P.

650

er. under mu~,L circum~wtances, judicial review should be lim!te(i

the admini,~rLai%e re~:orcl it,cif.

Pre-enl6rceruent rei wt v

Respon-se -.ctionEi ~)r orders tinder section LOI and orders undcr

section 11Of ; may be SUbject to judiciai review at the time the

ernment sef~ks cost recovery or acts to enforce the order and coliec,

penalties for nonconipliance . This amendment clarifies and confirms that response actions and orders are not subject to judic :'11

review prior, to that time.

As several courts have noted, Lhe scheme and purpose:i ot

CERCLA would be disrupted by affording judicial review of or&-r-~

or response actions prior to commencement of a government enforcement or cost recoverv action . See. e.g ., Lone P.,ne Steerini:

Committee v . EPA. 22 Env't Rep. Cas . (BNA ; 1113 (D NJ Januar%

21 . 198-5) . These cases correctly interpret CERCLA with re, ~ard to

the unavailability of pre-enforcement rev .iew. This amendment is to

expressly recognize that pre-enforcement review would be a sianificant obstacle to the implementation of response actions and the

use of administrative orders . Pre-enforcement review would lead to

considerable delay in providing cleanups . would increase response

costs, and would discourage settlements and voluntary cleanups .

Review of orders and reimbursement of costs

The changes relating to judicial review both clarify and confirm

the existing process . The amendment also establishes new procedures for reimbursement of certain response costs and provides opportunities for judicial review of administrative orders once the response action required by the order is completed .

Under the reported bill, potentially responsible pa-ties may request reimbursement from the Fund for costs incurred in responding to an order. If the President refuses to grant all or part of a

petition for reimbursement, such parties may file an action in di-qtrict court seeking reimbursement . Potentially responsible parties

mav obtain reimbursement, plus interest . if thev can show that :

-they are not liable, and that the costs which they incurred in

responding to the order were reasonable ; or

-the response action ordered by the President was arbitrary

and capricious or otherwise not in accordance with the [aw

This provision will foster compliance with orders and promot e

expeditious cleanup, by allowing potentially responsible parties

who agree to undertake cleanup to preserve their arguments concerning liability and the appropriateness of the response action . In

addition to having an opportunity for judicial review as set forth in

this section. recipients of section 106 orders have opportunities to

participate directly in the process for selecting the appropriate response action and may seek reimbursement of response costs from

other potentially responsible parties under section 107 of the Act

The new procedures set forth in this amendment are designed

simply to increase the incentive for potentially responsible partie_~

to undertake responoe actions . This amendment is not necessitated

by any constitutional infirmity of section 106, as enacted in 19SO .

L
p. 2

65 1

59

which already affords adequate protection Of potentially responsi- ble parties' due process rights .

NATIONWIDE SERVICE OF PROCESS

SUMMARY

The reported bill amends section 113 of CERCLA to clarify and confirm that nationwide service of process is available under

CERCLA.

DISCUSSIO N

Defendants in some actions brought personal jurisdiction

through out-of-state service because of a lack of minimum contacts . This amendment expressly confirms that the United States may

serve a defendant in any district where the defendant resides .

transacts business . has appointed an agent for service of process, or

may otherwise be found . Although service of process has been implicitly available under CERCLA, this amendment makes the avail .

ability of such service explicit, to avoid future arguments on the

issue and to expedite government enforcement actions .

PREEMPTION

SUMMARY

The reported bill strikes section 114(c) of the Act to clarify that

States are not preempted from imposing taxes for purposes already covered by CERCLA.

DISCUSSION

Clarification of section 114(c) appears desirable because of the

litigation that has arisen from the original language in the statute . The litigation has been focused on the right of States to tax those

substances which are taxed under the Federal Superfund law . To date, all decisions in State courts (including recent State Supreme

Court rulings) have found that the Federal Superfund law does not

preempt the rights of the States to raise taxes from these substances or through other special taxes. This litigation could contin- ue for years. Any cloud of uncertainty over the legitimacy of these

taxes should be removed at the earliest possible time.

It is widely recognized that States must develop their own taxes

to meet their responsibilities for the State share of the cleanup

costs at Superfund sites. In addition, States have responsibilities

for managing and cleaning up hazardous materials not covered by the Federal program. Clarification of section 114(c) will allow the

State to move forward and develop the tax mechanisms necessary

for meeting the growing funding needs for response to hazardous

substance releases and participation in the Superfund program, as

well as for maintaining effective State hazardous waste programs . The primary effect of the amendment will be to remove a potential barrier to the creation of State superfund programs . The

amendment may result in an increase in the number and pace of

hazardous substance response actions undertaken or partially
p. 3

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60

funded by States, since States will be able to raise funds to

such hazardous substance response .

FEDERAL FACILITIES CONCURRENCE

SUMMAR Y

This section amends section 115 of the Act to provide that the

Administrator of the Environmental Protection Ah~encv must

concur in the selection of cleanup actions to be taken for Federa[

facilities . States that have entered into cooperative aL~reernent~

with the EPA must also concur in the selection of cleanup action4

In addition. the administrative order authority of --iection ~116 i~

statutorily delegated to the Administrator with respect to Federai

facilities.

DISCUSSIO N

Federal agencies have not always been responsive to the problems of hazardous sbustance releases, and adequate corrective

measures have not been taken at many Federal facilities . This has

particularly been a concern for the Department of Defense faciiities, for which the President by Executive Order delegated all authorities under CERCLA to the Secretary of Defense . This new section requires Federal agencies to respond to hazardous substance

releases and assures that EPA retains the lead responsibility for

cleanup actions. For Defense facilities, or others for which such delegation occurs, the EPA must concur in the selection of an adequate remedial action, and can order appropriate corrective action .

FEDERAL FACILITIES COMPLIANC E

SUMMARY

New section 117, added by the reported bill . requires the Administrator to compile a publicly-accessible "Federal Agency Hazardous Waste Compliance Docket" containing information on the location, nature and extent of hazardous substance use, storaze or disposal of Federal agencies, developed under section 3016 ofthe solid

Waste Disposal Act. The Administrator is required to take steps to

assure that each agency conducts a preliminary assessment of such

facilities within 18 months of enactment, and that following this

assessment each facility is evaluated, in accordance with criteria

established under CERCLA section 105 for priorities among releases, for potential enclusion on the National Priorities List. Within one year after inclusion on the National Priorities List .

each agency is require, in consultation with the Aaministrator, to

commence a remedial investigation and feasibility study (RI/FS)_

No later than six months after completion of the RI/FS & Administrator is required to enter into an agreement with each agenc y

r viding a schedule for the expeditious cleanup and arrangement

r long-term operations and maintenance of each facility . Each

agency is required to complete cleanup as expeditiously as practicable after the date of the interagency alreeement and to include in

its annual budget submissions to the Congress a request for funding adequate to complete cleanup, and a review of alterrative
p. 4

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61

agency funding which could be used to provide for the costs of

cleanup. Each agency responsible for compliance shall furnish an

annual report to the Congress detailing its progress in implementing the requirements of this new section . New section 1171d) prohibits the delegation of authorities vested

in the Administrator by this section to anyone other than employees of the EPA. New section 11-(e) reaffirms that all provisions of

CERCLA applicable to private ~alcilities are applicable to Federal

agencies in the same manner and to the iame extent .

DISCUSSIO N

The principal purpose of this amendment is to improve Federal

agency accountability and EPA oversight and regulatory authority

with respect to hazardous waste sites on Federally-owned or controlled facilities or property . This section establishes a schedule for

reporting and cleanup of sites owned or operated by the Federal

government, formalizes EPA oversight over executive agencies, and

reaffirms that ail CERCLA guidelines, rules, regulations, and procedures applicable to private facilities are also applicable to Federal

agencies in the same manner and to the same extent. One of the purposes of this amendment is to encourage Federal

agencies managing these contaminated sites to identify the resources needed for response . Such resources can then be sought

through the appropriations process, rather thin forcing the agencies to meet these needs by diverting funds from other objectives .

The reported bill requires agencies to submit information on funding for remedial action. Where possible, agencies should anticipate

the schedule and other requirements of this new section, and seek

special funding for the preparation of the RI/FS and other preparatory work.

The intent of new section 117(cX3) is not to specify items that

must appear in the official Budget submitted by the President. Rather, each agency with a contaminated site needing remedial

action must submit to the authorizing and appropriations committees of the Congress documentation of what funding is needed to

complete the remedial action and a review of alternative agency

funding which could be used for such purposes. The Agency must

also provide a statement of the hazard which the facility poses to

human health, welfare and the environment . This statement shall

also identify the specific consequences of failure to begin and complete remedial actions.

CrrmzN Surrs

SUMMARY

Ilie reported bill adds a new section 118 to CERCLA, providing a

right for citizens to sue in Federal court to enforce stan0ards, regulations, conditions, requirements and orders under the Act and to

seek the performance of nondiscretionary duties under the Act by

the President or delegees of the President. Prior to bringing such

suits in Federal district court, a citizen is required to give 90 days

notice to the State and the Federal government, and, where appropriate, to the alleged violator. No action may be brought under this
p. 5

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62

section if the State or Federal government is diligently pro`ecutinh~

an enforcement action under CERCLA or the Solid ~Vaste ~Sisck)sai

Act for the same violation . Citizens are granted a limited rlg~rit to

intervene in such governmenta! enforcement actions brought in

Federal courts . under new section 118(c). Coriverselv. the Pre'sident

or a delegee may intervene as a matter of right in anv citizen

action brought under this section . The court may award the costs

of litigation, including attorney fees, to any substantially prevail .

ing party. The court may order appropriate remedies for violations

or failures to perform nondiscretionary duties . including the pavment of any civil penalties provided under the Act for the viol a__ tion .

DISCUSSION

A citizen suit provision has been a standard feature of each of

the major environmental laws since the early 1970's . The reported bill adds such a provision to the Superfund law. Under this riclw

authority, modeled on the citizen suit provisions of the Clean Air . Clean Water, and Solid Waste Disposal Acts, individuals may bring

actions in Federal court against private parties to abate violations

of CERCLA, and against Federal officials to seek performance ol

nondiscretionary duties under the Act . The language of new section 118 makes clear that a citizen ~,_Iit

cannot be used to seek pre-enforcement judicial review of any rE~-

medial action or enforcement order. This is consistent with~ the

clarification made elsewhere in the bill, eliminating pre-enforcement review of administrative orders . All penalties awarded pursuant to this amendment, which allow

courts in which citizen suits are brought " . . . to apply appropriate

civil penalties under this Act," are to be paid into the United States Treasury. Litigation of any such request or the grantirliz of

any such award will not, in any way, limit or preclude the right of

the United States to seek or obtain the payment of pena

L

ties' arising out of the same or related violations, except that the maximurri

penalty to be paid for each violation shall not exceed that provided

for in the relevant section .

The conditions placed on such suits are intended to assure that

th will complement, and not interfere with, Federal regulatory ann7enforcement programs . Citizen suits under these amendment's may only be initiated 90 days after the citizen has notified the President, the State. in which the alleged violation occurred, and the alleged violator. If the United States or a State has commenced

and is diligently prosecuting an action under this Act or the Solid

Waste Disposal Act, an action under the new provision cannot be filed. It is recognized that 90 days is not sufficient time for the

Agency to conduct all studies necessary to initiate an entorcement action. Nevertheless, based on current experience, this shouid provide enough time for the Agency to conduct an investigation satisfactory to the private parties, so that EPA and the private parties

should be able to work out a mutually acceptable way to proceed. A determination as to whether the Administrator or a State "has

commenced and is diligently prosecuting" an action is, by necessi- ty, a case-by-case detemination . "Commencement" of ar. action gen-
p. 6

655

H3

erally. means having actually filed suit or having issued an administrative order. An action has not been "commenced" in a case that

is merely under investigation or a case where onlv notice or warning letters have been sent . The scope of the relief being sought by

the Administrator and the opportunity for citizens to intervene ar'e

factors to be considered when determining if a case if being ''diligently prosecuted".

The reported bill gives a clear right of intervention to the Administrator. For example, if the Administrator believes a citizen

suit under the provision is not being prosecuted in the public interest, he may exercise the right to intervene in such action arid seek

from the court restrictions or co9ditions upon the citizens suit, in

order to assure that the means ot prosecution and i.he relief sought

,ire in the public interest . EPA and the Department of Justice are

responsible for taking necessary steps to assure orderly and consistent development of cases law and legal interpretations, and technical consistency for enforcement . fn view of the Agency's expertise

in this area, courts will accord some deference to the Agency's

technical findings concerning the nature and extent of the violation. The Administrator and the Department of Justice are encouraged to rile amicus curiae briefs with the court, where appropriate .

These amendments provide any person with a statutory right to

intervene as a party to suits riled by the Administratoir or by a

State under CERCLA or the Solid Waste Disposal Act, "unless the

President or the State shows that the applicant's interest is adequately represented by existing parties." The rules on intervention

are intended to assure that persons living in close proximity (persons potentially at risk) to the subject of the govern men t-in itiated

action will be able to intervene as a matter of rights unless the

President or the State can demonstrate that those persons' interests are being adequately represented . The purpose of the amendments is to make it easier for individuals who may be assuming an

imminent and substantial risk as a result of the defendant's activities to participate in these suits, particularly in fashioning the appropriate remedy for eliminating the risk . By requiring the government to demonstrate that the applicant's interests are already represented, this amendment reverses the normal presumption ot Rule

24 of the Federal Rules of Civil Procedure.

New section 118(e) authorizes the court to award costs of litigation (including reasonable attorney and expert witness fees) to the

prevailing or substantially prevailing party or parties . As with

similar provisions in other environmental citizens suit laws, this

will encourage private enforcement by allowing such awards to private plaintiffs where the court determines that the bringing of the

action was in the public interest, while discouraging frivolous suits

by aliowing costs to be awarded to defendants in appropriate cases . Where the United States is a prevailing defendant, costs of litigation include a reasonable calculation of costs attributable to Justice

Department and other personnel involved in the defense . Subsection (f) of the new citizen suit provision makes it clear

that nothing in this Act restricts or rModifies the rights of any

person under Federal or -State statute or common law to seek enforcement of any standard or requirement relating to hazardous

substances or to seek any Other relie f

15-033 0 - 90 - 9
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64

ADMINISTRATIVE CONFERENCE RECOMMENDATION

SUMMARY

This section would establish a congressional Finding that Recommendation 84-4 of the Administrative Conference of the United

States is generzllv consistent with the goals and purposes of the

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), and would direct the Administrator

of the Environmental Protection Agency (EPA) to consider such

Recommendation and implement it to the extent that so doing will

expedite the cleanup of hazardous substances which have been released into the environment.

DISCUSSION

Recommendation 84-4 of the Administrative Conference of the

United States consists of a series of steps that the EPA might take

to encourage and facilitate negotiated private party cleanup of hazardous substances, in those situations where negotiations have a

realistic chance of success. The purpose of encouraging such negotiated cleanups is to accelerate the rate of cleanup while reducing its

expense by tapping the technical and financial resources of the private sector. However, the greater emphasis on negotiated cleanups

that is recommended is not to replace or diminish an aggressive enforcement policy, but rather to complement it.

Implementation of the Administrative Conference recommendation does not require amendment to CERCLA, as it is also the

belief of the Committee that Recommendation 84-4 is consistent

with the goals and purposes of the Act.

Decisions how and to what extent to implement Recommendation 84-4 are within the discretion of the Administrator . The Administrator should pursue negotiated cleanups to the extent that

negotation promises to expedite the overall cleanup effort, and not

in cams in which negotiation is unlikely to be productive . Recommendation 84-4 follows .

RzcommENDATION 84- 4

NW.anATED CLEANUP or HAZARDOUS WA= SrrEs UNDER CERCLA

(Adopted June 29, 1983 )

By enacting the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) in 1980, Congress undertook

to provide a federal solution for the problem of abandoned and inactive hazardous waste disposa.1 sites . Approximately 2.000 sites require action, at a cost of tens of billions of dollars . CERCLA created

a $1 .6 billion revolving "Superfund" for direct federal action to

clean up these sites and respond to hazardous waste emergencies .

The act supplements this public works authority with provisions

for negotiating cleanups by "potentially responsible parties"-site

owners and operators and users of sites as transportaters and

waste generators . It also empowers the federal government to sue

such parties for the cost of cleanups paid for out of the Superfund

and, if waste disposal may present an "imminent and substantial
p. 8

t i5-1

6 - -)

endani.~ernwtit . ' to sue for order- directing r"pon~tblv P,Lr_t1(!-

clean up sites themselves The act is administered by the Environinental Protection Agencv iFPA I

B

"

v variv 19~ I, althoudh FPA had responded to hazardous w~iste

emergencies at many sites . only a handful of sites listed on a statutorv national priority list by the agency had been conipletel'~

cleaned up by the federal t-rovernment . A ~ew more sites had bee n'

ciezined up by private parties . The causes of detay were varied . uncertainty about the extent ol the problem and tl~e efficac

' %

of technical rempdies : start-up problems inherent in a new program : and

a two-year long effort to negotiate cleanups so that no Superfund

revenues would have to be spent. By mid-1983, the stratei,~%- of conserving the Superfund had fallen apart amidst a major leadership

crisis within the EPA. In a policy reversa! . Superfund expendlture~_

for cleaning up sites then took priority over other means available

under the statute for effecting cleanups .

The current agency approach to CERCLA emphasizes cleanups

paid for out of the !~uperfuncl coupled with actions to recover the

expenditures but also relies to a limited extent on negotiated cleanups and on lawsuits to compel responsible parties to act under

CERCLA's imminent endangerment provision . This strategy has resulted in a CERCLA implementation effort that is slow and expensive. Congress, the EPA, responsible parties, and othe critics have suggested several means of speeding up and economizing on site cleanups . These include enlarging the Superfund, setting program deadlines, expanding the EPA program offices, empowering citizens to

sue. and encouraging voluntary cleanup by industry . Although enlarging the Fund, providing more staff, and setting program deadlines would tend to acceleraLe the CERCLA effort . the Administrative Conference believes that a properly designed site cleanup negotiation process, through which responsible parties or third partieS

would agree to act directly to cican up sites, would also hasten

cleanup while reducing its expense by tapping the technical and Financial resources of the private sector . Involvement of the fecle-al

government and affected citizens in this process would ensure adequate protection of public health and the environment . Although current EPA policy permits the negotiation of cleanups . the agency puts too little stress on negotiations and has adopted a series of procedural and substantive requirements that unnecessarily constrict the number of negotiated cleanup agreements

that the agency might beneficially conclude . The Conference recognizes, of course, that successful negotiations can only occur when

private parties as well as the federal government are willing to respond to the problem of hazardous waste cleanup in good faith . The

Conference intends no criticism of aggressive EPA enforcement efforts where responsible parties refuse to cooperate .

In this recommendation the Administrative Conference suggests

a series of steps that the EPA might take to encourage and facilitate greater reliance on negotiated private party cleanups, in those

situations where negotiations have a realistic chance of surcess .
P. 9

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66

RECOMMENDATIO N

I The Environmental Protection Agency (EPA) should emphasize

the negotiation of voluntary cleanups at hazardous waste dump

sites . The negotiation process for any site should include . at an appropriate time and in a appropriate manner, the key intVrests,

such as federal. state and local governments, parties potentially responsibie for cleanup (including site users, site owners and o'perates, and waste transporters) . and local citizens . Whenever possible.

efforts to negotiate a cleanup agreement should begin well before

the commencement of litigation concerning a site . To increase the

likelihood that negotiations will succeed, the Administrator and

other leading EPA officials, both at headquarters and in the regional offices, should support the negotiation process, follow its implementation, and be available to explain specific negotiated agreements before congressional oversight committees if necessar y

2 . Citizens living in the vicinity of or otherwise directly affected

bv a site have a substantial interest in some issues related to the

cleanup process-for example, medical diagnostic testing, relocation of public service facilities, measures to isolate the site, and the

overall adequacy of the cleanup effort. Their interest in other aspects of the process, such as the allocation of costs among potentially responsible parties (or between potentially responsible parties

and the government) is more problematic . EPA should consider

means beyond complete reliance cn local political institutions for

involving these citizens, including the negotiation of collateral arrangements, participation of citizens' groups in negotiations over

the type and scope of the remedy, zrid the like . Even if not participants, local citizens ordinarily should be permitted to observe those

aspects of the negotiations that concern them.

3 . Many negotiations can be conducted by EPA without outside

assistance. In other cases, where outside assistance is desirable,

EPA should encourage efforts by independent mediating organizations or individuals to convene negotiations . This can be accomplished by asking such a convenor at an early stage-no later than

the commencement of "remedial investigations and feasibility studies" (a statutory cleanup stagO-to determine whether con~itions

are favorable for negotiations at a site. Favorable conditions include: issues that are ripe for decision; absence of fundamental conflict about values among those with a stake in the outcome: adequate representation and organization of key interests ; opportunity

for mutual gain for those with a stake ; a balance of power amon'9

participants; willingness to bargain in good faith and share information; and willingness of units of government to participate as

equal parties. Where negotiation appears feasible, the convenor

should attempt to organize a site negotiate group from among the

parties with a stake in the site cleanup . If an initial meeting of the

parties is successful, the participants should consider retaining the

convenor or another person to serve as mediator for the duration of

negotiations. EPA should consider using Superfund resources to

support an entity, such as a non-profit corporation or another

agency, that would undertake this initial convening effort and provide mediation services if the parties desired them . Alternatively
P. 10

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67

EPA should consider providing these services through personal

service contracts with skilled mediators .

4 . In order to take advantage of private funds and expertise

while they remain available, EPA should encourage and participate in negotiations for cleanup of sites where there is a high likelihood of successful negotiations . even if they have not vet been allocated federal funding for remedial investigations or been added

to the National Priority List, unless such negotiations will distort

the agency's priorities by diverting substantial agency resources or

causing undue delay.

5 . EPA should avoid wasting agency resources on unproductive

negotiations by establishing, with the concurrence of other negotiating parties. reasonable deadlines for the conclusion of negotiations.

6 . Successful negotiation requires that participaLion by all interests be through persons how, if not principals, have the confidence

of, and easy access to, principals with the authority to make binding commitments . For EPA, the negotiators or pe~sons readily accessible to the negotiators should have explicit. broad delegate~ a u -

thority to commit the agency to a negotiated outcome . To the

extent that peer review and approval of agreements within the

agency are nonetheless required, EPA should provide expedited

means for obtaining them . One method of achieving this end would

be for EPA headquarters to consolidate review of negotiated cleanups in a single panel of key officials . 7 . The final agreement should take the form of an administrative

consent order under section 106 of CERCLA or a judicial consent decree. Like other parties to the agreement, EPA should bind itself

to undertake appropriate actions and follow agreed-upon schedules . 8 . Negotiations undertaken in the context of litigation require

procedures and standards different from the procedures and standards applicable to negotiations occurring before a matter reaches

litigation. EPA should acknowledge that existing agency guidance

memoranda on "case settlement policy" are appropriate for use

only in litigation situations ; to implement the proposed negotiation

process, the agency should prepare new guidance memoranda that

bring more appropriate factors to bear on prelitigation negotiations.

9. The Conference recognizes EPA's need to maintain a strong

litigation posture in CERCLA cases in order to strengthen its ability to negotiate agreements in the public interest . However, the

Conference also urges the agency to consider the possible advantages of greater flexibility in situations where cleanup arrangements are being negotiated rather than litigated . For example, in

some cases it might be desirable for EPA to begin to negotiate even

if 80 percent of cleanup costs has not been offered or to agree with

the parties about the amounts of their individual responsibilities to

pay cleanup costs even if the total responsibility adds up to less

than 100 percent of cleanup costs (allocating Superfund resources

to pay for the rest), as an incentive for cooperating parties to join

promptly in an agreement . The intransigence of a few responsible

parties should not be permitted to block agreement with others

prepared to accept reasonable shares of responsibility; moreover,
P.

such partial agreements may free agency resources to pursut! the

intransigent parties

10 . Although the Conference believes that its recommendation

can be implemented without additional legislation, it acknowiedizfes

that the effectiveness of expanded reliance on negotiated cleanups

would depend upon the degree of support or opposition from reievant congressional committees . If EPA undertakes efforts to clean

up dump sites through a negotiation process like that described m

this recommendation . congressional committees should support and

encourage these efforts, recognizing that negotiated solutions tnevitably involve compromises .

11 . To promote achievement of its site cleanup management ob~

jectives, EPA should publish statements of its CERCLA policies,

such as conditions for undertaking voluntary cleanup negotiations,

procedures for public involvement in site cleanup decisions . and

site study criteria, in the Federal Register and allow for public

comment.

AUTHORIZATION OF APPROPRIATIONS

SUMMARY

The reported bill amends CERCLA to make clear that (1) the proposed extension is for a five-year period and a total of $7 .5 billion ;

and (2) the present structure assumes continuation of the current

law's ratio of general and special revenues .

DISCUSSION

After receiving testimony from the AdministraLor of the Environmental Protection Agency, other governmental officials and outside witnesses, the Committee concluded that the Comprehensive

Environmental Compensation and Liability Act should be extended

for five years at a level of $7.5 billion. Under current law . funding

for the program is derived from taxes on the chemical industry and

contributions from the general fund on a roughly seven-eighths

and one-eighth basis, respectively . Whether or not this ratio is continued, however, will be determined in part by the Committee on

Finance, which has jurisdiction over the taxing aspects of CERCLA .

For purposes of clarity, therefore, the reported bill amends section

303 to accomplish two ends:

First, establish the size of the Superfund program at $7.5 billion

over the next five years.

Second, provide $206 million in authorizations of general fund

appropriations, which assumes continuation of the current law's

ratio between special and general revenues .
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66 1

TITLE I I

ANIMAL FEED EXEMF-r[ON

SUMMAR Y

Title 11 of the reported bill contains a provision extending the

tax exemption contained in current law for nitric acid . sulfuric

acid, ammonia, and methane used to produce ammonia, when used

to produce or manufacture fertilizer, to those same compounds

when used as a nutrient in animal feed .

DISCUS-WA)k

Under current law the animal feed industry expects to pay a

little more than $1 million into the Fund in fiscal year 1985 . In the

event phosphoric acid were added to the list of chemical feedstocks

contained in Title Il of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 the cost to the

animal feed industry would increase sevenfold . however, therebv

sharply increasing the financial burden for livestock and poultry

farmers.

The situation posed by the manufacture of animal feed is very

similar to that for fertilizer. While the amount of revenue foregone

as a result of extending to animal feed manufacturers the same exemption currently accorded the fertilizer industry is minimal, taxation of these compounds when used to supplement animal feed

constitutes a burden on both the animal feed industry and the

American agricultural Sector which appears to be unnecessary .

HEARINGS

The Committee held two days of hearings, one of which was a

field hearing held at Newark, N.J. Testimony was taken from representatives of Federal, State, and local government agencies, environmental and business groups, the medical profession, the academic community, and private individuals .

ROLLCALL VOTES

Section 7(b) of rule XXVI of the Standing Rules of the Senate

and the rules of Committee on Environment and Public Works require that any rollcall votes taken during consideration of this bill

be announced in this report.

During the Committee's consideration of S. 51, there was one

rollcall vote taken . The result was announced during the Committee's open meeting. The tabulation of that vote is on rile in the

Committee office. A second rollcall resulted in a 14-1 vote to report

the bill. Voting in favor of reporting the bill were Senators Abdnor . Baucus, Bentsen, Burdick, Chafee, Domenici, Durenberger, Hart,

Humphrey, Lautenberg, Mitchell, Moynihan, Simpson, and Stafford. Voting in the neagative was Senator Symms .
p. 13

66 2

71)

EVALUATION OF REGULATORY IMPACT

In compliance with the requirements of paragraph I 11b, of rule

XXIVI of the Standing Rules of the Senate, the Committee has evaluated the regulatory impact of the legislation ,

The bill does not change, to aiiy significant, extent, the number

or groups or classes of individuals or activities presently z!ubJect to

the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980. Some provisions would have minimal -egUlatorv impacts .

Section 104(cX4) as modified requires that remedial action be selected according to certain specified criteria . This will require some

reguiatory and other amplification .

Amendments to section 105 require that the Administrator promulgate amendments to the National Contingency Plan to 'i, implement the requirements of this Act and 12) promulgate -imendment to the Hazard Ranking System . Neither is expected to create

any significant regulatory burdens.

~4ew section 103(i) requires that certain persons who manufacture or store any of a specific list of hazardous substances reports

to government agencies on the quantities of these substances they

handip and the quantities relased to the environment via various

wastestrearns. This reporting requirement applies to facilities with

ten or more employees that manufacture hazardous substances or

store hazardous substances in quantities greater than 6,000 kilograms.

COST OF LEGISLATION

Section 403 of the Congressional Budget and Impoundment Control Act requires each bill to contain a statement of tke cost of

such bill prepared by the Congressional Budget Office . That report

follows :

U.S. CONGRESS,

CONGRESSIONAL BuDGET OFFICE.

Washington. DC, Varch Li . .'9Y.3.

Hon. ROBERT T . STAFFORD , Chairman, Committee on Environment and Public Works. U.S. Senate, Washington, DC.

DEAR MR . CHAIRMAN: The Congressional Budget Office has reviewed .9 . 51, the Superfund Improvement Act of 1985. as ordered

reported by the Senate Committee on Environment and Public

Works, March 1, 1985.

S. 51 would authorize, amend, and expand Public Law 96-510 .

the Comprehensive Environmental Response . Compensation, --nd

Libility Act of 1980 (CERCLA). For fiscal years 1986 through 1990,

the bill would authorize general fund appropriations of S206 million annually to the Hazardous Substance Response Trust Fund

iSuperfund). plus any amounts previously authorized but not appropriated.

S. 51 would also create an experimental victim assistance demonstration program in states selected by the President, funded by up

to $30 million annually from the Superfund . In addition, each year

the lesser of $50 million or .5 percent of annual appropriations ~rom

the Superfund would be made available to the Agency for Toxic
p. 14

663

71

Substances and Disease Registrv tor health-reiated aCtIVIties . TI,,e

bill would also permit Superfun~ n1uney to be used to provide alter,

native water supplies in anv case invol ving groundwater conCamination from federal hazardous waste sites . Under current law, the taxes impo-,ed under CERCLA to fund

Superfund will expire September :10, 19S5 . S. 51 as ordered reported by the Senate Committee on Environment and Public Works

does not specify new tax provisions but rather states that combined

taxes and general fund appropriations over five years shall totil

S7 .5 billion . Assuming general fund appropriations of -S206 million

annually, tax rates would have to be set to produce 36 '7 bi!l;on

over five years in order to reach specified total . CERCLA author

izes the appropriation of any amounts in the fund, and this estimate assumes that all monies in the fund are appropriated each

year. The following table summarizes the budget impact of this bili .

assuming enactment of the necessary excise taxes .

