Environment

An original bill to authorize appropriations for environmental research, development, and demonstrations for the fiscal year 1986.

United States · United States Congress · 15 May 1985

Authorizes appropriations to the Environmental Protection Agency for FY 1986 for environmental research, development, and demonstration activities authorized under: (1) the Clean Air Act; (2) the Federal Water Pollution Act; (3) the Safe Drinking Water Act; (4) the Solid Waste Disposal Act; (5) the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) (hazardous waste activities); (6) the Federal Insecticide, Fungicide, and Rodenticide Act; (7) the Public Health Service Act (radiation activities); (8) interdisciplinary activities provisions; (9) the Toxic Substances Control Act; (10) energy research programs; and (11) program management and support.

MEMORANDUM Establishment of a Fifth ECSC Research Programme on "Technical Control of Nuisances and Pollution at the Place of Work and in the Environment of Iron and Steel Works" (submitted to the Council by the Commission)

European Union · European Commission · 15 May 1985

Clean Water Act Amendments of 1985

United States · United States Congress · 14 May 1985

Clean Water Act Amendments of 1985 - Title I: Regulatory Amendments - Amends the Clean Water Act to authorize appropriations through FY 1989. Directs the Administrator of the Environmental Protection Agency to award an annual grant to support a National Clearinghouse on small flows and innovative or alternative technologies information. Extends for four years, through July 1, 1988, the outside compliance dates for direct dischargers to: (1) achieve best available technology (BAT) effluent limitations for toxic pollutants and nonconventional pollutants; (2) achieve best conventional technology (BCT) for specified conventional pollutants; and (3) meet effluent limitations through best practicable control (BPT) or according to permit requirements based on best judgment. Revises eligibility requirements for a municipal treatment facility to receive an ocean discharge waiver. Requires such works to be in compliance with applicable pretreatment requirements and, if serving a population of 5,000 or more, to be enforcing a toxic pollutant control program for industrial pollution comparable to Federal categorical pretreatment standards. Requires such a facility to be providing a minimum of primary treatment of its municipal effluent, including disinfection when appropriate, at the time of the waiver application. Requires the affected marine waters to exhibit the physical and tidal characteristics sufficient for effective flushing action. Requires the level of effluent concentration in saline estuarine waters to be nondeleterious to marine life and use. Permits a municipal facility, subject to specified conditions, to apply for an ocean waiver under a contract made prior to December 31, 1982, if it discharged its sewage into another municipal facility which itself has applied for an ocean waiver. Authorizes the Administrator, with the concurrence of the State, to modify effluent limitation guidelines or categorical pretreatment standards for a facility if the facility can demonstrate its fundamental difference with respect to certain factors and that the application of alternative requirements will not be significantly more adverse to the environment than if the original standards were applied. Sets forth procedures and fee requirements. Requires States to identify bodies of water within or adjacent to them which will not meet State water quality standards because of toxic pollutants after the implementation of BAT. Requires the Administrator within two years of this Act's enactment to develop guidelines for such identification and for measuring water quality criteria for toxic pollutants on other than pollutant-by-pollutant criteria, using biomonitoring assessment techniques. Directs the States to establish numerical criteria, based on EPA's national water quality criteria, for toxic pollutants which could otherwise interfere with designated water uses. Permits such criteria to include the use of biological monitoring or assessment methods. Directs a State, within two years of identifying post-BAT toxic polluted waters, to establish effluent limitations for point sources discharging into such navigable waters, incorporating such limitations into discharge permits and taking substantial nonpoint source pollution into account. Requires compliance within three years of the limitations' establishment and the consideration of public health as a factor when establishing such limitations. Permits the Administrator, with State concurrence, to modify effluent limitations: (1) if a non-toxic polluter demonstrates that complete compliance does not satisfy a reasonable cost-benefit analysis; or (2) for five years if a toxic polluter demonstrates that a modified maximum limitation within the polluter's economic means will result in reasonable progress to post-BAT water quality standards. Directs the Administrator, within one year of this Act's enactment and then biennially, to publish guidelines for effluent limitations for toxic pollutants for industrial categories currently without such guidelines. Revises national pollutant discharge elimitation systems (NPDES) permits to require a publicly-owned municipal treatment works to meet the requirements of its permits through its own efforts rather than through mandatory pretreatment of conventional pollutants by indirect dischargers. Increases the daily, judicially-imposed civil penalty for violations of the Clean Water Act. Authorizes the Administrator to assess additional civil penalties daily, up to a specified amount, subject to review procedures. Increases criminal penalties for knowing violations of the Clean Water Act to the felony level and establishes criminal penalties for introducing harmful substances into sewer systems or publicly-owned treatment works. Revises the NPDES to permit the Administrator to delegate a portion of such system to a State with an approved plan for assuming administration of the entire program within five years or for administering one or more discharge categories. Provides for the return of such system to the Federal Government at a State's or the Administrator's behest. Revises venue provisions to permit an applicant for judicial review of certain Administrator actions to bring suit in the U.S. Court of Appeals for the Federal district in which such applicant has its principal place of business or where such applicant transacts the business which is directly affected by the action in question. Increases the appeal period. Provides a random selection procedure to determine the forum when reviews of a particular EPA action have been filed in more than one court. Empowers the court to award attorney's fees to a prevailing or substantially prevailing party. Requires States to develop Administrator-approved nonpoint source pollution management programs identifying: (1) the waters prevented from meeting applicable standards by such pollution; (2) the categories of such pollutants; (3) the best management practices to institute; (4) an implementation schedule; (5) any additional State authorities necessary for the program, including an implementation schedule for acquiring such authorities; and (6) the effect of existing Federal programs on such program. Provides for resubmission of rejected programs which are subsequently modified. Directs the Administrator to develop a program for any State which fails to do so and report on such actions to the Congress. Directs the Administrator to make grants to States of up to 75 percent of implementation costs if remaining funds are non-Federal. Sets forth a per State allotment schedule, reserving one-third of the available funds for particularly difficult problems, innovative technology, interstate pollution, ground water contamination assessment, and Indian tribes. Directs the Administrator to reallot unobligated funds. Sets forth conditions on fund usage. Authorizes appropriations for FY 1986 through 1988. Requires each State to report to the Administrator annually on its progress. Directs the Administrator to transmit to the Office of Management and Budget and the appropriate Federal departments and agencies a list of those assistance programs and development projects identified by States for which individual assistance applications and projects will be reviewed. Requires each Federal department and agency to modify existing regulations to allow States to conduct such review and accommodate the concerns of the State regarding the consistency of such applications or projects with the State program. Directs the Administrator to collect and make available information pertaining to management practices and implementation methods. Directs the Administrator, within three years of this Act's enactment, to report to the Congress on the State management programs and the grants. Earmarks funds for such programs. Directs the Administrator to convene an estuarine management conference for up to five years whenever the environmental integrity of an estuary requires interstate or international control of sources of pollution. Requires such conference to evaluate trends and causes of environmental problems and to develop and monitor a comprehensive conservation and management plan. Authorizes the use of Federal funds for such conferences and for the implementation of the plan. Requires any State or agency receiving such funding to report biennially to the Administrator. Exempts from permit requirements and effluent limitations, certain stormwater runoff discharges from mining operations or oil or gas exploration, production, processing, or treatment operations. Requires exempted run-offs to be a product of precipitation flows or systems designed to collect or convey such water. Requires that such run-offs be uncontaminated (as determined by the Administrator). Sets forth anti-backsliding requirements relating to renewal or reissuance of NPDES permits. Revises the sewage sludge disposal timetable. Directs the Administrator to identify in two stages, 10 months apart, starting April 1, 1986, those toxic pollutants which may be present in sewage sludge in concentrations which may adversely affect public health or the environment. Directs the Administrator to propose regulations specifying acceptable management practices and establishing numerical limitations for each such pollutant. Requires promulgation of such regulations within one year. Authorizes the Administrator to promulgate a design, equipment, management practice, or operational standard for certain pollutants if a numerical limitation is not feasible and the same protection can be achieved. Requires NPDES permits to include requirements for the use and disposal of sludge, and provides for implementing such regulations. Authorizes the Administrator to issue a permit to implement such regulations to a facility not subject to NPDES. Directs the Administrator to finally resolve disputes between States as to whether a proposed or already permitted discharge or a discharge not subject to permit in one State would or does violate water quality standards or adversely affect public health in another State. States that nothing in the Clean Water Act preempts redress mechanisms available under State or Federal statutes. Applies State law in cases of interstate pollution. Permits the town of Hampton, New Hampshire, to continue using its ad valorem tax user charge system for collecting the costs of operation and maintenance of its sewage treatment works in satisfaction of specified requirements for grants for treatment works. Requires the Administrator to review such system for compliance with other requirements. Imposes a cap on raw sewage discharges from the drainage areas of the North River plant, Manhattan, New York, and the Red Hook Plant, Brooklyn, New York, into navigable waters (the Hudson-Raritan Estuary) if New York City fails to meet the deadlines for achieving advanced preliminary treatment contained in the consent decree of December 30, 1982 (August 1, 1986, for the North River plant; August 1, 1987, for the Red Hook plant). Permits the Administrator to raise such cap for seasonal variations, natural disasters, or other circumstances beyond the control of the city of New York. States that violations of this Act shall be considered violations of the Clean Water Act, as well as of the consent decree. Expresses the sense of the Congress that the Administrator should not agree to any further modification of the advanced preliminary treatment schedule in the consent decree. Directs the Administrator to work with New York City, implement monitoring activities for both plants, and commence enforcement actions in the event of unexcused violations. Directs the Administrator of the Environmental Protection agency (EPA) to continue the Chesapeake Bay Program and establish an Office within EPA to: (1) collect and disseminate research and other information on the environmental quality of the Bay; (2) coordinate Federal research efforts; (3) conduct research on sediment deposition in the Bay; and (4) conduct research on how environmental changes effect the living resources of the Bay, with particular emphasis on the impact of pollutant loadings. Directs the Administrator to make a grant to a State affected by the interstate management plan developed under the Bay Program to implement management mechanisms in the plan if the State has approved and is committed to implementing all or substantially all aspects of the plan. Requires a State or combination of States, in order to qualify for such grants, to submit a plan for proposed abatement actions to reduce Bay pollution and meet applicable water quality standards and of estimated costs for the approval of the Administrator. Limits such grants to 55 percent of the plan implementation costs. Limits administrative costs. Requires States to submit progress reports biennially to the Administrator for transmittal to the Congress. Authorizes appropriations for FY 1986 through 1988. Establishes the already existing Great Lakes National Program Office within EPA. Requires such Office to be located in a Great Lakes State. Requires such Office to carry out the responsibilities of the United States under the Great Lake Water Quality Agreement of 1978, monitor the water quality of the Great Lakes, and serve as a liaison with the International Joint Commission's Canadian members. Directs the Office to develop a five-year plan for reducing the amount of nutrients introduced into the Lakes and a five-year study and demonstration project program for the control and removal of toxic pollutants. Directs the Administrator to report annually to the Congress on Great Lakes' water quality. Requires interagency cooperation and reporting with such programs. Authorizes appropriations for FY 1986 through 1990. Directs each State to report biennially to the Administrator on the water quality of the publicly-owned lakes. Directs the Administrator to conduct and report to the Congress on a comprehensive study of pollution in Lake Pend Oreille, Montana and Idaho. Title II: Construction Grant Amendments - Extends the authorization of appropriations for five years, through FY 1990, in decreasing amount for grants to States for the construction of publicly owned waste treatment plants. Allocates such funds among the States based upon need. Permits communities applying for construction grant assistance to enter into an agreement with the Administrator to erect treatment works under alternate design-build grant management procedures, subject to specified limitations. Continues through FY 1990 the requirement that between four and seven and one-half percent of allotted funds be reserved to increase the Federal share for innovative and alternative projects. Requires the reserve of one-and-one-half percent of specified funds for marine combined sewer overflow problems and estuaries. Directs the Administrator to assess the sewage treatment needs of Indian tribes, reporting to the Congress within one year. Authorizes the Administrator to reserve up to one-half of one percent of specified funds for Indian needs after FY 1986. Authorizes the Administrator to treat Indian tribes specially or as States as required to meet such tribes' sewage treatment needs. Adds a new title VI: Grants for Water Pollution Control Revolving Funds. Authorizes appropriations for FY 1989 through 1994 for capitalization grants to States which establish Water Pollution Control Revolving Funds which would gradually take over the Federal program. Requires a participating State to: (1) enter into agreements with the Administrator; (2) establish the required Fund; (3) deposit in its Fund from State monies an amount equal to 15 percent of the capitalization grant; (4) make loan commitments for publicly-owned waste treatment plants within one year which commit all of the Fund; (5) submit required annual and intended use reports; and (6) comply with generally accepted procedures and standards. Sets forth permitted uses of the Fund. Authorizes the Administrator to reallot a noncomplying State's capitalization grant. Sets forth required accounting procedures. Directs the Administrator to review annually each State plan and report for using the Fund. Authorizes a State to use Federal grant funds to set up a Water Pollution Control Revolving Fund upon request. Directs the Administrator to report to the Congress by February 10, 1990, on the operation of the State Funds.

Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1986

United States · United States Congress · 14 May 1985

Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1985 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to declare that findings and determinations of the arbitrator in disputes concerning compensation for the use of pesticide data shall be reviewable by the appropriate United States court of appeals. (Currently the arbitrator appointed by the Federal Mediation and Conciliation Service makes the final and conclusive determination.) Makes technical and clarifying amendments with respect to the classification for general and restricted use of pesticides. Describes rulemaking proceedings for the determination of whether a pesticide product causes unreasonable adverse effects on the environment and the terms of registration under which such product may be distributed, sold, or used. Prohibits the Administrator of the Environmental Protection Agency from issuing a notice of intent to cancel the registration of a product unless: (1) a final rule has been published which concludes that use of the product poses unreasonable adverse effects on the environment; (2) a determination is made that the question of adversity would be more quickly and efficiently answered in an adjudicatory hearing; or (3) such notice is issued on or before October 2, 1988, and concerns a product under an investigation commenced on or before October 2, 1986. Limits the scope of hearings based on a pesticide's noncompliance with regulations issued after October 2, 1985, under this Act, to: (1) whether the product complies; (2) whether the regulation is applicable; or (3) whether the regulation is unreasonable based on current information. Revises the procedure for canceling the registration of noncomplying pesticides. Eliminates provisions which require a fact-finding hearing prior to a cancellation. Authorizes the Administrator to issue a notice of intent to cancel the registration of a pesticide product, if such product's registration is based on false, inaccurate, or misleading information. Declares that a suspension order may prohibit the distribution, sale, or use of a pesticide product. Makes conforming amendments to provisions concerning public hearings and scientific review of pesticide products. Authorizes the Administrator to issue regulations governing the right to a hearing with regard to the denial of any application for the registration of a pesticide product containing an ingredient which was subject to a prior notice of intent to cancel. Authorizes any person to petition the Administrator to cancel or suspend the registration of a pesticide product. Includes among persons required to maintain pesticide records, any producers, registrants, applicants for registration, applicants or holders of experimental use permits, pesticide testing facilities, commercial applicators, and persons who distribute or sell pesticides. Revises provisions relating to the authority of the Administrator to make inspections under this Act. Allows State officers or employees designated by the Administrator to conduct inspections. Exempts determinations to disclose information on inert ingredient statements from procedures to be used when the Administrator proposes to disclose information on product formulas. Sets forth conditions for disclosure to States and foreign governments. Revises current provisions regarding unlawful acts and penalties. Prohibits indemnity payments to owners of pesticide products whose registrations are suspended after the effective date of this Act. Provides for judicial review of regulations issued under this Act in the appropriate court of appeals or in the United States Court of Appeals for the District of Columbia. Provides that after October 1, 1985, the Administrator will not be responsible for the disposal of a pesticide when the registration of such pesticide is cancelled. Declares that the Administrator, in implementing this Act, shall not be deemed to be exercising authority to prescribe or enforce workplace standards affecting occupational safety and health. Authorizes registrations issued by States for special local needs to terminate without cancellation hearings. Replaces congressional veto provisions with a 60-day delay period after promulgation of pesticide regulations.

A bill authorizing the Secretary of the Interior to preserve the ecology of the Nassau River valley marshlands in the State of Florida, to enhance the protection and interpretation of important historic and prehistoric sites in the vicinity of the Nassau, St. Marys and St. Johns River valleys, Florida, and for other purposes.

United States · United States Congress · 14 May 1985

Provides that the Fort Caroline National Memorial shall serve as the principal interpretive center and administrative facility for such ecological and historic and prehistoric sites as may be identified or administered by the Secretary of the Interior in the vicinity and in the Nassau, Saint Marys, and Saint Johns River Valleys. Directs the construction and maintenance of a museum for the display of important artifacts and materials that illustrate the history and prehistory of the region. Establishes the Nassau River Ecological Preserve. Authorizes the Secretary to acquire lands, submerged lands, and interests therein and improvements thereon within the preserve by donation, purchase with donated funds, or exchange. Requires the Secretary to administer the preserve in such a manner as to protect the natural ecology of its land and water areas, except that hunting, fishing, and trapping in accordance with Federal and State laws shall be permitted. Provides that the Secretary shall acquire by donation or purchase with donated funds historic sites or properties in the area of northeastern Florida. Provides that acquisition of such sites or properties may only be made after a determination that such action is necessary to protect historical assets from irreparable and significant damage. Provides for an integrated administration and interpretation of the Nassau River Ecological Preserve with the Fort Caroline National Monument. Authorizes appropriations.

Water Quality Renewal Act of 1985

United States · United States Congress · 14 May 1985

Water Quality Renewal Act of 1985 - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for the publicly-owned treatment works construction grants program and for the implementation of such Act through FY 1986.

A bill to amend the Coastal Zone Management Act to establish a planning and management process for estuaries of national significance.

United States · United States Congress · 14 May 1985

Amends the Coastal Zone Management Act of 1972 to allow the Governor of any State to nominate an estuary lying in whole or in part within the State as an estuary of national significance for the purpose of convening a management conference to develop a special area management plan for the estuary. Requires the Secretary of Commerce, in consultation with the Administrator of the Environmental Protection Agency, to review all nominations and designate those estuaries of national significance for which special area management plans should be developed. Specifies factors to be taken into consideration for purposes of making such a designation. Requires the Secretary to convene a management conference for each estuary so designated in order to develop a special area management plan for the estuary. Provides that, at the conclusion of such conference, the Secretary and the participating State Governor shall review the plan and approve it by consensus. Requires participating States to incorporate such plan into their federally approved Coastal Zone Management Programs. Requires participating States without federally approved Coastal Zone Management Programs to submit a detailed description of the implementation process for such a plan to the Secretary for certification. Authorizes the Secretary to make grants to States and interstate agencies participating in a management conference to develop the special area management plans. Provides that the amount of such grants shall not exceed 50 percent of the annual cost incurred by the State or agency. Authorizes appropriations.

Feststellungen über das Auto in dem vom Umweltbundesamt herausgegebenen Buch über Auto und Umwelt; Rechtfertigung des Begriffs "umweltfreundliches Auto" (G-SIG: 10048460)

Germany · German Bundestag · 10 May 1985

A bill to amend the Comprehensive Environmental Response, Compensation and Liability Act of 1980 to provide funding for certain health assessments, and for other purposes.

United States · United States Congress · 9 May 1985

Amends the Comprehensive Response, Compensation, and Liability Act of 1980 to require that an amount equal to the lesser of five percent expended from the Hazardous Substance Response Trust Fund or $50 million be earmarked annually to the Agency for Toxic Substances and Disease Registry to study the health effects of hazardous waste dumps, either directly or through grants to the States. Requires that the Administrator of the Agency for Toxic Substances and Disease Registry give priority, in determining sites for health assessments, to those facilities or sites at which there is documented evidence of release of hazardous constituents, and reasonable cause to believe there has been such a release. Provides that where the health assessment discloses the exposure of a population to the release of a hazardous substance, the cost of such health assessment may be recovered from persons responsible for such release of such hazardous substances.

A bill relating to the availability, under federal law, of remedies for damages caused by pollution.

United States · United States Congress · 8 May 1985

Amends the Marine Protection, Research, and Sanctuaries Act of 1972, the Federal Water Pollution Control Act, and the Comprehensive Environmental Response, Compensation, and Liability Act to provide that nothing in these Acts shall modify the rights or liabilities of any person under other Federal law with respect to damages caused by the release of a hazardous substance.

A bill to amend the Federal Water Pollution Control Act to permit the Administrator of the Environmental Protection Agency to change a State's priority list of wastewater construction projects if the Administrator determines that Federal funds for such projects have not been equitably distributed within such State.

United States · United States Congress · 8 May 1985

Amends the Federal Water Pollution Control Act (the Clean Water Act) to authorize the Administrator of the Environmental Protection Agency to modify a State's priority list for the allotment of Federal funds for the construction of publicly-owned treatment works if the Administrator determines that over a period of ten years such funds have not been equitably distributed. Requires public hearings and notice to the State's Governor before any such modification is made.

A bill to extend the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, for one year.

United States · United States Congress · 6 May 1985

Amends the Federal Insecticide, Fungicide, and Rodenticide Act to authorize FY 1986 appropriations for pesticide control.

Environmental Research, Development, and Demonstration Authorization Act of 1985

United States · United States Congress · 2 May 1985

Environmental Research, Development, and Demonstration Authorization Act of 1985 - Authorizes appropriations to the Environmental Protection Agency (EPA) for FY 1986 for research, development, and demonstration activities authorized under: (1) the Clean Air Act; (2) the Federal Water Pollution Act; (3) the Safe Drinking Water Act; (4) the Solid Waste Disposal Act; (5) the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); (6) the Public Health Service Act (radiation activities); (7) interdisciplinary activities provisions; (8) the Toxic Substances Control Act; (9) energy research; (10) acid rain research programs; and (11) the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) (hazardous waste activities). Authorizes appropriations to the EPA Office of Research and Development for FY 1986 for program management and support. Sets forth permissible uses of such funds. Provides for congressional oversight of transfers of funds between categories. Prohibits the Administrator of the EPA from using any funds appropriated under this Act for a reduction-in-force, unless the Administrator has provided certain information to the Congress in advance. Directs the Administrator of the EPA to establish and maintain a separately identified program of continuing long-term environmental research and development that will support and contribute to each research category for which appropriations are authorized under this Act. Requires that at least 15 percent of such funds be obligated for such long-term research and development. Directs the Administrator to report annually on the performance of such long-term research and development programs to the appropriate congressional committees at the time the President's budget is submitted to the Congress. Directs the Administrator to carry out a research program with respect to indoor air quality. Requires that such program be designed to: (1) gather data and information on all aspects of indoor air quality in order to contribute to the understanding of health problems associated with the existence of air pollutants in the indoor environment; and (2) coordinate Federal, State, local, and private research, development, and demonstration efforts relating to the improvement of indoor air quality. Authorizes the Administrator to establish committees of representatives of appropriate Federal agencies and advisory groups of representatives of the scientific community, industry, and public interest organizations to assist in carrying out such indoor air quality research program. Directs the Administrator to consult and coordinate with State and local officials and other interested parties having concerns related to such program. Directs the Administrator to submit to the Congress an indoor air quality research implementation plan within 90 days after enactment of this Act and a final report within two years of such enactment after consulting the National Academy of Sciences.

A bill to amend the Clean Air Act to prohibit the Environmental Protection Agency from adopting regulations regarding lead additives in gasoline which are more stringent than the regulations in effect on January 1, 1985.

United States · United States Congress · 2 May 1985

Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency from requiring less lead in gasoline than is required as of January 1, 1985.

A bill entitled the "Ocean Incineration Research Act of 1985".

