## P . 65 0

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 toexpressly 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 apetition 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 ; o r -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 partieswho 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 toparticipate 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 tha t 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 notpreempt 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 . 3 652 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 hasparticularly 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 . Eachagency is required to complete cleanup as expeditiously as practicable after the date of the interagency alreeement and to include inits annual budget submissions to the Congress a request for funding adequate to complete cleanup, and a review of alterrative

## p . 4
653 61 agency funding which could be used to provide for the costs of cleanup . Each agency responsible for compliance shall furnish anannual 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 authoritywith 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, andreaffirms 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 Federalagencies managing these contaminated sites to identify the resources needed for response . Such resources can then be soughtthrough 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 seekspecial 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 remedialaction 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 shallalso identify the specific consequences of failure to begin and complete remedial actions
. CrrmzN Surrs SUMMAR Y 

## Ilie reported bill adds a new section 118 to CERCLA, providing aright 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 daysnotice to the State and the Federal government, and, where appropriate, to the alleged violator. No action may be brought under this

## p . 5 654 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~ theclarification 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 penaLties' 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 thatis 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 citizensuit 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 areresponsible 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'stechnical 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 thePresident or the State shows that the applicant's interest is adequately represented by existing parties ." The rules on interventionare 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 thePresident 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 animminent 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 anyperson 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

## p . 7
656 64 ADMINISTRATIVE CONFERENCE 

## RECOMMENDATION SUMMAR Y

## 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 theComprehensive 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 willexpedite 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 taketo 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 cleanupsthat 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 undertookto 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 theexpenditures 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-algovernment 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 whenprivate 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
658
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 thecleanup 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 forinvolving 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 thanthe 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 anotheragency, that would undertake this initial convening effort and provide mediation services if the parties desired them . Alternatively

## P . 10 65 9 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 confidenceof, 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 requireprocedures 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 thatbring more appropriate factors to bear on prelitigation negotiations
. 9. The Conference recognizes EPA's need to maintain a stronglitigation posture in CERCLA cases in order to strengthen its ability to negotiate agreements in the public interest . However, theConference 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 cleanupswould 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 andencourage 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
. DISCUSSIONAfter 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
.

## p . 12 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 feedstockscontained 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 foregoneas 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 VOTE S 

## Section 7(b) of rule XXVI of the Standing Rules of the Senateand 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 . 13 662 71) EVALUATION OF REGULATORY IMPAC T 

## 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 orstore hazardous substances in quantities greater than 6,000 kilograms . COST OF LEGISLATIO N

## 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 authorizes 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 ;?o 320 Less incame, tax Out 320 320 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 imposeany 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 FirianceCommittee 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 Superfundsites 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 goalsTo 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 . Inresponse 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 toacute 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 SIMPSO N 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-discretionaryactions 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 oppositesides 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 )ian 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 - v transferable to the broader context of hazardous substance tfXp()_ 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 Seethe 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
.

(77)

## 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
. COMPENSATIO N 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 VfSUC/L assistance shall be paid from the Trust Fund
. 

### 1 24) "remedy" or "remedial action" means those actions consistent with permanent remedy taken instead ofor in additionto 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 costsof 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 Centershalf 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, o r (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 substanceis 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 tothis 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 requir

e ( .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 authoritv 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 obevsuch order of the court muy be punished by such court as a contempt thereo f (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 ofa criminal penalty under subsection (b) of this sect

i (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-vtwenty-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 forsubmission 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 totalemissions 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; an d (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 inquiriesconcerning 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) A n

-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 uzderthis 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 releasedor 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
. 99-73 1 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 -3 2 

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## 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; an d 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 wit h 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
. INTRODUMO N

## Hazardous waste contamination of the Nation's ground and surface water resources has become perhaps the most significant andtroublesome 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 . 3 7

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 o f 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 releaze s 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 humanreported, 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 ,)9 7 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 an d 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 an d

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 woul d 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 . a s 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 fro m 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 agreement s 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 ~j y 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,)~ ision s New Jersey to investigate what could Fl.nally . %4r Ain t 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 furthe r 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 committe e 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 ha s 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 .81in 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 pote n'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 g adding at the end thereof the following new Irict . Each Committee sMLJI '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 hLCLMOU B '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 sectio n (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" . which the 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- provisions of 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 IlMt i
;~,e a new Emergency in, entory form .1t, 'ne rec :o rnts 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 ,,rg e'~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~"[ ceding a 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 0 If the h&ZA-rdOuX chemicLi at such (a

. C!oty in or 41 The M&LefW Safety DAL& Sheets an d 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 f 74 7) The President may order & fACWLY Paragraphs- 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 Standard 'cOeo'ed -n J4 ;y [985 in ~q C- SL"n 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' :Prt "(2) Notlowt Under Paragraph (1) sh&U in . J2 'a Lattoratary . ho~oj&jil . or -mec:~ " Clude (1411 thill eXtent known at the gum of inder the direct SuPervision 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 . and " -IS) SO -Uvlwa Of 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 Act Of 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 Parting 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 ICULLLp . 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 . ar j 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 conclusion of 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 Unionbeft 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 . The sources of rudoo kru are . ftnr- Compeni"ton . 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 -,cc 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 yof 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 . 4 9

