 1, 1989, deadline for compliance with State or major stationary source sulfur dioxide reduction emission limitations by each major stationary source that states it will comply through the use of fuel substitution. Requires that each major stationary source that states it will comply with such emission limitations through the installation of a technological system of continuous emission reduction or the replacement of existing facilities with new facilities with substantially lower emissions, to: (1) enter into binding contractual commitments to acquire, install, or construct such system or facilities, by January 1, 1989; and (2) be in compliance with such emission limitations, by January 1, 1998. Requires each State in the region to achieve by January 1, 1993, an emissions reduction equal to at least five-sixths of its total State sulfur dioxide requirement. Sets forth major stationary source sulfur dioxide reduction requirements in States in the region which have not adopted, and had approved by the Administrator, such enforceable measures. Requires the owner or operator of each fossil-fuel-burning electric generating facility which is not subject to new stationary source performance standards and which emitted at an annual rate equal to or greater than 1.2 pounds of sulfur dioxide per million Btu during 1980 to comply with an emission limitation for all such facilities owned or operated by the same entity in the region equivalent to a 30-day average of 1.2 pounds of sulfur dioxide per million Btu. Requires owners or operators of such facilities to submit to the Administrator a plan and schedule for compliance not later than three years after enactment of this Act. Directs the Administrator to approve any such plan and schedule if it contains requirements for continuous emission reduction and monitoring and achievement of compliance by the same deadlines as under provisions for State sulfur dioxide reduction requirements. Sets forth the methods or programs for net emission reduction which may be used, in addition to enforceable continuous emission measures, by a State or the owner or operator of a source, if emission 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. Requires that, by January 1, 2000, each major stationary source in any State in the region shall be subject to an emissions limit at least as stringent as that of the most stringent emission limitation contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable ("lowest achievable emissions rate"). Permits a State or the owner or operator of a source required to achieve emission reductions under this Act to substitute reduction in emissions of oxides of nitrogen for required reductions in emissions of sulfur dioxide, at a rate of two units by weight of oxides of nitrogen for each unit of sulfur dioxide.

A joint resolution designating the week of April 24 through April 30, 1983 as "National Week of the Ocean".

United States · United States Congress · 10 March 1983

Designates the week of April 24 through April 30, 1983, as National Week of the Ocean.

A bill to establish a National Commission to examine and report to Congress regarding the Superfund program, and for other purposes.

United States · United States Congress · 9 March 1983

Establishes a Superfund Commission to examine the Superfund program under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Sets a deadline for the Commission's report to the Congress. Terminates the Commission upon submission of its report. Directs the Administrator of the Environmental Protection Agency to make available a specified amount from the Hazardous Substance Response Trust Fund to carry out this Act. Authorizes appropriations for FY 1984 to reimburse such Fund for amounts provided to the Commission.

Public Lands Protection Act of 1981

United States · United States Congress · 3 March 1983

Public Lands Protection Act of 1981 - Authorizes actions for declaratory and equitable relief in Federal district courts to protect natural resources of public lands from pollution, impairment, or destruction. Specifies parties who may bring such actions. Provides guidelines for: (1) adjudication; (2) judicial procedure in granting relief; and (3) remand to requisite administrative procedures. Directs the court to adjudicate the impact of a defendant's conduct upon completion of such administrative procedures. Authorizes specified parties to intervene under certain circumstances. Declares this Act supplementary to existing administrative and regulatory procedures.

Ocean Dumping Amendments Act of 1983

United States · United States Congress · 2 March 1983

Ocean Dumping Amendments Act of 1983 - 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. 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." Grants jurisdiction to U.S. district courts to issue writs of mandamus to compel the Administrator to designate dumping sites. Authorizes appropriations for FY 1983 and FY 1984. Directs the Administrator to establish and submit to Congress a dumping designation schedule within 180 days.

A bill to amend the Clean Air Act to permit a State legislature to contest the redesignation under such Act of an area within such State by an Indian tribe, and for other purposes.

United States · United States Congress · 2 March 1983

Amends the Clean Air Act to permit a State legislature to contest the redesignation of an air quality control region within such State by an Indian tribe by requesting intervention by the Administrator of the Environmental Protection Agency.