United States · United States Congress · 1 May 1985

Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the Administrator of the Environmental Protection Agency (EPA) from issuing a permit authorizing the incineration of hazardous waste at sea before the Congress receives a hazardous waste reduction and management feasibility report and plan and recommendations from the Administrator to assure that responsible parties are held liable and pay cleanup costs and damages, and the Administrator issues final permit regulations based upon such report and plan and public comments. Directs the Administrator to contract with the Office of Technology Assessment to prepare within three years of this Act's enactment a hazardous waste reduction and managment feasibility report which includes: (1) descriptive surveys of location and types of hazardous wastes and hazardous waste streams; (2) alternative storage and land-based technologies; (3) an assessment of wastes released into the environment and the impact of at sea incineration on human health and the marine environment; (4) epidemiological studies; and (5) an analysis of the transportation impacts for the land or barge transport of the hazardous wastes to the loading site for ocean incineration. Directs the Administrator to submit to the Congress within three years of the report a hazardous waste reduction and management plan which includes: (1) a comprehensive waste management plan; (2) coordination with Federal agencies for major spills of hazardous waste in port, in transit, and during incineration at sea; and (3) legislation which encourages the development of environmentally sound hazardous waste reduction and treatment technologies. Requires the Administrator to involve the public in formulating this plan through hearings and comment. Directs the Administrator to submit to the Congress transcripts of public hearings together with EPA's written response. Authorizes appropriations.

Superfund Amendments of 1985

United States · United States Congress · 29 April 1985

Superfund Amendments of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to include petroleum when designated as a hazardous substance under the coverage of such Act, including any petroleum which is released from an underground storage tank. Establishes within Superfund the Leaking Underground Storage Tank Account for expenditures required for response actions for releases or threatened releases of petroleum which is designated a hazardous substance. Directs the Secretary of the Treasury to transfer eight and one-half percent of Superfund monies into such Account.

Stärkung und Verstetigung der Bautätigkeit (G-SIG: 10002516)

Germany · German Bundestag · 26 April 1985

Aufstockung der Mittel für die Städtebauförderung, Förderung von Modernisierung und Energieeinsparung im Gebäudebestand, Fortführung des Fernwärmeausbauprogramms, Erhöhung des Anteils der Gemeinden an der Einkommensteuer von 15 auf 16 v.H., Ausbau der Gewerbesteuer, steuerliche Förderung selbstgenutzten Wohneigentums schon zum 1.1.1986, Verbesserung der Konditionen für das Bausparen, Ausschöpfung der im Haushalt vorgesehenen Mittel für den Wohnungsbau, Einrichtung eines Sondervermögens Arbeit und Umwelt bei der Kreditanstalt für Wiederaufbau

A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide a system to compensate individuals injured by exposure to hazardous substances.

United States · United States Congress · 25 April 1985

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include within the definition of "remove and removal" the cost of permanent relocation of residents where it is determined that such permanent relocation is cost effective or may be necessary to protect health or welfare. Provides that expenses related to evacuation and housing for families and individuals includes the payment of the principal and interest on the home mortgage which accrues between the date of evacuation and temporary relocation and the date on which the temporary relocation ceases and payment of those costs necessary to meet the serious needs of such individual or family arising from the adverse effects of the evacuation or temporary relocation. Provides that expenses related to evacuation of businesses includes the payment of those installments or principal and interest on business debt which accrue between the date of evacuation and relocation 30 days following the date of permanent relocation or the date on which temporary relocation ceases. Permits assistance for unemployed individuals as a result of an evacuation or relocation. Provides compensation for injury from exposure to certain hazardous substances. Permits individuals who allege that they have sustained damages for which compensation payable under this Act to file an application for such compensation with the Administrator of the Environmental Protection Agency (EPA). Directs the Administrator to pay compensation to individuals who establish by a preponderance of the evidence that they have suffered physical injuries or illnesses which were caused by an exposure to a hazardous substance: (1) from a facility or site where it was stored, treated, or disposed of; or (2) during transportation to such a facility or site. Directs the Administrator to pay compensation to dependents of deceased individuals if such dependents establish to the satisfaction of the Administrator that the death of such deceased individual was caused by any such exposure. Provides that compensation to individuals who have suffered a physical injury or illness shall consist of: (1) a payment or reimbursement for all medical costs incurred in connection with the physical injury, illness, or death concerned; and (2) an amount equal to two-thirds of the injured, ill, or deceased person's earnings which are lost by reason of the physical injury, illness, or death. Limits such compensation for loss of earnings to $2,000 per month. Provides that compensation to dependents shall be equal to such compensation for medical costs and loss of earnings, plus reasonable burial expenses. Directs the administrator to: (1) promulgate rules regarding equitable allocation of compensation payable where there are two or more dependents; and (2) compute the amount of compensation to be awarded to any applicant and determine the method, terms, and time of payment. Provides that payments made under this Act shall be charged against amounts available in funds established under this Act (i.e. the Victims Compensation Trust Fund or, where the Administrator determines that the exposure was attributable to a facility which had received a permit under hazardous waste management provisions of the Solid Waste Disposal Act, the Post-Closure Victims Trust Fund). Provides that claims against either of such funds which are in excess of the total money in the fund concerned shall become valid and shall be paid in the same manner as provided under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Sets forth procedures for determination of claim payments. Directs the Administrator to: (1) use the procedures used by the Secretary of Health and Human Services in determining entitlement to disability insurance benefit payments; and (2) arrange with the Secretary to use the personnel and office of the Social Security Administration for administration and determination of claims filed under this Act. Sets forth provisions relating to presumption of causation. Sets forth factors relevant to the issues of causation. Sets forth requirements relating to medical tests, examinations, and other investigations, and to hearings with respect to such claims. Requires that, whenever such a claims payment is made to an applicant, the United States be: (1) subrogated to the rights of such applicant under any other provisions of law (including provisions of this Act relating to the liability of certain persons) for the full amount of such payment; and (2) entitled to recover all administrative and adjudicative costs and attorneys fees incurred by the United States by reason of the applicant's claim. Directs the Attorney General to protect and enforce such rights of subrogation. Requires that amount thus recovered by the United States be deposited in the funds established under this Act, as may be appropriate based on the source of the funds used to pay the claim involved. Sets forth provisions for judicial review of final determinations made by the Administrator under this Act. Sets forth provisions for recovery of an additional amount in a subsequent claim by an individual who establishes that an additional physical injury or illness: (1) was caused by such exposure; and (2) was not known to the individual at the time the prior claims application was made. Prohibits entitlement to compensation in the case of any applicant who, by action or inaction, intentionally causes or contributes to the injury, illness, or death on which the claim is based. Sets forth conditions for such prohibition. Provides that, with certain exceptions, any person who is responsible for the release of a hazardous substance from a facility is strictly liable, jointly and severally, for: (1) all damages for actual economic loss and (2) all damages for death, personal injury or disease. Precludes liability for damages resulting from the release of a pollutant or contaminant which is not a hazardous substance. Provides that there is no liability under this Act for death, personal injury, or disease of an employee which is compensable under provisions of State law as an injury or disease arising out of and in the course of employment. Subjects the liability of a political subdivision to the limits imposed by state law. Exempts any person who accepts only household refuse for transport to a treatment or disposal facility from liability under this Act for the release or threatened relase of hazardous substances unless he knew or reasonably should have know that the hazardous substance was present in the refuse. Provides that a defense to liability may be that the release or threatened release of the hazardous substance was caused by: (1) an act of God: (2) an act of war; (3) an act of vandalism or sabotage; or (4) an act or ommission of a third party or the plaintiff. Treats the intervening acts of public agencies in the release or threatened release of a hazardous substance as removing the responsibility for the release of the hazardous substance from the persons responsible for the release. Considers releases of hazardous substances subject to certain permits or standards or pursuant to the Federal post-closure fund to be a defense to liability under these provisions. Provides that rendering assistance in response actions to any release or threatened release of a hazardous substance will be considered a defense to liability. Requires the person claiming a defense to liability to prove all elements of the defense by the preponderance of the evidence. Prohibits a court, in an action to recover damages for death, personal injury, or disease arising out of the release of a hazardous substance, from directing the verdict against the plaintiff if the plaintiff produced evidence sufficient to find that: (1) the defendant is a person who is responsible for the release; (2) the plaintiff was exposed to the hazardous substance; (3) the release could reasonably have resulted in plaintiff's exposure to the substance in the amount and duration experienced by the plaintiff, and (4) the death, injury, or disease suffered by the plaintiff is caused or significantly contributed to by exposure to the hazardous substance in an amount and duration experienced by the plaintiff. Permits the trier of fact to apportion liability among the parties involved in the action. Sets forth factors to be considered in apportioning liability. Permits a party who establishes his proportionate share of the aggregate liability to seek appropriate contribution from other persons sharing such liability. Prohibits any owner or operator of a facility or any other person who may be liable under this Act to avoid that liability by means of any conveyance of any right, title, or interest in real property or by an indemnification, hold harmless agreement, or similar agreement. Establishes a ten year statute of limitations for bringing suit for damages under this Act. Sets forth factors the court may use in determining when the cause of action accrues. Provides that nothing in these provisions should be construed to abolish or diminish any remedy or affect the right of any person to bring a legal action or use any remedy available under any other provision of state or federal law to recover for personal injury, disease, economic loss or response cost arising out of a release of any hazardous substance, or for removal or the cost of removal of that hazardous substance. Prohibits recovery of damages pursuant to these provisions and another law. Permits the awarding to the prevailing party any costs, disbursements, and reasonable attorney fees and witness fees. Establishes the Victims Compensation Trust Fund in the Treasury. Appropriates to such fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the additional environmental taxes; and (2) the amounts recovered on behalf of such fund and penalties assessed under this Act. Authorizes appropriations to such fund for FY 1986 through 1992. Sets forth administrative provisions and requirements relating to expenditures from such fund. Establishes the Post-Closure Victims Trust Fund in the Treasury. Sets forth administrative provisions and requirements for expenditures from such fund. Amends the Internal Revenue Code to impose additional environmental taxes on petroleum and certain chemicals. Provides that such taxes shall be imposed until the earlier of: (1) September 30, 1990; or (2) the date on which the total amount received in the Victims Compensation Fund through such taxes and through specified other sources totals a specified amount. Amends the Internal Revenue Code to impose an additional environmental tax on the receipt of hazardous waste at a qualified hazardous waste disposal facility. Provides that such tax shall apply to such receipt after September 30, 1985. Provides that if, as of September 30 of any subsequent calendar year, the unobligated balance of the Post-Closure Victims Trust Fund exceeds a specified amount, such tax will not be imposed during the following calendar year.

Hazardous Substance Response Act of 1985

United States · United States Congress · 24 April 1985

Hazardous Substance Response Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) and the Internal Revenue Code to add provisions for the imposition of an environmental excise tax on the disposal or long-term storage of hazardous waste. Sets such tax at: (1) $45 for each ton of hazardous waste disposed of by landfill, in waste piles, or by surface impoundment; (2) $25 for each ton of hazardous waste which is disposed of by ocean dumping or land treatment; (3) $5 for each ton of hazardous waste which is disposed of by underground injection; and (4) $45 for each ton of hazardous waste which is placed in long-term storage. Allows the owner or operator of a qualified hazardous waste disposal or long-term storage facility to elect to pay a tax of $50 per ton in lieu of such schedule. Excludes from such tax wastes which are: (1) exempt from regulation as hazardous waste or not listed under specified provisions of the Solid Waste Disposal Act; (2) treated waste waters in a surface impoundment which is in compliance with water monitoring requirements for facilities with permits under the Solid Waste Disposal Act; and (3) being disposed of or stored by any person in the course of carrying out any removal or remedial action under CERCLA in accordance with an approved plan, removed from any facility listed on the National Priorities List, or removed from a facility for which notification has been provided to the Administrator of the Environmental Protection Agency pursuant to specified provisions of CERCLA. Imposes such tax on: (1) the owner or operator of the qualified hazardous waste disposal or storage facility; or (2) the person disposing of the hazardous waste, against regulations, at other than a qualified disposal or storage facility. Requires that a credit be allowed for any tax previously paid under this Act by the disposer or the deliverer to a qualified facility on the long-term storage of such hazardous waste. Presumes last in, first out for tax credit purposes for fungible waste placed in qualified storage. Imposes the excise tax prospectively only. Terminates such tax after FY 1990. Sets forth requirements for recordkeeping, statements, and tax returns for persons disposing of or storing hazardous waste for one year or more, consistent with requirements for reports to be submitted to the Administrator under the Solid Waste Disposal Act. Authorizes the Secretary of the Treasury to receive copies of reports such persons are required to make under the Solid Waste Disposal Act, the Marine Protection, Research, and Sanctuaries Act, or the Safe Drinking Water Act. Directs the Secretary to report annually to the Congress through January 1989 on the amount of revenues collected and the effectiveness of this Act in raising revenue and discouraging the environmentally unsound disposal of waste. Includes these revenues in the Hazardous Substance Response Trust Fund (Superfund).