BUDGET EFFECTS OF S . 51, ASSUMING TAX RA'ES APE SET TO PRODUCE S6 47 BILLION BY !S'K~

~ev fam oan I "Itan of d"111

sciencing effect

Estimated autharizalm WM 550 i .500 i 50 ~ Soo ~Ic

stimated outlairs :40 1 .070 1 360 ~,500 R-venue effect. Estimated rewues

Recetirts tram excise taxes i3o 1290 i "go :290 :90 Less incame, tax Out 320 32 0 ;?o 320

Net rewitim 970 970 970 970

MW. Estimated rewun .. .. ... ... .. .. . 970 970 973 370

Estimated Ulm . . 540 :070 1 .3661 : ~m

Estimated incruw or decre"I in defic-1 -430 100 290 ;3 0

The above estimates are relat~ve to current law and assume that

any new tax provisions would become effective October 1 . 19S6 . When compared to the C.130 scorekeeping baseline, the net revenue increase under S. 51 would range from $760 million in 1986 to

.S730 million in 1990. The increase relative to the baseline is snialler than that shown in the table above, because the baseline assumes extension of Superfund taxes at current rates.

Section 136 of the bill would set requirements for federal a.-encies in handling hazardous waste sites at federal facilities . Each

agency would be required to include in its annual budget request

sufficient funds to complete remedial actions at these sites . This is

not likely to result in a significent budget impact . because many

such actions are already underway . For example, $314 million was

appropriated to the Department of Defense in 1985 for this purpose. (The cost to clean up site-, on Department of Defense lands

has been estimated at about $1.6 billion through 1993 . Most of tile

clean-up by civilian agencies would fall under the jurisdictions of

the Department of the Interior and the Department of Energy

A number of provisions of S. .31 would affect the budgets of' state '

governments . The bill would amend Section 104 of the 1980 Act by

expanding the state credit provisions and by allowing states to

apply so-called window period (i .e . . January 1, 1978 through Decem-
p. 15

664

,2

ber 11, 1980) retroactive credits to any eligible site within the state . Based upon information from the EP~A, we estimate chat the application of the retroactive credit provision would result in about -S40

million in credits to the states .

In addition, S. 51 clarifies the definition of remedial action bv including in it up to the first five years of groundwater treatment. which current law treas as operation and maintenance . The effect

of this provision is to reduce potential COSES to states, which currently must pay for only a portion of remedial actions but 100 percent of long-term operating and maintenance costs . The potential

benefit could be substantial but is difficult to quantify . A rough estimate of savings to the states would be about $200 million over

five years, based on information from the EPA. This provision is

not expected to result in any new retroactive credits or refunds to

states, since it appears that none are currently paying for remedial

groundwater treatment at any Superfund site .

Finally, this bill would effectively repeal the provision of current

law that preempts state taxing authority by eliminating subsection

114(c) of the 1980 act. This provision would enable states to impose

any type of taxes necessary for purposes of recouping certain categories of state clean-up costs and related expenses .

If you wish further details on this estimate, we will be pleased to

provide them. With best wishes,

Sincerely,

ERIC HANNSHEK

(For Rudolph G. Penner).
p. 16

665

ADDITIONAL VIEWS OF SENATOR LAUTENBER G

Mr. Chairman, I would I I ke to coniniend you and our ranking nitnority member, Senator Bentsen, for sticking to a rigorous schedule fl~ir consideration of the Superfund reauthorization Approval ut'

S. 51 bv a vote of 14 to I sends a strong messaae to the Firiance

Committee and the Senate as a whole that we must make Superfund a top priority for early action this session .

The importance of an expanded and accelerated Superfund program cannot be understated. Citizens %%*ho live in continual fear.

fear of contaminated groundwater . air. and soil from Superfund

sites deserve to have this program implemented as quickly and effectively as possible . The sheer magnitude of the task . and the need

for the Environmental Protection Agency and the states to make

managerial and financial commitments without loss of continuttv,

requires that the Superfund program be reauthorized well before it

expires in October, 1985.

Superfund sites are being added to the National Priorit

- v

List at

an astounding rate . There are 538 sites currently on the list and an

additional 248 were proposed in October . The EPA estimates that

the list will grow to 1800 to 2500 sites in the near term . and cost

$11 .7 billion to $22.7 billion from the federal fund alone to clean

up. In a recently released report, the Office of Technology Assessment estimated that there are 10,000 or more sites that require

clean up at a staggering cost of S100 billion.

It is imperative. therefore, that EPA have adequate resources to

do the job ahead. While the Committee approved a funding level, of

$7 .5 billion, I believe that a higher level of funding, at least $10 billion, is needed to ensure that EPA not only continues its current

program but accelerates it in every way possible, including greater

delegation to the States . The Nationaf Governors' Association recently reaffirmed their position that -~9 billion is needed over the

next five years to accomplish the federal and state program goals

To compel the Agency to conduct the cleanup program at the fastest possible pace . targets for listing and initiating studies and

cleanup should also be adopted in the form of schedules . On February 18 . Committee conducted a Superfund Field hearing

in Newark, New Jersev which focused on the ability of federal .

state and local governments and communities to prepare and respond to releases of hazardous substances into the environment . In

response to a number of issues raised at the hearing, the Committee adopted provisions improving notification and penalties and establishing a national hazardous substance inventory . In addition.

the hearing built a strong record for emergency planning, including release prevention, containment, and countermeasure plans for

those handling substances that pose the greatest risk . However. inadequate time precluded the Committee from considering amendments in the area of prevention and emergency response. I took

(73)
p. 17

666

74

forward to working with other members of the Committee in deve!-

oping these amendments before the bill is put before the full

Senate for consideration .

The Superfund program. designed to prevent and respond to

acute and chronic releases of hazardous substances to the environment, is of vital importance to the American public. The terrible

tragedy in Bhopal, India was a grim reminder. Congress M111 .5L

renew its commitment to the program at the earliest possible time .

FRANK R . LAUTENBERG
p. 18

667

ADDITIONAL VIFWS (WSKNATOR SIMPSON

The Committee has now reported i bdt-~,ubstantiallv similar to

one we reported last vear-reauthoriziriv the Superfund -itatute . Although we have made certain improvements in this leizislation . I

~% i,,h to point out several problems that I feel remarn. Mv concerns

can be divided into two categories: -those that were tak e'n into account bv the Comnlittee-and those that I feel may not adequateiv

have been taken into account . My overriding concern, which I share with this Administration,

is tkat the Superfund may be asked to do so many things that it

v, ;Il not be doinq its greatest task as expeditiously as it mightthat -44reatest task", of course, is the clean-up of hazardous w .Iste

Sites . 14hile the bill somewhat limits the scope of the fund . I %vould

prefer an explicit focus on the primary goal . with more discretion

lel't to the Agency as to how it will accomplish that goal . 01' the provisions that were added during the last work up, the

new "C!tizen Suit" language concerns me greatly . It is representative of' the way in which laudatory goals can potentially disrupt a

program . There was never any suggestion that there was a need for

this new provision . Instead. it was mereiv assumed that there was

such a "need" . and now that "need" has 6een met .

The approach of limiting the provisions to "non-discretionary

actions of the President, particularly when decisions as to site remediation are excluded . appears reasonable . But soon there will be

cases that challenge interpretations of "non-discretionary" in the

attempt to make the tool more useful . Further, the presence of the

provision may encourage some to seek an increasing number of

non-discretionary actions to be placed into CERCLA. Another imoortant amendment to this bill was the addition of

Senator Mitch~ell's "Victim Assistance" provisions . designed to provide medical insurance for individuals alleging injury or disease as

a consequence of exposure to a hazardous substance . Although Senator Mitchell and I have sometimes found ourselves on opposite

sides of the fence on these issues, we do share a fundamental concern for the health of the people and a desire to determine . once

and for all, whether there is a major health problem arising from

these sites. We enjoyed working together on some of the amendment language. and he eventually decided to maintain some of the

language on which we had agreed. Nonetheless . in the end, I could

not cosponsor or support the amendment . I appreciated his Fine cooperation. Senator Mitchell's amendment is, in my judgment . much improved over earlier versions. But his improvements, particularly in

limiting what I considered to be ill-advised levels of benefits which

could disrupt existing health care systems . also served to refocus

(75)
P. 1 9

my thinking on the ultimate question which is Should wp, is a

ciety, allocate resources to compensate individuals . ibo%e ird

beyond what is generally available, solelv because they are injur~,-i

as a result of certain risks that are singl~d out on the basis )f poht .

ical muscle or immediate public concern .'

The other problem one faces in attempting to craft pohcv -.n thka

area of -victim assistance" is the causation question We ~ImDiv do

not have the present ability to link the alleged injury or Ii~ease )i

an individual with the exposure which allegedly ''caused" it Senator Mitchell's amendment is an admirable eCeort toward -nakin4

that link, but there remains an area of murky uncertainty that

will lead to problems ahead . if the program is eventuallv expandt2d

Although I have expressed the view that I could support a tiljht!~-

crafted program analogous to the Agent Orange approach Aork-ed

out by Senator Cranston and I on the Veterans' Committee iast

year, I have come to have doubts that such an approach iS reail

transferable to the broader context of hazardous substance tfXp()_- v

sure. While the legal and scientific questions appear disturbingly unfamiliar, the likely public policy outcome looks disturbingly familiar-and, as we are now learning in area after area in our government, the road back from trying to build up broken-down initiatives is not an easy one.

Finafly, I would like to express my concern over some of the

issues not raised during the work on this legislation-concerns

that, while pushed to one side for now, may well come to haunt us

as we review the contined effectiveness of the CERCLA program .

One such issue is that of the liability faced by potentially responsible parties at sites. Now that it has been held bv several courts

that a "strict, joint and several" standard may be applied . the question of whether a right of contribution exists has become critical

This legislation answers that question in the affirmative, and also

provides so-called "Contribution protection" to encourage parties to

settle. It is the hope of the EPA and Department of Justice that

the liability standard, combined with the new pre-enforcement

review language in the statute, will encourage voluntary clean-up

and expedited action generally .

At the same time we are hearing that "Transaction costs"-

economists' language for lawyers' fees and administrative costsare, in at least a few cases, approaching or surpassing the projected

clean-up costs at sites . Although such evidence now is merely anecdotal, it is nonethless disturbing . I do hope to learn more about this

in the months ahead; and will urge EPA and the Department of

Justice to inquire into the matter closely, and to share information

on the entire matter of transaction costs with the Congress .

I am pleased that the EPA is presently looking into these insurance issues, and that our Committee will soon hold a hearing to examine them. I would hope that we will listen to these new questions carefully, and be willing to carefully consider whatever implications may be suggested for the manner in which we have chosen .

as a society, to implement the urgent task of caring for and restoring our nation's remarkable treasures of nature .

ALAN K. SIMPSON .
p. 20

669

MINORITY VIFWS OFSFNATOR SYMM',-,

hi the end . [ niust vote u~ainst the bill is :t is to he roportt,o

from Committee-not because I am against the proL~r~im of cle .inini,~ up hazardous waste . but because I feel that we could ipproach

it more effectivelv At a time of billion-dollar deficits, therf, is niore

reason than ever to look at where our tax dollars Lire L:otng. We

have everv reason to think that this bill spends too MLIch mone

and will not achieve enhanced public health as part of' the bari,~Lli n

The Administration, led by the able Administrator of' the EPA . Lee Thomas, arvued stronk~lv that it simply could riot spend more

than the billion over -) years that it requested . Lee Thomas recentiv served as the head of EPA's solid waste program . and, in

light of his fine performance, I would have thought that his views

would have received special weight . Nonetheless, the Committee

voted to spend S7 .5 billion over the 5 years . Since this additional

money cannot be shown to contribute to better public health . I See

the Committee's action as merely enlarging the Federal bureaucracy . I would have wholeheartedly supported a budget at the level requested bv EPA. I must now vote against a level of' funding that is

so ineffectively high . Another trend that is continued, to the detriment of this legislation, is the unfortunate tendencv to add new resource requirements

to the fund. The problem is t~at the scope of the Fund has not

been narrowed and clarified to the degree that the Administration

sought and that I could support . The Fund continues to go beyond

cleanup with the inclusion of provisions such as victim assistance . History has shown us that the constituency of such programs has

not tended to shrink upon enactment, and I fear that this will be

no ex6eption. My ultimate concern is that in using so much of our

resources to determine whether there is a health problem arising

from these sites . we may find that clean-up is delayed-and whatever health problem there is will be exacerbated . On this matter of'

the expansion of the roles of the Fund, I find myself in concurrence

with the additional views of Senator Simpson.

STEVE SYMMS.

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p. 21

670

CHANCES t,4 ExISTING LA W

In compliance with section 12 of rule XXVI of the ~randin~,

Rules of the Senate, changes in existing law made by the hii! j

reported are shown as follows : Existing law proposed to be

is enclosed in black brackets . new matter is printed in italic, ',!x1 :;ting law in which no change is proposed is shown in roman :

PUBLIC LAW 96-51 0

AN ACT To provide for liabi!ity. compensation . cleanup. and -m,,rZpnc %

for hazardous substances released into the environment and the :Ieanup )t nac

tive hazardous waste disposal sites

Be it enacted b

'

v the Senate and House of Reprosentatues t t .ii e

United States of American in Congress assembled, That this Act

may be cited as the "Comprehensive Environmental Response . Compensation, and Liability Act of 1980" .

TITLE I-HAZARDOUS SUBSTANCES RELEASES, LIAMLITY . COMPENSATION

L,EFINITION S

SEC . 101 . For purpose of this title, the term116) "natural resources" means land, fish . wiidlife, biora, air,

water, ground water, drinking water supplies, and other such

resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States lin,71uding the resources of the Fishery conservation zone established

by the Fishery Conservation and Management Act of 1976).

any State or local government, [or] arv foreign government,

any Indian tribe, or, if such resources are subject to a trust restriction on alienation, any member of an Indian tribe :

(23) "remove" or "removal" means the cleanup or removal of

released hazardous substance-, from the environment . such actions as may be necessary taken in the event of the threat of

release of hazardous substances into the environment . such actions as may be necessary to monitor, assess, and evaluate the

release or threat of release of hazardous substances . the disposal of removed material, or the caking of such other actions as

may be necessary to prevent, minimize, or mitigate lamage to

the public health or welfare or to the environment, which may

otherwise result from a release or threat of release . The term

includes, in addition, without being limited to, security fencing

or other measures to limit access, provision of alternative

water supplies, temporary evacuation and housing of threat-
p. 22

ened individuals not otherwise provided for. (osts o/ perniarietit

relocallon of residents where it ts determined that ~uch p(,rma

rient relocation is cost elfectice or ma~ he nocessarv to protect

health or welfare. action taken under section 104(b) of this Act,

and any emergency assistance which mav be provided under

the Disaster Relief Act of 1974[3 In the (-(L,;(, ofu business Io.

cated in an area ofecacuation or relocation . the term ryza% ab~o

include the payment of those imstallments ot'principal a Ild interest on business debt which accrue between the date ofetlacu_

ation or temporary relocation and thirty (lays tollou.-triq the

date that permanent relocation u; artuall

'

v accomplished or. it'

permanent relocation is formallY rejected cv; the appropriate response. the date on ichich evacuation or temporarv relocation

ecases. In the case of an indiVidual unemploved ci a result of

such ei-acuation or relocation . it may also include the prot ision

of assistance identical to that authorized by sections ~W. ~W~.

and 409 of the Disaster Relief Act of 19,74' . PrOVided. That the

costs 1 VfSUC/L assistance shall be paid from the Trust Fund .

24) "remedy" or "remedial action" means those actions consistent with permanent remedy taken instead ofor in addition

to removal actions in the event of a release or threatened release of a hazardous substance into the environment . to prevent or minimize the release of hazardous substances so that

they do not migrate to cause substantial danger to present or

future public health or welfare or the environment . The term

includes. but is not limited to. such actions at the location of

the release as storage, confinement, perimeter protection using

dikes. trenches, or ditches, clay cover, neutralization, cleanup

of released hazardous substances [or] and associated contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or

replacement of leaking containers, collection of leachate and

runoff, onsite treatment or incineration . provision of alternative water supplies, and any monitoring reasonably required to

assure that such actions protect the public health and welfare

and the environment. as well as the offsite trarL,;port and off

site storage, treatment destruction of hazardous substances and

associated contaminated materials. The term includes the costs

of permanent relocation of residents and businesses and community facilities where the President determines that, alone or

in combination with other measures, such relocation is more

cost-effective than and environmentally preferable to the

transportation, storage, treatment, destruction, or secure dispq.~-

sition offsite of hazardous substances, or may otherwise be necessary to protect the public health or welfare[ .] : [The term

does not include offsite transport of hazardous substances, or

the storage, treatment, destruction . or secure disposition offsite

of such hazardous substances or contaminated materials unless

the President determines that such actions (A) art, more costeffective than other remedial actions. (B) will create new capacity to manage, in compliance with subtitle C of the Solid

Waste Disposal Act, hazardous substances in addition to those

located at the affected facility, or (C) are necessary to protect

public health or welfare or the environment from a present or
p. 23

potential ri~k which ma_~ h,, h~. turther t~xp,-,r- continued presence of' such ~ub~t,ince7~ or material' . ]

130) "territorial sea" and Contu:uous zone'' -~hall n, . meaning provided in section 7),12 or' the Federal WLIter Pf)1h;- tion Control Act[J :

~31) "national contiwencv plan rreans the nationai niingency plan published under -ec!ion C lic) of' the Feder,, : %v,iter Pollution Control Act or revised purs u'ant to -;ection :ij .-, ,I . .kl~,~ Act ; [and ]

1 :32) "liable" or "liability" under this title shall he :or~,rue~ to be the standard of liab~ilitv wri!ch obtains under se, :, .o n

ot the Federal Water Pollution Control Act[ ] , ~ .M) "Indian tribe" means an% fridian tribe . _~an(i . other organized group or cornmurittv, inriuidnL! uol~ Abz .~iL(l A'ative regional or village corporation . WhlCh LS IS eligible for the special programs and serious proutd,-(Y f ;1k, United States to Indians becawie ol'their status Qs frzdic!7,~, un d

1 .141) "alternative water supplies" includes . but is riot !zmit ed to. drinking ivater and household tvater supplies .

NOTICES, PENALTIES . AND I .VVENTOR Y

SEC . 103. (a) Any person in charge of a vessel or an offshore or an

onshore facilitv shall, as soon as he has k-now!edge of any release

iother than a (ederally permitted reiease' of a hazardous S-Lbstance

from such vessel or facility in quantities equal to or greater than

those determined pursuant to section 102 of this title . immediatel~ notify tl) the National Response Center established under the

Clean Water Act of such release . and (2), in the case of ariv 3uch release ot a hazardous substance with a reportable quantit% ot

o

ne pound or less or any re,euse of any other hazardous sub,5tarice in a quantity determined by the President by regulation to poten!:ail

-

" re qui.

re emergency response, all State and local emergenc.N resporse ficials identiried under any local contingency plan or otherwise

likely to be affected by the release. The National Response Center

shalf convey the notitication expeditiously to all appropriate Government agencies, including the Governor of any affected State.

(b) Any person-

(1) in charge of a vessel from which a hazardous substance is

released, other than a federally permitted release . into or upon

the navigable waters of the United States, adjoining shorelines . or into or upon the waters of the contiguous zone, or

(2) in charge of a vessel from which a hazardous substance is

released, other than a federally permitted release, which may

affect natural resources belonging to, appertaining to, or under

the exclusive management authority of the United States

(including resources under the Fishery Conservation and Management Act of 1976), and who is otherwise subject to the juris- diction of the United States at the time of the release, o r

(3) in charge of a facility from which a hazardous substance

is released, other than a federally permitted release, in a quantity equal to or greater than that determined pursuant to section 102 of this title who fails to notify immediately the appro-
p. 24

673

81

priate agency of th-e United States Government (or, in the case of a release to which subsection la*2) applies. any appropriate

State or local emergency response official) as soon as he has

knowledge of such release shall, upon conviction, be Fined not

more than [$10,000 or imprisoned for not more than one year,

or both-3 $25,000 or imprisoned for not more than two

-

years,

or both (or in the case of a secona or suosequent conviction.

shall be fined not more than $50,000 or imprisoned for not more

than live years, or both). Notification received pursuant to this

paragraph or information obtained by the exploitation of such

notification shall not be used against any such person in any

criminal caw . except a prosecution for perjury or for giving a

false statement .

(dXD ~he Adm*inistrato*r of the Environmental Protection Agency

is authorized to promulgate rules and regulations specifying, wit~

respect to-

(A) the location, title, or condition of a facility, an d

(B) the identity, characteristics, quantity, origin, or condition

(including containerization and previous treatment) of any hazardous substances contained or deposited in a facility ;

the records which shall be retained by any person required to provide the notification of a facility set out in subse--tion (c) of this section. Such specification shall be in accordance with the provisions

of this subsection.

(2) Beginning with the date of enactment of this Act . for fifty

years thereafter or for fifty years after the date of establishment of

a record (whichever is later), or at any such earlier time as a

waiver if obtained under paragraph (3) of this subsection, it shall

be unlawful for any such person knowingly to destroy, mutilate,

erase, dispose of, conceal, or otherwise render unavailable or unreadable or falsify any records identified in paragraph (1) of this

subsection. Any person who violates this paragraph shall. upon

conviction, be fined not more than E$20,000,] $25,000, or imprisoned for not more than one year, or both.

(g)(1) In addition to any other relief provided, whenever on the

basis of any information available to the President the President

rinds that any person L.s in violation of subsection (a) or 1b) of this

section the President may assess a civil penalty of not more than

$10,000 for each failure to notify the appropriate agency. The nalty under this subsection shall increase to not more than S25W for

a second violation by the same person, not more than $50,000 for a

third violation by the same per-son, and not more than $75,000 for a

fourth or subsequent violation by the same person.

(2) No civil penalty may be assessed under this subsection unless

the person accused of the violation is given notice and opportunity

for a hearing with respect to the violation.

M In determining the amount of any penalty assessed pursuant to

this subsectiom the President shall take into account the nature, circumstances, extent and gravity of the violation or violations and .

with respect to the violator, ability to pay, any prior history of such

IL
p. 25

67 4

,2

i iolations. the degree of culpabilav. ecorornie ho-pielit )r ~t;

an,., resultziu! frorn the utolation, u'nd such other mutter,;

rnaN require

( .4"AnY person against ichorn a civil penalt .-, i-s (i.ssessed

iabsection mav ohtain reuiew thereof in the appropriat,,

court ot the United States bv tiling a notice ol'uppeal m

within thirtv daYs 1rom the date rf such order und h,,

tv sendina a copy of such notice by certified mail to the P'~"I("'

The President shall pr;,mptlY file in such court a certiped , ow, r

the record upon which such violation was /'ound or such penail . -7?

posed. If an-v person t~tls to pa

-

y an assessment ot' a cit il ;)t-, t!, ;

after it has become a final and unappealable order or at'ler (he

propriate court has entered final judgment in fi2t,or ()/' the (I

States. the PreSLdent ma

-

v request the Attorne_~, General .)I

United States to institute a Civil action in an approp-tat, i is 17!,

court of the United States to collect the penaltY. and ;u, i, rt

shall have jurisdiction to hear and decide an

-

v such action, In

ing such action. the court shall have authorit v to review tho utoia,

tLon and the assessment of the civil penalty on the record.

,-i) The President may issue subpoenas for the attendance an(i 1"stimony of witnesses anii the production of relet-ant papers. books . or

documents in connection with hearings under this subsection . in

case of contumacy or refusal to obey a subpoena issued pursuant to

this paragraph and served upon any person, the district court ot* the

United States tbr any district in which such person is found. resides. or transacts business . upon application b

-

y the United States

and after notice to such person . shall have jurisdiction to issue an

order requiring such person to appear and give testimonv before the

administrative law judge or to appear and produce docume,!ts

before the administrative law judge, or both. and anv failure to obev

such order of the court muy be punished by such court as a contempt thereof

(6) Action taken by the President pursuant to this subsection ihall

not affect or limit Me President's authority to enforce an

'

y prnt-L.~ir.ri

of this Act: Provided, however. That a failure to notify the appropriate agency which is penalized administraticel

-

y under this ;ubsection shall not be the subject of a criminal penalty under subsection

(b) of this secti

(h)(1) Each 1~_ility owner or operator that (A)(0 manufactures a

hazardous substance (as defined in section 101(14) of thu, Act~, or

(ii) stores six thousand kilograms ot more of such hazardous substance. and (B) has ten or more full-time employees. shall complete

and distribute a Hazardous Substances Inventory form as published

under paragraph (2) of this subsection within 190 days after he enactment of the Superfund Improvement Act of 1985 and euer-v

twenty-four months thereafter, or more often as changed circumstances require. For the purposes of this subsection, a mixture containing more than I per centum of any hazardous substance covered

by this section shall be considered a hazardous substance .

(2) The P~esident shall publish the Hazardous Sahstances In ven -

tory form in the Federal Register within sixty days after the date of

enactment of the Superfund Improvement Act of 1985. Publication

of such form shall be exempt from the requirements of the Paper-
p. 26

675

83

uork Reduction Act and Office of Management and Budget Circu .

lar A-40 (title .5 of the Code of Federal Regulations . part 1320).

(J) The Hazardous Substances Inventory form shall provide for

submission of the following information for each hazardous substance:

(A) the description of the use of the hazardous substance at

the facility, including, but not limited to, the quantity of the

hazardous substance produced or consumed at such facility;

(BI the maximum inventory of the hazardous substance stored

at the facility. the method of storage, and the frequency and

methods of transfer,

(C) for each of the following, the annual and monthly total

emissions or discharge of each hazardous substance for the calendar year immediately preceding the*submission of the Hazardous Substances Inventory form:

W the stack or point-source emi

.

ssions;

(ii) the estimated fugitive or non POLnt.source emissions of

the hazardous substances,

(iii) the discharge into the surface water or groundwater,

the treatment methods, and the raw wastewater volumes

and loadings ; and

(iv) the discharge into publicly-owned treatment wor4-

(D) the quantity and methods of disposal of any wastes containing the hazardous substance, the method of onsite storage

of such wastes, the location or locations of the final disposal

site of such wastes, and the identity of the transporter of such

wastes;

(E) the month and year that the information on the Hazardous Substances Inventory was compiled and the name, address,

and emergency telephone number of the person responsible for

preparing the information.

For the purposes of this paragnaph, facility owners and operators

may utilize readily available data collected pursuant to other State

and Federal environmental laws.

(4) Each person who submits a form pursuant to the requirements

of this subsection shall attach thereto a copy of the Material Safety

Data Sheet, required pursuant to the Occupational Safety and

Health Act, pertaining to the hazardous substance that is reported

in the form.

(5) The Hazardous Substances Inventory shall be distributed by

the facility owner or operator to, at a minimum, the President,- State

and local emergency and medical response personne4- the State

police, health and environmental departments ; area police and fire

departments; area emergency medical services, area hospitals; and

area libraries.

(6) The President, for the purposes of this subsection, shall establish a toll-free telephone number, operating twenty-four hours per

day, that is computer accessible, to respond to telephone inquiries

concerning the Hazardous Substances Inventory and the information contained therein. Within sixty days of establishment of such a

telephone line, the President shall inform appropriate State and

local officials.
p. 27

t,-#A) The President nia

- N

t,erlfv t1jj7 data contairiod ,/z ho , ous Substances Inventorn, 16rm uqiniz the authoritv of, ~e(tlorz "o" of t h is A c t .

(B) Information submitted under this iubsection iliall be !rpf~t',i

as in/brmation submitted under section 10~ie) and shall be ;uhl-ect to the provisions of sertiov 104tpie2 i

18) An

-

v person ti-ho kroccinal

- v

omits ma

'

lerial ,af,)rnjatj,rj ,r

makes an

-

v false material statement or representation in the Ha_(jr(jous Substances Inventory, shall . upon convict :nn. he lined not more than S25.000 or impruoned for not more than ine %par. or hoth .

(9) Nothing in this subsection sizall be construed to limit th e

ity of any State to require submission ofinforniatton reiate(j to ~a_ ci~dous substances, or to require additional diitrib,itzon of the Ha_- - ardous Substances Inventory form from 16cilities operati .-zc iz ithin its borders.

4)(1) Every two -years a,~'ter the dute of enactment of* the Su

'

Derrl.,nd Improvement Act of !98,5, the National Toxicology Proara,?t, in LOn- sultation with appropriate Federal agencies. shall review neu and

existing chemicals and compile a list of substances to supplement

those referred to in subsection (h), taking into account, at a mini- mum. the reactivity, toxicity, volatilit

'

v. carcinoaenicit

'

Y. mutagenic- i

.

ty teratogeni.ci.

ty, neurotoxicity, and production levels of the chemi- cai.

(2) Within one hundred and eighty days after publication ol'the

list compiled by the National Toxi~oiojy Proaram. the President shall promulgate such list of substances as those requiring prepara- tion and distribution of the Hazardous Substances Inventory uzder

this Act, uniess the President demonstrates that a particular hazardous substance does not present a risk equal to or greater than

those substances referred to in subsection OLAR In the event hat the President decides not to list a hazardous substance. the President shall, with opportunity for public notice and comment . tute the basis on which the hazardous substance uas not considered to

present a risk suflicient to warrant preparation and distribution of

the Hazardous Substances Inventory .

RESPONSE AUTHORITIES

SEC . 104. (aXD Whenever (A) anv hazardous substance is released

or there is a substantial threat of such a release into the envirohment, or (B) there is a release or substantial threat of release into

the environment of any pollutant or contaminant which mav

present an imminent and substantial danger to the public healtk

or welfare, the President is authorized to act, consistent with the

national contingency plan, to remove or arrange for the removal of, and provide for remedial action relating to such hazardous substance, pollutant, or contaminant at any time t including its removal from any contaminated natural resource). or take any other rpsponse measure consistent with the national contingency plan

which the President deems necessary to protect the public health

or welfare or the environmentl,3 . [unless the President deter- mines that such removal and remedial action will be done properiv by the owner or operator of the vessel or facility from which the

release or threat of release emanates, or by any other responsible
p. 28

83 1

99TH CONGRE~4 S

I S T S ESS 10 N S951

[Report No. 99-731

To extend and amend the i'ornoreriensive Environmental Response .

('ompensatiori . and LiabditY A'ct of 19xo . and :or other purposei .

LN THE SENATE OF THE UNTITED STATES

JANUARY :3 . 19S 5

.Nl r -STAFFORD ifor himself . Mr. CHAFEE . Mr - f-RENBERGEa . Mr. HUMPHREY,

Mr. HART. Mr. MOYNIHAN . Mr. MITCHELL . Mr. BAUCUS. Me . LAuTENBERG, Mr. CRASSTON . Sir. BENTSEN . Mr. BRADLEY. and Mr. LEAHY) introduced the following hill : which was read t%rice and referred to the Comrruttee

on Environment and Public Work s

MARCH Ti (leeislative day . FEBRUARY 18), 1985

Reported by Mr. STAFFORD . %ith an amendment

[Strike out ail after the enacting clause and insert the part printed in italic ]

APRIL 13, 198 5

Ordered . referred to the Committee on Finance for the purpose of considering title

U of the hill and an

'

y proiasions relating to revenues for the Hazardous Sub .

itance Response Fund

MAY 23 (legislative day, APRIL 15), 1985

Reported by Mr. PACKWOOD, %ith amendments

,Omit the part in boldface ~rackets and insert !he pan in bold roman j

MAY 24 (legislative day, APRIL 15). 198 5

Ordered, referred to the Committee on the Judiciary for a period not to extend

be

'

vond June 14, 1985, for consideration of section 126 . section 132, section

133, and, insofar as it mav affect the Federal courts or relates to claims

against the United States, section 138
p. 29

-32

A BILL

T, A ~hl' Km 1*'11'11~1'11t'l~ Ret 'l [towl"I i)q th" ."~Ilfllt 'lloi Hmi- ,I' ll',w, - !,!q .

