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SUPERFUND AMENDMENTS AND REAUTHORIZATION
ACT OF 1986 (SARA)
655
December 31, 2002
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December 31, 2002
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[As Amended Through P.L. 107–377, December 31, 2002]
TABLE OF CONTENTS FOR PROVISIONS OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF
1986 WHICH DID NOT AMEND EXISTING LAWS 1
Sec. 1. Short title and table of contents.
Sec. 2. CERCLA and Administrator.
TITLE I—PROVISIONS RELATING PRIMARILY TO RESPONSE AND LIABILITY
Sec.
Sec.
Sec.
Sec.
118.
120.
121.
126.
Miscellaneous provisions.
Federal facilities.
Cleanup standards.
Worker protection standards.
Sec.
Sec.
Sec.
Sec.
205.
209.
211.
213.
Cleanup of petroleum from leaking underground storage tanks.
Research, development, and demonstration.
Department of Defense environmental restoration program.
Love Canal property acquisition.
TITLE II—MISCELLANEOUS PROVISIONS
TITLE III—EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
Sec. 300. Short title; table of contents.
Subtitle A—Emergency Planning and Notification
Sec. 301. Establishment of State commissions, planning districts, and local committees.
Sec. 302. Substances and facilities covered and notification.
Sec. 303. Comprehensive emergency response plans.
Sec. 304. Emergency notification.
Sec. 305. Emergency training and review of emergency systems.
Subtitle B—Reporting Requirements
Sec. 311. Material safety data sheets.
Sec. 312. Emergency and hazardous chemical inventory forms.
Sec. 313. Toxic chemical release forms.
Subtitle C—General Provisions
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
321.
322.
323.
324.
325.
326.
327.
328.
329.
330.
Relationship to other law.
Trade secrets.
Provision of information to health professionals, doctors, and nurses.
Public availability of plans, data sheets, forms, and followup notices.
Enforcement.
Civil actions.
Exemption.
Regulations.
Definitions.
Authorization of appropriations.
1 This table of contents shows only those provisions included in this publication. For the complete table of contents for the Superfund Amendments and Reauthorization Act of 1986, see
Public Law 99–499 (Oct. 17, 1986; 100 Stat. 1613).
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SARA OF 1986
Sec.
Sec.
Sec.
Sec.
Sec.
658
TITLE IV—RADON GAS AND INDOOR AIR QUALITY RESEARCH
401. Short title.
402. Findings.
403. Radon gas and indoor air quality research program.
404. Construction of title.
405. Authorizations.
TITLE V—AMENDMENTS OF THE INTERNAL REVENUE CODE OF 1986
Sec. 501. Short title.
PART I—SUPERFUND
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AND ITS
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REVENUE SOURCES
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PART II—LEAKING UNDERGROUND STORAGE TANK TRUST FUND
SOURCES
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PART III—COORDINATION WITH OTHER PROVISIONS
Sec. 531. Coordination.
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AND ITS
REVENUE
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OF
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THIS ACT
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PROVISIONS OF THE SUPERFUND AMENDMENTS AND
REAUTHORIZATION ACT OF 1986 WHICH DID NOT
AMEND EXISTING LAWS
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
This Act may be cited as the ‘‘Superfund Amendments and Reauthorization Act of 1986’’.
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SEC. 2. CERCLA AND ADMINISTRATOR.
As used in this Act—
(1) CERCLA.—The term ‘‘CERCLA’’ means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
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TITLE I—PROVISIONS RELATING PRIMARILY TO RESPONSE
AND LIABILITY
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SEC. 118. MISCELLANEOUS PROVISIONS.
(a) PRIORITY FOR DRINKING WATER
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SUPPLIES.—[See section 118
of CERCLA.]
(b) REMOVAL AND TEMPORARY STORAGE OF CONTAINERS OF
RADON CONTAMINATED SOIL.—Not later than 90 days after the enactment of this Act, the Administrator shall make a grant of
$7,500,000 to the State of New Jersey for transportation from residential areas in the State of New Jersey and temporary storage of
approximately 14,000 containers of radon contaminated soil which
is the subject of a remedial action for which a remedial investigation and feasibility study has been initiated before such date. Such
containers shall be transported to and temporarily stored at any
site in the State of New Jersey designated by the Governor of such
State. For purposes of section 111(a) of CERCLA, the grant under
this subsection for transportation and storage of such containers
shall be treated as payment of governmental response cost incurred
pursuant to section 104 of CERCLA.
(c) UNCONSOLIDATED QUATERNARY AQUIFER.—Notwithstanding
any other provision of law, no person may—
(1) locate or authorize the location of a landfill, surface impoundment, waste pile, injection well, or land treatment facility over the Unconsolidated Quaternary Aquifer, or the recharge zone or streamflow source zone of such aquifer, in the
Rockaway River Basin, New Jersey (as such aquifer and zones
are described in the Federal Register, January 24, 1984, pages
2946–2948); or
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(2) place or authorize the placement of solid waste in a
landfill, surface impoundment, waste pile, injection well, or
land treatment facility over such aquifer or zone.
This subsection may be enforced under sections 309 (a) and (b) of
the Federal Water Pollution Control Act. For purposes of section
309(c) of such Act, a violation of this subsection shall be considered
a violation of section 301 of such Act.
(d) STUDY OF SHORTAGES OF SKILLED PERSONNEL.—The Comptroller General shall study the problem of shortages of skilled personnel in the Environmental Protection Agency to carry out response actions under CERCLA. In particular the Comptroller General shall study—
(1) the types of skilled personnel needed for response actions for which there are shortages in the Environmental Protection Agency,
(2) the extent of such shortages,
(3) pay differential between the public and private sectors
for the skilled positions involved in reponse actions,
(4) the extent to which skilled personnel of Federal and
State governments involved in response actions are leaving
their positions for employment in the private sector,
(5) the success of programs of the Department of Defense
and the Office of Personnel Management in retaining skilled
personnel, and
(6) the types of training required to improve the skills of
employees carrying out response actions.
The Comptroller General shall complete the study required by this
subsection and submit a report on the results thereof to Congress
not later than July 1, 1987.
(e) STATE REQUIREMENTS NOT APPLICABLE TO CERTAIN TRANSFERS.—No State or local requirement shall apply to the transfer
and disposal of any hazardous substance or pollutant or contaminant from a facility at which a release or threatened release has
occurred to a facility for which a final permit under section 3005(a)
of the Solid Waste Disposal Act is in effect if the following conditions apply—
(1) Such permit was issued after January 1, 1983, and before November 1, 1984.
(2) The transfer and disposal is carried out pursuant to a
cooperative agreement between the Administrator and the
State.
(3) The facility at which the release or threatened release
has occurred is identified as the McColl Site in Fullerton, California.
The terms used in this section shall have the same meaning as
when used in title I of CERCLA.
(f) STUDY OF LEAD POISONING IN CHILDREN.—(1) The Administrator of the Agency for Toxic Substances and Disease Registry
shall, in consultation with the Administrator of the Environmental
Protection Agency and other officials as appropriate, not later than
March 1, 1987, submit to the Congress, a report on the nature and
extent of lead poisoning in children from environmental sources.
Such report shall include, at a minimum, the following
information—
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(A) an estimate of the total number of children, arrayed
according to Standard Metropolitan Statistical Area or other
appropriate geographic unit, exposed to environmental sources
of lead at concentrations sufficient to cause adverse health effects;
(B) an estimate of the total number of children exposed to
environmental sources of lead arrayed according to source or
source types;
(C) a statement of the long-term consequences for public
health of unabated exposures to environmental sources of lead
and including but not limited to, diminution in intelligence, increases in morbidity and mortality; and
(D) methods and alternatives available for reducing exposures of children to environmental sources of lead.
(2) Such report shall also score and evaluate specific sites at
which children are known to be exposed to environmental sources
of lead due to releases, utilizing the Hazard Ranking system of the
National Priorities List.
(3) The costs of preparing and submitting the report required
by this section shall be borne by the Hazardous Substance Superfund established under subchapter A of chapter 98 of Internal Revenue Code of 1954.
(g) FEDERALLY LICENSED DAM.—For purposes of CERCLA in
the case of the Milltown Dam in the State of Montana licensed
under part 1 of the Federal Power Act and designated as FERC license number 2543–004, if a hazardous substance, pollutant, or
contaminant—
(1) has been released into the environmental upstream of
the dam, and
(2) has subsequently come to be located in the reservoir
created by such dam
notwithstanding section 101(20) of such Act, the term ‘‘owner or operator’’ does not include the owner or operator of the dam unless
such owner or operator is a person who would otherwise be liable
for such release or threatened release under section 107 of such
Act.
(h) COMMUNITY RELOCATION AT TIMES BEACH SITE.—For purposes of any Missouri dioxin site at which a temporary or permanent relocation decision has been made, or is under active consideration, by the Administrator as of the enactment of this Act, the
terms ‘‘remove’’ and ‘‘removal’’ as used in CERCLA shall be deemed
to include the costs 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. In the case of a business located in an area of evacuation or relocation at such facility,
such terms may also include the payment of those installments of
principal and interest on business debt which accrue between the
date of evacuation or temporary relocation and 30 days following
the date that permanent relocation is actually accomplished or, if
permanent relocation is formally rejected as the appropriate response, the date on which evacuation or temporary relocation
ceases. In the case of an individual unemployed as a result of such
evacuation or relocation, such terms may also include the provision
of assistance identical to that authorized by sections 407, 408, and
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409 of the Disaster Relief Act of 1974 1; except that the costs of
such assistance shall be paid from the Trust Fund established
under amendments made to the Internal Revenue Code of 1954 by
this Act. Section 104(c)(1) of CERCLA shall not apply to obligations
from the Fund for permanent relocation under this paragraph.
(i) LIMITED WAIVERS IN STATE OF ILLINOIS.—
(1) MOBILE INCINERATORS.—In the case of remedial actions
specifically involving mobile incinerator units in the State of Illinois, if such remedial actions are undertaken by the State
under the authority of a State Superfund law or equivalent authority, the State may, with the approval of the Administrator,
waive any permit requirement under subtitle C of the Solid
Waste Disposal Act which would be otherwise applicable to
such action to the extent that the following conditions are met:
(A) NO TRANSFER.—The incinerator does not involve
the transfer of a hazardous substance or pollutant or contaminant from the facility at which the release or threatened release occurs to an offsite facility.
(B) REMEDIAL ACTION.—The remedial action provides
each of the following:
(i) Changes in the character or composition of the
hazardous substance or pollutant or contaminant concerned so that it no longer presents a risk to public
health.
(ii) Protection against accidental emissions during
operation.
(iii) Protection of public health considering the
multimedia impacts of the treatment process.
(C) PUBLIC PARTICIPATION.—The State provides procedures for public participation regarding the response action which are at least equivalent to the level of public
participation procedures applicable under CERCLA and
under the Solid Waste Disposal Act.
(2) EFFECT OF WAIVER.—The waiver of any permit requirement under this subsection shall not be construed to waive any
standard or level of control which—
(A) is applicable to any hazardous substance or pollutant or contaminant involved in the remedial action; and
(B) would otherwise be contained in the permit.
Such waiver of any permit requirement under subtitle C of the
Solid Waste Disposal Act shall only apply to the extent that
the facility or remedial action involves the onsite treatment
with a mobile incineration unit of waste present at such site.
The waiver shall not apply to any other regulated or potentially regulated activity, including the use of the mobile incineration unit for actions not authorized by the State.
(3) EXPIRATION OF AUTHORITY.—The authority of this subsection shall terminate at the end of 3 years, unless the State
demonstrates, to the satisfaction of the Administrator, that the
operation of mobile incinerators in the State has sufficiently
protected public health and the environment and is consistent
1 So in law. Probably should refer to the ‘‘Robert T. Stafford Disaster Relief and Emergency
Assistance Act’’, pursuant to the amendment to the short title of such Act made by section 102
of Public Law 100–707.
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with the criteria required for a permit under subtitle C of the
Solid Waste Disposal Act.
(j) STUDY OF JOINT USE OF TRUCKS.—
(1) STUDY.—The Administrator, in consultation with the
Secretary of Transportation, shall conduct a study of problems
associated with the use of any vehicle for purposes other than
the transportation of hazardous substances when that vehicle
is used at other times for the transportation of hazardous substances. At a minimum, the Administrator shall consider—
(A) whether such joint use of vehicles should be prohibited, and
(B) whether, if such joint use is permitted, special
safeguards should be taken to minimize threats to public
health and the environment.
(2) REPORT.—The Administrator shall submit a report,
along with recommendations, to Congress on the results of the
study conducted under paragraph (1) not later than 180 days
after the date of the enactment of this Act.
(k) RADON ASSESSMENT AND MITIGATION.—
(1) NATIONAL ASSESSMENT OF RADON GAS.—No later than
one year after the enactment of this Act, the Administrator
shall submit to the Congress a report which shall, to the extent
possible—
(A) identify the locations in the United States where
radon is found in structures where people normally live or
work, including educational institutions;
(B) assess the levels of radon gas that are present in
such structures;
(C) determine the level of radon gas and radon daughters which poses a threat to human health and assess for
each location identified under subparagraph (A) the extent
of the threat to human health;
(D) determine methods of reducing or eliminating the
threat to human health of radon gas and radon daughters;
and
(E) include guidance and public information materials
based on the findings or research of mitigating radon.
(2) RADON MITIGATION DEMONSTRATION PROGRAM.—
(A) DEMONSTRATION PROGRAM.—The Administrator
shall conduct a demonstration program to test methods
and technologies of reducing or eliminating radon gas and
radon daughters where it poses a threat to human health.
The Administrator shall take into consideration any demonstration program underway in the Reading Prong of
Pennsylvania, New Jersey, and New York and at other
sites prior to enactment. The demonstration program
under this section shall be conducted in the Reading
Prong, and at such other sites as the Administrator considers appropriate.
(B) LIABILITY.—Liability, if any, for persons undertaking activities pursuant to the radon mitigation demonstration program authorized under this subsection shall
be determined under principles of existing law.
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(3) CONSTRUCTION OF SECTION.—Nothing in this subsection
shall be construed to authorize the Administrator to carry out
any regulatory program or any activity other than research,
development, and related reporting, information dissemination,
and coordination activities specified in this subsection. Nothing
in paragraph (1) or (2) shall be construed to limit the authority
of the Administrator or of any other agency or instrumentality
of the United States under any authority of law.
(l) GULF COAST HAZARDOUS SUBSTANCE RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTER.—
(1) ESTABLISHMENT OF HAZARDOUS SUBSTANCE RESEARCH,
DEVELOPMENT, AND DEMONSTRATION CENTER.—The Administrator shall establish a hazardous substance research, development, and demonstration center (hereinafter in this subsection
referred to as the ‘‘Center’’) for the purpose of conducting research to aid in more effective hazardous substance response
and waste management throughout the Gulf Coast.