A bill to amend the Solid Waste Disposal Act to exempt rural communities from the prohibition on open dumping of solid waste.

United States · United States Congress · 2 March 1983

Amends the Solid Waste Disposal Act to exempt municipalities with a maximum population of 5,000, counties with a maximum population of 10,000, and counties with fewer than 20 persons per square mile which are not within a metropolitan area from the prohibitions on open dumping of solid waste.

Environmental Programs Assistance Act of 1983

United States · United States Congress · 1 March 1983

Environmental Programs Assistance Act of 1983 - Directs the Administrator of the Environmental Protection Agency (Administrator) to develop a program, through grants or contracts, designed to assist Federal, State, and local environmental agencies in carrying out projects of pollution prevention, abatement, and control. Provides that such program may include projects such as: (1) air monitoring and emission testing; (2) pesticides inventory and control; (3) water quality and supply sampling and monitoring; (4) technical libraries and public information projects; (5) carcinogenic surveys and followup; (6) hazardous materials routing surveys; (7) health screening in rural areas and among migrant workers; and (8) noise abatement and control. Directs the Administrator to: (1) submit to Congress, within 180 days after enactment of this Act a report identifying projects which serve the purpose of the program; (2) consult with representatives of State and local environmental agencies concerning ways to implement this Act; and (3) utilize the talents of older Americans available for project participation and consult with the Secretary of Labor and the Administrator of the Administration on Aging to ensure coordination with similar projects under the Older Americans Act of 1965 or the Comprehensive Employment and Training Act (or under any successor statute). Authorizes the Administrator to make grants to and cooperative agreements with, public and private institutions and individuals to carry out the program under this Act. Prohibits the Administrator from making any grants to, or agreements with, any State or local environmental agency for any activities which would take the job of any agency employee or impair any existing contract for services. Authorizes appropriations to the Administrator for FY 1984 through 1988 to carry out the administrative provisions of this Act. Provides that environmentally related programs described under this Act shall be eligible for funding made available through title V of the Older Americans Act of 1965 and title III of the Comprehensive Employment and Training Act (or the corresponding provisions of any successor statute).

A bill amending Title I of the Marine Protection, Research and Sanctuaries Act of 1972, and for other purposes.

United States · United States Congress · 28 February 1983

Amends title I of the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the ocean dumping of any liquid hazardous substance starting five years after enactment of this Act. Permits such interim dumping only if the Environmental Protection Agency (EPA) finds, after notice and opportunity for hearing, that: (1) there is no other technologically feasible method of disposal or treatment; or (2) any such method is more dangerous to human health than ocean dumping. Exempts from such prohibition any substance which is rapidly neutralized in the marine environment. Amends the Solid Waste Disposal Act to place similar prohibitions on the land disposal of liquid hazardous waste. Requires the Administrator of EPA to notify Congress within two years of those liquid hazardous wastes which can only be land disposed. Authorizes Federal agencies to dispose of liquid hazardous wastes by means other than ocean dumping or land disposal.

A bill to amend the Clean Air Act to exempt electric power generating facilities on Guam from certain provisions of the Clean Air Act.

United States · United States Congress · 28 February 1983

Amends the Clean Air Act to exempt electric generating facilities on Guam from standards of performance for new stationary sources and from stack height requirements under such Act.

A bill to prohibit the landfill disposal of hazardous waste, and for other purposes.

United States · United States Congress · 24 February 1983

Amends the Solid Waste Disposal Act to prohibit the issuance of permits for the disposal of any hazardous waste on or into a landfill. Exempts from such prohibition landfill facilities for which a permit: (1) was issued before the date of enactment of this Act; or (2) is treated as having been issued under specified provisions for interim status permits.

A bill to prohibit the land disposal of liquid hazardous waste, and for other purposes.

