Superfund Amendments and Reauthorization Act of 1986
PL 99-499 (H.R.2005), enacted 10/17/1986

PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1613 
*Public Law 99-499 
99th Congress 
An Act 
To extend and amend the C!omprehensive Environmental Response, Compensation, 
Oct. 17, 1986 
and Liability Act of 1980, and for other purposes. 
[H.R. 2005] 
'Superfund Amendments and Re-
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
This Act may be cited as the 
authorization Act of 1986". 
TABLE OF CONTENTS 
Sec. 1. Short title and table of contents. 
,^ , ,.^ 
Sec. 2. CERCLA and Administrator. 
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Sec. 3. Limitation on contract and borrowing authority. 
Sec. 4. Effective date. 
TITLE I—PROVISIONS RELATING PRIMARILY TO RESPONSE AND 
LIABILITY 
Sec. 101. Amendments to definitions. 
Sec. 102. Reportable quantities. 
Sec. 103. Notices; penalties. 
Sec. 104. Response authorities. 
Sec. 105. National contingency plan. 
Sec. 106. Reimbursement. 
Sec. 107. Liability. 
Sec. 108. Financial responsibility. 
Sec. 109. Penalties. 
Sec. 110. Health-related authorities. 
Sec. 111. Uses of fund. 
Sec. 112. Claims procedure. 
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Sec. 113. Litigation, jurisdiction, and venue. 
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Sec. 114. Relationship to other law. 
Sec. 115. Delegation; regulations. 
Sec. 116. Schedules. 
Sec. 117. Public participation. 
Sec. 118. Miscellaneous provisions. 
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Sec. 119. Response action contractors. 
Sec. 120. Federal facilities. 
Sec. 121. Cleanup standards. 
Sec. 122. Settlements. 
Sec. 123. Reimbursement to local governments. 
Sec. 124. Methane recovery. 
Sec. 125. Certain special study wastes. 
Sec. 126. Worker protection standards. 
^ 
Sec. 127. Liability limits for ocean incineration vessels. 
TITLE II—MISCELLANEOUS PROVISIONS 
Sec. 201. Post-closure liability program study, report to Congress, and suspension of 
liability transfers. 
Sec. 202. Hazardous materials transportation. 
Sec. 203. State procedural reform. 
Sec. 204. Conforming amendment to funding provisions. 
Sec. 205. Cleanup of petroleum from leaking underground storage tanks. 
Sec. 206. Citizens suits. 
Sec. 207. Indian tribes. 
Sec. 208. Insurability study. 
Sec. 209. Research, development, and demonstration. 
Sec. 210. Pollution liability insurance. 
Sec. 211. Department of Defense environmental restoration program. 
n-; 
Sec. 212. Oversight and reporting requirements. 
Superfund 
Amendments 
and 
Reauthorization 
Act of 1986. 
Hazardous 
materials. 
Environmental 
protection. 
42 u s e 9601 
note. 
' • '. .'y&c 
I'Sct 'XiU Si" 
2 A 
, & % B • 
•idSC Ot 
*Note: This is a subsequently typeset print of the hand enrollment which was signed 
by the President on October 17, 1986. 
100 STAT. 1614 
PUBLIC LAW 99-499—OCT. 17, 1986 
Sec. 213. Love Canal property acquisition. 
-pt ,p(> wfj. I ;;' > 
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TITLE III—EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW 
Sec. 300. Short title; table of contents. 
,%j 
. ^ 5 
Subtitle A—Emergency Planning and Notification 
» ^•. 
Sec. 301. Establishment of State commissions, planning districts, and local 
committees. 
Sec. 302. Substances and facilities covered and notification. 
<«'•.'.; 
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•f*" 
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Sec. 303. Comprehensive emergency response plans. 
Sec. 304. Emergency notification. 
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Sec. 305. Emergency training and review of emergency systems. 
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Subtitle B—Reporting Requirements 
Sec. 311. Material safety data sheets. 
Sec. 312. Emergency and heizardous chemical inventory forms. 
. . - . » ' ' - 
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Sec. 313. Toxic chemical release forms. 
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Subtitle C—General Provisions 
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Sec. 321. Relationship to other law. 
Sec. 322. Trade secrets. 
:^';; 
Sec. 323. Provision of information to health professionals, doctors, and nurses. 
Sec. 324. Public availability of plans, data sheets, forms, and followup notices. 
Sec. 325. Enforcement. 
Sec. 326. Civil Actions. 
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Sec. 327. Exemption. 
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V 
Sec. 328. Regulations. 
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• 
Sec. 329. Definitions. 
Sec. 330. Authorization of appropriations. 
TITLE IV—RADON GAS AND INDOOR AIR QUALITY RESEARCH 
•' 
Sec. 401. Short title. 
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Sec. 402. Findings. 
;, 
Sec. 403. Radon gas and indoor air quality research program. 
Sec. 404. Construction of title. 
Sec. 405. Authorizations. 
42 u s e 9601 
SEC. 2. CERCLA AND ADMINISTRATOR. 
As used in this Act— 
(1) CERCLA.—The term "CERCLA" means the Comprehen-
sive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C 9601 et seq.). 
(2) ADMINISTRATOR.—The term "Administrator" means the 
Administrator of the Environmental Protection Agency. 
42 u s e 9662. 
SEC. 3. LIMITATION ON CONTRACT AND BORROWING AUTHORITY. 
^ 
Any authority provided by this Act, including any amendment 
made by this Act, to enter into contracts to obligate the United 
States or to incur indebtedness for the repayment of which the 
United States is liable shall be effective only to such extent or in 
such amounts as are provided in appropriation Acts. 
42 u s e 9601 
SEC. 4. EFFECTIVE DATE. 
Except as otherwise specified in section 12105) of this Act or in any 
other provision of titles I, II, III, and IV of this Act, the amendments 
made by titles I through IV of this Act shall take effect on the 
enactment of this Act. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1615 
TITLE I—PROVISIONS RELATING PRIMARILY TO RESPONSE 
AND LIABILITY 
SEC. 101. AMENDMENTS TO DEFINITIONS. 
Post, p. 1652. 
(a) INDIAN TRIBE.—Paragraph (16) of section 101 of CERCLA ^2USC960i. 
(defining "natural resources") is amended by striking "or" the last 
time it appears and inserting before the punctuation at the end 
thereof the following: ", any Indian tribe, or, if such resources are 
subject to a trust restriction on alienation, any member of an Indian 
tribe". 
(b) STATE OR LOCAL GOVERNMENT LIMITATION.—Paragraph (20) of 
section 101 of CERCLA (defining "owner or operator") is amended as 
follows: 
(1) Add the following new subparagraph at the end thereof: 
"(D) The term 'owner or operator' does not include a unit 
of State or local government which acquired ownership or 
control involuntarily through bankruptcy, tax delinquency, 
V 
abandonment, or other circumstances in which the govern-
ment involuntarily acquires title by virtue of its function as 
sovereign. The exclusion provided under this paragraph 
shall not apply to any State or local government which h£is 
• 
caused or contributed to the release or threatened release of 
i 
a hazardous substance from the facility, and such a State or 
local government shall be subject to the provisions of this 
Act in the same manner and to the same extent, both 
f
- 
procedurally and substantively, as any nongovernmental 
entity, including liability under section 107.". 
42 USC 9607. 
(2) Amend clause (iii) of subparagraph (A) to read as follows: 
"(iii) in the case of any facility, title or control of which was 
conveyed due to bankruptcy, foreclosure, tax delinquency, 
abandonment, or similar means to a unit of State or local 
government, any person who owned, operated, or otherwise 
controlled activities at such facility immediately beforehand,". 
(3) Capitalize the first word of subparagraphs (B) and (C) and 
'* substitute a period for the semicolon at the end of subpara-
graphs (A), (B), and (C). 
(c) RELEASE.—Paragraph (22) of section 101 of CERCLA (defining 
"release") is amended by inserting after "environment" the follow-
ing: "(including the abandonment or discarding of barrels, contain-
ers, 
and other closed receptacles containing any 
hazardous 
substance or pollutant or contaminant)". 
(d) REMEDIAL ACTION.—Paragraph (24) of section 101 of CERCLA 
(defining "remedy" and "remedial action") is amended as follows: 
(1) Strike "welfare. The term does not include offsite trans-
port" and all that follows down through the semicolon at the 
end of such paragraph and insert "welfare; the term includes 
> offsite transport and offsite storage, treatment, destruction, or 
n 
secure disposition of hazardous substances and associated 
contaminated materials.". 
(2) Strike "or" before "contaminated materials" and insert 
"and associated". 
(e) RESPONSE.—Section 101(25) of CERCLA (defining "respond" 
and "response") is amended by inserting at the end thereof the 
following: ", all such terms (including the terms 'removal' and 
'remedial action') include enforcement activities related thereto.". 
100 STAT. 1616 
PUBLIC LAW 99-499—OCT. 17,1986 
42 use 9601. 
(f) ADDITIONAL DEFINITIONS.—Section 101 of CERCLA is amended 
by striking out "; and" at the end of paragraph (31) and substituting 
a period, by changing the semicolons at the end of paragraphs (1) 
through (29) to periods, by inserting "The term" at the beginning of 
paragraphs (1) through (22) and paragraphs (28) and (31), by insert-
ing "The terms" at the beginning of paragraphs (23) through (27) 
and paragraphs (29), (30), and (32) by striking out ", the term" in the 
material preceding paragraph (1), and by adding the following new 
paragraphs at the end thereof: 
"(33) The term 'pollutant or contaminant' shall include, but 
not be limited to, any element, substance, compound, or mix-
ture, including disease-causing agents, which after release into 
' 
the environment and upon exposure, ingestion, inhalation, or 
assimilation into any organism, either directly from the 
environment or indirectly by ingestion through food chains, will 
ii or may reasonably be anticipated to cause death, disease, behav-
it ioral abnormalities, cancer, genetic mutation, physiological mal-
,'i functions (including malfunctions in reproduction) or physical 
r deformations, in such organisms or their offspring; except that 
i the term 'pollutant or contaminant' shall not include petro-
leum, including crude oil or any fraction thereof which is not 
otherwise specifically listed or designated as a hazardous sub-
stance under subparagraphs (A) through (F) of paragraph (14) 
'-'• and shall not include natural gas, liquefied natural gas, or 
synthetic gas of pipeline quality (or mixtures of natural gas and 
such synthetic gas). 
ig 
"(34) The term 'alternative water supplies' includes, but is not 
J oj^ 
limited to, drinking water and household water supplies. 
g 
"(35)(A) The term 'contractual relationship', for the purpose 
42 use 9607. 