(2) PURPOSES OF THE CENTER.—The Center shall carry out
a program of research, evaluation, testing, development, and
demonstration of alternative or innovative technologies which
may be utilized in response actions or in normal handling of
hazardous wastes to achieve better protection of human health
and the environment.
(3) OPERATION OF CENTER.—(A) For purposes of operating
the Center, the Administrator is authorized to enter into contracts and cooperative agreements with, and make grants to,
a university related institute involved with the inprovement of
waste management. Such institute shall be located in Jefferson
County, Texas.
(B) The Center shall be authorized to make grants, accept
contributions, and enter into agreements with universities located in the States of Texas, Louisiana, Mississippi, Alabama,
and Florida in order to carry out the purposes of the Center.
(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Administrator for purposes of
carrying out this subsection for fiscal years beginning after
September 30, 1986, not more than $5,000,000.
(m) RADON PROTECTION AT CURRENT NATIONAL PRIORITIES
LIST SITES.—It is the sense of the Congress that the President, in
selecting response action for facilities included on the National Priorities List published under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 because of the presence of radon, is not required by statute or regulations to use fully demonstrated methods, particularly those involving the offsite transport and disposition of contaminated material,
but may use innovative or alternative methods which protect
human health and the environment in a more cost-effective manner.
(n) SPILL CONTROL TECHNOLOGY.—
(1) ESTABLISHMENT OF PROGRAM.—Within 180 days of enactment of this subsection, the Secretary of the United States
Department of Energy is directed to carry out a program of
testing and evaluation of technologies which may be utilized in
responding to liquefied gaseous and other hazardous substance
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spills at the Liquefied Gaseous Fuels Spill Test Facility that
threaten public health or the environment.
(2) TECHNOLOGY TRANSFER.—In carrying out the program
established under this subsection, the Secretary shall conduct
a technology transfer program that, at a minimum—
(A) documents and archives spill control technology;
(B) investigates and analyzes significant hazardous
spill incidents;
(C) develops and provides generic emergency action
plans;
(D) documents and archives spill test results;
(E) develops emergency action plans to respond to
spills;
(F) conducts training of spill response personnel; and
(G) establishes safety standards for personnel engaged
in spill response activities.
(3) CONTRACTS AND GRANTS.—The Secretary is directed to
enter into contracts and grants with a nonprofit organization
in Albany County, Wyoming, that is capable of providing the
necessary technical support and which is involved in environmental activities related to such hazardous substance related
emergencies.
(4) USE OF SITE.—The Secretary shall arrange for the use
of the Liquefied Gaseous Fuels Spill Test Facility to carry out
the provisions of this subsection.
(o) PACIFIC NORTHWEST HAZARDOUS SUBSTANCE RESEARCH,
DEVELOPMENT, AND DEMONSTRATION CENTER.—
(1) ESTABLISHMENT.—The Administrator shall establish a
hazardous substance research, development, and demonstration center (hereinafter in this subsection referred to as the
‘‘Center’’) for the purpose of conducting research to aid in more
effective hazardous substance response in the Pacific Northwest.
(2) PURPOSES OF CENTER.—The Center shall carry out a
program of research, evaluation, testing, development, and
demonstration of alternative or innovative technologies which
may be utilized in response actions to achieve more permanent
protection of human health and welfare and the environment.
(3) OPERATION OF CENTER.—
(A) NONPROFIT ENTITY.—For the purposes of operating
the Center, the Administrator is authorized to enter into
contracts and cooperative agreements with, and make
grants to, a nonprofit private entity as defined in section
201(i) of Public Law 96–517 which entity shall agree to
provide the basic technical and management personnel.
Such nonprofit private entity shall also agree to provide at
least two permanent research facilities, one of which shall
be located in Benton County, Washington, and one of
which shall be located in Clallam County, Washington.
(B) AUTHORITIES.—The Center shall be authorized to
make grants, accept contributions, and enter into agreements with universities located in the States of Washington, Oregon, Idaho, and Montana in order to carry out
the purposes of the Center.
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(4) HAZARDOUS WASTE RESEARCH AT THE HANFORD SITE.—
(A) INTERAGENCY AGREEMENTS.—The Administrator
and the Secretary of Energy are authorized to enter into
interagency agreements with one another for the purpose
of providing for research, evaluation, testing, development,
and demonstration into alternative or innovative technologies to characterize and assess the nature and extent
of hazardous waste (including radioactive mixed waste)
contamination at the Hanford site, in the State of Washington.
(B) FUNDING.—There is authorized to be appropriated
to the Secretary of Energy for purposes of carrying out this
paragraph for fiscal years beginning after September 30,
1986, not more than $5,000,000. All sums appropriated
under this subparagraph shall be provided to the Administrator by the Secretary of Energy, pursuant to the interagency agreement entered into under subparagraph (A),
for the purpose of the Administrator entering into contracts and cooperative agreements with, and making
grants to, the Center in order to carry out the research,
evaluation, testing, development, and demonstration described in paragraph (1).
(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator for purposes of
carrying out this subsection (other than paragraph (4)) for fiscal years beginning after September 30, 1986, not more than
$5,000,000.
(p) SILVER CREEK TAILINGS.—Effective with the date of enactment of this Act, the facility listed in Group 7 in EPA National Priorities List Update #4 (50 Federal Register 37956, September 18,
1985), the site in Park City, Utah, which is located on tailings from
noncoal mining operations, shall be deemed removed from the list
of sites recommended for inclusion on the National Priorities List,
unless the President determines upon site specific data not used in
the proposed listing of such facility, that the facility meets requirements of the Hazard Ranking System or any revised Hazard Ranking System.
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SEC. 120. FEDERAL FACILITIES.
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(b) LIMITED GRANDFATHER.—Section 120 of CERCLA shall not
apply to any response action or remedial action for which a plan
is under development by the Department of Energy on the date of
enactment of this Act with respect to facilities—
(1) owned or operated by the United States and subject to
the jurisdiction of such Department;
(2) located in St. Charles and St. Louis counties, Missouri,
or the city of St. Louis, Missouri, and
(3) published in the National Priorities List.
In preparing such plans, the Secretary of Energy shall consult with
the Administrator of the Environmental Protection Agency.
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SEC. 121. CLEANUP STANDARDS.
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(b) EFFECTIVE DATE.—With respect to section 121 of CERCLA,
as added by this section—
(1) The requirements of section 121 of CERCLA shall not
apply to any remedial action for which the Record of Decision
(hereinafter in this section referred to as the ‘‘ROD’’) was
signed, or the consent decree was lodged, before date of enactment.
(2) If the ROD was signed, or the consent decree lodged,
within the 30-day period immediately following enactment of
the Act, the Administrator shall certify in writing that the portion of the remedial action covered by the ROD or consent decree complies to the maximum extent practicable with section
121 of CERCLA.
Any ROD signed before enactment of this Act and reopened after
enactment of this Act to modify or supplement the selection of remedy shall be subject to the requirements of section 121 of CERCLA.
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SEC. 126. [29 U.S.C. 655 note] WORKER PROTECTION STANDARDS.
(a) PROMULGATION.—Within one year after the date of the
enactment of this section, the Secretary of Labor shall, pursuant to
section 6 of the Occupational Safety and Health Act of 1970, promulgate standards for the health and safety protection of employees engaged in hazardous waste operations.
(b) PROPOSED STANDARDS.—The Secretary of Labor shall issue
proposed regulations on such standards which shall include, but
need not be limited to, the following worker protection provisions:
(1) SITE ANALYSIS.—Requirements for a formal hazard
analysis of the site and development of a site specific plan for
worker protection.
(2) TRAINING.—Requirements for contractors to provide initial and routine training of workers before such workers are
permitted to engage in hazardous waste operations which
would expose them to toxic substances.
(3) MEDICAL SURVEILLANCE.—A program of regular medical examination, monitoring, and surveillance of workers engaged in hazardous waste operations which would expose them
to toxic substances.
(4) PROTECTIVE EQUIPMENT.—Requirements for appropriate personal protective equipment, clothing, and respirators
for work in hazardous waste operations.
(5) ENGINEERING CONTROLS.—Requirements for engineering controls concerning the use of equipment and exposure of
workers engaged in hazardous waste operations.
(6) MAXIMUM EXPOSURE LIMITS.—Requirements for maximum exposure limitations for workers engaged in hazardous
waste operations, including necessary monitoring and assessment procedures.
(7) INFORMATIONAL PROGRAM.—A program to inform workers engaged in hazardous waste operations of the nature and
degree of toxic exposure likely as a result of such hazardous
waste operations.
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(8) HANDLING.—Requirements for the handling, transporting, labeling, and disposing of hazardous wastes.
(9) NEW TECHNOLOGY PROGRAM.—A program for the introduction of new equipment or technologies that will maintain
worker protections.
(10) DECONTAMINATION PROCEDURES.—Procedures for decontamination.
(11) EMERGENCY RESPONSE.—Requirements for emergency
response and protection of workers engaged in hazardous
waste operations.
(c) FINAL REGULATIONS.—Final regulations under subsection
(a) shall take effect one year after the date they are promulgated.
In promulgating final regulations on standards under subsection
(a), the Secretary of Labor shall include each of the provisions listed in paragraphs (1) through (11) of subsection (b) unless the Secretary determines that the evidence in the public record considered
as a whole does not support inclusion of any such provision.
(d) SPECIFIC TRAINING STANDARDS.—
(1) OFFSITE INSTRUCTION; FIELD EXPERIENCE.—Standards
promulgated under subsection (a) shall include training standards requiring that general site workers (such as equipment
operators, general laborers, and other supervised personnel)
engaged in hazardous substance removal or other activities
which expose or potentially expose such workers to hazardous
substances receive a minimum of 40 hours of initial instruction
off the site, and a minimum of three days of actual field experience under the direct supervision of a trained, experienced supervisor, at the time of assignment. The requirements of the
preceding sentence shall not apply to any general site worker
who has received the equivalent of such training. Workers who
may be exposed to unique or special hazards shall be provided
additional training.
(2) TRAINING OF SUPERVISORS.—Standards promulgated
under subsection (a) shall include training standards requiring
that onsite managers and supervisors directly responsible for
the hazardous waste operations (such as foremen) receive the
same training as general site workers set forth in paragraph
(1) of this subsection and at least eight additional hours of specialized training on managing hazardous waste operations. The
requirements of the preceding sentence shall not apply to any
person who has received the equivalent of such training.
(3) CERTIFICATION; ENFORCEMENT.—Such training standards shall contain provisions for certifying that general site
workers, onsite managers, and supervisors have received the
specified training and shall prohibit any individual who has
not received the specified training from engaging in hazardous
waste operations covered by the standard. The certification
procedures shall be no less comprehensive than those adopted
by the Environmental Protection Agency in its Model Accreditation Plan for Asbestos Abatement Training as required under
the Asbestos Hazard Emergency Response Act of 1986.
(4) TRAINING OF EMERGENCY RESPONSE PERSONNEL.—Such
training standards shall set forth requirements for the training
of workers who are responsible for responding to hazardous
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emergency situations who may be exposed to toxic substances
in carrying out their responsibilities.
(e) INTERIM REGULATIONS.—The Secretary of labor shall issue
interim final regulations under this section within 60 days after
the enactment of this section which shall provide no less protection
under this section for workers employed by contractors and emergency response workers than the protections contained in the Environmental Protection Agency Manual (1981) ‘‘Health and Safety
Requirements for Employees Engaged in Field Activities’’ and existing standards under the Occupational Safety and Health Act of
1970 found in subpart C of part 1926 of title 29 of the Code of Federal Regulations. Such interim final regulations shall take effect
upon issuance and shall apply until final regulations become effective under subsection (c).
(f) COVERAGE OF CERTAIN STATE AND LOCAL EMPLOYEES.—Not
later than 90 days after the promulgation of final regulations
under subsection (a), the Administrator shall promulgate standards
identical to those promulgated by the Secretary of Labor under
subsection (a). Standards promulgated under this subsection shall
apply to employees of State and local governments in each State
which does not have in effect an approved State plan under section
18 of the Occupational Safety and Health Act of 1970 providing for
standards for the health and safety protection of employees engaged in hazardous waste operations.
(g) GRANT PROGRAM.—
(1) GRANT PURPOSES.—Grants for the training and education of workers who are or may be engaged in activities related to hazardous waste removal or containment or emergency
response may be made under this subsection.
(2) ADMINISTRATION.—Grants under this subsection shall
be administered by the National Institute of Environmental
Health Sciences.
(3) GRANT RECIPIENTS.—Grants shall be awarded to nonprofit organizations which demonstrate experience in implementing and operating worker health and safety training and
education programs and demonstrate the ability to reach and
involve in training programs target populations of workers who
are or will be engaged in hazardous waste removal or containment or emergency response operations.
*
*
*
*
*
*
*
TITLE II—MISCELLANEOUS PROVISIONS
*
*
*
*
*
*
*
SEC. 205. CLEANUP OF PETROLEUM FROM LEAKING UNDERGROUND
STORAGE TANKS.
*
*
*
*
*
*
*
(h) [42 U.S.C. 6991b note] POLLUTION LIABILITY INSURANCE.—
(1) STUDY.—The Comptroller General shall conduct a
study of the availability of pollution liability insurance, leak insurance, and contamination insurance for owners and operators of petroleum storage and distribution facilities. The study
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shall assess the current and projected extent to which private
insurance can contribute to the financial responsibility of owners and operators of underground storage tanks and the ability
of owners and operators of underground storage tanks to maintain financial responsibility through other methods. The study
shall consider the experience of owners and operators of marine vessels in getting insurance for their liabilities under the
Federal Water Pollution Control Act and the operation of the
Water Quality Insurance Syndicate.
(2) REPORT.—The Comptroller General shall report the
findings under this subsection to the Congress within 15
months after the enactment of this subsection. Such report
shall include recommendations for legislative or administrative
changes that will enable owners and operators of underground
storage tanks to maintain financial responsibility sufficient to
provide all clean-up costs and damages that may result from
reasonably foreseeable releases and events.
*
*
*
*
*
*
*
SEC. 209. [42 U.S.C. 9660 note] RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
(a) PURPOSE.—The purposes of this section are as follows:
(1) To establish a comprehensive and coordinated Federal
program of research, development, demonstration, and training
for the purpose of promoting the development of alternative
and innovative treatment technologies that can be used in response actions under the CERCLA program, to provide incentives for the development and use of such technologies, and to
improve the scientific capability to assess, detect and evaluate
the effects on and risks to human health from hazardous substances.
