P.

3004

1 -1 1

i the requirement concerned and to impose any civil penalty

2 provided for violation of that requirement . The district court

3 shall have jum' diction in actions brought under 3ub3ection

I (a)(2) to order the Administrator or other department,

3 agency, or instrumentality to perform the act or duty con6 cerned.

7 "(d) SUBSECTION (a)(1) Amoivs .-

8 1 E "(1) NOTICE.-No action may be commenced

9 under subsection (a)(1) of this section prior to 50 days

10 after the plaintiff has given notice of the violation or

11 disposal12 E E"(A) to the Administrator,

13 EE"(B) to the State in which the alleged

14 violation occurs; and

13 E E "(0 to any alleged violator.

16 Notice under this paragraph shall be given In such

17 manner aj the Administrator shall prescribe by regulais tion.

19 E E"(2) AcTiovs UNDER PARAGRAPH (D .-No

20 action may be commenced under subsection (a)(1) with

21 respect to any violation referred to in such subpara22 graph if the Administrator has commenced and is dili23 gently pursuing an action to enforce the requirement

24 concerned or to impose a civil penalty under this Act

25 ,with respect to the violation of such requirement.
p. 2

3005

172

1 EE"(e) SIUBSECTION (a)(2) AmoNs.__Vo action

2 may be commenced under paragraph (2) of subsection (a)

3 prior to 60 days after the plaintiff has given notice to the

4 Administrator or other department, agency, or Instrumentall5 ty that he unill commence such action. Notice under this 3ub6 section shall be given in such manner as the Administrator

7 shall prescribe by regulation.

8 E E"(f) CosTs.-The court, in issuing any final order

9 in any action brought pursuant to this section, may award

10 costs of litigation (including reasonable attorney and expert

11 witness fees) to the prevailing or the substantially prevailing

12 party whenever the court determines such an award is appro13 priate. The court may, if a temporary restraining order or

14 preliminary inj.unction is sought, require the filing of a bond

15 or equivalent security in accordance with the Federal Rules

16 of Civil Procedure.

17 LE"(9) OTHER RIGHTS . -Nothing in this Act shall

18 restrict or expand any right which any person (or class of

19 pers&w) may have under any Federal or State statute or

20 common law to seek enforcement of any standard or require21 ment rekuing to hazardous substances, or pollutants or con22 taminants, or to seek any other relief (including relief

23 against the Administrator or a State agency).
p. 3

3006

173

1 INTERVENTION.-In anq artioij Wilier this

2 section the ['nited States, if not a PartV, mai/ intem.-Pne is 2

matter of M,Yht.

4 IE"(1) DEFISITIONS.-The terms used In thi~ 3ectlorl

5 shall have the 3ame meaning as when used in ,Itle 1.

6 SEC. ~10,-. UTIZENS SUITS.

7 Tttle III of CERCLA is amended by adding the

S following new section after section 309.

9 "SEC. 310. CITIZENS SUM.

10 "(a) A UTHORITY TO BRING CIVIL ACTIOA-S.-

11 Except as provided in subsection (d)- or (e) of this

i awtloi4 any parson may commence a civil action on

is labown4ehalf14 "M agWnst any person (including the

13 Uniled ftates and any other governmental in16 strumentality or agency, to the extent permit17 ted by the eleventh amendment to the Constitu .

18 tion) who19 "(A) is alleged to be in violation of

20 any requirement which has become effec21 tive pursuant to this Act or

22 "(D) has contributed or who is can.

23 tributing to the actual or threatened re24 lease of any hazardous substance from a

25 facility if such release may present an im-
p. 4

3007

1 -a 4

1 minent and substantial endangerment to

2 health or the environmen47 o r

3 "(2) against4 "(A) the Administrator where there is

3 alleged a failure of the Administrator to

6 perform any act or duty under this Act

7 which is not discretionary with the Admin8 istrator, or

9 "(B) any other departmen4 agency, or

10 instrumentality of the United States where

11 there is alleged failure of such departmen4

12 agency, or instrumentality toperform any

13 act or duty under section 119 of this Act

14 (relating to Federal facilities) which is not

15 discretionary with such departmen4

16 agency, or instrumentality.

17 'I(b) VENUE.-

"M Acnoivs UNDER SUBSECTION wa).-

19 Any action under subsection (a)(IXA) shall be

20 brought in the district court for the district in

21 which the alleged violation occurred. Any

22 action under subsection (a)(1)(B) shall be

23 brought in the district court in which the re24 lease occurred
p. 5

3008

173

1 "(2) Amavs UNDER SUBSECTION (a)(2).-

2 Any action brought under paragraph (2) of

:3 subsection (a) may be brought in the United

4 States District Court for the District of

3 Columbia.

6 "(c) RELIEF.-The district court shall have ju7 risdiction in actions brought under subsection

S (a)(1)(A) to enforce the requirement concerned and

9 to impose any civilpenalty provided for violation of

10 that requirement The district court shall havejuris.

i i diction in actions brought under subsection

12 (a)(1)(B) to immediately restrain any person con13 tributing to the endangerment referred to in subsec .

14 tion (a)(1)(B), to order such person to take response

13 action as provided for under this Ac4 or both . The

16 district court shall have jurisdiction in actions

1 -4 brought under subsection (a)(2) to order the Admin18 istrator or other departmen:4 agency, or instrumen19 tality toperform the act or duty concerned.

20 11(d) SUBSEC77ON (A)(1) AMON&-

21 "(1) NoTiCE.-No action may be com22 menced under subsection (a)M of this section

23 prior to 60 days after the plaintiff has given

24 notice of the violation or disposal25 "(A) to the Administrator,
p. 6

3009

176

1 "(B) to the State in which the alleged

2 violation or release occurs, and

3 "(C) to any alleged violator orperson

4 who contributed or is contributing to the

3 release6 Notice under this paragraph shall be given in

such manner as the Administrator shall pre.

scribe by regulation.

9 "(2) Amom uNDER PARAGRAPm a).-No

10 action may be commenced under subsection

11 (a)(1) if the Administrator—

12 "(A) has commenced and is dili.

13 gently14 "(i) pursuing an administrative

15 order or civil action to enforce the re16 quirement concerned or to impose a

17 civil penalty under this Act with reis spect to the violation of such require19 men4

20 "(ii) pursuing an administrative

21 order or civil action to restrain or

22 abate acts or conditions which may

23 have contributed or are contributing to

24 the activities which may present the

25 alleged endangermen4 or
p. 7

3010

177

1 "Nii) prosecuting an action in

2 order under section 106 of this Act, or

3 under section 7003 of the Solid If"aste

4 Disposal Ac4 with respect to such vio5 lation or endangermenA7

6 "(B) is actually engaging in a removal

action under section 104 with respect to

8 such violation or endangermen47

9 "(0 is diligently proceeding with a re10 medial investigation and -feasibility study

11 under section 104(b) or has completed a re12 medial investigation and feasibility study

13 and is diligently proceeding with a re14 sponse action with respect to such viola15 tion or endangermen47 o r

16 "(D) has obtained a court order (in1-4 cluding a consent decree) under section 106

is of this Act or under section 7003 of the

19 Solid Waste Disposal Act under which any

20 responsible parIM6--

21 "(1) is diligently conducting a re22 moval actior;

23 "(ii) is diligently proceeding with

24 a remedial investigation and feasibil25 ity study, or
p. 8

301 1

t7s

I "(W) has completed a remedial in2 vestigation and feasibility study and is

3 diligently proceeding with a response

4 action,

5 with respect to such violation or endanger6 menL

In the case of an administrative order referred

8 to in subparagraph (A), actions under subsec9 tion (a)(1)(B) are prohibited only as to the

10 scope and duration of such administrative

11 order.

12 "(3) ACTIONS UNDER PARAGRAPH (1)(B),

13 STATE ACTIVITY.-No action may be com14 menced by any person other than the State

15 under subsection (a)(1)(B) if, in order to re16 strain or abate acts or conditions which may

17 have contributed or are contributing to the acis tivities which may present the alleged endan19 germen4 the State20 "(Al has commenced and is diligently

21 prosecuting an action under subsection

22 (a)(1)(B) with respect to such endanger23 ment
P. 9

:301 2

1-19

1 "(B) is actually engaging in a removal

2 action under section 104 with respect to

:1 such endangerment~ o r

"(0 has incurred costs to initiate a

5 Remedial Investigation and Feasibility

6 Study under section 104(b) of this Act an d

is diligently proceeding with a remedial

action under this Ac t

"(4) STANDING.-For purposes of this sec10 tion, only a person who has an interest which

11 is or may be adversely affected may bring an

12 action under subsection (a)(1)(B).

13 "(e) SUBSECTION (a)(2) ACTIONS.-No action

14 may be commenced under paragraph (2) of subsec13 tion (a) prior to 60 days after the plaintiff has given

16 notice to the Administrator or other departmen4

1 7, agency, or instrumentality that he will commence

18 such action. Notice under this subsection shall be

19 given in such manner as the Administrator shall

20 prescribe by regulation.

21 "M COSTS.-The cour4 in issuing any final

22 order in any action brought pursuant to this sectioi4

23 may award costs of litigation (including reasonable

24 attorney and expert witness fees) to the prevailing

25 or the substantially prevailing party whenever the
P. 10

301 3

1~0

t court determines such an award is appropriate . The

2 court may, if a temporary restraining order or pre3 liminary injunction is-sough4 require the filing of a

4 bond or equivalent security in accordance with the

.5 Federal Rules of Civil Procedure,

6 11(g) OTHER RIGHTS.-Nothing in this Act shall

restrict or expand any right which any person (or

S class of persons) may have under any Federal or

9 State statute or common law to seek enforcement of

10 any standard or requirement relating to hazardous

11 substances, or pollutants or contaminants, or to

12 seek any other relief (including relief aga'nst the

13 Administrator-vr a State agency).

14 "(h) INTERVENTION. -M In any action under

15 this section the United States, if not a party, may

16 intervene as a matter of right

I -, "(2) In any action under this section, any

18 person-may-intervene as a matter of right when such

19 person claina an interest. relating to the subject of

20 the action and is so situated that the disposition of

21 the -action may, as a practical matter, impair or

22 impede the person's ability to protect that interes4

23 uniess Me Administrator or the State shows that the

24 person's interest is adequately represented by exist25 in# parties in the action.

Qn - 1*7
P.

301 4

181

1 "(i) nDERALLY PERMIMD RELEAsE.-It

2 shall be a defense in an action under subsection

3 (a)(1)(B) if the defendant establishes that the re4 lease referred to in such subsection (a)(1)(B) was a

5 federally permitted release as defined in section

6 101(10) (except that for purposes of this section, the

7 phrase 'permit application' in subparagraph (C)

8 shall not apply).

9 'I(j) DEFiNmoNs.-As used in this section10 "(1) IN GENERAI--The terms used in this

11 section shall have the same meaning as when

12 used in title 1, except as specirically provided

13 in this subsection.

14 (2) RELLPAsE.-The term 'release' means

15 the discharge, deposi4 i4jectiog, dumping, spill .

16 ing, leaking, treating, storing, or placing of any

17 hazardous substance into or on any land or

18 water, except that such term shall not include

19 any activity referred to in subparagraph (A),

20 (B), (C) or (D) of section 101(22).

21 "(k) PESTiciDEs-No action may be brought

22 under this section with respect to any release or

23 threatened release resulting from the application of

24 a pesticide product registered under, or whose appli25 cation is otherwise authorized under, t1te Federal In .

L
p. 12

3015

182

I secticide, Fungicide, and Rodenticide Act- Nothing

2 in this subsection shall affect aa-modity in any way

3 the obligations or liability of any person under any

4 other provision of State or Federal law, including

5 common law, (1) for damages, ijVury, or loss result6 ing from a rekase of any hazardous substance or (2)

7 for rmaval or remedial action or (3) for the costs of

8 removal or remedial action for such hazardous sub9 stance. "

10 srw, :" (SEC. 207 .1 INDIAN TRIBES

11 (a) IN GENERAL.-Title I of CERCLA is amended by

12 adding the following new section at the end thereof:

13 "SEC. 127. LVDIA,V TRIBES

14 "(d) DEPiNiTioN.-As used in this Act, the term

15 'Indian tribe'meam any Indian tribe, band, nation, or other

16 oryanized group or community, including any Alaska Native

17 village, which is recognized as eligible for tke special pro18 grams and services provided by the United States to Indians

19 because of their status as Indians. The term does not include

20 any Alaska Native regional or village corporation.

21 "(b) FUTURE MAINTENANCE AND COST-SHARING

22 REQuiREmENrs.-The requirements of section 104(c)(3) of

23 this Act for assurances regarding future maintenance and

24 cost-sharing shall not apply to remedial action to be taken an

25 any of the following:
p. 13

301 6

1 S-4 3

1 "(1) Land or water held by an Indian 171'be.

2 "(2) Land or water held by the United States in

3 trust for Indians.

4 "(3) Land or water held by a member of an

5 Indian tribe (if such land or water is subject to a trust

6 restriction on alienation).

7 "(4) Land or water otherwise within the borders

8 of an Indian reservalian.

9 In the case of remedial action to be taken an any such land

10 or water, the Secretary of the Interior shall provide the as11 surance required by section 104(c)(3) regarding the avail12 ability of a hazardous waste disposal facility.

13 "(c) CoNrRAcTs oR CooPERArzvE AGRLrEmENTs .-

14 "(1) AUTHORIrY.-If the Administrator deter15 mines that an Indian tribe has the capability to carry

16 out any or all of the actions authorized in this section,

17 the Administrator may, in his discretion, enter into a

is contract or cooperative agreenzent with such an Indian

19 tribe to take such actions in accordance with criteria

20 and priorities ewablished pursuant to section 105(a)(8)

21 and to be reimbursed for the reasonable response costs

22 thereof from the Fund.

23 "(2) EvFoRczmzvr.-If the President enters

24 into a contract or cooperative agreement pursuant to

25 this subsection, and the Indian tribe thereof fails to
p. 14

301 7

184

1 comply with any requirements of the contract. the Ad2 ministrator may, after providing 60 days notice, seek

3 1. n the appropriate Federal dzitrict court to eniorce the

4 contract or to recover any funds advanced or any costs

3 incurred because of the breach of the contract by the

6 Indian tribe .

7 "(d) NATURAL RESOCRCEs LIABILITY.-

S "(1) LIABILITY TO TRIBE. -Liability under sec9 lion 107(a)(4)(C) shall be to the Indian tribe in the

10 case of an injury to, destruction of, or loss of natural

11 resources belonging to, managed by, coatrolled by. or

12 appertaining to the tribe, or held in trust for the benefit

13 of such tribe, or belonging to a member of such tribe if

14 such resources are subject to a trust restriction an

15 alienation.

16 "(2) ExEmpnoNs .-.Vo liability to an Indian

17 tribe shall be imposed under section 107(a)(4)(C).

is where the party sought to be charged has demonstrated

19 each of the following20 "(A) 77ke damages to natural resources com21 piained of were specifically identified as an irre22 versible and irretrievable commitment of natural

23 resources in an environmental impact statement

24 or other comparable environment analysis.
p. 15

3018

183

1 -(B) A decision to grant a permit or license

2 authorizes such commitment of natural resources,

3 and the facility or pro)'ect was otherwise operating

4 within the terms of its permit or license. In the

3 case of damages occurring pursuant to a Federal

6 permit or license this subparagraph applies only

so long as the issuance of that permit or license

8 was not inconsistent with the fiduciary duty of

9 the United States with respect to such Indian

1 0

11 "(3) RrcovERY.-The Secretary of the Interior,

12 or the authorized representative of any Indian tribe,

13 shall act on behalf of the public as trustee of such nat14 ural resources to recover for such damages. Sums re15 covered shall be available for use to restore, rehabili16 tate, or acquire the equivalent of such natural resources

17 by the appropriate agencies of the Indian tribe, but the

is measure of such damages shall not be limited by the

19 3ums which can be used to restore or replace such re20 sources . There shall be no recovery under the authority

21 of section 107(a)(4)(C) where such damages and the

22 release of a hazardous substance from which such dam23 ages resulted have occurred wholly before the enactment

24 of this Act-
p. 16

3019

186

1 -(e) DELEGATION.-The Administrator is authorized

2 to delegate authority to obligate money in the Fund or to

3 settle claims to officials of an Indian tribe operating under a

4 contract or cooperative agreement with the Federal Govern3 ment pursuant to section 104(d).

