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Environment

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168 records in 1981

Records

Bill· HRH.R. 754 (97th)referred

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

United States · United States Congress · 6 January 1981

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

Bill· HRH.R. 763 (97th)referred

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

United States · United States Congress · 6 January 1981

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

Bill· HRH.R. 764 (97th)referred

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

United States · United States Congress · 6 January 1981

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

Bill· HRH.R. 638 (97th)open

National Science Council Act of 1980

United States · United States Congress · 5 January 1981

National Science Council Act of 1980 - Establishes in the National Science Board the National Science Council to decide, after a hearing on the record, any question of scientific fact arising in an agency adjudication referred to such Council which involves the harm any substance may cause to human health. Authorizes the voting members of the Council to elect the Chairman. Directs the Chairman of the Council to give notice of the initial information hearing to all persons participating in such adjudication. Authorizes the Chairman to establish advisory hearing panels to hold such hearing. Permits those persons participating in the adjudication to present relevant oral and written information. Directs the advisory hearing panel to submit to the Council a written report containing the decision of such panel. Sets forth the requirements for reports on questions involving an evaluation of the risk of harm to human health presented by a substance, including a summary of effects observed, the quality of the information presented, and an advisory opinion of such panel. Sets forth Council procedures for final decisions with respect to any question of scientific fact referred to an advisory panel. Requires the agency presiding over the adjudication from which the question is referred to attempt to narrow and resolve such question by stipulations. Requires the Council to respond to the agency within 90 days after a question is referred. Sets forth the requirements of such a response, including written specific findings and hearing transcripts. Makes a determination of the Council with respect to a scientific question binding on subsequent adjudications referred to the council unless the information presented differs substantially from that previously presented. Makes all hearings open unless it is necessary to close a hearing to preserve the confidentiality of any trade secret or otherwise privileged information. Requires all agencies to provide the Council with whatever information it may require. Sets forth the composition of and manner of appointment to the Council. Amends the Consumer Product Safety Act to direct the Consumer Product Safety Commission to refer to the National Science Council, upon the request of any interested person, any question of scientific fact which involves the harm any chemical in or on any consumer product may cause to human health and which is relevant to determining whether such consumer product presents a substantial product hazard. Makes the final decision of the Council the final decision of the Commission with respect to such question. Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to refer to the Council, upon request, any question of scientific fact arising in an adjudication under such Act which involves the harm any food, drug, device, pesticide chemical, food additive, or color additive may cause to human health and which is relevant to determining whether an application is approvable, the approval of an application should be withdrawn, or whether a prohibited act has been committed. Makes the decision of such Council the final decision of the agency with respect to such question. Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to refer to the Council, upon request, any question of scientific fact which involves the harm a pesticide or an active ingredient may cause to human health and which is relevant to determining whether the classification of such pesticide should be changed or the registration of such pesticide should be refused, suspended, or canceled. Makes the decision of such Council the final decision of such agency with respect to such question. Amends the Federal Meat Inspection Act to direct the Secretary of Agriculture to refer to the Council, upon request, any question of scientific fact which involves the harm any meat, meat food product, or carcass may cause to human health and which is relevant to determining whether such meat, meat product, or carcass is adulterated or misbranded. Makes the decision of such Council the final decision of such agency with respect to such question. Amends the Poultry Products Inspection Act to direct the Secretary of Agriculture to refer to the Council, upon request, any question of scientific fact which involves the harm any poultry product may cause to human health and which is relevant to determining whether such poultry or poultry product is adulterated or misbranded. Makes the decision of such Council the final decision of such agency with respect to such question. Amends the Occupational Health and Safety Act to direct the Occupational Health and Safety Commission to refer to the Council, upon request, any question of scientific fact which involves the harm a chemical may cause to human health and which is relevant to determining the validity of any citation. Makes the decision of the Council the final decision of such Commission with respect to such question. Amends the Toxic Substances Control Act to direct the Administrator of the Environmental Protection Agency to refer to the Council, upon request, any question of scientific fact which involves the harm a chemical substance or mixture may cause to human health and which is relevant to making specified determinations under such Act. Makes the decision of the Council the final decision of such agency with respect to such question.

Bill· HRH.R. 496 (97th)referred

A bill to amend the Clean Air Act to promote the use of alcohol as a motor vehicle fuel and as an additive to motor vehicle fuels, and for other purposes.