^ of section 107(b)(3), includes, but is not limited to, land con-
^ tracts, deeds or other instruments transferring title or posses-
sion, unless the real property on which the facility concerned is 
located was acquired by the defendant after the disposal or 
placement of the hsizardous substance on, in, or at the facility, 
and one or more of the circumstances described in clause (i), (ii), 
'" or (iii) is also established by the defendant by a preponderance 
'^' of the evidence: 
"(i) At the time the defendant acquired the facility the 
&l 
defendant did not know and had no reason to know that 
any hazardous substance which is the subject of the release 
or threatened release was disposed of on, in, or at the 
facility. 
"(ii) The defendant is a government entity which ac-
' 
quired the facility by escheat, or through any other involun-
tary transfer or acquisition, or through the exercise of 
eminent domain authority by purchase or condemnation, 
"(iii) The defendant acquired the facility by inheritance 
or bequest. 
.. In addition to establishing the foregoing, the defendant must 
b 
establish that he has satisfied the requirements of section 
107(bX3) (a) and (b). 
ti 
"(B) 'To establish that the defendant had no reason to know, 
as provided in clause (i) of subparagraph (A) of this paragraph, 
the defendant must have undertaken, at the time of acquisition, 
all appropriate inquiry into the previous ownership and uses of 
jjj the property consistent with good commercial or customary 
practice in an effort to minimize liability. For purposes of the 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1617 
preceding sentence the court shall take into account any 
specialized knowledge or experience on the part of the defend-
ant, the relationship of the purchase price to the value of the 
property if uncontaminated, commonly known or reasonably 
ascertainable information about the property, the obviousness 
of the presence or likely presence of contamination at the 
property, and the ability to detect such contamination by appro-
priate inspection. 
"(C) Nothing in this paragraph or in section 107(b)(3) shall 
f 
diminish the liability of any previous owner or operator of such 
facility who would otherwise be liable under this Act. Notwith-
t 
standing this paragraph, if the defendant obtained actual 
knowledge of the release or threatened release of a hazardous 
substance at such facility when the defendant owned the real 
* 
property and then subsequently transferred ownership of the 
property to another person without disclosing such knowledge, 
such defendant shall be treated as liable under section 107(a)(1) 
i 
and no defense under section 107(b)(3) shall be available to such 
r 
defendant. 
"(D) Nothing in this paragraph shall affect the liability under 
% this Act of a defendant who, by any act or omission, caused or 
contributed to the release or threatened release of a hazardous 
i 
substance which is the subject of the action relating to the 
facility. 
"(36) The term Indian tribe' means any Indian tribe, band, 
J 
nation, or other organized group or community, including any 
Alaska Native village but not including any Alaska Native 
; 
regional or village corporation, which is recognized as eligible 
for the special programs and services provided by the United 
States to Indians because of their status as Indians.". 
SEC. 102. REPORTABLE QUANTITIES. 
Section 102(a) of CERCLA is amended by adding at the end 
thereof the following new sentences: "For all hazardous substances 
for which proposed regulations establishing reportable quantities 
were published in the Federal Register under this subsection on or 
before March 1, 1986, the Administrator shall promulgate under 
this subsection final regulations establishing reportable quantities 
not later than December 31, 1986. For all hazardous substances for 
which proposed regulations establishing reportable quantities were 
not published in the Federal Register under this subsection on or 
before March 1, 1986, the Administrator shall publish under this 
subsection proposed regulations establishing reportable quantities 
not later than December 31, 1986, and promulgate final regulations 
under this subsection establishing reportable quantities not later 
than April 30,1988.". 
SEC. 103. NOTICES; PENALTIES. 
Section 103(b) of CERCLA is amended by striking out "paragraph" 
in the last sentence and inserting in lieu thereof "subsection" and 
by adjusting the left hand margin of the text of such subsection 
following "federally permitted release," the third place it appears so 
that there is no indentation of such text. 
SEC. 104. RESPONSE AUTHORITIES. 
(a) 
RESPONSE 
BY POTENTIALLY 
RESPONSIBLE 
PARTIES; 
PUBLIC 
HEALTH THREATS.—Section 104(a)(1) of CERCLA is amended by 
42 u s e 9607. 
Real property. 
\i} £i 
Regulations. 
42 u s e 9602. 
Federal 
Register, 
publication. 
Post, p. 1632. 
President of U.S. 
42 u s e 9604. 
100 STAT. 1618 
PUBLIC LAW 99-499—OCT. 17, 1986 
striking ", unless the President determines" and all that follows 
down through "party." and inserting a period and the following: 
"When the President determines that such action will be done 
properly and promptly by the owner or operator of the facility or 
vessel or by any other responsible party, the President may allow 
such person to carry out the action, conduct the remedial investiga-
tion, or conduct the feasibility study in accordance with section 122. 
No remedial investigation or feasibility study (RI/FS) shall be au-
• ' ' 
' thorized except on a determination by the President that the party 
is qualified to conduct the RI/FS and only if the President contracts 
i/'i 
J' with or arranges for a qualified person to assist the President in 
overseeing and reviewing the conduct of such RI/FS and if the 
responsible party agrees to reimburse the Fund for any cost in-
curred by the President under, or in connection with, the oversight 
contract or arrangement. In no event shall a potentially responsible 
party be subject to a lesser standard of liability, receive preferential 
treatment, or in any other way, whether direct or indirect, benefit 
from any such arrangements as a response action contractor, or as a 
person hired or retained by such a response action contractor, with 
respect to the release or facility in question. The President shall give 
primary attention to those releases which the President deems may 
present a public health threat.". 
42 use 9604. 
(b) REMOVAL AcTiON.—Section 104(a)(2) of CERCLA is amended to 
read as follows: 
"(2) REMOVAL ACTION.—Any removal action undertaken by the 
President under this subsection (or by any other person referred to 
in section 122) should, to the extent the President deems practicable, 
contribute to the efficient performance of any long term remedial 
action with respect to the release or threatened release concerned.". 
(c) LIMITATIONS ON RESPONSE.—Section 104(a) of CERCLA is fur-
ther amended by adding after paragraph (2) the following new 
paragraphs: 
"(3) LIMITATIONS ON RESPONSE.—The President shall not provide 
- 
for a removal or remedial action under this section in response to a 
release or threat of release— 
"(A) of a naturally occurring substance in its unaltered form, 
or altered solely through naturally occurring processes or 
phenomena, from a location where it is naturally found; 
"(B) from products which are part of the structure of, and 
•;, 
result in exposure within, residential buildings or business or 
community structures; or 
"(C) into public or private drinking water supplies due to 
deterioration of the system through ordinary use. 
"(4) EXCEPTION TO LIMITATIONS.—Notwithstanding paragraph (3) 
of this subsection, to the extent authorized by this section, the 
President may respond to any release or threat of release if in the 
President's discretion, it constitutes a public health or environ-
mental emergency and no other person with the authority and 
* *
^
' capability to respond to the emergency will do so in a timely 
manner.". 
(d) COORDINATION OF INVESTIGATIONS.—Section 104(b) of CERCLA 
is amended by inserting "(1) INFORMATION; STUDIES AND INVESTIGA-
TIONS.—" after "(b)" and by adding at the end thereof the following 
^ 
i 
new paragraph: 
-V 
"(2) COORDINATION OF INVESTIGATIONS.—The President shall 
promptly notify the appropriate Federal and State natural resource 
trustees of potential damages to natural resources resulting from 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1619 
releases under investigation pursuant to this section and shall seek 
to coordinate the assessments, investigations, and planning under 
this section with such Federal and State trustees.". 
(e) INITIAL OBLIGATION OF FUND.— 
(1) LIMITATION.—Section 104(c)(1) of CERCLA is amended by 42 USC 9604. 
striking out "$1,000,000" and "six months" and inserting in lieu 
thereof "$2,000,000" and "12 months", respectively. 
(2) CONTINUED RESPONSE.—Section 104(c)(1) of CERCLA is 
;_,. 
amended by inserting before "obligations" the following: "or (C) 
continued response action is otherwise appropriate and consist-
ent with the remedial action to be taken". 
(f) FACILITIES OWNED AND OPERATED BY STATES.—Paragraph (3) of 
section 104(c) of CERCLA is amended by striking out "(ii) at least" Post, p. 1705. 
and all that follows through the period at the end thereof and 
inserting !'(ii) 50 percent (or such greater amount as the President 
may determine appropriate, taking into account the degree of 
responsibility of the State or political subdivision for the release) of 
any sums expended in response to a release at a facility, that was 
operated by the State or a political subdivision thereof, either 
directly or through a contractual relationship or otherwise, at the 
time of any disposal of hazardous substances therein. For the pur-
pose of clause (ii) of this subparagraph, the term 'facility' does not 
include navigable waters or the beds underlying those waters.". 
(g) CROSS REFERENCE TO CLEANUP STANDARDS.—Section 104(c)(4) of 
CERCLA is amended to read as follows: 
"(4) SELECTION OF REMEDIAL ACTION.—The President shall select 
remedial actions to carry out this section in accordance with section 
121 of this Act (relating to cleanup standards).". 
(h) STATE CREDITS.—Section 104(c) of CERCLA is amended by 
adding the following new paragraph after paragraph (4): 
"(5) STATE CREDITS.— 
"(A) GRANTING OF CREDIT.—The President shall grant a State Contracts, 
a credit against the share of the costs, for which it is responsible 
under paragraph (3) with respect to a facility listed on the 
National Priorities List under the National Contingency Plan, 
»
. 
for amounts expended by a State for remedial action at such 
facility pursuant to a contract or cooperative agreement with 
the President. The credit under this paragraph shall be limited 
to those State expenses which the President determines to be 
reasonable, documented, direct out-of-pocket expenditures of 
non-Federal funds. 