6 "(f) APPLICATION OF OTHER PROVISIOVS.-The govi erning body of an Indian tribe shall be afforded substantially

8 the same treatment as a State with respect to the p7vTisz'ony

9 of section 103(a) (regarding notlAcation of releases), section

10 104(c)(2) (regarding consultation on remedial actions), sec11 tion 104(e) (regarding ecoess to Informatian), 3ectian 116

12 (regarding health asseesments and protection) and section

13 105 (regarding wies and rejpmuibilitie3 under the national

14 contingency plan and submittal of priorities for remedial

15 action, but not including the prot?ijion regarding the inclu16 31an of at least ane facility per State on the national prioriiy

17 list). ".

is (h) CONFORMINo AMENDMENrs.-(l) Section

19 101(a)(16) of CERCLA is amended by striking "or" the

20 last time it -appears and by inserting before the semicolon at

21 the end thereof the following: ", any Indian tribe, or, if such

22 resources are subject to a trust restriction on alienation, any

23 member of an Indian tribe ".

24 (2) Section 107 of CERCLA ij amended as follows:
p. 17

3020

187

1 (A) In subsection (a), insert "or an Indian t77be"

2 after "State ".

3 (B) In subsection (1), insert "or Indian tribe"

4 ,liter "State " the first time it appears .

3 (0 In subsection j), insert "or Indian tribe"

6 after "State " the first time it appears .

T1 65/6 "& (SEC. 208.1 COMMENCEMENT OF DRILLING FLI'IDS.

8 ETC. STUD Y,

9 The Administrator of the Environmental Protection

10 Agency shall commence the study required under section

11 8002(m) of the Solid Waste Disposal Act not later than 6

12 months after the date of the enactment of th U* Act.

13 SoV. 244 (SEC . 209.1 INSURABILITY STUD V.

14 Section 301 of CERCLA is amended by adding at the

15 end thereof the following new subsection:

16 "(g) INSURABILITY STUDY.-

17 "(1) STUDY GROUP.-The Administrator shall

is appoint a study group to carry out a study under this

19 subsection . The study group shall be comprised of the

20 following:

21 "(A) 2 representatives of the Administrator.

22 "(B) 4 representatives of persons described

23 in paragraph (2).

24 "(C) 2 representatives of groups or organiza25 tion8 comprised generally of persons adversely af-
p. 18

302 1

1~8

fecipti by releases or threatened releases of ha :ard2 ous Substances .

:3 "(D) 3 representatives of property and ,asu4 (lily insurers .

5 "(E) I repre8entative of reinsurers .

6 .4 representative of the Administrator 3hall be the

chairperson of the study group. One reporter shall be

8 elected from among the members of the study group.

9 "(2) STUDY.-The study group shall undertake a

10 study to determine the insurability of the liability of

the following:

12 "(.4) Persons who generate hazardous sub13 stances: liability for costs under this Act .

14 "(B) Persons who own or operate facilities:

13 liability for costs under this Act.

16 "(0 Persons liable for harm to persons or

1 -, property caused by the release of hazardous subis stances into the environment.

19 "(3) ITEM EVALUATED.-As part of their study

20 in accordance with this section, the study group shall

21 evaluate, among other matters, the following22 "(A) Current economic conditions in, and

23 the future outlook for, the -commercial market for

24 insurance and reinsurance.
P. 19

3022

189

1 "(B) Current trends in-- statutory and

2 common law remedies.

3

"(0 The impact of possible changes in tra4 ditional standards of liability, proof, etn:dence,

5 and damages an existing statutory and common

6 law remedies.

"(D) 77te effect of the standard of liability

8 and extent of persons upon whom it is imposed

9 under this Act on the underwriting and pricing of

10 insurance coveroge.

11 "(E) Current trends in judicial interpreta12 tion and construction of applicable insurance

13 contracts.

14 "(F) The frequency and ieverity of a repre15 sentative sample of claims closed during the calen16 dar year preceding enactment of this subsection.

17 "(G) Other impediments to insurability.

is "(4) SuBmisszom-The report shall be submit19 ted to the Congress with appropriate recommendations,

20 within 18 months after the enactment of the Superfund

21 Amendments of 1985. "

22 &&a a" (SEC. 210.) POLLUTION LIABILITY INSURANCE

23 CERCLA is amended by adding the following new title

24 at the end thereof
p. 20

3023

19 0

1 "TITLE ff-POLLUTION INSURANCE

2 "SEC 401 . DEFINITIONS.

3 "As used in this title4 "111 LVSURANCE.-The term 'Insurance' means

3 primary insurance, excess insurance, rei

.

nsurance, sur6 plus lines insurance, and any-other arrangement for

9 shifting and div7ibuting risk which is determined to be

8 insurance under apphcable State or Federal law .

9 "(2) POLLUTION LIABILITY.-The term 'pollu10 tion liability' means liability for injuries arising from

11 the -release of hazardous substances or pollutants or

12 contaminants.

13 "(3) RISK RETENTION GROUP.-The term 'risk

14 retention group' means any corporation or other limited

15 liability association taxable as a corporation, or as an

16 insurance company, formed under the laws of any

17 Stateis "(A) whose primary activity consists of as19 suming and spreading all, or any portion, of the

20 pollution liability of its group members ;

21 "(B) which is organized for the primary pur22 pose of conducting the activity described under

23 subparagraph (A) ;

24 "(0 which is chartered or licensed as an

)5 insurance compa: ny and authorized to engage In

N
p. 21

3024

191

1 the business of insurance under the laws of any

2 State; and

3 "(D) which does not exclude any person

4 from membership in the group solely to provide

5 for members of juch a group a competitive advan6 tage over such a person .

7 "(4) PURCHASIVG GROUP.-The term 'purchas8 1. ng group' means any group of persons which has as

9 one of its purposes the purchase of pollution liability

10 insurance on a group basis .

11 "(5) STArE.-The term 'State' means any State

12 of the United States or the District of Columbia.

13 ,sEc. 4o:. sTA rE LA ws.

14 "Nothing in this title shall be construed to affect either

15 the tort law or the law governing the interpretation of insur16 ance contracts of any State. The definitiom of pollution li17 ability and pollution liability insurance under any State law

IS shall not be applied for the purposes of this title, including

19 recognition or qualification of risk retention groups or

20 purchasing groups.

21 "SEC. 4a RISK RETENTION GROUPS.

22 "(d) ExEmpTioN. -Except as provided in this section,

23 a risk retention group shall be exempt from any State law,

24 rule, or order described in paragraph (1) through (4)-

rA
p. 22

3025

192

1 ''(1) A law. rule, or order which makes unlawful .

2 or regulates . directly or indirectly, the operation of a

3 ri. 3k retention group .

4 A law. rule, or order which requir,- .~ jr PerD mi.

t3 a n'sk retention group to participate in any insurance insolvency guaranty association to which an

:nsurer hcensed 'n the State is required to belong.

"(3) A law, rule. or order wh'ch requires I any

9 1. n3urance policy issued to a risk retention group or

10 any member of the group to be counter3igned by an in11 surance agent or broker residing in that State.

12 "(4) A law, rule, or order which otherwise

13 discriminates against a risk retention group or any of

14 its members.

13 "(b) ExcEPTioNs.-

16 "(1) STATE LAWS GENERALLY APPLICABLE.-

114 Voihing in subsection (a) shall be construed to affect

is the applicability of State laws generally applicable to

19 persons or corporations . 77te State in which a risk re20 teniion group is chartered may regulate the fomation

21 and operation of the group.

22 "(2) STATE REGULATIONS NOT SUBJECT TO EX23 EmpvoN.-Subsection (a) shall not apply to any

24 Swe law which requires a risk retention group to do

25 any of the following-
p. 23

3026

193

1 "(A) Comply with the unfair claim 3ettle2 ment practices law of the State .

3 "(B) Pay, on a nondiscriminatory basis, ap4 plicable premium and other taxes which are levied

3 on admitted insurers and surplus line insurers,

6 brokers, or policyholders under the laws of the

Stale.

8 "(C) Participate, on a nondiscriminatory

9 basis, in any mechanism established or authorized

10 under the law of the State for the equitable apporI I tionment amang insurers of pollution liability in12 surance losses and expenses incurred on policies

13 written through swh mechanism .

14 "(D) Submit to the appropriate authority re15 ports and other information required of licensed

16 insurers under the laws of a State relating solely

17 to pollution liability insurance losses and ex18 penses .

19 "(E) Register with and designate the State

20 insurance commissioner as its agent solely for the

21 purpose of receiving service of legal documents or

22 process. Furnish, upon request, such commission23 er a copy of any financial report submitted by the

24 risk retention group to the commissioner of the

25 chartering or licensing jurisdiction.
3027 p

. 24

194

1 "(F) Submit to an examination by the State

2 1. nsurance commi.3si.oner i

. n any State in which

3 the group is doing business to determine the

4 groups financial condition, if3

-(i) the commissioner has reason to be6 lieve the risk retention group is in a finan7 cially impaired condition, and

8 11(ii) the commissioner of the jurisdic9 tion in which the group is chartered has not

10 begun or ha*-refused to initiate an examina11 tion of the group.

12 "(G) Comply with a lawful order issued in

13 a delinquency proceeding commenced by the State

14 insurance commissioner if the commissioner of the

15 J

. urisdiction in which the group is chartered has

16 failed to initate such a proceeding after notice of a

17 finding of financial impairment under subpara18 graph (F).

19 "(c) APPLICATION OF EXEMPTIONS .-The exemptions

20 specified in subsectian (a) apply to21 "(1) pollution liability insurance coverage pro22 vided by a risk retention group for23 "(A) such group; or

24 "(B) any person who is a member of such

25 group;
p. 25

3028

195

1 "(2) the sale of pollution liability msurance

2 coverage for a risk retention group; and

3 "(3) the provision of insurance related services or

4 management services for a risk retenti. on group or any

5 member of such a group.

6 "(c) AGENTS OR BROKERS.-A State may require that

7 a person acting, or offering to act, as an agent or broker for a

8 risk retention group obtain a license from that State, except

9 that a State may not impose any qualification or requirement

10 which discriminates against a nonresident agent or broker.

11 "SEC 404. PURCHASM GROUPS

12 "(a) ExEMPTION. -Except as provided in this section,

13 a purchasing group is exempt from any State late, rule, or

14 order described in paragraphs (1) through (8)-

13 "(1) A State law, rule, or order which prohibits

16 the establishment of a purchasing group.

IT "(2) A State law, rule, or order which makes it

18 unlawful for an insurer to provide or offer to provide

19 1. nsurance on a basis providing, to a purchasing group

20 or its member, advantages, based on their loss and ex21 pense experience, not afforded to other persons with re22 3pect to rates, policy forms, coverages, or other matters.

23 "(3) A State law, rule, or order which prohibits a

24 purchasing group or its members from purchasing in-
p. 26

3029

196

1 surance on the group basis described in paragraph (2)

2 of this subsection.

3 "(4) A State law, rule, or order which prohibits a

4 purchasing group from obtaining insurance on a group

5 basis because the group has not been in existence for a

6 minimum period of time or because any member has

7 not belonged to the group for a minimum period of

8 time.

9 "(5) A State law, rule, or order which requires

10 that a purchasing group must have a minimum

11 number of members, common ownership or affiliation,

12 or a certain legal form.

13 "(6) A State law, rule, or order which requires

14 that a certain percentage of a purchasing group must

13 obtain insurance on a group basis .

16 "(7) A State law, rule, or order which requires

17 that any insurance policy issued to a purchasing group

18 ;r any members of the group be countersigned by an

19 insurance agent or broker residing in that State.

20 "(8) A State law, rule, or order which otherwise

21 discriminate against a purchasing group or any of its

members .

23 "(b) APPLICATION OF EXEMPTIONS.-The exemptions

24 specified in subsection (a) apply to the following-

'\X
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1 "(1) Pollution liability insurance, and compre2 henstre yerieral liubility insurance which inchides this

:3 coverage, provided to4 "(A) apurchasing group; or

3 "(B) any person who 13 a member of a

6 purchasing group.

7 "(2) The sale of any one of the following to a

8 purchasing group or a member of the group9 -(.4) Pollution liability insurance, and

10 comprehen3lve-leneral liability coverage.

11 "(B) Insurance related services.

12 "(0 Management services .

13 "(0 AGE.vrs OR BROKERS .-A State may require that

14 a person acting, or offering to act, as an agent or broker for a

15 purchasing group obtain a license- Yrom-that State, except

16 that a State may not impose any-qualification or requirement

1 7 which discriminates against a nonresident agent or broker.

18 "SEC M. A PPLICA BILITY OF SECURMES LA WI

19 "(d) OwvERsHip IN-rLrRESTS.-The ownership inter20 est3 of members of a risk retention group shall be considered

21 to be22 "(1) exempted securities for purposes of section 5

23 of the Securities Act of 1933 and for purposes of see24 tion 12 of the Securities Exchange Act of 1934; and
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1 "(2) tecurthes for purposes of the prol,,isions of

2 section 17 of the Securities Act of 1933 and the protn3 sions of section 10 of the Securt.

ties Exchange Act of

4 1934.

3 "(b) I.VVESTMENT CompAsy AcT.-A risk retention

6 group shall not be considered to be an investment company

4 for purposes of the Investment Company Act of 1940 (15

8 U. S. C. 80a-1 et seq .).

9 10 BLUE SKY LAw.-The ownership interests of

10 members in a risk retention group thall not be considered

11 securities for purposes of any Stale blue sky law .

12 &Er- J" (SEC. 211 .) RELEASES ASSOCIATED WITH BRINE DIS.

13 POSAL.

14 Title I of CERCLA i amended by adding the follow15 ing new section at the end thereof:

16 "SEC. 126. RELEASES ASSOCIATED WITH BRINE DISPOSAL.

17 "(d) REviEw.-The Administrator shall conduct a

18 review of State progranis to protect public health and the en19 vironment in States in which annular injection of brines as20 sociaied with oil and gas production is permitted, The review

21 shall only be conducted in the case of States in which there

22 are more than 2500 active wells at which annular injection

23 is used as of the date of enactment of this section.

24 "(b) EwoRcEmEsn-
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"(1) DETERMINATION.-If the Administrator de2 termines, on the ba8i3 of the review conducted under

3 subsection (a), that any State subject to such review is

4 not adequately enjorcing a State program to assure

5 that public health or the environment will not be en6 dangered by releaset into the environment assocz.ated

I with the annular injection or surface disposal of such

8 bm'nes, the Administrator shall after notice to the State

9 take or order such enforcement or corrective action in

10 such State as may be necessary to assure protection of

11 public health or the environment from endangerment by

12 releases into the environment associated with such

13 injection or other disposal practices.

14 "(2) CIVIL ACTION.-ne Administrator may

13 bring a civil action under this paragraph in the app-o16 priate United States district court to require compli17 ance with any enforcement or corrective action taken or

18 ordered under paragraph (1) in any State referred to

19 in subsection (a). The court may enter such judgment

20 as protection of the public health or the environment

21 may require, including the imposition of a civil penal22 ty not to exceed $5,000 for each day of violation of

23 any enforcement or corrective action taken or ordered

24 by the Administralm
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200

1 "(c) -DEADLI .IWES .-The j*vlew required under subsec2 tion (a) shall be completed, and any enforcement or corrective

3 action taken or ordered under iubsection (b) commenced, no

A later than 18 months after the dale of enactment of this

5 section.