4 '~f ' i

H+I- -Vt-+ ! 1 t ! k 4e F0 1 t' F r H+ " ~4e 1 0 t F i t: i i i 4 11 t 11 F N

4 mew -Ve+ 4 Hix-A" .

T Vp 1:1 1; 1

*eetiom 44 4 4;w

f 4 1 i it e Ett1 Rt p w e. l4w pe wa tt E iHH. *o4 Litt ~i 1 ifY Av+ 4

tt lite 114 4

ifiltim- ~4e pefii+4 tt+ ~4e e+4 4 pttF!tgrttpi 4

12 *m4 a4t4im- * ite% paFeepaph at-~ iellew!a!

13 "i-2,A0 *lmdomlq Hibe: mettils *fw 1141m K4K14 AttfiOll . +0 PA~ OFilRoke gfoup ff eem!,atw4v . imt!44

1 .5 ifte *Ry AittAia !4,miN-e 44ge 4tt+ tiot itteludin- &fw

16 Alaska Native Fegitafkal &F VAOr @@FP8Fftfi@ft . Whieh i'R

1 _4 reeognited ae e4gitMe ior Owe ffl)eei&4 progmFos *ftd

is serviees pi-evided by 4te i;vtite States to im'Jimm', 6e19 ew&@e 64 4W4 9faftts fte lllgiftftq~ ffkdLL'

20 in paragpap 464 iw strikift ~~ 14e 6*

21 *ime 4 &PpeRF9 &*4 iW iftSePtiN beiere the gemieelon

OS St FM
p. 30

883

53

1 any failure to obey such order of the court may be punished

2 by such court as a contempt thereof.

3 "(6) Action taken by the President pursuant to this sub4 section shall not affect or limit the President's authority to

3 enforce any provision of this Art: Provided, however, That a

6 failure to notify the appropriate agency which is penalized

7 administratively under this subsection shall not be the subject

8 of a criminal penalty under subsection (b) of this section . ".

9 (d)(1) Section 103(d)(2) of the Comprehensive Envi10 ronmental Response, Compensation and Liability Act of

11 1980 is amended by striking "$20,000" and inserting

12 "$25,000" in lieu thereof.

13 (2) Section 106(b) of the Comprehensive Envirt.nmen14 tal Response, Compensation and Liability Act of 1980 L'3

15 amended by striking '15,000" and inserting "$10,000" in

16 lieu thereo f

17 HAZARDOUS SUBSTANCES INVENTOR Y

18 SEC. 106. Section 103 of the Comprehensive Environ19 menial Response, Compensation and Liability Act of 1980,

20 as amended by this Act, is further amended by adding after

21 "Notice, Penalties" in the title to section 103: ", and Inven22 tory" Section 103 is further amended by adding at the end

23 thmof the following new subsections :

24 "(h)(1) Each facility owner or operator that (A)(i) man25 ufactures a hazardow iubstance (as defined in section

26 101(14) of this Act), or (ii) stores six thousand kilograms or
p. 31

884

34

1 more of such hazardous substance, and (B) has ten or more

2 full-time employees, shall complete and distribute a Hazard3 ous Subitances Inventory form as published under para.

4 graph (2) of this subsection within 180 days after the enact.

5 ment of the Superfund Improvement Act of 1985 and every

6 twenty-four months thereafter, or more often as changed cir.

7 cum3lances require . For the purposes of this subsection, a

8 mixture containing more than I per centum of any hazardous

9 substance covered by this section shall be considered a haz10 ardou3 substance.

11 "(2) ne President shall publish the Hazardous Sub12 stances Inventory form in the Federal Register within sixty

13 days after the date of enactment of the Superfund Improve14 ment Act of 1985. Publication of such form shall be exempt

15 from the requirements of the Paperwork Reduction Act and

16 Office of Management and Budget Circular A-40 (title 5 of

17 the Code of Federal Regulations, part 1320).

18 "(3) 77ie Hazardous Substances Inventory form shall

19 provide for submission of the following information for each

20 hazardous substance :

21 "(A) the description of the use of the hazardous

22 substance at the facility, including, but not limited to,

23 the quantity of the hazardous substance produced or

24 consumed at such facility,
p. 32

885

55

-(B) the maximum inventory of the hazardous

2 substance stored at the facility, the method of storage,

3 and the frequency and methods of transfer;

4 "(C) for each of the following, the annual and

monthly total emissions or discharge of each hazardous

6

substance for the calendar year immediately preceding

7 the submission of the Hazardous Substances Inventory

form:

9 "(1) the stack or point-source emissions,

10 "(11) the estimated fugitive or non pointI I source emissions of the hazardous substances ;

12 "(111) the discharge into the surface water or

13 groundwater, the treatment methods, and !he raw

14 wastewater volumes and loadings ; and

15 "(10 the discharge into publicly-owned treat16 ment works :

I -, "(D) the quantity and methods of disposal of any

is wastes containing the hazardous substance, the method

19 of onsite storage of such wastes, the location or loca20 tions of the final disposal site of such wastes, and the

21 identity of the transporter of such wastes;

22 "(E) 'he month and year that the information on

23 the Hazardous Substances Inventory was compiled and

24 the name, address, and emergency telephone number of

25 the person responsible for preparing the information.

03 51 M2
p. 33

886

36

I For the purposei of this paragraph, facility owners and oper2 ators may utilize readily avallable data collected pursuant to

3 other State and Federal environmental laws.

4 "(4) Each person who submits a form pursuant to the

3 requirements of this subsection 3hall attach thereto a copy of

6 the Material Safety Data Sheet, required pursuant to the

Occupational Safety and Health Act, pertaining to the haz8 ardous substance that is reported in the form .

9 "(5) 77ie Hazardous Substances Inventory shall be disio tributed by the facility owner or operator to, at a minimum,

11 the President; State and local emergency and medical re12 sponse personnel ; the State police, health and environmental

13 departments; area police and fire departments; area emergen14 cy medical services; area hospitals; and area libraries.

13 "(6) The President, for the purposes of this subsection,

16 Mall establish a toll-free telephone number, operating twenty17 four hours per day, that is computer accessible, to respond to

18 telephone inquiries concerning the Hazardous Substances In19 ventory and the information contained therein. Within sixty

20 days of establishment of such a telephone line, the President

21 shall inform appropriate State and local officials.

22 "(7)(A) The President may verify the data contained in

23 the Hazardous Substances Inventory form wing the author24 ity of section 104(e) of this Act.

*S M RU
p. 34

887

5 7

1 "(B) Information submitted under this subsection shall

2 be treated as Information submitted under section 104(e) and

3 shall be iubject to the provisions of section 104(e)(2) .

4 "(8) Any person who knowingly omits niaten'al infor5 mation or makes any false mater'ial statement or representa6 tion in the Hazardous Substances Inventory, shall . ipon

i conviction, be fined not more than $25,000 or impnsoned for

8 not more than one year, or both .

9

"(9) Nothing in this subsection shall be construed to

10 limit the ability of any State to require submission of infor11 mation related to hazardous substances, or to require addi12 tional d;stribution of the Hazardous Substances Inventory

13 form from facilities operating within its borders.

14 "(i)(1) Every two years after the date of enactment of

15 the Superfund Improvement Act of 1985, the National Toxi16 cology Program, in consultation with appropriate Federal

17 agencies, shall review new and existing chemicals and com18 pile a list of substances to supplement those referred to in

19 subsection (h), taking into account, at a minimum, the reac20 tivity, toxicity, volatility, carcinogenicity, mutagenicity,

21 teratogenicity, neurotoxicity, and production levels of the

22 chemical.

23 '4(2) Within one hundred and eighty days after publica24 tion of the list compiled by the National Toxicology Program,

25 the President shall promu~gate such list of substances as
888 p

. 35

38

1 those requiring preparation and distribution of the Hazard2 ous Substances Inventory under this Act, unless the Pre31-

3 dent demonstrates that a particular hazardous substance does

4 not present a risk equal to or greater than those gubstences

5 referred to in subsection (h)(1). In the event that the Pre31_

6 dent decides not to list a hazardous substance, the President

7 shall, with opportunity for public notice and comment, state

8 the basis on which the hazardous substance was not consid9 ered to present a risk sufficient to warrant preparation and

10 distribution of the Hazardous Substances Inventory .

11 SCOPE OF PROGRA M

12 SEC. 107 (a) Section 104(a)(1) of the Comprehensive

13 Environmental Response, Compensation, and Liability Act

14 of 1980 is amended by striking that language between the

13 word "environment" the third time it appears and the period

16 and inserting in lieu thereof a period and the following. "The

17 President shall give primary attention to those releases which

18 may present a public health threat. The President may au19 tho?ize the owner or operator of the vessel or facility from

20 which the release or threat of release emanates, or any other

21 responsible party, to perform, the removal or remedial action

22 if the President determines that such action will be done

23 properly by the owner, operator, or responsible party ".

24 (b) Section 104(a) of the Comprehensive Environmen25 tal Response, Compensation, and Liability Act of 1980 is

26 amended by adding the following new paragraphs :
p. 36

99TH CONGRESS HOUSE OF REPRESENTATIVES REPT . 99-253

Ist Session I I Pan 5

SUPERFUND AMENDMENTS OF 1985

NovEmBzR 12, 1985 . --Committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

Mr. HOWARD, from the Committee on Public Works and

Transportation, submitted the following

REPORT

together with

ADDITIONAL, DISSENTING, AND SUPPLEMENTAL VIEWS

[To accompany H.R. 2817 which was divided and referred to the Committee on

Energy and Commerce, the Committee on Public Works and Transportation, and

the Committee on Ways and Means)

[Including cost estimate of the Congressional Budget Office)

The Committee on Public Works and Transportation, to whom

was referred the bW (H.R. 2817) to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and

for other purposes, having considered the same, report favorably

thereon with an amendment and recommend that the bill as

amended do paw.

The amendment strikes out all after the enacting clause of the

bW and inserts a new text which appears in boldface roman type

in the reported bill .

INTRODUMON

Hazardous waste contamination of the Nation's ground and surface water resources has become perhaps the most significant and

troublesome water quality problem facing the country for the remainder of this century. With the ability to render vast quantities

of water unfit for use without treatment, toxins that leach and

flow thousands of active andLabandoned waste sites all across the

Nation pose costly and often controversial cleanup and public

health problems for government officials at all levels .

(2509)
p. 37

SUPERF'UND IMPROVEMENT AC7 most L3 more money and more rime

OF 1985 Those are the two essential -!-rr~rts

The PRESIDING OFFICER. Under )(S. 51 .

the previous order . the hour of 10 a m F' RPI)SA AND SUMM.411 Y

having arrived . the Sens .e AiJ now S 51 . as amended, amends *ne Corn

proceed to the consideration of S 51 prehens-ve Environmental Respor-se

for Purposes of debate only . Compensatinn. and L;acility Act of

The clerk Will State the bill by ti,!e 1980 to provide 37 5 billion in adaltiOn

The Lsiststant :egislallive clerk read &I funding over a 5 . year period .

as follows : The overriding purpose of S 51 is '~o

A bill (S. 51) to extend Ind arrend me expand and accelerate the F~deral

comprehensive Environmental Resoonse Governments Program to ciean ip

Compensation. and LiatillitV Act 01 L980. and otherwise Protect the PuDlic

LM for other purposes . health and envirorinenc from releazes

The Senate proceeded to consider of hazardous substances and wastes .

the bill which had been reported from To this end . S . 51 not only pro~ ides adthe Corranittee on Environment and ditional money and time . but maKes

Public Works, anth an amendment to changes in the law which Lrnprove Lne

strike out all after the enacting clause . pace and direction of those cleanup efand insert the following . and from Uw forts.

Committee on Finance. with Lridecid- I hope additionsi imorov-!ments czLn

n3anLL a& follows: be made on the noor through a series

of amendments I intend to offer. Title

I of the bill establLshes cleanup stand-

(NOTE .-The bill, as Lrds to be applied so that human

reported, is previously health and the environment is protected in every circumamrice: a health proreproduced and may be gram to assure that at each Superfund

found at p . 831 .1 site a thorough review and assessment

Or * Ar A, is made of the thrests posed to huma n

heialtM a chemicals testing program to

develop adequate iriformation on fre .

Mr. STAPMRD. Mr. President. the quently encountered hazardous subbiLl mv before the Senate has been st.Ln es; and a grant program to assist

considered by Weie committees: The States that wish to establish demonCommittee on EnvtroninenL and stration systerns of assistance for vic .

Publie WorkL which I am privileged to ti=a of hazardous substances and

chaar. the Committee an Finance : and, waste&

the Committee an Judiciary . 1

Lm BACKGROGWD AAD W=

pleased to Say that S. 51 was dis- The modem chemicals technology charged from one of those committees which has contributed so greatly to

Lad mported favorably from each of this Nation's standard of living has the other two with only one dissenting also left a legacy of hazardous sub- vote. stances and wastes which pose a seri- This bill enjoys broad support ous threat to human health and the among both Members of the Senate environment . By some estimates . there and outsi& limps with an interest in Lre over 20.000 abandoned hazardous the Superfund Procriam . One reason Waste sites in the United States. In this bill enjoys Such Support LZ beC&4Se large areas. drlnklng water supplies it is a moderate Proposal which makes are contaminated by synthetic organic only modest changes In a vitally neces- chemical& including a large number of sary law. supplies which rely upon groundwater. The reason we are proposing only a resource generally thought to be

modest changes is because Superfund safe fmM COntarruruLLIon. Unfortu .

is a fundamentally sound law which naLely. the Enyworunental Protection now is wor" well. What it needs
p. 38

,)97

Ov avoiding delay due to "O'bate 0~'r M.r LAUTEKBERG Mr P-Isid,-nt.

the exIsteriM 0( endangerment Thum I am vpry pieSAed to rise in support )(

new 1044b) will increiice the likphrinod S 51 the SuPeffund IMPI`10%ement Ac-t

that private pOrTIM Will RRT"- to Con- of 1985 . [t Ls a special WeLsure for me

dtirt the RI FS L40 stand In the well 'OdILY. as th e

Also . the Go6ernment 9 oversight can Senate turns to consideration of this

be most effectitelY conaacted ~-Iri 13,11 . Since joining the Committee . I

parties concluming the RI, FS are have had no nigher Driartty than

jpct to an administrUlve order, seeing the Senate Strengthen and

Finally . private party conduct of the elctend the SuperfUnd Progrilim. RI/FS and cleanup will free (19) Gov- Funding for the Superfund Program

tormffwnt resources to address other will expire in Just L4 days . Superfund

Sites . revenues ar* virtually depleted and

rebelil" Ltcp rikov g Sionli the L-rivironmental Protection Agenc-f

The provisions of S. 51 as reported has essentially shut down the pro-

,&ould impose s, Federal lien for Gov- gram . It will obligate no new funds for

eminent response costs on rrsil proper. cleanup at our toxic waste sites until

Ly subject to a Superfund cleanup. A the Congress reauthorlizes Superfund .

statutory lien would allow the Federal We are at the I I th hour and we must

Goverimacat to recover the enhanced act promptly to minimize disruption to

vVur of the property shd thin prevent the SupWund Prisgraim .

the owner of the PrOPertY from realtz- Anticipating this potential situation .

in% a wu2df&H from fund cleanup and the senior Senator from Vermont

restoration activities . The lien would brought a Superfund extension bill up

be perfected as a( the date security in- in the En7ironment and Public WorKs

Lereat holders learnecill. or should have Committee in 1984. With his leaderlesurned, of the commencernent of a ship, the committee reported a bill to

Governmen, response action at a Su- the full Senate for corisideration last

perfund siga. year. before we adjourned. Unfortu4e,w section 107(m) does not specify nately, that bill was never scheduled

what pnwltlr a Superfund lien would for Senate action.

have with JeWeic td other lien& or se . Mr. President. Senator S-rAPPORD inrtirity triterests . This will allow the Lroduised S . 51 on January 3 . 1983, the

courts to decide the relative priority of very first day of the 99th Coneress, to

a Superfund lilets. try and ensure that the clocl would

Mr. President . the Will now before not run out on Superfund. I was proud

the Senate Is the product of 13 to join him as an original coscionsor.

months of concerted effort by the The Senate Environment and public

Committee on Environment and Worm Committee approved this bill

Public wafts. together wnfi 5 years of on March 1 . But it has taken almost I

over"M of the Superfund Program Months for S. 31 to Make Its way

There has not been jany period of tune through the Sensate PlImunce and Judisum the data of Superfund's en=t- ciary Committees. arid to the SersAe

ment on December 11 . 1990. to today rloar. ThAx delay tat consideration of S.

that the carnmitt" has not devoted 51 . and the fallure of the Rouse of

attention to the Important and new Representatives to a9peave a Super.

undertaking by the Envirillinmental fund authormikillon bJJL makes it cer.

Protection Agency. After a

difficult tain that we vAll have to Lake 3orrw

and U timse controversial begl1nnine, tmpontry action to keep the program

the program has gathered momentum &live . unUI we can final= a bill and

and Is soundly managed. This bill will send it to the President for hLs sigrmhelp Increase that momentum and ture.

cure the few naws which the commit . However. Mr. President . we would

tee has uncovered s&m 1960. This bill not be here today. considering this

deserves the full support of every bill. if it were not for the diligence .

Member, reWdless of philosophy or concern . and persistent efforts of my

party, and t hope and believe each of colleague from Vermont. Senator

you will agree. STA"ona. chairman of the EnvironMr. Prestident. I yield the near. ment and Public Works Committee .

Mr. LAU71MERO addressed the I want to take this Opportunity to

chair. express my appreciation to the SenaThe PRZSMfNG OMCZ3L The tor from Vermont. my esteemed chAurSenator from New Jersey. miuL for his unvi*veruW Support for
p. 39

998

oringing this bill before tme Senate . I It .e Go%, rnn,nL is . .. . . . .. r

commend him for his efforts . ILY arc the pictic is nc,

In this. Mr President. Senator STkr- (!`W~Lrat.ud and angr*y I ~-Propo g6a3 joined by the aLSLinguisned ~noullh money ~Lt '

ranking tninonty member of the Envi- ill*.( Is to make a dem in the -n

ronment and Public Worxs Comaut- In adctiuon. n Lne 5 ~car 3

tee . the Senator from Texas. Senator had eKpcrtcnce ~ah ',te

Beprrst .m . who has played a critical role Protram . as w-il a~. the Def. r~c

in shaping the bLU before us in both :)-aitment.3 toxic Aate c!,,An[ :p

the Environment and Public Works xrarri . ~e ha'.e denLif-I

and Priance Committees . I would also ~IIICII ',AtY MUA be 3

like to commend the chairman and n p ro ~ eJ .

rankibig ffunonLY member of the Envi- It is ', :Ine to rno~e Llj_~er. -,o

ronmental PolluUon Subcommittee ni,ironmeriL of t~ie toxics 'nai a7e c,

Sensiltan CmAru and MiTcHeu- uW soning our land and %ater . ar,d r`-r~-A[

other members of the committee anx- ening our c ;,. ;7ens . -7haE LS In ,

ious to see Senate action on this bill.

~zon and :rnorovernant or , h,,

for their support of the committee fund Program is so =P~rtant to N,

leadmhip In moving this bill through Jersry and the Nation.

committee . Many of these members Mr. Presicicrit . S . 51 pro%!des

would be here this morning were it not over the nelKE 5 vears for t .-, e

for a very important markup which is fund PrOgMrn of 37. 5 b,!!ior 7~~re

taking place in the Ftnance Commit- than four times sz much u ~:~ .-;,

tee . on which they ILL30 serve . rent Superfund Program. F,.;noi7,c %

be derived from two sources kn

The staong support S. 51 enjoys in tax is iev

.

ed on manulaczur~rs ~na-,

the Senate is evidenced by the f=t have sales recetpLs of more Inan $3

that 63 of my colleagues joined me in m0lion per year In rnanufa,-Lr,j

a letter. wtUch I

authored earlier this goods or raw materials . This nroad .

yea.r to Senator DOL& the majority based tax would raise aPprox

:rnate!~ leader. urging him to schedule the Su- 36 billion of the 37 .5 billion of zhe ex

perfund Improvement Act for full panded fund

. I supported the effcr-.s

Senate acuou. of Senators a rv. rs L-N . MITC*HELL .

Mr. Fresident. the cleanup of &ban- CHArirr. BR"Lrlr. and others. on tne

don,lid toxic waste sites is a pressing Pinjuice Committee, to devetop a

national need and it is a t4p prwrity broader based Lax to help pay for an

for New Jersey. In no other State is "XPLrided Superfund.

the Superfund Progr= more unpor. The remaining SI .5 billion would be

Lluit. FuHy 99 of the &SO sites on the raised through !in extended tax on

National Priority List for Superfund fePdstocks and petroleum . Additionai

cleanup are in New Jersey . The roost nioneys would he added to the fund

dangerous site in the country. the through cost recovery from parties re.

Lipari LandfilL is located In the sub. wonsible for cleantrp. from interest

urbs of Camden. There is mot one collected on the fund. and frorn tne

county in New Jersey free of aban . Postclosure liability fund.

doned toxic waste sites which threaten Mr. President . S. 51 clearlY icciresses

human health and the surrounding an issue that has hindered State ~f

environment. forts to set up their own uperunns.

Not one site in Now Jersey has bee Because of a suit filed in New Jersey .

totally :leaned up. Cleanup waft has which questioned the right 3t a Stae

beirin on only 20 of the 99 sites an the to tAJI the sarrie sources taxed by the

Superfund list in New Jersey. New Federal SuperfuncL State S-uperfunu

Jersey needs a bigger. (&star paced Su- PrOgra= have had a cloud over them .

perfund Program. So do many other This has cemainly, been the case In

States around the country . By way of New Jersey . where the Sta~e 16&s ex .

example . bULes like New York have a treinely reluctant to spend funds out

total of final and pror SIt-A Of St of our splUfund without this litigation

Califomia has S& Ohio has 29: Penn- being Settled. S. 51 strikes tiie soSylvania has SO : Texas has 26 : Minne- called PreemPtIOU language in existing

sota has ": and the total of just these law Which created this legal amcigul .

few States Is mom than 230 sites that I.Y . Approval of the ball sill end rears

meed prompt UW immediate action . Of litigation and free States to conduc t

In my State. and around the Nation . aggresarve cleanup programs with

thew own funds.
p. 40

999

Mr. President . beyond increasing Lbe Mittee to mcw%E in C"Jtlng an improved

Size of the SuPerfurid, S . 51 also makes Superfund program. and one wrlich is important impircrvetrienu ; to the cur.

r6arionsive to New Jersey~s neids rent progriun. as

S . 51 Lncludim new health provisions well as Other State:@ across the Natton,

During the conunittee'l markup of &

that dLrect and authorizie funds for the Superfund extension bill In 19&4, 1 of .

of toxic cherrucals triost com. fered a number Of Llnefldmenti; . which monly found at Superfund sitesi. It re- were adopted at that Wet . and are car.

quire@ that health assessments be ned over Into this Year,& tw.

(lone at every sitie listed do the Nation . Key among those amendrnents, we

al Priority LAsit . and that a more effec two designed to address CrOund.,vater ti~e program be established for provid . cOntUrunsitlan PrOOLems. previaent III

ins information to citizeins Who Are New Jersey and elsewhere &round the

worried about the health ramifications country . FULLY 60 Percent of New Jer.

of exposure to nearby Superfund sites. sey's drinking water comes from

Mr. President. S. 51 also contains ground water. and in the southern

provisions tA) speed cleanup at Federal Part of the state uPward of 90 Percent

facilities . The extent of the cor.tami- docia. Contaminants leaching out of

nation at hundreds of Federal facili . toxic woste sites threaten to conLarot .

ties is just now coming to Light . nate our ground %ater. a Precious re .

The Federal facility amendments in source In otir drouctit Plagued Stitt .

S 51 would require an expanded over. MY amendments requires EPA to

siaht role by the EPA . Inclusion of a clean up contaminated SYO,.Lnd water

Federal facility site on the national and surface water as part of remedial

priority list would trigger schedules action at SuPerfund sites . and Man .

for Cleanup At the site . These sched- date that EPA Provide household re .

ules would be implemented through Placement water . U %ell as drinking

interagency WeemcnLs . and accompa. watpr. when contiamiLriated %iater sup .

nLed by reports to Congress on the Plies or water supply systems are re .

status and budgetary needs for com- placed by the agency .

pitting cleanup and assuring long S . 51 also contains several other

tcrrn operation and maintenance at amendments I sponsored in 1984 sites at which Interagency agreements

are to be made

. which refine Federal-State relation.

Under S . 51 . EPA would be required ships under buperfund. The first of

to concur In the selection of cleanup these Provisions allows a State to

actions to be taxen at Federal facili- spend its own nioney to conduct z2rly

ties . S . 51 also empowers EPA to issue clesnup at a Superfund site. with the

corrective action orders at Federal fa.

assurance that it will be reimbursed by

cilities. Pinally. this section of the bill the fund for authorized expenditures .

reaffirms the original language of stat- This amendment encourages States to

ute : That all provisions applicable to use their o" funds to move faster

private panics are applicable to Feder. than the Federal program might

it facilities . permit. without being penalized for

When the Senate begins its consider- doing so.

ation of amendments. I

intend to offer The second of these proiLsions exan amendment that wifl expand the tends the statute of tLmitati-ims for

Federal facility reporting require. natural resources damage c:ajw,

ments under thu; provL-AarL which expLrtd last December . before

Mr. President. the blU Uw contains EPA Issued re.-ts tions to inform

citizen suit provisions that ptiavide citil. State appLicatiorn !or reimbursement.

zens with the right to sue ir, ftdirrial The absence of these :,egtilations made

court to enforce nondiscretionary it unPossibLe for St.Lte3 to submit acduties and to enforce standiurds . regul. ceptable applications for the money to

lationa. orders. and other requim which they are entitled under Supermentis under the act. This provislon is fund. However. this year. In recognian important step in improvIng the tion that pucilic heiLtr,_ ns ;Jss must taxe

tools that citizens have to ensure that 'Priority ut securing eieanup funds . S

the Superfand to implemented fairly 51 was amended t.) Lncludir I

limitation

and effectively . an funds for natural resources damage

Mr. Preddleint. I deeply appreciate CL&un&

the wiHingneas at the members of the Mr. President . I also want to express

Envisionment and Pubilic Works Com. MY appreciation to the ChUrman and
p. 41

other members Of the corrunIttee for ,On3 in S :c,- . :, d

their cooperation in woriting WILM Me aKos up ameoci norl-i ti

thti; year on amendment& to S . 51 ~o Tlip se,ond ~)rot.,,; ;,)n IdotiCed tv

utiprove emergency planning and A

access by Me Public to information -itistance r~-nlory to It,.! ;)

about chemicalsi In their communities . extent to %hich c,;rl,!c is x,osej

These amendments stern from a

to ~n.emtral~ "hich ~jy

heitring held by the Senate Environ.

.1 ." adverse irr:)ac,,s o n

ment and Public Works Committee in ~'ealth I Ile c0=11,tr- % ill b- refirLn .(

February in the wake of a spate of t,~ii prt),.,s :on . spctmn I()G . li,r:ng con

chemical releases In New Jersey and -i,rati :m of S 51 1 :, n

the tragedy In Bhopal. India. I re- "Ile lit, Ii :~ :r-ra,! , I)r

quested that this hearing be held !n pr,)~ isions

New Jersey to investigate what could Fl.nally . %4r Aint

be done to niintmize the risks a.,tsoc12E- liank the cnA:rrnan for wo,Kinz 6i-n

ed with chernical relepses into the it- rr.- and Senator M17cNELL on -gi~ia

mosphere . New Jersey poses a

great t-on to ~9tlL,-lsh a iaole indoor air

challenge In thirreCitird . because it is ~;oi-iion and rz-on dte- :on iinj

the most densely populated State In miu4ation oroLzr&rn within EP.k .

the Nation and is the third largest Mr. President . .ne committee Iias

producer of chemicals in the United produced a sound okil ~nich 3no,iici

States . In addition to these emergency ~moy the 3uz)port if 'he Seriate

response Issues. data collected by the During cons;iieration ct the oili . seicrLibrary of Congress for the committee al amenriments may be offered to mindicated that dally exposure to cre3.sc the size of 'lie Supe"find P-a .

chemicals ernitted by chemical facili- gram and impro%e cthpr 3.spe,,s of ,he

ties was of sufficient magnitude and progmm. These amendments cose a

regullarity . that these releases should difficult choice (or those of us who

be reported to the public . er~e on the committee. and hav e

Based on this hearing . the commut- worked so closely together to fashion

tee adopted two amendments that I S. 51 . However. Mr. President, I intend

sponsored W S . 51 In February . to support amendments to further

strengthen the bill . including amendThese provisions would improve the menLs to increase the size of the fund . notification " penalties provisions of In closing. Mr. President . I want tO the exwtLng Superfund proilinain by re- express my personal appreciation for quiring Lmmediate notification of the evenhanded and nonpartisan

State and local officials in the event of manner in which the Senator from

• relesse of a

"reportable quantity" of Vermont conducted committee consid-

• hazardous sub@LL=e covered by Su- eration of this bill and. In fact . the eq- perfund. S. 31 strengthens the penjU- uitaole and considerate nianner in ties for failure to notlify by establish . which he conducts all corrunatee busi .

Ing clivil penalties of up to $75 .000 per iess. The Senator from Vermont has day and increasing criminal penalties -Iways gone out of his way to encour

to up to 5 years in jail. age me to participate in committee

The lessons of the past year have consideration of this bill and all com underscored the importance of effec- mittee work . For this I extend my tive reporting requirements. and tough deepest appreciation .

penalties for failure to report releases . Mr. STAFFORD. Mr. President . will Nowhere was this clearer than in West Lhe Senator yield to me very brienyl

Virginia this sumimer when a toxic %fr

. LAUTENBERG. Indeed I kill.

cloud of aldicarb oxime from a Union Mr. President .