"(B) EXPENSES BEFORE LISTING OR AGREEMENT.—The credit 
under this paragraph shall include expenses for remedial action 
at a facility incurred before the listing of the facility on the 
National Priorities List or before a contract or cooperative 
agreement is entered into under subsection (d) for the facility 
if— 
"(i) after such expenses are incurred the facility is listed 
, ,^ 
on such list and a contract or cooperative agreement is 
entered into for the facility, and 
^< ' ^ 
"(ii) the President determines that such expenses would 
have been credited to the State under subparagraph (A) had 
the expenditures been made after listing of the facility on 
such list and after the date on which such contract or 
cooperative agreement is entered into. 
"(C) RESPONSE ACTIONS BETWEEN 1978 AND I980.—The credit Claims. 
under this paragraph shall include funds expended or obligated 
71-19A 0 -
- 18 : QL. 3 Part2 
100 STAT. 1620 
PUBLIC LAW 99-499—OCT. 17, 1986 
! 
by the State or a political subdivision thereof after January 1, 
"'' 1978, and before December 11, 1980, for cost-eligible response 
actions and claims for damages compensable under section 111. 
"(D) STATE EXPENSES AFTER DECEMBER i i , 1980, IN EXCESS OF lo 
'' 
^ -•* Y 
PERCENT OF COSTS.—The credit under this paragraph shall in-
-' 
elude 90 percent of State expenses incurred at a facility owned, 
but not operated, by such State or by a political subdivision 
Contracts. 
-/ 
thereof. Such credit applies only to expenses incurred pursuant 
to a contract or cooperative agreement under subsection (d) and 
only to expenses incurred after December 11, 1980, but before 
the date of the enactment of this paragraph. 
;; 
"(E) ITEM-BY-ITEM APPROVAL.—In the case of expenditures 
10^' 4. ?i' 
made after the date of the enactment of this paragraph, the 
President may require prior approval of each item of expendi-
ture as a condition of granting a credit under this paragraph. 
fo 
"(F) USE OF CREDITS.—Credits granted under this paragraph 
* 
for funds expended with respect to a facility may be used by the 
State to reduce all or part of the share of costs otherwise 
required to be paid by the State under paragraph (3) in connec-
* 
tion with remedial actions at such facility. If the amount of 
funds for which credit is allowed under this paragraph exceeds 
V
^ such share of costs for such facility, the State may use the 
amount of such excess to reduce all or part of the share of such 
^-' costs at other facilities in that State. A credit shall not entitle 
the State to any direct pa)mtient.". 
(i) 
TREATMENT OF CERTAIN 
ACTIVITIES AS MAINTENANCE OR 
REMEDIAL ACTION.—Section 104(c) of CERCLA is amended by adding 
the following new paragraphs after paragraph (5): 
"(6) OPERATION AND MAINTENANCE.—For the purposes of para-
graph (3) of this subsection, in the case of ground or surface water 
contamination, completed remedial action includes the completion 
Si -ia'> 
Qf treatment or other measures, whether taken onsite or offsite, 
necessary to restore ground and surface water quality to a level that 
assures protection of human health and the environment. With 
respect to such measures, the operation of such measures for a 
period of up to 10 years after the construction or installation and 
commencement of operation shall be considered remedial action. 
Activities required to maintain the effectiveness of such measures 
following such period or the completion of remedial action, which-
ever is earlier, shall be considered operation or maintenance. 
"(7) LIMITATION ON SOURCE OF FUNDS FOR O&M.—During 
any 
period after the availability of funds received by the Hazardous 
Substance Superfund established under subchapter A of chapter 98 
26 use 9501. 
of the Internal Revenue Code of 1954 from tax revenues or appro-
priations from general revenues, the Federal share of the payment 
of the cost of operation or maintenance pursuant to paragraph 
(3XCXi) or paragraph (6) of this subsection (relating to operation and 
maintenance) shall be from funds received by the Hazardous Sub-
stance Superfund from amounts recovered on behalf of such fund 
under this Act.". 
0) RECONTRACTING.—Section 104(c) of CERCLA is amended by 
adding the following new paragraph after paragraph (7): 
"(8) RECONTRACTING.—The President is authorized to undertake 
or continue whatever interim remedial actions the President deter-
mines to be appropriate to reduce risks to public health or the 
.miiMi'j environment where the performance of a complete remedial action 
requires recontracting because of the discovery of sources, types, or 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1621 
quantities of hazardous substances not known at the time of entry 
into the original contract. The total cost of interim actions under-
taken at a facility pursuant to this paragraph shall not exceed 
$2,000,000.". 
(k) SITING.—Section 104(c) of CERCLA is amended by adding the 
following new paragraph after paragraph (8): 
"(9) SITING.—Effective 3 years after the enactment of the Contracts. 
Superfund Amendments and Reauthorization Act of 1986, the Presi-
dent shall not provide any remedial actions pursuant to this section 
unless the State in which the release occurs first enters into a 
contract or cooperative agreement with the President providing 
assurances deemed adequate by the President that the State will 
assure the availability of hazardous waste treatment or disposal 
facilities which— 
"(A) have adequate capacity for the destruction, treatment, or 
secure disposition of all hazardous wastes that are reasonably 
expected to be generated within the State during the 20-year 
period following the date of such contract or cooperative agree-
ment and to be disposed of, treated, or destroyed, 
"(B) are within the State or outside the State in accordance 
with an interstate agreement or regional agreement or 
r 
authority, 
.'ti; 
s, 
"(C) are acceptable to the President, and 
s 
"(D) are in compliance with the requirements of subtitle C of 
the Solid Waste Disposal Act.". 
42 USC 6921. 
(1) COOPERATIVE AGREEMENTS WITH STATES.—Section 104(d)(1) of 
CERCLA is amended to read as follows: 
"(1) COOPERATIVE AGREEMENTS.— 
"(A) STATE APPLICATIONS.—A State or political subdivision 
thereof or Indian tribe may apply to the President to carry out 
t 
actions authorized in this section. If the President determines Indians. 
that the State or political subdivision or Indian tribe has the 
capability to carry out any or all of such actions in accordance 
with the criteria and priorities established pursuant to section 
105(a)(8) and to carry out related enforcement actions, the 
42 USC 9605. 
J 
President may enter into a contract or cooperative agreement 
I 
with the State or political subdivision or Indian tribe to carry 
out such actions. The President shall make a determination 
1 
regarding such an application within 90 days after the Presi-
0 
dent receives the application. 
1 
"(B) TERMS AND CONDITIONS.—A contract or cooperative agree-
ment under this paragraph shall be subject to such terms and 
conditions as the President may prescribe. The contract or 
„
^ ..^ 
cooperative agreement may cover a specific facility or specific 
j-
facilities. 
I 
"(C) REIMBURSEMENTS.—Any State which expended funds 
during the period beginning September 30, 1985, and ending on 
the date of the enactment of this subparagraph for response 
actions at any site included on the National Priorities List and 
i 
subject to a cooperative agreement under this Act shall be 
J 
reimbursed for the share of costs of such actions for which the 
Federal Government is responsible under this Act.". 
(m) INFORMATION GATHERING AND ACCESS AUTHORITIES.—Section 
104(e) of CERCLA is amended by redesignating paragraph (2) as 
paragraph (7) and aligning the margin of such paragraph with 
paragraphs (1) through (6) of such subsection, by inserting "CoN-
FIDENTIAUTY OF INFORMATION.—" before "(A) Any records", by strik-
100 STAT. 1622 
PUBLIC LAW 99-499—OCT. 17, 1986 
Law 
enforcement 
and crime. 
Maritime 
affairs. 
Maritime 
affairs. 
Maritime 
affairs. 
ing out paragraph (1), and by striking out "(e)" and inserting in lieu 
thereof the following: 
"(e) INFORMATION GATHERING AND ACCESS.— 
"(1) ACTION AUTHORIZED.—Any officer, employee, or rep-
^ f 
resentative of the President, duly designated by the President, 
is authorized to take action under paragraph (2), (3), or (4) (or 
any combination thereof) at a vessel, facility, establishment, 
place, property, or location or, in the case of paragraph (3) or (4), 
at any vessel, facility, establishment, place, property, or location 
K 
which is adjacent to the vessel, facility, establishment, place, 
property, or location referred to in such paragraph (3) or (4). 
Any duly designated officer, employee, or representative of a 
State or political subdivision under a contract or cooperative 
agreement under subsection (d)(1) is also authorized to take 
^- such action. The authority of paragraphs (3) and (4) may be 
exercised only if there is a reasonable basis to believe there may 
be a release or threat of release of a hazardous substance or 
pollutant or contaminant. The authority of this subsection may 
be exercised only for the purposes of determining the need for 
response, or choosing or taking any response action under this 
title, or otherwise enforcing the provisions of this title. 
"(2) ACCESS TO INFORMATION.—Any officer, employee, or rep-
resentative described in paragraph (1) may require any person 
who has or may have information relevant to any of the follow-
ing to furnish, upon reasonable notice, information or docu-
^'' ments relating to such matter: 
"(A) The identification, nature, and quantity of materials 
which have been or are generated, treated, stored, or dis-
posed of at a vessel or facility or transported to a vessel or 
facility. 
"(B) The nature or extent of a release or threatened 
release of a hazardous substance or pollutant or contami-
nant at or from a vessel or facility. 
"(C) Information relating to the ability of a person to pay 
for or to perform a cleanup. 
In addition, upon reasonable notice, such person either (i) shall 
grant any such officer, employee, or representative access at all 
reasonable times to any vessel, facility, establishment, place, 
-i* property, or location to inspect and copy all documents or 
records relating to such matters or (ii) shall copy and furnish to 
the officer, employee, or representative all such documents or 
records, at the option and expense of such person. 
"(3) ENTRY.—Any officer, employee, or representative de-
scribed in paragraph (1) is authorized to enter at reasonable 
times any of the following: 
t 
"(A) Any vessel, facility, establishment, or other place or 
-' 
property where any hazardous substance or pollutant or 
contaminant may be or has been generated, stored, treated, 
disposed of, or transported from. 