(2) To establish a basic university research and education
program within the Department of Health and Human Services and a research, demonstration, and training program
within the Environmental Protection Agency.
(3) To reserve certain funds from the Hazardous Substance
Trust Fund to support a basic research program within the Department of Health and Human Services, and an applied and
developmental research program within the Environmental
Protection Agency.
(4) To enhance the Environmental Protection Agency’s internal research capabilities related to CERCLA activities, including site assessment and technology evaluation.
(5) To provide incentives for the development of alternative
and innovative treatment technologies in a manner that supplements or coordinates with, but does not compete with or duplicate, private sector development of such technologies.
(b) AMENDMENT OF CERCLA.—[Added section 311 of
CERCLA.]
*
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SEC. 211. DEPARTMENT OF DEFENSE ENVIRONMENTAL RESTORATION
PROGRAM.
(a) IN GENERAL.—[Added chapter 160 (environmental restora-
tion) to title 10, United States Code.]
(b) MILITARY CONSTRUCTION PROJECTS.—[Added section 2810
(construction projects for environmental response actions) to title
10, United States Code.]
*
*
*
*
*
*
*
SEC. 213. [42 U.S.C. 9661 note] LOVE CANAL PROPERTY ACQUISITION.
(a) CONGRESSIONAL FINDINGS.—
(1) The area known as Love Canal located in the city of Niagara Falls and the town of Wheatfield, New York, was the
first toxic waste site to receive national attention. As a result
of that attention Congress investigated the problems associated
with toxic waste sites and enacted CERCLA to deal with these
problems.
(2) Because Love Canal came to the Nation’s attention
prior to the passage of CERCLA and because the fund under
CERCLA was not available to compensate for all of the hardships endured by the citizens in the area, Congress has determined that special provisions are required. These provisions do
not affect the lawfulness, implementation, or selection of any
other response actions at Love Canal or at any other facilities.
(b) AMENDMENT OF SUPERFUND.—[Added section 312 to
CERCLA.]
TITLE III—EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW
SEC. 300. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This title may be cited
as the ‘‘Emergency
Planning and Community Right-To-Know Act of 1986’’.
(b) TABLE OF CONTENTS.—The table of contents of this title is
as follows:
Sec. 300. Short title; table of contents.
Subtitle A—Emergency Planning and Notification
Sec. 301. Establishment of State commissions, planning districts, and local committees.
Sec. 302. Substances and facilities covered and notification.
Sec. 303. Comprehensive emergency response plans.
Sec. 304. Emergency notification.
Sec. 305. Emergency training and review of emergency systems.
Subtitle B—Reporting Requirements
Sec. 311. Material safety data sheets.
Sec. 312. Emergency and hazardous chemical inventory forms.
Sec. 313. Toxic chemical release forms.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
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321.
322.
323.
324.
325.
326.
327.
328.
Subtitle C—General Provisions
Relationship to other law.
Trade secrets.
Provision of information to health professionals, doctors, and nurses.
Public availability of plans, data sheets, forms, and followup notices.
Enforcement.
Civil Actions.
Exemption.
Regulations.
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Sec. 329. Definitions.
Sec. 330. Authorization of appropriations.
[42 U.S.C. 11001 note]
Subtitle A—Emergency Planning and Notification
SEC. 301. ESTABLISHMENT OF STATE COMMISSIONS, PLANNING DISTRICTS, AND LOCAL COMMITTEES.
(a) ESTABLISHMENT OF STATE EMERGENCY RESPONSE COMMISSIONS.—Not later than six months after the date of the enactment
of this title, the Governor of each State shall appoint a State emergency response commission. The Governor may designate as the
State emergency response commission one or more existing emergency response organizations that are State-sponsored or appointed. The Governor shall, to the extent practicable, appoint persons to the State emergency response commission who have technical expertise in the emergency response field. The State emergency response commission shall appoint local emergency planning
committees under subsection (c) and shall supervise and coordinate
the activities of such committees. The State emergency response
commission shall establish procedures for receiving and processing
requests from the public for information under section 324, including tier II information under section 312. Such procedures shall include the designation of an official to serve as coordinator for information. If the Governor of any State does not designate a State
emergency response commission within such period, the Governor
shall operate as the State emergency response commission until
the Governor makes such designation.
(b) ESTABLISHMENT OF EMERGENCY PLANNING DISTRICTS.—Not
later than nine months after the date of the enactment of this title,
the State emergency response commission shall designate emergency planning districts in order to facilitate preparation and implementation of emergency plans. Where appropriate, the State
emergency response commission may designate existing political
subdivisions or multijurisdictional planning organizations as such
districts. In emergency planning areas that involve more than one
State, the State emergency response commissions of all potentially
affected States may designate emergency planning districts and
local emergency planning committees by agreement. In making
such designation, the State emergency response commission shall
indicate which facilities subject to the requirements of this subtitle
are within such emergency planning district.
(c) ESTABLISHMENT OF LOCAL EMERGENCY PLANNING COMMITTEES.—Not later than 30 days after designation of emergency planning districts or 10 months after the date of the enactment of this
title, whichever is earlier, the State emergency response commission shall appoint members of a local emergency planning committee for each emergency planning district. Each committee shall
include, at a minimum, representatives from each of the following
groups or organizations: elected State and local officials; law enforcement, civil defense, firefighting, first aid, health, local environmental, hospital, and transportation personnel; broadcast and print
media; community groups; and owners and operators of facilities
subject to the requirements of this subtitle. Such committee shall
appoint a chairperson and shall establish rules by which the comDecember 31, 2002
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mittee shall function. Such rules shall include provisions for public
notification of committee activities, public meetings to discuss the
emergency plan, public comments, response to such comments by
the committee, and distribution of the emergency plan. The local
emergency planning committee shall establish procedures for receiving and processing requests from the public for information
under section 324, including tier II information under section 312.
Such procedures shall include the designation of an official to serve
as coordinator for information.
(d) REVISIONS.—A State emergency response commission may
revise its designations and appointments under subsections (b) and
(c) as it deems appropriate. Interested persons may petition the
State emergency response commission to modify the membership of
a local emergency planning committee.
[42 U.S.C. 11001]
SEC. 302. SUBSTANCES AND FACILITIES COVERED AND NOTIFICATION.
(a) SUBSTANCES COVERED.—
(1) IN GENERAL.—A substance is subject to the require-
ments of this subtitle if the substance is on the list published
under paragraph (2).
(2) LIST OF EXTREMELY HAZARDOUS SUBSTANCES.—Within
30 days after the date of the enactment of this title, the Administrator shall publish a list of extremely hazardous substances. The list shall be the same as the list of substances
published in November 1985 by the Administrator in Appendix
A of the ‘‘Chemical Emergency Preparedness Program Interim
Guidance’’.
(3) THRESHOLDS.—(A) At the time the list referred to in
paragraph (2) is published the Administrator shall—
(i) publish an interim final regulation establishing a
threshold planning quantity for each substance on the list,
taking into account the criteria described in paragraph (4),
and
(ii) initiate a rulemaking in order to publish final regulations establishing a threshold planning quantity for
each substance on the list.
(B) The threshold planning quantities may, at the Administrator’s discretion, be based on classes of chemicals or categories of facilities.
(C) If the Administrator fails to publish an interim final
regulation establishing a threshold planning quantity for a
substance within 30 days after the date of the enactment of
this title, the threshold planning quantity for the substance
shall be 2 pounds until such time as the Administrator publishes regulations establishing a threshold for the substance.
(4) REVISIONS.—The Administrator may revise the list and
thresholds under paragraphs (2) and (3) from time to time. Any
revisions to the list shall take into account the toxicity, reactivity, volatility, dispersability, combustibility, or flammability
of a substance. For purposes of the preceding sentence, the
term ‘‘toxicity’’ shall include any short- or long-term health effect which may result from a short-term exposure to the substance.
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(b) FACILITIES COVERED.—(1) Except as provided in section
304, a facility is subject to the requirements of this subtitle if a
substance on the list referred to in subsection (a) is present at the
facility in an amount in excess of the threshold planning quantity
established for such substance.
(2) For purposes of emergency planning, a Governor or a State
emergency response commission may designate additional facilities
which shall be subject to the requirements of this subtitle, if such
designation is made after public notice and opportunity for comment. The Governor or State emergency response commission shall
notify the facility concerned of any facility designation under this
paragraph.
(c) EMERGENCY PLANNING NOTIFICATION.—Not later than
seven months after the date of the enactment of this title the
owner or operator of each facility subject to the requirements of
this subtitle by reason of subsection (b)(1) shall notify the State
emergency response commission for the State in which such facility
is located that such facility is subject to the requirements of this
subtitle. Thereafter, if a substance on the list of extremely hazardous substances referred to in subsection (a) first becomes
present at such facility in excess of the threshold planning quantity
established for such substance, or if there is a revision of such list
and the facility has present a substance on the revised list in excess of the threshold planning quantity established for such substance, the owner or operator of the facility shall notify the State
emergency response commission and the local emergency planning
committee within 60 days after such acquisition or revision that
such facility is subject to the requirements of this subtitle.
(d) NOTIFICATION OF ADMINISTRATOR.—The State emergency
response commission shall notify the Administrator of facilities
subject to the requirements of this subtitle by notifying the Administrator of—
(1) each notification received from a facility under subsection (c), and
(2) each facility designated by the Governor or State emergency response commission under subsection (b)(2).
[42 U.S.C. 11002]
SEC. 303. COMPREHENSIVE EMERGENCY RESPONSE PLANS.
(a) PLAN REQUIRED.—Each local emergency planning
committee shall complete preparation of an emergency plan in accordance with this section not later than two years after the date of the
enactment of this title. The committee shall review such plan once
a year, or more frequently as changed circumstances in the community or at any facility may require.
(b) RESOURCES.—Each local emergency planning committee
shall evaluate the need for resources necessary to develop, implement, and exercise the emergency plan, and shall make recommendations with respect to additional resources that may be required and the means for providing such additional resources.
(c) PLAN PROVISIONS.—Each emergency plan shall include (but
is not limited to) each of the following:
(1) Identification of facilities subject to the requirements of
this subtitle that are within the emergency planning district,
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identification of routes likely to be used for the transportation
of substances on the list of extremely hazardous substances referred to in section 302(a), and identification of additional facilities contributing or subjected to additional risk due to their
proximity to facilities subject to the requirements of this subtitle, such as hospitals or natural gas facilities.
(2) Methods and procedures to be followed by facility owners and operators and local emergency and medical personnel
to respond to any release of such substances.
(3) Designation of a community emergency coordinator and
facility emergency coordinators, who shall make determinations necessary to implement the plan.
(4) Procedures providing reliable, effective, and timely notification by the facility emergency coordinators and the community emergency coordinator to persons designated in the
emergency plan, and to the public, that a release has occurred
(consistent with the emergency notification requirements of
section 304).
(5) Methods for determining the occurrence of a release,
and the area or population likely to be affected by such release.
(6) A description of emergency equipment and facilities in
the community and at each facility in the community subject
to the requirements of this subtitle, and an identification of the
persons responsible for such equipment and facilities.
(7) Evacuation plans, including provisions for a precautionary evacuation and alternative traffic routes.
(8) Training programs, including schedules for training of
local emergency response and medical personnel.
(9) Methods and schedules for exercising the emergency
plan.
(d) PROVIDING OF INFORMATION.—For each facility subject to
the requirements of this subtitle:
(1) Within 30 days after establishment of a local emergency planning committee for the emergency planning district
in which such facility is located, or within 11 months after the
date of the enactment of this title, whichever is earlier, the
owner or operator of the facility shall notify the emergency
planning committee (or the Governor if there is no committee)
of a facility representative who will participate in the emergency planning process as a facility emergency coordinator.
(2) The owner or operator of the facility shall promptly inform the emergency planning committee of any relevant
changes occurring at such facility as such changes occur or are
expected to occur.
(3) Upon request from the emergency planning committee,
the owner or operator of the facility shall promptly provide information to such committee necessary for developing and implementing the emergency plan.
(e) REVIEW BY THE STATE EMERGENCY RESPONSE COMMISSION.—After completion of an emergency plan under subsection (a)
for an emergency planning district, the local emergency planning
committee shall submit a copy of the plan to the State emergency
response commission of each State in which such district is located.
The commission shall review the plan and make recommendations
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to the committee on revisions of the plan that may be necessary to
ensure coordination of such plan with emergency response plans of
other emergency planning districts. To the maximum extent practicable, such review shall not delay implementation of such plan.
(f) GUIDANCE DOCUMENTS.—The national response team, as established pursuant to the National Contingency Plan as established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.), shall publish guidance documents for preparation and implementation of emergency plans. Such documents shall be published
not later than five months after the date of the enactment of this
title.
(g) REVIEW OF PLANS BY REGIONAL RESPONSE TEAMS.—The regional response teams, as established pursuant to the National
Contingency Plan as established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.), may review and comment
upon an emergency plan or other issues related to preparation, implementation, or exercise of such a plan upon request of a local
emergency planning committee. Such review shall not delay implementation of the plan.
[42 U.S.C. 11003]
SEC. 304. EMERGENCY NOTIFICATION.
(a) TYPES OF RELEASES.—
(1) 302(a) SUBSTANCE WHICH REQUIRES CERCLA NOTICE.—If
a release of an extremely hazardous substance referred to in
section 302(a) occurs from a facility at which a hazardous
chemical is produced, used, or stored and such release requires
a notification under section 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(hereafter in this section referred to as ‘‘CERCLA’’) (42 U.S.C.
9601 et seq.), the owner or operator of the facility shall immediately provide notice as described in subsection (b).
(2) OTHER 302(a) SUBSTANCE.—If a release of an extremely
hazardous substance referred to in section 302(a) occurs from
a facility at which a hazardous chemical is produced, used, or
stored, and such release is not subject to the notification requirements under section 103(a) of CERCLA, the owner or operator of the facility shall immediately provide notice as described in subsection (b), but only if the release—
(A) is not a federally permitted release as defined in
section 101(10) of CERCLA,
(B) is in an amount in excess of a quantity which the
Administrator has determined (by regulation) requires notice, and
(C) occurs in a manner which would require notification under section 103(a) of CERCLA.
Unless and until superseded by regulations establishing a
quantity for an extremely hazardous substance described in
this paragraph, a quantity of 1 pound shall be deemed that
quantity the release of which requires notice as described in
subsection (b).