Carbide facility hung over the plant Mr. STAFFORD . I simply wish to

for 20 minutes before resDomie offi- express my appreciation to the able

ciaLs were notified. It was another 20 Senator from New Jersey for his very

rainutes before Lhe local community kind words and my deep appreciation

was notified. at which time the cloud for all of the effort that he has made

1",ad rnoved through the community . In helping us conduct conunittee busi .

sending more than 130 r.,cricem and ness In the Environment and Public

re-i!denLs to area hos; I! &is . Works Committee this year. It has

I intend to offer an amendment a

ith been a special Pleasure for me person. Senators Humptintcy. Hir:l4t. and Moy- ally to work with the Senator from

Rtn" to supplement these provisions New Jersey and I want him to know and the emergency response provi- that

.
p. 42

0 :14,

act awful lot of la4sutrs and for tr~ that !is- Dr-ot

in,

.

riclous ; .LiKaLlon xp~nsvs to the a vioitwie snai l

Public and very little Aill be do -,

., ~COVIJWCP AlLh 0a,11,1MOr, 4_

toward actually c.1wininig u,~ the. w ;Lii,, 8) Within 30 Jays &!'.e r

SILCS that Some of my cilvagues are .o ~

..,e %Derfund Im;iro%o,,,ht 11 President sn,11 pubii,h n

roncerned atmut-and tr.rre is 50 much and quantities

interest in taking care of . -nn"14'rilph A~ . %hlCh snail o~

Mr President. I yield Llie fluor . ~ jutAL&nres and quantities ~z,j nv

Mr. STAFMRD Mr President . it is C .ncil of the Euroo-an COIMLI,11~ ~'S n

t he understanding of tfie Senator (

:juncil Directive a( itino 24 1 .81

in I

n

M ajor Accident Hazarias of C,rtam -i

from Vermont that vv~ 4ill liave until al Activities. Annex III- c4c,,shed n

2.30 p .m . to proceed jo amendment.5 Ofticial Journal of the E~rooan C,,m

,liffecting S . St. the Superfund bill .

August5 198 2

2)(A) r4ot later than go days &t,,r

I believe that the able Senator from 11t; of nact!"hent of the Iiup .rf,,',j

New Jersey (Mr. I-Au'ric .,ilitirptcl h .%s an pro-menE Act of IMS . or not "', :~,

.amendment . and we would like to dis- da~s afte, any rr,,,;on of the

;Pose of that if we can ')y 2 30 p M . And janer or aperSLOf of a facility ith,

if time allows also an Amendment b, motor venicies . rolling stocit . ,r

t-at ~,As present a quantity at a ;,str

%ir BAUCUS Of Montar,., . -at requires notification i.,nd,r ~arj,-&;n

441,11111.11"Illi No . 43a t , shall notjf,, the Governor of ,r, Stat, n

Puroose* To improve Community % .-I .cn such facility Is liwated that ju,n r,

Emergency Preparedness slid Response? ~:li,Y is sublect W !he requirso-r.,,ii of r, s

Mr. LAUTENBERG Mr President . suasection. The Govenier -ay 1, Tr& : ,

I send an amendment to the desk and d,t,,)naU (A.ClUtleS that shall Or iun-c,

ask for its Immediate consideration . oro,iislons of thii wosection .

,B) Not later than 180 layi; a~,r

The PRESIDING OFFICER (Mr. lite of enactmetit of the 5~p,rfjrd r,

MATTINGLY) . The Amendment will be provernent Act of 1993 . the Golernor it

stated . acn State shiu! desishilate emerv,rnc-i P-a~

The bill clerk read as follows : r1ril districts in order to facilitat e

The Senator from New Jersey [Mr LAO- Lion and IMPlementAtion of ~rhrrq-y

TENGERGI for himself. Mr. HamptiRLY. Mir Plans. Where a0pronnate . -he Gov,or

Hetiltz. Mr. MOYNIHAN . and Wr BRAoLcy, maY designa :e "isting politiclU subdlvtsior~

Proposes an amendment numbered 638 - ur mulUjurtisdictionW plianning orgiurvA

Lr

Mr. LAUTENBERG . Mr. Premiden' .

: :Or-~ as such districts . In emergency Pi&h

ning eu tha olve are hian one I ask unanimous consent that the StAtt. the (7xnve~tqor's'vof rain poten'tilu

ly

all

reading of the amendment be dLs- feCted State may designate emergency Plain

pensed with. ring digtnCU Ind emergcncy Planning ca m

The PRESIDING OFFICER. With. MILLeeg by aireement. Ins making sucr% aes.

out objection. it is so ordered. CnAtIOn. the Governor shall indicate which

The amendment lis as follows : facilities designated under subviaragrapt,

On Page $7 . after line 16 . insert the to!

i A) are within Such emergency planniing dL3-

lo*iftg and rer.umber succeeding sections ac trict .

cordlngly: C) Not later than 210 days after such

SCC . . Section L03 of the Comprehensive date 3f enactment. the Governor snail 2,

En,nironimeri Response . Compensation . Point members of an emergency o,ain-4

and Liability Act of 1960 is amended by committee for e&Cn emergency pi-in

adding at the end thereof the following new Irict. Each Committee sMLJI g

'r.c~

'Ce

subsection: sent4tiveS Of the putlic . &VQrc ;, :a . e

.*fd) Emmessi PLAigP9NG-(1XA) The and locial organizations . and ow-er3 Lr.j op

President shall publish a List of extremely ef91,01s Of f3cilities designated und~r ruohazardous 3utwitances. tAkling Into &Mount ;&rILFhLPh (A). In maxing such appomt .

the taxicitty . reactivity . volatility. nilipubs . mems. the Governor shall co-tsider perioroi

bility . and usage of %tich subsL--,M. For the a no would be expected to Play I maior -0 e

purposes of the piece ine sentence. the in the event of a release of an extremely

term "toxielty" shal inriude any acute or hl:ardous substance . such as diecE,d affi

chronlic health effect which may result from cials. Law enforcement and fireLincing P.-r

an scute exposure to the substance. The sonnet. public healin . medical. hospitIl d

President shall review. and modify as neciiii environmentaii protection personnel . ,l

s&rV . such list not less often than every two defense Personnel. transportation off :ci,,-

years. Swells list shall identify each extreme- and representicives of broadcast and pr!nt

ly haiiardagas substiarice and sh%U establish a med :a. Interested Persons may pet.tio, the

aulantlity of eil such substance which. Lf Governor to modify the mernoers .lip of

released " a facility. would likely pow an such committee . Such committee shall iiiaImminent and substantial endangerment to POtfit a Chairperson and shall esLablish r.,ies

the Public health or to the environment. ft- by which the committee snail funzuon.
p. 43

1035

Such ruits small Lriclude DCQVUJQM for olisruminir commit, 0,0,y

public notification of comitrutLe, formation to slucm, com,L,, n_,. ~,r

outitit Meetings to dISCUMB the em ;rgency deveiciould and ImPlernenuna '.Mt merger,

plan . public comments . response to such Cy Plisn .

comments by the committee . and dIstribu . (H) The Mitusinsu R,,pomse -j _.am &j

Lion of the emergency Dian. Publish "dance documents for preP4X%L,on

r)) Each emergency planning committee and implementation at emergency i-ar~

shall complete preparation of emergency Such documents sh&LI be pubjuhed not 4,.er

Ptiuna in accordance with the subsection not than [50 days after such late of enactment

later than two years after lucn date Of en- 11) The Re4ronab Response Traim irc!

artmen

-

The committee small review sucM review and comment upon such emergency

Dian ILL least annually . Of sia changed cir- Plana Or other issues roulted t o

cumstances In the corruittialty or at any fit- lmPlementation, or exercise of such plan

ctlity may require . upon requagill, of the emergency Dmnnung

,,Ei EAch emergency planning committee COMMALee. Such review atiad not delay m .

shall evaluate the need for resources neces. Plementilluon of sucii pLans .

sLiry to develop, Implement . and exercise the A) The President May Order 11, IbC ;Lt y

emergency Plan. and sh&U matte reccaunen- owner or operator LO comply witis DLM.

dations With respect to additional resources graph (2XA1 and (Of of this subsection r~!e

that may be required. add the messut for United Slatft district court for the dotrict

providling such additional resoureeL In whkb the factilitty is located &bLU have ju-

-AP) Cub emergency plan sislaIll linclude 1`131131CUOrk to enforce the ceder. and Lry

(but to not limited to)- person who vicilatais Or faLL2 W 00" sucn an

It) Identification of facilities designated order WWI be liable to the United StaLft .1zi r

pursuant Lis subpairaigraoft (A) that are a civil penalty of not more triad $25 .OW for

within tile emergency planning district. and each day In which sucts violation occurs 3r

Identi.ficsition of routes likely to be used for such laillure to comply continues. '.

the transportation of substanrea listed Our- On pass 54 . after line 20, Insert the fol

Suitrit W subparagraph (A): Waing and renumber succeeding sections ac .

-tio methods and procedures go be fol- cordlingir.

[owed by factlity owners and opersstars and Stic . is) Section 103 of the Comprehensive

local emergency and medical personnel to Environmental Response . Compen"Lion.

r"Pond to any release of such substances; arid I.Aability Act of ISM is amended by ai-

,lit) designation Of a community tmer- sertlitur the foUowuw new subsectiona;

gency coordlifultor and a facility emergency (I) KATMAAL SAJV" O&rA SKCCTS QM

coordinator. who shaill make determination& Eirsilizinscir tirricirroar.-ii Each owner or

necessary W implement Me plan: overator of a facility at which a hLCLMOUB

'rjv) procedures providing reliable. effec- chemical Is produced. uw<L or inared ths.1 .1

tive. and timely notdication by the facility fit* & Material Wety Data Sheet and Emeremergency coordinator and the community gem Inventory form, as published under

emergency coordinator to persons clealgIMAL- parsemph (3) Of this subsection. not later

ed In the emesency plan. and to the pubur- thad IN days after ensictinent of the Superthat a release has occurred (consistent With fund timpito"ment Act of 11913 for sucm nazthe emergency notificallan requirements ardous chentical with the ernergency Plan.

under sectlon 103 4 J). ;

nUW conimattilee, established under section

(v) methods for determining the occur.

1,05(d). for the am in which such facility is

rence of a release. and the area or popula. localled and the Governor of the State in

tion likely to be affected by such reles". whichthe faciltity Is locateo. In addition . th e

"Ivil eviscussitlian plans. including tyrovi .

Emergency taventary (arm *hall be lued

sions for a orecautionairy evacuation and at- with the Environmental Protection Agency

.

ternauve traffic rouses;

U no emergency planning committee e"t s

for the am In which a facility is located.

"(vil) training prograshis, Including ached . the Governor of the State tri which trie !aules for training of 10=1 emergency me- cliftir Is located shell designate soprocnace

sponge and medical personnel: and MIA Officials to receive the Material Safet y

'(vtli) methods and scheduled for exemtw DWA Sheet and Emergency inventory formsin# such Plan. The Governor of Use State in which a facilil.

'400 The owner or operator of each facill . ty Is located she's notify owners and opera.

Y Purguilint to sublydiragraith, (A) torsi of facilities required too comply a itA tne

small- provisionsof this subsection.

-(0 within 210 days after such date Of en . -C2) Whenever a Material Safety DILLS,

actment. notify the emergency planning Sheet is revised test required under rerila .

committee for the emergency otanning dis- Lions under the Occupational Safety and

MCI; in Which such fgCllity I$ located that 6

Health Act a( 1970) each such facility owner

f=lttv mprewnt"vt *lilt participate in the or operator sn&B file. " promptly as practiefflei gency planning process; cable . but not later %han 90 days after suc h

*113) promptly inform the emergency plan- revision. the revised maLersai Wety data

ning cornmitlast Of any relevant changes oc- Sheet. On an annual basis . or -hene,er a

curring " such facility " such changes significant change occurs in the amount or

occur or an ozosiclAd to occur. apid pimemence of the hasuirdous chemical located

upon request Irving th* emergency it the facility. such owner or operator small
p. 44

IlMti

;~,e a new Emergency in, entory form .1t, 'ne

rec :o

r

nts d,sign1l." in Paragraph , I ) 'd

~

31 T h e President 'no" publish the ,

~t~d PC- - -Y - , I

Eme"'I

v Inventory form in the F%el,rj ne Porl"AL-I - I 'nRe &J'd ..4~ly Ri.ster Within 90 days of the erJ6ctment of

~;ei,-e at Jlffrrerlt. e,,u &p.,j p,

e SuDerfund Improvement Act of IfigS i .rp unlem S- M

T~!e ~rhergrncy In,entory Form shall pro .

-:-We to the ,,rge'~ry -o-j :na~-,r ,!dp

of an

estimate of the mLxirntjn -~t to the

_r~e_

Imoun

'$

Of the hazardous chemical Present F" Plrt~ r

at the facility at any time during the ore 'If ~he r . ~e~ i-l-ling e%w~"[ cedinga

c

iendar year 'in Illintes), a brief de . jcn ~f-ALI,ln 1,i r,,ad .ly -C ~npt,on of the use or storage of the hall. c-ram&Lor 0-,

.,do Us C hernicial at such facility and the lo.

raft on

C!oty in or

0 If the h&ZA-rdOuX chemicLi at such (a.

41 The M&LefW Safety DAL& Sheets and

Emergency Inventory forms shall be -nacte 31 4A Soon L1 rr%C1~,,,Ojp A, a~ajj a ble

by the emergency pliulthinig com . to Wl" I Ch this -!j&,,t;-,n a :)-, MILL" to the Public upon request. It no of 3perstor inall nro,,cfe I

emerge ncy Planning cothmittee exLSCA for Of -1>11cel

X5 "")"

. ""-.! the area in which the f&0lItY is located. the SIAIlable, ~Pdjt~rd,

e Material Safety Data Shoots and Emergen .

q~j_d

jnje r v,tric~-;P ,

cY Inventory forma shall no made available aclo,tionaj nfj,j :

to the Public by trio Governor of the State A, IcE :,.ri :,-,ken Ln an 'ch the facility is located upon reques, I 1~n the -'U,

(5) Nothing in this autiWition Shall be 9- an~ Kn- n

coruLrued to IMUL the abillity of Lrxy State or chronic tip~jtm --:5KS L~ a~, locality to require SUbhussion or distribu . !ease ;ur d

tion

of

information related to hazardous

subeganc C~ ~Me- sC"7-'P' 1te IL!

rf :ect'Lal atlient :o j

6) ;re'Presiclent May establish quill d ~icujaus .

ties for hazardous chemicals below which not

, t) ; Section joi )f '!~e C2,jcr, facility at which a hazardous chemical 1, V1ror=ent&j Resprir.,,e Produced . used. or stared shiall be subject to

the Provisions of this subsection, Lao,11ty Act 1- 1990 s

adding at th

Ile-eo 7) The President may order & fACWLY f 74Paragraphs- e end

o%ner or Operator to comply with this gub.

bectlOn- The United SLates district court for 35, hAZ&rd0us -!Ilmicial -ars r P

the ithlitriCt In which the facl is totaled Poses of wt;ort 10341, an .> 5-Mt&7C* a cshall have Jurisdicuon to engfoirce the OyVW.

is trepted L, a n

`a"rdous

and tiny version who viciltailess or f"

to one, SAIL W the OcCUPAL.onal safe, A~.Q

such an order shfaii be lionlo go the UfU&ed Adminutration s nuaj~d

SL"n Standard 'cOeo'ed -n J4 ;y [985 in ~q C- for a civiij Pen&ItY Of 1110% MOM than

, ,

. -.R

325.000 for each day in which such viousilon, 1910 1200). ex

C

pt t hAE the f0 : :o% : ; ;_!)

occurs of such foalure to comply contuhust, stances shall not be treated Ls I ra~zr:- .~s

'(J) Ealvacturvir NOrrLytcATjcW .-4j) The chemical for such ourDose s

owner or operator of Oll facLUty ag which a '(A) any food . foiod dolf, color 1j,

release occurs In an amount requiring a

Live . drug. or commeuc 7-lr--,aLed %s ~rie

relport under subeec OnIsjishailimmental Food &no Drug Adirinuitration ,

IY PfOvIde notice of such release to the exon.

.

.( B~ any m",,f3cturm td, ~&L a .nz

unity emergency cwrdu&&Wr for the A hazardous ctle-nicaj ;,eje7,,.

emargenicif Pl&muftg COmmilitteeL estsill, shict, Joes not re~~t _1 -,,

IL&h" Pur@usnt 114 SUbMakm 105(d).

for hazardous ch.m.tc&; ~nd~r

any area likely td be affected by the release Citing of use :

WA to the Governor of any Stage IIIL*ly ta IC) any substance ! 3

be affected by the relies". U an emergency for PPr§OnU . family or h,) ~sel.ol d

Plain Prevared Pursuant to section 103(d) of is Proser.it In Clio same

, or- and -ncrq.

don not flatilL an Operator sh&U inglead peo. Lration as a Product Paci,24.12 'O r

vldt nOtwo to the emergency response au . Lion a.,14 use tiv Lhe general :)LiWIC

thonty of the affected jurtsdictjom ~Dj any suostance to the e'

"(2) Notlowt Under Paragraph :Prt (1) sh&U in . J2'a Lattoratary . ho~oj&jil

Clude (1411 thill eXtent known at the gum of inder the direct SuPervision . or -mec of a:~"

the imcleaO- qualified individual :

-(A) the chemical name Or idithatuty of any *(E) Lnr Substance to the extent :sed

hazardous substance Involved in the rel*&M in r-u- &#"cu:LuMj o0emcloru

-IS) SO -Uvlwa Of . and" the quantity of any i F) any substance to the extent i I

such hazardous substaince that was released Isted under the Hazardous tF"P e i '.f"einto the oreliforthwhillig: Witty ActOf 1979 Or the Natural C;L3 P,De-

-(C) the Unw All dUrStton of the ritioall line Safety Act of 19";

"(DO the modluins or thirdia, into which the .( W

*%fateriat Safety Data Sheet rri,mls a

rellosaw occurree r"4402111161 "IIKY CILLA st.eet de%eicpe~a toe a
p. 45

hAaardau& elleMIC&A P--' 'a t" I"L"M HundirrCis 3( the 1CUMS in Bh0V&l

conunumcgUou fe%UILLUCIMS Or"Muld"Od could have twien spared their liv-i )r

Under the OCCuPILLICIM1111 Safety "U"s He~'t~' injuries it they had known of Lhe

Art of Mill icocafted In July A911113 at 29

CFR hazard arotmd them and Known how

1010 1200~ " .

to respond . M.wy more lives coul d

Mr. LAUTEIMERG . Mr. President. have been saved it a communication

I am offertng this amendment on s5stem had 13"n in piaxe to allert, resibehalf of myself . and Senators MOYZ41- dents of Shopsl about the release .

RAx . Huuipytacy . HONZ. and BRADLrY . That is true of chemical releases in

The amendment is designed to im . our country as welt .

prove community emergency planning Our amendment is designed to ima.round facilities handling hazardous prove our ability to respond to these

chemicals . The amendment 13 modeled incidents. To improve local emergency

an S . 1531 . the Community Emergency preparedness planning . the bill re .

Preparedness and Response Act of quires that the Environmental Protec .

1955 . which I Introduced on July 30. tion Agency prepared & list of exMr. President. our amendment tremely hazardous substances .

builds upon the emergency response The foundation of this list will be

provisions in Superfund- It provides a the "Seveso list" developed by the Eufrouneworit for Improiing and Integrat . ropean Economic Community as Part

ing facility and community planning of its directive on major accident rl&zand emergency response efforts. estab . ards. The directive was approved by

lishing training Programs for emergen- EEC members in 19112 .following a

cy response officials. and for educating major dioxin accident in Seveso . Italy .

the public about what to do in the Facilities which handle substances

event of is toxic release Into the envi. an this list of sWifted amounta would

ronment- The amendment recognize$ be required to Participate in co"unumithat the responsiblilitY for emergency ty emergency response planning. The

preparedness and response Planning Seveso list is considered to be an iniand implementation rests with the tial list for purposes of emergency

States and :6,1fected localities. but pro- planning. and ow be modified by EPA .

wide$ Federal technical assistance t4 add or delete substances .

v. h,,!n Iippropriate. Shortly after the Seveso list i~ PubThe amendment sterns from a hear- ILshed In the Federal Register and faIna Ileld by the Senate Environment clLitles have notified the Governors In

and Public Works Committee in Feb- the States in which they are located.

ruary. 1995 in the wake of the tragedy QoVerrors are to designate Planning

in Bhopal . India. and a number of seri- distrtct4 within their States for Lmss

uu3 releases in this country. Testirno- likely to be affected by relesaft from

ny before the comimattee . from fire- such facilities and appoint Ideal erner.

men. State and local emergency re- gency piLnAing committeft to Prepare

sponse personnel. Federal officials and emergency response Plans and estabindustry representatives confirmed lish or improve UsIriling programs for

the need to improve ImW notification . local emergency response and medical

planning and response capiabillities'lor personnel .

dealing with releam of hazardous The Federal role is primarily tecrinisubistanees; that an dangerous to the cal : in developing the list of extremeiy

public and environment. hazardous substances and providin g

Mr. Pmident, I. yelar ago. Bhopal. guidance and technical assist;trice to

India was unknown. NOW it is 6 name emergency planning committees. and

and a place known to people all over review and comment on local emergenthe world. It is a

name that strikes cy response plans upon request.

te"Or in the hearits of millions who In addition. the amenciment would

live or wait near a chemical plant. require immediate notification upon

the release of a reportable quantit y Since the Bhopal incidenk there under Superfund. Facilities experienc- have been a series Of 100 seriOuL but ing such a release would be required to ?Agnificiant. releam in the United notify the National Response Center. Staigla that suggest that We AM far as provided under current law . but

from immune from such dangers- also would have to notify the itiviro- Clearly. we must take every step to* priate emergency planning commit- prevent such occurrences, But. In the tees. their Governor. and in the ab- event of a chemical release. we should sence of planning committees. State be better prepared to respoillitf. and local emergency response off ICULLL
p. 46

Lrilike EPA's C .XiSting notification ri~g jr.5 _n n- orporat.el -

u

I

ations . notification must be irnmeal r,c, ard rorriMittee piatir. -.i:

ate This notification hall tie accorn xtlnt that a 3rate )r

partied by sWific information peftain n;Ls an effect :tiii pia n

ing to the substances released and ao . arj rommi-itios can use ~ni~ i;,an

proprja~e response me3sur,?s . Follcw The iunstances .:r)% o~~,o r)y , ~, -I .

UP notification of actions taken to re -al af,tv ~Jata sheet ano e~,

spond to and contain a release wouid ~~ .ent

,

ory requirementz in 'he , q--m.

be required as soon as nracticable ~,'_ righL to-know vro,is,on, ~i r -

after the release . i .~-ndr-ient art! more num~~- ; ~

I'his notification requirement simply ~- sutis~anc,_,s on Lho, S, ., so

expands upon a provisinn I authored -iion for this :s irri,ght

in S . 51 . The SE requirements ire ex . ',%*~~at our worxers ire oni ~'-!

pected to provide a means for the local n nandling hazardous sur)star,,-, r

planning committees. the Governor. I _. .rcl. :iCriters should know Tt~-, ir,

and the National Response Center to ;-,riLiafly iorkers 4ho ~r k

track facilities that may have a record 4,~rst conditions- fires ,

of releases. and should serve as an aid olner releases nvoi~ing na .~,a, in designating additional facilities to "nemicals and other rrater :a,~

participate :n community emergency ii~t of extremely t-,, .7,arqn~,;

planning. These notification require- ~tances, on the other hand , r, :-n 'r

merits are effective immediately upon gar ficili'

-

ies for Pmergenry w1arn enactment of the Superfund Improve . can pe horter and mo,e foc ;sel ment Act of 1985 . (ne risks to the larger :ornmursr-.

ninally. Mr. President. the facilities The Soveso list %as criosen as an i ;;

that handle substances covered by propriate starting point for tr-g,- OSHA's hazard communication stand- emergency planning becau~e if

ard would be required to submit the widespread acceCtance as a list )f -,,ib

material safety data sheets required stances that pose an extreme tnrrit rr~ under that standiard . and in annual es- .he puhllc arid environment . In timate of their inventories of the sub- r-port from the Congres~iona, Re

stances covered by the OSHA stand- search Service. the Se%eso ~ist ~s o.e ard . and location. and oasic uses and scribed L3 a list "composed of c~~errt storage information about such sub- -als generally recognized as betrij of

stancea, to local emergency planning sitnificarice in the event of an uncon- conumlite". . the State. arid EPA.

trolled or sudden release . Exuer~s which shall make thu; information Irom several countries generat,!,j aru available to the public. agrepd to the list. The chemicals ire This promion will make informatio n

about hazardous substances present in not restricted to those of &cute tox :ci .

a community available to emergency y . b-it include many of those of possi

response personnel and the publi-! ble long-term toxicity . e .g. dioxin . Fi

through the MSDS and emergency In-

,

nally . the ex"rts collectively decided

ventory. This proviialon is vital to our _ipon quantities of conce .n for ea.-n

first responders-the firefighters. chemical." I request that the remain .

police. and emergency personinel-who der of the report from the CRS ar-,l

must put their lives on the line to re- the accompanying Seveso directive -.c

spond to chemical emergencies. printed in the RxcojtD at the conc:u

Mr. President. there are a number of sion of my remarks.

additional points that I would like to Mr. President. I shall request Lnac

make for purposes of leguilative histo- additional materiLl be printed :n tne

ry . This amendment provides no spe- RrcoRv at the conclusion of my recific authortziation from the Super- marks .

fund for expendlitures related to carry- In crafting the amendmerit . it A;,Ls

ing out Its provisions. However. it is brought to our attention that tianexpected that funding for emergency nuai exerciise of plaris keeps a commu

response and training will continue to nity prepared and &Ltent ;,;e to cnanjes

come from the fund . and be sufficient in the community and turnover amang

to support the additional activities of emergency response personnel . 'While

the national response teams and re- we did not believe it was appropriate

gional response teams under this pro- to dictPte how often different commu .

vision . nities should practice their pians. tri e

emplissi should be upon keeping The amendment is structured to these plans. people plans and not allow e"ting planning areas and
p. 47

103 9

Paper Plans . jnicn requires practire PlerrIenta those pr0,Lsjoc,, .

Intl cnntinual Public education. This amendment is supported by ow

The role of the COMMuntLy 6S crtUCILi firefighters. labor. public health . eri,.t

in the planning process . The amcnd . ronmental. religious . and consurrier

ment Provides that the public be rep groups. These Include the 1,70 000

resented on the planning comrnittees . members of the Inter-national Associa .

be given Opportunity to participate ir tion of Firefighters . the National Lung

Meetings on the plan . &nd have oppor~ A-IlLiOn. AFSCME. the AFL-CIO,

tunity for comment, The committees the US. Conference of Mayors . and a

are expetted to play an active role in large coalition of environmental

reaching out and bringing the publIC groups. This morning, the InternaElon .

into the process. al Association of Fire Chiefs Pawed a

In an Environment and Public unanimous resolution on behalf of

Works Committee field hearing in their 9.000 members whIch is consist

Newark . NJ this winter. several resi- ent With this amendment .

dents of the industrial area of Linden Mr. President . I ask. UnIX11mous con .

expressed Surprise about emergency sent that a letter written on behalf of

response procedures in the city . They this amendment by this coalition. a

were unsure where to go, whom to letter by Mr. Ed Hennessy . chairman

call. and what to do in the event of a

of the Allied Curp.. one of New Jor

chemical release . It is imperative that sey's largest Companies and tho fire

residents learn of liawds in their chiefs' resolution. be printed in 1.1he

midst and be able to respond in the Ricoati . along with other materials at

caw of a mishap. the conclusionof my remarks .

Mr. President. I

ask unanimous con, The PRESIDING OFFICER . Withsent that the following materW be out objection . It is so ordered ,

printed in uie RzcoRD : The New (See exhibit 1 . )

Jersey emergency services form for Mr. LAUTENBEMG . Mr. President .

consideration In developing the "right .

I understand that this amendment is

to-know'* provisions of the amendment acceptable to the managers of the bill.

are $In Iniportant element in this proc- I urge my colleagues to adopt this

ess . These provisions provide for distri- amendment.

bution of material Safety dILLA sheet$ ExminiT t

and emergency inventory forms; to the FIRICTIGHT114G. L49os, HtAg.rm . ENvtvowtAwplanniling comaUtt"s and the State TALL AGRIcutrovAL. RcLicious CiTitiot api)

EPA Is to receive the emergency Lnven- CONSUMER 011CANIZAVLONG SXROIKLT SCTPONT SuPlisiruwD KAURD002 SCOST&RCS 114-

tory. The information submItted 1A to VgXftRV AJM EWMG=CT P'RCP*A=K%3S

be made available to the public by the Ann Responsa PROVISION S

planning committee or State uniform Dun SIMATOR. On December 3 . 19,1114 . more

emergency inventory form, also, the than 2 .000 citizens were killed and 200 .000

excelilent series by Stuart Diamond of trilured U1 BhooW. Indis, wrien in* toxic

the New York Times on the tragedy in cloud of metnyl isocyanate from a Union

Shoval. The New York Times series Larbide manufacturing facility 30read over

provides a persu"ve argument that the sleeping city. Pollowme the Snocal

releases; of hazardous substances are tragedy

. the worst LndustruU accident in huwidespre" and thist the elements tory, the American public wiled. "Could It

happen here?"

that lead up to catastrophk release Today. we know it oar, According to the

and failed response m common to the Congressional Rasearch Service. approxi .

manufacture and use of them Sub- mately 71 percez t of all Americans live in

stances ; throughout the world. the vicinity of facillude which handle. treat.

Today we recognize that we cannot of state hazardous themicals, Recent CheMlafford to play Russian roulette with call releases In this country . especially tA the

hazardous themicals. and bank on release, on August It from another Union

beft able to respond without coordlCarbide faculty in Institute. West VLrguua.

have underscored the lack of adequate

nated emergency response efforLs. The public Information about hazardous sut~-

EnviinartmeaL and Putilte Works Com- stances and the health hazards sj@oct&:;&d

mitt" has LLready taken steps to re- with exposure to them. In 1"UmS. llfespond to etuargemy plianninc and m threawning triadeciumdes In emergency re,

sponge needs. The amendments In S.

sponm capabilities also have become appxr51 improve notifkation requLrements ent.

under Suverfund and stiffen penalties In response to these chemical disasurm the 4101114110 EnVUW=tnL LAd Public Works

for noncompilance . Commiluee tinftroorat" IL provision esuit~

Ky. President. this amendment com- Ilshing a Hasardous Substances Inventory

75-033 0 - 90 - 21
p. 48

107 9

r j"t 1) n r

1 L

SUPERFUND IMPROVrMENT AC'T potentUill to provide morOF 1985 -tore r=id . and lesivi costly -rn

The PRESIDING OFMCFJL 7!w the danger$ ad radon Cilia .

dert 7,111 report the pending bu,, ;ness .

-

Radon ru cr-atc-3 a -,cv-rt -i .--

rl,.e iesimative clerit read as fot!ows : ~rob:errk () hI.;MLas Then t co .~e-_ :-,

i b .iid!ng it L3 not a :)robje m. ~f ~ .-. e

A Wl (-% 51) to extend and antend .ne CA& is allowed tAo diffuse Inw '.he LLr Comprehensive EnvironrnenuLL Rest~-e

Compeni"ton . The sources of rudoo kru are. ftnr- . ancl Uabdity Act Of 1~90 .