A bill to permit citizens of any State to bring a Federal civil action against persons creating a public nuisance through the improper management of medical waste in another State.

United States · United States Congress · 24 April 1985

Amends the Solid Waste Disposal Act to prohibit any person from storing, transporting, or disposing of medical waste (solid waste derived from medical practices) in any State in a manner which causes or contributes to a threat to public health or safety, or a public nuisance, in any other State. Authorizes citizen suits in Federal district courts to enforce this prohibition.

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

United States · United States Congress · 23 April 1985

Amends the Clean Air Act to limit the manufacturer's warranty on emission control components on new vehicles and new motor vehicle engines to two years or 24,000 miles, whichever occurs first. (Currently the warranty covers the useful life of the vehicle.) Requires the manufacturer to warrant that the engine or motor vehicle is equipped with emission control components designed to conform to any applicable regulations under the Clean Air Act. Repeals the requirement of certification by manufacturers and rebuilders of motor vehicle parts or motor vehicle engine parts that use of such parts will not result in a failure of the vehicle or engine to comply with emission standards of the Clean Air Act. Provides that the term "emission control component" means only a catalytic converter, thermal reactor, or other component installed on or in a vehicle for the sole purpose of reducing vehicle emission and does not include vehicle components which were in general use prior to model year 1968. Eliminates the waiver provision which allows auto manufacturers to specify the use of one of their own parts for proper maintenance and use of the vehicle or engine. Preempts State laws in the area of warranties or prescribed maintenance requirements for new motor vehicles or their engines. Prohibits the removal or rendering inoperative of any part or component placed in or on a motor vehicle or motor vehicle engine for the sole purpose of controlling emissions, except as may be necessary for routine maintenance. Provides that the owner of any motor vehicle or motor vehicle engine warranted under this Act is responsible for the proper maintenance of such vehicle's or engine's emission control parts unless such parts are covered by any warranty not required by this Act. Provides that the prohibition against conditioning warranty coverage of a new motor vehicle or a new motor vehicle engine upon the use of the manufacturer's parts or systems shall not apply to warranty coverage of parts, systems, or services provided without charge under the terms of the purchase agreement.

Schutz von Mensch und Umwelt beim Transport gefährlicher Stoffe (G-SIG: 10051671)

Germany · German Bundestag · 19 April 1985

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

United States · United States Congress · 17 April 1985

Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize appropriations for FY 1986 and 1987 to carry out that portion of the Act relating to ocean dumping regulation.

A bill to review and extend certain provisions of the Federal Water Pollution Control Act, as amended, for five years, and for other purposes.

United States · United States Congress · 17 April 1985

Amends the Federal Water Pollution Control Act (the Clean Water Act) to extend the authorization of appropriations for five years, through FY 1990, for: (1) research on pollution prevention and elimination; (2) grants for State and interstate agency pollution control programs; and (3) the general implementation of the Act. Authorizes the Administrator of the Environmental Protection Agency (EPA) to make grants to Chesapeake Bay States for implementing management mechanisms contained in the comprehensive environmental plan. Sets forth application conditions and procedures. Limits such grants to 50 percent of costs. Requires recipient States to report annually to the Congress. Authorizes appropriations for such grants for FY 1986 through 1988. Authorizes appropriations for publicly-owned treatment works (POTWs) construction grants for FY 1986 through 1989. Revises eligibility requirements for such grants to restrict Federal funding to sequential phases or segments of a treatment facility, related interceptors, or correction of infiltration-inflow. Eliminates the use of Federal funds for sewer systems and overflows. Revises construction grant allotment procedures and formulas, eliminating set asides for: (1) rural areas; (2) innovative technologies; and (3) water quality management planning. Extends from July 1, 1984, to July 1, 1988, or three years after the establishment of effluent limitations guidelines, the deadline for industrial compliance with the best available technology and best conventional pollutant control technology (BAT/BCT) effluent limitations. Limits the Administrator's authority to modify effluent limitations for nonconventional pollutants to specified listed pollutants, permitting the Administrator to modify such list based upon a showing that adequate tests and data exist to determine that such modification will not interfere with the maintenance or achievement of required water quality standards. Revises modification request procedures. Amends the ocean discharge requirements for POTWs to restate that an applicant for modification must be in compliance with applicable pretreatment requirements by the time the modification is approved and must continue in compliance after such modification. Requires that modifications result in the discharge of effluent which has received at least primary or equivalent treatment (screening, sedimentation, and skimming). Exempts small and remote dischargers. Prohibits modifications in permits for discharges into saline estuarine waters receiving pollutant loading from multiple sources and showing signs of environmental stress. Establishes a deadline for the submission of permit modification requests for innovative technology. Authorizes the Administrator, or the State if appropriate, to grant a stay of up to six months, with a possible six-month extension, of permit conditions for which a modification has been requested if such stay will not result in an unacceptable risk to human health or the environment. Authorizes the Administrator to prescribe fees for permit modifications. Authorizes the Administrator, or the State if appropriate, to modify effluent limitations on a case-by-case basis for specified preexisting discharges related to coal mining operations. Requires an applicant for modification to demonstrate that the remaining operations and accompanying reclamation activities will substantially improve the environment and that preexisting discharges will be reduced and/or water quality improved in any case complying with applicable State water quality standards. Modifies the conflict of interest requirements applicable to membership on State permitting boards to require full disclosure of income from sources subject to an enforcement order or a permittee and a majority of such members to represent the public interest. Redefines "new source" to make new source performance standards and pretreatment standards for new sources applicable to any facility that began construction after issuance of final rather than proposed regulations. Restates the authority of authorized contractors to have both direct and indirect access to samples and records at a dischargers. Establishes criminal penalties for the unauthorized divulgence of trade secrets by such contractors. Authorizes the Administrator to order a violator to undertake remedial measures, including interim compliance measures with an applicable schedule. Grants the Secretary of the Army, acting through the Corps of Engineers, to exercise enforcement authority over dischargers of dredged or fill material into U.S. waters without the requisite Corps permit. Authorizes the Administrator to assess daily administrative penalties for each violation of a Clean Water Act requirement. Permits such assessment after an opportunity for a hearing. Subjects such an order to Federal district court review. Increases the maximum daily, per-violation civil penalty. Authorizes the Administrator to issue administrative orders to protect the public health and the environment from imminent and substantial endangerment, including sanctions for violations of such orders. Revises criminal penalties for violations under the Clean Water Act, increasing penalties for the knowing violations of such Act and including violations of sewage sludge disposal requirements. Establishes enhanced criminal penalties for knowing violations which the perpetrator knows would place another person in imminent danger of death or serious bodily injury. Increases criminal penalties for knowingly making false statements or falsifying documents, reports, or data from monitoring devices required to be maintained or filed under this Act. Removes Federal marine sanitation devices requirements for vessels 65 feet or less in length, designating such requirements as exclusively a State responsibility. Restates the Administrator's authority to issue general as well as individual national pollutant discharge elimination systems (NPDES) permits. Authorizes a State with an approved State NPDES program to do the same. Eliminates the requirement that the introduction of logs into water in connection with silvicultural activities subject to an areawide waste treatment management plan requires a permit under NPDES. Extends from five to ten years the NPDES permit term for permits with no modifications. Expands the provisions regulating the disposal of sewage sludge to include any person disposing of such sludge, not just the treatment works' owner or operator, and to include any treatment works treating primarily domestic sewage, not just POTWs. Permits NPDES permits issued to a POTW or any other treatment works treating primarily domestic sewage to include implementing guidelines for the use and disposal of sewage sludge. Authorizes the Administrator to issue a permit solely to implement the sewage sludge guidelines. Includes the Commonwealth of the Northern Mariana Islands under the Clean Water Act. Excludes munitions used in the course of conventional military weapons training and testing from the definition of pollution controlled under such Act. Authorizes the Administrator to treat Indian tribes as States for purposes of such Act. Requires copies of citizen suits brought under such Act and proposed consent judgments to be provided to both the Administrator and the Attorney General. Eliminates the Secretary of Commerce's annual report to the Congress on the international trade impacts of water pollution control expenditures.

Indoor Air Quality Act of 1985

United States · United States Congress · 17 April 1985

Indoor Air Quality Act of 1985 - Directs the Administrator of the Environmental Protection Agency to carry out a research program with respect to indoor air quality. Requires that such program be designed to: (1) gather data and information on all aspects of indoor air quality in order to contribute to the understanding of health problems associated with the existence of air pollutants in the indoor environment; and (2) coordinate Federal, State, local, and private research, development, and demonstration efforts relating to the improvement of indoor air quality. Authorizes the Administrator to establish committees of representatives of appropriate Federal agencies and advisory groups of representatives of the scientific community, industry, and public interest organizations as may be necessary to assist in carrying out such indoor air quality research program. Directs the Administrator to consult and coordinate with State and local officials and other interested parties having concerns related to such program. Directs the Administrator to submit to the Congress an indoor air quality research implementation plan within 90 days after enactment of this Act and a final report within two years of such enactment after consulting the National Academy of Sciences. Authorizes appropriations for FY 1986 and 1987.

Landfill Gas Collection and Reclamation Act of 1985

United States · United States Congress · 15 April 1985

Landfill Gas Collection and Reclamation Act of 1985 - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to establish specific guidelines for landfill gas control which: (1) protect human health and the environment; (2) require facilities required to retrofit to also include gas collection devices in their pollution collection systems; (3) provide for the recovery of energy and materials from methane and other gas emitted from such facilities which are combustible; and (4) provide exemption standards where such guidelines would be inefficient and impractical. Requires State solid waste management plans to comply with the landfill gas control guidelines. Requires the Administrator to review State plans approved before these guidelines become effective, withdrawing approval if such plans do not conform with these requirements. Requires sanitary landfills receiving putrescible waste to comply with such guidelines to retain such status. Grants the Administrator enforcement authority against noncomplying States.

Landfill Gas Collection and Reclamation Act of 1985

United States · United States Congress · 15 April 1985

Landfill Gas Collection and Reclamation Act of 1985 - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to establish specific guidelines for landfill gas control which: (1) protect human health and the environment; (2) require facilities required to retrofit to also include gas collection devices in their pollution collection systems; (3) provide for the recovery of energy and materials from methane and other gas emitted from such facilities which are combustible; and (4) provide exemption standards where such guidelines would be inefficient and impractical. Requires State solid waste management plans to comply with the landfill gas control guidelines. Requires the Administrator to review State plans approved before these guidelines become effective, withdrawing approval if such plans do not conform with these requirements. Requires sanitary landfills receiving putrescible waste to comply with such guidelines to retain such status. Grants the Administrator enforcement authority against noncomplying States.

A bill to create the Florida Panther National Wildlife Refuge in the State of Florida.

United States · United States Congress · 4 April 1985

Authorizes the Secretary of the Interior to establish the Florida Panther National Wildlife Refuge, Florida, with specified lands to be acquired by donation or purchase. Authorizes appropriations.

Mixed Hazardous Waste Amendment Act of 1985

United States · United States Congress · 4 April 1985

Mixed Hazardous Waste Amendment Act of 1985 - Amends the Solid Waste Disposal Act to restate the intent of the Congress that such Act covers the generation, transportation, treatment, and storage of solid waste mixed with radioactive materials and the disposal of such mixed materials at Department of Energy Atomic Energy Act facilities and at other unlicensed facilities.