"(B) Any vessel, facility, establishment, or other place or 
>' 
property from which or to which a hazardous substance or 
pollutant or contaminant has been or may have been 
,t'•>"' released. 
sf 
"(C) Any vessel, facility, establishment, or other place or 
property where such release is or may be threatened. 
"(D) Any vessel, facility, establishment, or other place or 
• property where entry is needed to determine the need for 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1623 
response or the appropriate response or to effectuate a 
response action under this title. 
"(4) INSPECTION AND SAMPLES.— 
"(A) AUTHORITY.—Any officer, employee or representa-
tive described in paragraph (1) is authorized to inspect and 
obtain samples from any vessel, facility, establishment, or 
other place or property referred to in paragraph (3) or from 
any location of any suspected hazardous substance or 
pollutant or contaminant. Any such officer, employee, or 
representative is authorized to inspect and obtain samples 
of any containers or labeling for suspected hazardous sub-
stances or pollutants or contaminants. Each such inspection 
shall be completed with reasonable promptness. 
"(B) SAMPLES.—If the officer, employee, or representative 
obtains any samples, before leaving the premises he shall 
give to the owner, operator, tenant, or other person in 
charge of the place from which the samples were obtained a 
receipt describing the sample obtained and, if requested, a 
portion of each such sample. A copy of the results of any 
analysis made of such samples shall be furnished promptly 
to the owner, operator, tenant, or other person in charge, if 
such person can be located. 
"(5) COMPLIANCE ORDERS.— 
"(A) ISSUANCE.—If consent is not granted regarding any 
request made by an officer, employee, or representative 
under paragraph (2), (3), or (4), the President may issue an 
order directing compliance with the request. The order may 
be issued after such notice and opportunity for consultation 
as is reasonably appropriate under the circumstances. 
"(B) COMPLIANCE.—The President may ask the Attorney 
General to commence a civil action to compel compliance 
with a request or order referred to in subparagraph (A). 
Where there is a reasonable basis to believe there may be a 
release or threat of a release of a hazardous substance or 
pollutant or contaminant, the court shall take the following 
actions: 
"(i) In the case of interference with entry or inspec-
tion, the court shall enjoin such interference or direct 
compliance with orders to prohibit interference with 
entry or inspection unless under the circumstances of 
the case the demand for entry or inspection is arbitrary 
and capricious, an abuse of discretion, or otherwise not 
in accordance with law. 
s* T' 
"(ii) In the case of information or document requests 
or orders, the court shall enjoin interference with such 
information or document requests or orders or direct 
compliance with the requests or orders to provide such 
information 
or documents unless under the cir-
'. IS 
cumstances of the case the demand for information or 
documents is arbitrary and capricious, an abuse of 
discretion, or otherwise not in accordance with law. 
The court may assess a civil penalty not to exceed $25,000 
for each day of noncompliance against any person who 
unreasonably fails to comply with the provisions of para-
graph (2), (3), or (4) or an order issued pursuant to subpara-
graph (A) of this paragraph. 
'— 
Maritime 
affairs. 
Law 
enforcement 
and crime. 
100 STAT. 1624 
PUBLIC LAW 99-499—OCT. 17, 1986 
42 u s e 9604. 
Classified 
information. 
Public 
information. 
s 
"(6) OTHER AUTHORITY.—Nothing in this subsection shall pre-
clude the President from securing access or obtaining informa-
tion in any other lawful manner.", 
(n) BASIS FOR WITHHOLDING INFORMATION.—Paragraph (7) of sec-
tion 104(e) of CERCLA (formerly paragraph (2), as redesignated by 
subsection (1) of this section) is amended by adding the following new 
subparagraphs at the end thereof: 
"(E) No person required to provide information under this Act 
may claim that the information is entitled to protection under 
this paragraph unless such person shows each of the following: 
"(i) Such person has not disclosed the information to any 
other person, other than a member of a local emergency 
planning committee established under title III of the 
«,, ^;;_. 
Amendments and Reauthorization Act of 1986, an officer or 
',' ' 
employee of the United States or a State or local govern-
ment, an employee of such person, or a person who is bound 
by a confidentiality agreement, and such person has taken 
reasonable measures to protect the confidentiality of such 
information and intends to continue to take such measures, 
"(ii) The information is not required to be disclosed, or 
V ^;,, 
otherwise made available, to the public under any other 
'• ' ^' 
Federal or State law. 
"(iii) Disclosure of the information is likely to cause 
substantial harm to the competitive position of such person. 
"(iv) The specific chemical identity, if sought to be 
protected, is not readily discoverable through reverse 
engineering. 
"(F) The following information with respect to any hazardous 
substance at the facility or vessel shall not be entitled to 
protection under this paragraph: 
"(i) The trade name, common name, or generic class or 
category of the hazardous substance. 
"(ii) The physical properties of the substance, including 
its boiling point, melting point, flash point, specific gravity, 
vapor density, solubility in water, and vapor pressure at 20 
' '^ • 
degrees Celsius. 
"(iii) The hazards to health and the environment posed by 
-?- 
• ^j^g substance, including physical hazards (such as explo-
sion) and potential acute and chronic health hazards. 
"(iv) The potential routes of human exposure to the 
substance at the facility, establishment, place, or property 
-. - 
being investigated, entered, or inspected under 
this 
ii> 
subsection. 
"(v) The location of disposal of any waste stream. 
"(vi) Any monitoring data or analysis of monitoring data 
pertaining to disposal activities, 
"(vii) Any hydrogeologic or geologic data. 
"(viii) Any groundwater monitoring data.", 
(o) ACQUISITION OF PROPERTY.— 
(1) IN GENERAL.—Section 104 of CERCLA is amended by 
adding the following new subsection at the end thereof: 
"(j) ACQUISITION OF PROPERTY.— 
"(1) AUTHORITY.—The President is authorized to acquire, by 
purchase, lease, condemnation, donation, or otherwise, any real 
property or any interest in real property that the President in 
,iax his discretion determines is needed to conduct a remedial action 
under this Act. There shall be no cause of action to compel the 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1625 
President to acquire any interest in real property under this 
Act. 
"(2) STATE ASSURANCE.—The President may use the authority 
(Contracts, 
of paragraph (1) for a remedial action only if, before an interest 
in real estate is acquired under this subsection, the State in 
which the interest to be acquired is located assures the Presi- 
* *
' 
dent, through a contract or cooperative agreement or otherwise, 
that the State will accept transfer of the interest following 
< 
,. • •
-
completion of the remedial action. 
"(3) EXEMPTION.—No Federal, State, or local government 
agency shall be liable under this Act solely as a result of 
acquiring an interest in real estate under this subsection.". 
SEC. 105. NATIONAL CONTINGENCY PLAN. 
(a) SUBSECTION (a) OF SECTION 105.—Section 105 of CERCLA is 42 use 9605. 
amended as follows: 
(1) HEADING.—Insert "(a) REVISION AND REPUBUCATION.—" 
after "105.". 
(2) HAZARD RANKING SYSTEM.—In paragraph (8XA) insert the 
following after "ecosystems,": "the damage to natural resources 
which may affect the human food chain and which is associated 
with any release or threatened release, the contamination or 
potential contamination of the ambient air which is associated 
o.\ with the release or threatened release,". 
II 
(3) NATIONAL PRIORITY UST.—In paragraph (8XB): 
(A) Strike out "at least four hundred of'. 
(B) Strike out "facilities at least" and insert in lieu 
f
; A < 5 
thereof' 'facilities''. 
(C) Insert after "in such State." the following: "A State 
State and local 
r, 
.' 
shall be allowed to designate its highest priority facility 
governments. 
only once.". 
^ 
(4) CONFORMING AMENDMENT.—In paragraph (9) insert after 
"therefor" the following: "and including consideration of minor-
e
- 
ity firms in accordance with subsection (f)". 
li 
(5) STANDARDS AND PROCEDURES FOR INNOVATIVE TREATMENT 
TECHNOLOGIES.—Strike out "and" at the end of paragraph (8), 
strike out the period at the end of paragraph (9) and insert in 
lieu thereof "; and", and insert after paragraph (9) the following 
r 
new paragraph: 
"(10) standards and testing procedures by which alternative 
or innovative treatment technologies can be determined to be 
i; 
appropriate for utilization in response actions authorized by 
this Act.". 
(b) NEW SUBSECTIONS.—Section 105 of CERCLA is amended by President of U.S. 
adding the following new subsections at the end thereof: 
"(b) REVISION OF PLAN.—Not later than 18 months after the 
' in? 
t 
enactment of the Superfund Amendments and Reauthorization Act 
of 1986, the President shall revise the National Contingency Plan to 
reflect the requirements of such amendments. The portion of such 
Plan known as 'the National Hazardous Substance Response Plan' 
shall be revised to provide procedures and standards for remedial 
actions undertaken pursuant to this Act which are consistent with 
amendments made by the Superfund Amendments and Reauthoriza-
tion Act of 1986 relating to the selection of remedial action. 
"(c) HAZARD RANKING SYSTEM.— 
Regulations. 
"(1) REVISION.—Not later than 18 months after the enactment 
m 
of the Superfund Amendments and Reauthorization Act of 1986 
100 STAT. 1626 
PUBLIC LAW 99-499—OCT. 17, 1986 
Health and 
medical care. 
President of U.S. 
Health and 
medical care. 
President of U.S. 
and after publication of notice and opportunity for submission 
of comments in accordance with section 553 of title 5, United 
V 
States Code, the President shall by rule promulgate amend-
ments to the hazard ranking system in effect on September 1, 
1984. Such amendments shall assure, to the maximum extent 
feasible, that the hazard ranking system accurately assesses the 
relative degree of risk to human health and the environment 
posed by sites and facilities subject to review. The President 
shall establish an effective date for the amended hazard rank-
ing system which is not later than 24 months after enactment of 
; 
the Superfund Amendments and Reauthorization Act of 1986. 
