Superfund Improvement Act of 1985

Summary

Superfund Improvement Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to specify how such program operates within Indian lands. Exempts remedial actions on Indian lands from the cost-sharing and future maintenance requirements imposed on States and requires the President to assure the availability of off-site disposal capability. Authorizes Indian tribes to recover damages for injury to or loss of natural resources resulting from releases of hazardous substances. Treats Indian tribes substantially like States for certain information, notification, and planning provisions. Includes household water supplies within the scope of alternative water supplies for replacement purposes. Permits a State to apply a credit for certain cleanup expenditures to a site other than the one at which the credit was earned, including credits earned at a National Priority List (NPL) site before the commitment of Federal funds. Requires the State to enter into a cooperative agreement or contract for this purpose. Limits the 50 percent (or greater) cost-sharing of cleanup obligations of a State or local government which owns a targeted facility to those situations where the State or local government both owns and operates such facility. Requires the President to consider long-term as well as short-term costs and to stress permanent solutions to waste contamination when selecting cost-effective remedial responses. Establishes a general cleanup standard for remedial actions which at least provides for the protection of human health and the environment. Requires site specific solutions where needed. States that on-site cleanup must comply with this standard but permits are not required under the Resource Conservation and Recovery Act of 1976 (RCRA) (Solid Waste Disposal Act). Makes the cleanup of contaminated ground and surface water at NPL sites remedial action requiring State and Federal participation. Limits such designation and Federal involvement to five years or until the general protection standard is met. Requires as a condition of receiving Superfund money for remedial actions that a State provide assurances that there will be adequate capacity and access to hazardous waste management facilities in compliance with RCRA for a State's hazardous waste for the next 20 years. Permits the President to enter into cooperative agreements with States for hazardous waste cleanup on a multi-site basis with reimbursement of costs associated with securing site responses from responsible parties. Revises the health-related authorities of the Agency for Toxic Substances and Disease Registry (ATSDR) to require ATSDR to: (1) provide State and local governments with consultations on toxic or hazardous substances health-related issues; (2) perform health assessments at all NPL sites and certain RCRA hazardous waste disposal facilities; (3) provide health assessments for certain individuals upon request; (4) establish a priority system for assessing CERCLA and RCRA sites based upon the degree of risk to human health; (5) receive and if necessary act upon State and local health assessments as well as its own; (6) report results and recommendations on assessments to the applicable State and the Administrator of the Environmental Protection Agency (EPA); (7) recover assessment costs from the site owner or operator; (8) conduct pilot epidemiological studies; (9) establish a registry of exposed persons if necessary; and (10) study and report to the Congress on the cost-effectiveness of medical surveillance programs. Directs the President to reduce exposures which an assessment or study finds present significant risks to human health and to mitigate such risks by providing alternative water supplies and individual relocations among other steps. Prohibits health-related activities from impeding cleanup activities. Directs the Administrator of ATSDR to prepare and update a list of hazardous substances which present the most significant potential threat to human health because of their pervasiveness or toxicity. Requires the Administrator to initiate research programs for substances about which not much is known and to coordinate them with toxicological testing techniques. Requires such research to be coordinated with other research efforts of EPA. Expresses the sense of the Congress that the costs of such research should be borne by the manufacturers of the substance in question or, where this is not practical, by the parties responsible for the release of such substance. Directs the Administrator to prepare and update toxicological profiles on each listed substance. Subjects all such research findings to peer review before dissemination. Authorizes the Administrator to establish and report to the Congress on a toxic substance diagnostic education program for health professionals. Earmarks funding from Superfund for the expenses of ATSDR. Amends the Solid Waste Disposal Act to require owners and operators of landfills and surface impoundments to submit to EPA or a State with an authorized program an assessment of the potential for public exposure to hazardous substances released from their units. Makes such information available to ATSDR, which may then conduct its own assessment of a particular site if necessary. Amends CERCLA to require an opportunity for public comment before a particular remedial action is chosen for any site or any settlement agreement is made. Directs the Administrator of EPA to place a high priority on purchasing the remaining properties in the Love Canal emergency declaration area, Niagara Falls, New York. Directs the President to revise the National Hazardous Substance Plan part of the National Contingency Plan to provide procedures and standards for remedial actions pursuant to this Act. Requires the President to amend the hazard ranking system to accurately reflect the relative degree of risk to human health and the environment posed by sites and facilities subject to review. Requires such system to be applied to sites and facilities newly listed on the NPL. Renders State or local governments not liable for damages from non-negligent actions taken in response to emergencies created by the release of a hazardous substance, pollutant, or contaminant from a site or facility owned by another person. Authorizes the Administrator to indemnify contractors engaged to respond to the release of hazardous substances. Permits direct claims against the financial guarantor of certain vessels carrying hazardous substances only if the owner or operator is in bankruptcy, insolvency, or out of the jurisdiction of the Federal courts. Entitles the guarantor to use all defenses that such guarantor would have available if an action has been brought by the owner or operator against such guarantor. Limits the liability of guarantors acting in good faith. Authorizes the President to specify conditions for establishing evidence of financial responsibility. Permits the use of Superfund to pay for alternative water supplies in cases involving federally owned facilities where groundwater contamination exists beyond the Federal boundary and such facility is not the only potentially responsible party. Extends the statute of limitations for filing claims against Superfund or responsible parties for damages to natural resources until the later of three years after discovery or the promulgation of damage assessment regulations. Permits the review of CERCLA regulations in any U.S. Court of Appeals. Provides a procedure to determine the forum when more than one appeal has been made. Declares that States are not preempted by Superfund from taxing the same hazardous substances as Superfund does. Requires the Administrator and States that have entered into cooperative agreements to concur in the selection of cleanup actions at Federal facilities. Deems consistent with CERCLA, and directs the Administrator to consider using, recommendation 84-4 of the Administrative Conference of the United States relating to facilitating negotiated private party cleanup of hazardous substances. Reauthorizes Superfund through FY 1990. Sets forth funding transfers and limitations.

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Documents

4 official files

• Indefinitely postponed in Senate

  summary · EN · 24 September 1985

  Open at official source

• Reported to Senate amended, 2nd committee reporting

  summary · EN · 23 May 1985

  Open at official source

• Reported to Senate amended, 1st committee reporting

  summary · EN · 7 March 1985

  Open at official source

• Introduced in Senate

  summary · EN · 3 January 1985

  Open at official source

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