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(3) NON-302(a) SUBSTANCE WHICH REQUIRES CERCLA NOa release of a substance which is not on the list referred to in section 302(a) occurs at a facility at which a hazardous chemical is produced, used, or stored, and such release
requires notification under section 103(a) of CERCLA, the
owner or operator shall provide notice as follows:
(A) If the substance is one for which a reportable
quantity has been established under section 102(a) of
CERCLA, the owner or operator shall provide notice as described in subsection (b).
(B) If the substance is one for which a reportable
quantity has not been established under section 102(a) of
CERLCA—
(i) Until April 30, 1988, the owner or operator
shall provide, for releases of one pound or more of the
substance the same notice to the community emergency coordinator for the local emergency planning
committee, at the same time and in the same form, as
notice is provided to the National Response Center
under section 103(a) of CERCLA.
(ii) On and after April 30, 1988, the owner or operator shall provide, for releases of one pound or more
of the substance, the notice as described in subsection
(b).
(4) EXEMPTED RELEASES.—This section does not apply to
any release which results in exposure to persons solely within
the site or sites on which a facility is located.
(b) NOTIFICATION.—
(1) RECIPIENTS OF NOTICE.—Notice required under subsection (a) shall be given immediately after the release by the
owner or operator of a facility (by such means as telephone,
radio, or in person) to the community emergency coordinator
for the local emergency planning committees, if established
pursuant to section 301(c), for any area likely to be affected by
the release and to the State emergency planning commission
of any State likely to be affected by the release. With respect
to transportation of a substance subject to the requirements of
this section, or storage incident to such transportation, the notice requirements of this section with respect to a release shall
be satisfied by dialing 911 or, in the absence of a 911 emergency telephone number, calling the operator.
(2) CONTENTS.—Notice required under subsection (a) shall
include each of the following (to the extent known at the time
of the notice and so long as no delay in responding to the emergency results):
(A) The chemical name or identity of any substance involved in the release.
(B) An indication of whether the substance is on the
list referred to in section 302(a).
(C) An estimate of the quantity of any such substance
that was released into the environment.
(D) The time and duration of the release.
(E) The medium or media into which the release occurred.
TICE.—If
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(F) Any known or anticipated acute or chronic health
risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for
exposed individuals.
(G) Proper precautions to take as a result of the release, including evacuation (unless such information is
readily available to the community emergency coordinator
pursuant to the emergency plan).
(H) The name and telephone number of the person or
persons to be contacted for further information.
(c) FOLLOWUP EMERGENCY NOTICE.—As soon as practicable
after a release which requires notice under subsection (a), such
owner or operator shall provide a written followup emergency notice (or notices, as more information becomes available) setting
forth and updating the information required under subsection (b),
and including additional information with respect to—
(1) actions taken to respond to and contain the release,
(2) any known or anticipated acute or chronic health risks
associated with the release, and
(3) where appropriate, advice regarding medical attention
necessary for exposed individuals.
(d) TRANSPORTATION EXEMPTION NOT APPLICABLE.—The exemption provided in section 327 (relating to transportation) does
not apply to this section.
[42 U.S.C. 11004]
SEC. 305. EMERGENCY TRAINING AND REVIEW OF EMERGENCY SYSTEMS.
(a) EMERGENCY TRAINING.—
(1) PROGRAMS.—Officials of the United States Government
carrying out existing Federal programs for emergency training
are authorized to specifically provide training and education
programs for Federal, State, and local personnel in hazard
mitigation, emergency preparedness, fire prevention and control, disaster response, long-term disaster recovery, national
security, technological and natural hazards, and emergency
processes. Such programs shall provide special emphasis for
such training and education with respect to hazardous chemicals.
(2) STATE AND LOCAL PROGRAM SUPPORT.—There is authorized to be appropriated to the Federal Emergency Management
Agency for each of the fiscal years 1987, 1988, 1989, and 1990,
$5,000,000 for making grants to support programs of State and
local governments, and to support university-sponsored programs, which are designed to improve emergency planning,
preparedness, mitigation, response, and recovery capabilities.
Such programs shall provide special emphasis with respect to
emergencies associated with hazardous chemicals. Such grants
may not exceed 80 percent of the cost of any such program.
The remaining 20 percent of such costs shall be funded from
non-Federal sources.
(3) OTHER PROGRAMS.—Nothing in this section shall affect
the availability of appropriations to the Federal Emergency
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Management Agency for any programs carried out by such
agency other than the programs referred to in paragraph (2).
(b) REVIEW OF EMERGENCY SYSTEMS.—
(1) REVIEW.—The Administrator shall initiate, not later
than 30 days after the date of the enactment of this title, a review of emergency systems for monitoring, detecting, and preventing releases of extremely hazardous substances at representative domestic facilities that produce, use, or store extremely hazardous substances. The Administrator may select
representative extremely hazardous substances from the substances on the list referred to in section 302(a) for the purposes
of this review. The Administrator shall report interim findings
to the Congress not later than seven months after such date
of enactment, and issue a final report of findings and recommendations to the Congress not later than 18 months after
such date of enactment. Such report shall be prepared in consultation with the States and appropriate Federal agencies.
(2) REPORT.—The report required by this subsection shall
include the Administrator’s findings regarding each of the following:
(A) The status of current technological capabilities to
(i) monitor, detect, and prevent, in a timely manner, significant releases of extremely hazardous substances, (ii)
determine the magnitude and direction of the hazard
posed by each release, (iii) identify specific substances, (iv)
provide data on the specific chemical composition of such
releases, and (v) determine the relative concentrations of
the constituent substances.
(B) The status of public emergency alert devices or
systems for providing timely and effective public warning
of an accidental release of extremely hazardous substances
into the environment, including releases into the atmosphere, surface water, or groundwater from facilities that
produce, store, or use significant quantities of such extremely hazardous substances.
(C) The technical and economic feasibility of establishing, maintaining, and operating perimeter alert systems for detecting releases of such extremely hazardous
substances into the atmosphere, surface water, or groundwater, at facilities that manufacture, use, or store significant quantities of such substances.
(3) RECOMMENDATIONS.—The report required by this subsection shall also include the Administrator’s recommendations
for—
(A) initiatives to support the development of new or
improved technologies or systems that would facilitate the
timely monitoring, detection, and prevention of releases of
extremely hazardous substances, and
(B) improving devices or systems for effectively alerting the public in a timely manner, in the event of an accidental release of such extremely hazardous substances.
[42 U.S.C. 11005]
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Subtitle B—Reporting Requirements
SEC. 311. MATERIAL SAFETY DATA SHEETS.
(a) BASIC REQUIREMENT.—
(1) SUBMISSION OF MSDS OR LIST.—The
owner or operator
of any facility which is required to prepare or have available
a material safety data sheet for a hazardous chemical under
the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act (15 U.S.C. 651 et seq.) shall
submit a material safety data sheet for each such chemical, or
a list of such chemicals as described in paragraph (2), to each
of the following:
(A) The appropriate local emergency planning committee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facility.
(2) CONTENTS OF LIST.—(A) The list of chemicals referred
to in paragraph (1) shall include each of the following:
(i) A list of the hazardous chemicals for which a material safety data sheet is required under the Occupational
Safety and Health Act of 1970 and regulations promulgated under that Act, grouped in categories of health and
physical hazards as set forth under such Act and regulations promulgated under such Act, or in such other categories as the Administrator may prescribe under subparagraph (B).
(ii) The chemical name or the common name of each
such chemical as provided on the material safety data
sheet.
(iii) Any hazardous component of each such chemical
as provided on the material safety data sheet.
(B) For purposes of the list under this paragraph, the Administrator may modify the categories of health and physical
hazards as set forth under the Occupational Safety and Health
Act of 1970 and regulations promulgated under that Act by requiring information to be reported in terms of groups of hazardous chemicals which present similar hazards in an emergency.
(3) TREATMENT OF MIXTURES.—An owner or operator may
meet the requirements of this section with respect to a hazardous chemical which is a mixture by doing one of the following:
(A) Submitting a material safety data sheet for, or
identifying on a list, each element or compound in the mixture which is a hazardous chemical. If more than one mixture has the same element or compound, only one material
safety data sheet, or one listing, of the element or compound is necessary.
(B) Submitting a material safety data sheet for, or
identifying on a list, the mixture itself.
(b) THRESHOLDS.—The Administrator may establish threshold
quantities for hazardous chemicals below which no facility shall be
subject to the provisions of this section. The threshold quantities
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may, in the Administrator’s discretion, be based on classes of
chemicals or categories of facilities.
(c) AVAILABILITY OF MSDS ON REQUEST.—
(1) TO LOCAL EMERGENCY PLANNING COMMITTEE.—If an
owner or operator of a facility submits a list of chemicals under
subsection (a)(1), the owner or operator, upon request by the
local emergency planning committee, shall submit the material
safety data sheet for any chemical on the list to such committee.
(2) TO PUBLIC.—A local emergency planning committee,
upon request by any person, shall make available a material
safety data sheet to the person in accordance with section 324.
If the local emergency planning committee does not have the
requested material safety data sheet, the committee shall request the sheet from the facility owner or operator and then
make the sheet available to the person in accordance with section 324.
(d) INITIAL SUBMISSION AND UPDATING.—(1) The initial material safety data sheet or list required under this section with respect to a hazardous chemical shall be provided before the later
of—
(A) 12 months after the date of the enactment of this title,
or
(B) 3 months after the owner or operator of a facility is required to prepare or have available a material safety data
sheet for the chemical under the Occupational Safety and
Health Act of 1970 and regulations promulgated under that
Act.
(2) Within 3 months following discovery by an owner or operator of significant new information concerning an aspect of a hazardous chemical for which a material safety data sheet was previously submitted to the local emergency planning committee under
subsection (a), a revised sheet shall be provided to such person.
(e) HAZARDOUS CHEMICAL DEFINED.—For purposes of this section, the term ‘‘hazardous chemical’’ has the meaning given such
term by section 1910.1200(c) of title 29 of the Code of Federal Regulations, except that such term does not include the following:
(1) Any food, food additive, color additive, drug, or cosmetic
regulated by the Food and Drug Administration.
(2) Any substance present as a solid in any manufactured
item to the extent exposure to the substance does not occur
under normal conditions of use.
(3) Any substance to the extent it is used for personal,
family, or household purposes, or is present in the same form
and concentration as a product packaged for distribution and
use by the general public.
(4) Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct
supervision of a technically qualified individual.
(5) Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer
to the ultimate customer.
[42 U.S.C. 11021]
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SEC. 312. EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY
FORMS.
(a) BASIC REQUIREMENT.—(1) The owner or operator of any fa-
cility which is required to prepare or have available a material
safety data sheet for a hazardous chemical under the Occupational
Safety and Health Act of 1970 and regulations promulgated under
that Act shall prepare and submit an emergency and hazardous
chemical inventory form (hereafter in this title referred to as an
‘‘inventory form’’) to each of the following:
(A) The appropriate local emergency planning committee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facility.
(2) The inventory form containing tier I information (as described in subsection (d)(1)) shall be submitted on or before March
1, 1988, and annually thereafter March 1, and shall contain data
with respect to the preceding calendar year. The preceding sentence does not apply if an owner or operator provides, by the same
deadline and with respect to the same calendar year, tier II information (as described in subsection (d)(2)) to the recipients described in paragraph (1).
(3) An owner or operator may meet the requirements of this
section with respect to a hazardous chemical which is a mixture by
doing one of the following:
(A) Providing information on the inventory form on each
element or compound in the mixture which is a hazardous
chemical. If more than one mixture has the same element or
compound, only one listing on the inventory form for the element or compound at the facility is necessary.
(B) Providing information on the inventory form on the
mixture itself.
(b) THRESHOLDS.—The Administrator may establish threshold
quantities for hazardous chemicals covered by this section below
which no facility shall be subject to the provisions of this section.
The threshold quantities may, in the Administrator’s discretion, be
based on classes of chemicals or categories of facilities.
(c) HAZARDOUS CHEMICALS COVERED.—A hazardous chemical
subject to the requirements of this section is any hazardous chemical for which a material safety data sheet or a listing is required
under section 311.
(d) CONTENTS OF FORM.—
(1) TIER I INFORMATION.—
(A) AGGREGATE INFORMATION BY CATEGORY.—An inventory form shall provide the information described in
subparagraph (B) in aggregate terms for hazardous chemicals in categories of health and physical hazards as set
forth under the Occupational Safety and Health Act of
1970 and regulations promulgated under that Act.
(B) REQUIRED INFORMATION.—The information referred to in subparagraph (A) is the following:
(i) An estimate (in ranges) of the maximum
amount of hazardous chemicals in each category
present at the facility at any time during the preceding calendar year.
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(ii) An estimate (in ranges) of the average daily
amount of hazardous chemicals in each category
present at the facility during the preceding calendar
year.
(iii) The general location of hazardous chemicals
in each category.
(C) MODIFICATIONS.—For purposes of reporting information under this paragraph, the Administrator may—
(i) modify the categories of health and physical
hazards as set forth under the Occupational Safety
and Health Act of 1970 and regulations promulgated
under that Act by requiring information to be reported
in terms of groups of hazardous chemicals which
present similar hazards in an emergency, or
(ii) require reporting on individual hazardous
chemicals of special concern to emergency response
personnel.
(2) TIER II INFORMATION.—An inventory form shall provide
the following additional information for each hazardous chemical present at the facility, but only upon request and in accordance with subsection (e):
(A) The chemical name or the common name of the
chemical as provided on the material safety data sheet.
(B) An estimate (in ranges) of the maximum amount
of the hazardous chemical present at the facility at any
time during the preceding calendar year.
(C) An estimate (in ranges) of the average daily
amount of the hazardous chemical present at the facility
during the preceding calendar year.
(D) A brief description of the manner of storage of the
hazardous chemical.
(E) The location at the facility of the hazardous chemical.
(F) An indication of whether the owner elects to withhold location information of a specific hazardous chemical
from disclosure to the public under section 324.
(e) AVAILABILITY OF TIER II INFORMATION.—
(1) AVAILABILITY TO STATE COMMISSION, LOCAL COMMITTEES, AND FIRE DEPARTMENTS.—Upon request by a State emergency planning commission, a local emergency planning committee, or a fire department with jurisdiction over the facility,
the owner or operator of a facility shall provide tier II information, as described in subsection (d), to the person making the
request. Any such request shall be with respect to a specific facility.
(2) AVAILABILITY TO OTHER STATE AND LOCAL OFFICIALS.—
A State or local official acting in his or her official capacity
may have access to tier II information by submitting a request
to the State emergency response commission or the local emergency planning committee. Upon receipt of a request for tier II
information, the State commission or local committee shall,
pursuant to paragraph (1), request the facility owner or operator for the tier II information and make available such information to the official.