Such amended hazard ranking system shall be applied to any 
site or facility to be newly listed on the National Priorities List 
after the effective date established by the President. Until such 
effective date of the regulations, the hazard ranking system in 
effect on September 1, 1984, shall continue in full force and 
effect. 
"(2) HEALTH ASSESSMENT OF WATER CONTAMINATION RISKS.—In 
• 
carrying out this subsection, the President shall ensure that the 
human health risks associated with the contamination or poten-
ji 
tial contamination (either directly or as a result of the runoff of 
7 
any hazardous substance or pollutant or contaminant from sites 
* 
or facilities) of surface water are appropriately assessed where 
such surface water is, or can be, used for recreation or potable 
water consumption. In making the assessment required pursu-
ant to the preceding sentence, the President shall take into 
account the potential migration of any hazardous substance or 
pollutant or contaminant through such surface water to down-
stream sources of drinking water. 
"(3) REEVALUATION NOT REQUIRED.—The President shall not 
be required to reevaluate, after the date of the enactment of the 
Tv Superfund Amendments and Reauthorization Act of 1986, the 
hazard ranking of any facility which was evaluated in accord-
ance with the criteria under this section before the effective 
date of the amendments to the hazard ranking system under 
this subsection and which was assigned a national priority 
under the National Contingency Plan. 
r 
"(4) NEW INFORMATION.—Nothing in paragraph (3) shall pre-
clude the President from taking new information into account 
in undertaking response actions under this Act. 
"(d) PETITION FOR ASSESSMENT OF RELEASE.—Any person who is, or 
may be, affected by a release or threatened release of a hazardous 
substance or pollutant or contaminant, may petition the President 
to conduct a preliminary assessment of the hazards to public health 
and the environment which are associated with such release or 
threatened release. If the President has not previously conducted a 
preliminary assessment of such release, the President shall, within 
12 months after the receipt of any such petition, complete such 
assessment or provide an explanation of why the assessment is not 
appropriate. If the preliminary assessment indicates that the release 
or threatened release concerned may pose a threat to human health 
or the environment, the President shall promptly evaluate such 
release or threatened release in accordance with the hazard ranking 
system referred to in paragraph (8)(A) of subsection (a) to determine 
the national priority of such release or threatened release. 
"(e) RELEASES FROM EARLIER SITES.—Whenever there has been, 
after January 1, 1985, a significant release of hazardous substances 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1627 
or pollutants or contaminants from a site which is listed by the 
President as a 'Site Cleaned Up To Date' on the National Priorities 
-K,}! 
List (revised edition, December 1984) the site shall be restored to the 
National Priorities List, without application of the hazard ranking 
system. 
"(f) MINORITY CONTRACTORS.—In awarding contracts under this 
Act, the President shall consider the availability of qualified minor-
ity firms. The President shall describe, as part of any annual report Reports, 
submitted to the Congress under this Act, the participation of 
minority firms in contracts carried out under this Act. Such report 
shall contain a brief description of the contracts which have been 
awarded to minority firms under this Act and of the efforts made by 
the President to encourage the participation of such firms in pro-
grams carried out under this Act. 
"(g) SPECIAL STUDY WASTES.— 
"(1) APPLICATION.—This subsection applies to facilities— 
'^'' 
' 
"(A) which as of the date of enactment of the Superfund 
Amendments and Reauthorization Act of 1986 were not 
included on, or proposed for inclusion on, the National 
Priorities List; and 
"(B) at which special study wastes described in paragraph 
(2), (3)(A)(ii) or (3)(A)(iii) of section 3001(b) of the Solid Waste 
5
.
^
, 
Disposal Act are present in significant quantities, including 
42 USC 6921. 
any such facility from which there has been a release of a 
special study waste. 
"(2) CONSIDERATIONS IN ADDING FACILITIES TO NPL.—Pending 
revision of the hazard ranking system under subsection (c), the 
President shall consider each of the following factors in adding 
* 
facilities covered by this section to the National Priorities List: 
"(A) The extent to which hazard ranking system score for 
" 
the facility is affected by the presence of any special study 
i' i 
waste at, or any release from, such facility. 
- 1 
"(B) Available information as to the quantity, toxicity, 
• •- ' 
and concentration of hazardous substances that are 
* '^ 
constituents of any special study waste at, or released from 
such facility, the extent of or potential for release of such 
* 
hazardous constituents, the exposure or potential exposure 
to human population and the environment, and the degree 
of hazard to human health or the environment posed by the 
release of such hazardous constituents at such facility. This 
subparagraph refers only to available information on actual 
.' 'j •; -; = 
concentrations of hazardous substances and not on the total 
f 
quantity of special study waste at such facility. 
"(3) SAVINGS PROVISIONS.—Nothing in this subsection shall be 
f 
construed to limit the authority of the President to remove any 
-, \ < 
( 
facility which as of the date of enactment of the Superfund 
g 
Amendments and Reauthorization Act of 1986 is included on 
the National Priorities List from such List, or not to list any 
facility which as of such date is proposed for inclusion on such 
list. 
,.4,ft; , 
; 
"(4) INFORMATION GATHERING AND ANALYSIS.—Nothing in this 
Act shall be construed to preclude the expenditure of monies 
from the Fund for gathering and analysis of information which 
will enable the President to consider the specific factors re-
quired by paragraph (2).". 
-
•m -Jrti; <?!. 
100 STAT. 1628 
PUBLIC LAW 99-499—OCT. 17, 1986 
Claims. 
SEC. 106. REIMBURSEMENT. 
. 
, 
Post, p. 1633. 
Section 106(b) of CERCLA is amended as follows: 
(1) Insert "(D" after "(b)". 
51' 
(2) Strike out "who willfully" and insert "who, without suffi-
cient cause, willfully". 
(3) Add at the end thereof the following new paragraph: 
"(2)(A) Any person who receives and complies with the terms 
w uil^H 
-
J of any order issued under subsection (a) may, within 60 days 
i , after completion of the required action, petition the President 
for reimbursement from the Fund for the reasonable costs of 
such action, plus interest. Any interest payable under this 
ff 
paragraph shall accrue on the amounts expended from the date 
.i3 of expenditure at the same rate as specified for interest on 
investments of the Hazardous Substance Superfund established 
under subchapter A of chapter 98 of the Internal Revenue Code 
26 use 9501. 
of 1954. 
"(B) If the President refuses to grant all or part of a petition 
:,'," made under this paragraph, the petitioner may within 30 days 
T
;
^ of receipt of such refusal file an action against the President in 
'** the appropriate United States district court seeking reimburse-
ment from the Fund. 
* 
"(C) Except as provided in subparagraph (D), to obtain re-
imbursement, the petitioner shall establish by a preponderance 
of the evidence that it is not liable for response costs under 
42 use 9607. 
section 107(a) and that costs for which it seeks reimbursement 
are reasonable in light of the action required by the relevant 
order. 
"(D) A petitioner who is liable for response costs under section 
107(a) may also recover its reasonable costs of response to the 
extent that it can demonstrate, on the administrative record, 
that the President's decision in selecting the response action 
yl 
ordered was arbitrary and capricious or was otherwise not in 
accordance with law. Reimbursement awarded under this 
, 'i subparagraph shall include all reasonable response costs in-
curred by the petitioner pursuant to the portions of the order 
found to be arbitrary and capricious or otherwise not in accord-
ance with law. 
"(E) Reimbursement awarded by a court under subparagraph 
(C) or (D) may include appropriate costs, fees, and other ex-
penses in accordance with subsections (a) and (d) of section 2412 
of title 28 of the United States Code.". 
42 u s e 9607. 
SEC. 107. LIABILITY. 
(a) FOREIGN VESSELS.—Section 107(a)(1) of CERCLA is amended by 
striking out "(otherwise subject to the jurisdiction of the United 
States)^'. 
Post, p. 1705. 
(b) RECOVERABLE COSTS AND DAMAGES.—Section 107(a) of CERCLA 
is amended by striking out "and" at the end of subparagraph (B), 
striking out the period at the end of subparagraph (C) and inserting 
"; and" and inserting at the end thereof the following: 
"(D) the costs of any health assessment or health effects 
Post, p. 1636. 
study carried out under section 104(i). 
The amounts recoverable in an action under this section shall 
include interest on the amounts recoverable under subparagraphs 
(A) through (D). Such interest shall accrue from the later of (i) the 
date payment of a specified amount is demanded in writing, or (ii) 
the date of the expenditure concerned. The rate of interest on the 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1629 
ic 
outstanding unpaid balance of the amounts recoverable under this 
section shall be the same rate as is specified for interest on invest-
ments of the Hazardous Substance Superfund established under 
subchapter A of chapter 98 of the Internal Revenue Code of 1954. 
For purposes of applying such amendments to interest under this 
subsection, the term 'comparable maturity' shall be determined 
with reference to the date on which interest accruing under this 
subsection commences.". 
(c) RENDERING CARE OR ADVICE; EMERGENCY RESPONSE ACTIONS.— 
Section 107(d) of CERCLA is amended to read as follows: 
"(d) RENDERING CARE OR ADVICE.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), no 
person shall be liable under this title for costs or damages as a 
result of actions taken or omitted in the course of rendering 
care, assistance, or advice in accordance with the National 
Contingency Plan CNCP') or at the direction of an onscene 
g
^
j 
coordinator appointed under such plan, with respect to an 
'. 
incident creating a danger to public health or welfare or the 
ci 
environment as a result of any releases of a hazardous sub-
., 
stance or the threat thereof. This paragraph shall not preclude 
J 
liability for costs or damages as the result of negligence on the 
, 
part of such person. 
J, 
"(2) STATE AND LOCAL GOVERNMENTS.—No State or local 
', 
government shall be liable under this title for costs or damages 
as a result of actions taken in response to an emergency created 
by the release or threatened release of a hazardous substance 
generated by or from a facility owned by another person. This 
paragraph shall not preclude liability for costs or damages as a 
result of gross negligence or intentional misconduct by the State 
or local government. For the purpose of the preceding sentence, 
reckless, willful, or wanton misconduct shall constitute gross 
negligence. 
"(3) SAVINGS PROVISION.—This subsection shall not alter the 
liability of any person covered by the provisions of paragraph 
(1), (2), (3), or (4) of subsection (a) of this section with respect to 
the release or threatened release concerned.". 
