I

103D CONGRESS

2D SESSION H. R. 4915

To amend the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 to add States to the governmental entities eligible

for reimbursement for emergency removal actions and to clarify authority

to take such actions at illicit drug laboratories.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 5, 1994

Mr. STUPAK (for himself, Mr. BARCIA of Michigan, Mr. CONDIT, and Mr.

HORN) introduced the following bill; which was referred jointly to the

Committees on Energy and Commerce and Public Works and Transportation

A BILL

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to add States to

the governmental entities eligible for reimbursement for

emergency removal actions and to clarify authority to

take such actions at illicit drug laboratories.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. ADDITION OF STATES TO GOVERNMENTAL EN2 TITIES ELIGIBLE FOR REIMBURSEMENT FOR

3 EMERGENCY REMOVAL ACTIONS; CLARIFICA4 TION OF AUTHORITY TO TAKE EMERGENCY

5 RESPONSE ACTION AT ILLICIT DRUG LAB6 ORATORIES.

7 (a) AMENDMENT OF SECTION 123.—Section 123 of

8 the Comprehensive Environmental Response, Compensa9 tion, and Liability Act of 1980 (42 U.S.C. 9623) is

10 amended to read as follows:

11 ‘‘SEC. 123. REIMBURSEMENT TO STATE AND LOCAL GOV12 ERNMENTS.

13 ‘‘(a) APPLICATION.—Any State or general purpose

14 unit of local government for a political subdivision of a

15 State that is affected by a release or threatened release

16 at any facility may apply to the President for reimburse17 ment under this section.

18 ‘‘(b) REIMBURSEMENT.—

19 ‘‘(1) EMERGENCY RESPONSE ACTIONS.—The

20 President is authorized to reimburse States and local

21 community authorities for expenses incurred (before

22 or after the enactment of the Superfund Reform Act

23 of 1994) in carrying out emergency response actions

24 necessary to prevent or mitigate injury to human

25 health or the environment associated with the re26 lease or threatened release of any hazardous sub-
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1 stance or pollutant or contaminant. Such actions

2 may include, where appropriate, security fencing to

3 limit access, cleanup of illicit drug laboratories, re4 sponse to fires and explosions, and other measures

5 that require immediate response at the State or local

6 level.

7 ‘‘(2) STATE OR LOCAL FUNDS NOT SUP8 PLANTED.—Reimbursement under this section shall

9 not supplant State or local funds normally provided

10 for response.

11 ‘‘(c) AMOUNT.—(1) The amount of any reimburse12 ment to a local authority under subsection (b)(1) may not

13 exceed $25,000 for a single response. The reimbursement

14 under this section with respect to a single facility shall

15 be limited to the units of local government having jurisdic16 tion over the political subdivision in which the facility is

17 located.

18 ‘‘(2) The amount of any reimbursement to a State

19 under subsection (b)(1) may not exceed $50,000 for a sin20 gle response. The reimbursement under this section with

21 respect to a single facility shall be limited to the State

22 in which the facility is located.

23 ‘‘(3) The amounts allowed for State and local govern24 ments under subsection (b)(1) may not be combined for

25 any single response action.
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1 ‘‘(d) PROCEDURE.—Reimbursements authorized pur2 suant to this section shall be in accordance with rules pro3 mulgated by the Administrator.’’.

4 (b) AMENDMENT OF SECTION 111.—Paragraph (11)

5 of section 111(c) of such Act is amended—

6 (1) by striking out ‘‘LOCAL GOVERNMENT RE7 IMBURSEMENT.—’’ and inserting in lieu thereof

8 ‘‘STATE AND LOCAL GOVERNMENT REIMBURSE9 MENT.—(A)’’; and

10 (2) by adding at the end the following new sub11 paragraph:

12 ‘‘(B) Reimbursements to States under section

13 123, except that no State may receive more than

14 $2,000,000 in any one fiscal year.’’.

15 (c) DEADLINE FOR REGULATIONS.—The Adminis16 trator of Environmental Protection Agency shall promul17 gate regulations to implement section 123 of the Com18 prehensive Environmental Response, Compensation, and

19 Liability Act of 1980 (42 U.S.C. 9623), as amended by

20 subsection (a), not later than one year after the date of

21 the enactment of this Act.

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