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(3) AVAILABILITY TO PUBLIC.—
(A) IN GENERAL.—Any person may request a State
emergency response commission or local emergency planning committee for tier II information relating to the preceding calendar year with respect to a facility. Any such
request shall be in writing and shall be with respect to a
specific facility.
(B) AUTOMATIC PROVISION OF INFORMATION TO PUBLIC.—Any tier II information which a State emergency response commission or local emergency planning committee
has in its possession shall be made available to a person
making a request under this paragraph in accordance with
section 324. If the State emergency response commission
or local emergency planning committee does not have the
tier II information in its possession, upon a request for tier
II information the State emergency response commission
or local emergency planning committee shall, pursuant to
paragraph (1), request the facility owner or operator for
tier II information with respect to a hazardous chemical
which a facility has stored in an amount in excess of
10,000 pounds present at the facility at any time during
the preceding calendar year and make such information
available in accordance with section 324 to the person
making the request.
(C) DISCRETIONARY PROVISION OF INFORMATION TO
PUBLIC.—In the case of tier II information which is not in
the possesion of a State emergency response commission or
local emergency planning committee and which is with respect to a hazardous chemical which a facility has stored
in an amount less than 10,000 pounds present at the facility at any time during the preceding calendar year, a request from a person must include the general need for the
information. The State emergency response commission or
local emergency planning committee may, pursuant to
paragraph (1), request the facility owner or operator for
the tier II information on behalf of the person making the
request. Upon receipt of any information requested on behalf of such person, the State emergency response commission or local emergency planning committee shall make
the information available in accordance with section 324 to
the person.
(D) RESPONSE IN 45 DAYS.—A State emergency response commission or local emergency planning committee
shall respond to a request for tier II information under
this paragraph no later than 45 days after the date of receipt of the request.
(f) FIRE DEPARTMENT ACCESS.—Upon request to an owner or
operator of a facility which files an inventory form under this section by the fire department with jurisdiction over the facility, the
owner or operator of the facility shall allow the fire department to
conduct an on-site inspection of the facility and shall provide to the
fire department specific location information on hazardous chemicals at the facility.
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(g) FORMAT OF FORMS.—The Administrator shall publish a uniform format for inventory forms within three months after the date
of the enactment of this title. If the Administrator does not publish
such forms, owners and operators of facilities subject to the requirements of this section shall provide the information required
under this section by letter.
[42 U.S.C. 11022]
SEC. 313. TOXIC CHEMICAL RELEASE FORMS.
(a) BASIC REQUIREMENT.—The owner or
operator of a facility
subject to the requirements of this section shall complete a toxic
chemical release form as published under subsection (g) for each
toxic chemical listed under subsection (c) that was manufactured,
processed, or otherwise used in quantities exceeding the toxic
chemical threshold quantity established by subsection (f) during
the preceding calendar year at such facility. Such form shall be
submitted to the Administrator and to an official or officials of the
State designated by the Governor on or before July 1, 1988, and
annually thereafter on July 1 and shall contain data reflecting releases during the preceding calendar year.
(b) COVERED OWNERS AND OPERATORS OF FACILITIES.—
(1) IN GENERAL.—(A) The requirements of this section shall
apply to owners and operators of facilities that have 10 or more
full-time employees and that are in Standard Industrial Classification Codes 20 through 39 (as in effect on July 1, 1985) and
that manufactured, processed, or otherwise used a toxic chemical listed under subsection (c) in excess of the quantity of that
toxic chemical established under subsection (f) during the calendar year for which a release form is required under this section.
(B) The Administrator may add or delete Standard Industrial Classification Codes for purposes of subparagraph (a), but
only to the extent necessary to provide that each Standard Industrial Code to which this section applies is relevant to the
purposes of this section.
(C) For purposes of this section—
(i) The term ‘‘manufacture’’ means to produce, prepare,
import, or compound a toxic chemical.
(ii) The term ‘‘process’’ means the preparation of a
toxic chemical, after its manufacture, for distribution in
commerce—
(I) in the same form or physical state as, or in a
different form or physical state from, that in which it
was received by the person so preparing such chemical, or
(II) as part of an article containing the toxic chemical.
(2) DISCRETIONARY APPLICATION TO ADDITIONAL FACILITIES.—The Administrator, on his own motion or at the request
of a Governor of a State (with regard to facilities located in
that State), may apply the requirements of this section to the
owners and operators of any particular facility that manufactures, processes, or otherwise uses a toxic chemical listed
under subsection (c) if the Administrator determines that such
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action is warranted on the basis of toxicity of the toxic chemical, proximity to other facilities that release the toxic chemical
or to population centers, the history of releases of such chemical at such facility, or such other factors as the Administrator
deems appropriate.
(c) TOXIC CHEMICALS COVERED.—The toxic chemicals subject to
the requirements of this section are those chemicals on the list in
Committee Print Number 99–169 of the Senate Committee on Environment and Public Works, titled ‘‘Toxic Chemicals Subject to
Section 313 of the Emergency Planning and Community Right-ToKnow Act of 1986’’ (including any revised version of the list as may
be made pursuant to subsection (d) or (e)).
(d) REVISIONS BY ADMINISTRATOR.—
(1) IN GENERAL.—The Administrator may by rule add or
delete a chemical from the list described in subsection (c) at
any time.
(2) ADDITIONS.—A chemical may be added if the Administrator determines, in his judgment, that there is sufficient evidence to establish any one of the following:
(A) The chemical is known to cause or can reasonably
be anticipated to cause significant adverse acute human
health effects at concentration levels that are reasonably
likely to exist beyond facility site boundaries as a result of
continuous, or frequently recurring, releases.
(B) The chemical is known to cause or can reasonably
be anticipated to cause in humans—
(i) cancer or teratogenic effects, or
(ii) serious or irreversible—
(I) reproductive dysfunctions,
(II) neurological disorders,
(III) heritable genetic mutations, or
(IV) other chronic health effects.
(C) The chemical is known to cause or can reasonably
be anticipated to cause, because of—
(i) its toxicity,
(ii) its toxicity and persistence in the environment,
or
(iii) its toxicity and tendency to bioaccumulate in
the environment,
a significant adverse effect on the environment of sufficient seriousness, in the judgment of the Administrator, to
warrant reporting under this section. The number of
chemicals included on the list described in subsection (c)
on the basis of the preceding sentence may constitute in
the aggregate no more than 25 percent of the total number
of chemicals on the list.
A determination under this paragraph shall be based on generally accepted scientific principles or laboratory tests, or appropriately designed and conducted epidemiological or other
population studies, available to the Administrator.
(3) DELETIONS.—A chemical may be deleted if the Administrator determines there is not sufficient evidence to establish
any of the criteria described in paragraph (2).
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(4) EFFECTIVE DATE.—Any revision made on or after January 1 and before December 1 of any calendar year shall take
effect beginning with the next calendar year. Any revision
made on or after December 1 of any calendar year and before
January 1 of the next calender year shall take effect beginning
with the calendar year following such next calendar year.
(e) PETITIONS.—
(1) IN GENERAL.—Any person may petition the Administrator to add or delete a chemical from the list described in
subsection (c) on the basis of the criteria in subparagraph (A)
or (B) of subsection (d)(2). Within 180 days after receipt of a
petition, the Administrator shall take one of the following actions:
(A) Initiate a rulemaking to add or delete the chemical
to the list, in accordance with subsection (d)(2) or (d)(3).
(B) Publish an explanation of why the petition is denied.
(2) GOVERNOR PETITIONS.—A State Governor may petition
the Administrator to add or delete a chemical from the list described in subsection (c) on the basis of the criteria in subparagraph (A), (B), or (C) of subsection (d)(2). In the case of such
a petition from a State Governor to delete a chemical, the petition shall be treated in the same manner as a petition received
under paragraph (1) to delete a chemical. In the case of such
a petition from a State Governor to add a chemical, the chemical will be added to the list within 180 days after receipt of
the petition, unless the Administrator—
(A) initiates a rulemaking to add the chemical to the
list, in accordance with subsection (d)(2), or
(B) publishes an explanation of why the Administrator
believes the petition does not meet the requirements of
subsection (d)(2) for adding a chemical to the list.
(f) THRESHOLD FOR REPORTING.—
(1) TOXIC CHEMICAL THRESHOLD AMOUNT.—The threshold
amounts for purposes of reporting toxic chemicals under this
section are as follows:
(A) With respect to a toxic chemical used at a facility,
10,000 pounds of the toxic chemical per year.
(B) With respect to a toxic chemical manufactured or
processed at a facility—
(i) For the toxic chemical release form required to
be submitted under this section on or before July 1,
1988, 75,000 pounds of the toxic chemical per year.
(ii) For the form required to be submitted on or
before July 1, 1989, 50,000 pounds of the toxic chemical per year.
(iii) For the form required to be submitted on or
before July 1, 1990, and for each form thereafter,
25,000 pounds of the toxic chemical per year.
(2) REVISIONS.—The Administrator may establish a threshold amount for a toxic chemical different from the amount established by paragraph (1). Such revised threshold shall obtain
reporting on a substantial majority of total releases of the
chemical at all facilities subject to the requirements of this secDecember 31, 2002
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tion. The amounts established under this paragraph may, at
the Administrator’s discretion, be based on classes of chemicals
or categories of facilities.
(g) FORM.—
(1) INFORMATION REQUIRED.—Not later than June 1, 1987,
the Administrator shall publish a uniform toxic chemical release form for facilities covered by this section. If the Administrator does not publish such a form, owners and operators of
facilities subject to the requirements of this section shall provide the information required under this subsection by letter
postmarked on or before the date on which the form is due.
Such form shall—
(A) provide for the name and location of, and principal
business activities at, the facility;
(B) include an appropriate certification, signed by a
senior official with management responsibility for the person or persons completing the report, regarding the accuracy and completeness of the report; and
(C) provide for submission of each of the following
items of information for each listed toxic chemical known
to be present at the facility:
(i) Whether the toxic chemical at the facility is
manufactured, processed, or otherwise used, and the
general category or categories of use of the chemical.
(ii) An estimate of the maximum amounts (in
ranges) of the toxic chemical present at the facility at
any time during the preceding calendar year.
(iii) For each wastestream, the waste treatment or
disposal methods employed, and an estimate of the
treatment efficiency typically achieved by such methods for that wastestream.
(iv) The annual quantity of the toxic chemical entering each environmental medium.
(2) USE OF AVAILABLE DATA.—In order to provide the information required under this section, the owner or operator of a
facility may use readily available data (including monitoring
data) collected pursuant to other provisions of law, or, where
such data are not readily available, reasonable estimates of the
amounts involved. Nothing in this section requires the monitoring or measurement of the quantities, concentration, or frequency of any toxic chemical released into the environment beyond that monitoring and measurement required under other
provisions of law or regulation. In order to assure consistency,
the Administrator shall require that data be expressed in common units.
(h) USE OF RELEASE FORM.—The release forms required under
this section are intended to provide information to the Federal,
State, and local governments and the public, including citizens of
communities surrounding covered facilities. The release form shall
be available, consistent with section 324(a), to inform persons
about releases of toxic chemicals to the environment; to assist governmental agencies, researchers, and other persons in the conduct
of research and data gathering; to aid in the development of approDecember 31, 2002
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priate regulations, guidelines, and standards; and for other similar
purposes.
(i) MODIFICATIONS IN REPORTING FREQUENCY.—
(1) IN GENERAL.—The Administrator may modify the frequency of submitting a report under this section, but the Administrator may not modify the frequency to be any more often
than annually. A modification may apply, either nationally or
in a specific geographic area, to the following:
(A) All toxic chemical release forms required under
this section.
(B) A class of toxic chemicals or a category of facilities.
(C) A specific toxic chemical.
(D) A specific facility.
(2) REQUIREMENTS.—A modification may be made under
paragraph (1) only if the Administrator—
(A) makes a finding that the modification is consistent
with the provisions of subsection (h), based on—
(i) experience from previously submitted toxic
chemical release forms, and
(ii) determinations made under paragraph (3), and
(B) the finding is made by a rulemaking in accordance
with section 553 of title 5, United States Code.
(3) DETERMINATIONS.—The Administrator shall make the
following determinations with respect to a proposed modification before making a modification under paragraph (1):
(A) The extent to which information relating to the
proposed modification provided on the toxic chemical release forms has been used by the Administrator or other
agencies of the Federal Government, States, local governments, health professionals, and the public.
(B) The extent to which the information is (i) readily
available to potential users from other sources, such as
State reporting programs, and (ii) provided to the Administrator under another Federal law or through a State program.
(C) The extent to which the modification would impose
additional and unreasonable burdens on facilities subject
to the reporting requirements under this section.
(4) 5-YEAR REVIEW.—Any modification made under this
subsection shall be reviewed at least once every 5 years. Such
review shall examine the modification and ensure that the requirements of paragraphs (2) and (3) still justify continuation
of the modification. Any change to a modification reviewed
under this paragraph shall be made in accordance with this
subsection.
(5) NOTIFICATION TO CONGRESS.—The Administrator shall
notify Congress of an intention to initiate a rulemaking for a
modification under this subsection. After such notification, the
Administrator shall delay initiation of the rulemaking for at
least 12 months, but no more than 24 months, after the date
of such notification.
(6) JUDICIAL REVIEW.—In any judicial review of a rulemaking which establishes a modification under this subsection,
a court may hold unlawful and set aside agency action, findDecember 31, 2002
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ings, and conclusions found to be unsupported by substantial
evidence.
(7) APPLICABILITY.—A modification under this subsection
may apply to a calendar year or other reporting period beginning no earlier than January 1, 1993.
(8) EFFECTIVE DATE.—Any modification made on or after
January 1 and before December 1 of any calendar year shall
take effect beginning with the next calendar year. Any modification made on or after December 1 of any calendar year and
before January 1 of the next calendar year shall take effect beginning with the calendar year following such next calendar
year.
(j) EPA MANAGEMENT OF DATA.—The Administrator shall establish and maintain in a computer data base a national toxic
chemical inventory based on data submitted to the Administrator
under this section. The Administrator shall make these data accessible by computer telecommunication and other means to any person on a cost reimbursable basis.
(k) REPORT.—Not later than June 30, 1991, the Comptroller
General, in consultation with the Administrator and appropriate officials in the States, shall submit to the Congress a report including each of the following:
(1) A description of the steps taken by the Administrator
and the States to implement the requirements of this section,
including steps taken to make information collected under this
section available to and accessible by the public.
(2) A description of the extent to which the information
collected under this section has been used by the Environmental Protection Agency, other Federal agencies, the States,
and the public, and the purposes for which the information has
been used.
(3) An identification and evaluation of options for modifications to the requirements of this section for the purpose of
making information collected under this section more useful.