(d) NATURAL RESOURCES.— 
(1) DESIGNATION OF FEDERAL AND STATE OFFICIALS.—Section 
107(f) of CERCLA is amended by inserting "(1) NATURAL 
RESOURCES LIABILITY.—" after "(f)" and by adding at the end 
thereof the following new paragraphs: 
"(2) DESIGNATION OF FEDERAL AND STATE OFFICIALS.— 
"(A) FEDERAL.—The President shall designate in the Na-
tional Contingency Plan published under section 105 of this 
Act the Federal officials who shall act on behalf of the 
public as trustees for natural resources under this Act and 
section 311 of the Federal Water Pollution Control Act. 
Such officials shall assess damages for injury to, destruction 
of, or loss of natural resources for purposes of this Act and 
such section 311 for those resources under their trusteeship 
and may, upon request of and reimbursement from a State 
and at the Federal officials' discretion, assess damages for 
, 
those natural resources under the State's trusteeship. 
'^ 
"(B) STATE.—The Governor of each State shall designate 
State officials who may act on behalf of the public as 
trustees for natural resources under this Act and section 
311 of the Federal Water Pollution Control Act and shall 
26 use 9501. 
Claims. 
42 u s e 9607. 
Health and 
medical care. 
Post, p. 1705. 
President of U.S. 
33 u s e 1321. 
100 STAT. 1630 
PUBLIC LAW 99-499—OCT. 17, 1986 
33 use 1321. 
33 u s e 1321. 
42 use 9651. 
42 use 9607. 
President of U.S. 
42 use 9651. 
42 use 9607. 
eiaims. 
Real property. 
Maritime 
affairs. 
f r?i * 
notify the President of such designations. Such State offi-
cials shall assess damages to natural resources for the 
purposes of this Act and such section 311 for those natural 
resources under their trusteeship. 
"(C) REBUTTABLE PRESUMPTION.—Any determination or 
' 
assessment of damages to natural resources for the pur-
poses of this Act and section 311 of the Federal Water 
Pollution Control Act made by a Federal or State trustee in 
accordance with the regulations promulgated under section 
301(c) of this Act shall have the force and effect of a 
rebuttable presumption on behalf of the trustee in any 
'• 
administrative or judicial proceeding under this Act or 
section 311 of the Federal Water Pollution Control Act.". 
(2) USE OF RECOVERED FUNDS.—Section 107(fKl) of CERCLA (as 
designated by paragraph (1) of this subsection) is amended by 
striking out the third sentence and inserting in lieu thereof the 
following: "Sums recovered by the United States Government as 
trustee under this subsection shall be retained by the trustee, 
without further appropriation, for use only to restore, replace, 
or acquire the equivalent of such natural resources. Sums recov-
ered by a State as trustee under this subsection shall be avail-
able for use only to restore, replace, or acquire the equivalent of 
such natural resources by the State. The measure of damages in 
any action under subparagraph (C) of subsection (a) shall not be 
limited by the sums which can be used to restore or replace such 
resources. There shall be no double recovery under this Act for 
natural resource damages, including the costs of damage assess-
ment or restoration, rehabilitation, or acquisition for the same 
release and natural resource". 
(3) DEADUNE FOR SECTION 301 REGULATIONS.—Section 301(cXl) 
of CERCLA is amended by adding the following at the end 
thereof: "Notwithstanding the failure of the President to 
promulgate the regulations required under this subsection on 
,^^ 
the required date, the President shall promulgate such regula-
tions not later than 6 months after the enactment of the 
Superfund Amendments and Reauthorization Act of 1986.". 
(e) FEDERAL AGENCIES.—Section 107(g) of CERCLA is amended to 
read as follows: 
"(g) FEDERAL AGENCIES.—For provisions relating to Federal agen-
cies, see section 120 of this Act." 
(f) FEDERAL LIEN.—Section 107 of CERCLA is amended by adding 
at the end thereof the following new subsection: 
"(1) FEDERAL LIEN.— 
"(1) IN GENERAL.—All costs and damages for which a person is 
liable to the United States under subsection (a) of this section 
(other than the owner or operator of a vessel under paragraph 
(1) of subsection (a)) shall constitute a lien in favor of the United 
States upon all real property and rights to such property 
which— 
"(A) belong to such person; and 
•UH 
"(B) are subject to or affected by a removal or remedial 
action. 
"(2) DURATION.—The lien imposed by this subsection shall 
arise at the later of the following: 
"(A) The time costs are first incurred by the United 
States with respect to a response action under this Act. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1631 
; 
> 
"(B) The time that the person referred to in paragraph (1) 
is provided (by certified or registered mail) written notice of 
f£c 
potential liability. 
Such lien shall continue until the liability for the costs (or a 
judgment eigainst the person arising out of such liability) is 
satisfied or becomes unenforceable through operation of the 
statute of limitations provided in section 113. 
Post, p. 1647. 
"(3) NOTICE AND VAUDITY.—The lien imposed by this subsec- 
State and local 
tion shall be subject to the rights of any purchaser, holder of a 
governments. 
security interest, or judgment lien creditor whose interest is 
perfected under applicable State law before notice of the lien 
has been filed in the appropriate office within the State (or 
county or other governmental subdivision), as designated by 
State law, in which the real property subject to the lien is 
Z 
located. Any such purchaser, holder of a security interest, or 
judgment lien creditor shall be afforded the same protections 
against the lien imposed by this subsection as are afforded 
,, 
under State law against a judgment lien which arises out of an 
, 
unsecured obligation and which arises as of the time of the 
"' filing of the notice of the lien imposed by this subsection. If the 
State has not by law designated one office for the receipt of such 
notices of liens, the notice shall be filed in the office of the clerk 
of the United States district court for the district in which the 
real property is located. For purposes of this subsection, the 
terms 'purchaser' and 'security interest' shall have the defini-
tions provided under section 6323(h) of the Internal Revenue 
\ 
Code of 1954. 
26 use 6323. 
"(4) ACTION IN REM.—The costs constituting the lien may be 
^ 
recovered in an action in rem in the United States district court 
' 
for the district in which the removal or remedial action is 
occurring or has occurred. Nothing in this subsection shall 
affect the right of the United States to bring an action against 
any person to recover all costs and damages for which such 
person is liable under subsection (a) of this section. 
"(m) MARITIME LIEN.—All costs and damages for which the owner 
or operator of a vessel is liable under subsection (aXD with respect to 
a release or threatened release from such vessel shall constitute a 
maritime lien in favor of the United States on such vessel. Such 
costs may be recovered in an action in rem in the district court of 
the United States for the district in which the vessel may be found. 
Nothing in this subsection shall affect the right of the United States 
to bring an action against the owner or operator of such vessel in 
any court of competent jurisdiction to recover such costs.". 
SEC. 108. FINANCIAL RESPONSIBILITY. 
42 USC 9608. 
(a) EVIDENCE OF FINANCIAL RESPONSIBILITY.—Section 108(bX2) of 
CERCLA is amended by adding the following at the end thereof: 
"Financial responsibility may be established by any one, or any 
combination, of the following: insurance, guarantee, surety bond, 
letter of credit, or qualification as a self-insurer. In promulgating 
President of U.S. 
requirements under this section, the President is authorized to 
, ^
.
^ 
specify policy or other contractual terms, conditions, or defenses 
which are necessary, or which are unacceptable, in establishing such 
evidence of financial responsibility in order to effectuate the pur-
poses of this Act.". 
(b) PHASE-IN PERIOD.—Section 108(bX3) of CERCLA is amended by 
striking out "over a period of not less than three and no more than 
Maritime 
affairs. 
100 STAT. 1632 
PUBLIC LAW 99-499—OCT. 17, 1986 
six years" and inserting in lieu thereof "as quickly as can reason-
ably be achieved but in no event more than 4 years". 
Claims. 
(c) DIRECT AcTiON; LiABiUTY.—Subsections (c) and (d) of section 
42 use 9608. 
108 of CERCLA are amended to read as follows: 
"(c) DIRECT ACTION.— 
^* 
"(1) RELEASES FROM VESSELS.—In the case of a release or 
• '• 
^ 
threatened release from a vessel, any claim authorized by sec-
tion 107 or 111 may be asserted directly against any guarantor 
providing evidence of financial responsibility for such vessel 
under subsection (a). In defending such a claim, the guarantor 
" 
may invoke all rights and defenses which would be available to 
^' 
the owner or operator under this title. The guarantor may also 
«
> invoke the defense that the incident was caused by the willful 
^ • 
misconduct of the owner or operator, but the guarantor may not 
invoke any other defense that the guarantor might have been 
entitled to invoke in a proceeding brought by the owner or 
operator against him. 
"(2) RELEASES FROM FACIUTIES.—In the case of a release or 
threatened release from a facility, any claim authorized by 
section 107 or 111 may be asserted directly against any guaran-
tor providing evidence of financial responsibility for such facil-
ity under subsection 0)), if the person liable under section 107 is 
in bankruptcy, reorganization, or arrangement pursuant to the 
11 use 101 et 
Federal Bankruptcy Code, or if, with reasonable diligence, juris-
««9- 
diction in the Federal courts cannot be obtained over a person 
liable under section 107 who is likely to be solvent at the time of 
. judgment. In the case of any action pursuant to this paragraph, 
the guarantor shall be entitled to invoke all rights and defenses 
which would have been available to the person liable under 
section 107 if any action had been brought against such person 
by the claimant and all rights and defenses which would have 
been available to the guarantor if an action had been brought 
against the guarantor by such person. 
fl 
"(d) LIMITATION OF GUARANTOR LIABIUTY.— 
"(1) TOTAL UABIUTY.—The total liability of any guarantor in a 
direct action suit brought under this section shall be limited to 
the aggregate amount of the monetary limits of the policy of 
insurance, guarantee, surety bond, letter of credit, or similar 
instrument obtained from the guarantor by the person subject 
to liability under section 107 for the purpose of satisfying the 
requirement for evidence of financial responsibility. 