United States · United States Congress · 5 January 1981

Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to amend certain regulations to require gasoline retail outlets to offer a blend of unleaded gasoline and alcohol, containing not less than ten percent alcohol, if supplies of such a blend are reasonably available. Directs the Secretary of Energy and the Administrator to facilitate, cooperatively, the expanded production and distribution of alcohol for use as a motor fuel and fuel additive. Directs the Administrator not to impose specified prohibitions on the use of alcohol as a fuel unless such prohibitions will result in better air quality.

Bill· HRH.R. 443 (97th)referred

A bill to amend the Federal Hazardous Substances Act to establish labeling requirements applicable to substances which cause chronic health side effects, and for other purposes.

United States · United States Congress · 5 January 1981

Amends the Federal Hazardous Substances Act to establish labeling requirements for substances which cause chronic health side effects. Authorizes the Consumer Product Safety Commission to determine which substances or mixtures of substances possess chronic toxicity and are capable of being ingested, inhaled, or absorbed into the human body through any customary or reasonably foreseeable handling, use, or misuse. Sets forth criteria for the determination of toxicity. Sets forth labeling requirements for such substances, including: (1) a statement which describes the nature of a side effect and an explanation of procedures to be followed to counteract such side effect; and (2) a warning where a substance has been determined to possess chronic toxicity that such substance has been shown to cause cancer in animals or in humans.

Bill· HRH.R. 395 (97th)referred

A bill to amend the Clean Air Act.

United States · United States Congress · 5 January 1981

Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to consider coal mined in bordering States as "locally or regionally available" for purposes of hearings and proceedings on major fuel burning stationary sources and measures to prevent economic disruption or unemployment.

Bill· HRH.R. 287 (97th)referred

State Legislative and Administrative Procedure Protection Act of 1981

United States · United States Congress · 5 January 1981

State Legislative and Administrative Procedure Protection Act of 1981 - Requires any final rule promulgated by the Administrator of the Environmental Protection Agency, which would nullify any State law or administrative procedure, to be transmitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives. Prohibits such a rule from becoming effective if either House passes a resolution disapproving it within 30 days of continuous session after it is submitted to Congress.

Bill· HRH.R. 393 (97th)open

A bill to amend section 404 of the Federal Water Pollution Control Act to restrict the jurisdiction of the United States over discharge of dredged or fill material to discharges into waters which are navigable and for other purposes.

United States · United States Congress · 5 January 1981

Amends the Federal Water Pollution Control Act to direct (currently authorizes) the Secretary of the Army, acting through the Chief of Engineers, to issue permits for the discharge of dredged or fill material into navigable waters at a disposal site or sites specified by the applicant (currently specified by the Secretary), unless the Secretary determines that such site cannot be specified through the application of certain guidelines or other considerations. Limits the definition of "navigable waters" for purposes of such permits to mean all waters which are presently used or are susceptible to use in their natural condition as a means to transport interstate or foreign commerce shoreward to their ordinary high water mark, including all waters which are subject to the ebb and flow of the tide shoreward to their mean high water mark. Declares that the discharge of dredged or fill material in waters other than navigable waters (as limited by such definition) is not prohibited by or otherwise subject to regulation under any Act of Congress. Repeals provisions relating to State programs of permits for the discharge of dredged or fill material into other types of navigable waters. Eliminates the qualifying phrase "to the maximum extent practicable" in the requirement that specified agreements between Federal agencies assure that decisions on permit applications be made within 90 days of published notice.