6 "(d) DEFINITION.-For purposes of this section, the

term 'annular injection' means the reinjection of brines

8 associated with the production of oil or gas between the pro9 duction and surface casings of a conventional oil or gas pro10 ducing well. "

1 1 TITLE III-COMMUNITY RIGHT TO KNO W AND

12 EMERGENCY PLANNING

13 SCBTITLE A-COMMUNITY RIGMT-TO-Ksow

14 SEC 301. BASICNOTIFICA TION REQUIREMENTS.

13 (a) MATERIAL SAFETY DATA SHEETS.-

16 (1) BASIC REQUIREMENT. -Each owner or oper17 ator of a facility at which a hazardous chemical (as deis fined in section 324) is produced, used, or stored shall

19 file a material safety data sheet for such hazardous

20 chemical with the State and local officiala designated

21 under section 302. Whenever a material safety data

22 sheet is revised (as required under regulations under

23 the Occupational Safety and Health Act of 1970) each

24 such facility owner or operator shaU file, as promptly

25 as practicable but not later than 3 months after such
p. 31

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1 rrvision, the revised material 3afety data 9heet with

2 such State and local officials .

3 (2) CONTENTS OF SHEET.-Each material safety

A data sheet required to be filed under. this subsection

5 &"1 contain the iame items of information as are re6 quired for material safety data sheets developed under

7 regulations under the Occupational Safety and Health

8 Act (presently codified at 29 C.FR. 1910.1200(g)).

9 (b) EFFECTIVE DATE.-The requirements of this

10 section shall take effect on July 1, 1986.

1 1 -SEC 302. PUBLIC A VAILABILITY OF WA TERIAL SAFETY DA TA

12 SHEETS.

13 (a) DESIGNATION OF OFFICIALS. -Before May 1,

14 1986, the Governor of each State shall designate appropriate

15 State and local (or regional) agencies within such State as

16 required recipients of information under this subtitle for fa17 cility owners and operators located within that State or, in

18 the case of a local or regional agency, facility owners and

19 operators located within the political subdivision or combina20 tion of political subdivisions concerned. Designations under

21 this subsection may be reri3ed as may be appropriate.

22 (b) AVAILABILITY TO PUBLIC.-Each agency desig23 nated under subsection (a) which has received any material

24 safety data sheet shall makesuchsheet available to interested

25 members of the public.
p. 32

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202

1 SEC 303. AV41LABILITY OF sf.ATERIAL SAFETY DATA SHEETS

2 TO OTHER 0 KNERS AND OPERATORS.

3 (a) BAsic REQ UIREMENT . -Each facility owner or

4 operator who supplies a hazardous chemical to any other fa5 Cility owner or operator shall furnish a material safety data

6 sheet to each such other facility owner or operator. Such sheet

i shall be transmitted before (or at the time of)-

8 (1) the initial shipment by such facility owner or

9 operator to the other facility owner or operator, an d

10 (2) the first shipment by such facility owner or

I I operator to the other facility owner or operator follow12 ing any revision of a material safety data sheet previ13 ously transmitted by such facility owner or operator to

14 such other facility owner or operator.

15 (b) PROVIDING OF SHEET.-Any mate?ial safety data

16 sheet required to be furnished to a facility owner or operator

I -, under thi3section in connection with a shipment may be proIS vided with the shipment or sent to the facility owner or

19 operator separately prior to the time of shipment .

20 (C) UNAVAILABILITY FROM MANUFACTURER OR IM21 PoRTER.-Except for a facility oumer or operator who is a

22 manufacturer or importer of the hazardous chemical, the re23 quirements set forth in this section and in section 301 shall

24 not apply to a facility owner or operator who has not received

25 a material safety data sheet for such hazardous chemical

26 from the person who supplied such hazardous chemical to
p. 33

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2f)3

I "ich facility owner or operator. HoicerP7- iuch ~ac?hty owner

2 or oPprator hall make roasonable efforts, and ~hall document

:3 ~llch Pl~fort.,z, to obtain a matenal snipty data sheet by contuct4 :,).,/ IAP manufacturer or i

I mporter who ~upplied the ha :ardous

5 chemical arid requestiI ng the manufacturer or importer to send

6 tb.e 5heet.

(d) EFFECTIVE DATE.-The requirements of this section shall take effect ivith respect to shipments after May 1,

10 SEC 104. PROVISION OF LNFORMATION TO HEALTH PROFES.

11 SIONALS. DOCTORS, ANDA-URSES.

12 (a) DIAGNOSIS OR TREATMENT By HEALTH PROFES13 SIONAL.-A facility otener or operator required to file a ma14 terial safety data sheet under section 301 shall provide the

13 specific chemical identity of a hazardous chemical to any

16 health professional who requests such information in writing

I T, if the health professional provides a written statement of need

I S under this subsection and a ten'tten agreement of confiden19 tiality under subsection (d). The written statement of need

20 shall be a statement that the health professional has a

21 reasonable basis to suspect that22 (1) the information is needed for purposes of diag23 nosis or treatment of an individual ;
p. 34

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204

1

. (2) the individual or individuals being diagnosed

2 or treated have been exposed to the substance con3 cerned; and

4 (3) knowle4e of the specific chemical identity of

3 such substance will assist in diagnott's or treatment.

6 Following such a written request, the facility owner or opera7 tor to whom such request L's made shall promptly provide the

8 requested information to the health professional . The author9 ity to withhold the specific chemical identity of a substance

10 under section 323 when such information ij a trade secret

11 shall not apply to information required to be provided under

12 this iubsection, subject to the provisions of subsection (d).

13 (b) MEDICAL EMERGENCY.-A facility oumer or oper14 ator required to file a material safety data sheet under.sectian

13 301 shall prom'de a copy of the material safety data sheet,

16 including the specific chemical identity of a hazardous chem17 ical, to any treating physician or nurse who requests such

IS information if such physician or nurse determines19 (1) that a medical emergency exists,

20 (2) the specific chemical identity of the hazardous

21 chemical is necessary for emergency or first-aid diag22 nosis or treatment;

23 (3) the individual or individuals being diagnosed

24 or treated have been exposed to the substance con25 cerned; and
p. 35

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205

1 (4) knowledge oi the ~peciflc rhpmical i'dentily of

2 vich substancP will assist in diagnosis or treatment .

:3 Immediately follwrin!j oich a request. the facility ou-ner or

4 operator to tchom imch request is made ihall provide the re3 quested information to the physician or nurse. The authority

6 to withhold ehe ipecific chemical identity of a substance from

7 a material safety data sheet under .9ection 323 when such

8 Information is a trade secret shall not apply to information

9 required to be provided to a treating physician or nurse under

10 this subsection . No written confidentiality agreement or state11 meni of need shall be required as a precondition of such dis12 closure, but the facility owner or operator disclosing such in13 formation may require a written confidentiality statement in

14 accordance wiiA subsection (d) and a statement setting forth

13 the items listed in paragraphs (1) through (4) as ioon as

16 circumstances permit.

17 (c) PREVENTIVE MEASURES BY STATE AND LOCAL

18 HEALTH PROFESSIONALS .-i'l) A facility owner or opera19 tor required to file a material safety data sheet under section

20 301 shall provide the specific chemical identity of a hazard21 ous chemical to any health professional (such as a physician,

22 toxicologist, or epzdemiologist)-

23 (A) who is a State or local government employee

24 or a pemon under contract with the State or local

25 government, and
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3039

206

(B) who requests such information in terliting and

2 provides a wiitten statement of need under this suhsec3 tion and a written agreement of confidentiality under

4 iubsection (d).

5 (2) The written statement of need shall be a statement

6 that describes with reasonable detail one or more of the

7 following health needs for the Information :

8 (A) To assess the hazards of the chemicals to

9 which persons living In a State or local community

10 will be exposed.

11 (B) To conduct or assets sampling of the atmos.

12 phere to determine exposure levels of various popula13 tion groups.

14 (C) To conduct periodic medical surveillance of

15 exposed population groups.

16 (D) To provide medical treatment to exposed indi.

17 viduals or population groups.

is (E) To conduct studies to determine the health

19 effects of exposure.

20 Following such a written request, the facility owner or opera21 tor to whom such request is made shall promptly provide the

22 requested information to the State or local health profession23 al. The authority to withhold the specific chemical identity of

24 a substance under section 323 when such information is a

25 trade secret shall not apply to information required to be pro-
p. 37

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207

1 vided under this subsection. subject to the provisions of

2 subsection (d).

3 (d) CONFIDENTIALITY AGREEMENT.-Any person ob4 taining inforrnati. on under subsection (a) or (c) shall, in ac3 cordance with such subsection (a) or (c), be required to ayree

6 in a written confidentiality agreement that he will not use the

information for any purpose other than the health needs as8 serted in the statement of need, except as may otherwise be

9 authonized by the terms of the agreement or by the person

10 providing such information . The confidentiality agreement

11 under this subsection may provide for appropriate legal reme12 dies in the event of a breach of the agreement, includinc itip13 ulations of a reasonable pre-estimate of likely damages . Noth14 ing in this subsection shall preclude the parties to a confiden13 tiality agreement from pursuing non-contractual remedies to

16 the extent permitted by law.

17 SUBTITLE B-EMERGENCY RESPONSE

IS SEC. 311. EWERGEVCYRESPOVSEPLA .VV1,VG.

19 (a) SrArE CommissioNs ; LOCAL COMMITTEES .-

20 Within 90 days after the enactment of this section, the Gov21 ernor of each State shall appoint a Hazardous Substance

22 Emergency Response Commission for that State (or desig23 nale one or more existing State-sponsored or appointed emer24 gency response organizations within the State) to coordinate

25 response planning in the State for hazardous substance emerA
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1 gencle3 . Within 120 days of such appointment or de3igna2 tion, the Commission shall designate local Emergency Re3 iponse Committees to develop Emergency Response Plans for

4 their communities. Representatives of the affected community

5 shall be represented on each Emergency Response Committee

6 designated under this subsection . Upon request, the Com7 mission shall provide assistance to the local Emergency Re8 sponse Committees in developing and implementing Emer .

9 gency Response Plans.

10 (b) PREPARATION OF PLAvs.-Each local Emergency

11 Response Committee shall prepare a proposed Emergency

12 Response Plan under this section. The plan shall be devel13 oped by the Committee in consultation with those persons or

14 organizations which would be expected to play a major role

15 in the event of a hazardous substance emergency, including

16 owners and operators of facilities at which substantial invenI T tories of hazardous substances are maintained, elected offiIS cials, law enforcement and firefighting personnel, public

19 health, medical, hospital, and environmental protection per20 sonnel, civil defense personnel, transportation officials, and

21 representatives of broadcast and print media. The proposed

22 plan shall be made available to the public within 14 months

23 of Committee formation . The Committee shall provide a

24 period of 60 days for public comment. The Committee shall

25 conduct a public hearing no later thaR 25 days after the com-
p. 39

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209

1 ment period begins . A final plan shall be published by the

2 Committee before the date 20 months after formation of the

3 Committee . The finai plan shall be accompanied by the Com4 m ittee ,s response to each of the significant comments, critz3 cisms, and new data submitted in written or oral presenta .

6 tion3 during the comment period . Upon request from an

T4 Emergency Ruponse Committee, a facility owner or operator

8 shall prorlde av&istanee to the Committee in developing and

9 implemrnting Emerymcy Response Plans affecting that

10 owner or operator's facility.

I I (c) CONTENTS OF PLAN.-

12 (1) IN GENERAL .-Each emergency response

13 plan under this section shall be designed to minimize

14 injury to human health and the environment in the

15 event of a hazardous substance emergency. The plan

16 shall be integrated with existing emergency response

17 plaw at the discretion of the Emergency Response

18 Committee.

19 (2) ELEMENTS.-The plan shall contain at least

20 the elements listed below:

21 (A) The names and telephone numbers of

22 emeyency response personnel at each facility in

23 the community at which a substantial inventory

24 of a hazardous substance is maintained.
p. 40

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210

1 (B) A designation of those State or local offi2 claI3 in charge of responding to a hazardous sub3 stance emergency and those officials who are to be

4 notified under section 312 in case of a hazardous

5 substance emergency.

6 (C) A description of notification procedures

and communications systems (including alarm

8 and warning systems) to be used in the event of a

9 hazardous substance emergency .

10 (D) A description of emergency equipment

11 and facilities in the community, and at each facil12 1.

ty in the community at which a su&tzntial in13 ventory of a hazardous substance is maintained,

14 and an identification of the persons responsible

15 forsuch equipment and facilities.

16 (E) A description of the types of measures

I that may be taken to mitigate and minimize the

18 risks to human health and the environment posed

19 by various types of hazardous substance

20 emergencies.

21 (F) Emergency evacuation plans, as well as

22 an evaluation of the adequacy of existing trans23 portation facilities to accomplish an evacuation.

,/7
p. 41

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211

1 (Gr) A )f ~rtzznmg prjyr,,im .s qnd

2 dMll ichedules to be used for purposes of emer.

:3 ypncy response planniny and preparedness .

4 (H) An evaluation of medical, police, and

5 jirejighting resources available in the event of a

6 ha:ardous -substance emergency and recommenda .

t Ions, 1'f approp 'ate, M concernin what additional 9

A resources should be designated by State or local

9 governments for responding to such emergency .

10 SEC. J12. EMERGENCYLVFORMATION .

I I (a) IMMEDIATE NoTicE .-The facility owner or opera12 tor of a facility at which a hazardous subgtance emergency

13 occurs shall immediately provide notice of the occurrence of

14 the emergency to the State and local officials who have been

13 designated to receive such notification in the Emergency

16 Response Plan for the community in which the facility 13

17 located. Such notive shall include as much of the information

IS referred to in subsection (c) as is known to the owner or oper19 ator at.the time notice under this subsection is provided.

20 ro) EmERGENCY BULLETIN.-As soon as practicable

21 after a hazardow substance emergency, the facility owner or

22 operator -of the facility at which the hazardous substance

23 emergency occurred shall furnish an emergency bulletin

24 under this section to the State and local officials who have

25 been designated to receive such bulletins in the Emergency

ij)_1\\
p. 42

r

3045

212

1 Response Plan for the community In which the facility i s

2 located. Such officials shall make the emergency bulletin

:3 available to interested members of the public.

4 (c) CONTENTS oF EMERGENCY BULLETIN. -Each

5 emergency bulletin under this section shall include a full

6 description of the hazardous substance emergency, including,

i at a minimums (1) the chemical name or identity of the hazard9 ous substance involved in the emergency ,

10 (2) an estimate of the quantity of such substance

11 that was released into the environment during the

12 emergency,

13 (3) the time and duration of the release,

14 (4) the actions taken to respond to and contain the

13 release, an d

16 (5) any known or anticipated acute or chronic

1-4 health riski associated with the emergency and, where

18 appropriate, advice regarding medical attention neces19 3ary for exposed individuals.

20 SUBTITLE C-GENERAL PROVISIONS

21 sEc. j2i. sTA TE AND LOCAL LA W.

9-2 (a) IN GENERAL .-Except as provided in subsection

23 (b), nothing in thi3 title shall be comtrued to limit the ability

24 of any State or locality to require submission of information

25 related to hazardoui chemicals or to limit the authority of

0M M? M

75-955 0 - 90 - 18
p. 43

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213

1 any State to preempt any local law relating to the iubmission

2 of information related to hazardous chemicals .

3 (b) EFFECT O .V .IfSDS REQUIREMENTS4 (1) Any State or local law enacted after August

3 1, 1985, which requires the submission of a material

6 safety data sheet from facility owners or operators shall

7 require that the data sheet be identical in content and

8 format to the data sheet required under subsection (a)

9 of iection 301. In addition, a State or locality may re10 quire the submission of information which E'3 iupple11 mental to the information required on the data sheet,

12 through additional sheets attached to the data sheet or

13 such other means as the State or locality considers

14 appropriate.