"(2) OTHER UABIUTY.—Nothing in this subsection shall be 
construed to limit any other State or Federal statutory, contrac-
•'*"*' 
tual, or common law liability of a guarantor, including, but not 
limited to, the liability of such guarantor for bad faith either in 
negotiating or in failing to negotiate the settlement of any 
claim. Nothing in this subsection shall be construed, inter-
preted, or applied to diminish the liability of any person under 
section 107 of this Act or other applicable law.". 
42 use 9603. 
SEC. 109. PENALTIES. 
(a) VIOLATIONS AND CRIMINAL PENALTIES.— 
. 5
s
^ 
(1) NOTICE.—Section 103(b) of CERCLA is amended as follows: 
(A) Insert after "knowledge of such release" the follow-
ing: "or who submits in such a notification any information 
which he knows to be false or misleading". 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1633 
(B) Strike out "not more than $10,000 or imprisoned for 
not more than one year, or both" and insert in lieu thereof 
"in accordance with the appUcable provisions of title 18 of 
the United States Code or imprisoned for not more than 3 
years (or not more than 5 years in the case of a second or 
subsequent conviction), or both". 
(2) DESTRUCTION OF RECORDS.—Section 103(d)(2) of CERCLA is 
42 use 9603. 
* amended by striking out "not more than $20,000, or imprisoned 
for not more than one year or both." and inserting in lieu 
thereof "in accordance with the applicable provisions of title 18 
of the United States Code or imprisoned for not more than 3 
years (or not more than 5 years in the case of a second or 
subsequent conviction), or both.". 
(3) FALSE INFORMATION.—Section 112(b)(1) of CERCLA is 
42USC9612. 
amended by striking out "up to $5,000 or imprisoned for not 
more than one year, or both" and inserting in lieu thereof "in 
accordance with the applicable provisions of title 18 of the 
"
* 
United States Code or imprisoned for not more than 3 years (or 
not more than 5 years in the case of a second or subsequent 
conviction), or both". 
(b) SECTION 106 PENALTY.—Section 106(b) of CERCLA is amended 
42 use 9606. 
by striking out "$5,000" and inserting in lieu thereof "$25,000". 
(c) CIVIL PENALTIES AND AWARDS.—Section 109 of CERCLA is 
amended to read as follows: 
"SEC. 109. CIVIL PENALTIES AND AWARDS. 
President of U.S. 
"(a) CLASS I ADMINISTRATIVE PENALTY.— 
.
^ 
"(1) VIOLATIONS.—A civil penalty of not more than $25,000 per 
violation may be assessed by the President in the case of any of 
the following— 
"(A) A violation of the requirements of section 103 (a) or 
(b) (relating to notice). 
. .
^ 
"(B) A violation of the requirements of section 103(dX2) 
(relating to destruction of records, etc.). 
"(C) A violation of the requirements of section 108 (relat-
ing to financial responsibility, etc.), the regulations issued 
.j, ;r 
., .. 
under section 108, or with any denial or detention order 
".;•>. ', 
under section 108. 
f.. 
, 
"(D) A violation of an order under section 122(dX3) (relat-
V - 
ing to settlement agreements for action under section 
Vf , 
104(b)). 
"(E) Any failure or refusal referred to in section 122(1) 
,; .. 
(relating to violations of administrative orders, consent de-
crees, or agreements under section 120). 
"(2) NOTICE AND HEARINGS.—No civil penalty may be assessed 
1 
under this subsection unless the person accused of the violation 
is given notice and opportunity for a hearing with respect to the 
violation. 
"(3) DETERMINING AMOUNT.—In determining the amount of 
any penalty £issessed pursuant to this subsection, 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 violations, the 
'. 
degree of culpability, economic benefit or savings (if any) result-
ing from the violation, and such other matters as justice may 
require. 
100 STAT. 1634 
PUBLIC LAW 99-499—OCT. 17, 1986 
President of U.S. 
Records. 
-Jil''"' vj'" 
Ante, p. 1632. 
Ante, p. 1633. 
"(4) REVIEW.—Any person against whom a civil penalty is 
c 
assessed under this subsection may obtain review thereof in the 
• 
appropriate district court of the United States by filing a notice 
of appeal in such court within 30 days from the date of such 
order and by simultaneously sending a copy of such notice by 
certified mail to the President, The President shall promptly 
file in such court a certified copy of the record upon which such 
violation was found or such penalty imposed. If any person fails 
,; 
to pay an assessment of a civil penalty after it has become a 
5 final and unappealable order or after the appropriate court has 
entered final judgment in favor of the United States, the Presi-
j 
dent may request the Attorney General of the United States to 
institute a civil action in an appropriate district court of the 
-., 
United States to collect the penalty, and such court shall have 
jurisdiction to hear and decide any such action. In hearing such 
action, the court shall have authority to review the violation 
and the assessment of the civil penalty on the record. 
"(5) SUBPOENAS.—The President may issue subpoenas for the 
attendance and testimony of witnesses and the production of 
relevant papers, books, or documents in connection with hear-
ings 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 of the United States for any 
district in which such person is found, resides, or transacts 
business, upon application by the United States and after notice 
to such person, shall have jurisdiction to issue an order requir-
ing such person to appear and give testimony before the 
, ^ administrative law judge or to appear and produce documents 
before the administrative law judge, or both, and any failure to 
' 
obey such order of the court may be punished by such court as a 
contempt thereof. 
"(b) CLASS II ADMINISTRATIVE PENALTY.—A civil penalty of not 
more than $25,000 per day for each day during which the violation 
continues may be assessed by the President in the case of any of the 
following— 
"(1) A violation of the notice requirements of section 103 (a) or 
(b). 
"(2) A violation of section 103(d)(2) (relating to destruction of 
records, etc.). 
;V 
"(3) A violation of the requirements of section 108 (relating to 
ito financial responsibility, etc.), the regulations issued under sec-
tion 108, or with any denial or detention order under section 
108. 
"(4) A violation of an order under section 122(d)(3) (relating to 
settlement agreements for action under section 104(b)). 
* 
"(5) Any failure or refusal referred to in section 122(1) (relat-
ing to violations of administrative orders, consent decrees, or 
agreements under section 120). 
In the case of a second or subsequent violation the amount of such 
penalty may be not more than $75,000 for each day during which 
the violation continues. Any civil penalty under this subsection 
shall be assessed and collected in the same manner, and subject to 
the same provisions, as in the case of civil penalties assessed and 
collected after notice and opportunity for hearing on the record in 
accordance with section 554 of title 5 of the United States Code. In 
any proceeding for the assessment of a civil penalty under this 
subsection the President may issue subpoenas for the attendance 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1635 
and testimony of witnesses and the production of relevant papers, 
books, and documents and may promulgate rules for discovery 
procedures. Any person who requested a hearing with respect to a 
civil penalty under this subsection and who is aggrieved by an order 
assessing the civil penalty may file a petition for judicial review of 
such order with the United States Court of Appeals for the District 
of Columbia Circuit or for any other circuit in which such person 
resides or transacts business. Such a petition may only be filed 
within the 30-day period beginning on the date the order making 
such assessment was issued. 
"(c) JUDICIAL ASSESSMENT.—The President may bring an action in 
the United States district court for the appropriate district to assess 
and collect a penalty of not more than $25,000 per day for each day 
during which the violation (or failure or refusal) continues in the 
case of any of the following— 
"(1) A violation of the notice requirements of section 103 (a) or 
(b). 
"(2) A violation of section 103(d)(2) (relating to destruction of 
records, etc.). 
"(3) A violation of the requirements of section 108 (relating to 
financial responsibility, etc.), the regulations issued under sec-
tion 108, or with any denial or detention order under section 
108. 
"(4) A violation of an order under section 122(d)(3) (relating to 
settlement agreements for action under section 104(b)). 
"(5) Any failure or refusal referred to in section 122(1) (relat-
ing to violations of administrative orders, consent decrees, or 
agreements under section 120). 
In the case of a second or subsequent violation (or failure or refusal), 
the amount of such penalty may be not more than $75,000 for each 
day during which the violation (or failure or refusal) continues. For 
additional provisions providing for judicial assessment of civil pen-
alties for failure to comply with a request or order under section 
104(e) (relating to information gathering and access authorities), see 
section 104(e). 
"(d) AWARDS.—The President may pay an award of up to $10,000 
to any individual who provides information leading to the arrest and 
conviction of any person for a violation subject to a criminal penalty 
under this Act, including any violation of section 103 and any other 
violation referred to in this section. The President shall, by regula-
tion, prescribe criteria for such an award and may pay any award 
under this subsection from the Fund, as provided in section 111. 
"(e) 
PROCUREMENT PROCEDURES.—Notwithstanding any other 
provision of law, any executive agency may use competitive proce-
dures or procedures other than competitive procedures to procure 
the services of experts for use in preparing or prosecuting a civil or 
criminal action under this Act, whether or not the expert is ex-
pected to testify at trial. The executive agency need not provide any 
written justification for the use of procedures other than competi-
tive procedures when procuring such expert services under this Act 
and need not furnish for publication in the Commerce Business 
Daily or otherwise any notice of solicitation or synopsis with respect 
to such procurement. 
"(f) SAVINGS CLAUSE.—Action taken by the President pursuant to 
this section shall not affect or limit the President's authority to 
enforce any provisions of this Act.". 
District of 
Columbia. 
Ante, p. 1632. 
Ante, p. 1633. 
42 u s e 9603. 
Regulations. 
100 STAT. 1636 
PUBLIC LAW 99-499—OCT. 17, 1986 
SEC. no. HEALTH-RELATED AUTHORITIES. 
,, 
, c . 
42 use 9604. 
Section 104(i) of CERCLA is amended as follows: 
(1) Insert "(1)" after "(i)" and redesignate paragraphs (1), (2), 
(3), (4), and (5) as subparagraphs (A), (B), (C), (D), and (E). 
(2) In paragraph (1), strike "and" after "Health Administra-
tion," and insert after "Social Security Administration," the 
following: "the Secretary of Transportation, and appropriate 
State and local health officials,". 
(3) Insert after "chromosomal testing" in subparagraph (D) (as 
redesignated by paragraph (1) of this subsection) the following: 
"where appropriate". 