Mixed Hazardous Waste Amendment Act of 1985

United States · United States Congress · 4 April 1985

Mixed Hazardous Waste Amendment Act of 1985 - Amends the Solid Waste Disposal Act to restate the intent of the Congress that such Act covers the generation, transportation, treatment, and storage of solid waste mixed with radioactive materials and the disposal of such mixed materials at Department of Energy Atomic Energy Act facilities and at other unlicensed facilities.

Superfund Expansion and Protection Act of 1985

United States · United States Congress · 4 April 1985

Superfund Expansion and Protection Act of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to include among hazardous substances subject to such Act any petroleum released from an underground storage tank. Includes pollutants and contaminants under Superfund, defining them as any substance which after release into the environment causes disease or abnormalities upon exposure or assimilation, either directly or through the food chain. Excludes petroleum and natural gas except as otherwise indicated under such Act. Redefines "release" to include the abandonment of containers containing hazardous substances or pollutants or contaminants. Requires the President to consider long-range effects when evaluating the cost-effectiveness of offsite remedial actions. Directs the Administrator of the Environmental Protection Agency to establish reportable quantities for all noncarcinogenic hazardous substances within six months of this Act's enactment and all other hazardous substances by November 1, 1986. Requires the Administrator to conduct periodic audits of reported releases and report to the Congress at least annually on such audits. Increases criminal penalties for failure to notify the Federal Governmentu of a hazardous substance release. Authorizes the Administrator to undertake any response action when faced with a release or threatened release of a hazardous substance unless the Administrator determines the responsible party will take appropriate action. Requires the Administrator to assess the health effects associated with such release or potential release. Exempts from liability for the effects of such release any party performing information or engineering services pursuant to an approved response action. Requires a State to pay 50 percent of the cleanup costs only if the State both owned and operated the polluting facility. Credits States with cleanup costs already dispersed as specified. Requires the Administrator to choose remedial actions which are: (1) consistent with the National Contingency Plan (NCP); (2) cost-effective; and (3) permanent whenever possible. Places facilities for which no permanent solution is technologically feasible on an interim National Priorities List (NPL), such list to be reviewed every five years to determine if a permanent solution has become feasible. Eliminates the requirement that pollutant levels be such as to protect human welfare, leaving the requirement that such levels protect human health and the environment. Requires pollutant levels to comply with the other Federal standards applicable. Specifies under what conditions removal actions must comply with the requirements of the Solid Waste Disposal Act. Entitles Federal and State environmental officials to access to the information and premises of any person who generates, treats, or disposes of hazardous substances for purposes of determining the need for a response action. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to prepare toxicological profiles on the most frequently found or threatening hazardous substances. Entitles the public to participate in the selection of a plan for remedial action. Authorizes the Administrator to provide grants for technical assistance to groups which may be affected by a release from a facility on the NPL. Establishes a schedule for the commencement of remedial investigations and feasibility studies for all facilities on the NPL. Provides for the listing of additional facilities at regular intervals. Requires the commencement of remedial actions at a minimum rate of 200 facilities per year by the start of FY 1987. Requires the Administrator to complete preliminary assessments of all facilities on the Emergency and Remedial Response Information System list by the start of 1987. Requires completion of remedial action for facilities currently on the NPL within five years or requires an explanation of nonperformance. Permits individuals to petition the Administrator for a health effects study where hazardous substances have been removed. Permits Federal authorities to provide the Congress with information on such studies and their conduct without administrative clearance or approval. Authorizes the Administrator to: (1) provide alternative water supplies; (2) relocate individuals; and (3) provide medical care if such studies indicate the necessity of such actions. Requires the Administrator to revise the NCP, consistent with these provisions. Permits an individual to petition the Administrator for a preliminary assessment of a release. Includes damage to the food chain and the ambient air among the factors determining a facility or site ranking under the NCP. Authorizes the Administrator to determine whether and how an individual may object to a nonreviewable abatement action. Includes additional Federal cleanup or abatement activities for which a responsible party would be liable. Requires each Federal agency which may be a defendant under this Act to provide its own counsel rather than the Attorney General. Grants Federally-ordered lab tests the presumption of accuracy. Makes liability strict, joint, and several under this Act for damages and costs resulting from the release and cleanup of hazardous substances. Entitles a defendant to prove such damages are divisible and to seek contribution. Authorizes appropriations for FY 1986 through 1990 for the Hazardous Substance Superfund, earmarking specified amounts for the Leaking Underground Storage Tank Account. Repeals the ability of any party to recover for damages to natural resources caused by a release. Requires an annual audit of the conduct of Superfund, including comparative reports of actions taken in earlier fiscal years. Establishes a statute of limitations of six years after the completion of the response action, regardless of the date of discovery of the loss. Permits a State to require contributions for response costs compensated under this Act. Title II: Federal Cause of Action - Entitles individuals injured by the disposal of a hazardous substance to recover damages from the responsible parties who will be held strictly, jointly, and severally liable. Entitles such individuals to compensation for expenses related to personal injury, economic injury, and limited pain and suffering. States that this Federal cause of action does not preempt State law regarding liability for damages in connection with any hazardous substance. Establishes a three year statute of limitations, running from the date of knowledge of the injury or the date of enactment of this Act. Prohibits dual recovery through worker's compensation or actions filed in a State court and this Act. Permits additional recovery against the source of the disposal for later manifested injuries. Title III: Miscellaneous Provisions - Permits citizen action lawsuits against any party, including the Federal Government, involved with hazardous substances in such a way as may present an imminent and substantial danger to health or the environment or against the President for failure to perform a required duty. Requires potential plaintiffs to give 60 days notice to the appropriate Federal and State officials as well as the alleged violator before commencing an action. Prohibits such action if the Administrator or the State has commenced and is prosecuting a court action already or a settlement has been reached. Permits intervention, as a matter of right. Prohibits citizen actions for the siting or issuance of permit to a hazardous waste disposal facility. Authorizes the Federal district court to award costs to any substantially prevailing party. Permits EPA intervention as a matter of right. Includes the disposal of a pollutant or contaminant under CERCLA only as specified. Directs the Administrator to commence the drilling fluids study required by the Solid Waste Disposal Act within six months of this Act's enactment. Directs the Administrator to select ten to 20 areas to establish and operate for three to five years a victim assistance demonstration program for individuals injured through exposure to hazardous substances. Sets forth application and program criteria and conditions for such grants. Requires such programs to include group insurance benefits for medical treatment and disability. Requires the President to report annually to the Congress on the effectiveness of these programs. Requires participating States to report on such as well. Title IV: Community Right to Know and Emergency Planning - Amends the Toxic Substances Control Act by adding a new title II concerning the communities' right-to-know, emergency planning, and liability. Requires each covered manufacturer, distributor, user, and importer of a covered hazardous substance (potential release) to prepare and update a fact sheet for such substance for distribution to local police, fire, and health officials. Requires the fact sheet to include the name, physical properties of, and hazards posed by the substance, including potential routes of human exposure to such substance, symptoms of such exposure, and appropriate emergency and first aid procedures. Requires status sheets on the same basis as fact sheets, with each status sheet to include the maximum inventory and method of storage of the substance, the quantity of its emission into the environment, and the quantity and method for disposal. Requires the releasor of a covered hazardous substance in an emergency situation to provide an emergency bulletin to the State and local police and other local officials. Requires the bulletin to identify the name and amount of the substance released and the response actions taken. Requires fact and status sheets and emergency bulletins to be made available for public inspection with public notice of such availability at the facility of the potential releasor. Requires the Administrator of the Environmental Protection Agency to publish a uniform format for fact and status sheets. Authorizes a State's Governor to identify local officials to receive covered hazardous substance release information, with the Administrator doing so in the absence of the Governor's identification. Requires the potential releasors to maintain records of information required by this Act. Requires manufacturers or importers to transmit fact sheets to covered distributors or users upon shipping of a covered hazardous substance. Excludes certain small businesses and research, medical, and household uses from coverage under this Act. Provides protection for trade secrets while continuing to make necessary information available to the appropriate persons. Excludes listed or possible carcinogens from such protection. Sets forth application and substantiation procedures for trade secret claims. Permits affected citizens or government officials to compel disclosure of nonsubstantiated trade secrets through the Federal courts. Authorizes the Administrator to grant exemptions from the basic notification requirements of this Act through specified procedures open to the public, based upon a cost-benefits analysis where there is no reasonable likelihood of harm. Directs each covered major manufacturer to develop within two years of enactment of this Act a comprehensive evacuation and emergency response plan which addresses the health and safety issues applicable to such manufacturer's particular situation. Requires the plan to include designations of the appropriate government officials to be notified, mitigation measures, evacuation routes, notification plans, and evaluation of community support services. Authorizes each Governor to designate emergency response districts within 18 months of enactment of this Act or the Administrator will do so. Permits each Governor to appoint an Emergency Response Committee per district or the Administrator will be treated as such Committee. Requires such Committees to review the manufacturers' plans, revising them where necessary. Directs the Administrator within 18 months of enactment of this Act to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers not otherwise required to be labeled which would reasonably be presumed to release a covered hazardous substance. Requires the label to indicate the appropriate response to a release. Directs the Administrator to designate covered major manufacturers for emergency response purposes within one year of enactment of this Act. Limits the designation to those whose substances would pose an imminent and substantial danger to health and the environment if released in significant quantities. Includes all persons covered under this Act in lieu of such designations. Includes Federal departments as potential covered major manufacturers. Exempts those whose emergency activities are sufficiently covered under other Federal or State law. Renders the manufacturer or processor strictly liable for damages caused by accidental or abnormal releases, excluding act of God or war. Covers medical, burial, and economic losses as well as pain and suffering (to a limited extent). Includes specified analysis and scientific evidence and studies among the evidence which may be introduced to establish causation. Establishes a three-year statute of limitations from the date of enactment or the date of realization of injury for causes of action for injury from the release of a covered hazardous substance, whichever is later. Provides that this Act does not preempt State or other law in the area of liability for damages. Requires entitled individuals to receive compensation for injuries sustained from a hazardous substance release from workers' compensation rather than under this Act. Sets forth categories of substances to be considered covered hazardous substances and procedures for adding additional substances. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to compile and update a digest of all such substances. Exempts certain substances for this Act's purposes, based upon the form, amount, and other regulation of such substances. Establishes civil and criminal penalties, limiting criminal penalties to the knowing violation of emergency requirements. Authorizes citizens' suits to enforce this Act. Permits States to adopt more stringent right-to-know standards in the workplace context and emergency response requirements. Permits State and local governments to impose fees upon potential releasors to cover administrative costs. Title V: Amendments of the Internal Revenue Code to 1954 - Superfund Revenue Act of 1985 - Amends the Internal Revenue Code to increase and extend through FY 1990 the environmental excise taxes on petroleum and specified chemicals. Includes an inflation adjustment for computing the tax on chemicals. Exempts exported chemicals from tax liability. Adjusts special rules for certain chemicals. Imposes a waste end tax on: (1) the receipt of hazardous waste at a qualified hazardous waste management unit; (2) the ocean dumping of such waste; and (3) the export of such waste. Sets increasing, per-ton tax rates on the disposal of such wastes. Sets forth reporting requirements and penalties for violations. Establishes in the Treasury the Hazardous Substance Response Trust Fund. Establishes within Superfund a separate Leaking Underground Storage Tank Account. Directs the Secretary of the Treasury to study the economic impact of the environmental taxes on specified chemicals and report to the Congress on the results by April 1, 1986.