13 (2) Any State or local law16 (A) enacted after August 1, 1985, and

17 (B) which requires a facility owner or opera .

is tor who supplies a hazardous chemical to an y

19 other facility owner or operator to furnish a mate- i

20 rial safety data sheet to such other facility oumer

21 or operator,

22 shall be identical to the requirements under section

23 303.

ON nil W
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1 SEC 321 ENFORCEMENT

2 (a) CIVIL PENALTIES.-M Any person who violates

3 any provision of this title by failing to4 (A)file or furnish a material safety data sheet as

5 required by section 301;

6 (B) provide information to a physician or nurse

7 1. n accordance with -section 304(h) ;

8 (C) furnish notice or an emergency bulletin as.

9 required by section 312; or

10 (D) furnish information withheld from a material

I I safety data sheet under section 323(a) when requested

12 by the Administrator of the Environmental Protection

13 Agency as part of a review under section 323(b);

14 shall be liable to the United States for a civil penalty in an

13 amount not to exceed $20, 000 for each such violation .

16 (2) Any manufacturer or importer who fails to comply

17 with any requirements under section 303 is liable to the

18 United States for a civil penalty in an amount not to exceed

19 $5,000 per violation.

20 (b) COLLECTION OF PENALTY.-Any civil penalty for

21 which a person is liable under this title shall be collected in

22 an action brought by the United States in the United States

23 district court for the district in which the person from whom

24 the penalty is sought resides or in which such pergan's princli25 pal place of business is located

ON M? UZ
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215

1 (C) SPECIAL ENFORCEMENT PROVISIONS FOR SEC.

2 TION 304.-Whenever any facility owner or operator re3 quired to provide information under section 304(b) to a

4 doctor or nurse who has requested such information falls or

3 refuses to provide such information in accordance with sec6 tion 304(b), iuch doctor or nurse may bring an action in the

i appropriate Untied States district court to require such facil8 ity owner or operator to provide the information. Such court

9 shall have Jurisdiction to issue such orders and take such

10 other action as may be necessary to enforce the requirements

11 of section 304(b).

12 SEC. J23. TRADE SECRETR

13 (a) AUTHORITY TO WITHHOLD INFORMATION FROM

14 MSDS.- With regard to a hazardous chemical, any facility

13 owner or operator required to file a material safety data sheet

16 under section 301 may withhold from such sheet the specific

17 chemical identity, including the chemical name and other

18 specific identification, as defined in regulations prescribed by

19 the Administrator of the Environmental Protection Agency

20 under subsection (b), if the claim that the information with21 held is a trade secret can be supported by showing that22 (1) the facility owner or operator has not disclosed

23 the information to any other person, other than an em24 ployee of such facility owner or operator or a person

25 who is bound by a confidentiality agreement,

on
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216

1 (2) the information is not required to be disclosed

2 to the public under any other Federal or State lau,,

3 and

4 (3) knowledge of the withheld information may

5 give the facility owner or operator an opportunity to

6 obtain an advantage over competitors who do not know

7 or use such information.

8 (b) TRADE SECRET REGULATIONS.-

9 (1) Lv GENERAL .-The Administrator of the En10 vironmental Protection Agency shall prescribe trade

11 secret regulations which are identical (except for provi12 sions relating to the procedure for the review of peti13 tions challenging trade secret claims, and any minor

14 conforming changes the Administrator considers appro13 priate), consistent with subsection (a), to the provisions

16 concerning trade secrets in the Occupational Safety

I -, and Health Administration Hazard Communication

18 Standard and any revisions of such trade secret provi19 31ons prescribed by the Secretary of Labor in accord20 ance with the ruling of the United States Court of Ap21 peals for the Third Circuit in United Steelworkers of

22 America, AFL-CIO-CLC v. Thorne G. Auchter.

23 (2) PETITION FOR REVIEW.-The Administrator

24 of the Environmental Protection Agency shall establish

25 a procedure for any affected citizen to petition the

L
p. 47

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217

1 Administrator to review a trade secret claim made by a

2 facility owner or operator under this section. Any ap3 propriate United States district court shall have Juris .

4 diction to review a determination by the Administra3 tion under this section.

6 (3) DMET.4BLE.-The Adminzitralor shall pres crt'be the regulations under paragraph (1) as soon as

8 practicable after the date of the enactment of this Act,

9 and shall prescribe the regulations under paragraph (2)

10 no later than 4 months after the date on which the

11 regulations under paragraph (1) become final.

12 Nothing in this section or regulations adopted pursuant to

13 this section shall authorize any person to withhold informa14 tion which is required to be provided to a health professional

13 or a doctor or nurse in accordance with section 304.

16 SEC. 324. DEFINITIONS FOR TITLE 111.

17 Aq used in this tilleis (1) Commissios.-The term "Commission

19 meanj a Hazardous Substance Emergency Response

20 Commission (or other existing organization) designated

21 by a Governor under section 311.

22 (2) HAzARDOUS CHEMICAL.-The term "hazard23 ouj chemical" means any substance which iv treated aj

24 a "hazardous chemical" pursuant to the Occupational

25 Safety and Health Administration's Hazard Commu-

*U 317 W
p. 48

305 1

2 1 S

I nication ~~Iandard (presently odified in ~?9 C.F.R.

2 iection 1 .910.1200). except that the following ~Ijb-

:3 ,~tances ihall not be treated as a "ha :ardous chpuilcal"

4 for purposes of this title:

5 (A) Any food, food additive . color additive,

6 drug, or cosmetic regulated by the Food and Drug

Administration.

8 (B) Any manufactured item which contains

9 a hazardous chemical present as a solid which

10 does not result in exposure to the hazardous

11 chemical under normal conditions of use .

12 (C) Any substance to the extent it is used for

13 personal, family, or household purposes, or is

14 present in the same form and concentration as a

13 product packaged for distribution and use by the

16 general public.

1-4 (D) Any substance to the extent I

.

I is used in

is a laboratory, hospital, or medical facility under

19 the direct supervision of a technically qualified

20 indi?"I'dual.

21 (E) Any substance to the extent it is used in

22 routine agricultural operations .

23 (3) MATERIAL SAFETY DATA SHEET.-The ter7n

24 I'material safety data sheet" means a material safety

25 data Mect developed for a hazardous chemical pursuant
p. 49

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219

1 to the ha:ard communication regulations promulgated

2 under the Occupational Safety and Health Art (pres3 ently codified at 29 C,F.R. 1910.1200).

4 (4) F-tCILITY OWNER OR OPERATOR.-The term

3 "fact.11

. ty owner or operator" means the owner or opera6 tor of a facility at which a hazardous chemical 13

7 produced, used, or stored.

S (5) PERSOS.-The term "person" means any in9 dividual, corporation, partnership, association, or other

10 entity.

11 (6) HAZARDOUS SUBSTANCE EMERGENCY.-The

12 term '*hazardous substance emergency" means a re13 lease of a hazardous substance which meets one or

14 more of the following criteri13 Q) The release is unexpected.

16 (B) ne release is not continuous and is

11, substantially in excess of the normal amounts

18 released as a result of routine manufacturing,

19 processing, or storage.

20 (C) The release is in amounts which require

21 notification of the Administrator of the Environ22 mental Protection Agency under CERCLA and

23 which constitute a substantial threat to the public

24 health and environment. The Administrator of the

on n1l FM
p. 50

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220

Environmental Protection Ayency shall promul2 gate regulations to carry out this subparagraph .

:3 (7) H.AZARDOUS SUBSTANTE.-

4 (A) IN GENERAL.-The term

substance " means a TL V ha:ardous substance, a

6 combustible liquid, a flammable gas, a flammable

liquid, a flammable solid, or a reactive substance

which may present an imminent and substantial

9 endangerment to public health.

10 (B) TERMS USED IN SUBPARAGRAPH OV.-

11 The terms "combustible liquid", "flammable gas",

12 "flammable liquid", "flammable solid". and "re13 active substance" shall have the same meaning as

14 when used in the hazard communication regula13 tIon3 under the Occupational Safety and Health

16 Act (presently codified at 29 C.FR. 1910.1200).

1 -, The term "TL V hazardous substance " means any

is substance for which a Threshold Limit Value

19 (TL V) of20 (1) 10 parts per million (ppm) or less,

21 or

22 (ii) 3 mg per cubic meter or les s

23 kas been established by the Amencan Conference

24 of Governmental Industrial Hygienists.

90 3IT W
p. 51

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221

1 (C) MIXTURES.-6) A mixture shall be

2 deemed to be a "combustible liquzd", a "flamma3 ble gas", a "flammable liquid", a "flammable

4 solid", or a "reactive substance", as appropriate,

3 It6 (1) it meets the definition of any of

7 such terms when tested aj a whole; or

8 (11) if the mixture has not been tested

9 as a whole, it is determined by the facility

10 owner or operator to be a "combustible

11 liquid", a "flammable gas", a "flammable

12 liquid", a "flammable solid", or a "reac13 tive substance" based upon an evaluation of

14 whatever scientifically valid data are

15 available.

16 (ii) A mixture shall be deemed to be a "TL V

17 hazardous substance " ifis (1) it qualifies as such a substance

19 when tested as a whole, or

20 (11) if the mixture has not been tested

21 as a whole, it contains, by weight or volume,

22 1 percent or more (0.1 percent or more in the

23 cast of a carcinogen) of such a substance.
p. 52

3055

2'212

1 SEC 325. EXEMPTION.

2 This title ihall not apply dunng the transportation, in3 cluding the storage incident to such transportation, of any

4 hazardous chemical or hazardous substance if such tran3por5 tation is regulated under the Hazardous Liquid Pipeline

6 Safety Act of 1979 or the Natural Gas Pipeline Safety Act

7 of 1968.

s TITLE ff-PROVISIONSRELATING

9 TO TAXATION

10 SEC 401 . i- YEAR EXTENSION.

ll (a) I.v GENERAL .-

12 (1) Subsectian (d) of section 4611 of the Internal

13 Revenue Code of 19.54 (relating to termination) is

14 amended as follows :

15 (A) St7ike out "$900.000,000" and substi16 tute "$4,900,000,000".

17 (B) SIM'ke out "$500,000,000" and substiis tute "$2, 700, 000, 000 ".

19 (0 Strike out "1985", "1983", and

20 "1984" and substitute "1990", "1988", and

21 "1989" respectively.

22 (2) Section 303 of the CERCLA is hereby

23 repealed.

24 (b) EFFECTIvE DATE.-77ie amendments made by this

25 section shall take effect on October 1, 1985 .
p. 53

99TIl CONGRESS

18T SESSION H.R.3852

To smend the Comprehensive Environmental Response . Compensation, and

Liabdity Act of 1980 . and for other purposes .

Di THE HOUSE OF REPRESENTATIVES

DECEMBER 4 . 1985

Mr. WRIGHT (for himself, Mr . VlCHXL, Mr. DL4GZLL, Mr . HoWA2D . Mr. BROTHILL, Mr. SmTDEz . Mr. Rom . MY. STAINGELAND, Mr . ECKA2T Of Ohio . Mr.

LENT. Sir. RODINO, Mr. FisH, and Mr. GLICKMAN) introduced the following

bill; which was referred joinly to the Committees on Energy and Commerce,

Public Works and Transportation . and Ways and Means

A BILL

To &mend the Comprehensive Environmental Response, Compensation, and Uability Act of 1980, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress aisemh1ed,

3 SECTION 1 . SHORT TITLE AND TABLE OF CONTENTS.

4 This Act may be cited as the "Superfand Amendmenti

5 of 1985".

TA.BLE OF CONTEM

Sm . 1. Short title and table of contents.

See. 2. CERCLA and AA-ini,trmorSee. 3. Limitation on contract anil borrowing authority .

(3567)

Cl)
p. 54

3837

271

1 Jersev, and at such other sites as the Administrator

2 considers appropriate.

3 (2) REPORTS .-The Administrator shall submit

4 interim reports not later than September 30, 1986, and

5 September 30, 1987, on the status of the demonstra6 tion program carried out under this subsection . The

7 Administrator shall submit a final report on the results

8 of such program not later than December 31, 1988.

9 (3) AUTHORIZATION . -There is authorized to be

10 appropriated for the fiscal years 1986 through 1988 a

11 total of $2,000,000 to carry out this subsection .

12 TITLE M-EMERGENCY FLANNING A_N'D

13 COMMUNITY RIGHT TO KNO W

14 SUBTITLE A-EMERGENCY PLANNING

15 SEC. 301. ESTABLISHMENT OF STATE COMMISSIONS AND

16 LOCAL COMMITTEES.

17 (a) ESTABLISHMENT OF STATE EMERGE-4cy RE18 SPONSE COMMISSIONS.-Not later than six months after the

19 date of the enactment of this title, the Governor of each State

20 sha appoint an emergency response commission. The Gov21 ernor may designate as the emergency response commission

22 one or more existing emergency response organizations that

23 are State-sponsored or appointed. The Governor shall, to the

24 extent practicable, appoint persons to the commission who

25 have technical expertise in the emergency response field . The
p. 55

3838

2 T -1

emergency response commission of a State ihail appoint local

2 emerzency reqonSe committees under subsection (b) and

3 ~hall 3uperv=ise and coordinate the acti%ities of such commit4 -ees . If the Governor of any State does not designate a State

5 commission within such period, the Administrator Shall oper6 ate as the State commission until the Governor makes suc h

designation and may make the initial designations and appointments under subsection (b).

9 fb) ESTABLISHMENT OF LOCAL EMERGE.%;cy RE10 SPONSE COMMITTEES .-

I 1 (1) N GENERAL .-Not later than six months after

12 the date of the establishment of a State commission

13 under subsection (a), the commission shall14 (A) designate political subdivisions or combi13 nations of political subdivisions as emergency re16 sponse districts for purposes of this title ; and

17 (B) appoint a local emergency response comis mittee for each emergency response district desig19 nated under subparagraph (A).

20 (2) INTERSTATE AGREE MENTS. -Pursuant to

21 interstate agreements, political subdivisions in more

22 thin one State may be included in an emergency re23 sponse district under paragraph (1)(A) and members of

24 an emergency response committee may be designated

25 under paragraph (1)(B) from each State .
p. 56

:3839

2-43

(C) COMPOSITION OF LOCAL COMMITTEES .-A local

2 emergency response committee shall include representatives

3 from each of the folloAing groups or organizations: elected

4 State and local officials ; law enforcement, civil defense, fire3 fighting, first aid, health, local enVironmental, hospital, and

6 transportation personnel ; broadcast and print media ; community groups ; and covered operators .

8 (d) OFFICERS; AD Hoc COMMITTEEs .-A local emer9 gency response committee may elect such officers and

10 spokesmen and appoint such ad hoc committees of interested

11 citizens, and request such assistance of State and local offi12 cials, as it deems necessarv to assist it in can-ving out its

13 duties .

14 (e) REvisioNs.-The emergency response commission

13 of a State may revise its designations and appointments

16 under subsection (b) with respect to any local emergency re1 7 sponse committee as it deems appropriate .

IS SEC. 302. COMPREHENSIVE EMERGENCY RESPONSE PLANS .

19 (a) PL-4--i REQUIRED.-NOt later than 24 months after

20 the date of the enactment of this title, each local emergencv

21 response committee shall complete an emergency response

22 plan designed to minimize the injury to human health and the

23 environment which could result from any hazardous sub24 stance emergency arising out of activities carried out at any

25 covered facility located in the emergency response district for
p. 57

3840

274

1 which such committee is established . The plan ;hall be inte2 grated with existing emergency response plans at the di-Qcre3 tion of the committee . A covered operator shall submit to the

4 local emergency response committee any information in addi5 tion to the information required under section 3 11 (other than

6 information which may be withheld from disclosure unde r

section 322), with respect to a covered facility that the com8 mittee may request for purposes of completing such plan . The

9 committee may revise such plan as necessary to protect

10 human health and the environment .

I I (b) PLAIN NorrsioNrs. -Each plan required under this

12 section shall include each of the following at a minimum:

13 (1) Designation of one or more State or locai offi14 cials whom the covered operator will notify in case of

15 a hazardous substance emergency .