And for other purposes. n&&LLriLjy occurt-jw radon n the

FArtrl*s surface and. second . miti-cmade

The Seriato resurned comiderstion radon deposited as the waste produc- t

of the WIL of a manufax-turing process . I im :0in- AWC111111111111tirr RO . 64? IrLg Senators MITCHELL and LAUTEN' (Purpose : To encourage the use of Lnrovt- Bicisr. ca offertne an LmendrneoL eiiu- Uv L4chnoilodies " radon conLarniriaLea jig with the problem o( nsuuriialy oc- Su :erfund utes) curruig ricion and the 1--idoor &Lr ;>oilu- Xr. BRADLEY. Mr. President. I

-ion proolerm in general . Tv~e oe-ai-g send an am I nt to the des& and

ask for its Irrumediate consideration . i-, erdrn,?~. deals onil, 'A,th --in7rate

The PRESIDING OMCIER . The iadon conEammat!on.

clerk will report. T~,ere ire ie%eral sites on tne Cur.

The legislative clerk read as follows. -ent Superfund list where trie ~Lzam

The Senstar from New Jersey (Mr SLAa. iia sasce is marimade radon bured ~n

Ltyl . for himself and Mr LAUTMagno . Pro- 1~e Rround. Current practice it Sijpor

o,ignsaisamendminsitnumbee 647 . ~~!nd sites ,3 to use only pre%-c-;!iy

Mr. BRADLET. Mr. President . I iisit -lertionstrated techniques. This s -,c c

uriartMous consent that further read- as irr2t :orial is it may seem. There s a

cris of this arnendinent be dispensed real concern "t untried and ~noro

With. ~en cleanup techniques cou~d !escf t o

The PRESIDU40 OMCL7- With- ~a.%Lefsil and even countercroduct :ve

Out abbection . It, is so ordered. effoms. However. the Drotil-m )f

The sumandmient Is as follow= radon Cm is very unu3U7Ll. TI.e or!7

At the oft at We I - t" following :!eanup procedure now tetng cor_s, d

new section: erea at Superfund sites Lhere -nan-

' SW- . RAMP PRonfri on AT Cvvvv.wr made radon is the principal contarr.i .

4?L Sirru.-It is the serow of the Congress nanic a to dig Up the ground oenestri

that the President. in 3glectins response the oui :dLjlX and icruct tne --,)nLant- action for facilities 1111:113ded an the frau0nal r~ated dirt sonnewtere PaLse -,"iis T!Pan- Pirlortitles Lbt pulatifted under sectloo 103 up technique is elttrrmet y

of the Comprebenshhe Environmental Re9ponsk Cloravensatton. and Liability Act of surning %nd expensive ina. f ~n

19M t - - -, of t1w Presence of radon . is riot checked. could resu~t n I L-a, n

r"istred by statute or regulations to use limited Superfund rcsou .ces .

fully deffanstrated methods. P&MIculiarli, other cleanup tecriniQues na,e )e,,n than involving; the offs" transport and studied Lnd have zeen 1,ste,1 71hr~e jusiolstion of contaminated material. 5ut .echnique! have been inow-ri ~,) ~)p -1 may use innarattire or alternathie methods fectire at reducing the rnr~tit t-- which protect human health and the envi .

roomem to a me" cast-effeeUve manner.- -ealch of the occupanLs of t!%e h,)me

Mz . BRADLEY. Mr. President. lhui The intent of this arnenc=enL w w s,aanserighmaint would provide congres- couraige EPA E4 consider Lad ~,e -1

smial guldancie to en"le EPA to usie techniques when they Drotec% ;i-jici

innovatilve or alternative cleanup tiesiLis and the environment _,i a c,-ametbode at radon-contaim.natej Su- effecitive manner.

perftnd sites it these methods protect An addiuciii" teineflL of trus. irrenabu=an hes4th and the envArciriment in, Light la LbA.L Lhe eiDerlence iaine-d t1Y

a more past effective manner than Lit EPA " radon-contAinuniuced Supernow the practles at EPA.

These ai~cer- fund sites misly be mccirciamLea nto

native clivanup techniques have the .,he indoor air ~ciiiuuon oroerari ~~rt
p. 49

established bY the Mitchell Lsknerq- nen, Lo & 51 wnirh dire,_*ts the Er:%t berg-Bikee, amembnen rorimenzal ProWtl,),l Agency to Lin I urge my -Ilealp," to support LhLa "OrtAke an aggre&,I-;e na,.iona.1 or,)- amendment. l7rlsiln to deal with the threat posc4' b)

Mr. President .

I have ~Meckcd th&9 7'Atu.--&lIY Gee-urring radon .

tMermbnent 'with both the 11311n . E-10w-ver. Mr. Prr,idenl, we hA .e S ;L

"hed chairman of Lhe COMMIUM . uatl<ias were radon c3nmrnmauon ts

Senator Stur6sn. and the not & naturzi!y occurring prienomeguwfted ranking member . Senator nOn. Out is the esult Of hLM&n actmBamcm. I offer the sahtndment. on ties. In the communities of Montelair.

belusU of myw.U and my MsAnguished West OrLnee. and Glen Ridge. NJ.

colleague . Senator LAvTcPvvtG. art* over 100 homes are located lmmed!ate .

ask unanimous consent that he be 15' above m.don-contaminated sojL Th,--

listed as offeTing the amendment as an contarnination r-su,'ted frurn the rerk .

original cospoiWor. less dtspoaLL of raditun %6astes oy a

The PRESIDING OFVICER . WKh- rirm involved in the maiufacture of

out objejetlesa it is so ordered. ~mlnescent watch amis many years

W. LAUTENBER0 . Mr. Presidem 'go. Soil cuntlLmmated with Eh c

t am pleased to join nly Colleague froos. radium wLs later taken from the site,

New Jersey. Senator BaADLrr. In spea- ana used as fill for the devewoment of

saruw tbia smemament to Address the, homes on more than 100 acres in N-w

Jersey.

treatment of radois eontauuna0m aL The threat posed

Supeirfund sit4mi by radon contand

. nation L, clear. Long term . high-le,.el

This amendment expresses the sense ~xposure to radon is knov.-ri to cius,!

of the Senate tb" the Cavironmer" lung cancer. Because of this threat .

protec:iAou Agency. in determin Me Environmental Protection Agency proper remedlial action P;Am for Lreat- has included these radon sites in New ing raddeii-corusmuctisLed narkmal or%- Jersey on the national priorities list

. Orman Im sites. W not limited to con- making them e!igible for federally

sideratim of fully demonstrated meth- funded cleanup under Superfund . aft particularly thaw Involving off . 3ut radon contamination is a treat, site transport and disposal of contsmi- able h&zLrd. Once a problem is dixg .

nated maLertall. TbA amendment fur- nosed. relatively UrLexpertsive. simple their esseweeso the meow of the -Q4ffuu* measures can be t4ken ta *Ile%riate the that the ZF4L In sellecclift response &Q- health threats of radon. In many tiom for these jUteL may use tirmeva- cases. LIttrrittives to excavation and tive or anvirriadvo methods which pro- removal of sod may be av&IILWe and

toct, human health and the environ- adeq,

-

taLe to protect human health . ment in a coat-effective mariner. There are mearis which have beer, em- Acwrding to EPA regulations. in Pioyed by the !:nvLronmenL&j Protec- order to qualify as an innovative Or Ll- tion Agency in treating radon contamiternaive method which would protect nated homes in Pennsylvania that can human health and the environment . 21leviate the threaL These measures .

any such method would have to pro- such as sealing of cracks and spaces in vide a degree of protection equal to or foundations and Installation Of ventl- superior to existing standards

Mr . lation bystems. are relatively low-cos t. President. the threat to public items. and Provide the degree of health from radon exposure has only health protection needed

.

recently begun to receive the attention In LES remeduU Lrivestleation/feasibil- it deserves . The problem of naturally ity study recently completed for these occurring radon contamination has sites. the EPA has investigated Me surfaced in recent month& and could.

according to estimates by the Environ- feasibility of using such measures.

mental Protection Agency . affect I

However. because of the nature of the

million homes nationwide. The exten- contamination. such alternative and

31VO QUVRt naturally Occurring radon Innovative measures may not be ade.

contamination poem nationwide un- quate remedial action. In cases where

derscores the need to implement Fed- the contamuwton could be remediaterLI prouisms to addre= the radon ed and public health protected

hasiard, throuch the implementation of alterEaraw in this debate. Senator native and Innovative measures. this

UrmwzLL. Senaw BaAsLm and I option should be fully Lirivesugated.

-a - sticcessful in adding an amend- Prior to the undertaking of Federal
p. 50

-rrieuial actiull under Suverfund . the r)enalf of mvsetf all~j 1,1, S :aLe of New Jersey began a pilot pro . from Texm (%4r P-47- N 1,

g-rarn to alleviate tne health hazard its immediate rorLId~r%t,)1I

facmir the r-sidents in the Ifffi

rionries . Under this Program . the Stat :ted The PRESIDING QFFICER e

of New Jersey is excavating and re- Clerk will reportmoving the cortarninated soil from 12 The legislative clerk read as c, i

hoines . rhe Senator from Vormant Mr

The cost of this :tctior is -Iagz~!rinq . M*01- for hiritielf and Mr B~-

This pilot program will cost At least SS Ii~ws an amenciffient r.LMnOreO 1411

million .

If simflar action were taken to %fr STAFFORD Mr p~,

remed!ite the remainder of the affect- ~sk ""A"IMOUS Consent -.AL

,d homes . the price tag . according to rcading of the arnendn, :,L

the EPA. could e;Lsily approach $200 Pensed with .

million . Mr. President . this enormous The PRESIDING OF-FICFP.

cost would serve as a gicnificant dr&Ln Out oo)ection . it is so ordvr~d

an the Superfund. and could slow The amenrimeric is as

down the cleanup of these sites . Delete the text from :Age ',4

However. Mr. President. the resi- through page 58 . :,ne .10 it-La

dents of these contaminated homes thereof a new .section as foi .o .%

should be Protected from this health . SEC 106 &1 Section 103 of ne C

hazard &a soon as Possible . hensive Environmental Res;:Orz e

,&non xnd Liatility Act of :380 " -- The use of such innovative technol. by Chi: Act. is fu,ther LMer_-,1 ~3,,

ogies, where feasible and adequate to after Notice . Penalties n 'r-r ~ ., :e

protect human hea .Ith and the envt- Lion 103: *. ImentorY . and Em-ger- .

ronment . would make the cleanup of sponse- Section 103 is fur.~,er Lrrt- -

these sites more cost-effective and Ldoltne at the end thereof the ~ol,c-i

priactical. and timely while ensuring subsection

the health of those residents affected .1hXI) The requiremeriti If hLs

in an expedient manner. tion shall apply to ow-ners Lrd oper%- :~

facilities that have Len 3r more f- I urge my colleagues to support this employees and that are in Stardar d

measure. trial Classification Codes -o thro~jn

Mr. STAFFORD addres&ed the in effect on July 1 . 1985) tha t

Chair. or process more than .100 .000 Lioun~s

The PRESIDING OFFICER. The year of schentica.1 substance istm __-

Senator from Vermont. to paragraph (2) or Chat LLW Mor e

Mr. STAFFORD . Mr. President. we 2.000 Pounds per year of I SUOSEJr.Ce

Pursuant to pazairriaph IV For purPcs,,s have examined the legislation pro- this subsiectilon .

posed In the :%mendment by the able -(A) The term manufacture' mirw-j

Senator from New Jersey . We are pre- produce. prepare or comoo6nd a criern

pared to accept it substance.

M r. BENTSEN. Mr. President .

'(811 The term -process' meLm tile

acttng for the minority . we have exam- million of a chemicial suostwce. a,~~ir

ined the legislation and think Its can- manufacture . for distribution in corrur-

" 1) in the Saint form or hysIcAu SCA :1 ~, tribution will be helpful. We have no or In It different form oP DmYsica. -.-i objection to it . from. that In which It

was

rece'v-11

The PRESIDING OFFICER . Is person so preparing such su

there further debate on the amend- 1 11) " part of an ar.1cleuctonLcizi-nuri

ment? It not. the question Is on aaee- Chemical Substance .

Ing to the amendment of the Senator The term 'use' means to use f,r

from New Jersey . poses other than Processing

The amendment (No. 647) was -f!XA) Not later than July 1 . !994 ~e

President shati pub[Lsri Z LS1 Of LOXIC 7

agreed to. CLI substances which, on't.lie bLsLs :if I Mr. BRADLXY. Mr. President . I able UtforM&tlon and In Lhe judgment

move to reconsider the vote by which President. am manufamured in or

the amendment was agreed to . into the United States Ln Lgirregate

Mr. BENTSEN . I move to lay that ties that exceed 500 .000 pounds X- 'Ir

motion on the table. and. (1) band on epidersimoincal o r

The motion to lay on the table was Population studies. genersuly accepted

agreed to. ristory tests. or itrictursu analysis ~a,

known to causir or are suspected of ca ~ .~ 4 Auc"199" No . 448 in humans adverse sCute health e--

Mr. STAFPORD. Mr. President. I cancer . birth defects. hen Cable iene,~ , ~-

send an Amendment to the desk on Uttlona. or other health effectz such as
p. 51

L082

productive dysfunciion, neurological diaor- w"Le air 44

a COOL=MW grodurl or Urpred

der. or bettavlorsl. sonormallEles . Or 01) be- ~ct of component or 0On&"L.;xML of a com.

,sum of Lo"City . persistence . or tendency to (MeMAL oroduCL or byVeoducl.

WescCurl In the -rillronment . may "(III) the annual q-,12 ON th e

1ILLse adverse environmental effecLs . Unlew Substance enteruiet eacits envilractmedual

and until such list is published . those 3Declf- *LsLestream Locludins wt. suirfam w%ter- I c criernical substances identified to SeCtiOn LLnd- Subsurface LnJection

. sad dhoebArse ~Q ,01(14) of tilu ; Act Shall conlititute such list. PubLcly owned t""Mitnt VOCL& siod

, B) the President snail. as necessary . but (tv) for ewft Wmzefiwesm. the wasze

t,.o less other than every two years . review treatment Methods emoloyed and uld

lind revise the list required by this Pairs- annual quantity of the Chegxjc W

graph . Ally Person may petition the Prftl- remain" to the wmte4tresusn after trall

dent to Idd a cr,.emical substance in the ILst merit

.

or to remove a ChPlilicsill substAnce (roM the *~Bj rot purposes of Lbs Marsigraort. tocilIL3t .

ity owners arid operLil =Ly i-a- resaily

, C) The President may establish a QuLn- AiIUL&bi* date, codecited PurVALlit Lo ouie r

tity different from that extiatillarted in parx- State &cul Podaral environmental or .

irrions t 1) . t2l . or (3) for p&McW&r chemical %here such data are FOL rMillidaLY LMIADle.

substiances . boiled an their toxicity . extent reasonable eslLmalas, Nothing M this ~o,-

of ,-- e and such other factors as the Prest- section &net] require the -Mocutorulig or

dent deem appropriate . The Prooldilifig, on actual isselexuremoca at quantities Of ~bhis own motion or at the request of a Gower- stlionell or relemes, tweyand Ul reci-red

not of a Stlue I with rrgwd to facliftileg lo. under other authorities. In older to Lw~rr

cated In that Statist may apply Ule _ m C005149&MY. Wt PM&dt= &hall rVqWM Ln&L

olents of thin tosesseettect to the owners and data he expremed in cominam ~ULL

operators of am Pardealwar facility ULM fS) The Qovernar of eiscil SLLW WWI desManuflict-res. g 0, at Lieft a cillienbcal jignelig an ofnicial or oukiwo of in* SLUe tA

sub6tance tated Aader &Oboaissr"h (A) it recitive ToxIc QLarrilcial Releme Imenwry

tne President delterrillill that Such action is Formis. The Caell" censer Or OPer"Ort sMall

.arranted an the courts of toxicity of the submall Cho Porsait te &urJ2 official or olf,

substance. Proximity to other facilities Out ciLLz SM to the President.

reteasir the substance OF to P-0 lotion dem. *101 Sublesa to the Provisions Of ps" .

Lets. the history at retemes, of such sub. graph (Sk. &A@ prolUdcot and the Governor

stances at such (wilily . or such other fao st" fixims the toLorstioubon, a-hinitted Our .

tors as the President deerns appropriate. UWA to UMS AlListbantion available t4 th e

f3) The osners; or operators at a facilitty iiis" The, President and the Governor

SUO)ect to this xubwtlan sinall comalew a sawcriange reasonable fees to recover the

Toxic Chemilcal Release Inventory Penn so cost of mpm4ucuoo and Oulu LAE 01 d&LJL

published under porminaph (4) for each -111 The President shelf esustiliall lutd

chemical substance Itsited under pLrmrLP6 maintmn in a comptrier database a -;AtlOnLl

12) that vim allusuLactuiled. processedl. or Toxic Chemical Release fri~tory based ori

used In qumUttes exceeding thou astilb.- diam, submitted under trim section rPA

lished udder paragrisph (1) or. where aopiA- shall Mexico Ulieset d" accessible by corrivul,

cable. subpairacraph (2)(C). duricW the pre. or talwommunicauan to any Persoll on

ceding calendar yew alt such facility . Such oootmiaburn&Ue user fee baus.

form snail be substiltited an or before June "(S) (A) The President may erdy the

30 . IM. Jurer 30. tM. and Jung 31L L99% dats eanzatned In the Tojuc: Chemical% Reand $hall cant" do" reflecting r*le~ lease Inveracilry ftrm using the authority of

during the MMdt= calendar Yew. U Use Pectlen 104(eP of this A M

President hu 111019 Published the farm Jew -tili Udisilialluticro, submitted under this

quUvd by parisgriwilt vu an or batore Do- SubleKkim &had be treated as utforroallon

centiliter 31. low owners A" operawr m supsellu" unisisir owticiss 10*e) and (other

quireel to sluticall inform"J" under UU& &ajus data ass, this quiustitY and na,"Are of any

subsection aba 4c, so bit letter Ito Ulf A& missiles end t1se ideril of the Choll`IWAi GUDcounistrucir of the lCisvituxuatinital Pratow stance released) Shan be subject to Ule or0-

tton Agency, P00AMuked a& of WOrG June, riMans of arcitton 104(e).

30 .190. "(1) Arly person who knisonnirty omits me

"(4)(A) Not UAW than Jung L Ism the tonal trifortination or makes any false rnntt~

Prwdent shiall publish a Taide Chanalcolis rial stailientent or renresentiLtion ~n the

Releoft Inventory Fiarta . Swh (am ahiall Toglic ChersuciLis Release Inventory Form

Provide for the nam and lactittlan . of and &h&LL &po convictaoiL Or luised nist mom

principal business wthltlel at ttw facillitz tintux 625.0" or Unpraptied for no4 more

aind shall provide (W SUbULWAIM Of Lb* W- thall out Yew. at both.

lowing infornit"Joss for a" U" talbutingla **(lot Notrift in this subsection she[] be

Ittiamirl to be Prostobt, at Like tadMY- constreed to undt Lne ability of any Suit or

"(1) the am ar uses of the chemical &Ab- kmxwr to require salismission, of informsk-

$tame at the ft-Altr.

t4lost rellated to %sizardous substances toxic

"fill the quantity of the cloreakall, dis"guegi sinissultinges poitinstings Or con-mi,

substance Lranallorldd to the fi-m"I RM nants or eabor smutertaka.

dumd " the themllr. 000§LM" SL Um 18,dU- U0 SOCLl= L11,41441) ad the, corepeekmmwve

ty . saw trenappried! from Lbe fasiMs as covirosom" nomponm COMPLOMOLUML
p. 52

.rid U&OIIMY Act of 1960 . m amenaied by jent 1! 1

I'll, Ael ;

Is further amended tior in3ertin g

and

34PC . .. LQ*- ~ --nder thlis Wrt,an- -Mr 1--sident . " Would !!Le 0 t"e a

.a U-4 first sanw-, rn~n',I'cs W :,r- r

!or a toxic Che ._3 :Ca.5

Mr. STAFMRD . Mr. President . '.rus ~ntory _nd ',he riter' 1,~rt~~! ~;ta~r rd

amendment is a substitute for section a.-neridmtr.c . But f,175L : par'~ :C-ax

106 of S. 51. which provides for a has, 'art '0 L"arlk My good frena jz~_- ~c),

ardous !LagUe subSL3nCeS inventory . Sectio n

. ',he 1l5tLnVuLshd Sena~,~r 'rcm

106 was included In the bUL Texas . Senator BE:vTsr~,i !or nis ~1, . ; 'n

At the suggestion at my good friend d-reloving this amcrdmtont . As L-i a.-

and colleague. and most r2Juable he %as the gource of go.,(i amember of our committee . the Senator for ;ays to xcrieve the joa" ~f .nfrom New Jersey. Senator LAuTirmsLac, Imendrhent without ton ~ar,,

has been Instrimental in devejog) :ng I burclea on the manulazuiring id~~

this substitute as well. try.

The intent behind this amendment F`ublic concern about .o" cricm,ca- is to require manufacturing facilities is a.L an &~l Lime nign . Haraly a ~eeis

handling substantial quantities (if 1 35- %,Lhout new e,.eaLons ao

toxic chemicals to repart the annua l

quantities of these chemicals they ric dangers

of chenucas -io"arict-A j?

dump Into the environment

. These our daily li%es. Chern6cia suostAnces

that Lee Known Lo ca4-! cancer. otr*.z

ports when compiled will Constitute an defects

. and other serious uiieases axe inventory which tells LS

where the tieLng released daily ir" our en6ir".

toRle chemicals am and where the y

are being released Into the environ- ment, not only by a&C1C1CrtL D" &L31110 OP

ment. Such an inventory will be a

val- dcsl=. Despite L5 years of program a

uable tool for envuronmentall regula- pollutwn coatroL it is ~L~il common

tors. for the health professionals . the busmem practice to dunip dange.-ous

concerned public. and the companies C_LeJUIC2" Into the lif. LOW Me WaLer

themselves, arid under the ground.

The inventory will provide the basic Mr. President. it is Clear that- as a

what. where and how information that society. we still bave a long vi Ly w iro

is vital for sensible management and before %e can say we are eflectivety

control of toxic chemicals . This 3ubsti- managLng our exposure to these

Lute amendmenL responds to concerns ChernlCais. What do we rie~ed to do?

that have been raised about the inven- Conunon sense and the most eletneo,

tory requiremenits in section 106 .

It Lary pnnciples of management tell ja

will apply to fewer facilities and re- that ace essential component is inlof,

quire less reporting by submitLers. mation. We need answers to three

It will include ortly chemicals that questions. First. whiab chemicaLs are

can harm public health or the environ. we rea,;Ly worried 11-0 Sewrid.

ment when rele"ed. allows the use of where are these toxic cherawals being

already available diats. aM reasonable manufactured. used. " released?

esitunsities. no now testing or monitor- And third. what quianuties are being

ing requiirements am established, released?

trade secrets am protected. and it re- Our present system of Dollution con.

duces the paperwork burden on indus- Lroi laws stififem. from acing Lmilpnenctry In terms of disvibuflng completed Pd. The truformatLon oeeced ~o answer

forms. In shiort. Kr. Prissiderit. thts these three P" Questmons . to ule

smendanent a as respovisive as possible extent :t exisits. is scaLtered throug-M .

to the legitimate concerns that have out dLfferent program fiie3 " se~eraj

been expressed while not giving up to levels of government. L%-en Lf them

any significant degree its intended data ociu.W be Mtemlli(WLY ooj ;ected

public health and environmental bene- tolleitbar by the thousencis of bureaufits. T'his inventory is a concept that crL&a win* control thets . they stal

the people suPporL would be hard W Loalym Existizw

After the Bhopal disaster and the dsLa am repomad in ocons ;stent

continuing litany of chernicW acci- units-pounds per hour on the one

dents in this country, the public wants hand versus millicrams per Liter on

to know mind the public has a

right to the other. It a dLLfkuit Lf mat unziosanknow about the releases of toxic bie. to get a owture of toxic chemical

chemicals, deliberate releases that releases at one lindustnal plant. much

occur every day w well as accidental less develop a corrununity or regional

releases . This amendment. Mir. Presi- or national picture of toxic pollution
p. 53

108 4

activity . chemies" release inventor? off~rs -te My colleagues may well ask whether Dossfblillty of mas." the mans4ement I am exaggeriLung. I am not. LA.St Year . or toxic chemlc&W more efficient.

a sophisticated en"ronmental rp Sarm resources can perhaps be tar

search organizAtion In New York City ffeted to where the problerns are great- tried for months to understand waste est

.

handling practices at some 35 chemi- Mr. President. there is another

cal processing plants around the coun- reason wny comparties should disciose try. The organ=tion. Inform. Inc.

. se- their dumping practices . It is that the lected several toxic chemicals widely public hais a right to know about the used in industry. They searched every toxic chemICA" that are being released

publicly available pollution contro l

agency file at every level of govern- day by day Into the air and water. Just

ment trying to get answers to these as there Is a right to know about acci .

simple questions: On Ln annual basts. dental release of a carcinogen . for ex .

how much of the chemical is used at ample. there is a rignt to Xn0W about

the plant? %low much waste containing intentional release of the same chemt

the chemical is generated in a year? Cal.

What happerts to this waste? The amendment whlt!h Senator

Despite hundreds a( hours of re- Stwirstii and I are offering today

search. Inform could not get satisfac- makes in important contribution *o

tory answers to these questiona. achieving the benefits I have been deExcept In the State of New Jersey. scribing. And it does so without plac

where the answers exLit on one-page ing ark undue burden on industries .

forms submitted by the companies There are thresholds in terms of size

themselves. These forms. caUed the of facthty and volume of production

New Jersey Industrial Survey . contain and use that are sensitive to the coneach facUItT manager's best estimate cerns of small companies . Purther. the

of the Input. output. and loss of desig- amendment does not requirt new err, ;snated tosk chernicials . A very similar sions monitoring prolrramn . It sunply

inventory exists In the State at MiLry- requires that exising data be gathered

land . into one place. supplemented by rea.

Both the Maryland and New Jersey sonable estimates wnere necew.Lry .

Inventories have proven to be very Mr. President . It simply cannot be very

useful to environmental manageris and expensive to go through the fUe2 . or

health officiallia. With these trivento. talk to the plant foreman, and pull

rte& officials know how to contact per . these numbers together, They prob.

sons who handle psurticular chemicals ably already are consolidated In most

so that tft7 an be nouned of health facilities In order to assure compLiance

warnings or other Important infortna- with regulatory programs; and Lf they

Uon. the inventories reveal geographic aren t. they should be.

Lad industrial patterns of environmen- This amendment respondsi to every

tal release. which health officialis can concern that I have hesrd about the

correlsite with records of dUeam ftuA. provision in S. M51 that it would redence to welt out possible relation- place. section 106 . Yet It does so withshtpL Regulatory officials from varl- out harming the Intent of that sectlon.

ous programs. from occupational I commend thIs amendment t4 my oolsafety to air and water polluttorL use leagues and urge that they SUPPOn IL

then Inventmiss; to crass check other Mz. President. it I may . I will oonundista. Aggregated data from an inven- ue now with a discussion of the specLftory of chemicall waste production and ic provisionis of this amendment and

discharge can be used by environmen- the Intent behind them.

tal managers to help set program pri- This amendment establishes a new

oritkL Are there certain geographical subsection (h) in section L03 of the

areas with partilcularly heavy Lur emls- Compreheruive Environmental Reslons of a potent carcinogen? Which sponse Compensation and L.I&bWLY

toxic cheadcaills or categories of chemi- Act of 1980.

cale are discharged the mosL and into Consistent with other provisions of

whkh medlial Do some companies re- the Comprehensive Environmental

lease mism toxice than others manu- Response Compensation Lad Usbulty

facturtag the same product? Which in- Act. the amendment places; respons.1-

dustrjal categories warrant more at- bWty for Implementation an the PTegtents"? dent. It In Intended that the Presiden t

in abort. Mr. President . a toxic delegate tatit respocintiLlity to the Ad-
p. 5 4

miniatzator of the EnvtMftmenW Pro- paxsemon. lmokerrienLation of

Lection Agency sA he has other Com. Provision& showd riot be Ielaypo ~,,e

prehensive Env1ronmentAI Response waittrig (or more r"nt or morp :~_

Compensation and Uatillity Act P&- cut production and import data . No,

sponsibillues. is Line President expected to under--ail e

P111.111141,1011 (1) establishes the chAr- programs to gather Production no

ILcteristics of factilUes that are subject import datA solely for the purpose ~l

ta the requirements of this subsection. ldentLfYU-19 Chemicals PUrlUant Ln '-ma

These include a small buStne= exemp- paragiraph Although Me A" imp 1i

tion : facilities with fewer than 10 em . thority to obtain stich InforrLat:on

oloyees are not subject to the report, under the Toxic Substance-i Cartrc ;

ing requifernents. Act and may choose to do so for ;~u r

The requirements sooty to facilities poses of this subsection. pro%idea :t

in Standard Inclustnal Codes 20 will not delay unplemerimuort.

through 39 . They do not apply to In order to determice tnat a ch~rni

retail outlets. dry cleaning establish- cLI meet& the aggregate volume cnuments or warehouses not associated Mon. the President need not proye

with manufacturing facilitlem that the chemical exceeded 'nat'

The requirements apply to facilities volume in the yezz for wlich rec,)rtthat handle substantial quantities of Ing is required. He need only det_er

listed toxic chemicals . These Include mine Eb&L the criterion was met in tne

facilities that manufacture or proc*ss most recent year for which he liaA

more than 200.000 pounds per year of dats. Of course . substances MaY ")e

a listed substance. or that use more added to or moved from the List durrg

than 2 .000 pounds per year. periodic revision& if more recen t

The term 'use" is deliberately not shotild so Indicate .

defined precisely . Examples of chernt- This pamgmph also describes ~ne

cal use . as distinct from chemical main . toxicity cnterta for including a crierniulacture or proceSSLM9, would include cal substance on the list . These are

use as a nonreactive industrial solvent broadly defined to include both acute

or a component Of a cutting fluid . The and chronic adverse hurnan health efPresident may . Of course. further fects as well as adverse enviro rimen t &I

define these terms in regulations. effects. As adverse human health

based on the experience and knowl . effect need not be life thireatentnit. deedge of chemt,:&l uses obtained under biliLating or long lasting to be oonsidthe Toxic Substances Control Art and ered. The President should Include.

other statutes. for example. substances that Can Caus e

A distinction in threshold quantities significant respiratory or eye irritAtion

is made between manufacturing and In exposed populations.

procesaLng facilities and (acilities that The President is to list chernicai sun .

use a listed chemical for other pur- stances known to cause or suspected ;f

poses This distinction is made because causing adverse human health effects

users of chemicals are more IiJLeLy to The -potential for causing human

release a Urger proportion Of the toxic cancer for example. is ino1CZLed 01

chemicals as waste than are facilities tests camed out On animals, or ~rr%er

that manufacture or process the organisms, orin some cases because ~f

chemical for We as a product. structural. sunkila.11ty to Ott,

Paragraph (2) requires the President stances which have been subjecea .0

LO publish & list of Loxic chemicals testing. Such substances SMOLld be

which shall be the subject Of reporting listed. It is not intended that chem .cal

requirements. To be -designated. & substances should be listed only -n

chemical generally must be mJknLLfzc- the basis of proof of human tocc ;- .