United States · United States Congress · 24 February 1983

Amends the Solid Waste Disposal Act to prohibit the disposal of any liquid hazardous waste (or hazardous waste containing free liquids) by any land disposal method, effective five years after the date of enactment of this Act. Prohibits such disposal, effective upon the enactment of this Act, unless the Administrator of the Environmental Protection Agency finds that: (1) no technologically feasible means of treatment, recovery, or disposal other than land disposal is available for such hazardous waste exists within 500 miles of the location where such waste is generated; or (2) any such means is less protective of human health and the environment than the means of land disposal. Directs the Administrator, within two years after the date of enactment of this Act, to submit a report to the Congress listing those liquid hazardous wastes (or hazardous wastes containing free liquids) for which there does not exist one or more technologically feasible means of treatment, recovery, or disposal other than land disposal which will protect human health and the environment. Directs the General Services Administration and other Federal agencies to dispose of liquid hazardous waste (and hazardous waste containing free liquids) by means other than land disposal where such other means are more protective of human health and the environment.

A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("Superfund") to clarify certain provisions relating to remedial actions at facilities owned and operated by a State or political subdivision thereof.

United States · United States Congress · 23 February 1983

Amends the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("Superfund") to revise provisions relating to the State share of costs of remedial actions in response to a release of a hazardous substance at a disposal facility owned by a State or local government. Requires that such facility be operated, as well as owned, by the State or local government in order for such provisions to apply.

A bill to extend the Superfund legislation for five additional years and to provide for annual 5 percent increases in the funding levels after September 30, 1985, and for other purposes.

United States · United States Congress · 23 February 1983

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("Superfund") to extend the authorization of appropriations to the Hazardous Substance Response Trust Fund ("Response Trust Fund") for five additional years, through FY 1990. Provides for annual five percent increases in funding levels for each of such five additional years after FY 1985. Makes a conforming amendment extending by five years the period to be covered by the Secretary of the Treasury's annual report to the Congress on the management of the Response Trust Fund. Extends the authority to collect taxes conferred by such Act through FY 1990 (unless specified amount's are received in the Treasury before such date). Amends the Internal Revenue Code to provide for five-year extensions of provisions for an environmental tax on petroleum. Provides for an annual five percent rate increase after FY 1985 in the environmental taxes on petroleum, certain chemicals, and hazardous wastes. Provides for a five-year postponement of the tax on the receipt of hazardous waste at a qualified hazardous waste disposal facility. Makes such tax apply to such receipt after September 30, 1983.