16 (2) Designation of the names and emergency tele17 phone numbers of personnel employed by the covered

18 operator who should be contacted in case of a hazard19 ous substance emergency .

20 (3) A description of measures which should be

21 taken to mitigate and minimize the risks to human

22 health and the environment posed by a hazardous sub23 stance emergency .

24 (4) A description of a system or method and pro25 cedures and communications systems (including alarm
p. 58

3841

275

and warning svstems) to notifv members of the affected

2 public of a hazardous substance emergency .

:3 15) A description of emergency equipment and fa4 cilities in the community, and at each facility in the

3 community at which a substantial inventory of a haz6 ardous substance is maintained, and an identification of

7 the persons responsible for such equipment and facili8 ties .

9 (6) Emergency evacuation plans, as well as an

10 evaluation of the adequacy of existing transportation

I I facilities to accomplish an evacuation.

12 (7) A description of training programs and drill

13 schedules to be used for purposes of emergency re14 sponse planning and preparedness .

15 (8) An evaluation of medical, police, health, and

16 firefighting resources available in the event of a haz17 ardous substance emergency and recommendations, if

is appropriate, concerning what additional resources

19 should be developed by State or local governments .

20 (c) REVIEW BY THE GovEaNoR .-After completion of

21 a plan under subsection (a) for an emergency response dis22 trict, the local emergency response committee shall submit a

23 copy of such plan to the Governor of each State in which

24 such district is located . The Governor or Governors shall

25 review the plan and make recommendations to the committee
p. 59

3842

276

1 on re%isions of the plan that may be necessary to ensure co2 ordination of such plan "ith emergency response plans of

3 other emergency response districts .

4 (d) AssISTANCE.-Upon request of a local emergency

5 response committee, the Administrator shall provide techni6 cal assistance in developing and implementing an emergency

7 response plan.

8 SUBTITLE B-NOTIFICATio .-i REQUIREMENTS

9 SEC. 311 . BASIC NOTIFICATION REQUIREMENTS.

10 (a) SUBMISSION OF MATERIAL SAFETY DATA

11 SHEETS.-

12 (1) BASIC REQUIREMENT.-The owner or wiera13 tor of any facility at which any hazardous chemical is

14 produced, used, or stored shall submit a material safety

15 data sheet for each such chemical to the appropriate

16 local emergency response committee and such local

17 and State officials u may have been designated to re18 ceive such sheet by such committee .

19 (2) FrwiisHiNG OF SHEETS TO OTHER OWNERS

20 A,%M OPERATORS .-

21 (A) IN GzNzBAL .-Each owner or operator

22 of a facility who is required to submit a material

23 safety data sheet for a hazardous chemical under

24 paragraph (1) and who supplies such a chemical

25 to any other such owner or operator shall furnish
p. 60

3843

27 7

such sheet. and any revised sheet under para2 graph (3), to such other facility owner or opera3 tor. The initial sheet shall be furnished before, or

4 at the time of, the first shipment of such chemical

3 to such other owner or operator. Any re%ised

6 sheet shall be furnished before, or at the time of,

7 the first shipment of such chemical to such other

8 owner or operator after such sheet is revised .

9 (B) UNAVAILABILITY FROM MANUFACTUR10 ER OR IMPORTEa .-The requirements of this sub11 section shall not apply to a facility owner or oper12 ator (other than a manufacturer or importer of the

13 hazardous chemical)-

14 (i) who has not received a material

15 safety data sheet for such hazardous chemi16 cal from the person who supplied such haz17 ardous chemical to such facility owner or opis erator; and

19 (H) who has made and documented rea20 sonable efforts to obtain such material safety

21 data sheet by contacting such person and re22 questing such person to send the sheet .

23 (3) LsrITIAL SHEET AND UPDATING .-The initial

24 material safety data sheet required ander this subsec-
p. 61

3844

278

1 tion with respect to a hazardous chemical shall be pro2 ided before the later of3 (A) 12 months after the date of the enact4 ment of this title; or

5 (B) 3 months after such chemical is first pro6 duced, used, or stored at a facility.

7 Within 3 months following discovery by an owner or

8 operator of significant new information concerning an

9 aspect of a hazardous chemical which was originally

10 required to be disclosed on such sheet under this sub11 section, the sheet shall be revised.

12 (b) HAZARDOUS SUBSTANCE REPORTS.-

13 (1) BASIC REQUIREMENT .-The covered operator

14 with respect to each covered facility at which any cov15 ered hazardous substance is present in a significant

16 amount shall prepare and submit to the appropriate

17 local emergency response committee a hazardous sub18 stance report .

19 (2) CONTENTS OF REPORT .-

20 (A) IN oENzRAL.-Except as provided in

21 subparagraph (B), a hazardous substance report

22 shall contain each of the following items of infor23 mation with respect to each covered hazardous

24 substance present at the covered facility in a sig25 nificant amount :
p. 62

3845

27 9

1 (i) The type and approximate amounts

2 of the covered hazardous substance to be

3 found at the facUity.

4 U A map showing the location at the

5 facility of each such substance stored at the

6 facility.

(iii) Potential routes of human exposure

to each such substance .

9 (iv) Symptoms of such exposure .

10 (v) Appropriate emergency and first aid

11 procedures for spills, fires, explosions, and

12 other releases involving such substance.

13 (vi) Emergency telephone numbers for

14 appropriate personnel of the covered operator

15 of the facility .

16 (B) ExczpTioN wHEN MSDS UNAVALM17 ALBLE .-With respect to any covered hazardous

18 substance for which a covered operator has not

19 received a copy of the material safety data sheet

20 required to be furnished under subsection (02),

21 such operator may satisfy the requirements of this

22 subsection by including in a hazardous substance

23 report the information required by clauses (i) and

24 (ii) of subparagraph (A) and a statement that the

25 covered operator has not received such sheet .
p. 63

3846

280

(3) INITIAL REPORT ASD UPDATING .-The initial

2 report required under this subsection xith respect to a

3 covered facility shall be provided before the later of

4 either of the following:

5 (A) IS months after the date of the enact6 ment of this title.

(B) 6 months after a facility becomes a cov8 ered facility .

9 The hazardous substance report shall be revised and

10 submitted to the appropriate local emergency response

11 committee every six months . With respect to the re12 quirements contained in paragraph (2)(A)(i), any re13 vised report shall list the average amount of the sub14 stance present at the facility during the period since

13 the last report was submitted and the maximum

16 amount of the substance present at such facility at any

17 time during such period.

18 (4) LIST OF COVERED HAZARDOUS SUBSTANCES

19 _4,ND T11RESHOLD FOR REPORTING.-

20 (A) LIST OF SUBSTANCES.-Not later than

21 12 months after the date of the enactment of this

22 title, the Administrator shall publish a list of those

23 hazardous substances and hazardous chemicals

24 which the Administrator determines have ch&rLc25 teristics of volatffity, combustibility, reactivity,
p. 64

3847

281

1 dispersability, or toxicity such that the release of

2 the substance or chemical is likely to cause an im3 minent and substantial endangerment to the public

4 health or the envirorunent. The Administrator

5 mav revise such list from time to time .

6 (B) THRESHOLD FOR REPORTING.--At the

time a substance is listed under this paragraph,

the Administrator shall determine what is a signif9 icant amount of such substance for purposes of the

10 reporting requirements of this subsection .

11 (C) PETITION.-Any' person and any !ocal

12 emergency response committee may petition the

13 Administrator to designate a substance as a cov14 ered hazardous substance. Within six months after

15 receipt of such a petition, the Administrator shall

16 either designate such substance as a covered haz17 ardous substance or publish a written explanation

is of the reasons for the determination that such

19 substance is not a covered hazardous substance .

20 (5) FORMAT OF REPORTS.-

21 (A) IN ozNzRAL.-The Administrator shall

22 publish a uniform format for hazardous substance

23 reports within three months after the date of the

24 enactment of this title.

15-956 0-90-10
p. 65

3848

282

(B) USE OF MSDS FOR CERTAIN ITEMS .-

2 A covered operator may meet the requirements of

3 clauses (iv), (v), and (vi) of subparagraph (A) of

4 paragraph (2) with respect to a covered hazardous

3 substance by submitting a copy of the most recent

6 material salety data sheet for such substance .

7 (6) SUPERFUND SITEs.-The report required

8 under this subsection for any covered facility referred

9 to in section 326(i)(B) shall not be required to contain

10 any information which is not contained in the remedial

11 investigation and feasibility study for that facility or

12 which is not otherwise available to the covered opera13 tor. A report for such a facility shall not be required to

14 be revised under paragraph (3).

15 (7) OTA RZPORT.-Within four years after the

16 date of the enactment of this Act, the Congressional

17 Office of Technology Assessment shall report to Con18 gress on the need for and feasibility of requiring haz19 ardous substance reports from owners or operators of

20 facilities which have been issued permits under section

21 3005 of the Solid Waste Disposal Act .

22 (C) EXTIMMBLY Toxic SumAscz STATUS

23 SEMZTS.-

24 (1) RZQUMBMZNT.-

am
p. 66

3849

2S3

I (A) IN GEN-ERAi .-The covered operator of

2 each covered facility3 (i) at which an extremely toxic sub4 stance is present during any applicable 12-

3 month period in excess of the 12-month cu6 mulative threshold amount, an d

7 Qfrom which such substance 'is re8 leased into the environment during such

9 period,

10 shall prepare an extremely toxic substance status

11 sheet for such substance for such facility .

12 (B) ANN-LTA.L APPLICATION OF REQUIRE13 MENT.-An extremely toxic substance status

14 sheet shall be submitted to the appropriate local

13 emergency response committee not later than 3

16 months after the date the initial hazardous sub17 stance report is submitted under subsection (b)(1)

18 with respect to a facility for which such status

19 sheet is required. For each 12-month period

20 ending on the same (late each year thereafter for

21 which the requirements of subparagraph (A)

22 apply, the covered operator shall submit such a

23 status sheet within three months .

24 (2) CONTENTS OF STATUS SEMET.-An extreme25 ly toxic substance status sheet shall contain each of the
p. 67

3850

284

1 following items of information with respect to the cov2 ered facility concerned :

3 (A) The total amount of each extremely toxic

4 substance released into the environment during

3 the preceding 12-calendar month period.

6 (B) A summary of each report submitted to

I the Administrator or a State during such 12-

8 month period under section 102 of the Compre9 hensive Environmental Response, Compensation,

10 and Liability Act of 1980 regarding a release of a

11 reportable quantity of an extremely toxic sub12 stance.

13 (C) A summary of each report submitted to

14 the Administrator or a State during such 12-

15 month period under the Federal Water Pollution

16 Control Act, the Man Air Act, or the Solid

17 Waste Disposal Act of a discharge into the enviis ronment of any hazardous substance in excess of

19 the amount permitted to be discharged under a

20 permit under such Act.

21 (3) Usz OF AvAnABLE DATA.-In order to pro22 vide the information required under this subsection, the

23 covered operator may utilize readily available data (in24 cluding monitoring data) collected pursuant to other

25 provisions of law or, where such data is not readily
p. 68

385 1

283

available, reasonable estimates of the amounts in2 volved. Nothing in this subsection requires the monitor3 ing or measurement of the quantities, concentration . or

4 frequency of any extremely toxic substance released

3 into the en-6ronment beyond that monitoring and

6 measurement required under other provisions of law or

regulation .

8 (4) LIST OF EXTREMELY TOXIC SUBSTANCES

9 AND THRESHOLD FOR REPORTING.-

10 (A) LIST OF SUBSTANCES .-Not later than

11 12 months after the date of the enactment of this

12 title, the Administrator shall publish a list of sub13 stances which he deems, in his judgment and

14 based on the best information available to him, to

13 be extremely toxic substances . The list may be re16 vised periodically . For purposes of this section,

17 extremely toxic substances are those covered haz18 ardous substances which are so acutely toxic that

19 their release into the environment in any amount

20 or form may present an imminent and substantial

21 endangerment to human health.

22 (B) THRESHOLD FOR REPORTING.-At the

23 time a substance is listed Linder this subsection,

24 the Administrator shall also establish a 12-month

25 cumulative threshold amount for such substance
p. 69

3852

286

1 for purposes of the reporting requirements of this

2 subsection.

3 (5) USE OF SHEET .-The sheet required under

4 this subsection is intended to provide general informa5 tion to the Federal, State, and local governments and

6 the citizens of communities surrounding covered facilities . The sheet shall be available, consistent %ith sec8 tion 312(a), to assist governmental agencies, research9 ers, and other persons in the conduct of research and

10 data gathering, to aid in the development of appropri11 ate regulations, guidelines, and standards, and for other

12 similar purposes .

13 (6) TELEPHONE INQuutrEs.-The Administrator

14 shall establish a toll-free telephone number, operating

15 24 hours per day, that is computer accessible, to re16 spond to inquiries concerning the information contained

17 in extremely toxic substance status sheets .

18 (d) RzCORDS .-Each owner or operator under subsec19 tion (a) and each covered operator under subsection (b) or (c)

20 shall maintain records of the information filed in compliance

21 with this section for a reasonable period to be determined by

22 the Administrator. The Administrator shall take such steps

23 an may be necessary to assist such covered operators and

24 owners and opemtor3 in complying with this section and to

25 reduce unnecessary or burdensome paperwork.
p. 70

3853

287

I (e) EXEMPTIONS2 (1) MATERIAL SAFETY DATA SHEETS.-The Ad3 ministrator may exempt an owner or operator from the

4 requirements of subsection (a) with respect to3 (A) anv hazardous chemical or group of haz6 ardous chemicals;

7 (B) any facility or group of facilities ; and

8 (C) specific activities carried out by such

9 owner or operator in a specific location.

10 (2) HAZARDOUS SUBSTANCE REPORTS .-The

11 Administrator may exempt from the requirements of

12 subsection (b) reporting with respect to13 (A) &nv covered hazardous substance or

14 group of covered hazardous substances;

15 (B) any covered facility or group of covered

16 facilities; and

17 (C) specific activities carried out by any cov18 ered operator in a specific location .

19 (3) PROCEDUREs .-An exemption may be granted

20 under this subsection by the Administrator on his own

21 motion or upon petition of any person . An exemption

22 may be granted only after notice and opportunity for

23 public comment. No exemption may be granted under

24 paragraph (1XQ or (2XC) for specific activities carried

25 out by any covered operator or owner or operator until
p. 71

3854

288

notice and an opportunity for a hearing have been pro2 vided in the locality in which such activities are carried

3 out.

4 (4) STANDARD FOR EXEMPTION .-An exemption

3 may be granted under this subsection only if the Ad6 ministrator finds that the covered hazardous substanc e

or hazardous chemical, facility, or activity concerned

8 does not present a reasonable likelihood of injury to

9 human health or the environment .

10 SEC. 312 . PUBLIC AVAILABILITY OF PLANS, DATA SHEETS. RE.

11 PORTS, STATUS SHEETS. AND EMERGENCY BUL.

12 LETINS.

13 (a) AVAILABILITY TO PUBLIC .-Each emergency re14 sponse plan, material safety data sheet, hazardous substance

13 report, extremely toxic substance status sheet, and emergen16 cy bulletin shall be made available to the general public

17 during normal working hours at the location or locations desIS ignated by the appropriate local emergency response conunit19 tee. Upon request by a covered operator, the appropriate

20 local emergency response committee shall withhold from dis21 closure under this section the information required by section

22 311(bX2)(B) to be contained in a hazardous substance report.

23 (b) NoTicz OF PUBLIC AvALLABMITY . -Each local

24 emergency response committee shall annually publish a

25 notice in local newspapers that the emergency response plan,
p. 72

3855

289

1 material safety data sheets, hazardous substance reports, and

2 extremely toxic substance status sheets have been submitted

3 under this section . The notice shall state that hazardous sub4 stance emergency bulletins may subsequently be issued . Such

3 notice shall announce that members of the public who Wish to

6 review any such plan, report, sheet . or emergency bulletin

7 may do so at the location designated by the local emergency

8 response committee .