Bill· HRH.R. 85 (97th)open

Comprehensive Oil Pollution Liability and Compensation Act

United States · United States Congress · 5 January 1981

Comprehensive Oil Pollution Liability and Compensation Act - Title I: Oil Pollution Liability and Compensation - Provides that, in addition to the processing and settlement of claims, the Comprehensive Oil Pollution Liability Trust Fund (Fund), established in title II of this Act, is immediately available to pay specified removal costs arising out of an oil pollution incident. Authorizes the Secretary of Transportation to issue regulations designating the person or persons who may obligate available money in the Fund for such purposes. Permits claims for damages for economic loss, incurred within a specified time, to be asserted for: (1) removal costs; (2) injury to or destruction of property or natural resources; and (3) loss of profits or impairment of earning capacity due to such injury or destruction. Specifies the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several, and strict liability on the owners and operators of each pollution source. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships and other vessels. Directs the Secretary of Transportation to establish limits on the liability of classes of facilities used for transporting, producing, processing, storing, or transferring oil. Requires owners or operators of vessels over 300 tons (including foreign vessels) and owners or operators of offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Permits any owner or operator of more than one vessel or offshore facility to establish financial responsibility only to meet the maximum liability of the largest of such vessels or facilities, as the case may be. Provides for the enforcement of such financial responsibility requirements. States, in the case of an owner who is the holder of a leasehold interest or permit for the exploration of oil offshore, that evidence of financial responsibility established for the leasehold shall cover such owner for all facilities located on the leasehold. Provides that where an offshore facility is owned or operated by more than one person, evidence of financial responsibility may be established by any one of the owners or operators or in consolidated form. Requires owners or operators of each tank motor vehicle operated on highways and transporting oil in bulk, with a water capacity of more than 3,500 gallons, to establish and maintain evidence of specified financial responsibility. Limits the total liability of any guarantor, under this title, to the aggregate amount which such guarantor has provided as evidence of financial responsibility (except in cases of bad faith by a guarantor in settling a claim). Specifies procedures whereby the Secretary shall designate and advertise pollution sources. Directs the Secretary to advertise claims to be presented initially to the owner or operator, or to such person's guarantor, in instances in which: (1) the owner and operator of a vessel or facility designated by the Secretary deny such vessel's or facility's involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source. Permits claimants either to present a claim to the Fund or to bring an action in an appropriate United States court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the Fund. Requires both the plaintiff and the defendant in a court action brought against an owner, operator, or guarantor to forward copies of all pleadings to the Fund. Permits the Fund to intervene in such actions. Subrogates any person or Government entity, including the Fund, paying compensation, to all the claimant's claims and rights under this Act. Specifies procedures for and the measure of recovery in actions brought by the fund against owners, operators or guarantors of alleged pollution sources. Grants U.S. district courts exclusive original jurisdiction over all controversies arising under this title, without regard to the citizenship of the parties or the amount in controversy. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment). Sets penalties for persons failing to comply with specified provisions in this Act. Authorizes appropriations for this title. Directs the Secretary to submit an annual report to Congress on the administration of this title. Title II: Fund and Tax - Establishes the Fund in the Treasury of the United States. Transfers to the Fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the petroleum excise tax; (2) the amounts recovered or collected on behalf of such Fund under title I of this Act; and (3) any penalties imposed under title I of this Act or under oil and hazardous substances liability provisions of the Federal Water Pollution Control Act insofar as these relate to petroleum oils. Makes amounts in the Fund available only to pay claims for compensable damages recognizable under title I of this Act (including costs incurred by the United States by reason of such claims). Defines "compensable damages" for purposes of the Act. Restricts interest payable out of the Fund. Provides for certain interfund loans, under specified conditions. Directs the Secretary of the Treasury to consult with the Secretary of Transportation, in the case of the Fund, and with the Administrator of the Environmental Protection Agency, in the case of the Hazardous Substance Trust Fund, concerning such interfund loans. Limits payment of claims by the Fund by requiring a minimum balance of at least $30,000,000 in the Fund. States that claims are to be paid in the order in which they were finally determined. Limits U.S. liability for payment of claims under this Act to the amounts in the Funds established under this title. Prohibits the funds from borrowing any money from the general fund of the Treasury, other than a first year authorization of appropriations as a repayable advance. Sets forth administrative provisions for the Fund, including methods of transfer, management, and investment. Coordinates this title with other provisions in this Act. Provides that nothing in this Act other than this title shall authorize: (1) the establishment of any fund; (2) the payment out of any fund created by this title; (3) the levy or collection of any fee; or (4) the imposition of any requirement with respect to the procedure applicable to rules and regulations prescribed under this title. Provides that, to the extent not inconsistent with this title, any reference in title I of this Act to a fund shall be deemed to refer to the Fund. Provides that, if the balance in any fund is to be transferred to the Fund, then any claim arising before October 1, 1981, which would have been payable out of the other fund shall be payable out of the Fund. Provides that if the Secretary of the Treasury determines that there is: (1) a Trans-Alaska Pipeline (TAP) Liability Fund surplus, then the amount of such surplus shall be treated as an advance payment of the petroleum excise tax on crude oil first transported through the TAP after the date of such determination; or (2) a TAP fund deficit, then the petroleum excise tax on such crude oil shall be increased by two cents per barrel until the total amount of such increased tax equals such deficit. Bases such TAP fund surplus or deficit on whether the amount transferred to the Fund from the TAP Liability Fund is greater or lesser than the total amount of claims which the Secretary of the Interior certifies as outstanding against the TAP Liability Fund at the time of such transfer. Amends the Internal Revenue Code of 1954 to provide for environmental excise taxes on petroleum and certain chemicals. Imposes an excise tax (the "petroleum tax"), for fiscal years 1981 through 1986, of 1.3 cents a barrel on: (1) crude oil received at a U.S. refinery, to be paid by the operator; (2) petroleum products entered into the United States for consumption, use, or warehousing, to be paid by the person entering such product; and (3) any domestic crude oil used in or exported from the United States which has not been taxed under (1), to be paid by the person using or exporting such crude oil. Exempts from such tax domestic crude oil used, on the premises where it was produced, for extracting oil or natural gas. Defines 'crude oil', 'petroleum product', and 'United States' for purposes of the Act. Provides that only one such petroleum tax shall be imposed on any petroleum product. Title III: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, and the Trans-Alaska Pipeline Act, to conform with the provisions of this Act. Requires pro rata rebates to owners of oil when: (1) the amount of actual claims settled is less than the amount of claims certified against the Trans-Alaska Pipeline Liability Fund (TAP fund) or (2) any TAP fund surplus is not used as an advanced payment to the Comprehensive Oil Pollution Liability Fund. Amends the Federal Water Pollution Control Act to provide that the Secretary of the Army shall make any determination with respect to specified provisions applying to certain navigable waters.