Environmental Protection Act of 1983

United States · United States Congress · 22 February 1983

Environmental Protection Act of 1983 - Title I: Findings and Purposes - Declares that the existing governmental entities charged with preventing air, water, and land pollution have not adequately protected the environment. States the purpose of this Act to be to protect Americans against adverse effects of environmental changes through the establishment of a multimember independent regulatory commission. Title II: Establishment of Commission - Establishes the Environmental Protection Commission as an independent regulatory commission to be composed of five members appointed by the President with the Senate's approval. Sets forth provisions governing the members, officers, powers, and functions of the Commission and the functions of the Chairman of the Commission. Directs the Science Advisory Board to provide such scientific advice as the Commission may request. Sets forth guidelines for the nomination, selection, and appointment by the Chairman of an individual to fill any vacancy on the Board. Requires the Chairman to issue regulations regarding conflicts of interest with respect to members of the Board. Title III: Transfer of Functions - Transfers to the Commission all functions, not otherwise transferred by this Act to the Commission or the administrative units of the Commission, of: (1) the Environmental Protection Agency; (2) the Secretary or the Department of the Interior under the Surface Mining Control and Reclamation Act of 1977; and (3) the Secretary or the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act. Title IV: Administrative Provisions - Part A: Personnel Provisions - Provides for the appointment and compensation of Commission officers and employees and the procurement and compensation of experts and consultants. Part B: General Administrative Provisions - Sets forth provisions governing the authority of the Commission to: (1) exercise transferred functions; (2) delegate functions to its officers and employees; (3) reallocate functions among its offices and reorganize its structure; (4) enter into and perform contracts; and (5) promulgate rules. Requires the Commission, for each proposed action to promulgate or revise a rule, to: (1) establish and make available to the public a rulemaking docket containing the comments and certain documentary information concerning each rule; (2) publish a notice of the proposed action which shall include a statement of the purpose and basis of the rule and the period available for public comment; (3) allow any person to present oral or written data on the rule during the comment period; and (4) keep the record of the rulemaking open for 30 days after completion of the proceeding to provide for submission of rebuttal or supplementary information. Requires the promulgated rule to be accompanied by: (1) a statement of its basis and purpose; (2) a justification of major changes to the rule as proposed; and (3) a response to significant data submitted during the comment period. Provides for the judicial review of such rules. Authorizes a six-month extension of a statutory deadline for the promulgation of such a rule if such extension is necessary to afford the public and the agency adequate opportunity to carry out rulemaking requirements. Authorizes the Commission to: (1) establish, alter, discontinue, or maintain regional and other field offices as necessary; (2) acquire and maintain schools, research and training facilities, and accommodations as may be necessary for employees; (3) establish eating facilities for employees at its installations; (4) provide certain facilities, services, and supplies for employees at remote locations; (5) use the resources of Federal, State, local, and foreign instrumentalities with their consent; (6) permit public and private organizations to use its facilities for Commission purposes; (7) acquire copyrights, patents, applications for patents, licenses under copyrights and patents, and releases for past patent or copyright infringement; (8) accept and use gifts, bequests, and devises of property; (9) provide advice and technical assistance related to its functions; (10) establish a working capital fund; and (11) transfer funds among Commission appropriations, with certain limitations. Directs the Commission to procure a seal of office. Requires the Commission to submit to the President and Congress at the beginning of each regular session of Congress a comprehensive report on the administration of its functions. Requires that such report include: (1) an appraisal of the incidence of health and other effects to the population resulting from environmental causes; (2) an evaluation of the degree of observance of environmental rules; (3) a summary of outstanding problems confronting the Commission; and (4) specified information on voluntary environmental standards developed with the Commission's assistance. Title V: Transitional, Savings, and Conforming Provisions - Sets forth provisions governing the transfer and allocation of personnel, appropriations, and other resources transferred to the Commission under this Act. Terminates the Environmental Protection Agency and positions in such Agency which were expressly authorized by law or compensated at an Executive Schedule pay rate. Declares that this Act shall have no effect on orders issued, determinations made, proceedings pending, or civil actions commenced before its enactment. Provides that statutory requirements for notice, hearings, and administrative or judicial review applicable to functions transferred by this Act shall continue to apply to such functions. Title VI: Effective Date and Interim Appointments - Sets forth the effective date of this Act. Provides that funds available to any agency the functions of which are transferred by this Act may, with the approval of the Director of the Office of Management and Budget, be used to pay the compensation of interim officers and other expenses of establishing the Commission or transfering functions until funds for such expenses are otherwise available. Authorizes the President to designate an officer in the executive branch to act as a Commission officer for 120 days or until such office is filled, whichever occurs first.