Lured or %imported in aggregALO QU&nU- because such proof often is univail

ties th" exceed 300.000 PourWs Per able.

year. This determination of sarreirwA in construction the list of Wx :c

quantity Is to be based On UU01`11111111410111 chemical substances under this Paraavelig,ble to the President. It 10 reW9- C=h. the President should consult

nind th" Use quantity of a chertaxesil lists Of toxic chemicals compiled 3~

thanufactured " Unported MAY vary the International Agency for Reseircn

from year to year. The Presibillent an Cancer. the National Toxicology

shcWd WW the most recent data SVKU- Program Annual Report on Carc :nogbl* %a Wo in Wigging a deter-Lims"an gens, and other lists compiled by Diner

of aggireigato volume pursuant to LhJ@ entities. He &I= should consult varlous
p. 55

'State iisLs of chrmics .13 for which siml .

lar 11

quired in other Stat,it,s -,-e p-,1

OrtIng had been required . tn~ (lent hZS ample authority !n he &rj

cluding those Of New Jersey and Mary . OUS environmental !t&tUtPS W require

land. Generally . any substance appear. measurement And monac .ing. Should

iris on these lists that also meets the additional measurement or monitoring

aggregate vniurne requirement should be wLrrenLed. Owners and operators of

be included on the list compiled under facilities subject to the requirements

this parwaoti.

Sho-ild the President fail to publish

of this subsection may uLLILze readily

the required list of chemicals

. 2V&11&ble data coilected pursuant to

then Other laws. Reasonable estimates ma y

the reparling requiremeritz will apply be used where actual data are not

to specific chemicals that appear on available . Fstlm&tes may " based on

the IL%t of hazardous substances COM- engineering estimates and computa

piled undor section 101(14).-Lhe so Lion. process materW balance studies .

called Superfund list. or other estimation techniques. In

Subparagraph (8) Of ParaMph (2) order to report dsLa in common anA3.

requires the President to teview and It may be necessa:y to perform con~er

revise the list Of Chemicals no less sion Calculations on some eXISL :ng data

often than every 2 years. Any person be(Ore they aresubmated .

may Petition the President to add Paragraph t5t, requires the Crouernor

chemical subbtances to the list or Of each SLate to designate one or more

delete chemical substances from the Officials to receive Lriventory fOr-u .

list. based upon the cilteria set forth and requires facility Owners Or acers .

in this amendment. Wr$to Submit the forms to these offi .

It is recognized that. with regard to cials and to the President. Pa.ragraiph

particular ChPmICsJ Sub3t&nM-q. the (8) Provides that lubmated dAta z

threshold quantities described In para. subject to the provLsIons of section

graphs (1). (2). or (3) may be found to 1044e). which defines apo!'-Ible trade

be inappropriate. Consequently . the secret Protection and the concitions

President Is given the authority to es- under which ~ Information obtained

tablisn. for a m-ticul&r chtnUcial suti. from Ar-Y Pemon may be held confi .

3=Ce. a different quantity based on dential. Data on the annual q-,;jLntity

toxicity . extent of usage. and such and nature of chemical substances reother factors as the President deema leased and tile identity of

appropriate . substances may not 0- held confiden .

Similarly. the President may apply tial, Thu; proviislon is consistent with

the requirement& of this Subsection to other environmental statutes .

a f&CIUCY to which they otherwise Except Insofar as information Lz pro.

would not apply. based on the toxicity tected by these Provisions. the Gover.

of a chemical substance manufactured. nor and thp President are required to

Processed or used " the facility, prox. make AU submitted data and tnfo~ma .

imity to other facilities or to p0ouls. ttOn &VIL&ILble to the public Consistent

tion centers. hAtOry of relessea at the with the purposes or this SuawtIon.

facility . and other factors the Presi. the public must have access to the

dent deenat appropriate. The Gover- name Ind location of the facility and

nor of a State may request that this to data on which --hemiciiij juo.,,tLn,!ft

submetion apply to such facilities UP being released and the =ijual

within that State. and it is expected Quantity of such subsUnces released.

that :he President will comply with The President IS required by pLmsuch a request. graph(7) to establah and maintain i n

Parairmah (3) CALIA fair three too fic a computer data b*xe a Niational Tox .,c

Chemicals release Uiventory reporLL at Chemitcal Release Inventcry into

3-year interv" beginning Ln 1987. which Information submitted on the

Each inventory ts to bt babed an activ- forms Trill be entered, The LrLforrn&Lion

ity during the Prfteding calendar year. should be entered in such a way ?-, to

This approach allows ample time for allow aggregation and LnaiysLs accord .

affected facilities to obtwn and com- 'rig to location and type of facility. by

pile the necessary data or estimates t;htmwml substance . A.-I by such oth,!r

during ca;endar year 19" for report- variables As may lead to useful anaAy.

ing by June 1 . L987 . ses Of PSUPMS and trends of release o f

This subsection does not require toxic Chemical suostances. The Envi.

act'SAI measurement or monitoring of ronmental Protection Agency already

the quantities of IjsW toxlc sub. maintains a chemical information "La

stances or releases beyond that re. base under the Toxic Suostances Con-
p. 56

trol Act With which the Information ventory which aLteMpLa to biLilrand data required by this sUbsectlon Ldeq-11LCY Of UVOrmLUon and Ene n

genemlly are compatible. According to herent denuands on businesses tr~jlt

information Supplied by the Agency . inventory Poses %hen its _&eS are

this data balue can be modified to allow Precisely deftned . Tl~Ls amendment

input of data from them requ&rernents changes several aspects of -.he comt_

within a short time and with little !x- Lee bill to address this dlierruns ,

pense. Consequently. it is assumed and First. It limits the faIcilttles sut: ~e,~

intended that the President will Make to the triventory to industries _~ --nuse ot this existing d .-

.ta base rather manufacturing division of the stirc

than establishing a new data base . ard Industrial classification. Thes- &,-

Paragraph (9) establishes penalties g-rouDs .10 through 30 Mr President :

applicable to any person who knowing . ask unanimous consent -.haE a !:s~ :r .(

ly omits material information or of these :11dustries be printed ir. n,

makes any false material statement or RtcoRD at this point.

representation in the toxic chemicals There being no ot)Jection. the

release inventory form . riLl was ordered to be printi-d In "ne

Paragraph ( 10) provides that this RrcoRD. as follow &

subsection dom not preempt State or 01vision D-!d~u?,c-V&LXG

local submission requirements . Also . Mijor Group ~o Fuod and iundre-d p-mo.

parillimph (It) as a conforming amend 1CLA.

rient to clarify that the provisions of Major Group 21. Tobiacco injinulacturra.

Major Group 22. Textue mill orooucts. section 104(e)(2) apply to reports and Major Group 13 Apparel and other f,.r, information cbLained by the President ,.hed products made ftro !Lbrics and sum under this subsection. as provided in ~" matprTais .

paragraph (8). Major Grotto 24 . lAim0er and wood P,~l

Mr. BENTSEN. Mr. President. when cLa. except fumiLure.

the Committee on Environment and M&jQr Group 25 Furniture and fixturT.

Public Works reported S. 51 .

it recog- Major Grotto 26 . Paper and ak.,ed ;)roonLzed that section 106 was in imper- ucM

Major Group 21 Pru~urig . Pljbiisnirt. and feet provision that would need addi- Ulled incluSLrIeL

tional attention. As reported. section Major Group 23 : ChemicaliI and Llitid 106 included some provisions that produc-.s.

were designed to acquire Lnformatiot. Major Group 2n" Peuctleum refuung and

to asseas emissions and discharges of relaied indusizies ;

hazardous substances to the environ. Major Group 30: Ruober and ojiscei!L~.ement and some prov~~ions that were jus viatiLics wroducts;

designed to provide information to Major Group 31 : LA&Lher and ;e&Llier

product& emergency response authorities. This Major Grour 32; Slone. clay. glass. jind combination tended to produce an un- concrete oroduct&

wieldy jairray of metertial for authon- Major Group .13 : Primary treLLI ujdu3-

ties who needed soaiethLng much sim- LrTM

pler. Major Group 34: Fabricated metal prod.

The amendment the committee lead- ucu . except cnAcrunery and Ln"pjortAz .jr,

ership is introducing now replacm this eQLuocncnt

.Major Group 35 %lacha,.ery, except elec section with a more targeted Inventory tricial:

of hazairdous substances emissions and Major Group 36. F.ectrcaj arid elec,--or-ic discharges . Otter smiendments will ad- machinery . equAoment- and supplies.

drew the question of the Information MaJor Group 37 : Tra.."uportation equipand p . ures to oe required for un ment;

Emergency Preparedness and Re- Major Group 34 : Mewsuring . Ln&lj,7=c.

sponse Progrwo . and controlling Lnotruments; ;j3oWcrxpnic.

medical and optical groods. w-hes and A hazardous substances Inventory. doclLs; wrid

on a nsUonal scale. is a new and exten. Major Group 39 Misc-Itane-ous man~tac sive undertaking. Inventories have wring IndustrIes.

been used effectively by several StaLds Mr

. BF-VTSEN . r'scalities In the SIC for regulatory purposes. A properly groupa that manufacture or process constructed inventory cian provide val- more than 200.000 pounds per year of

usable inlormaluon about potential substances sutiject to the inventory or

emissions th" should be regulated. that use mom than 2,000 pounds per the effectiveness of regulellons. and year of these substances voWd re- trends ir. ernissions; over time . At issue spond to the invenwry. Thus . a cherwnow is how to :onstruct a

national In- cal plant manufacturing substsnces or
p. 57

using them above these quiantitles. to 1-0nsider now to collect or estirnaLe

would be affected. but & drlf-cleadlier Ms em ;sswns during 1986 iLnd an Wewould not- quate time to PreDAte this data for

Second, It more Precisely foctmft the submission by mid-ml . Them sine 3

inventory on hazArdous substainces. yews between inventories to reduce

WhIlC the committee-reported wction the burden of preparing them Lad to

96ould cover any hazardous substance aalow the recipient-- to evaluate iLnd

under Superfund if it were more than use the Information they reckive. FtI perernt of a mixture. this Proposal noaly. Congress must act to conLinue

looks at the substance itself. It a plant this inventory requirement. Lf it

used a product that was I *eight per- proves to be a useless effort or ururesrent a hazardous substance, It would 50nably burdensome or poorly targethave to use 200 .000 pounds per yeLr ed, it &W not continue beyond Lbfte

before meeting the 2.100-pound-per- three submisislorts. Lf the InformAtion

year reporting threshold for use . is useful but needed more or less frv~

Third. the committee. reported bill quently. Congress wIll have the oppor.

applied to all Substances defined as tuntty to make such judgments and to

hazardous under Superfund. This pro- weigh these needs against theLr costs.

posoa requires the President to estab- The Ln.formatlon requLred has been

lish a list of toxic chemical substances reduced one . to require annual Quantiwhich am manufactured or Unported ties of materiods, known to be present

into the United States In in aggregate at a f&cWty rather than annua.1 and

volume of more than 500.000 pounds monthly Quantity Information itiod

per year and are known to Cause Or Are two . to require general waste trear,

su .%pected of causing. In humuM ad- ment Information rather than detsuied

verse acute health effectoL cancer. information regarding such Item as

birth defects, heritable genetic muta- the IOCLElon of dLspwal and the identitions, or other health effects such as ty of transporters. These are Iterns

reproductive dysfunction. neurological more property related to regWatory

disorder. of behaviOnill abnormalities. activities rather than Inventories .

or, beciause of tOxidtY. persistence. or In preparing the Inventory. a factUtY

tendency to bioaccumulate - the envil. may use realLLY 116voldable data ccuectronmenL. may cause adverse environ . ed pursuant to other State and Federmental effects. Until this list is pub~ al environmental laws : or. where such

lished . specillic chemicals defined as data are not readily available . reasoaahazardous under SuPerfund serve ble estimates may be used . In my view,

the list. this; inventory is created to try to deThe President is given the authority velop a re&.onable sense of where haxto establish different thresholds for Lrdous substancts encounter the enyl .

parUctaiar chemicals based on his judg- rortment. It attempts to Create a loose

ment of their toxicity. extent of use. material balance of such substances. It

or other factors. The PresIdent may will be imperfect. Consequently. the

lower the threshold for other manu- use of data required by State or Federfacturing facilities in S .I .C . Codes 20- al law should be emphissized. Estl39 based an such factors oaa Loru~t!y of mates an equally appropriate and

the substance. proximIty tO other (116, techniques sire tv-11,We for such esUcillitles ; that release the same substance matea-many published by EPA and

or to population centers. the history other regulatory agencies. It is not the

of reliesses " a faculty. For his State. Intent Of this Inventory to generate

a Governor can request Llim fiddlUon- insionve monitoring and data collec.

aj manufacturing factilities In B.I.C. tion efforts. In fact, nothing here shoal

Codes 20-39 be added to the inventory. require the monstortne or actual mea&

The conumttee-reported bull would urement of Quantities Of SUbStarCes Or

have required the first Inventory 180 releases beyond that required under

days after enactment and additilonial other authorities . The Clean Air Act.

Inventories " least every 2 years Clean Water Act. Solid Waste Disposal

therealfter. This proposal, requires Act Toxic Substances Control Act .

three inventories: the first by June 30. other provisions of Superfund. and

1987 . for calendar year 19ft the other environmental laws contain

secand by June 30. 1990.

for calendar simple authority to require monitoring

year 199W. the third by June 30 . L993. and data collection for regulatory or

for coilloindar year 111111101 There wen enforcement purposes. This Is in imseveral reasione for thesse chisisoless, It portant distinction. Dectsions to reallow onLpl* opporwdty (01F 111110111111INLry quire manitortng or data collection
p. 58

IOS9

need to have a defined Intent cases & . In som e regulatory Prograzn needs to be ment before Us would serve as it sub~j-,

developed . sometimes nationally. Lute to the existing sect!on 1043 :n ~

51 The differences between the -x,s : sometimes locally or regionally . In ing section 100 and --he arnenim-, other case& site-gPecific enforcement before us renect chanizes mat

. ~~- actions may boe Linder corulderation . Committee felt snouid be rnade nas,_~ These situations warrant the cost and on comments received suosequenL

burdens of added tnorutortng or datA markup Of S. 51 .

collectlom Such decisions should be The amendment before us %o,-:i a, made through the authorities provid . COmplish the emLssiorLs in-n-. .,r .

ed In these other authorities . This tn . goals set out in section 106 rt o_ i

ventory is not the proper Place to vest establish a national ndustriiLl !n%-,) such authority and It Is Prohibited ry that would Provide nformaL~,Dr. here. about chemical use. storage and , eg ~

This is not to say that an Inventory !ar emironmental releases into trie i .r

is not a useful regulatory tool. Se%eral and environment from &C111t :e5

Stltt~es have developed Inventories far fzcturing or storing certain ha=rdo~S

More extensive than this one. They substances.

have used them for regWatory devel . This inventory is to be used b~

OPMent Such U State Unplementation and Federal agencies to impro,c LDx .-

Plans under the clean Air Act or cross chemical maniagement by rnoni'.orrg

checks on Solid waste disposal quanti . use and tracking releases of these ;L. :)

Ues. Them are important functionsi, stances- An effective inventory ~i . :

tailored to tile spectfle needs of a help 'US better undersLand trie floa ~f

State and should be Preserved. This toxics into the environment and

, -

here

Proposal preserves State and local au- by aid In prevent" future Superfin.'

thonty. sites. It will also provide cr!tical info r

Finally. I would ILke to emphasize mation to Federal and State air. xate_

that this Proposal has modified thi re- and hazardous waste prog-rams -.o

cipients of this Inventory considerably. track compliance and enforcement ei

The committee-reported bW would forts w1thIn these prograrns . As in 'he

have rOQULred the Inventuries to be State of New Jersey . such information

submitted. " a minimum. to the fol. can help inform and direct researc.-i

lowum the President; State and tocai effcrt3. FInally . Mr. President . the in .

emergency and medical response per- ventory will provide the Government

Sonnet the State police. health and and the public with irLforrnation about

enirtronmontall department&; area daily and routine exposure to toxics in

polift and fire departmenuc area our environment-something essential

emergency Medical servioes; am hos. to protecting the public health .

pitals; and area libraries. Thts propos. Mr. President. the inventory provid .

a[ provides for the Inventory to be sent ed for in the committee amendment

too State officials designated by the will better orgainme existing data

Governor and to the President . They abo%At chemicals being released Lnto

shall make the information available the environment. EPA and the States

to the pubUc at a cost to cover repro .. currently collect much of this infor .

ducition and m&Ulng. The President mation. and a number of States and

shall establish and malintalin a comput. cities have Instituted similax in%ento .

air data base Wklkb shall be ACCessible rtes. They have found that the invenby computer telemmmurucittion at & tortes &requite helpful in conducting

cost-reunbursable user fee basis. Con- theIr envtroamentjU prolfritms . HowevfidentW business Information protec. er. many States and the EPA do not

Uou under section 104(e) of this act have so-called multimedia inventories.

appikes to the Inventory as weIL The information may be scattered i n

Mr. LAUTENBZRG. Mr. President. air files. water files. and on RCRA

I WOUld Like to Commend the leader. manifest forms. for example . but not

AMP Ot Lb* COULMittes for Its hard pulled together In one place to pro%lde

w0ft 012 WCUOU 104 of tbb bilil. I of- a complete, and usable, Picture of total

fend thils provilginn when the com-i&. environmental exposure . In some

Lee 00111111111kVild & SI In March. As the cases. the Information may not be

esteemed chairman of the comimirtoe available at all.

has explained. the bill conmim a prp.

If we are to slow the creation of SuVUlton which would establish a hazard.

perfuund sites. and develop a profile of

Ous substances Inventory. The amend. publibe exposure to toxic emissions . w e

must do a better job of monitoring the
p. 59

1090

re!eLse of hazardous sutIstancell to the tragedy, the worst industrial accident r,

environment. torY. the American public waited. Ccwd ~t

Since the committee deliberations happen here '

on Superfund in March, our staffs T~cwy . we know it can. According to the

have had Elie opportunity to hear Congremional Re%e&rct% Semce . aoorox~

many comments and continue our mately,75 Per"rit of all Arnericarts .%~t m

the vac ntty

of

facilittes which handle treat~

work. on this provislon . Many hours or store hL=rdoua chemicals. Recent ehr-mil

have been Spent &nAly7ing threshold cal releasi tn this country. especially the

levels for substwees and facilities that release on A,jeust 11 from another finion

would be covered by this provision . Carbide facility in (rutitute. WecL Virginia.

Our staffs have met with concerned have underscored the fact of adequat e

public tnforma~lon about haLiardous sutp

parties and they have discussed the st,arices and the health hazards assocutel

experience that States have had In lial- with expc-ure to their.. In &ddi"on. 41e .

plementing industrial invento,tes with threatening Inadequacies In emergercy reState officials . sponse capanIlWes also have become apDar

The result Is a provision that will Lc- ent.

complish our goal of establishing a na- In response W LAe3t Chemical disasters.

tional inventory . while At the same the Senate Environment and Fubtic Works

time meeting a

number of the con- Committee mcorrorsEed a provision estalslunine a HLWdous Substance Inventory Ln

cerns raised by small businew and S. 51 . the 3uperfund Improvement Act of

other Industries.

1985 ,

Mr. President . section 106 of S. 51 is The Hazardous Substances [Mvent,0177

WIdelY Supported by firefighting. would provide information about chei7tics.1

labor, health . environmental . religious. use, storage. and reitisses UIW the air and

and consumer orrantzations, These or. environment from t&C:IftWg listridlLnif -.&&

ganizations inchide the International WFIGUM aubolitlariciss. Covered facilities &AAo

Association of Firefighters. the Ns- would attacA fWaterial Wety Data Sheet&

tional Lung Association . the APSCME. required by the 03KA Regard Communjew

the U .S. Conference of Mayors . the Elan Standard, to the Inventory form ir

order to provide Information About the AFL-CIO. and many of uur Nation's health h"LrUs and sale handling of these

prominent environmentAU organiza- substances

.

tions. While the orginai provision of The invenwry Es to be used by Ideal . state .

the bill has been limited somewhat in and federal agencies &a Improve toxic cnemiscope to meet concerns raised about its call management by monit4ruill location and

implementation. the provision should use. r-s well " trucking regular envirortmen .

go far toward meeting the goals to W releases at these substances . it is to tie

which Section 106 was addressed. I ask Inside widely available to the public, ncludthat a letter In support of section too ins emerge -cy response officious. who sorel y

need this in.1formation to plan (or and reauthored by 43 of these groups be in* spond to wxic chemicaii rel ases .

serted In the RwoRD at the conclusion in addition . in late July. Senators I.Auten .

of my comments . berg. MayniharL ancl Humphrey introduced

The PRESIDING OFFICER (Mr. S . 1531. the Community Emergency Pre.

GORTON) . With0tit objection. It 1$ 30 Varedriess and Response Act of 1985 . They

ordered. intendto offer an amendment similar w s .

(See eithlbit 1 .) 1531when the full Senate taxes up the su .

Nz . LAUTENBERG. AgaLn. Mr. Perfund reauthortzation thui fall . This legu .

President. I

very much appreciate the lation builds upon the emergency rirsoonse

comnutlEft's Support for the Invento PrOVISIOns of Superfund by orovtding a

ry framewars. for improved community pre .

and the work of the catrulnitWes leadl- Wildness and notification around facilities

ership on this provision. I urge Senate that handle nazardou. . substances .

adoption of the Conurtitteie amend- S. 1331 mandates that a priority list of

ment . han ous substances be developed by the

EXIIIIIIIIIIAT I Environmental Protection Agency and that

PIRAMCKTING. LAS04L KSALTIL CWVIROMN=- designated facilities . which store. handle or

TAL. AGAICTLIM111111,4J. ABLICtOOL CIT&29P A" manufacture these luostAnces. Participate

CONSU~ OUrAPtUTIONS 1111110INGLY SUP.

In emergency response oliaming. The Gov .

PORT 507=rg" KAZARD041, SVUTAJRCS IX- erhOrs Of each state are responsible for desVVNMRT ANN OUMCWWCT PRXP"=P&M 41111411 Ignattric OLLrintris districts in areas where

Rumps= "OVUSONS relelUses from such facilities might endange r

public heialtri or the enirtrOlliftent. LXICIIJ

Dear Senator On December 3 . 1044. more inneirgencY PLahning committe" subsethan 2 .M clusens aterg kitled and 200 .000 qu*n%47 would be established to prepare Injured in Shopaj . iln" athen the taxle emergency reeparjo plans and ensure that

cloud of narthyl lasuciransaw tribes a Union loom emergency respacuse penamel %to

Carbeele 0MUfaicluring facility spread ever trained to carry out Eric plans successfully

.

the sliveiring city. Folloortrid the Shoosal

01

I ) f),
p. 60

Th is legUll"On Or"dw federal tec"Ic4al Coruiervauun VNerv- ;,&eon R H,&

.Wt&nm whers LpisropM&Le. but reiles Jesuit SOC .41 'AUlUiLil" . .4ationjA 3~f

Upon the JILALILAGS and localitIn to take pri. Kathleen rl~ckef Hea,th and Enevii-y :~zmarT MaPonAlibilitY for developing plans foe tute . Dsvtd Zulcx Ceiin W%,," proteCtu" their ettlarng. Prolel.t . Dan Secker FnIfOrLrMenL& : A : '

The undersigned "fighting. labor. 3&11Y Tirnmel. Church Women Un,t-j

health. envtronMentaj. agricultural, rell. Ralph WILEXUU1. ChUren of ,m ,

gjoUL CILLZen . And consumer orwaritzaticiew Mr. STA17ORD -Mr President . '.r, 3

strongly Support the Kazardoua SubsLanc@ Lmendrrent is It SUOSEItUte for :a:7 Inventory in S. St. and the emergency or*- Cuage which was reported by the cc,-, oarednew amendment to be Offered whe n

tne full Senate takes up S. St. The events of Mittee to S . 51 . In the bill L3 repor-ed

recent months have Illustrated drLM&LIClUly and In the first dratt of this noor

L fie need for strengthening the thformaLlon LmendMent. but excluded from tno

requirements and emergency response cap& . IMICULge as we Lre :)resenting [t ~~er~

bilitles under Superfund. The adoption of this Lfternoon . was an exemption fron

these ProviSlOng Could literally mean the the Paperwork Reduction Act for line

difference between Ille aind death for the form 'hat IS required by trLs arneria citizens of this COUntry and for those who ment . Mr. Presidect . I would :Lke *,) must respond to CftgfnjcLl rel suies.

take a few moments of the Senate i We urge YOU to support these importan t

provisions when S. 51 is brought t4 the time to Outline the considerations .nat

senate noor. caused us to remove the exemption

Sincerely. from the finial larilruage that we are

Mike Kerr. American Pedersition of State. offering.

County. and Municipal Emplovem Richard FmnkLly . Mr. President. we included

Duffy. International Association of Fire- the exemption in the Committee t- :

fighters; Fran Durnelle. American LALM AW because we were concerned . and :t Ls a

smiation; Greg Humphrey, American Feder. concern well founded In recent exper:

stion of Teachers ; Miury Lou Licwu*o . As@*.

ence. that if the Office of 4ALnLife- CIVILIOn Of Schools at Public Health; Len

Simon. U.S . Conference Of Mayors; Julia A.

merit and Budget should decide

Holmes. League of Women Voters; Unda oppose the program required by tnz

Ts,rr-Wheuin. National Education Assocus.

amendment, that it Erugnt block Ine

tion; Lorl Rog&vM American Association of program by prohibiting the LnformaUniversity Women; Janet Hathaway . Public tion collection procedures on whicri

CiLlsen a Congress Wateni Diane Viu%Dg the success of the program depends.

Hie . National Assactaitton Of Local Govern . OMB has authority to review fornz menu on HaZLrdOUA Wastai Robert Ajpern. and surveys and other Information col

Of"AuLiFtOn Offim Unitarian Universalist.

Associaltion of Corupegst,iong in 140" lection utstruments prevared by the

Aawrk% Allen 911114,11t. Rural Advaricerntrit regulatory agencies under the PaperP'und; Raviland C. HouaLm General Board work Reduction Act which wLs &doptof Church and Society. United Methodst ed by the Concress in 19W.

Church : Rick Kind. U S . PtM Eric Jansson. Although the COMaUttee is not now

N"100111il Network I* Prevent Birth Defects: awalre of any case In which the PaperLin" Golodner. National Consumers work Reduction Act has been used '.a

League: David Mallina. IndusLrW Union De. prohibit the publication or use of &

pairtment. AFL-CIO,. 4eff Tryema Confer . fOrM required by Statute . It is Lznporence on Altitimaive St&W and 1-1 Policlegi itant that Congress exercise 0gilance Gene Kimmirkmart. Consumer Federation of in this Lres . For Instance . members f AMeTiM Leslie Dach. Nattional Audubon So .

ctety'. Jay Feldman. National Coalition the ocirrulaittee-members who %iL 1.)e

Against the Misuse of Pesticicim and Shir . Joining in this col.loquy-have also reley Briggs . Rachel Carson Council. cenUy Joined to communicating our

Chasiles Love . United Church of Christ concern to the Director of the Office

Commission for Racial Justice ; Bill Kline . of Management and Budget on ~he Lse fetter. Unit" Steelworkers of America. V~c- of review authorities under Execut : .-? torta Leonard. National Women a Healtri

Network. Ken Kamles. Nsuona& Wildlife Order No. 12291 which have unduy

Federation; Ma"s Bros& Natural Re. delayed publication Of some 40 recorri .

sources Defense Council: Anthony Guarisco . mended Maximum contaminant ie,.a~s

International Alliance of Atomic Veterana that have been proposed by the Al

Ueoff W*bb. Phends of the Carm John ministrator of the E~ftvlronmenLsl Pro . O'Connor. Natlowsial Campaign Agatrut tection Agency to fulfill . in part, rts Toxic Hazardsi; Nonhjus Solomon. Fellow. resoonsibiI I ties under the Safe Dr!nK Ship Of Peconcilisiu0n ; Ann P Lewis. Ameri.

cans for Democratic Action. iiZ~y Hurwit. ing Water Act. Those R%1CL s . as :~~ey

Citizen Actum; Blain Lum Claw and are called. have been gathering J--st

Laity Concerns& Prod Killer. ftvironmen. ona desk at O%1B since last Apr.~-

t&1 P011CY institute. SOKII KarUn. League of lung past the destine set by Exec,.I, .,.e

L
p. 61

1092

order t2291 for Agenry revto.

. tor 89,rTsgm here today Will require So~ Mr Pre~ident. there is cauie for the Drepbiation and use of a form w

concern in this area. But Senator assure the Success of the program . 7he

B,LmTsitti and I have been willing to form which Li developed under author

cottsider removing the Paperwork Re- ILY 01 this amendment is a form re

duction Act exemption in our amend- quired by la w

ment . and which wab contained in th e

bill as reported . an the assurance that Mr President . in 1980 when the Pi

the Office of Management and Budget Perwork Reduction Act wits onsented

does not have the authority under to the full Senate by the Governmeri

that act to prohibit the publication or tal Affairs Committee it was accompa

u,i,! of a form that is specifically re- nted by a committee report . Seriate

quired by law. Let me be clear on this Report 96-930 . which contained trie

point. Mr. President . This amendment following language at page 49.

requires EPA to publish and distribute Unless tPe ~oil~ction of rfrrmation

a form to collect information . We are Snecifically required OY ~,,Ittil.ory it~

taking the Senate's time to establish Directors -s 1,nal for aa,n

the point that OMS cannot prohibit CIP3 wnich are not napverarm rogutatory

EPA from writing . publishing. circulat- astencics.

Ing. and Collecting data through this Mr. President . that lar.gutge f.-om

form . It cannot be prohibited because th- committee report reflects a care

It Is required by law. fully crafted compromise It sra,r s

As it happens. one of the members conditions under %nicri tl-.e 2u'. .Iior:t~

of our committee is also chairman of of the Director on whether an infor

the Subcommittee on Intergovernmen- MaLion collection instrument is ner-s

tal Relations which has legislative ju- sary is not final . One case is the caze

rtst~jction over the Paperwork Reduc- of independent regulatory agenc;es. a

tion Act. On behalf of that subcom. matter which does not concern ~he

mittee. the Senator :rom Minnesota is Senate this afternoon . The other caie

here to cincribe tn* provisions of the is the one in which the collection of

Paperwork Reduction Act which are information is Specifically required t:~

relevant U1 this ease. He is joined by law . In that case it is clear that the Di .

the Senator from Florida who Is aliso rector does not have authority to

the ranking minority member of the block or prohibit use of the form.

subcommittee. Mr. President, I hope chat thos e

I would yield at this Ume . Mr. Presi- comments have been helpful, if only in dent. to the Senator from Minnesota reiteration of the case already %ell so that the Senate might Itarn of his stated by the chairman of the Com- views. mittee on Environment and Public

Ur. DURINBERGEIL Mr. Presi- Works. OMS can t stop this form .

dst= t thank the distinguished chairMan of in* Commilittee act Environ . Mr. BENTSEN . Mr. President . I

ment and PUbliC Workill. the Senator want to join in remarks by Senators

from Vermont. for brtngUlg this issue STA"oixa . DtramsepGat. and CHMItS .

to the attention of the Senate and for The requirement for a hL=rdous suphis wiLlingnese to consticlier a

different stance inventory. which has been spemethod to entire the same end. The cifically established by the itibsutute

Senator from Florida. Senator CmtLzs. smendment~ can be accommodated

and the Senator from Missouri. Sena- with the requirements and protections

tor DAsrroaM both ralised concerns of the Paperwork Reduction Act .

when they reviewed the committee re- The committee was sertsitt%e to the

ported bill and saw that it contained precedent which would be established

an exemption to the Paperwork Re- by in exemption. The P%perwork Act

duction Act . That exemot,10n IS rC- is Governmentwide In its scope and

moved by this amendment. But in no covers all the Federal agencies . Given

event should this legulative history the concerns raised . and the underconfuse a point whbch ta clear to LU standing of the Paperwork Act which

sensitairs. OMB Cannot use its author- has been discussed today . we did not

ity under the Fiaperwork Reduction feel an exemption was warranted. The

Act to block or delay the publication idea that Congress is not going to try

or use of a form or survey or other in- to keep controls an paperwork requireforWAUou collection instrument that ments that impact the Public is not a

is required by law. The amendment of- siI

gnal that should be sent .

fered by Senator STArroals and Sena- Mr. STAFFIORD . Mr. President . I
p. 62

tn&nit all 73.enat.ors for t! ;rir -jr.ArILS 01 sal reQuesu for

and p&rtIc . .,i&,1on In thlis The er they came

Paperwort IteductiOn Act Can -je by way Of rejjUiMLQ~ . a forms. Of rer"dkeepin, requtremen, tiseful Cool LO reduce the burden of Ab.-rAL W GO,,errur,jjt Paperwork which has . US ZQnLrol nWhbpr' no ~r

'3-n be DerAlmed 'Of C104 fOiIG%Lng been felt by so many Small OUSrnesseS 'equest

.