Bill· HRH.R. 170 (97th)referred

A bill to amend title 39 of the United States Code to provide for the right of employees of the Postal Service to a safe working environment, and for other purposes.

United States · United States Congress · 5 January 1981

Declares that a Postal Service employee who stops working because of abnormally dangerous working conditions shall not be considered to be striking. Prohibits another Postal Service employee or officer from interfering with such employee's right not to work under such conditions.

Bill· HRH.R. 286 (97th)referred

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

United States · United States Congress · 5 January 1981

Amends the Clean Air Act to provide for exemptions from specified provisions or regulations relating to: (1) emission standards for new motor vehicles or engines; (2) the removal or rendering inoperative of automobile emission control devices or design elements; and (3) the control or prohibition of fuels, classes of fuels, or fuel additives. Requires, as a basis for such exemptions, that the Administrator of the Environmental Protection Agency determine that the use in question will occur predominantly in an area in which the reduction of motor vehicle emissions is not necessary to attain and maintain the national ambient air quality standards. Establishes a civil penalty for the removal or rendering inoperative of motor vehicle pollution control devices or design elements by any person, after sale and delivery to the ultimate purchaser, in circumstances where such exemptions do not apply. Requires, as a qualification for area-of-use fuel exemptions, that such fuels or additives will not impair emission control devices or system performance.

Bill· HRH.R. 29 (97th)open

A bill to require the Secretary of Commerce to undertake a study to determine the effects of certain past ocean dumping of radioactive wastes.

United States · United States Congress · 5 January 1981

Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to require the Secretary of Commerce to conduct and submit to Congress a study on the effects of radioactive waste disposal in ocean waters from 1946 to 1970 on: (1) benthic and other marine life; and (2) human health as a result of radioactive contamination of marine life in the food chain. Directs the Secretary, in carrying out such study, to locate and survey specified radioactive waste disposal sites in ocean waters.

Bill· HJRESH.J.Res. 7 (97th)referred

A joint resolution proposing that a Presidential commission be established to study full implications of compliance with the Clean Air Act, as amended, and adjusting the criteria that is used in monitoring air quality.

United States · United States Congress · 5 January 1981

Directs the President to appoint an ad hoc commission to conduct a study of the effects that full compliance with the Clean Air Act by every State would have nationally on: (1) employment; (2) economics; (3) health and safety; and (4) energy supplies and demands. Prohibits, during the study and for six months thereafter, the monitoring of stationary source stack emissions by the Environmental Protection Agency on any time schedule less than an average of the previous 30 days.

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