(l) MASS BALANCE STUDY.—
(1) IN GENERAL.—The Administrator shall arrange for a
mass balance study to be carried out by the National Academy
of Sciences using mass balance information collected by the
Administrator under paragraph (3). The Administrator shall
submit to Congress a report on such study no later than 5
years after the date of the enactment of this title.
(2) PURPOSES.—The purposes of the study are as follows:
(A) To assess the value of mass balance analysis in determining the accuracy of information on toxic chemical releases.
(B) To assess the value of obtaining mass balance information, or portions thereof, to determine the waste reduction efficiency of different facilities, or categories of facilities, including the effectiveness of toxic chemical regulations promulgated under laws other than this title.
(C) To assess the utility of such information for evaluating toxic chemical management practices at facilities, or
categories of facilities, covered by this section.
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(D) To determine the implications of mass balance information collection on a national scale similar to the mass
balance information collection carried out by the Administrator under paragraph (3), including implications of the
use of such collection as part of a national annual quantity
toxic chemical release program.
(3) INFORMATION COLLECTION.—(A) The Administrator
shall acquire available mass balance information from States
which currently conduct (or during the 5 years after the date
of enactment of this title initiate) a mass balance-oriented annual quantity toxic chemical release program. If information
from such States provides an inadequate representation of industry classes and categories to carry out the purposes of the
study, the Administrator also may acquire mass balance information necessary for the study from a representative number
of facilities in other States.
(B) Any information acquired under this section shall be
available to the public, except that upon a showing satisfactory
to the Administrator by any person that the information (or a
particular part thereof) to which the Administrator or any officer, employee, or representative has access under this section
if made public would divulge information entitled to protection
under section 1905 of title 18, United States Code, such information or part shall be considered confidential in accordance
with the purposes of that section, except that such information
or part may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this section.
(C) The Administrator may promulgate regulations prescribing procedures for collecting mass balance information
under this paragraph.
(D) For purposes of collecting mass balance information
under subparagraph (A), the Administrator may require the
submission of information by a State or facility.
(4) MASS BALANCE DEFINITION.—For purposes of this subsection, the term ‘‘mass balance’’ means an accumulation of the
annual quantities of chemicals transported to a facility, produced at a facility, consumed at a facility, used at a facility,
accumulated at a facility, released from a facility, and transported from a facility as a waste or as a commercial product
or byproduct or component of a commercial product or byproduct.
[42 U.S.C. 11023]
Subtitle C—General Provisions
SEC. 321. RELATIONSHIP TO OTHER LAW.
(a) IN GENERAL.—Nothing in this title
shall—
(1) preempt any State or local law,
(2) except as provided in subsection (b), otherwise affect
any State or local law or the authority of any State or local
government to adopt or enforce any State or local law, or
(3) affect or modify in any way the obligations or liabilities
of any person under other Federal law.
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(b) EFFECT ON MSDS REQUIREMENTS.—Any State or local law
enacted after August 1, 1985, which requires the submission of a
material safety data sheet from facility owners or operators shall
require that the data sheet be identical in content and format to
the data sheet required under subsection (a) of section 311. In addition, a State or locality may require the submission of information
which is supplemental to the information required on the data
sheet (including information on the location and quantity of hazardous chemicals present at the facility), through additional sheets
attached to the data sheet or such other means as the State or locality considers appropriate.
[42 U.S.C. 11041]
SEC. 322. TRADE SECRETS.
(a) AUTHORITY TO WITHHOLD INFORMATION.—
(1) GENERAL AUTHORITY.—(A) With regard
to a hazardous
chemical, an extremely hazardous substance, or a toxic chemical, any person required under section 303(d)(2), 303(d)(3),
311, 312, or 313 to submit information to any other person
may withhold from such submittal the specific chemical identity (including the chemical name and other specific identification), as defined in regulations prescribed by the Administrator
under subsection (c), if the person complies with paragraph (2).
(B) Any person withholding the specific chemical identity
shall, in the place on the submittal where the chemical identity
would normally be included, include the generic class or category of the hazardous chemical, extremely hazardous substance, or toxic chemical (as the case may be).
(2) REQUIREMENTS.—(A) A person is entitled to withhold
information under paragraph (1) if such person—
(i) claims that such information is a trade secret, on
the basis of the factors enumerated in subsection (b),
(ii) includes in the submittal referred to in paragraph
(1) an explanation of the reasons why such information is
claimed to be a trade secret, based on the factors enumerated in subsection (b), including a specific description of
why such factors apply, and
(iii) submits to the Administrator a copy of such submittal, and the information withheld from such submittal.
(B) In submitting to the Administrator the information required by subparagraph (A)(iii), a person withholding information under this subsection may—
(i) designate, in writing and in such manner as the
Administrator may prescribe by regulation, the information which such person believes is entitled to be withheld
under paragraph (1), and
(ii) submit such designated information separately
from other information submitted under this subsection.
(3) LIMITATION.—The authority under this subsection to
withhold information shall not apply to information which the
Administrator has determined, in accordance with subsection
(c), is not a trade secret.
(b) TRADE SECRET FACTORS.—No person required to provide information under this title may claim that the information is entiDecember 31, 2002
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tled to protection as a trade secret under subsection (a) unless such
person shows each of the following:
(1) Such person has not disclosed the information to any
other person, other than a member of a local emergency planning committee, an officer or employee of the United States or
a State or local government, an employee of such person, or a
person who is bound by a confidentiality agreement, and such
person has taken reasonable measures to protect the confidentiality of such information and intends to continue to take such
measures.
(2) The information is not required to be disclosed, or otherwise made available, to the public under any other Federal
or State law.
(3) Disclosure of the information is likely to cause substantial harm to the competitive position of such person.
(4) The chemical identity is not readily discoverable
through reverse engineering.
(c) TRADE SECRET REGULATIONS.—As soon as practicable after
the date of enactment of this title, the Administrator shall prescribe regulations to implement this section. With respect to subsection (b)(4), such regulations shall be equivalent to comparable
provisions in the Occupational Safety and Health Administration
Hazard Communication Standard (29 C.F.R. 1910.1200) and any
revisions of such standard prescribed by the Secretary of Labor in
accordance with the final ruling of the courts of the United States
in United Steelworkers of America, AFL–CIO–CLC v. Thorne G.
Auchter.
(d) PETITION FOR REVIEW.—
(1) IN GENERAL.—Any person may petition the Administrator for the disclosure of the specific chemical identity of a
hazardous chemical, an extremely hazardous substance, or a
toxic chemical which is claimed as a trade secret under this
section. The Administrator may, in the absence of a petition
under this paragraph, initiate a determination, to be carried
out in accordance with this subsection, as to whether information withheld constitutes a trade secret.
(2) INITIAL REVIEW.—Within 30 days after the date of receipt of a petition under paragraph (1) (or upon the Administrator’s initiative), the Administrator shall review the explanation filed by a trade secret claimant under subsection (a)(2)
and determine whether the explanation presents assertions
which, if true, are sufficient to support a finding that the specific chemical identity is a trade secret.
(3) FINDING OF SUFFICIENT ASSERTIONS.—
(A) If the Administrator determines pursuant to paragraph (2) that the explanation presents sufficient assertions to support a finding that the specific chemical identity is a trade secret, the Administrator shall notify the
trade secret claimant that he has 30 days to supplement
the explanation with detailed information to support the
assertions.
(B) If the Administrator determines, after receipt of
any supplemental supporting detailed information under
subparagraph (A), that the assertions in the explanation
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are true and that the specific chemical identity is a trade
secret, the Administrator shall so notify the petitioner and
the petitioner may seek judicial review of the determination.
(C) If the Administrator determines, after receipt of
any supplemental supporting detailed information under
subparagraph (A), that the assertions in the explanation
are not true and that the specific chemical identity is not
a trade secret, the Administrator shall notify the trade secret claimant that the Administrator intends to release the
specific chemical identity. The trade secret claimant has
30 days in which he may appeal the Administrator’s determination under this subparagraph to the Administrator. If
the Administrator does not reverse his determination
under this subparagraph in such an appeal by the trade
secret claimant, the trade secret claimaint 1 may seek judicial review of the determination.
(4) FINDING OF INSUFFICIENT ASSERTIONS.—
(A) If the Administrator determines pursuant to paragraph (2) that the explanation presents insufficient assertions to support a finding that the specific chemical identity is a trade secret, the Administrator shall notify the
trade secret claimant that he has 30 days to appeal the determination to the Administrator, or, upon a showing of
good cause, amend the original explanation by providing
supplementary assertions to support the trade secret
claim.
(B) If the Administrator does not reverse his determination under subparagraph (A) after an appeal or an examination of any supplementary assertions under subparagraph (A), the Administrator shall so notify the trade secret claimant and the trade secret claimant may seek judicial review of the determination.
(C) If the Administrator reverses his determination
under subparagraph (A) after an appeal or an examination
of any supplementary assertions under subparagraph (A),
the procedures under paragraph (3) of this subsection
apply.
(e) EXCEPTION FOR INFORMATION PROVIDED TO HEALTH PROFESSIONALS.—Nothing in this section, or regulations adopted pursuant to this section, shall authorize any person to withhold information which is required to be provided to a health professional, a
doctor, or a nurse in accordance with section 323.
(f) PROVIDING INFORMATION TO THE ADMINISTRATOR; AVAILABILITY TO PUBLIC.—Any information submitted to the Administrator under subsection (a)(2) or subsection (d)(3) (except a specific
chemical identity) shall be available to the public, except that upon
a showing satisfactory to the Administrator by any person that the
information (or a particular part thereof) to which the Administrator has access under this section if made public would divulge
information entitled to protection under section 1905 of title 18,
United States Code, such information or part shall be considered
1 So
December 31, 2002
in law. Probably should be ‘‘claimant’’.
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confidential in accordance with the purposes of that section, except
that such information or part may be disclosed to other officers,
employees, or authorized representatives of the United States concerned with carrying out this title.
(g) INFORMATION PROVIDED TO STATE.—Upon request by a
State, acting through the Governor of the State, the Administrator
shall provide to the State any information obtained under subsection (a)(2) and subsection (d)(3).
(h) INFORMATION ON ADVERSE EFFECTS.—(1) In any case in
which the identity of a hazardous chemical or an extremely hazardous substance is claimed as a trade secret, the Governor or
State emergency response commission established under section
301 shall identify the adverse health effects associated with the
hazardous chemical or extremely hazardous substance and shall
assure that such information is provided to any person requesting
information about such hazardous chemical or extremely hazardous
substance.
(2) In any case in which the identity of a toxic chemical is
claimed as a trade secret, the Administrator shall identify the adverse health and environmental effects associated with the toxic
chemical and shall assure that such information is included in the
computer database required by section 313(j) and is provided to
any person requesting information about such toxic chemical.
(i) INFORMATION PROVIDED TO CONGRESS.—Notwithstanding
any limitatio 1 contained in this section or any other provision of
law, all information reported to or otherwise obtained by the Administrator (or any representative of the Administrator) under this
title shall be made available to a duly authorized committee of the
Congress upon written request by such a committee.
[42 U.S.C. 11042]
SEC. 323. PROVISION OF INFORMATION TO HEALTH PROFESSIONALS,
DOCTORS, AND NURSES.
(a) DIAGNOSIS OR TREATMENT BY HEALTH PROFESSIONAL.—An
owner or operator of a facility which is subject to the requirements
of section 311, 312, or 313 shall provide the specific chemical identity, if known, of a hazardous chemical, extremely hazardous substance, or a toxic chemical to any health professional who requests
such information in writing if the health professional provides a
written statement of need under this subsection and a written confidentiality agreement under subsection (d). The written statement
of need shall be a statement that the health professional has a reasonable basis to suspect that—
(1) the information is needed for purposes of diagnosis or
treatment of an individual,
(2) the individual or individuals being diagnosed or treated
have been exposed to the chemical concerned, and
(3) knowledge of the specific chemical identity of such
chemical will assist in diagnosis or treatment.
Following such a written request, the owner or operator to whom
such request is made shall promptly provide the requested information to the health professional. The authority to withhold the specific chemical identity of a chemical under section 322 when such
1 So
December 31, 2002
in law. Probably should be ‘‘limitation’’.
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information is a trade secret shall not apply to information required to be provided under this subsection, subject to the provisions of subsection (d).
(b) MEDICAL EMERGENCY.—An owner or operator of a facility
which is subject to the requirements of section 311, 312, or 313
shall provide a copy of a material safety data sheet, an inventory
form, or a toxic chemical release form, including the specific chemical identity, if known, of a hazardous chemical, extremely hazardous substance, or a toxic chemical, to any treating physician or
nurse who requests such information if such physician or nurse determines that—
(1) a medical emergency exists,
(2) the specific chemical identity of the chemical concerned
is necessary for or will assist in emergency or first-aid diagnosis or treatment, and
(3) the individual or individuals being diagnosed or treated
have been exposed to the chemical concerned.
Immediately following such a request, the owner or operator to
whom such request is made shall provide the requested information to the physician or nurse. The authority to withhold the specific chemical identity of a chemical from a material safety data
sheet, an inventory form, or a toxic chemical release form under
section 322 when such information is a trade secret shall not apply
to information required to be provided to a treating physician or
nurse under this subsection. No written confidentiality agreement
or statement of need shall be required as a precondition of such
disclosure, but the owner or operator disclosing such information
may require a written confidentiality agreement in accordance with
subsection (d) and a statement setting forth the items listed in
paragraphs (1) through (3) as soon as circumstances permit.
(c) PREVENTIVE MEASURES BY LOCAL HEALTH PROFESSIONALS.—
(1) PROVISION OF INFORMATION.—An owner or operator of
a facility subject to the requirements of section 311, 312, or
313 shall provide the specific chemical identity, if known, of a
hazardous chemical, an extremely hazardous substance, or a
toxic chemical to any health professional (such as a physician,
toxicologist, or epidemiologist)—
(A) who is a local government employee or a person
under contract with the local government, and
(B) who requests such information in writing and provides a written statement of need under paragraph (2) and
a written confidentiality agreement under subsection (d).
Following such a written request, the owner or operator to
whom such request is made shall promptly provide the requested information to the local health professional. The authority to withhold the specific chemical identity of a chemical
under section 322 when such information is a trade secret
shall not apply to information required to be provided under
this subsection, subject to the provisions of subsection (d).
(2) WRITTEN STATEMENT OF NEED.—The written statement
of need shall be a statement that describes with reasonable detail one or more of the following health needs for the information:
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(A) To assess exposure of persons living in a local community to the hazards of the chemical concerned.
(B) To conduct or assess sampling to determine exposure levels of various population groups.