,,nd other Concerns In this country The LZILP-rit behAnd Ill" enUiLlemer But ILS jsef'ul " thiis management AAA *4 .11-naLe 'L"e and ~"j,

tool can be . it Is just as ~rnportariL that LILxe% 1111000sed by WWWewsry pa ;~e thobe of us in Congress who created work and, regulawry requirrm,--w- Lhc Paperwork Reduction Act Ind irld to creiste & mesn.6-1glill str_wt .,

have provided authority (Or other Of &CCOUl'tAbILILY to help refiEDre :710,, management tooLl of a ss:milzr kind conlidence In Uie idea wiax Go~er: make sure that authority 13 riot abused ment can wort effe:*_~'.eiy And

to the point that Substantive provt . clentlY tO ufie and 13xovlde uiforma*. .c~ slops of ;aw or nationrl Policies estab- needed to meet our a&uan&i

lished by the Congress are undone . I ments.

believe that this discussion on *,he Tj this end . the act eauires Fetera

I ;oc,r of tt.e Senate has ser%ed bot h agencies to justify their '-dnrmatior

-nds well. demands. The public. by way of ~r,

Mr. CHILM Mr. Presidirot. I want FcderaJ Rerister. ts to be made &%jz,

to trijulk Senators STA"Oful . BEX, Ex.

that an agertcy intends to re-ueTt

And Dusia"ancirs for their Consider- formatf(m . ftblic comment ! 3

ation of whether L4 exemijUon to the The agency is to check to be sur~

Paperwork Reduction Act Is needed In infarnix0on Is no' duplfczthe . dn~i

mandating an tnveM*ry for hazardous have practicat utility . and Ls oe!rg

substances. The substitute amendment asked for in the least cm I y niarinreerr.

to section 106 of S. 51 proposed by the The Director of the Office of M&,!

Senators does not coutsin. any such ex- agement and Budget is resmnsime

emption. I agree with that judgment, reviewing agwx-r Justifleations. 7-. e

As the sponsor of the Paperwork Re- Director is intended to be the certriiij

duction Act In 1960, 1 do want to ad, manager. the manager that Insists ori

dress certain concerns which have interngency coorainaCon If neede,.4, been raised orer the relaucinisrup of 'he point In the system Imounta~le

the requirements and protections pro- 'Or seeing to It that agencies have !L-1

vided by the Paperwork Art to the ere- !ncenttve to meet the standards In tne

atior of a national ha=rdous sub- act. With an &PvrOval comes a control

stances Inventory . number no control number is assigneli

Collecting . using. " disseminating a disapproval .

information is a vital activity to the The Director must Inake all de-,

proper functioning of our Govern . slons publicly available. Both ne

ment. Congress has made critically im- agencies and the Director must oper

portant commitmenti to the people of ace withIn statutorily prescribed time

this Motion In such areas as cj%1I tables.

rights. and ensuring a safe workplace The law is designed to onatil- &n.

and healithy environment . Without open and visible decision proc-ss

adequate information these commit- which encourages public pi&rt :c :paEjori_

ments can not be meL Plenty of sunshine Is key to the :rteg

The promise behind the Paperwork rity of this p oce . All requests of tne

Reduction Act Is that the ftdeml public, In whatever form . rrust be reCroverisrsent has a positive responsibil- justified and opened for Public co m. .

ity to imourse Inforra&tIon It asks the ment every 3 years .

public to Provide or maintain is neces- Unless the collection of informatiTri

sary. and willill be used for the purposes is specificsilly rmulred by =tutarF

Intended by Congress. The PuWic pro- law the Directors determIcAudin of an

tecuon section Of Lbe art declares uma agency justification is final. Independ .

ail IndilviduaLs. Btage and laciall govern. ent regulatory agencies may ci,~ernde

asents . 00111prillifit OrUnk-Lionlik, or the Director's review. ExecuE:% e

busaneseas am willittled to an assurance branch agencies may not .

frons Lbeir Goverfamerill, that the lindoe- This aspect of the Director's role

matim uny we either Listed or re- ralsed questions concerintrul ctie form

quilred to Provide hm been checked for and collecting of information requLmd

its need and effiderwy. The Law re- by the mandate for an Lnrentory for

quires a cionitzoil numintior be displayed hazardous substances. The Directar s
p. 63

1094

ability to difimorrove a justification of The amendwer

need does not extend to .t yo 5481 a Collection of iucreed to

.

information requirement spec%ficAu y

cOntalned In 3tatuLor7 law . In such In . Mf STkFMFLD. Mi Previldent.. I

stances. Congress has dEttrmlned the move ~o recotwNder the 'OLe by wrilcrt

need for trtformaUcm . The Paperwork the amendment was niyeed to .

Reduction Act in no way enables the Mr- BENTSEN %Ar P-,s :denL I move to Director to overturn IRY that motion na the table . a

determlhatoct The notion to Lay an tne table wits made by Congress and stated in law

Wbat an agency may decide to add to. agreed to.

a requirement spectficially contained U1

law would be subject to a0graintl . Mr. STAPPORD hill, President . r

In those cases Congress has spectfled send - amendment to the de-sk On

the request and where the Director beftlLif Of MYseif and Senator BicirrszN

may not d"purove . the agency would Cid sell: for Its immediate cions1der

stM be required to Lssew the burden ation.

of the requiremertL The Federal Reg. The PRESMZNG oMcER. The

Liter amouncement and Invitation for cleric will report.

public comments would still preval.L A The legialAtIve cleric read as followscontrol number woWd be autornatics.1- The St?"Waf troas Vemock ihtr SrAr .

ly U31gurd. The Intent here to to raital. for him"a ar4 Mr. i1sisrum . Droenable Congress to have the best In- POOCS an IUft4IQdMAnL numWed 846.

formation to cLrTT OU6 its resgionsilid- Mr. STAYPQRJOL Mr. President I

Ity for oversight and periodic review of AU unsr.lirsous coneemt that further its determination of need.

Plon the staridpoint of a

singile rVIII&AN Of the AlnercMent, be dim.

agency . or single program whose pri- pensed with .

mary mission may be to save Lives or 131e PREHIDLNG OF71CM Withprotact. the public. it is sometImes; dif. out objection. it usso ordered.

ffeWt to understand the need for a

The amendment Is &3 follows:

governmentwide accountability struc- On We 48 . atUr line 3. truiert the fonowlure for paperwork and regulatory de- Ing new sertlon and renumber ruosequent

minds with rU a3mcclated Justification sections accordinglyand public participation requirements. 11111trMANT luccort"

It is wtten you look at the overall Sec. - (a) section 101( .20) of t.-.& como;*-

impact of all the rederal Govern- liettrive Environmental Resomse. Comber.

ment's information needs upon the seition . and Erabillity Act of i9w Is 46-nended

public that the need to establish a dL3- A" thQ followling new wbparagrantr

cloUne within the exectutive agene3es 0) at the code, of a facility at Which

equumerm; for the recovery or Procmaing to control and better manage Informs- (Uwjudift -Oft Illation of e"1101RUML&I Of tion resolurces; become3 apparent. inewane has been wisLaited I) Lew term

Again I want to thank the sponsors ownat or ociersuar' srau &" uiciuda tn,@~

of thin amendment for their consider- owner or operator of buch eQLu,7m*nL. unjeas

stion. Senator Blarfracip, I know, has such owner or operator is &t= tne Owner op,

long been a wiLirrfor In the fight Operator of the facility at w"len men equip.

against unnecessary paperwork and ment has been InlitaJiled isnit lip the Owner

regulations. His experience goes back or opetwAr Or nianufamrw elf such equm.

"Mu tactics than the owner Or operator of

to the early 1974's ka U-Anc to teen the facahLr " which such equwwwot b"

the old Feciend Reports Act. the law been Installed) &h&U not be carstaerea to

upon which Uw Paperwork Reduction have arringed for dJ&Qo&&J of L"&W&eQ& of

Act was built. from being weakened. am h4awdous Substance at &UCA facLuty

He was a key and original sponsor of Pursuant to 90MOn LOT Of tbi2 Act . except

the Paperwork Reduction Act efforts to the efteUt that them is a reteam of &

in 1980.

hasard" substance from inch facaft y

which was srusarilly caused by acu~mes of

Mr. STAFTIORD. Mr. President. I

tra owner or OMM90C of such equipment lutow of no further speakers an this other than the rwArculatJon of coneeUMAL0

side of the alsk. I am prepial to have or Other Name material 1which is am a oldie

the Senate act. meeting any of the charactersaucs inaesiti .

Mr. BENTSEN. Mr. Pi dent. I

fled under section 3001 at Q4 3oUd Waste

know of no a"tions.1 speakers on this DUPOW Act . '

side . We an prepared to act.

(of UnJess the Atimintstinstar DrOrnuillate3

The PRESIDING OMCUL if regulations under suclutle C 0, .he Sol,d

there be no turthier debate. the ques- Waste Disposal Act addressing the ext.-Ac

cion of wastes from iLri-Ifilis as part of tne tion is on agreeing to the amendment. pi OC of recovering methane from sucri
p. 64

1311

99TIl CONGRESS

1ST SESSION He Re 2005

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 26 (legislative day, SEPTEMBER 23), 1985

Ordered to be printed %,.ith the amendments of the Senate

[Strike out all after the enacting clause and insert the part printed in italic ]

AN ACT

To amend title 11 of the Social Security Act and related provisions of law to make minor improvements and necessar v'

technical changes .

. . Be it enacted by the Senate and House of Representa2 tives of the' United States of America in Congress assembled,

3 SECTION 4-, S14ORT WITS I R

4 Thie A4 n%y be eited ae the "Seeial Seear-ity Miner

5 a4d Teehaieal Qhangesk4 ef 1986".

TABLE ". GONTENT-8

See- 4- ghe4 ftgegee- 2-. Pemeftstraiion prejeeis inyoiving the disehiiii inguranee PfOgf-fiffl .

See- 4, Dissbiiiiy advisery eouneii .

See, 4-. Tw(&tie%'e4 seeW geeuri%y benefits remiqwd 1w eema ;n ekizens of posse .9

eiem e4 the Unite Sistes .

$ee, &. Apphemien of dependene *o te e4epted great greadehil fOP Pk1FP09e .9

ef ARd's instiranee benefitq.

See, 6k Elifnitimie ef requiremem fer pubheatien of reyisiefts in pre 1970 henefi!

%41eSee, -7-. Fail safe formule eiarifieatien.

&e-.' & Exiensien ef fifteen menih reenlilieffien peried te ehildhoe diqaWilq, heRe

fieiaries subsequemly entitled .

&e- D-. Chargin 64 WOfk AF-d WfiARA agaifWt awtili-Apy henefits ift disability easeq.

See, 44D.. Perfeeiin arnendmenis to disability eff-je4
1343 p. 65

33

1 upon, any person, the district court of the United States for

2 any district .in which such person is found, resides, or trans3 acts business, upon application by the United States and

4 after notice to such person, shall have jurisdiction to issue an

5 .

.9rder requiring such person to appear and give testimony

6 before the administrative law judge or to appear and produce

3 documents before the administrative law judge, or both, and

8 -any failure to obey such order .of the court may be punished

9 by such court as a contempt thereof.

10 "(6) Action taken by the President pursuant to this subI I section shall not affect or limit the Pre3ident's authority to

12 enforce any provision of this Act: Provided, however, 7%at a

13 failure to notify the appropriate agency which is penalized

14 administratively under this subsection shall not be the subject

15 of a criminal penalty under subsection a~ of this section. ".

16 (d)(1) Section 103(d)(2) of the . Comprehensive Envi17 ronmental Response, Compengation and Liability Act , of

18 1980 is amended by striking 120,000" and inserting

19 "$25, 000 " in lieu thereof.

20 (2) Section 106(b) of the Comprehensive Environmen21 tal Response, Compensation and Liability Act of 1980.i3

22 amended by striking '15,000" and inserting "$10,000" in

23 lieu thereof. -, -

24 HAZARDOUS SUBSTANCES INVENTORY . 1

25 SEC. 110. Section 103 of the Comprehensive Environ26 mental Response, Compensation and Liability Act of 1980,

QVI
p. 66

1344

1 as amended by this Act, is further amended by -adding after

2- "Notice, Penalties " .in the title to section 103: ", Inventory,

3 and Emergency Response ". Section 103 is further amended

4 by adding at the end thereof the following new subsection :

5 "(h)(1) The requirements of this subsection shall apply

6 to owners and operators of facilities that have ten or more

7 full-time employees and that are in Standard Industrial

8 Classification Codes 20 through 39 (as in effect on July 1,

9 1985) and that manufacture or process more than 200,000

10 pounds per year of a chemical substance listed pursuant to

11 paragroph-'(2) or that use more than 2,000 pounds per year

12 -of a substance- listedlmrsuant to paragraph (2). For purposes

13 of this subsection,

14 "MY The-derm 'manufacture' -means to produce,

15 prepare or compound a- chemical substance.

16 "M The term 'Process' means the preparation of

17 a chemical substance, after its manufacture, for distri18 bution in commerce19 "N in the same form or physical -state as, or

20 in a different form or physical state from, that in

21 which it was received by the person so preparing

22 such iubstance,

23 'Yii) as, Part of an article containing the

i4 chemical substance.

\,CD
p. 67

1345

35

1 "(C) The term 'use' means 10 Use -for purposes

2 other than processing.

3 "(2)(A) Not later than July 1, 1986, the .Pre3ident shall

4 publish a list of toxic chemical substances whicht on the basis

5 of available information and in the judgment of the Presi6 dent, are manufactured in or imported into the United States

7 in, aggregate quantities that exceed 500, 000 pounds per year

8 and,. (i) based on epidemiological or other population studies,

9 generally accepted laboratory tests, or structural analysis are

10 known to cause or are suspected,of causing in humans ad11 verse acute health effects, cancer, birth defects, heritable 'ge12 netic mutations, or other health effects such as reproductive

13 dysfunction, neurological disorder, or behavioral .

. abnormali14 . ties, or (ii) because of toxicity, persistence, or. tendency to

15 bioaccumulate in the environment, may cause adverse envi16 ronmental effects. Unless and until such list is published,

17 those specific chemical substances identified in section

18 101(14) of this Act shall con3titute,such list.

19 . "(B) 7We President shall, as necessary, but no less often

20 .

. than every two years, review and revise the list required by

21 .this paragraph. Any person - may petition the President to add

22 . a chemical substance to the list or to remove a chemical sub23 .3tance from the list.

24 "(0. The President may establish a quantity different .

25, from~ -that establi3hed'in paragraph . (1), (2), or (3) for par-
p. 68

1346

36

1 ticular chemical substances, based on the toxicity, extent of

2 usage and such other factors as' the President deems -appropri3 ate. TAe -President, on his own motion or at the request of a

4 Governor of a State (with regard to facilities located in that

5 State), may apply the requirements of this subsection to the

6 owners and operators of any particular facility that manufac7 tures, processes, or uses a chemical substance listed under

8 subparagraph (A) if the President determines that such

9 action is warranted on the basis of toxicity of the substance,

10 proximity to other facilities that release the substance or to

I I population centers, the history of releases of such substances

12 at such facility, or such other factors as the President deems

13 appropriate.

14 "M The owners or operator of a f4eility subject to this

15 subsection shall complete a Toxic Chemical Release Invento16 ry Form as published under paragraph (4) for each chemical

17 substance listed under paragraph (2) that was manufactured,

18 processed, or used in quantities exceeding those established

19 under para~raph (1) or, where applicable, subparagraph

20 (2)(C), during the preceding calendar year at such facility.

21 Such form shall be submitted on or before June 30, 1987,

22 June 30, 1990, and June 30, 1993, and shall contain data

23 reflecting releases during the preceding calendar year. If the

24~- President has not published the form required by paragraph

C% L. 10, A % I V P _ .--- 9
p. 69

.1347

37

.1, required to submit information under this subsection shall do

2 so by letter to . the Administrator of the Environmental Pro3 tection Agency postmarked on or before June 30, 1987 ~

4 "(4)(A) Not later -than June 1, 1986, the President

5 . shall publish a Toxic Chemicals Release Inventory Form.

6 Such form -shall provide for the name and location of and

7 principal business activities at the facility and shall provide

8 for submission of the following information . for each listed

9 substance known to be present at the facility- - -

10 "N the use or uses of the chemical substance at

11 the facility;

12 "(W the annual quantity of the .- chemical sub13 stance transported to the facility, produced at the facili14 ty, consumed at the facility, and transported from the

15 facility as waste or as a commercial product or byprod16 uct or compo nent or constituent ~ of a commercial prod17 uct or byproduct;

18 "(iii) the annual quantity of the chemical sub19 stance' entering each environmental wastestream, in20 cluding air,*surface water, land, subsurface injection,

21, 'and discharge to publicly owned treatment works; and

22 "60 for each wastestream, the waste treatment

23 methods employed and the annual -quantity of the

24 -chemical substance remaining in the wa3testream after

25 treatment.
p. 70

1348

38

1 "(B) For purposes of this paragraph, facility owners

2 and operators - may . utilize readily avcAiable, data - collected

3 pursuant to other State and Federal aniimnmental laws, or,

.4 where such data .are not readily available, rea~onable esti5 mates. Nothing in this subsection Aa require the monitor6 ing or actual measurement of quantities of substances or re7 leases beyond that required under other authorities. In order

8 to assure consistency, the President shall require that data be

9 expressed in common units.

10 id(5) 71e Governor of each State shall designate an offi11 cial or officials of the State to - receive Toxic Chemical Re12 lease Inventory Forms. The facility owner or operator shall

13 submit the form to such ci',icial or officials and to the Presi14 dent.

15 "(6) Subject to the provisions of paragraph (8), the

116 President and the Governor shall make the information sub17 mitted pursuant to this subsection available to the public. The

18 President and the Governor may charge reasonable fees to

19 recover the cost of reproduction and mailing of data.

20 "(7) The Pr6Uent shall. esta'blish and maintain in a

21 computer database a Naitonal Toxic Chemical'Release - In22 ventory based on data submitted. under this section. EPA

23 shall make these data accessible by -computer telecommunica24 tion to any person on a cost-reimbursable user fee basis .
p. 71

.1349

39

1 "(8)(A) The .President- may verify the .data contained in

2 the Toxic Chemicals . Release Inventory Form using the au3 thority of.section 104(e) of this Act .

4 . "(B). Information submitted under this subsection shall

.5 be treated as information submitted under section 104(e) and

6 (other than data on the quantity and nature of any release

71 and the identity of the chemical substance released) .. shall be

8 subject to the provisions of section 104(e).

9 "(9) Any person who knowingly omits material infor-

.10 mation or makes uny false material statement or representa11 tion in the Toxic Chemicals Release Inventory Form, shall,

12 upon conviction, be fined not more than $25,000 or impris13 oned fornot more than'one year, or both.

14 "(10) Nothing in this subsection shall be construed to

15 limit the ability of any State or locality to require submis16 sion of information related to hazardous substances, toxic

17. chemical substances, pollutants or contaminants or .other ma18 terials.

19 "(11) Section 104(e) of . the Comprehensive Environ-

.20 mental Response, Compensation,, and Liability Act of 1980,--

21 as amended by this Act, is further amended by inserting 'and

-22 section 1,03' after 'under this section' in the first sentence.
72

1546

99,rH CONGRESS

18T SESSION Re Re 281 7

To &mend the Comprehensive Environmel"I Response, Compensation, Lad

Liabdity Act of 1980, Lnd for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JuNz 20, 1985

Mr. ECKAXT Of Ohio (for himself, Mr. Lzwr, Mr. TAUZIN, Mr. RITTER, Mr.

RA.LPH M. ETAIJ, Mr. CoAT9, Mr. Downy of Mississippi, Mi. FIELDS, Mr.

SLArrzzy, Mr. SciLAzrzo, Mr. Dn4ollt,L, and Mr . BsonaLL) introduced

the following bill; which wAs divided and referred u follows : Titles I and H,

except for section 206, to the Committees on Energy Lnd Commerce and

Public Works Lnd TriinsportLtion : section 206 Laid title M to the Committee

on Energy Lad Commerce ; and title rV to the Committee on Ways and

Means

A BILL

To Emend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes .

I Be it enacted by the Senate and House of Representa2 tives of dw United States of America in Congress assembled,

3 SZCTION 1. SHORT TffLE AND TA.BLE OF CONTENTS.

4 This Act may be cited as the "Superfund Amendments

5 Of 1985".

TABLE OF CONTENTS PAGE

See. 1 . Shm tide And table of contents ... ........... . .. . . . . . . . . . . . . . . . . . . .. .. . ........ . . . . . . I

See. 2. CERCLA ... ... ....... . .. . . . . . . . . . . . . . . . .. . .. ... ........ ... . . . . . . . . . . . . . . . . . . . . .. ........ ... . .. . 3
p. 73

1647

108

1 (b) CON-FORMING - IMENI)MENTS.-(1) Section

2 101(a)(16) of CERCLA is &mended by sFnk1ng 14f" ijig, last

3 time it appears and by inserting before the semicolon at the

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

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

6 member of an Indian tribe".

7 (2) Section 107 of CERCLA is &mended as follows :

8 (A) In subsection (a), insert "or an Indian tribe"

9 after "State".

10 (B) In subsection 1i), insert "or Indian tribe" after

11 "State" the first time it appears.

12 (C) In subsection ij), insert "or Indian tribe" after

13 "State" the first time it appears.

14 SEC . 209. COMMENCEMENT OF DRILLING FLUIDS, ETC . STUDY .

15 The Administrator of the Environmental Protection

16 Agency shall commence the study required under section

17 8002(m) of the SoUd Waste Disposal Act not later than 6

18 months after the date of the enactment of this Act.

19 TITLE III-COMNUNITY RIGHT TO ILNOW AND

20 EMERGENCY PLANN-DiG

21 SU`BTITLE A-COMMUNITY RIGHT-To-KNow

22 SEC. 301. BASIC NOTIFICATION REQUIREMENTS.

23 (a) MATERIAL SAFETY DATA SHEETS.-

24 (1) BAsic REQUMEMENT.-Each owner or oper25 ator of a facility at which a huardous chemical (as de1~ A'
p. 74

1648

109

1 fined in section 324) is produced. used, or stored shall

2 file a material safety data sheet for such hazardous

3 chemical with the State and local officials designated

4 under section 302 . Whenever a material safety data

5 sheet is re,6sed (as required tinder regulations under

6 the Occupational Safety and Health Act of 1970) each

7 such facility owner or operator shall file, as promptly

8 as practicable but not later than 3 months after such

9 revision, the reNised material safety data sheet wit h

10 such State and local officials .

11 (2) CONTENTS OF SHEET .-Each material safetv

12 data sheet required to be filed under this subsection

13 shall contain the same items of information as are re14 quired for material safety data sheets developed under

15 regulations under the Occupational SaIety and Health

16 Act (presently codified at 29 C.F.R. 1910.1200(g)).

17 (b) ErFECTrvE DATE.-The requirements of this sec18 tion shall take effect on July 1, 1986 .

19 SEC. 302. PUBLIC AVAILABILITY OF MATERIAL SAFETY DATA

20 SHEETS.

21 (a) DESIGNATION OF OmcuLs.-Before May 1,

22 1986, the Governor of each State shall designate appropriate

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

24 required recipients of information under this subtitle for facili25 ty owners and operators located within that State or, in the

esuffe
p. 75

1649

110

1 case of a loc&l or regional agency, facflity owners and opera2 tors located within the political subdivision or combination of

3 poUtical subdivisions concerned . Designations under this sub4 section may be revised as may be appropriate .

5 (b) AvAMABILITY TO PUBLIC.-Each agency designat6 ed under subsection (a) which has received any material

safety data sheet shall make such sheet aviflable to interest8 ed members of the publ.ic .

9 SEC. 303 . AVAILABILITY OF 14ATERIAL SAFETY DATA SHEETS

10 TO OTHER OWNERS AND OPERATORS.

11 (a) BASIC RzQtTmz ME NT.-Each faeflitY owner or op12 erator who supplies a hazardous chemical to any other fac&

13 ty owner or operator shall furnish a material safety data

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

15 sheet shafl be transmitted before (or at the time of)-

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

17 operator to the other facflity owner or operator; and

is (2) the first shipment by such faeffity owner or op19 erator to the other facility owner or operator following

20 any revision of a material safety data sheet previously

21 trwmnitted by such facility owner or operator to such

22 other facility owner or operator.

23 M PROMING OF SHEET.-Any material safety data

24 sheet required to be fumished to a faeflity owner or operator

25 under this section in connection with a shipment may be proSM 307 0
p. 76

1650

I vided w~ith the s;hipment or sent to the facility owner or oper2 ator separately prior to the time of shipment.

3 -CC) UNAVAILABILITY FROM KANUFACTURER GR 131-

4 PORTER .-Except for a facility owner or operator who is a

3 manufacturer or importer of the hazardous chemical, the re6 quirements set forth in this section and in section 301 shal l

not apply if such facility owner or operator has not received a

material safetv data sheet for such hazardous chemical from

9 the person who supplied such hazardous chemical to such

10 facility owner or operator.

11 (d) EFFECTrrE DATE .-The requirements of this sec12 tion shall take effect with respect to shipments after May 1,

13 1986.

14 SEC . 304. PROVISION OF INFORMATION TO HEALTH PROFES .

15 SIONALS . DOCTORS. ANDNURSES.

16 (a) DIAGNOSIS OR TREATMENT BY HEALTH PROFES1 7 SIONAL.-A facility owner or operator required to file a ma18 terial safety data sheet under section 301 shall provide the

19 specific chemical identity of a hazardous chemical to any

20 health professional who requests such information in writing

21 if the health professional provides a written statement of need

22 under this subsection and a written apeement, of confiden23 tiality under subsection (c). The written statement of need

24 shaU be a statement that the health professional has a rea25 sonable basis to suspect that-

*satin
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112

1 (1)the information is needed for Purposes of diag .

2 nosis or treatment of in individual ;

3 (2) the individual or individuals being diagnosed or

4 treated have been exposed to the substance concerned ;

5 and

6 (3) knowledge of the specific chemical identitv of

such substance wil.] assist in diagnosis or treatment .

8 Following such a written request, the facility owner or opera9 tor to whom such request is made shall promptly provide the

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

12 under section 323 when such information is a trade secret

13 shall not apply to information required to be provided under

14 this subsection.

15 (b) MEMAL EMMEGENCY .-A facility owner or opera16 tor required to Me a material safety data sheet under section

17 301 shall provide a copy of the material safety data sheet,

18 including the specific chemical identity of a hazardous chemi19 cal, to any treating physician or nurse who requests such

20 information if such physician or nurse determines21 (1) that a medical emergency exists ;

22 (2) the specific chemical identity of the hazardous

23 chemical is necessary for emergency or first-aid diag24 nosis or treatment;

am M7 a
T

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1 0the individual or individuals beine diarnosed or

2 treated have been exposed to the substance concerned :

3 and

4 (4) knowledge of the specific chemical identity oi

.3 such substance will assist in diagnosis or treatment .

6 Immediately following such a request, the facility owner or

operator to whom such request is made shall provide the re8 quested information to the physician or nurse . The authority

9 to withhold the specific chemical identity of a substance from

10 a material safety data sheet under section 323 when such

11 information is a trade secret shall not apply to information

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

13 this subsection . No written confidentiality agreement or

14 statement of need shall be required as a precondition of such

15 disclosure, but the facility owner or operator disclosing such

16 information may require a written confidentiality statement in

17 accordance with subsection (c) and a statement setting forth

18 the items listed in paragraphs (1) through (4) as soon as cir19 cumstances permit .

20 (C) CONFOENTLALITY AGREEMENT .-Any person ob21 taining information under subsection (a) shall, in accordance

22 with such subsection (a), be required to agree in a written

23 confidentiality agreement that he will not use the information

24 for any purpose other than the health needs asserted in the

25 statement of need, except as may otherwise be authorized by

HR 2817 IH-8
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I

the terms of the agreement or by the person providing such

2 idormation . The corifidentiahty agreement under this subsec3 tion may provide for appropriate legal remedies in the event

4 of a breach of the agreement, including stipulations of a rea5 sonable pre-estimate of likely damages . Nothing in this sub6 section shall preclude the parties to a confidentiality agreement from pursuing non-contractua.1 remedies to the extent

8 permitted by law.

9 SUBTITLE B-Emmi&GENcy RESPONSE

10 SEC. 311 . EMERGENCY RESPONSE PLANNING .

11 (a) STATE CommssioNs; LOCAL COMMITTEES.-

12 Within 90 days after the enactment of this section, the Gov13 ernor of each State shall appoint a Hazardoub Substance

14 Emergency Response Commission for that State (or desig15 nate one or more existing emergency response organizations

16 within the State) to coordinate response planning in the State

1-4 for hazardous substance emergencies . Within 120 days of

18 such appointment or designation, the Commission shall desig19 nate local Emergency Response Committees to develop

20 Emergency Response Plans for their communities . Upon re21 quest, the Commission shaH provide assistance to the local

22 Emergency Response Committees in developing and imple23 menting Emergency Response Plans .

24 (b) PREPABATION OF PL"a.-Each local Emergency

25 Response Committee shall prepare a proposed Emergency
p. 80

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Response Plan under this section . The plan shall be devel2 oped bv the Committee in consultation with those persons or

3 organizations which would be expected to play a major role

4 in the event of a hazardous substance emergency, including

3 owners and operators of facilities at which substantial inven6 tories of hazardous substances are maintained, elected officials, law enforcement and firefighting personnel, public

8 health, medical, hospital, and environmental protection per9 sonnel, civU defense personnel, transportation officials, and

10 representatives of broadcast and print media . The proposed

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

12 of Committee formation. The Committee shall provide a

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

14 conduct a public hearing no later than 25 days after the com15 ment period begins. A final plan shall be published by the

16 Committee before the date 20 months after formation of the

17 Committee . The final plan shall be accompanied by the Com18 mittee's response to each of the significant comments, criti19 cisms, and new data submitted in written or oral presenta20 tions during the comment period.

