CERCLA Liability Expansion and Accountability for Negligent and Unjust Pollution Act
Bill: H.R.2673 | Sponsor: Rep. Blumenauer, Earl (D-OR)
Policy area: Environmental Protection

Summary:
CERCLA Liability Expansion and Accountability for Negligent and Unjust Pollution Act or the CLEANUP Act
This bill includes petroleum products under the definition of hazardous substances for purposes of Superfund, the program that directs and funds the cleanup of sites contaminated with hazardous substances. Additionally, the release of a petroleum product shall be considered as a release under Superfund if liability for such release is established by any other federal law.
Per the bill, a petroleum product is petroleum or oil of any kind, in any form, or any fraction thereof, and includes fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

To amend the Comprehensive Environmental Response, Compensation, and 
    Liability Act of 1980 to include certain landlocked releases of 
                   petroleum, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``CERCLA Liability Expansion and 
Accountability for Negligent and Unjust Pollution Act'' or the 
``CLEANUP Act''.

SEC. 2. COVERAGE OF LANDLOCKED RELEASES OF PETROLEUM.

    (a) Hazardous Substances Defined.--Section 101(14) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601(14)) is amended--
            (1) by striking ``and (F)'' and inserting ``(F)'';
            (2) by inserting ``, and (G) petroleum products'' after 
        ``Toxic Substances Control Act''; and
            (3) by striking ``petroleum, including crude oil or any 
        fraction thereof which is not otherwise specifically listed or 
        designated as a hazardous substance under subparagraphs (A) 
        through (F) of this paragraph, and the term does not include''.
    (b) Release Defined.--Section 101(22) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601(22)) is amended by striking ``and (D) the normal 
application of fertilizer'' and inserting ``(D) the normal application 
of fertilizer, and (E) the release of a petroleum product if liability 
for such release is established by any other Federal law''.
    (c) Definition of Petroleum Product.--Section 101 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601) is amended by adding at the end the following:
            ``(42) Petroleum product.--The term `petroleum product' 
        means petroleum or oil of any kind, in any form, or any 
        fraction thereof, including fuel oil, sludge, oil refuse, and 
        oil mixed with wastes other than dredged spoil.''.
    (d) Conforming Amendment.--Section 101(39)(D)(ii)(II)(aa) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601(39)(D)(ii)(II)(aa)) is amended by striking 
``excluded from the definition of `hazardous substance' under section 
101''.
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