9 SEC. 313 . PROVISION OF INFORMATION TO HEALTH PROFES10 SIONALS. DOCTORS. AND NURSES.

11 (a) DUGNOSIS OR TREATMENT BY HEALTH PROFE9-

12 SIONAL .-A covered operator shall provide the specific

13 chemical identity, if known, of a covered hazardous substance

14 or a hazardous chemical to any health professional who re15 quests such information in writing if the health professional

16 provides a written statement of need under this subsection

1 T and a written agreement of confidentialitv under subsection

18 (d). The written statement of need shall be a statement that

19 the health professional has a reasonable basis to suspect

20 that21 (1) the information is needed for purposes of diag22 nosis or treatment of an individual ;

23 (2) the individual or individuals being diagnosed or

24 treated have been exposed to the substance concerned;

25 and
p. 73

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290

1 (3) knowledge of the specific chem~ical identity of

2 such substance will assist in diagnosis or treatment.

3 Following such a written request, the covered operator to

4 whom such request is made shall promptly provide the re3 quested information to the health professional . The authority

6 to withhold the specific chemical identity of a substance

7 under section 322 when such information is a trade secret

8 shall not apply to information required to be provided under

9 this subsection, subject to the provisions of subsection (d).

10 (b) MEDicAL EMERGENCY.-A covered operator shall

11 provide a copy of a material safety data sheet, a hazardous

12 substance report, or an extremely toxic substance status

13 sheet, including the specific chemical identity, if known, of a

14 covered hazardous substance or a hazardous chemical, to any

15 treating physician or nurse who requests such information if

16 such physician or nurse determines that17 (1) a medical emergency exists ;

18 (2) the specific chemical identity of the covered

19 hazardous substance or hazardous chemical is neces20 sary for or will assist in emergency or first-aid diagno21 sia or treatment; and

22 (3) the individual or individuals being diagnosed or

23 treated have been exposed to the substance or chemical

24 concernedL
WP1 p. 74

3857

29 1

1 Immediately following such a request, the owner or operator

2 to whom such request is made shall provide the requested

3 information to the physician or nurse . The authority to with4 hold the specific chemical identity of a substance from a ma5 terial safety data sheet, a hazardous substance report, or an

6 extremely toxic substance status sheet under section 322

7 when such information is a trade secret shall not apply to

8 information required to be provided to a treating physician or

9 nurse under this subsection . No wTitten confidentiality agree10 ment or statement of need shall be required as a precondition

11 of such disclosure, but the facility owner or operator disclos12 ing such information may require a written confidentiality

13 statement in accordance with subsection (d) and a statement

14 setting forth the items listed in paragraphs (1) through (3) as

15 soon as circumstances permit .

16 (C) PBEVENTrvz M.EASURES BY STATE AND LocA.L

17 HEALTH PROFESSIONALS.-

18 (1) PROVISION OP INFORMATION.-A covered op19 erator shall provide the specific chemical identity, if

20 known, of a covered hazardous substance or a hazard21 ous chemical to any health professional (such as a phy22 sician, toxicologist, or epidemiologist)-

23 (A) who is a State or local government em24 ployee or a person under contract with the State

25 or local government, and
p. 75

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292

1 (B) who requests such information in writing

2 and provides a written statement of need under

3 this subsection and a written agreement of confi4 dentiahty under subsection (d).

3 (2), WRITTEN STATEMENT OF NEED.-The writ6 ten statement of need shall be a statement that describes with reasonable detail one or more of the fol8 lowing health needs for the information :

9 (A) To assess the hazards of the substance or

10 chemical to which persons living in a State or

11 local community will be exposed .

12 (B) To conduct or assess sampling of the at13 mosphere to determine exposure levels of various

14 population groups.

15 (C) To conduct periodic medical surveillance

16 of exposed population groups.

17 (D) To provide medical treatment to exposed

18 individuals or population groups.

19 (E) To conduct studies to determine the

20 health effects of exposure .

21 Following such a written request, the owner or opera22 tor to whom such request is made shall promptly pro23 vide the requested information to the State or local

24 health professional. The authority to withhold the spe25 cific chemical identity of a substance under section 322
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1 when such irdormation is a trade secret shall not apply

2 to information required to be provided under this sub3 section, subject to the provisions of subsection (d).

4 (d) CONFIDENTLALITY AGREEMENT.-InV person ob3 taining information under subsection (a) or (c) shall, in ac6 cord&nce with such subsection (a) or (c), be required to agree

7 in a written confidentiality agreement that he will not use the

8 information for any purpose other than the health needs as9 serted in the statement of need, except as may otherwise be

10 authorized by the terms of the agreement or by the person

11 providing such information. The confidentiality agreement

12 under this subsection may provide for appropriate legal reme13 dies in the event of a breach of the agreement, including

14 stipulations of a reasonable pre-estimate of likely damages .

15 Nothing in this subsection shall preclude the parties to a con16 fidentiality agreement from pursuing non-contractual reme17 dies to the extent permitted by law.

18 SEC. 314. RAZARDOUS SUBSTANCE EMERGENCY NOTICE AND

19 BULLETIN.

20 (A) NOTIFICATION REQUIREMENT.-

21 (1) IMMDLATZ NOTICB.-ID addition to any

22 other notice required by this Act, in the cue of any

23 hazardous substance emergency at any covered facility,

24 the covered operator shall immediately notify (by tele25 phone, by radio, or in person) the appropriate local
p. 77

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1 emergency response committee and any State and local

2 officials designated by such committee to receive such

3 notice of the existence of the hazardous substqnce

4 emergency. Such notice shall include as much of the

3 information referred to in subsection (b) as is known to

6 the owner or operator at the time notice under this

7 subsection is provided so long as no delay in respond8 in to the emergency results 9 .

9 (2) EMERGENCY BULLETIN .-In the case of a

10 hazardous substance emergency at any facility, the fail cility owner or operator shafl provide an emergency

12 bulletin to such committee and officials as soon as

13 practicable .

14 (b) CONTENTS OF EMERGENCY BULLETIN .-Each

15 emergency bufletin under this section shall include a full de16 scription of the hazardous substance emergency so that ap17 propriate health and safety measures can be taken. Such no18 tification shall include, at a minimum each of the foUowing:

19 (1) The chemical name or identity of the hazard20 ous substance or substances involved in the emergency .

21 (2) The actions taken to respond to the emergen22 cy.

23 (3) The covered operator's best estimate of the

24 swpe of the emergency, including the owner or opera-
p. 78

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tor'g best estimate of the &mount and duration of the

2 release.

3 (4) Any known or anticipated acute or chronic

4 health risks associated with the emergency and, where

5 appropriate, advice regarding medical attention neces6 gary for exposed individuals .

7 (5) Recommendations for additional actions, if

8 any, that are necessary .

9 SUBTITLE C-GENERAL PBOVISIONS

10 SEC. 321 . STATE AIND LOCAL LAW.

11 (a) N GEmEBAL .-Except as provided in subsection (b),

12 nothing in this title -.;hall be construed to limit the ability of

13 any State or locality to require submission of information re14 lated to hazardous chemicals or to limit the authority of any

15 State to preempt any local law relating to the submission of

16 information related to hazardous chemicals .

17 (b) EFFECT ON MSDS REQUIREMENTS.-

18 (1) Any State or local law enacted after August

19 1, 1985, which requires the submission of a material

20 safety data sheet from facility owners or operators

21 shall require that the data sheet be identical in content

22 and format to the data sheet required ander subsection

23 (a) of section 311. In addition, a State or locality may

24 require the submission of information which is supple25 mental to the information required on the data sheet,
p. 79

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through additional sheets attached to the data sheet or

2 such other means as the State or locality considers ap3 propriate.

4 (2) Any State or local law3 (A) enacted after August 1, 1985, and

6 (B) which requires a facility owner or opera7 tor who supplies a hazardous chemical to any

8 other facility owner or operator to furnish a mate9 rial safety data sheet to such other facility owner

10 or operator,

11 shall be identical to the requirements under section

12 3 11 (a)(3).

13 SEC. 322. TRADE SECRETS.

14 (a) AUTHORITY TO WITHHOLD INFORMATION.-With

15 regard to a hazardous chemical or covered hazardous sub16 stance, any facility owner or operator required to submit or

17 furnish any information to any other person or entity under

18 this title may withhold from such submittal the specific chem19 ical identity, including the chemical name and other specific

20 identification, as defined in regulations prescribed by the Ad21 ministrator of the Environmental Protection Agency under

22 subsection (b), if the claim that the information withheld is a

23 trade secret can be supported by showing that24 (1) the facility owner or operator has not disclosed

25 the information to any other person, other than a
p. 80

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member of a local emergency response committee, an

2 officer or employee of the United States or a State or

3 local government, an employee of such facility owner

4 or operator, or a person who is bound bv a confiden5 tiality agreement,

6 (2) the information is not required to be disclosed

7 to the public under any other Federal or State law,

8 and

9 (3) knowledge of the withheld information may

10 give the facility owner or operator an opportunity to

11 obtain an advantage over competitors who do not know

12 or use such information.

13 N TRADE SECRET REGULATIONS.-

14 (1) I.N GENERA.L .-The Administrator of the Eni5 vironmental Protection Agency shall prescribe trade

16 secret regulations which are identical (except for proNi17 sions relating to the procedure for the review of peti18 tions challenging trade secret claims, and any minor

19 conforming changes the Administrator considers appro20 priate), consistent with subsection (a), to the provisions

21 concerning trade secrets in the Occupational Safety

22 and Health Administration Hazard Communication

23 Standard and anv revisions of such trade secret provi24 sions prescribed by the Secretary of Labor in accord25 ance with the final ruling of the courts of the United

L
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298

1 States in United Steelwarkers of America, AFL-CIO2 CLC v . Thorne G. Auchter.

3 (2) PETITION FOR REVIEW.-The Administrator

4 of the Environmental Protection Agency shall establish

3 a procedure for any affected citizen to petition the Ad6 ministrator to review a trade secret claim made by a

7 facility owner or operator under this section. Any ap8 propriate United States district court shall have juris9 diction to review a determination by the Administrator

10 under this section .

11 (3) TIMETABLE.-The Administrator shall pre12 scribe the regulations under paragraph (1) as soon as

13 practicable after the date of the enactment of this Act,

14 and shall prescribe the regulations under paragraph (2)

15 no later than 4 months after the date on which the

16 regulations under paragraph (1) become final .

17 (c) ExczPTION FOR IN-FORMATION PROVIDED TO

18 HEALTH PROFxssioNALs .-.1;othing in this section or regu19 lations adopted pursuant to this section shall authorize any

20 person to withhold information which is required to be pro21 vided to a health professional or a doctor or nurse in accord22 ance with section 313.

23 SEC. 323. ENFORCEMENT .

24 (a) CrvrL PENALTIEs .-Any person (other than a gov25 emmental entity)-

IL
p. 82

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1 (1) who violates any requirement of section

2 311(b), 311(c), or 314 shall be liable to the United

3 States for a civil penalty in an amount not to exceed

4 $20,000 for each such violation ; and

3 (2) who violates any requirement of section 311(a)

6 or 313(b), and any person who fails to finmish informa7 tion withheld under section 322(a) from a material

8 safetv data sheet when requested by the Administrator

9 for purposes of carrying out a review under section

10 322(b), shall be liable to the United States for a civil

11 penalty in an amount not to exceed $10,000 for each

12 such violation.

13 Each day such a violation continues shall, for purposes of this

14 paragraph, constitute a separate violation.

15 (b) COLLECTION OF PENALTT.-Any civil penalty for

16 which a person is liable under this title shall be collected in

17 an action brought by the United States in the United States

18 district court for the district in which the person from whom

19 the penalty is sought resides or in which such person's princi20 pal place of business is located.

21 (c) SpzcLA.L ENFORCEMENT PROVISIONS FOR SECTION

22 313.-Whenever any facility owner or operator required to

23 provide information under section 313(b) to a doctor or nurse

24 who has requested such information fails or rehises to provide

25 such information in accordance with section 313(b), such
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300

doctor or nurse may bring an action in the appropriate United

2 States district court to require such facility owner or operator

3 to provide the information. Such court shall have Jurisdiction

4 to issue such orders and take such other action as may be

3 necessary to enforce the requirements of section 313(b).

6 (d) STUDY OF CBIWNAL PENALTIES .-The Attomey

7 General shall study the need for, and appropriateness of,

8 criminal penalties for violations of this title . The Attomey

9 General shall submit to Congress a report on the results of

10 such study, along with reconunendations, not later than four

11 ve&rs after the date of the enactment of this Act.

12 SEC. 324 . EXEMPTION.

13 This title shall not apply to the transportation, including

14 the storage incident to such transportation, of any haz&rdous

15 chemical or covered hazardous substance.

16 SEC. 325. EMERGENCY TRAVGNG AND PILOT PROGRAM.

17 (a) EMBEGENcy TRAWLNG.-

18 (1) PROGRAMS .-OffiCialS of the United States

19 Government carrying out existing Federal programs for

20 emergency training are authorized to specificLUy pro21 vide training and education programs for Federal,

22 State, and local personnel in hazard mitiption, emer23 gency preparedness, fire prevention and control, disas24 ter response, long-term disaster recovery, national se25 curity, technological and natural hazards, and emer-
p. 84

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301

1 gency processes . Such programs shall pro%ide 5peclai

2 emphasis for such training and education with respect

3 to hazardous chemicals .

4 (2) STATE AND LOCA.L PROGRAM SUPPOIRT .-

3 There is authorized to be appropriated to the Federal

6 Emergency Management Agency for each of the fiscal

7 vears 1986, 1987, 1988, 1989, and 1990, $5,000,000

8 for making grants to support programs of State and

9 local governments, and to support university- sponsored

10 programs, which are designed to improve emergency

11 planning, preparedness, mitigation, response, and re12 covery capabilities. Such programs shall provide special

13 emphasis with respect to emergencies associated with

14 hazardous chemicals. Such grants may not exceed 80

15 percent of the cost of any such program. The remain16 ing 20 percent of such costs shall be funded from non17 Federal sources .

18 (3) OTECER PROGRA a .-Nothing in this section

19 shall affect the availability of appropriations to the

20 Federal Emergency Management Agency for any pro21 grams carried out by such agency other than the pro22 gram referred to in paragraph (2).

23 (b) PnoT PWGRAW.-

24 (1) AuTHoRiTy .-The Administrator shall carry

25 out a pilot program for testing methods for determining
p. 85

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total emissions from facilities of substances described in

2 paragraph (3). In carrying out the program, the Ad3 ministrator shall use quantitative measurements and

4 analyses to the maximum extent practicable . The Ad3 ministrator shall enter into a contract with the Nation6 al Academy of Sciences to develop guidelines for the

7 conduct of the program. The contract shall require the

8 National Academy of Sciences to report such guide9 lines to the Administrator and Congress within one

10 year after the date of the enactment of this Act .

11 Within six months after receiving the guidelines, the

12 Administrator shall initiate the program.

13 (2) SELECTION OF FACMITrEs .-The Administra14 tor shall carry out the pilot program at the ten facili15 ties owned and operated by the United States Govern16 ment which, in the Administrator's discretion, are best

17 suited for carrying out the pilot program under this

18 subsection . The facilities selected shall be similar to fa19 cilities in the private sector so that the Administrator

20 can determine the applicability of such methods in the

21 private sector.

22 (3) DzwzrpTroN or suBsTANczs .-The sub23 stances described in this paragraph are each of the fol24 lowing:
p. 86

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(A) Any substance designated as toxic or

2 hazardous bv the Occupational Safetv and Health

3 Administration under the Occupational Safety and

4 Health Act of 1970.

3 (B) Any substance listed in the most recent

6 edition of the " .Ajmual Report on Carcinogens"

I published by the National Toxicology Program of

8 the United States Public Health Service .