Hazardous Waste Safety and Technology Incentive Act of 1985

United States · United States Congress · 3 April 1985

Hazardous Waste Safety and Technology Incentive Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to require each State to develop and adopt a plan to assure the availability of adequate capacity to treat or dispose of all hazardous waste reasonably anticipated to be generated in such State during the next 20 years. Requires such plans to include timetables and schedules for the construction and operation of treatment and disposal facilities. Requires emissions standards for such facilities to conform with applicable State and Federal laws and to be sufficient to protect human health and the environment. Prohibits the construction or operation of new landfills. Requires the Administrator of the Environmental Protection Agency's (EPA) approval of such plans within two years. Provides for resubmittal of rejected plans. Prohibits the expenditure of Superfund monies for remedial action after four years if a State is not in compliance with an Administrator-approved plan. Amends the Solid Waste Disposal Act to prohibit the issuance of a hazardous waste facility permit unless the owner or operator of the facility enters into a siting agreement with the Administrator specifying the terms and conditions applicable to such facility, including construction, maintenance, monitoring procedures, and a relationship with and financial obligation to the local government. Amends Superfund to direct the Administrator to establish a national research and development program to develop advanced technologies to reduce the risks associated with hazardous waste disposal. Sets forth the components of such program. Limits the amount of available appropriations which may be used. Directs the Administrator to establish a Coordinated Permit Review Office within each regional office of EPA to accelerate the concurrent review of all hazardous waste treatment or disposal facility projects requiring agency permits as they relate to the nation's air, water, and land. Directs such Office to: (1) assist in identifying the appropriate permits needed for a site; (2) convene meetings to determine the scope of and issues raised by a proposed project; and (3) assist the applicable government agencies in working with the applicant. Authorizes the Administrator to guarantee loans for projects for the acquisition, construction, or installation of hazardous waste recycling or treatment equipment. Limits such loans to fixed percentages of total indebtedness or capital costs and restricts them to the private sector. Requires eligible projects to control emissions sufficiently to protect human health and the environment and meet applicable Federal and State air and water quality standards and conditions on land disposal. Makes landfill solutions ineligible for such guarantees. Grants priority to technologies which satisfy specified requirements of the Solid Waste Disposal Act. Requires recipients of such guarantees to report annually to the Administrator. Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to make grants to at least five States for demonstration programs for ensuring and improving enforcement of the requirements of such Act. Requires such States to: (1) complete the program within the year; (2) have adequately trained personnel; (3) establish a Federally-compatible system for collecting data relating to the transportation of hazardous materials and enforcement actions; and (4) establish meaningful penalties for violations. Requires the Secretary to report to the Congress and each participating State within two years. Authorizes appropriations. Directs the Director of the Federal Emergency Management Agency, acting through the Office of State and Local Assistance for Hazardous Materials Emergencies, to: (1) provide technical and financial assistance to States and local governments and for regional planning for emergency preparedness relating to accidents involving the transportation of hazardous materials; (2) be an information clearinghouse on accident response methodology; and (3) coordinate Federal emergency response programs. Requires the Director to establish the Office of State and Local Assistance for Hazardous Waste Emergencies to carry out such requirements. Authorizes appropriations.

Ocean Dumping Amendments Act of 1985

United States · United States Congress · 3 April 1985

Ocean Dumping Amendments Act of 1985 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to include "wetlands" among the factors considered in assessing the effects of dumping. Makes dumping site designations by the Administrator of the Environmental Protection Agency (EPA) mandatory. Includes the following factors in dump site selection: (1) waste types and quantities; (2) detoxification ability of site water; (3) importance of the site to the surrounding biological community; and (4) effects on human health and adjacent ecosystems. Requires consultation with the Secretary of the Army. Requires the Administrator, at appropriate sites, to: (1) monitor the effects of the dumping; and (2) make three-year dumping estimates. States that the Administrator shall close a site or limit dumping as necessary, upon consultation with the Secretary. Requires the Administrator or the Secretary to impose on permittees any special provisions deemed necessary to minimize the harm from dumping, including measures to find alternative disposal methods, eliminate contaminants, or recycle such materials. Makes permit processing fees mandatory. Directs the Administrator and the Secretary to establish quality assurance programs to ensure the validity, accuracy, and sufficiency of information submitted with permit applications. States that the Administrator and the Secretary shall adhere to the requirements of the London Dumping Convention that are binding upon the United States. Sets forth transitional provisions, including "grandfathering" (with certain exceptions) specified dumping sites from amendments under this Act. Defines "monitoring" for purposes of such Act. Amends the definition of "ocean waters" to include "subjacent areas." Establishes criminal penalties for the knowing falsification of information or tampering with testing devices required by this Act. Grants jurisdiction to U.S. district courts to issue writs of mandamus to compel the Administrator to designate dumping sites. Directs the Administrator to establish and submit to the Congress a dumping designation schedule within 180 days. Requires separate annual reports to the Congress by the Administrator and the Secretary. Authorizes appropriations for FY 1986 and 1987.

A bill to authorize appropriations for the National Ocean Pollution Planning Act of 1978 and title II of the Marine Protection, Research, and Sanctuaries Act of 1972 for the fiscal years 1986 and 1987, and for other purposes.

United States · United States Congress · 3 April 1985

Title I: National Ocean Pollution Planning Act of 1978 - Amends the National Ocean Pollution Planning Act of 1978 to extend the authorization of appropriations for such Act through FY 1987. Title II: Ocean Dumping Research - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to eliminate the requirement that the Secretary of Commerce report to the Congress on the effects of ocean dumping or dumping in the Great Lakes. Directs the Secretary to ensure that the research program on the long-range effects of pollution, overfishing, and other man-induced changes in the ocean ecosystems complements the regulation of ocean dumping and includes monitoring programs and the assessment of the health and ability or inability of the marine environment to assimilate materials with degradation. Directs the Administrator of the Environmental Protection Agency to assess the feasibility of regional management plans for the disposal of waste materials, integrating the activities of all levels of government into a comprehensive strategy. Directs the Administrator to report to the Congress and the President within one year on sewage sludge disposal in the New York region, assessing alternatives and recommending legislative changes to reduce adverse effects. Authorizes appropriations for FY 1986 and 1987 to carry out this Act. Directs the Secretary and the Administrator to each report annually to the Congress on the activities carried out under this Act.

Defense Environmental Restoration Act of 1985

United States · United States Congress · 3 April 1985

Defense Environmental Restoration Act of 1985 - Subjects facilities under the jurisdiction of the Secretary of Defense to the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund). Exempts the Secretary from the financial responsibility requirements. Prohibits the delegation to the Secretary of any response authority under such Act, requiring such authority to remain with the President or the Administrator of the Environmental Protection Agency (EPA) as appropriate. Permits the designation of the Secretary and other Department of Defense (DOD) officials as natural resources trustees under such Act. Authorizes the Administrator to delegate other authorities to the Secretary or DOD officials if it would be cost-effective except the authority to approve remedial action at a site on the National Priorities List (NPL) in a nonemergency situation. Authorizes the President to issue response action orders as necessary to protect the national security. Directs the Secretary to establish within the Office of the Secretary an office to implement the Defense Environmental Restoration Program which includes investigating and cleaning up contamination from hazardous substances and correcting environmental damage. Directs the Secretary to carry out response actions with respect to releases of hazardous substances from sites and vessels under the Secretary's jurisdiction. Excludes response actions which do not result in a new facility from military construction requirements. Permits removal or remedial action by another responsible party. Directs the Secretary to pay all fees and charges imposed by State and local authorities for storage and/or disposal of hazardous substances on lands under the jurisdiction of the Secretary. Authorizes the Secretary to implement the administrative abatement authorities where there may be an imminent and substantial endangerment to public health or the environment from a DOD controlled facility. Authorizes appropriations for FY 1986 through 1990 to carry out the restoration program. Makes available to the Secretary amounts recovered from responsible parties for response actions of the Secretary. Authorizes the Secretary to settle claims under CERCLA up to a specified amount. Authorizes appropriations for FY 1986 through 1990 for emergency removal actions where the release or threatened release of any hazardous substance presents an imminent and substantial endangerment to the public health or environment. Limits the per-site expenditure unless the Secretary and the Administrator agree that continued response actions are required in an emergency-type situation. Requires each emergency removal action to be completed within six months if possible or within 18 months at the outside. Requires the Secretary to notify the Congress within 15 days of obligating emergency funds. Authorizes the Secretary to use facility maintenance funds for response actions, including emergency actions. Authorizes the Secretary to utilize the services of any other Government agency on a reimbursable basis to carry out this Act. Directs the Secretary to establish a research, development, and demonstration program regarding hazardous waste management, including cost-effective strategies and technological innovation. Authorizes appropriations for FY 1986 through 1990. Directs the Secretary to notify the Administrator of the Agency of Toxic Substances and Disease Registry (ATSDR) within one year of this Act's enactment of the 25 hazardous substances most frequently used at DOD facilities for which no standard or water quality criteria are in effect under the other Federal environmental and water quality statutes. Requires ATSDR to prepare profiles on such substances within one year of receiving the funds to do so. Authorizes appropriations. Directs the Secretary to keep the regional EPA offices and the appropriate State and local authorities informed about any hazardous substance releases or proposed response actions occurring at a DOD site within their area. Requires that such notice be made prior to taking a response action in nonemergency situations. Directs the Secretary to establish a Technical Review Committee of such authorities whenever possible to review and comment on DOD proposals. Requires the Secretary to provide an opportunity for public participation before adopting a plan for remedial action at any DOD site on the NPL. Directs the Secretary to report annually to the Congress on the implementation of this Act, including a statement for each site and its hazardous substances, the response actions taken or proposed, and the costs involved. Directs the Secretary to provide the Congress with information on military construction projects in the budget attributable to environmental restoration programs. Requires military construction authorizations to separately set forth the amount requested for environmental restoration for each military department and defense agency. Authorizes the Secretary to carry out otherwise unauthorized emergency construction for hazardous substance response actions up to a specified amount and after congressional notification.

Westway Landfill Funding Prohibition and Hudson River Habitat Protection Act of 1985

United States · United States Congress · 2 April 1985

Westway Landfill Funding Prohibition and Hudson River Habitat Protection Act of 1985 - Prohibits the Secretary of Transportation from expending funds for the Westway landfill in New York City, New York.

A bill to provide that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 will apply to certain petroleum and to establish a separate account in the Superfund for leaking underground storage tanks.

United States · United States Congress · 2 April 1985

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to include petroleum when designated as a hazardous substance under the coverage of such Act. Establishes within Superfund the Leaking Underground Storage Tank Account for expenditures required by the Superfund Leaking Underground Storage Tank Amendments of 1985. Directs the Secretary of the Treasury to transfer eight and one half percent of Superfund monies into such Account.

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide that pesticides that are used in agricultural production do not endanger human health.

United States · United States Congress · 2 April 1985

Amends the Federal Insecticide, Fungicide, and Rodenticide Act to prohibit the registration or reregistration of any pesticide or herbicide unless the Environmental Protection Agency has tested it and determined that it is not likely to endanger human beings. Revokes the registration of any pesticide or herbicide that has not been tested within three years of enactment of this Act.

Westway Landfill Funding Prohibition and Hudson River Habitat Protection Act of 1985

United States · United States Congress · 2 April 1985

Westway Landfill Funding Prohibition and Hudson River Habitat Protection Act of 1985 - Prohibits the Secretary of Transportation from expending funds for the Westway landfill in New York City, New York.

Ocean Revitalization Act of 1985

United States · United States Congress · 1 April 1985

Ocean Revitalization Act of 1985 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit after December 31, 1986, the issuance of any permit for the dumping of municipal sludge unless the applicant is in compliance with all the requirements of the Federal Water Pollution Control Act pertaining to pretreatment standards for the introduction of pollutants into treatment works. Makes mandatory the authority (currently, discretionary authority) of the Administrator of the Environmental Protection Agency (EPA) to designate recommended dumpsites. Sets forth explicit factors to be considered when designating dumping sites. Requires periodic monitoring of the effects of dumping of materials at or adjacent to each site. Requires the Administrator, when a site is found unsuitable for continued dumping, to: (1) limit dumping at the site; or (2) suspend or terminate such site's designation. Requires dumping permits to designate: (1) the type and quantity of material to be dumped; (2) the location of the dump site; (3) the length of time dumping may occur; and (4) special provisions deemed necessary to minimize the harm from dumping. Directs the Administrator and the Secretary to establish quality assurance programs to ensure the validity, accuracy, and efficiency of information submitted with permit applications. Sets forth transitional provisions, including "grandfathering" (with certain exceptions) specific dumping sites from the amendments under this Act. Defines municipal sludge. Establishes criminal penalties for the knowing falsification of information or tampering with testing devices required by this Act. Directs the Administrator to establish a schedule for expeditiously completing the study and designation or denial of designation of certain sites used for dumping under interim designations or court order. Requires such schedule to be submitted to the Congress no later than 180 days after enactment of this Act. Sets forth the congressional finding that the New York Bight Apex is no longer suitable for municipal sludge dumping. Prohibits the Administrator from issuing or renewing permits for the dumping of municipal sludge within the Apex either after 18 months from the date of enactment of this Act or after the first day the Administrator determines sludge can reasonably be dumped at a designated site outside the Apex, whichever date occurs first. Directs the Administrator to hold public hearings and develop and report to the Congress within three years on a New York Bight Apex Restoration Plan for improving the overall water quality and marine resources of the Apex. Sets forth various activities which must be covered by the plan. Directs the Administrator to submit to the Congress within six months a schedule and financial requirements for completing the plan. Authorizes appropriations for FY 1985 through 1987 to the EPA for purposes of preparing the New York Bight Apex Restoration Plan. Directs the Administrator to report to the Congress with 18 months a comprehensive assessment of land-based disposal options for municipal sludge currently dumped within the Apex. Authorizes appropriations for FY 1985 through 1988 for the administration of ocean dumping.