Environmental Protection Act of 1983

United States · United States Congress · 22 February 1983

Environmental Protection Act of 1983 - Title I: Findings and Purposes - Declares that the existing governmental entities charged with preventing air, water, and land pollution have not adequately protected the environment. States the purpose of this Act to be to protect Americans against adverse effects of environmental changes through the establishment of a multimember independent regulatory commission. Title II: Establishment of Commission - Establishes the Environmental Protection Commission as an independent regulatory commission to be composed of five members appointed by the President with the Senate's approval. Sets forth provisions governing the members, officers, powers, and functions of the Commission and the functions of the Chairman of the Commission. Directs the Science Advisory Board to provide such scientific advice as the Commission may request. Sets forth guidelines for the nomination, selection, and appointment by the Chairman of an individual to fill any vacancy on the Board. Requires the Chairman to issue regulations regarding conflicts of interest with respect to members of the Board. Title III: Transfer of Functions - Transfers to the Commission all functions, not otherwise transferred by this Act to the Commission or the administrative units of the Commission, of: (1) the Environmental Protection Agency; (2) the Secretary or the Department of the Interior under the Surface Mining Control and Reclamation Act of 1977; and (3) the Secretary or the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act. Title IV: Administrative Provisions - Part A: Personnel Provisions - Provides for the appointment and compensation of Commission officers and employees and the procurement and compensation of experts and consultants. Part B: General Administrative Provisions - Sets forth provisions governing the authority of the Commission to: (1) exercise transferred functions; (2) delegate functions to its officers and employees; (3) reallocate functions among its offices and reorganize its structure; (4) enter into and perform contracts; and (5) promulgate rules. Requires the Commission, for each proposed action to promulgate or revise a rule, to: (1) establish and make available to the public a rulemaking docket containing the comments and certain documentary information concerning each rule; (2) publish a notice of the proposed action which shall include a statement of the purpose and basis of the rule and the period available for public comment; (3) allow any person to present oral or written data on the rule during the comment period; and (4) keep the record of the rulemaking open for 30 days after completion of the proceeding to provide for submission of rebuttal or supplementary information. Requires the promulgated rule to be accompanied by: (1) a statement of its basis and purpose; (2) a justification of major changes to the rule as proposed; and (3) a response to significant data submitted during the comment period. Provides for the judicial review of such rules. Authorizes a six-month extension of a statutory deadline for the promulgation of such a rule if such extension is necessary to afford the public and the agency adequate opportunity to carry out rulemaking requirements. Authorizes the Commission to: (1) establish, alter, discontinue, or maintain regional and other field offices as necessary; (2) acquire and maintain schools, research and training facilities, and accommodation as may be necessary for employees; (3) establish eating facilities for employees at its installations; (4) provide certain facilities, services, and supplies for employees at remote locations; (5) use the resources of Federal, State, local, and foreign instrumentalities with their consent; (6) permit public and private organizations to use its facilities for Commission purposes; (7) acquire copyrights, patents, applications for patents, licenses under copyrights and patents, and releases for past patent or copyright infringement; (8) accept and use gifts, bequests, and devises of property; (9) provide advice and technical assistance related to its functions; (10) establish a working capital fund; and (11) transfer funds among Commission appropriations, with certain limitations. Directs the Commission to procure a seal of office. Requires the Commission to submit to the President and Congress at the beginning of each regular session of Congress a comprehensive report on the administration of its functions. Requires that such report include: (1) an appraisal of the incidence of health and other effects to the population resulting from environmental causes; (2) an evaluation of the degree of observance of environmental rules; (3) a summary of outstanding problems confronting the Commission; and (4) specified information on voluntary environmental standards developed with the Commission's assistance. Title V: Transitional, Savings, and Conforming Provisions - Sets forth provisions governing the transfer and allocation of personnel, appropriations, and other resources transferred to the Commission under this Act. Terminates the Environmental Protection Agency and positions in such Agency which were expressly authorized by law or compensated at an Executive Schedule pay rate. Declares that this Act shall have no effect on orders issued, determinations made, proceedings pending, or civil actions commenced before its enactment. Provides that statutory requirements for notice, hearings, and administrative or judicial review applicable to functions transferred by this Act shall continue to apply to such functions. Title VI: Effective Date and Interim Appointments - Sets forth the effective date of this Act. Provides that funds available to any agency the functions of which are transferred by this Act may, with the approval of the Director of the Office of Management and Budget, be used to pay the compensation of interim officers and other expenses of establishing the Commission or transfering functions until funds for such expenses are otherwise available. Authorizes the President to designate an officer in the executive branch to act as a Commission officer for 120 days or until such office is filled, whichever occurs first.

A bill to amend the Federal Water Pollution Control Act to restrict the jurisdiction of the United States over the discharge of dredged or fill material to those discharges which are into navigable waters, and for other purposes.

United States · United States Congress · 22 February 1983

Amends the Federal Water Pollution Control Act to revise provisions relating to permits for dredged or fill material. Directs the Secretary of the Army to issue permits to applicants, after notice and opportunity for a public hearing, for the discharge of dredged or fill material into the navigable waters at disposal sites specified by the applicants, unless the Secretary determines that such disposal sites cannot be specified through the application of the guidelines or other considerations in accordance with provisions for specification of disposal sites. Provides that, except in the case of a State request for Federal jurisdiction over nonnavigable waters, the discharge of dredged or fill material in waters other than navigable waters is not prohibited by or otherwise subject to legislation under such Act or an other Act of Congress. Directs the Secretary to extend application of such Act to nonnavigable waters within a State which are listed and defined by the State Governor in a written request concurred in by the State legislature in accordance with State law. Repeals provisions for an optional State permit program. Deletes the qualifying phrase "to the maximum extent practicable" with respect to the 90-day deadline for decisions on permit applications. Makes miscellaneous and conforming amendments.