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 by radon contand Supeirfund sit4mi . 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. lation bystems . are relatively low-cos t Mr. 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 wherederscores 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 . 5 0

-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 :ted The PRESIDING QFFICER rionries . Under this Program . the State 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 subsectio n 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-1 1 The PRESIDING OFFICER . Is person so preparing such su there further debate on the amend- 1 11) " part of an ar .1cleuc tonLcizi-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 Processin g 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 ~UL L 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 saw criange 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),

subSL3nCeS inventory . Sectio n ardous !LagUe . ',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 thre e 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 stifife m. 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 theareas 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 . 54

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 . I n 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 o f 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 . 5 6

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 incluSLrIe L 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- LrT M 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 eQLuocncn t .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 . In som e cases & 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 i r 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 . intend to offer an amendment similar w s . (See eithlbit 1 .) 1531 when 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 th e 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 . 6 0

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 ou r 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 Healtr i 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 . resoonsibi I 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 . on a 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 Publi c 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- si I 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 by way Of rejjUiMLQ~
. Paperwort IteductiOn Act Can -je 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 agencies to justify their '-dnrmatior I ;oc,r of tt.e Senate has ser%ed bot h -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 :rte g 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 ralsed questions concerintrul ctie form matim uny we either Listed or re- 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.t yo 5481 need does not extend to 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 IRY that motion na the table . Director to overturn a determlhatoct The notion to Lay an tne table wits made by Congress and stated in law . agreed to

. Wbat an agency may decide to add 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 ruosequentminds 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
. piOC of recovering methane from sucri

## p . 64 

# 131 1

99TIl CONGRES S 1ST SESSION 

# He Re 2005

IN THE SENATE OF THE UNITED STATE S 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 ofAmerica 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-8See- 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, Q VI

## 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 ofany 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 CONGRES S 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 BIL LTo 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-Di G 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 de

# 1~ 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 as24 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 materialsafety 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 ; an d 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 need22 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

## p . 77 165 1 112 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 an d 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 such20 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 p . 78 1652 113 1 0 the individual or individuals beine diarnosed or 2 treated have been exposed to the substance concerned : 3 an d 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 oroperator 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

## p . 79 1653 114 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 event4 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 Substance14 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 local22 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 1654 113 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 1655 116 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 1656 11 - , 1 by various types of hazardous gubstance emer2 gencies
. 3 M Emergency evacuation plans, as well as4 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 been20 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 1657 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 Emergencyi 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, where24 appropriate, advice regarding medicad attention neces25 sary for exposed individuals
. 911 n17 2

## p . 84 1658 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 an y 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
1659 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 who m

## 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, if

## go L

## p . 86
1660 121 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 . 87 166 1 122 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 safety21 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 1662 123 1 (4) FACILITY OWNER OR OPERATOR .-The term2 "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 .-Th e 

## 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

## p . 89 1663 124 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) . The4 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 be12 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 of24 whatever scientifically valid data are avail25 able
. on U17 a

## P . 90

1664 125 1 (a) A mixture shall be deemed to be a "TLV2 hazardous substance" if3 M it qualifies as such a substance when 4 tested as a whole ; o r 5 (M if the mixture has not been tested 6 aj a whole, it contains, by weight or volume, 7 1 percent or more (0 . 1 percent or more in 8 the case of a carcinogen) of such a sub9 stance . 

# lo TITLE IV-PROVISIONS R ELATING 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 198 5
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 VIEW S 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 OONTENT

S 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 2054 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 stud v 

## 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-Kno w

SECTION 301 Basic notification requirement s 

## 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 andoperators 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 andoperators who produce, use, or store hazardous chemicals regardless of the size of the facility or the amount of the hazardous chemical handled
.

## p . 93
2055 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 than 3 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 abouthazardous 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 emergenciesand 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 toprepare 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 releaUnder 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 . 94 2056 293 SECTION 30 2 

## Public aVailabilitY of material safety data sheet s 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 30 3 

## Availability of material safety data sheets to other owners and oper
. ator sThe 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 . Thesection 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 downstreamfacility 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 ifthey 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 communitieswill 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 writtenstatement 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 statesthat 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-aiddiagnosis, 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 requestthe 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 profwsionals 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 ordesignate an existing state-sponsored or appointed emergency response organization to coordinate response for hazardous substance emergencies . This language as it clear that such

## p . 96 2058 295commissions cannot be corporate-sponsored entities or trade associations
. The Commission shall thereafter designate local Emergency Re. sponse Committees to develop plans for their committees . Co M'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 andorganizations expected to play a major role in the event of a hazardous substance emergency . Upon the request of a Committee, afacility 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 andat 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 oftraining programs and drills, and an evaluation of available emergency resources . SEMON 312 Emergency informatio n

## 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 operatorshall 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 chemicalname 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 sheetrequirement) 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 wit h 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 . INTRODUMO N

## Hazardous waste contamination of the Nation's ground and surface water resources has become perhaps the most significant andtroublesome 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 [PROHIBITIO N 

## 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 theentering 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 

# Re R
. 281 7 IST SESSIO N 

## (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; o r 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~* o r 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