21 (C) CONTENTS OF PLAN.-

22 (1) IN ozNzEAL.-Each emergency response plan

23 under this section shaU be designed to minimize injury

24 to human health and the environment in the event of a

25 hazardous substance emergency . The plan sh&U be inon 211 0
f p

. 81

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1 tegrated with existing emergency response plans at the

2 discretion of the Emergency Response Committee .

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

4 the elements listed below :

3 (A) The names and telephone numbers of

6 emergency response personnel at each facility in

7 the community at which a substantial inventory of

8 a hazardous substance is maintained.

9 (B) A designation of those State or local offi10 cials in charge of responding to a hazardous sub11 stance emergency and those officials who are to

12 be notified under section 312 in case of a hazard13 ous substance emergency .

14 (C) A description of notification procedures

15 and communications systems (including alann and

16 warning systems) to be used in the event of a

17 hazardous substance emergency .

18 0 A description of emergency equipment

19 and facilities in the community and an identifica20 tion of the persons responsible for making them

21 available in case of emergency .

22 M A description of the types of measures

23 that may be taken to mitigate and minimize the

24 risks to human health and the environment posed

on NIT 0

75-954 - 90 - 5
p. 82

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11 -,

1 by various types of hazardous gubstance emer2 gencies.

3 M Emergency evacuation plans, as well as

4 an evaluation of the adequacy of existing trans5 portation facilities to accomplish an evacuation.

6 (G) A description of training programs and

drill schedules to be used for purposes of emer8 genc.v response planning and preparedness.

9 (M An evaluation of medical, police, and

10 firefighting resources av&dable in the event of a

11 hazardous substance emergency and recommenda12 tions, if appropriate, concerning what additional

13 resources should be designated by State or local

14 governments for responding to such emergency.

15 SEC. 312. EMERGENCY INFORMATION .

16 (a) IhMDIATE NOTICE.-The facility owner or opera17 tor of a facility at which a hazardous substance emergency

18 occurs shall immediately provide notice of the occurrence of

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

20 designated to receive such notification in the Emergency Re21 sponse Plan for the community in which the facility is locat~

22 ed. Such notice shall include u much of the information re23 ferred to in subsection (c) as is known to the owner or opera24 tor at the time notice under this subsection is provided.

es 317 n
p. 83

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118

1 (b) EMERGENcy BULLETIN .-As soon as practicable

2 after a hazardous substance emergency, the facility owner or

3 operator of the facility at which the hazardous substance

4 emergency ocew-red shall furnish an emergency bulletin

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

6 been designated to receive such bulletins in the Emergency

i Response Plan for the community in which the facility is lo8 cated . Such officials shall make the emergency bulletin avail9 able to interested members of the public.

10 (C) CONTENTS op EmzRGENcy BULLETI-N .-Each

11 emergency bulletin under this section shall include a full de12 scription of the hazardous substance emergency, including, at

13 a minimum14 (1) the chemical name or identity of the hazardous

13 substance involved in the emergency ,

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

17 that was released into the environment during the

18 emergency,

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

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

21 the release, and

22 (5) any known or anticipated acute or chronic

23 health risks associated with the emergency and, where

24 appropriate, advice regarding medicad attention neces25 sary for exposed individuals.

911 n17 2
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119 1

1 SUBTITLE C-GENERAL PROVISIONS

2 SEC . 321 . STATE AND LOCAL LAW.

3 Except as provided in this section, no State or local

4 government may adopt or enforce any requirement pertaining

3 to any aspect of chemical hazard communication which is

6 governed by any provision of this title unless the State or

7 local requirement is identical to the requirements of this title

8 which govern the same aspect of chemical hazard communi9 cation. Any State government may adopt and enforce any

10 provision of law or regulation pertaining to hazardous chemi11 cal communication which12 (1) applies to a manufacturer or importer of a haz13 ardous chemical;

14 (2) is supplemental to the requirements of this

15 title; and

16 (3)is not in conflict with such requirements .

17 SEC. 3n. ENFORCEMZNT.

18 (a) Crvm PENALTIM-Any person who violates any

19 provision of this tide by failing to20 (1) file or furnish a material safety data sheet as

21 required by section 301;

22 (2) provide information to a physician or nurse in

23 accordance with section 304(b); or

24 (3) furnish notice or an emergency bulletin as re25 quired by section 312;
p. 85

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120

1 shall be liable to the Un~ited States for a civil penalty in an

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

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

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

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

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

the penalty is sought resides or in which such person's princi8 pal place of business is located .

9 (C) SPEcL*-L ENFORCEMENT PROVISIONS FOR SECTION

10 304.-Whenever any facility owner or operator required to

11 provide information under section 304(b) to a doctor or nurse

12 who has requested such information fafls or refuses to provide

13 such information in accordance with section 304(b), such

14 doctor or nurse may Wing an action in the appropriate United

15 States district court to require such facility owner or operator

16 to provide the information. Such court shall have jurisdiction

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

18 necessary to enforce the requirements of section 304(b) .

19 SEC. 323. TRADE SECRET&

20 (a) AuTHosiTy To WrrEWOLD INFORMATION FROM

21 MSDS.-Any facility owner or operator required to file a

22 material safety data sheet under section 301 may withhold

23 from such sheet the specific chemical identity, including the

24 chemical name and other specific identification of a hazardous

25 chemical, from the material safety data sheet, ifgo

L
p. 86

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1 (1) the claim that the information withheld Is a

2 trade secret can be supported ;

3 (2) information contained in the material safety

4 data sheet concerning the properties and effects of the

5 hazardous chemical is disclosed ; and

6 (3) the material safety data sheet indicates that

7 the specific chemical identity is being withheld as a

8 trade secret .

9 Nothing in this section shall authorize any person to withhold

10 information which is required to be provided to a health pro11 fessional or a doctor or nurse in accordance with section 304 .

12 SEC. 324. DEMMONS FOR TrrLc in.

13 As used in this title14 (1) COMMSSION .-The term "Commission"

15 means a Hazardous Substance Emergency Response

16 Commission (or other existing organization) designated

17 by a Governor under section 311 .

18 (2) HAzutzDous amwcAL.-The term "hazard19 ous chemical" means any substance which is treated as

20 a "hazardous chemical" pursuant to the Occupational

21 Safety and Health Admeni tration's Hazard Communi22 cation Standard (presently codified in 29 C.F.R. sec23 tion 1910.1200), except that the following substances

24 shall not be treated as a "hazardous chemical" for pur25 poses of this tide:

CAR an a
p. 87

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

drug, or cosmetic regulated by the Food and Drug

3 Administration .

4 (B) Ariv manufactured item which contains a

3 hazardous chemical present as a solid which does

6 not result in exposure to the hazardous chemical

under normal conditions of use .

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

9 personal, familv, or household purposes, or is

10 present in the same form and concentration as a

11 product packaged for distribution and use by the

12 general public.

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

14 a laboratorv, hospital, or other medical faci.lity

13 under the direct supervision of a technically quali16 fied individual .

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

is routine agricultural operations .

19 (3) MATERIAL SAFETY DATA SHEET .-The term

20 material safety data sheet" means a material safety

21 data sheet developed for a hazardous chemical pursu22 ant to the hazird communication regulations promul23 gated under the Occupational Safety and Health Act

24 (presently codified at 29 C .F.R. 1910.1200).

on 1217 a
p. 88

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123

1 (4) FACILITY OWNER OR OPERATOR.-The term

2 "faeflity owner or operator" means the owner or oper3 ator of a faci.lity at which a hazardous chemical is pro4 duced, used, or stored .

3 (3) PERsoN.-The term "Person" means any in6 dividual, corporation, partnership, association, or other

7 entity.

8 (6) H.AzARDous SUBSTANCE EMERGENCY.-The

9 term "hazardous substance emergency" means a re10 lease of a hazardous substance which is11 (A) unexpected, or

12 (B) not continuous and substantially in

13 excess of the normal amounts released as a result

14 of routine manufacturing, processing, or storage .

15 (7) HAzARDous SUBSTANCE .-

16 (A) IN GENERAL .-The term "hazardous

17 substance" means a TLV hazardous substance, a

is combustible liquid, a flammable gas, a flammable

19 liquid, a flammable solid, or a reactive substance

20 which may present an imminent and substantial

21 endangerment to public health .

22 (B) Timus uszD IN suBPAzAouAPa w.-

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

24 "flarnmable liquid", "flimmable solid", and "reac25 tive substance" shall have the same meaning as

SE B17 2
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1 when used in the hazard communication regula2 tions under the Occupational Safety and Health

3 Act (presently codified at 29 C.F.R. 1200). The

4 term -TLV hazardous substance" means any sub3 stance for which a Threshold Limit Value (TLV)

6 of7 (i) 10 parts per mi.1lion (ppm) or less, or

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

9 has been established by the American Conference

10 of Governmental Industrial Hy i ni . gienists .

11 (C) MIXTURES.-(i) A mixture shall be

12 deemed to be a "combustible liquid", a "flamma13 ble gas", a "flarrunable liquid", a "flammable

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

15 if16 M it meets the definition of any of such

17 terms when tested as a whole ; or

18 (11) if the mixture has not been tested

19 as a whole, it is determined by the facility

20 owner or operator to be a "combustible

21 liquid", a "flammable gas", a "flamrnable

22 liquid", a "flammable solid", or a "reactive

23 substance" based upon an evaluation of

24 whatever scientifically valid data are avail25 able .

on U17 a
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1 (a) A mixture shall be deemed to be a "TLV

2 hazardous substance" if3 Mit qualifies as such a substance when

4 tested as a whole; or

5 (M if the mixture has not been tested

6 aj a whole, it contains, by weight or volume,

7 1percent or more (0. 1 percent or more in

8 the case of a carcinogen) of such a sub9 stance.

lo TITLE IV-PROVISIONS RELATING

11 TO TAXATION

12 szc. 4oi . s.YF.AR ExTENsioN.

13 (a) IN GsNzi&AL.-

14 (1) Subsection (d) of section 4611 of the Internal

15 Re venue Code of 1954 (relating to termination) is

16 amended as follows:

17 (A) Strike out "$900,000,000" and substi18 tute 34,900,000,000".

19 (B) Strike out "$500,000,000" and substi20 tute "$2,700,000,000".

21 (C) Strike out "1985", "1983", and "1984"

22 and substitute "1990", "1988", and "1989" re23 spectively.

24 (2) Section 303 of the CERCLA is hereby

25 repealed.

EIR 2817 IH-9
P. 91

IT,64

9ftm colic;REM HOUSE OF REPRESEN'TATrVES

Rzrr. 99-253

Ist Semwn I Part 1

SUPERFUND AMENDMENTS OF 1985

AucusT 1 . 1985 . -Ordered to be printed

Mr. DINGELL, from the Committee on Energy and Commerce,

submitted the following

REPORT

together with

ADDITIONAL, DISSENTING, SEPARATE AND DISSENTING,

AND SEPARATE AND ADDITIONAL VIEWS

LTo accompany H.R . 2817 which on June 20, 1985, was divided and refiarred to the

Committee on Energy and Commerce, the Committeo on Public Works and Trans .

portation . and the Committee on Ways and Means )

(Including cost estimate of the Congressional Budget Office)

The Committee on Energy and Commerce, to whom was referred

the bill tH.R. 2817) to amend the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980, and for other

purposes, having considered the same, report favorably thereon

with an amendment and recommend that the bill as amended do

pass.

The amendment is as follows :

Strike out all after the enacting clause and insert in lieu thereof

the following:

SM-7TION 1 . SHOWr tITLZ AND TABLIC OF CONrVM

This Act may be cited as the "Superfund Aznendments of 1985" .

TARIJ OF OONTENTS

Sac I Short t1tj* and tabl* o(contents .. . ... . . . ... . .. .. . . .. .. .. . . .. .. .. . .. .. .. . .. .. . .. .. .. .. .. . .. . .. .. .. . .. .. .. .. .. . _._.. .. . .. .. .. . ... . .. .. . P"P1

Sac -, CERCEA . -.. .. .. . .. .. .. . .. .. . . .. .. . . .. .. .. .. . .. .. .. . .. .. .. . .. .. . .. . .. .. . .. .. .. . .. .. .. .. .. . .. .. . .. .. .. . .. .. .. .. .. . .. .. . .. .. .. .. .. . .. .. .. .. .. . . 2

TITLE I-PROVLW40NS RELATING PRIMARILY TO RISPONSE AND LIABILIT Y

See 101 AmandmentataC211CLAdefinitions . .. . .. .. .. . .. .. .. .. . .. .. .. . .. .. .. . .. .. . ... . .. .. .. . .. .. .. . .. .. .. . ... . .. .. .. . .. .. . .. .. .. .. .. ... .. .. ..

See t02. Repartabl* quantitne... .. . .. .. .. . .. .. . .. .. .. . .. .. .. .. . .. .. .. . .. .. . .. .. . .. .. .. . .. .. . .. .. .. . .. .. .. .. .. . .. .. .. .. .. .. .. . .. .. .. .. ____ .. .. . .. .. .. .... . I

sm. i03 ==Maltbas. . .. .. .. .. .. . . .. .. . .. . .. .. .. . . .. .. .. . .. .. .. .. . .. .. .. . .. .. .. .. .. . .. .. . .. .. .. . .. .. .. .. . . .. .. .. . .. .. .. .. .. . .. .. .. . .. .. .. .. .. . _ 3

sac 04 thorbas . .. .. . .. .. .. . .. .. . .. .. .. . .. .. .. .. .. . . .. . .. .. .. .. .. .. .. .. . . __ . .. . .. .. .. .. .. .. . .. .. .. . .. .. .. ____ .. . ... . .. .. .. . .. .. .. .. .. .. 3

sec

.

t or. National c0fttin. K, Plain .. .. .. .. . . . ... . .. . .. . .. .. .. . .. .. .. . . .. .. .. . .. . . .. .. . .. . . . .. .. . . . . .. . .. .. .. .. .. . .. .. .. .. .. .. .. . .. .. 7
p. 92

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291

enactment of the legislation . The existing deadline for completion

of the study under RCRA is October 21, 1982. We would note that EPA has recently received a notice that a

citizens' group-the Trustees for Alaska-intends to file a citizens,

suit enforcing the existing deadline contained in the statute . There.

fore, the effect of the legislation-if enacted-would be to moot the

suit, wipe out the existing deadline, and substantially extend the

agency's time for even commencing the study of this important en .

vironmental problem .

SECTION 210

Insurabilitv studv

The section would require the Administrator to appoint a study

group to determine the insurability of private parties' liability for

releases of hazardous substances . The group's report must be sub.

mitted to the Congress within IS months after the date of enact.

ment.

SECTION 211

Pollution liabilitv insurance

The section would permit the establishment of risk retention

groups to provide pollution liability insurance .

SECTION 212

Releases associated with brine disposa l

The Section would require the Administrator to conduct a review

of the adequacy of all state programs designed to protect public

health and the environment in states in which annular injection of

brines associated with oil and gas production is permitted . If the

review indicates that state programs in this area are not adequate,

the Administrator must take action to supplement or improve such

programs within IS months after the date of enactment of the legislation .

TITLE III-COMMUNITY RIGHT-To-KNOW AND EmzjtGENcy PLANNING

Subtitle A-Community Right-to-Know

SECTION 301

Basic notification requirements

This section imposes a requirement on owners and operators of

facilities at which hazardous chemicals are produced, used, or

stored to provide a material safety data sheet to certain state and

local officials. This provision is not limited to facility owners and

operators who must comply with the material safety data sheet requirements of the )ccupational Safety and Health Act Hazard

Communication Standard. Instead. it covers all facility owners and

operators who produce, use, or store hazardous chemicals regardless of the size of the facility or the amount of the hazardous chemical handled.
p. 93

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292

The section also requires that such sheets be revised as required

by regulations under the Occupational Safety and Health Act and

be provided to state and local officials not later than3 months

after such revisions have been made . The section requires that

each material safety data sheet contain the same items of informa .

tion as are required by the regulations of the Occupational Safety

and Health Act Hazara Communication Standard.

Unfortunately, the basic notification requirement does not include information that is vital to any effective community right-to

.

know program-a hazardous chemical inventory . The material

safety data sheet provides certain qualitative information about

hazardous chemicals, but gives no information regarding the potential dangers associated with that chemical at a particular facility .

The public deserves to know about the hazardous chemicals in

their communities in order to both prepare for toxic emergencies

and to understand the potential chronic health hazards from continuous exposure to hazardous substance emissions into the air,

water and ground.

The Committee rejected an amendment that would have required

Firms handling large quantities of hazardous substances to inform

local officials of wastes for each hazardous substance . The amendment would have imposed a minimal burden on business, excluding

entirely from its coverage those firms handling less than 6,000 kilograms of a particular hazardous chemical or employing fewer than

ten full-time employees . The inventory would have been required

biennially, thereby placing a limited paperwork burden on those

Firms required to comply with the requirement .

The State of New Jersey has had a much more demanding inventory requirement for several years and has indicated that 7,000

covered firms complied with the requirement within 90 days. Their

success provides strong evidence that the burden on business would

be miminal .

The benefits to local officials and the public would be considerable. With a hazardous chemical inventory, local officials could determine the magnitude of the potential toxic hazard at each facility. They could plan emergency response procedures based on the

potential hazards and could efficiently allocate their resources to

prepare for the most likely or most dangerous emergency situations. In addition, the emissions and iischarge information would

allow communities to gauge the potential long-term chronic health

effects of toxic chemical relea

Under the requirements of this bill, communities will learn qualitative information about toxic chemicals, but will not have the

quantitative information necessary to use this data effectively . This

bill requires communities to prepare emergency response plans and

specifically requires that such plans contain the names, phone

numbers and emergency response equipment at facilities having -

substantial inventories" of hazardous chemicals (sections

311icm2NA) and (D)), but the bill denies these communities the inventory information they need to prepare these required plans .

If Congress intends to open the channel of communication concerning toxic hazards, we should provide communities with the information that is both needed and required under this bill .
p

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SECTION 302

Public aVailabilitY of material safety data sheets

The section provides that on or before May 1, 1986, the governors

of each state shall designate appropriate state and local or regional

agencies as recipients of information under this subtitle . The section also provides that these agencies shall make any material

safetv data sheet available to the public .

Lo~al agencies selected under this section should offer the public

the greatest access practicable to the material safety data sheets on

file. In addition, the governors should ensure that each affected locality receives the submitted information.

SECTION 303

Availability of material safety data sheets to other owners and oper.

ators

The section states that owmers and operators who supply hazardous chemicals to other facility owners or operators shall also furnish them with material safety data sheets. The section also requires that these sheets be provided at the time of shipment . The

section provides that, with the exception of manufacturers or importers of hazardous chemicals, the requirements of this section

and of section 301 relating to basic notification requirements shall

not apply to owners and. operators who have not received a material safety data sheet. The section further requires the downstream

facility owner or operator to make reasonable efforts, and document such efforts to obtain a material safety data sheet by contacting the manufacturer or importer and requesting a copy of the

sheet. The downstream facility owner or operator should, in its request, notify the manufacturer or importer that the manufacturer

or importer is subject to a civil penalty of $5,000 if it fails to provide the material safety data sheet .

Unfortunately, the requirements of this section lack the enforcement mechanism necessary to make them work because downstream facility owners and operators are not subject to penalties if

they fail to request a material safety data sheet from the manufacturer or importer. And, unless the downstream owner or operator

possesses the sheet, it need not comply with any of the notification

requirements. Thus, it is entirely possible that local communities

will not be notified about hazardous chemicals because the downstream facility owner or operator has not received or requested a

material safety data sheet from the manufacturer or importer.

SRCTION 304

Provision of information to health professionals, doctors, and nurses

The section states that a facility owner or operator shall provide

the specific chemical identity of a hazardous chemical to an

health professional who requests it in writing as long as the healtK

professional provides a written statement of need and a written

ageement of confidentiality. The section requires that the written

statement of need state that the health professional has a reasonable basis to suspect that the information is needed for purpose of
p. 95

2057

9'94

diagnosis or treatment, that the individuals being diagnosed o

r

treated have been exposed to the substance, and that knowledge of

the chemical identity will assist in diagnosis or treatment . The

health professional need not be certain about his or her diagnosis

or about the individual's exposure to the substance. As long as the

professional has rational basis for seeking the information a state.

ment of need should be considered adequate. The section states

that a facility owner or operator must promptly provide the chemical identity following such a request . The section also provides that

the trade secret provisions of the title do not apply to information

requested under this section .

The section further provides that a facility owner and operator

must provide a material safety data sheet, including the specific

chemical identity, to any treating physician or nurse who requests

it if the health professional determines that a medical emergency

exists, the chemical identity is necessary for emergency or first-aid

diagnosis, the treated individuals have been exposed to the chemicaL and knowledge of the chemical identity will assist diagnosis or

treatment. The section states that after receiving such a request

the owner or operator must immediately provide the requested information . The section further states that the trade secret provisions of the title do not apply to such request and that no confidentiality statement need be provided, although such a statement may

be required as soon as circumstances permit .

The section also provides that a facility owner or operator shall

provide the specific chemical identity of a hazardous chemical to

any health professional employed or contracted by a state or local

government who requests such information and provides a written

statement of need and a confidentiality agreement . The statement

of need must describe why the information is needed in order to

assess chemical hazard exposure, to access or conduct atmospheric

sampling, to conduct medical surveillance of or provide medical

treatment for exposed groups, or to conduct studies to determine

health effects of hazardous chemicals.

The section also states that confidentiality agreements may provide for appropriate legal remedies in the event of a breach, including a reasonable pre-estimate of likely damages . However, because

the language in this bill is modeled on the provisions of OSHA's

Hazard Communication Standard, we understand that such an

agreement must not include requirements for the po= ~ of a penalty bond. Such a bond would chill the incentive of th profw

sionals to obtain useful diagnostic information and cannot, therefore, be included in such an agreement .

Subtitle B-Entergency Response

32MON 311

Emergency response planning

The section provides that the governors of each state shall appoint a Hazardous Substances Emergency Response Commission or

designate an existing state-sponsored or appointed emergency response organization to coordinate response for hazardous

substance emergencies. This language as it clear that such
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2058

295

commissions cannot be corporate-sponsored entities or trade associations.

The Commission shall thereafter designate local Emergency Re

.

sponse Committees to develop plans for their committees . CoM'munity representatives shall serve on each Emergency Response committee. The section requires the Committees to prepare a proposed

Emergency Response Plan in consultation with those persons and

organizations expected to play a major role in the event of a hazardous substance emergency . Upon the request of a Committee, a

facility owner or operator shall provide assistance to the Committee in developing and implementing Emergency Response Plans

that affect that owner or operator. The section also requires that

the plan be made available for public comment and a hearing and

shall be published in final form 20 months after the formation of

the Committee .

The section requires that the plan contain the relevant names

and emergency telephone numbers, a designation of responsible

state and local officials, a description of notification procedures to

be used in the event of a hazardous substance emergency, a description of available emergency equipment in the community and

at facilities at which substantial inventories are maintained, a description of the measures to take to minimize risks to human

health and the environment, evacuation plans, a description of

training programs and drills, and an evaluation of available emergency resources .

SEMON 312

Emergency information

The section requires a facility owner or operator to provide immediate notice of a hazardous substances emergency to local officials designated under the Emergency Reponse Plan and such

notice shall include as much information as is known to the owner

or operator at the time notice is provided . The section further pro .

vides that, as soon as practicable, the facility owner or operator

shall furnish an emergency bulletin to state and local officials designated to receive such bulletins and they, in turn, shall make such

bulletins available to the public .

The section provides that emergency bulletins must contain a

full. detailed description of the emergency including the chemical

name of the hazardous substance, an estimate of the quantity released, the time and duration of the release, actions taken to respond. and any known or anticipated acute or chronic health risks

associated with the emergency . Because the emergency bulletin is

designed to fully describe the emergency, the title's trade secret

provisions do not apply to emergency bulletins (the trade secret

provisions extend only to the section 301 material safety data sheet

requirement) and the specific chemical name of the substance released may not be withheld .
p. 97

99-rH CONGRESS R~:i-r .".4-15 .1

Ist 5ession HOUSE OF REPRESENTATIVES

SUPERFUND AMENDMENTS OF 198 5

NOVEMBER 12, 1985 .-Committ*d to the Committee of the Whole House on the State

of the Union and ordered to be printed

Mr. HoWARD, from the Committee on Public Works and

Transportation, submitted the following

REPORT

together with

ADDITIONAL, DISSENTING, AND SUPPLEMENTAL VIEWS

[To accompany H.R. 2817 which was divided and referred to the Committee on

Energy and Commerce, the Committee on Public Works and Transportation, and

the Committee on Ways and Means ]

[Including cost estimate of the Congressional Budget Office ]

The Committee on Public Works and Transportation, to whom

was referred the bill (H.R. 2817) to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and

for other purposes, having considered the same, report favorably

thereon with an amendment and recommend that the bill as

amended do pass .

The amendment strikes out all after the enacting clause of the

bill and inserts a new text which appears in boldface roman type

in the reported bill.

INTRODUMON

Hazardous waste contamination of the Nation's ground and surface water resources has become perhaps the most significant and

troublesome water quality problem facing the country for the remainder.of this century. With the ability to render vast quantities

of water unfit for use without treatment, toxins that leach and

flow thousands of active and-abandoned waste sites all across the

Nation pose costly and often controversial cleanup and public

health problems for government officials at all levels .

(2509)
p. 98

281 7

309

[PROHIBITION

ESEC. 311 . The discharge of oil from any offshore facility or

vessel, in quantities which the President under section 311(b) of the

Federal Water Pollution Control Act (33 U.S.C. 1312(b)) determines

to be harmful, is prohibited.

[PENALTIES

ESEC. 312. (aXl) Any person who fails to comply with the requirements of section 305 of this title, the regulations promulgated

thereunder, or any denial or detention order, shall be subject to a

civil penalty of not to exceed $10,000 . C(2) The civil penalty described in paragraph (1) of this subsection may be assessed and compromised by the President or his designee, in connection with section 305(aX 1) of this title, and by the

Secretary, in connection with section 305(aX3) and section 305(b) of

this title. No penalty shall be assessed until notice and an opportunity for hearing on the alleged violation have been given . In determining the amount of the penalty or the amount agreed upon in

compromise. the demonstrated good faith of the party shall be

taken into consideration .

((3) At the request of the official assessing a penalty under this

subsection, the Attorney General may bring an action in the name

of the Fund to collect the penalty assessed .

[(b) Any person in charge who is subject to the jurisdiction of

the United States and who fails to give the notification required by

section 306(a) of this title shall, upon conviction, be fined not more

than $10,000 or imprisoned for not more than one year, or both .

AUTHORIZATION OF APPROPRIATION S

ESEC. 313. (a) There is authorized to be appropriated for the administration of this title, $10,000,000 for the fiscal year ending September 30. 1979, $5,000,000 for the fiscal year ending September 30,

1980, and $5,000,000 for the fiscal year ending September 30, 1981 .

E(b) There are also authorized to be a propriated to the Fund,

from time to time, such amounts as may 9: necessary to carry out

the purposes of the applicable provisions of this title, including the

entering into contracts, any disbursements of funds, and the issuance of notes or other obligations pursuant to section 302(f) of this

title.

E(c) Notwithstanding any other n of this title, the authority to make contracts, to make =ments, to issue notes or

other obligations pursuant to section 302(f) of this title, to charge

and collect fees pursuant to section 302(d) of this title, or to exercise any other spending authority shall be effective only to the

extent provided. without fiscal year limitation, in appropriation

Acts enacted after the date of enactment of this title .

EANNUAL REPORT

ESEc . 314. Within six months after the end of each fiscal year,

the Secretary shall submit to the Congress (1) a report on the administration of the Fund during such fiscal year, and (2) his recommendations for such legislative changes as he finds necessary or
P. 99

2834

LA

Union Calendar No . 216

99TH C011GREss

IST SESSIO N Re R. 281 7

(Report No . 99-2S3. Parts 1, 11, 111, IV, and V)

To amend the Comprehensive Enmonmental Ftesponse . Compensation, and

Liability Act of 1980, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 1, 1985

Mr. Ecw-4sT of Ohio (for himself, Mr . LENT, Mr. TAuzrm, Mr. RtTTEz, Mr.

RAIPH M. HALL, Mr. COATS, Mr. Downy of Mississippi, Mr. FIELDS, Mr.

SLATTzay, Mr. ScRAEFEit, Mr. DiNGELL, and Mr . BlOrHML) introduced

the foUowing bdl ; which was divided and referred as foflows : Titles I and Er.

except for section 206, to the Committees on Energy and Commerce anti

Public Works and Transportation; section 206 Lad title M to the Committee

on Energy and Commerce; and title IV to the Committee on Ways Lad

Means

AUGUST 1, 1985

Reported from the Committee on Energy and Commerce, with an amendment,

and ordered to be printed

(Strike out oil after the enacting clawe and insert the pan printed in italic)

AUGUST 1, 1985

Referred, for a period ending not later than ten calendar days after either the

Committee on Public Works and Transportation or the Committee on Ways

Lad Means reports the bill, whichever occurs firat, to the Committee ott the

Judiciary for consideration of such portions of titles I through M of the biD

and amendment as fail within its jurisdiction pursuant to clause 1(m) of rule

X, and to the Committee an Merchant Marine Lad Fisheries for consideration

of such portions titles I and II, except for section 206, of the biU and Lmendwent as fall within its jurisdiction pursuant to clause 1(n) of rule X

(For text of introduced bill, am copy of bill as inureduced on June 20 . 19851
P. 100

3003

I-10

I tion of any requirement which has become effectire

2 pursuant to this Act; or

3 E["(2) against4 EE"(A) the Administrator where there is al3 leged a failure of the Administrator to perform

6 any act or duty under this Act which is not dL'Ycretionary with the Admzinijtrator~* or

8 EE"(B) any other department, agency, or

9 instrumentality of the United States where there

10 is alleged failure of such department, agency, or

11 1. nstrumentality to perform any act or duty under

12 section 119 of this Act (relating to Feaeral facil'

13 ties) which *is not discretionary with such depart14 ment, agency, or instrumentality .

13 EE"(b) VE-VUE.-

16 EE"(1) ACTIOss UNDER SUBSECTION (a)(/).-

11, Any action under paragraph (1) of subsection (a) shall

is be brought in the district court for the district in which

19 the alleged violation occurred

20 EE"(2) ACTIOVs UVD-rR SUBSECTIOv (aj(2).-

21 Any action brought under paragraph (2) of subsection

22 (a) may be brought in the United States District Court

23 for the District of Columbia.

24 EE"(c) RELIEF.-The district court shall have jurij25 diction in actions brought under subsection (a)(1) to enforce