Environmental Programs Assistance Act of 1984

United States · United States Congress · 17 February 1983

Environmental Programs Assistance Act of 1983 - Directs the Administrator of the Environmental Protection Agency (Administrator) to develop a program, through grants or contracts, designed to assist Federal, State, and local environmental agencies in carrying out projects of pollution prevention, abatement, and control. Provides that such program may include projects such as: (1) air monitoring and emission testing; (2) pesticides inventory and control; (3) water quality and supply sampling and monitoring; (4) technical libraries and public information projects; (5) carcinogenic surveys and followup; (6) hazardous materials routing surveys; (7) health screening in rural areas and among migrant workers; and (8) noise abatement and control. Directs the Administrator to: (1) submit to Congress, within 180 days after enactment of this Act a report identifying projects which serve the purpose of the program; (2) consult with representatives of State and local environmental agencies concerning ways to implement this Act; and (3) utilize the talents of older Americans available for project participation and consult with the Secretary of Labor and the Administrator of the Administration on Aging to ensure coordination with similar projects under the Older Americans Act of 1965 or the Job Training Partnership Act. Authorizes the Administrator to make grants to and cooperative agreements with, public and private institutions and individuals to carry out the program under this Act. Prohibits the Administrator from making any grants to, or agreements with, any State or local environmental agency for any activities which would take the job of any agency employee or impair any existing contract for services. Authorizes appropriations to the Administrator for FY 1983 through 1986 to carry out the administrative provisions of this Act. Provides that environmentally related programs described under this Act shall be eligible for funding made available through title V of the Older Americans Act of 1965 and and title IV of the Job Training Partnership Act.

Great Lakes Protection Act of 1983

United States · United States Congress · 17 February 1983

Amends the National Ocean Pollution Planning Act of 1978 to authorize appropriations for FY 1984 and 1985 to the National Oceanic and Atmospheric Administration to carry out such Act.

Home Health and Safety Act of 1983

United States · United States Congress · 15 February 1983

Home Health and Safety Act of 1983 - Prohibits manufacturers of cigarettes or little cigars from adding substances which permit the continued burning of such cigarettes or little cigars if left unattended. Establishes a fine of not less than $10,000 for a violation of this Act. Grants district courts jurisdiction to restrain violations of this Act.

A bill to eliminate Coast Guard responsibilities regarding marine sanitation devices on small vessels, and for other purposes.

United States · United States Congress · 10 February 1983

Amends the Federal Water Pollution Control Act to exempt vessels which are 65 feet or less in length from a requirement to have a marine sanitation device in operation. Prohibits any State or local government from prohibiting or regulating the discharge of sewage in waters of such State from any such vessel, with the following exception. Permits a State to prohibit the discharge of sewage which has not been treated with a marine sanitation device meeting specified Federal standards and regulations from such a vessel which is equipped with installed toilet facilities, but makes any such State prohibition inapplicable to a vessel registered in another State while such vessel is engaged in interstate travel.

Acidic Deposition Study and Ecosystem Mitigation Act

United States · United States Congress · 10 February 1983

Acidic Deposition Study and Ecosystem Mitigation Act - Amends the Clean Air Act to provide for a program of acidic deposition analysis and mitigation. Directs the Administrator of the Environmental Protection Agency to study and report, within the five-fiscal- year period following the submission of the final comprehensive research plan under the Acid Precipitation Act of 1980, on acidic deposition to specified congressional committees. Sets forth required inclusions and procedures for such report. Authorizes the Administrator to make grants to any State or interstate agency to develop and implement on-site methods of mitigating the harmful effects on ecosystems resulting from high acidity which may be due to acidic deposition. Limits such grants to 75 percent of project costs. Authorizes appropriations to the Administrator for the five fiscal years following the enactment date of this Act for the preparation of such report and the making of such grants.

A bill to amend the Clean Air Act to prevent the interstate transport of noxious odors.

United States · United States Congress · 8 February 1983

Amends the Clean Air Act to prohibit the interstate transport of noxious odors.