I
106TH CONGRESS
1ST SESSION
H. R. 2726
To establish standards for cleanup of dry cleaning solvents under the Com-
prehensive Environmental Response, Compensation, and Liability Act
of 1980, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 5, 1999
Mr. BARTON of Texas (for himself, Mr. DELAY, Mr. TERRY, Mr. BARRETT
of Nebraska, Mr. BEREUTER, and Mrs. CHRISTENSEN) introduced the
following bill; which was referred to the Committee on Commerce, and
in addition to the Committee on Transportation and Infrastructure, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To establish standards for cleanup of dry cleaning solvents
under the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Small Business Reme-
diation Act of 1999’’.
SEC. 2. FINDINGS AND INTENT OF CONGRESS.
(a) DECLARATION.—Congress declares that the pub-
lic should be protected from the risk of spilled or waste
solvents and other chemicals in the soil, surface water,
groundwater, and other environmental media.
(b) FINDINGS.—Congress finds that—
(1) the remediation requirements for spilled or
waste solvents are often inconsistent, conflicting,
and may impose a burden that bears little relation-
ship to the potential harm to human health or the
environment; and
(2) these requirements pose a special burden on
small businesses and landowners.
(c) INTENT.—Congress intends that standards be set
for remediation that, with an adequate margin of safety,
will protect public health from significant risk from spilled
or waste solvents, and below which level remediation will
be permitted but not required.
(d) RECOGNITION.—Congress recognizes that the
Environmental Protection Agency has issued a Soil
Screening Guidance Document setting limits below which
dry cleaning solvents in the soil, including soils affecting
groundwater, will require no further action or study and
several States have adopted remediation cutoff levels
based on this range.
(e) RESOLUTION.—Congress resolves that it would be
in the public interest to set a maximum level of remedi-
ation for dry cleaning solvents in the soil, surface water,
groundwater, and other environmental media based on the
most recent Soil Screening Guidance Document.
SEC. 3. STANDARD FOR CLEANUP.
(a) GENERAL RULE.—The maximum level of remedi-
ation for a dry cleaning solvent in the soil, surface water,
groundwater, and other environmental media (other than
for groundwater or surface water actually used as a drink-
ing water source) that any person may require of a dry
cleaner shall be equal to the soil screening level for inhala-
tion for that dry cleaning solvent determined in accord-
ance with the Soil Screening Guidance Document.
(b) DEFAULT MAXIMUM REMEDIATION LEVEL.—
Until a maximum remediation level is determined for a
facility in accordance with subsection (a), the maximum
level of remediation of that facility for a dry cleaning sol-
vent in the soil, surface water, groundwater, and other en-
vironmental media (other than for groundwater or surface
water actually used as a drinking water source) that any
person may require of a dry cleaner shall be equal to the
generic soil screening level for inhalation for that dry
cleaning solvent as set forth in the Soil Screening Guid-
ance Document.
(c) APPLICABILITY TO CERCLA.—The applicable or
relevant and appropriate requirements for dry cleaning
solvents under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 shall be
the remediation standards established by subsections (a)
and (b).
(d) CHANGES TO STANDARDS.—The Administrator
of the Environmental Protection Agency may, by rule,
change the standards of subsections (a) and (b) in accord-
ance with the provisions of any revised Soil Screening
Guidance Document published after the date of enactment
of this Act if necessary to protect human health or the
environment.
SEC. 4. NONPREEMPTION.
Nothing in this Act—
(1) shall preempt or otherwise prevent the Fed-
eral Government or a State government from reme-
diating soil, surface water, groundwater, or other en-
vironmental media to a level other than the max-
imum remediation level determined in accordance
with section 3 if the government determines, on a
site-by-site basis, that a more stringent standard is
necessary to protect human health or the environ-
ment; or