Ocean Dumping Amendments Act of 1985

United States · United States Congress · 1 April 1985

Ocean Dumping Amendments Act of 1985 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit after December 31, 1986, the issuance of any permit for the dumping of municipal sludge unless: (1) the applicant is in compliance with all the requirements of the Federal Water Pollution Control Act pertaining to pretreatment standards for the introduction of pollutants into treatment works; and (2) there is not available any land-based alternative to the ocean disposal of the sludge. Makes it mandatory for the Administrator of the Environmental Protection Agency (EPA) or the Secretary of the Army, as the case may be, to collect ocean dumping permit processing fees. Requires an additional special fee to be collected from applicants for ocean dumping permits to recoup the cost of undertaking activities directly associated with permits. Defines "municipal sludge" for purposes of such Act. Sets forth the congressional finding that the New York Bight Apex is no longer suitable for municipal sludge dumping. Requires applicants seeking permits to dump municipal sludge within the Apex to be eligible authorities. Prohibits the Administrator from issuing or renewing permits for the dumping of municipal sludge within the Apex either after 18 months from the date of enactment of this Act or after the first day the Administrator determines sludge can reasonably be dumped at a designated site outside the Apex, whichever date occurs first. Directs the Administrator to develop, after public hearings, and report to the Congress within three years on a New York Bight Apex Restoration Plan for improving the overall water quality and marine resources of the Apex. Sets forth various activities which must be covered by the plan. Directs the Administrator to submit to the Congress within six months a schedule for completing the plan and an estimate of the cost for developing and, where possible, implementing the plan. Directs the Administrator to report to the Congress within one year on the economic and technical feasibility of establishing and implementing quality standards for the disposal of municipal sludge through ocean or land-based methods. Authorizes appropriations for FY 1986 through 1988 to EPA for purposes of preparing the New York Bight Apex Restoration Plan. Imposes a special, per ton, disposal fee on permittees dumping municipal sludge into the ocean, the amount increasing with each fiscal year. Deposits 80 percent of such fee in a trust account, if the permittee establishes one, such money to be used only with the concurrence of the permittee and for the development of long-term alternatives to ocean dumping and for better treatment techniques. Requires the Administrator to use the remaining 20 percent and the unused funds in trust accounts for the comprehensive assessment of land-based disposal options and research. Directs the Administrator to prepare and report to the Congress within 18 months a comprehensive assessment of land-based disposal options for municipal sludge for permittees that are eligible authorities. Prohibits the ocean dumping of all harmful municipal sludge after 18 months of the date of enactment of this Act. Defines "harmful municipal sludge" as municipal sludge which fails to meet EPA's environmental impact criteria.

A bill to review and extend certain provisions of the Federal Water Pollution Control Act, as amended, for five years, and for other purposes.

United States · United States Congress · 28 March 1985

Amends the Federal Water Pollution Control Act (the Clean Water Act) to extend the authorization of appropriations for five years, through FY 1990, for: (1) research on pollution prevention and elimination; (2) grants for State and interstate agency pollution control programs; and (3) the general implementation of the Act. Authorizes the Administrator of the Environmental Protection Agency (EPA) to make grants to Chesapeake Bay States for implementing management mechanisms contained in the comprehensive environmental plan. Sets forth application conditions and procedures. Limits such grants to 50 percent of costs. Requires recipient States to report annually to the Congress. Authorizes appropriations for such grants for FY 1986 through 1988. Authorizes appropriations for publicly-owned treatment works (POTW's) construction grants for FY 1986 through 1989. Revises eligibility requirements for such grants to restrict Federal funding to sequential phases or segments of a treatment facility, related interceptors, or correction of infiltration-inflow. Eliminates the use of Federal funds for sewer systems and overflows.. Revises construction grant allotment procedures and formulas, eliminating set asides for: (1) rural areas; (2) innovative technologies; and (3) water quality management planning. Extends from July 1, 1984, to July 1, 1988, or three years after the establishment of effluent limitations guidelines, the deadline for industrial compliance with the best available technology and best conventional pollutant control technology (BAT/BCT) effluent limitations. Limits the Administrator's authority to modify effluent limitations for nonconventional pollutants to specified listed pollutants, permitting the Administrator to modify such list based upon a showing that adequate tests and data exist to determine that such modification will not interfere with the maintenance or achievement of required water quality standards. Revises modification request procedures. Amends the ocean discharge requirements for POTWs to restate that an applicant for modification must be in compliance with applicable pretreatment requirements by the time the modification is approved and must continue in compliance after such modification. Requires that modifications result in the discharge of effluent which has received at least primary or equivalent treatment (screening, sedimentation, and skimming). Exempts small and remote dischargers. Prohibits modifications in permits for discharges into saline estuarine waters receiving pollutant loading from multiple sources and showing signs of environmental stress. Establishes a deadline for the submission of permit modification requests for innovative technology. Authorizes the Administrator, or the State if appropriate, to grant a stay of up to six months, with a possible six-month extension, of permit conditions for which a modification has been requested if such stay will not result in an unacceptable risk to human health or the environment. Authorizes the Administrator to prescribe fees for permit modifications. Authorizes the Administrator, or the State if appropriate, to modify effluent limitations on a case-by-case basis for specified preexisting discharges related to coal mining operations. Requires an applicant for modification to demonstrate that the remaining operations and accompanying reclamation activities will substantially improve the environment and that preexisting discharges will be reduced and/or water quality improved in any case complying with applicable State water quality standards. Modifies the conflict of interest requirements applicable to membership on State permitting boards to require full disclosure of income from sources subject to an enforcement order or a permittee and a majority of such members to represent the public interest. Redefines "new source" to make new source performance standards and pretreatment standards for new sources applicable to any facility that began construction after issuance of final rather than proposed regulations. Restates the authority of authorized contractors to have both direct and indirect access to samples and records at a discharge. Establishes criminal penalties for the unauthorized divulgence of trade secrets by such contractors. Authorizes the Administrator to order a violator to undertake remedial measures, including interim compliance measures with an applicable schedule. Grants the Secretary of the Army, acting through the Corps of Engineers, to exercise enforcement authority over dischargers of dredged or fill material into U.S. waters without the requisite Corps permit. Authorizes the Administrator to assess daily administrative penalties for each violation of a Clean Water Act requirement. Permits such assessment after an opportunity for a hearing. Subjects such an order to Federal district court review. Increases the maximum daily, per-violation civil penalty. Authorizes the Administrator to issue administrative orders to protect the public health and the environment from imminent and substantial endangerment, including sanctions for violations of such orders. Revises criminal penalties for violations under the Clean Water Act, increasing penalties for the knowing violations of such Act and including violations of sewage sludge disposal requirements. Establishes enhanced criminal penalties for knowing violations which the perpetrator knows would place another person in imminent danger of death or serious bodily injury. Increases criminal penalties for knowingly making false statements or falsifying documents, reports, or data from monitoring devices required to be maintained or filed under this Act. Removes Federal marine sanitation devices requirements for vessels 65 feet or less in length, designating such MSD requirements as exclusively a State responsibility. Restates the Administrator's authority to issue general as well as individual national pollutant discharge elimination systems (NPDES) permits. Authorizes a State with an approved State NPDES program to do the same. Eliminates the requirement that the introduction of logs into water in connection with silvicultural activities subject to an areawide waste treatment management plan requires a permit under NPDES. Extends from five to ten years the NPDES permit term for permits with no modifications. Expands the provisions regulating the disposal of sewage sludge to include any person disposing of such sludge, not just the treatment works' owner or operator, and to include any treatment works treating primarily domestic sewage, not just POTWS. Permits NPDES permits issued to a POTW or any other treatment works treating primarily domestic sewage to include implementing guidelines for the use and disposal of sewage sludge. Authorizes the Administrator to issue a permit solely to implement the sewage sludge guidelines. Includes the Commonwealth of the Northern Mariana Islands under the Clean Water Act. Excludes munitions used in the course of conventional military weapons training and testing from the definition of pollution controlled under such Act. Authorizes the Administrator to treat Indian tribes as States for purposes of such Act. Requires copies of citizen suits brought under such Act and proposed consent judgments to be provided to both the Administrator and the Attorney General. Eliminates the Secretary of Commerce's annual report to the Congress on the international trade impacts of water pollution control expenditures.

A bill relating to the authorization of appropriations for certain components of the National Wildlife Refuge System.

United States · United States Congress · 28 March 1985

Amends the Act which established the Bon Secour National Wildlife Refuge, Alabama, to extend the authorization of appropriations for three years, through FY 1988. Amends the Act which established the Tensas River National Wildlife Refuge, Louisiana, to extend the authorization of appropriations for three years, through FY 1988. Amends the Act which established the Bogue Chitto National Wildlife Refuge, Louisiana and Mississippi, to extend the authorization of appropriations for three years, through FY 1988. Amends the Act which established the Tinicum National Environmental Center to extend the authorization of appropriations for three years, through FY 1988.

Ergebnisse des EG-Umweltrates in Brüssel vom 20. März 1985 (G-SIG: 10002388)

Germany · German Bundestag · 28 March 1985

Stufenweise, nach Hubraum differenzierte Einführung des umweltfreundlichen Autos in der EG, Entwicklung einer europäischen Abgasnorm, steuerliche Förderung abgasarmer Neuwagen sowie der Umrüstung von Altfahrzeugen, Erweiterung des Angebots an bleifreiem Benzin, steuerliche Begünstigung durch Spreizung der Mineralölsteuer, Beteiligung der EFTA-Staaten

A bill to direct the Secretary of the Army to develop a comprehensive plan for the cleanup of contaminated sites, structures, equipment, and natural resources at or near the Rocky Mountain Arsenal near Denver, Colorado.

United States · United States Congress · 27 March 1985

Directs the Secretary of the Army to develop and submit to the Congress by October 31, 1985, a comprehensive plan for the cleanup of contaminated sites, structures, equipment, and natural resources at our near the Rocky Mountain Arsenal near Denver, Colorado, by September 30, 1993. Sets forth specific requirements for such plan, including selection of final disposal site for hazardous substances from the Arsenal.