(C) To conduct periodic medical surveillance of exposed
population groups.
(D) To provide medical treatment to exposed individuals or population groups.
(E) To conduct studies to determine the health effects
of exposure.
(F) To conduct studies to aid in the identification of a
chemical that may reasonably be anticipated to cause an
observed health effect.
(d) CONFIDENTIALITY AGREEMENT.—Any person obtaining information under subsection (a) or (c) shall, in accordance with such
subsection (a) or (c), be required to agree in a written confidentiality agreement that he will not use the information for any purpose other than the health needs asserted in the statement of need,
except as may otherwise be authorized by the terms of the agreement or by the person providing such information. Nothing in this
subsection shall preclude the parties to a confidentiality agreement
from pursuing any remedies to the extent permitted by law.
(e) REGULATIONS.—As soon as practicable after the date of the
enactment of this title, the Administrator shall promulgate regulations describing criteria and parameters for the statement of need
under subsection 1 (a) and (c) and the confidentiality agreement
under subsection (d).
[42 U.S.C. 11043]
SEC. 324. PUBLIC AVAILABILITY OF PLANS, DATA SHEETS, FORMS,
AND FOLLOWUP NOTICES.
(a) AVAILABILITY TO PUBLIC.—Each emergency response plan,
material safety data sheet, list described in section 311(a)(2), inventory form, toxic chemical release form, and followup emergency
notice shall be made available to the general public, consistent
with section 322, during normal working hours at the location or
locations designated by the Administrator, Governor, State emergency response commission, or local emergency planning committee, as appropriate. Upon request by an owner or operator of a
facility subject to the requirements of section 312, the State emergency response commission and the appropriate local emergency
planning committee shall withhold from disclosure under this section the location of any specific chemical required by section
312(d)(2) to be contained in an inventory form as tier II information.
(b) NOTICE OF PUBLIC AVAILABILITY.—Each local emergency
planning committee shall annually publish a notice in local newspapers that the emergency response plan, material safety data
sheets, and inventory forms have been submitted under this section. The notice shall state that followup emergency notices may
subsequently be issued. Such notice shall announce that members
of the public who wish to review any such plan, sheet, form, or fol1 So
December 31, 2002
in law. Probably should be ‘‘subsections’’.
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lowup notice may do so at the location designated under subsection
(a).
[42 U.S.C. 11044]
SEC. 325. ENFORCEMENT.
(a) CIVIL PENALTIES FOR
EMERGENCY PLANNING.—The Administrator may order a facility owner or operator (except an owner or
operator of a facility designated under section 302(b)(2)) to comply
with section 302(c) and section 303(d). The United States district
court for the district in which the facility is located shall have jurisdiction to enforce the order, and any person who violates or fails
to obey such an order shall be liable to the United States for a civil
penalty of not more than $25,000 for each day in which such violation occurs or such failure to comply continues.
(b) CIVIL, ADMINISTRATIVE, AND CRIMINAL PENALTIES FOR
EMERGENCY NOTIFICATION.—
(1) CLASS I ADMINISTRATIVE PENALTY.—(A) A civil penalty
of not more than $25,000 per violation may be assessed by the
Administrator in the case of a violation of the requirements of
section 304.
(B) No civil penalty may be assessed under this subsection
unless the person accused of the violation is given notice and
opportunity for a hearing with respect to the violation.
(C) In determining the amount of any penalty assessed
pursuant to this subsection, the Administrator shall take into
account the nature, circumstances, extent and gravity of the
violation or violations and, with respect to the violator, ability
to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the
violation, and such other matters as justice may require.
(2) CLASS II ADMINISTRATIVE PENALTY.—A civil penalty of
not more than $25,000 per day for each day during which the
violation continues may be assessed by the Administrator in
the case of a violation of the requirements of section 304. In
the case of a second or subsequent violation the amount of
such penalty may be not more than $75,000 for each day during which the violation continues. Any civil penalty under this
subsection shall be assessed and collected in the same manner,
and subject to the same provisions, as in the case of civil penalties assessed and collected under section 16 of the Toxic Substances Control Act. In any proceeding for the assessment of
a civil penalty under this subsection the Administrator may
issue subpoenas for the attendance and testimony of witnesses
and the production of relevant papers, books, and documents
and may promulgate rules for discovery procedures.
(3) JUDICIAL ASSESSMENT.—The Administrator may bring
an action in the United States District 1 court for the appropriate district to assess and collect a penalty of not more than
$25,000 per day for each day during which the violation continues in the case of a violation of the requirements of section
304. In the case of a second or subsequent violation, the
1 So
December 31, 2002
in law. Probably should be ‘‘district’’.
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amount of such penalty may be not more than $75,000 for each
day during which the violation continues.
(4) CRIMINAL PENALTIES.—Any person who knowingly and
willfully fails to provide notice in accordance with section 304
shall, upon conviction, be fined not more than $25,000 or imprisoned for not more than two years, or both (or in the case
of a second or subsequent conviction, shall be fined not more
than $50,000 or imprisoned for not more than five years, or
both).
(c) CIVIL AND ADMINISTRATIVE PENALTIES FOR REPORTING REQUIREMENTS.—(1) Any person (other than a governmental entity)
who violates any requirement of section 312 or 313 shall be liable
to the United States for a civil penalty in an amount not to exceed
$25,000 for each such violation.
(2) Any person (other than a governmental entity) who violates
any requirement of section 311 or 323(b), and any person who fails
to furnish to the Administrator information required under section
322(a)(2) shall be liable to the United States for a civil penalty in
an amount not to exceed $10,000 for each such violation.
(3) Each day a violation described in paragraph (1) or (2) continues shall, for purposes of this subsection, constitute a separate
violation.
(4) The Administrator may assess any civil penalty for which
a person is liable under this subsection by administrative order or
may bring an action to assess and collect the penalty in the United
States district court for the district in which the person from whom
the penalty is sought resides or in which such person’s principal
place of business is located.
(d) CIVIL, ADMINISTRATIVE, AND CRIMINAL PENALTIES WITH RESPECT TO TRADE SECRETS.—
(1) CIVIL AND ADMINISTRATIVE PENALTY FOR FRIVOLOUS
CLAIMS.—If the Administrator determines—
(A)(i) under section 322(d)(4) that an explanation submitted by a trade secret claimant presents insufficient assertions to support a finding that a specific chemical identity is a trade secret, or (ii) after receiving supplemental
supporting detailed information under section 322(d)(3)(A),
that the specific chemical identity is not a trade secret;
and
(B) that the trade secret claim is frivolous,
the trade secret claimant is liable for a penalty of $25,000 per
claim. The Administrator may assess the penalty by administrative order or may bring an action in the appropriate district
court of the United States to assess and collect the penalty.
(2) CRIMINAL PENALTY FOR DISCLOSURE OF TRADE SECRET
INFORMATION.—Any person who knowingly and willfully divulges or discloses any information entitled to protection under
section 322 shall, upon conviction, be subject to a fine of not
more than $20,000 or to imprisonment not to exceed one year,
or both.
(e) SPECIAL ENFORCEMENT PROVISIONS FOR SECTION 323.—
Whenever any facility owner or operator required to provide information under section 323 to a health professional who has requested such information fails or refuses to provide such informaDecember 31, 2002
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tion in accordance with such section, such health professional may
bring an action in the appropriate United States district court to
require such facility owner or operator to provide the information.
Such court shall have jurisdiction to issue orders that take such
other action as may be necessary to enforce the requirements of
section 323.
(f) PROCEDURES FOR ADMINISTRATIVE PENALTIES.—
(1) Any person against whom a civil penalty is assessed
under this section may obtain review thereof in the appropriate district court of the United States by filing a notice of
appeal in such court within 30 days after the date of such
order and by simultaneously sending a copy of such notice by
certified mail to the Administrator. The Administrator shall
promptly file in such court a certified copy of the record upon
which such violation was found or such penalty imposed. If any
person fails to pay an assessment of a civil penalty after it has
become a final and unappealable order or after the appropriate
court has entered final judgment in favor of the United States,
the Administrator may request the Attorney General of the
United States to institute a civil action in an appropriate district court of the United States to collect the penalty, and such
court shall have jurisdiction to hear and decide any such action. In hearing such action, the court shall have authority to
review the violation and the assessment of the civil penalty on
the record.
(2) The Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant
papers, books, or documents in connection with hearings under
this section. In case of contumacy or refusal to obey a subpoena
issued pursuant to this paragraph and served upon any person,
the district court of the United States for any district in which
such person is found, resides, or transacts business upon application by the United States and after notice to such person,
shall have jurisdiction to issue an order requiring such person
to appear and give testimony before the administrative law
judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order
of the court may be punished by such court as a contempt
thereof.
[42 U.S.C. 11045]
SEC. 326. CIVIL ACTIONS.
(a) AUTHORITY TO BRING CIVIL ACTIONS.—
(1) CITIZEN SUITS.—Except as provided
in subsection (e),
any person may commence a civil action on his own behalf
against the following:
(A) An owner or operator of a facility for failure to do
any of the following:
(i) Submit a followup emergency notice under section 304(c).
(ii) Submit a material safety data sheet or a list
under section 311(a).
(iii) Complete and submit an inventory form under
section 312(a) containing tier I information as de-
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scribed in section 312(d)(1) unless such requirement
does not apply by reason of the second sentence of section 312(a)(2).
(iv) Complete and submit a toxic chemical release
form under section 313(a).
(B) The Administrator for failure to do any of the following:
(i) Publish inventory forms under section 312(g).
(ii) Respond to a petition to add or delete a chemical under section 313(e)(1) within 180 days after receipt of the petition.
(iii) Publish a toxic chemical release form under
313(g).1
(iv) Establish a computer database in accordance
with section 313(j).
(v) Promulgate trade secret regulations under section 322(c).
(vi) Render a decision in response to a petition
under section 322(d) within 9 months after receipt of
the petition.
(C) The Administrator, a State Governor, or a State
emergency response commission, for failure to provide a
mechanism for public availability of information in accordance with section 324(a).
(D) A State Governor or a State emergency response
commission for failure to respond to a request for tier II
information under section 312(e)(3) within 120 days after
the date of receipt of the request.
(2) STATE OR LOCAL SUITS.—
(A) Any State of local government may commence a
civil action against an owner or operator of a facility for
failure to do any of the following:
(i) Provide notification to the emergency response
commission in the State under section 302(c).
(ii) Submit a material safety data sheet or a list
under section 311(a).
(iii) Make available information requested under
section 311(c).
(iv) Complete and submit an inventory form under
section 312(a) containing tier I information unless
such requirement does not apply by reason of the second sentence of section 312(a)(2).
(B) Any State emergency response commission or local
emergency planning committee may commence a civil action against an owner or operator of a facility for failure
to provide information under section 303(d) or for failure
to submit tier II information under section 312(e)(1).
(C) Any State may commence a civil action against the
Administrator for failure to provide information to the
State under section 322(g).
(b) VENUE.—
1 So
December 31, 2002
in law. Probably should be preceded by ‘‘section’’.
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(1) Any action under subsection (a) against an owner or operator of a facility shall be brought in the district court for the
district in which the alleged violation occurred.
(2) Any action under subsection (a) against the Administrator may be brought in the United States District Court for
the District of Columbia.
(c) RELIEF.—The district court shall have jurisdiction in actions
brought under subsection (a) against an owner or operator of a facility to enforce the requirement concerned and to impose any civil
penalty provided for violation of that requirement. The district
court shall have jurisdiction in actions brought under subsection (a)
against the Administrator to order the Administrator to perform
the act or duty concerned.
(d) NOTICE.—
(1) No action may be commenced under subsection
(a)(1)(A) prior to 60 days after the plaintiff has given notice of
the alleged violation to the Administrator, the State in which
the alleged violation occurs, and the alleged violator. Notice
under this paragraph shall be given in such manner as the Administrator shall prescribe by regulation.
(2) No action may be commenced under subsection
(a)(1)(B) or (a)(1)(C) prior to 60 days after the date on which
the plaintiff gives notice to the Administrator, State Governor,
or State emergency response commission (as the case may be)
that the plaintiff will commence the action. Notice under this
paragraph shall be given in such manner as the Administrator
shall prescribe by regulation.
(e) LIMITATION.—No action may be commenced under subsection (a) against an owner or operator of a facility if the Administrator has commenced and is diligently purusing an administrative
order or civil action to enforce the requirement concerned or to impose a civil penalty under this Act with respect to the violation of
the requirement.
(f) COSTS.—The court, in issuing any final order in any action
brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or the substantially prevailing party whenever the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with
the Federal Rules of Civil Procedure.
(g) OTHER RIGHTS.—Nothing in this section shall restrict or expand any right which any person (or class of persons) may have
under any Federal or State statute or common law to seek enforcement of any requirement or to seek any other relief (including relief against the Administrator or a State agency).
(h) INTERVENTION.—
(1) BY THE UNITED STATES.—In any action under this section the United States or the State, or both, if not a party, may
intervene as a matter of right.
(2) BY PERSONS.—In any action under this section, any
person may intervene as a matter of right when such person
has a direct interest which is or may be adversely affected by
the action and the disposition of the action may, as a practical
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matter, impair or impede the person’s ability to protect that interest unless the Administrator or the State shows that the
person’s interest is adequately represented by existing parties
in the action.
[42 U.S.C. 11046]
SEC. 327. EXEMPTION.
Except as provided in section 304, this title does not apply to
the transportation, including the storage incident to such transportation, of any substance or chemical subject to the requirements of
this title, including the transportation and distribution of natural
gas.
[42 U.S.C. 11047]
SEC. 328. REGULATIONS.
The Administrator may prescribe such regulations as may be
necessary to carry out this title.
[42 U.S.C. 11048]
SEC. 329. DEFINITIONS.
For purposes of this title—
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(2) ENVIRONMENT.—The term ‘‘environment’’ includes
water, air, and land and the interrelationship which exists
among and between water, air, and land and all living things.
(3) EXTREMELY HAZARDOUS SUBSTANCE.—The term ‘‘extremely hazardous substance’’ means a substance on the list
described in section 302(a)(2).
(4) FACILITY.—The term ‘‘facility’’ means all buildings,
equipment, structures, and other stationary items which are
located on a single site or on contiguous or adjacent sites and
which are owned or operated by the same person (or by any
person which controls, is controlled by, or under common control with, such person). For purposes of section 304, the term
includes motor vehicles, rolling stock, and aircraft.
(5) HAZARDOUS CHEMICAL.—The term ‘‘hazardous chemical’’ has the meaning given such term by section 311(e).