9 (C) Any substance for which a Threshold

10 Limit Value (TLv~ has been established by the

11 American Conference of Government Industrial

12 Hygienists.

13 (D) Any substance listed by the National

14 Fire Protection Association in "Hazardous

15 Chemicals Data" QNYPA 49).

16 (E) Any substance identified in "Occupation17 al Health Guidelines for Chemical Hazards" pubis Ushed by the National Institute for Occupational

19 Safety and Health .

20 (F) Any substance listed by the National Fire

21 Protection Association and rated 11 through IV as

22 health hazards or rated M through VI as flam23 mability or reactivity hazards in "Fire Hazard

24 Properties of Flammable Liquids, Gases, Volatile

25 Solids" (NFPA 325M).
p. 87

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304

1 (G) Any substance designated as a carcino2 gen by the International Agency for Research on

3 Cancer.

4 (H) Any substance listed as a carcinogen by

5 the Carcinogen Assessment Group of the United

6 States Environmental Protection Agency.

7 (1) Any pesticide the use of which is cons trolled under section 6 of the Federal Insecticide,

9 Fungicide, and Rodenticide Act .

10 (J) Any substance listed in a review by Nail tional Cancer Institute scientists published in the

12 Journal of Toxicology and Environmental Health,

13 8:251-280, tables 3 through 6, and in subsequent

14 published reviews by National Cancer Institute

15 scientists of substances which meet the criteria of

16 the National Toxicology Program for significant

17 carcinogenic effect.

18 (K) -Any substance defined as a "hazardous

19 substance" under the Comprehensive Environ20 mental Response, Compensation, and Liability

21 Act of 1980.

22 (4) REPORT.-The Administrator sha.11 submit an

23 interim report to Congress regarding the pilot program

24 within one year after the program is initiated. Within

25 two year3 after initiating the program, the Administra-
p. 88

387 1

305

1 tor shall complete the pilot program and shall submit a

2 final report on the results thereof to Congress . The

:3 report shall discuss the technological and economic fea4 sibility of emissions and discharge reporting, as well as

5 the usefulness and value of the information collected .

6 The Administrator shall make recommendations on

7 whether a permanent emissions and discharge and 'in8 ventory reporting program should be established on a

9 continuing basis and, if so, how such a program should

10 be structured.

11 (3) AUTHORIZATION OF APPROPRIATIONS.-

12 There is authorized to be appropriated for Jiscal years

13 beginning after September 30, 1985, such sums as

14 may be necessary to ca"y out this subsection.

13 (C) SAVINGS PROVISION . -Nothing in this title shall

16 affect the requirements of the Occupational Safety and

17 Health Act of 1970.

18 SEC. 326. DEFINITIONS.

19 For purposes of this title20 (1) COVERED FACILITY.-The term "covered fa21 cility" means22 (A) a facility at which any hazardous chen-~-

23 ral is produced, used, or stored ; and

24 (B) a facility listed on the National Priorities

25 List under the Comprehensive Environmental Re-
p. 89

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306

1 sponse, Liability, and Compensation Act of 1980

2 for which a remedial investigation and feasibilty

3 study has been completed .

4 (2) COVERED HAZARDOUS SUBSTANCE .-The

3 term "covered hazardous substance" means a sub6 stance listed under section 311(b)(4) .

7 (3) COVERED OPERATOR .-The term "covered

8 operator" means any person (including any depart9 ment, agency, or instrumentality of the United States)

10 who owns or operates a covered facility .

11 (4) EXTREMELY TOXIC SUBSTANCE .-The term

12 "extremely toxic substance" means a covered hazLrd13 ous substance listed by the Administrator under section

14 3 11 (c)(4).

13 (5) HAZARDOUS CHEmicAL .-The term "hazard16 ous chemical" means any chemical for which a materi17 al safety data sheet is required to be submitted under

Is section 1910.1200(g) of title 29 of the Code of Federal

19 Regulations, except that such term does not include

20 the following substances:

21 (A) Any food, food additive, color additive,

22 drug, or cosmetic regulated by the Food and Drug

23 Administration.

24 (B) Any manufactured item which contains a

25 hazardous chemical present as a solid which does
P. 90

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307

1 not result in exposure to the hazardous chemicai

2 under normal conditions of use .

3 (C) zUy substance to the extent It is used for

4 personal, family, or household purposes, or is

3 present in the same form and concentration as a

6 product packaged for distribution and use by the

general public.

(D) Any substance to the extent it is used in

9 a research laboratory or a hospital or other medi10 cal facdity under the direct supervision of a tech11 nically qualified individual .

12 (6) HAZARDOUS SUBSTANCE EMERGENCY.-The

13 term "hazardous substance emergency" means an acc ii14 dental or abnormal release of a covered hazardous sub13 stance from a covered facility which may present an

16 imminent and substantial endangerment to the public

1 -4 health or the environment . For purposes of this para18 graph19 (A) the term "abnormal release" means a

20 release which is not a continuous release and

21 which is in excess of the normal amounts associ22 ated with routine operations of the covered facili23 ty; and

24 (B) the term "accidental release" means a

25 release which is not planned.
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1 (7) MATERIAL SAFETY DATA SHEET.-The term

2 "material safety data sheet" means the sheet required

3 to be developed under section 1910.1200(g) of title 29

4 of the Code of Federal Regulations, as that section

3 may be amended from time to time .

6 (8) CERCLA TERms .-The terms used in this

title which are defined for purposes of title I of the

8 Comprehensive Envirorunental Response, Compensa9 tion, and Liability Act of 1980 shall have the meanings

10 provided by section 101 of that Act.

11 TITLE rV-COMPREHIENSM OM POLLUTION

12 LLABIELITY A_ND COMPENSATION

13 SEC. 400 . SHORT TITLE.

14 This title may be cited as the "Comprehensive Oil Pol13 lution Liability and Compensation Act" .

16 Subtitle A-Oil Pollution Liability and Compensation

17 SEC. 401 . DEFINITIONS.

is For purposes of this subtitle, the term19 (1) "claim" means a demand in writing for a sum

20 certain;

21 W "cleanup costs" means costs of reasonable

22 measures taken, after an incident has occurred, to pre23 vent, rninim*ze, or mitigate oil pollution from that inci24 dent;
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rv

House Calendar No. 104

99TH CONGRESS

18T SESSION H. RES. 331

(Report No. 99-4131

Providing for the consideration of the bill (H.R . 2817) to amend the Compreheasive Environmental Response, Compensation, and Liability Act of 1980, and

for other purposes .

IN THE HOUSE OF REPRESENTATIVES

DEczmzzjt 4, 1985

Mr. Pzppzz, from the Committee on Rules, reported the following resolution;

which was referred to the House Calendar and ordered to be printe d

RESOLUTION

Providing for the consideration of the bill (H .R. 2817) to amend

the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes.

1 Resolved, That at any time after the adoption of this

2 resolution the Speaker may, pursuant to clause 1(b) of rule

3 XX , declare the-House resolved into the Committee of the

4 Whole House on the State of the Union for the consideration

5 of the bill (H.R. 2817) to amend the Comprehensive Envi6 ronmental Response, Compensation, and Liabilitv Act of

7 1980, and for other purposes, and the first reading of the bill
p. 93

4020

2

1 shall be dispensed with . All points of order against the con2 sideration of the bill for failure to comply with the provisions

3 of section 402(a) of the Congressional Budget Act of 1974

4 (Public Law 93-344) are hereby waived. After general

5 debate, which shall be confined to the bill and to the amend6 ments made in order by this resolution, and which shall con7 tinue not to exceed four hours, one hour to be equally divided

8 and controlled by the chairman and ranking minority member

9 of the Committee on Energy and Commerce, one hour to be

10 equally divided and controlled by the chairman and ranking

11 minority member of the Committee on Public Works and

12 Transportation, one hour to be equally divided and controlled

13 by the chairman and ranking minority member of the Com14 mittee on Ways and Means, thirty minutes to be equally di15 vided and controlled by the chairman and'ranking minority

16 member of the Committee on the Judiciary, and thirty min17 utes to be equally divided and controlled by the chairman and

18 ranking minority member of the Committee on Merchant

19 Marine and Fisheries, the bill shall be considered for amend20 ment under the five-minute rule. In lieu of the amendments

21 recommended by such committees now printed in the bill, it

22 shall be in order to consider an amendment in the nature of a

23 substitute consisting of the text of the bill H .R. 3852 as an

24 original bill for the purpose of amendment under the five25 minute rule, said substitute shall be read for amendment by
p. 94

402 1

3

1 titles instead of by sections and each title shall be considered

2 as having been read, and all points of order against said sub3 stitute are hereby waived . No amendment which changes

4 title V of said substitute or which is otherwise within the

5 jurisdiction of the Committee on Ways and Means under

6 clause 1 (01) or (3) of rule X shall be in order except those

7 specified in the succeeding sentence . It shall be in order to

8 consider the following amendments, in the following order

9 only, to title V, all points of order against said-amendments

10 are hereby waived, and said amendments shall not be subject

11.to amendment: (1) the amendment printed in the Congres12 sional Record of December 4, 1985 by, and if offered by,

13 Representative Duncan of Tennessee or his designee, and

14 said amendment shall be debatable for not to exceed one

15 hour,-to-be equally divided and controlled by the proponent of

16 the amendment and a Member opposed thereto ; (2) the

17 amendment printed in the Congressional Record of December

18 4, 1985 by, and if offered by, Representative Downey of

19 New York or his designee, and said amendment shall be de20 batable for not to exceed one hour, to be equally divided and

21 controlled by the proponent of the amendment and a Member

22 opposed thereto; and (3) amendments recommended by the

23 Committee on Ways and Means if neither of the amendments

24 designated (1) and (2) has been adopted . If both amendments

25 designated (1) and (2) above are adopted, only the second

"Y
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4022

4

i such amendment shall be considered as having been finally

2 adopted and reported back to the House . At the conclusion of

3 the consideration of the bill for amendment, the Committee

4~1 shall rise and report the bill to the House with such amend5 ments as may have been adopted, and any Member may

6 demand a separate vote in the House on any amendment

7 adopted in the Committee of the Whole to the bill or to the

8 amendment in the nature of a substitute made in order as

9 original text by this resolution, subject to the preceding sen10 tence . The previous question shall be considered as ordered

11 on the bill and amendments thereto to final passage without

12 intervening motion except one motion to recommit with or

.13 without instructions. After the passage of IELR. 2817, it shall

14 be in order to consider, any rule of the House to .the contrary

15 notwithstanding, a motion to take,from the Speaker's table

16 the bill H.R. 2005 with the Senate amendments thereto, to

17 agree to the Senate amendments to the text and the title

18 with amendments inserting in lieu thereof the texts of H .R.

19 2817 as passed by the House and its title, respectively, to

20 insist on said amendments, and to request a conference with

21 the Senate thereon, and said amendments shall be considered

22 as having been read.

oq
p. 96

4119 3

obtain appropriate private financing 'Ar EDGA.R Lskej a n I

sufficient to carry Out the Projects permission *.o revise &,nd -xr~nj -.is

A,ithout Federal amistaince . The rnLrX3. )

amount of money Available under the %I r ED-GAR. M. r

program is large enough SO Lhat devei- hour is late. but I offer n * :,.~e ll~

opers vith meritorious demonstration this bill an amendment in :cin I b--1

projects approved by EPA will be able is one of the more cr-_cii.. ~&su,s 'a~ rg

to supplement private capital and con- iis over the course of ne riex,~ _' -,a ~

duct needed LiemonSLration projects. in producing a Strong S~-,,erf,ind bi .~

But the money available under this I want to first commend my i

program is restrictive enough to lesgues on both sides If .~ie a-e tnll

ensure th&L we will not open UP the all of rne rommm.~ei )f :,-r sdic' :_7

public trough to anyone seeking a Fed- for coming foraard -n ~!e Ho-se % .-~

eral handout . Funding caps for both a Supcrfurd bill that I be-ie- s eff-~-

total Federal &Wist&nce As well as tindi . tive and ought to be passcd and ou-4n'

v1dusl projects are included in thC lan- to be sent to the Senate We ougnt 'I

guage . find aL:reement between O~;r bod y

PnAlly . the language requires EPA the other body and rrio~e -,u!cK!Y

to submit a report to Congress citing placing a ~trong effec!r.e Sup~rf-711

the progress Of the Demonstration Uill on the President s desk .

Program created under the act . This Mr. Chairman . I

am Dffe~ :ng in

provision will not only provide Con- Amendment which would req!.~re f :L--,

I

irress with a

yearly update of the handling lazArdous ~ubs :ances

status of the Program. but will assist report rou~tne relcases of ~ho~e 7

-

this body in gauging the progress of stances which are not omy acu'- .1

the overall scenario for permanent toxic, is provided for _n Ine bill . b- '

also those chemicals triit pose Seri 3 ; -3 cleanup technologies. chronic health rLsks.

Again, I strongly support the com- The bill before us calls on f,r-rs han

promise research. development. and dling hazardous substances co pro~ :cle demonstration package worked out by emissions data for a presumably Sn07'

my colleagues and myself. To this end. list of extremely toxic. acutely hazar!

I urge ALI of my colleagues to support ous chernicals . But across the countr~

tnLs section of the bill. The Innovative thousands . if not millions of troms z;f

technology language contained within toxic chemicals are releLsed into *.ne the substitute ensures that when we air. waLer. and ground each ~ear reauthorized this program 14MIn In 5 which have a trLgtc long-te-n tf!ee:,

years . we can do so with the lLnowl- on the people who live nearby. Yea :

edge that we have taken appropriate Lfter year, day after day . hour Lfter steps Lo find the methods thilit will hour. toxic releases pour into the en~i- provide for long-term solut.lons to this ronment. contammatimig the air w,! temble toxic waste problem facing us . breathe, the water we drlak. and tn e

The CHAIRMAN. The Clerk will ground on which our :t!ldren piay

designate tktl* III. As drafted. the compromise '-ersion

The text of title 11113 As (0110vm of H.R . 2817 prohibits :ne EPA rorn

JNX717E .-Title III of H.R.3852 Including chronic chemicals on the Ls:

of hazairclous subsL.Lnces covered !~Y

is previously reproduced and the emilsSions data requirernent- -.~%e

exempted substances Lriclude Asbesmay be found at p.38371 tos, PCB*3. benzene . vinyl chloride . '.cluene. dioxin . and othe m

The CHAIRAd". Are there amend- No emissions reporting would be re menits to title III? quired for these highly toxic cherni . Mr AMMWWWT OFF011139 ST 1111111 11111"M cals under the current version of 1.n e .

EX)GAR. Mr. ChiaLrosian. I offer bill. The Edgair-Sikorski Lmendment

An amendment . would Include chronic chemicals beThe Clerk read as foRows; cause there Is no reason to draw sirt ar.

Amendment offered by Kr. Es"w ftge bitra" distinction betw"n chemicals

.79 . in lim is. insert the toUowu%g before that have Immediate health effects the Period: "and chemkcals (such U vinyl And those which can cause cancer. chloride. benzene. asbeVAL and Poly chlorinated bighenyls) which are known to CUM birth defects and other long-term

or are wispected of evAdne cancer. birth do- health problems .

fecta. heritable gtn*uc mut&UonL or other The people we represent have a

chronic health effects in humans-. right to Know If they are being ex
p. 97

gnsed to chemicals that could poten . If we are monitortnig ) f

tially kill them. regwdless of whether Cnern'Cals chat can cause Ceattl or s~ck

they die suddenly or over a decade . In nelsl In hours, why not do the same for

my opinion . the result IS Just as tragic those which may lead to injury o~er

no matter when It happerm longer exposure periods ? Many have expressed concem that Information about these health dan

this proposal might not be workable or gers is the I)LsLs of the right to-know

that it might place an undue burden concept. It makes sense to apply rignt

on the business community. I believe W-know fully by includLng carcLnoqe%s

that those concerns are unfounded. and other chronic chemicals on ttie

The States of New Jersey and Mary- emissions list. I urge my colleagues to

land have had emisislons data require- support the Edgar-SikOrSKI amend

merits for some time and have experi- ment

.

enced little or no difficulty obtaining a Mr. FLORIO. Mr Chairman, will

high level of Industry compliance. the gentleman yield?