Emergency Wetlands Resources Act of 1986

United States · United States Congress · 26 March 1985

Emergency Wetlands Resources Act of 1985 - Title I: Extension of Wetlands Loan Act - Extends the authorization of the Wetlands Loan Act through FY 1996. Title II: Revenues for Migratory Bird Conservation Fund - Authorizes the Secretary of the Interior to charge fees for admission permits to designated units of the National Wildlife Refuge System. Requires deposit of such fees into the migratory bird conservation fund. Authorizes the Secretary to sell, at designated units, Golden Eagle Passports. Directs the Secretary to treat the revenues accruing from such sales in the same manner as fees collected for admission permits. Describes the kinds of admission permits which may be purchased, including individual, group, and special free permits for the blind or disabled and those over age 62. Prohibits the Secretary from requiring an admission permit, or charging a fee, with respect to entry to any designated unit by any individual: (1) with a valid Golden Eagle Passport, Golden Age Passport, or any other lifetime admission permit issued under the Land and Water Conservation Fund Act of 1965; (2) who has a valid migratory bird hunting and conservation stamp; (3) who is related to or accompanying an individual described in clause (1) or (2); or (4) who has been issued a special free permit as described in the preceding sentence. Directs the Secretary to issue regulations necessary to carry out this paragraph. Requires the Secretary to submit annual reports to specified congressional committees. Increases the price of the migratory bird hunting and conservation stamp. Requires that the amount of import duties collected on arms and ammunition be paid into the migratory bird conservation fund. Establishes in the Treasury the Wetlands Conservation Fund to receive specified funds from the land and water conservation fund and provides for the transfer of moneys from the Wetlands Conservation Fund during FY 1986 through 1995 to finance acquisitions under the wetlands priority conservation plan. Title III: Financial Assistance to States for Wetlands Conservation - Authorizes the Secretary to provide annual financial assistance to States during FY 1986 through 1995 for wetlands conservation. Prescribes formulae for the allocation and apportionment of appropriations among the States and the Secretary for wetlands acquisitions. Sets forth eligibility requirements and conditions relating to such apportionment. Requires each State wishing to participate in such program to submit to the Secretary a comprehensive fish and wildlife resource management plan to ensure the perpetuation of such resources or to submit detailed statements of any wetlands conservation project proposed for that State. Entitles each such State to up to 75 percent of the costs of implementing such plan or project upon the Secretary's approval. Directs the Secretary to establish, and periodically review and revise, a national wetlands priority conservation plan specifying, on a region-by-region or other appropriate basis, the types of wetlands to which priority should be given for wetlands acquisition and the implementation of preservation and enhancement projects. Title IV: Wetlands Inventory and Trend Analysis - Directs the Secretary, acting through the Director of the U.S. Fish and Wildlife Service, to: (1) produce final National Wetlands Inventory maps for the entire United States (specifies dates at which different maps are to be completed); and (2) produce, by the end of FY 1986, and at ten year intervals thereafter, reports to update and improve the information contained in the report dated September 1982 and entitled "Status and Trends of Wetlands and Deepwater Habitat in the Coterminous United States, 1950's to 1970's." Authorizes appropriations for the above maps and reports. Directs the Secretary, by the end of FY 1986 to prepare and submit to specified congressional committees a report regarding wetlands losses in the United States. Authorizes appropriations for such report.

Hazardous Materials Manufacturing Safety Act of 1985

United States · United States Congress · 21 March 1985

Hazardous Materials Manufacturing Safety Act of 1985 - Amends the Solid Waste Disposal Act to include releases into the air from an underground storage tank. Reduces from 36 to 18 months after the enactment of the Hazardous and Solid Waste Amendments of 1984 (November 8, 1984) the time within which new underground tank performance standards become effective. Reduces from 48 to 24 months after such date the effective date of certain regulations covering underground storage tanks containing regulated substances. Amends the Toxic Substances Control Act to include pesticides within chemical substances under such Act only when the manufacturing and processing is completed and the pesticide is distributed. Amends the Toxic Substances Control Act by adding a new title II concerning the communities' right to know, emergency planning, and liability. Requires each covered manufacturer, distributor, user, and importer of a covered hazardous substance (potential releasors) to prepare and update a fact sheet for such substance for distribution to local police, fire, and health officials. Requires the fact sheet to include the name, physical properties of, and hazards posed by the substance, including potential routes of human exposure to such substance, symptoms of such exposure, and appropriate emergency and first aid procedures. Requires status sheets on the same basis as fact sheets, with each status sheet to include the maximum inventory and method of storage of the substance, the quantity of its emission into the environment, and the quantity and method for disposal. Requires the releasor of a covered hazardous substance in an emergency situation to provide an emergency bulletin to the State and local police and other local officials. Requires the bulletin to identify the name and amount of the substance released, potential hazards from the release, and the response actions taken. Requires fact and status sheets and emergency bulletins to be made available for public inspection with public notice of such availability at a local government location or possibly, in the case of emergency bulletins, at the location of a potential releasor as well. Requires the Administrator of the Environmental Protection Agency to publish a uniform format for fact and status sheets. Authorizes a State's Governor to identify local officials to receive and make available to the public covered hazardous substance release information, with the Administrator doing so in the absence of the Governor's identification. Requires the potential releasors to maintain records of information required by this Act. Requires manufacturers or importers to transmit fact sheets to covered distributors or users upon shipping of a covered hazardous substance. Exempts certain small businesses and research, medical, and household uses from coverage under this Act. Provides protection for trade secrets while continuing to make necessary information available to the appropriate persons. Excludes listed or possible carcinogens from such protection. Sets forth application and substantiation procedures for trade secret claims. Permits government officials to compel disclosure of nonsubstantiated trade secrets through the Federal courts. Authorizes the Administrator to grant exemptions from the basic notification requirements of this Act through specified procedures open to the public, based upon a cost-benefits analysis where there is no reasonable likelihood of harm. Directs the Administrator, within 18 months of enactment of this Act, to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers not otherwise required to be labeled which could reasonably be presumed to release a covered hazardous substance. Requires the label to indicate the appropriate response to a release. Directs the Administrator to designate covered major manufacturers for emergency response purposes within one year of enactment of this Act. Limits the designation to those whose substances would pose an imminent and substantial danger to health and the environment if released in significant quantities. Includes all persons covered under this Act in lieu of such designations. Includes Federal departments as potential covered major manufacturers. Renders the manufacturer or processor strictly liable for damages caused by accidental or abnormal releases, excluding acts of God or war. Covers medical, burial, and economic losses as well as pain and suffering (to a limited extent). Includes specified analysis and scientific evidence and studies among the evidence which may be introduced to establish causation. Establishes a three-year statute of limitations from the date of enactment of this Act or the date of realization of injury for causes of action for injury from the release of a covered hazardous substance, whichever is later. Provides that this Act does not preempt State or other law in the area of liability for damages. Requires entitled individuals to receive compensation for injuries sustained from a hazardous substance release from workers' compensation rather than under this Act. Sets forth categories of substances to be considered covered hazardous substances and procedures for adding additional substances. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to compile and update a digest of all such substances. Exempts certain substances for this Act's purposes, based upon the form, amount, and other regulation of such substance. Establishes civil and criminal penalties, limiting criminal penalties to the knowing violation of emergency requirements. Authorizes citizens' suits to enforce this Act. Permits States to adopt more stringent right-to-know standards in the workplace context and emergency response requirements. Permits State and local governments to impose fees upon potential releasors to cover administrative costs. Amends the Occupational Safety and Health Act of 1970 (OSHA) to permit States to adopt more stringent right-to-know standards for employees concerning hazardous substances to which they may be exposed in the course of their employment than are provided under such Act. Requires compliance with both the State and OSHA standards to the degree possible with the State standard preempting the OSHA standard in case of a conflict. Authorizes appropriations for the Federal Emergency Management Agency for FY 1986 through 1991 for training of government personnel in hazard mitigation and disaster response with a special emphasis on emergencies associated with hazardous chemicals and for administering support programs to State and local governments to improve emergency preparedness and response, especially in hazardous chemical situations.

Hazardous Air Pollutants Amendments Act of 1985

United States · United States Congress · 21 March 1985

Hazardous Air Pollutants Amendments Act of 1985 - Title I - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to classify 36 substances into two categories for purposes of determining whether such substances are hazardous air pollutants as defined under provisions for national emission standards for hazardous air pollutants (NESHAPs). Requires that 26 substances, including methyl isocyanate and each of the 22 substances listed in specified testimony of the Administrator before the Congress, be classified in the first category. Requires that ten additional substances, from among the 37 substances identified to Congress on a specified date by the EPA as being in the assessment phase of the review process, be classified in the second category. Authorizes the Administrator to substitute for a category two substance another substance if the Administrator determines that there is a higher priority for determining whether the substitute is a hazardous air pollutant. Directs the Administrator to commence hazardous air pollutant determination proceedings concerning first category substances within 90 days and second category substances within one year after enactment of this Act. Provides for public and scientific community participation. Directs the Administrator to make a hazardous air pollutant determination for first category substances by January 1, 1986, and for second category substances by January 1, 1987, and to publish a list of such pollutants and all categories of stationary sources which emit such pollutants. Directs the Administrator to promulgate national emission standards for category one stationary sources by January 1, 1988. Requires promulgation of category two stationary sources emission standards by January 1, 1989. States that actions required of the Administrator under this Act are nondiscretionary and enforceable by any person bringing a civil action. Treats a listed substance as a hazardous air pollutant until the Administrator makes a determination if the required determination has not been made by the specified deadline. Directs a court to issue an order requiring a substance classified in the first or second category to be treated as a listed hazardous air pollutant until the Administrator completes further proceedings if the court reviewing a determination of no hazard remands such determination to the Administrator for further proceedings. Directs the Administrator, by January 31, 1987, to commence hazardous air pollutant determination proceedings for each substance which: (1) has been classified, prior to January 31, 1987, by the national toxicology program as a known carcinogen; (2) is an air pollutant; and (3) is not determined among the 36 substances classified in two categories. Requires that such proceedings be completed within one year. Requires annual hazardous air pollutant determination proceedings for each air pollutant which has been classified during the preceding year by the national toxicology program as a carcinogen. Directs the Administrator to publish and periodically revise a list of air pollutants determined to be hazardous, the categories of stationary sources emitting such pollutants, and national emission standards for each category. Permits the most stringent interim emission standards achievable for up to six years where the application of all potential emission reduction measures would not meet the national emissions standard. Requires as a minimum for such standards that level of control which is empirically available or required in a permit. Directs the Administrator to review all emissions standards in effect on December 1, 1984, within four years of this Act's enactment. Authorizes the Administrator to waive through a permit the prohibition against constructing or modifying a stationary source of a listed hazardous pollutant and subject such source to an interim standard. Requires existing stationary sources emitting hazardous air pollutants to obtain from the Administrator a permit requiring compliance with the applicable national standard or an interim standard if achievement of the national standard is not possible using all potential emission reduction measures. Applies the same conditions to interim standards for existing stationary sources as apply to new or modified sources. Sets forth emergency extension of waivers procedures, requiring the source owner or operator to petition the State's Governor who in turn may petition the President after public notice for such extension. Requires notice to the Governor and residents of any other State affected by such waiver. Requires the President to notify the Congress of all extensions granted. Sets forth general permit requirements for sources emitting hazardous air pollutants with respect to: (1) monitoring; (2) hearings; (3) revocation; (4) terms; and (5) fees. Title II: Hazardous Air Pollutants from Motor Vehicles - Establishes a program for controlling motor vehicle hazardous air pollutants. Directs the Administrator to publish and periodically revise a list of such pollutants, including lead, ethylene dibromide, diesel particulates, benzene, and any pollutants already listed under this Act if the Administrator determines they are emitted from motor vehicles or their parts. States that actions required of the Administrator under this title are nondiscretionary and enforceable by any person bringing a civil action within approximately 18 months. Directs the Administrator to prescribe emissions standards for all identified motor vehicle hazardous air pollutants except lead. Permits the promulgation of interim standards, subject to the same conditions applicable to interim standards for stationary sources. Makes emission standards effective with the second model year after the model year during which the standard is prescribed. Establishes minimum emissions standards for diesel particulates broken down by vehicle weight. Directs the Administrator to control or prohibit the manufacture and sale of fuel or fuel additives determined to be hazardous air pollutants. Directs the Administrator to prohibit the use of lead or lead additives in gasoline after December 31, 1986.

A bill to authorize appropriations to carry out the Endangered Species Act of 1973 during fiscal years 1986, 1987, 1988, 1989, and 1990.

United States · United States Congress · 20 March 1985

Amends the Endangered Species Act of 1973 to extend the authorization of appropriations for five years, through FY 1990.

A bill to authorize the implementation of a project for the control of beach erosion at Presque Isle Peninsula, Pennsylvania, and for other purposes.

United States · United States Congress · 19 March 1985

Authorizes the Secretary of the Army, acting through the Chief of Engineers, to implement the project for beach erosion control at Presque Isle Peninsula, Pennsylvania. Authorizes appropriations.