(6) MATERIAL SAFETY DATA SHEET.—The term ‘‘material
safety data sheet’’ means the sheet required to be developed
under section 1901.1200(g) of title 29 of the Code of Federal
Regulations, as that section may be amended from time to
time.
(7) PERSON.—The term ‘‘person’’ means any individual,
trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or interstate body.
(8) RELEASE.—The term ‘‘release’’ means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous chemical, extremely hazardous substance, or toxic chemical.
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(9) STATE.—The term ‘‘State’’ means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, the Northern Mariana Islands, and any other territory
or possession over which the United States has jurisdiction.
(10) TOXIC CHEMICAL.—The term ‘‘toxic chemical’’ means a
substance on the list described in section 313(c).
[42 U.S.C. 11049]
SEC. 330. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal years beginning after September 30, 1986, such sums as may be necessary to
carry out this title.
[42 U.S.C. 11050]
TITLE IV—RADON GAS AND INDOOR AIR QUALITY
RESEARCH 1
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Radon Gas and Indoor Air Quality Research Act of 1986’’.
[42 U.S.C. 7401 note]
SEC. 402. FINDINGS.
The Congress finds that:
(1) High levels of radon gas pose a serious health threat
in structures in certain areas of the country.
(2) Various scientific studies have suggested that exposure
to radon, including exposure to naturally occurring radon and
indoor air pollutants, poses a public health risk.
(3) Existing Federal radon and indoor air pollutant research programs are fragmented and underfunded.
(4) An adequate information base concerning exposure to
radon and indoor air pollutants should be developed by the appropriate Federal agencies.
[42 U.S.C. 7401 note]
SEC. 403. RADON GAS AND INDOOR AIR QUALITY RESEARCH PROGRAM.
(a) DESIGN OF PROGRAM.—The Administrator of the Environ-
mental Protection Agency shall establish a research program with
respect to radon gas and indoor air quality. Such program shall 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;
(2) coordinate Federal, State, local, and private research
and development efforts relating to the improvement of indoor
air quality; and
(3) assess appropriate Federal Government actions to mitigate the environmental and health risks associated with indoor
air quality problems.
1 For other provisions relating to radon, see title III of the Toxic Substances Control Act in
this print.
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(b) PROGRAM REQUIREMENTS.—The research program required
under this section shall include—
(1) research and development concerning the identification,
characterization, and monitoring of the sources and levels of
indoor air pollution, including radon, which includes research
and development relating to—
(A) the measurement of various pollutant concentrations and their strengths and sources,
(B) high-risk building types, and
(C) instruments for indoor air quality data collection;
(2) research relating to the effects of indoor air pollution
and radon on human health;
(3) research and development relating to control technologies or other mitigation measures to prevent or abate indoor air pollution (including the development, evaluation, and
testing of individual and generic control devices and systems);
(4) demonstration of methods for reducing or eliminating
indoor air pollution and radon, including sealing, venting, and
other methods that the Administrator determines may be effective;
(5) research, to be carried out in conjunction with the Secretary of Housing and Urban Development, for the purpose of
developing—
(A) methods for assessing the potential for radon contamination of new construction, including (but not limited
to) consideration of the moisture content of soil, porosity of
soil, and radon content of soil; and
(B) design measures to avoid indoor air pollution; and
(6) the dissemination of information to assure the public
availability of the findings of the activities under this section.
(c) ADVISORY COMMITTEES.—The Administrator shall establish
a committee comprised of individuals representing Federal agencies
concerned with various aspects of indoor air quality and an advisory group comprised of individuals representing the States, the
scientific community, industry, and public interest organizations to
assist him in carrying out the research program for radon gas and
indoor air quality.
(d) IMPLEMENTATION PLAN.—Not later than 90 days after the
enactment of this Act, the Administrator shall submit to the Congress a plan for implementation of the research progam under this
section. Such plan shall also be submitted to the EPA Science Advisory Board, which shall, within a reasonable period of time, submit
its comments on such plan to Congress.
(e) REPORT.—Not later than 2 years after the enactment of this
Act, the Administrator shall submit to Congress a report respecting
his activities under this section and making such recommendations
as appropriate.
[42 U.S.C. 7401 note]
SEC. 404. CONSTRUCTION OF TITLE.
Nothing in this title shall be construed to authorize the Administrator to carry out any regulatory program or any activity other
than research, development, and related reporting, information dissemination, and coordination activities specified in this title. NothDecember 31, 2002
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Sec. 405
SARA OF 1986
706
ing in this title shall be construed to limit the authority of the Administrator or of any other agency or instrumentality of the United
States under any other authority of law.
[42 U.S.C. 7401 note]
SEC. 405. AUTHORIZATIONS.
There are authorized to be appropriated to carry out the activities under this title and under section 118(k) of the Superfund
Amendments and Reauthorization Act of 1986 (relating to radon
gas assessment and demonstration program) not to exceed
$5,000,000 for each of the fiscal years 1987, 1988, and 1989. Of
such sums appropriated in fiscal years 1987 and 1988, two-fifths
shall be reserved for the implementation of section 118(k)(2).
[42 U.S.C. 7401 note]
TITLE V—AMENDMENTS OF THE INTERNAL REVENUE
CODE OF 1986
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Superfund Revenue Act of
1986’’.
PART I—SUPERFUND AND ITS REVENUE
SOURCES
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*
*
*
*
*
*
[NOTE: See Chapter 38 (Environmental Taxes) of the Internal Revenue
Code of 1986 for provisions relating to Superfund and its revenue
sources. Set forth below are selected provisions of the Internal Revenue
Code of 1986.]
SECTION 4611(e) OF THE INTERNAL REVENUE CODE OF
1986
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*
(e) APPLICATION OF HAZARDOUS SUBSTANCE SUPERFUND FINANCING RATE—
(1) IN GENERAL.—Except as provided in paragraphs (2) and
(3), the Hazardous Substance Superfund financing rate under
this section shall apply after December 31, 1986, and before
January 1, 1996.
(2) NO TAX IF UNOBLIGATED BALANCE IN FUND EXCEEDS
$3,500,000,000.—If on December 31, 1993, or December 31,
1994—
(A) the unobligated balance in the Hazardous Substance Superfund exceeds $3,500,000,000, and
(B) the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines
that the unobligated balance in the Hazardous Substance
Superfund will exceed $3,500,000,000 on December 31 of
1994 or 1995, respectively, if no tax is imposed under section 59A, this section, and sections 4661 and 4671,
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707
SARA OF 1986
Sec. 9507
then no tax shall be imposed under this section (to the extent
attributable to the Hazardous Substance Superfund financing
rate) during 1994 or 1995, as the case may be.
(3)
NO
TAX
IF
AMOUNTS
COLLECTED
EXCEED
$11,970,000,000.—
(A) ESTIMATES BY SECRETARY.—The Secretary as of the
close of each calendar quarter (and at such other times as
the Secretary determines appropriate) shall make an estimate of the amount of taxes which will be collected under
section 59A, this section (to the extent attributable to the
Hazardous Substance Superfund financing rate), and sections 4661 and 4671 and credited to the Hazardous Substance Superfund during the period beginning January 1,
1987, and ending December 31, 1995.
(B) TERMINATION IF $11,970,000,000 CREDITED BEFORE
JANUARY 1, 1996.—If the Secretary estimates under subparagraph (A) that more than $11,970,000,000 will be
credited to the Fund before January 1, 1996, the Hazardous Substance Superfund financing rate under this section shall not apply after the date on which (as estimated
by the Secretary) $11,970,000,000 will be so credited to the
Fund.
*
*
*
*
*
*
*
SECTION 9507 OF THE INTERNAL REVENUE CODE OF
1986
SEC. 9507. HAZARDOUS SUBSTANCE SUPERFUND.
(a) CREATION OF TRUST FUND.—There is
established in the
Treasury of the United States a trust fund to be known as the
‘‘Hazardous Substance Superfund’’ (hereinafter in this section referred to as the ‘‘Superfund’’), consisting of such amounts as may
be—
(1) appropriated to the Superfund as provided in this section,
(2) appropriated to the Superfund pursuant to section
517(b) of the Superfund Revenue Act of 1986, or
(3) credited to the Superfund as provided in section
9602(b).
(b) TRANSFERS TO SUPERFUND.—There are hereby appropriated
to the Superfund amounts equivalent to—
(1) the taxes received in the Treasury under section 59A,
4611, 4661, or 4671 (relating to environmental taxes),
(2) amounts recovered on behalf of the Superfund under
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (hereinafter in this section referred
to as ‘‘CERCLA’’),
(3) all moneys recovered or collected under section
311(b)(6)(B) of the Clean Water Act,
(4) penalties assessed under title I of CERCLA, and
(5) punitive damages under section 107(c)(3) of CERCLA.
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Sec. 9507
SARA OF 1986
708
In the case of the tax imposed by section 4611, paragraph (1) shall
apply only to so much of such tax as is attributable to the Hazardous Substance Superfund financing rate under section 4611(c).
(c) EXPENDITURES FROM SUPERFUND.—
(1) IN GENERAL.—Amounts in the Superfund shall be available, as provided in appropriation Acts, only for purposes of
making expenditures—
(A) to carry out the purposes of—
(i) paragraphs (1), (2), (5), and (6) of section 111(a)
of CERCLA as in effect on the date of the enactment
of the Superfund Amendments and Reauthorization
Act of 1986,
(ii) section 111(c) of CERCLA (as so in effect),
other than paragraphs (1) and (2) thereof, and
(iii) section 111(m) of CERCLA (as so in effect), or
(B) hereafter authorized by a law which does not authorize the expenditure out of the Superfund for a general
purpose not covered by subparagraph (A) (as so in effect).
(2) EXCEPTION FOR CERTAIN TRANSFERS, ETC., OF HAZARDOUS SUBSTANCES.—No amount in the Superfund or derived
from the Superfund shall be available or used for the transfer
or disposal of hazardous waste carried out pursuant to a cooperative agreement between the Administrator of the Environmental Protection Agency and a State if the following conditions apply—
(A) the transfer or disposal, if made on December 13,
1985, would not comply with a State or local requirement,
(B) the transfer is to a facility for which a final permit
under section 3005(a) of the Solid Waste Disposal Act was
issued after January 1, 1983, and before November 1,
1984, and
(C) the transfer is from a facility identified as the
McColl Site in Fullerton, California.
(d) AUTHORITY TO BORROW.—
(1) IN GENERAL.—There are authorized to be appropriated
to the Superfund, as repayable advances, such sums as may be
necessary to carry out the purposes of the Superfund.
(2) LIMITATION ON AGGREGATE ADVANCES.—The maximum
aggregate amount of repayable advances to the Superfund
which is outstanding at any one time shall not exceed an
amount equal to the amount which the Secretary estimates
will be equal to the sum of the amounts appropriated to the
Superfund under subsection (b)(1) during the following 24
months.
(3) REPAYMENT OF ADVANCES.—
(A) IN GENERAL.—Advances made to the Superfund
shall be repaid, and interest on such advances shall be
paid, to the general fund of the Treasury when the Secretary determines that moneys are available for such purposes in the Superfund.
(B) FINAL REPAYMENT.—No advance shall be made to
the Superfund after December 31, 1995, and all advances
to such Fund shall be repaid on or before such date.
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SARA OF 1986
Sec. 9507
(C) RATE OF INTEREST.—Interest on advances made to
the Superfund shall be at a rate determined by the Secretary of the Treasury (as of the close of the calendar
month preceding the month in which the advance is made)
to be equal to the current average market yield on outstanding marketable obligations of the United States with
remaining periods to maturity comparable to the anticipated period during which the advance will be outstanding
and shall be compounded annually.
(e) LIABILITY OF UNITED STATES LIMITED TO AMOUNT IN TRUST
FUND.—
(1) GENERAL RULE.—Any claim filed against the Superfund
may be paid only out of the Superfund.
(2) COORDINATION WITH OTHER PROVISIONS.—Nothing in
CERCLA or the Superfund Amendments and Reauthorization
Act of 1986 (or in any amendment made by either of such Acts)
shall authorize the payment by the United States Government
of any amount with respect to any such claim out of any source
other than the Superfund.
(3) ORDER IN WHICH UNPAID CLAIMS ARE TO BE PAID.—If at
any time the Superfund has insufficient funds to pay all of the
claims payable out of the Superfund at such time, such claims
shall, to the extent permitted under paragraph (1), be paid in
full in the order in which they were finally determined.
SECTION 517(b) OF SARA OF 1986
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated, out of any money in the Treasury not otherwise
appropriated, to the Hazardous Substance Superfund for fiscal
year—
(1) 1987, $250,000,000,
(2) 1988, $250,000,000,
(3) 1989, $250,000,000,
(4) 1990, $250,000,000,
(5) 1991, $250,000,000, and 1
(6) 1992, $250,000,000,
(7) 1993, $250,000,000,
(8) 1994, $250,000,000, and
(9) 1995, $250,000,000.[,] 2
plus for each fiscal year an amount equal to so much of the aggregate amount authorized to be appropriated under this subsection
(and paragraph (2) of section 221(b) of the Hazardous Substance
Response Act of 1980, as in effect before its repeal) as has not been
appropriated before the beginning of the fiscal year involved.
1 So
in law. See amendment made by section 11231(d) of P.L. 101–508 (104 Stat. 1388–445).
2 Section 1704(t)(44) of P.L. 104–188 (110 Stat. 1889) reads as follows:
‘‘(44) Subsection (d) of section 11231 of the Revenue Reconciliation Act of 1990 shall be applied
as if ‘comma’ appeared instead of ‘period’ and as if the paragraph (9) proposed to be added ended
with a comma.’’
December 31, 2002
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Sec. 531
SARA OF 1986
710
PART II—LEAKING UNDERGROUND STORAGE
TANK TRUST FUND AND ITS REVENUE
SOURCES 1
PART III—COORDINATION WITH OTHER
PROVISIONS OF THIS ACT
SEC. 531. COORDINATION.
Notwithstanding any provision of this Act not contained in this
title, any provision of this Act (not contained in this title) which—
(1) imposes any tax, premium, or fee,
(2) establishes any trust fund, or
(3) authorizes amounts to be expended from any trust
fund,
shall have no force or effect.
1 Part II of title V of SARA of 1986 (consisting of sections 521 and 522) amended sections
4081, 4041, and various other sections of the Internal Revenue Code of 1986 and added section
9508 (establishing a leaking underground storage tank trust fund) to such Code. However, those
provisions have been amended extensively since enactment of SARA. See the Internal Revenue
Code of 1986 for the current text of those provisions.
December 31, 2002
| File Type | application/pdf |
| File Title | MICROCOMP output file |
| File Modified | 2003-03-04 |
| File Created | 2003-03-04 |