I should also note that an emlsslons Mr. EDGAR. I yield to the gentletracking system can be Implemented man from New Jersey.

without Imposing expensive monitor- %fr. FLORIO. To reinforce the point ing equipment costs on Industry and

small businesses. In the Maryland and that you made with rewd to no

New Jersey program& If emisisions In- burden. Nifaryland has this. New

formation cannot be ascertained from Jersey. and maybe other States remonitoring equipment. engineering es- quire this kind of Information. The

timates may be subtrutted. A

workable other body has included this language

Federal program need riot require ad- in their proposal, the Superland proditional monit4ring equipment. In POW .

fact . a New Jersey Department of Fn- I do not know how anyone does not

viroamenital Protection Investigation go along witn the provision of providfound that estimates were generally ing for long-term tracking of exposure

accurate . of thingslike PCB.

Furthermore, even the Superfund The CFLAIRMAN. The time of the

bLU passed by the other body Includes gentleman from Pennsylvania (Mr .

an emissions data requirement that in- EpGAal has asaun expured.

cludes chronic. as well as acute. toxics . (On request of Mr. Pwiuo and by

We must do at least as much In the unartunotts consent. Mr. EoGmt was alHouse . lowed to proceed for I addItionial

Last Year we passed a tough Super- minute. )

fund bill that allowed us to return to Mr. FLORIO. If we are going to

our constituenu and tell them that we track long-term exposure, which is the

had approved legislation to reduce the purpose of this provision in the bill.

danger they faced from toxic wastes. why should we not be tracking longNow. In the aftermath of Bhopal and term exposures for the chronic emis.

Institute . WV. we have become much sions that the gentleman is tr'Ylng to

more aware of the fact that many track and target It on ?

Americans are exposed on a daily basis This is going to be perceived as a

to hazardous substances that can vote just to disregard the hazards assocause cancer and other long-term elated with things like asbestos and

health problems . toluene and benzene. This is a reason .

We would be doing less than our able amendment. and I would support

duty if we were to pus a relatively It.

strong new embutons program and not Mr. EDGAR . I thianic the gentleman

Include asbestoa and PCB*s . We hear for his cornments .

that the substances are dangerous Iindicate to my colleagues we wtU

every day from the TV and radio. We &sit for a recorded voite on this . We

read about f1CB and asbestos removal urge our colleagues to look: carefully

from our schools and public builldlngs. at the language of the amendment and

If these chemicals am so dangerous. support the amendment.

shouldn't we monitor peopit's expo- Mr

. COATS. Mr. Chairman . will the

sure to them? gentleman yield?

It dioxin Is dangerous enough to Mr. EDGAJFL I yield to the gentleevacuate the entire town of Times man train Indians,

Beach. woulilln't It be wtt* to find out Mr. COATS. I thank the gentleman

how much people an exposed to on a for yielding.

regular bwW
p. 98

4 19 5

1 louid just like to ask the aen-le- &.nd the acute

man a couple of questions. Can the

g~nl,lernan give us an eSLLMALO of ho w

many chronic subELnM we Are Likiking Mr OIIJGELI.- Mr. Chairman. I rLse

about adding to the requirement LnaE in oopaGiLbon to the ameniamenc .

stalus sheets be iiiijued? Mr. Claipirmaa. I trii" we better

The CHAIP-MAN. The time of Lhe take a look at what this amendxo,_n-,

gentiem ;Ln from Feansyli,&nis. LMr. which ~0"-U 40 good in IaCt CLOpS

EDC.AR I has a4ain expired . First of all. it does not just co,er a fe w

I By unanimous consent . Mr. EDGAR subfiLLr%ces as its &uLaOir siald . It ctmeri

I ;Ls ;Llowed to proceed for I additional a" subsuLn-9 wtlw-h Caum Cancer Aii

minute.) those whicin are saispec&ed of ciks"

%I.r. EDGAR, On the national taxi. cancer All Lbow wn,Gh ca, .se W%h jecoiogy program list there are oniy .17 feet& AU Usom wh&r-h are suapie~Le4 f

demonstrated carcinogens. On4 22 are causing birth defects. All those snicn

r .rmly known . Ninety-five ire su,,pect- cause heritable genetic mutaL,ons of

,d carcinogens . are susoiectec of causing hentao .e g e

Mr. COATS. If the gentleman will netic muLatiorm Or ithei; rea,lri efyte!d further. is the gentleman onl y fects in humans . T",E is a ,asciv

scekins to add carcinogens to the list? larger tibl, '.han %as isted by the gLnThe gentleman used the description ,Ieman frorn Pvr.nsylv'u%la- It M;ers

those substances Posing chronic many -nore T"!ie number wh,cn nas

health hazuds,- We have some e.,;tl. been ehLirnated to co%er soniett,.~ng Dn

mates that that may include up to the order of .1 50 0

2 .5010 different substances. if that is To ~~tiom would [ftis imenarrient

the case . then we are talking About a

apply, it Anuic ippiy to any ou-ne~s .

-19nificant amount of paperwork .

It Aould apply to gas statiocs . dry

effort, money that could be used to in- cleaners. manufacturing facilities.

stances where we are cleaning up more chemica.1 Piants . printers plastic pr0-ctoxic substances and actually detract essors . it vouid apply to paint a,.LnLkfrom the Drotralm . factureres~ and it %i.ould apply to sil k

The CHAIRMAN. The tUne of the screeners . It would ipply to any busigentleman from Pennsylvania [Mr . ness which has Li employees. Indeed .

EXAM has again expired . after his amendment went in piice.

(By anianjimous consent, Mr. Email they would need an Lciditiona.1 3 or 4

was allowed to proceed for I additional employees in II-employee es=Lishminute.) ments. They would need something

Mr. EDGAR. I would like to respond like 15 or L6 employees.

to the gentleman by saying that we in Now. this %ould evem cover hair .

no way . under no circunistainces. am dressers. and it would not inconceivwe talking about 2.50 chemicals. We ably co~er restaurants and nort inconam talking about the same level of ex- ceivaoly cover &U m-nner of sm&.U

perlencir that Maryland has and New business. including people who had

Jermy has. which include the chronic copying machines or sirculair equipchersicalls In tWr list lofty. And I ment on the premises. Now. if you

draw the gentleassn's attention to a want to outrage your cons&itut-- .ti by

Conli1valonal Research Service docu- imposing massive servitudes on them.

ment which I have before me. which then I urge you. endorse this with enlooks at the specific number of chein - Lhusi-sm .

cats that am ased AM determined by The monitoring required to file

the Maryllant! experience and the New these reports wowd coa triausLnd3 of

Jersey expermwe . It is the intention dollars. Remember. it would require

and the language of this ankendimenit reporting on sAr. on water. on 9'round .

not to kinchicle that nomber of cheW. waLer. on injections into sewera. and

calls that the gentleman suggaa& on ainy other release which " int o

My coUskigues; point Lumoses that the envu-onmenr- including spLLILag an

this N a Le"bly buirdensocale prograiRL the soiks.

In the Marytilind Stake emastans Me- The do" of this ground wLLer LA3&IYgrain . wiftlich incluides chiroolic chiend. sisi. I am toid. would run something on

CaAL only 5" of the 530 RUT" forcing the order of SL700 a year. Now . t.Me azSeat Out Vem redurnedl. WW the guakent is made we need this amendnumber of chemicsilis in each ol those meng because them fact1ities are refitaten were in tills, ne"bairihood of leasing these dangerous siAbgtArs0ft i n

71vat kisidudied batik the cbmilic the air. We have section 112 to the
P. 99

4 19 6

Clean Air Act . Section IL2 deals With Mr- EDGAR

. I thank the gentleman this problern. Lad Lffords autho"ty to for Yielding

. FLPA to Lddresai the question of emis. Mr. Chairman . I will make Just four s'Ons into the air. Similar require- v"Y Quick points

ments are Imposed in the Clean Water fOrMattan is wrung. The grntleman s in .

Act- Lad .

there are constraints on reless" of substances a( this kind under W. DINGVT L I have studied this

the Ssife Drinkurig Water Act. under matter in rather consider-able detail

CERCLA. ana RCRA. andI InIl tell you I am right .

Now . lest it be thought that the %Er. EDGAR. If the gentleman %III

Corruru4teez have not conaidered this ~Ield. let me just Point out foursUnple

matter In the writing a the baw Its .

thlrigw FIM. In the New Jersey experl .

islatLon. my colleagues who'in a sur- ence. we are talking about 154 cheralcease of enthusisism, woum impose C&IL

upon their constituents a massive ser- %fr DrNGLI.L We Lre not LaIkLng

ViEude. should kriow Witt the proposal about the New Jersey experience here

that is before you includes a require- Mr. EI)GAR. Lf the gentleman

ment that disclosures of a

character would yield further. on the other

sufficient to inform people of any peril three points I Would like to auke I

which sternmed from a ftnardous re . would Just simply indicate th&L the

lease must be made avaAshie to the "me burdensome requwemenLs that

local authorities . And the communtitieis YOU are arCUUM are onerous on my

Lrge not barred under this leguiLittlort amendment alre"y exist in the bill

from imposing any additional amount that is before us bec&,Lse Lbey in .

of reportuig and disclosure that they clucitmight feel met their local needs. Mr. DLNGELL No : they do not.

Now . in the enthusiasm of writing Mr. EDGAIL They U'sclude in the

this. I would call W tbt attention of legt""1012 before = Is an exemption

my colleagues that we are dealing here for and a Ulrieshold fac the small bustin i&rge numbers of cases . not only nesses and others that Uw gentleman

with smAill bumnesis" of limited capa- is concerned Lbout.

bilities to file the necessary report& Mr. DINGELL U the gentleman

but you are dealing with good folk like would permit, the list in the current

volunteer fire departments and vi

.

leguslisuan is very small It reAtes only

Lases whose population and whose ad- to sub6t&Wft which Unpose an imme .

ministrative services are extremely diate hazard an the populLuorL as OpUrnited Lad greatly strained in provid . PO-d to substances which present a

ing the most ordinary and routine suspected lons-niase danger. The censervices. much Ian dealing with the tienisin is tn error.

masses of reports that would be gener- Kr_ ZZ)GAJL U the centleatain

Lted as a reffult of this amendment. would ybeid further, the anileman

The CHAIRMAN.

The time of the fzOfn PennsYlvouils. to not in error, tha t

gentlerrusla from Michigant (Mr . Dills- the same burdensome requirements

ccul has expire& that the industries have to respond to

(By Uluintmous consent. Mr. 019FG= on acute substances are the very smal l

was allowed to proceed for 4 additional requirements that we impose with

minutes.) EPA have a threshold requirement so

Mr. DINGIELL 111rhat you are goi that most small businesses would no t

ng be impacted as the gentleman has sug- to do is to drawn then unfortunate

local comznuniUqs in paperwork. The gested.

Question which we must ask ourselves Mr. DINGELL I would observe to

tonight as we consider this well-inten- the gendeman that nowhere in his

tioned amendment Is how much at a

amendment is there a threshold reburden do we w*M to impose on the quirement limitingcitisien. and how much clogging of the Mr. EDGAR . It is already in the bill.

adminimative mills do we want to oc

. Ifthe gentleman would Yield further.

cLoon Tnth InlFormistion on a

plet those threshold requirements are al .

a( sulatances which cover everythin hom ready in the legislation. It is not a

g

that Can cause any kind of health matter of placing them in my amendeffect In hunasn beings. ment. The thresholds that already

exist Lre now simply going to cover ap.

Mr. ZDGAIL Mr. Chairman. will the proximately 150 additional substances gentk4isan y1eW -

Mr which may have chronic long-term . DMCFELL I yield to the gientle- impact in the same way . man.
P. 100

4 19 7

.%fr DINGELL The gentleman is to. Mr. SNYDER. V, taily in error There i :; Ilu WAY that the the gentleman )jejC ,

gentleman Can tell

number of substances that are In

us the precise Mr DINGELL I Yield ~o 'he 4-n,

. man . Yoked . because I want to remind the Mr SNYDER. I &ar,,t -0 gentleman the amendment includes all chairman for a ',ery PioQuent ;-,a-, substances ,which are known to cause merit In regard to the !)roaz!

or are suspected :-~ Of causing cancer. this language We all Kn,) l

birtri defects . heritable genetic mut& . carin is accused or susr)ec-.e d

tion.s . and other chronic health ef . Ing cancer Why it has e,,n t-7 1 .

fects . That can be anything from nak . leffed that good !)Curon 11. 7

ing skin to asthma to God knows causes & Chronic hel, :h je"e,

A hat . [t is not Just those things which as cirrasis of the li~er ir o "'t are known to cause those effects h ~'ef-_s . but Tubacco. which I happen to k e it is suostances which are Suspected Of been SUSWted of ausing c a' .nce r

iL There is no end to - Mr .ne t)rostan~ss . EDGAR . If

would yield at that point the gentleman this language as you have e :! ~x

. I have three plained.

iources Mere that I think the gentle- Mr. DINGELL As a macter )f fac~ man %ould agree are good. absinth in a bar could be inciLided The CHAIRMAN . The time of the Mr. SNYDER . Absolutel y gentleman from Michigan (Mr. 13m . The CHAIRMA.N The time )f CELL) has expired . gentleman from Michigan ~,Mr :)i- (On request of Mr. EDGAit Ind by CELLI has again expired , unanimous consent . Mr. DINGO.L Was (On request of ~Mf LxwT &~jd allowed to proceed for 2 additional unanimous consent. Mr Di .4cc-L ,j minutes

Mr .) allowed to proceed for 2 adaj-.joria_. DINGELL I contLnue to yield minutes. )

to the gentlem&n. Mr. DINGELL I yield to 'he gencle- .Mr. EDGAR. I have three organiza- man from New York (Mr. U-4r] .

tions. the National Toxicology Pro

gram list, the IRC list . Mr. LENT. I Just wanted to reinforce . and a list of ad. the statement that the chairman )t ditional cherrucal carcinogens that are the Energy and Commerce Commimee

provided

Mr DINGELL . made earlier about overwhelming tne I

man and thank the gentle- emergency response authonties With aI am sure those Ilats are of lot of useless data . I have here a iet*er immense help. But if the gentleman from the International Association of had cited those ILSU in hils amend

ment . Fire Chieft which was sent to our com- .s . I would be very much Im . mittee at. the time we were considering pressed . and I would know what sub. this legislation. They say they are con- stances he was referring to. I must ob. cerned that certain legulative propos- serve with vast dilstress that the list als may be counter-productive by going that the gentleman would impose beyond what emergency response A-;- upon the Nation is startUngly larger thorities need

and covers anything which can cause to address the dangers

of hazardous substances In the rorn anything from flat feet to falling hair munity

.

and anything else

Mr. EDGAR.

. They go on to say the iegLs!jtion If the gentleman should cover whicn -nay present azt

would yield for one final PoLnL if the Uniminent and substantial danger ~o gentleman in his language on the public health

acutes does not include . Inclusion of additional a

number of specific substances would exceed data hat

chemicals because we have emergency authorities would rie~d Dr to leave that up to EPA.

experience in Ma"liandBut It is the could use to respond to a danger. &r.d

Jersey that already has this provision tive

and New therefore. would be counterprodu:

."

&a Part of their law . that It is less than So I think here we have from the or 150 and I

thank the gentleman for 91nuzations that we hope will respond yielding

Mr . in the case of an emergency. they '1 0

. DINGELL I am not aware of not wiLnt to be benefited by this pletin what Maryland or the other States OM of useless information . have in their law . I am sure it is not Mr

. DINGELL EPA has published a the same . and I am equally sure that list of 403 toxic chemicals that pose the list would be. If as set forth here. risk In plant accidents. These are ail would be vastly larger . Items of known present and high