(4) Add the following new paragraphs at the end thereof: 
"(2)(A) Within 6 months after the enactment of the Superfund 
Amendments and Reauthorization Act of 1986, the Administrator of 
the Agency for Toxic Substances and Disease Registry (ATSDR) and 
the Administrator of the Environmental Protection Agency (EPA) 
shall prepare a list, in order of priority, of at least 100 hazardous 
substances which are most commonly found at facilities on the 
National Priorities List and which, in their sole discretion, they 
determine are posing the most significant potential threat to human 
health due to their known or suspected toxicity to humans and the 
potential for human exposure to such substances at facilities on the 
National Priorities List or at facilities to which a response to a 
release or a threatened release under this section is under 
consideration. 
"(B) Within 24 months after the enactment of the Superfund 
Amendments and Reauthorization Act of 1986, the Administrator of 
ATSDR and the Administrator of EPA shall revise the list prepared 
under subparagraph (A). Such revision shall include, in order of 
priority, the addition of 100 or more such hazardous substances. In 
each of the 3 consecutive 12-month periods that follow, the Adminis-
trator of ATSDR and the Administrator of EPA shall revise, in the 
same manner as provided in the 2 preceding sentences, such list to 
include not fewer than 25 additional hazardous substances per 
revision. The Administrator of ATSDR and the Administrator of 
EPA shall not less often than once every year thereafter revise such 
list to include additional hazardous substances in accordance with 
J •'/!'; 
the criteria in subparagraph (A). 
"(3) Based on all available information, including information 
maintained under paragraph (1)(B) and data developed and collected 
on the health effects of hazardous substances under this paragraph, 
the Administrator of ATSDR shall prepare toxicological profiles of 
each of the substances listed pursuant to paragraph (2). The toxi-
cological profiles shall be prepared in accordance with guidelines 
developed by the Administrator of ATSDR and the Administrator of 
EPA. Such profiles shall include, but not be limited to each of the 
following: 
"(A) An examination, summary, and interpretation of avail-
able toxicological information and epidemiologic evaluations on 
a hazardous substance in order to ascertain the levels of signifi-
cant human exposure for the substance and the associated 
acute, subacute, and chronic health effects. 
"(B) A determination of whether adequate information on the 
health effects of each substance is available or in the process of 
development to determine levels of exposure which present a 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1637 
significant risk to human health of acute, subacute, and chronic 
health effects. 
"(C) Where appropriate, an identification of toxicological test-
ing needed to identify the types or levels of exposure that may 
present significant risk of adverse health effects in humans. 
Any toxicological profile or revision thereof shall reflect the 
Administrator of ATSDR's assessment of all relevant toxicological 
testing which has been peer reviewed. The profiles required to be 
prepared under this paragraph for those hsizardous substances listed 
under subparagraph (A) of paragraph (2) shall be completed, at a 
rate of no fewer than 25 per year, within 4 years after the enact-
ment of the Superfund Amendments and Reauthorization Act of 
1986. A profile required on a substance listed pursuant to subpara-
graph (B) of paragraph (2) shall be completed within 3 years after 
addition to the list. The profiles prepared under this paragraph shall 
be of those substances highest on the list of priorities under para-
graph (2) for which profiles have not previously been prepared. 
Profiles required under this paragraph shall be revised and repub-
lished £is necessary, but no less often than once every 3 years. Such 
profiles shall be provided to the States and made available to other 
interested parties. 
"(4) The Administrator of the ATSDR shall provide consultations 
upon request on health issues relating to exposure to hazardous or 
toxic substances, on the basis of available information, to the 
Administrator of EPA, State officials, and local officials. Such con-
sultations to individuals may be provided by States under coopera-
tive agreements established under this Act. 
"(5)(A) For each hazardous substance listed pursuant to paragraph 
(2), the Administrator of ATSDR (in consultation with the Adminis-
trator of EPA and other agencies and programs of the Public Health 
Service) shall assess whether adequate information on the health 
effects of such substance is available. For any such substance for 
which adequate information is not available (or under development), 
the Administrator of ATSDR, in cooperation with the Director of the 
National Toxicology Program, shall assure the initiation of a pro-
gram of research designed to determine the health effects (and 
techniques for development of methods to determine such health 
effects) of such substance. Where feasible, such program shall seek 
to develop methods to determine the health effects of such substance 
in combination with other substances with which it is commonly 
found. Before assuring the initiation of such program, the Adminis-
trator of ATSDR shall consider recommendations of the Interagency 
Testing Committee established under section 4(e) of the Toxic Sub-
stances Control Act on the types of research that should be done. 
Such program shall include, to the extent necessary to supplement 
existing information, but shall not be limited to— 
"(i) laboratory and other studies to determine short, inter-
mediate, and long-term health effects; 
"(ii) laboratory and other studies to determine organ-specific, 
site-specific, and system-specific acute and chronic toxicity; 
"(iii) laboratory and other studies to determine the manner in 
which such substances are metabolized or to otherwise develop 
an understanding of the biokinetics of such substances; and 
"(iv) where there is a possibility of obtaining human data, the 
collection of such information. 
State and local 
governments. 
Research and 
development. 
15 use 2603. 
7 use 136 note. 
100 STAT. 1638 
PUBLIC LAW 99-499—OCT. 17, 1986 
"(B) In assessing the need to perform laboratory and other studies, 
as required by subparagraph (A), the Administrator of ATSDR shall 
consider— 
"(i) the availability and quality of existing test data concern-
ing the substance on the suspected health effect in question; 
"(ii) the extent to which testing already in progress will, in a 
timely fashion, provide data that will be adequate to support the 
preparation of toxicological profiles as required by paragraph 
(3); and 
"(iii) such other scientific and technical factors as the 
Administrator of ATSDR may determine are necessary for the 
effective implementation of this subsection. 
"(C) In the development and implementation of any research 
program under this paragraph, the Administrator of ATSDR and 
the Administrator of EPA shall coordinate such research program 
implemented under this paragraph with the National Toxicology 
Program and with programs of toxicological testing established 
15 use 2601 
under the Toxic Substances Control Act and the Federal Insecticide, 
"°TKJr. 1
0
C _„*„ 
Fungicide and Rodenticide Act. The purpose of such coordination 
shall be to avoid duplication of effort and to assure that the 
hazardous substances listed pursuant to this subsection are tested 
thoroughly at the earliest practicable date. Where appropriate, 
consistent with such purpose, a research program under this para-
graph may be carried out using such programs of toxicological 
testing. 
"(D) It is the sense of the Congress that the costs of research 
programs under this paragraph be borne by the manufacturers and 
processors of the hazardous substance in question, as required in 
programs of toxicological testing under the Toxic Substances Con-
Regulations, 
trol Act. Within 1 year after the enactment of the Superfund 
Amendments and Reauthorization Act of 1986, the Administrator of 
EPA shall promulgate regulations which provide, where appro-
priate, for payment of such costs by manufacturers and processors 
under the Toxic Substances Control Act, and registrants under the 
Federal Insecticide, Fungicide, and Rodenticide Act, and recovery of 
such costs from responsible parties under this Act. 
"(6)(A) The Administrator of ATSDR shall perform a health 
assessment for each facility on the National Priorities List estab-
lished under section 105. Such health assessment shall be completed 
not later than December 10, 1988, for each facility proposed for 
inclusion on such list prior to the date of the enactment of the 
Superfund Amendments and Reauthorization Act of 1986 or not 
later than one year after the date of proposal for inclusion on such 
list for each facility proposed for inclusion on such list after such 
date of enactment. 
"(B) The Administrator of ATSDR may perform health assess-
ments for releases or facilities where individual persons or licensed 
physicians provide information that individuals have been exposed 
to a hazardous substance, for which the probable source of such 
exposure is a release. In addition to other methods (formal or 
informal) of providing such information, such individual persons or 
licensed physicians may submit a petition to the Administrator of 
ATSDR providing such information and requesting a health assess-
ment. If such a petition is submitted and the Administrator of 
ATSDR does not initiate a health assessment, the Administrator of 
ATSDR shall provide a written explanation of why a health assess-
ment is not appropriate. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1639 
"(C) In determining the priority in which to conduct health assess-
ments under this subsection, the Administrator of ATSDR, in con-
sultation with the Administrator of EPA, shall give priority to those 
facilities at which there is documented evidence of the release of 
hazardous substances, at which the potential risk to human health 
appears highest, and for which in the judgment of the Administrator 
of ATSDR existing health assessment data are inadequate to assess 
the potential risk to human health as provided in subparagraph (F). 
In determining the priorities for conducting health assessments 
under this subsection, the Administrator of ATSDR shall consider 
the National Priorities List schedules and the needs of the Environ-
mental Protection Agency and other Federal agencies pursuant to 
schedules for remedial investigation and feasibility studies. 
"(D) Where a health assessment is done at a site on the National 
Priorities List, the Administrator of ATSDR shall complete such 
assessment promptly and, to the maximum extent practicable, 
before the completion of the remedial investigation and feasibility 
study at the facility concerned. 
"(E) Any State or political subdivision carrying out a health 
assessment for a facility shall report the results of the assessment to 
the Administrator of ATSDR and the Administrator of EPA and 
shall include recommendations with respect to further activities 
which need to be carried out under this section. The Administrator 
of ATSDR shall state such recommendation in any report on the 
results of any assessment carried out directly by the Administrator 
of ATSDR for such facility and shall issue periodic reports which 
include the results of all the assessments carried out under this 
subsection. 
"(F) For the purposes of this subsection and section lll(cX4), the 
term 'health assessments' shall include preliminary assessments of 
the potential risk to human health posed by individual sites and 
facilities, based on such factors as the nature and extent of contami-
nation, the existence of potential pathways of human exposure 
(including ground or surface water contamination, air emissions, 
and food chain contamination), the size and potential susceptibility 
of the community within the likely pathways of exposure, the 
comparison of expected human exposure levels to the short-term 
and long-term health effects associated with identified hazardous 
substances and any available recommended exposure or tolerance 
limits for such hazardous substances, and the comparison of existing 
morbidity and mortality data on diseases that may be associated 
with the observed levels of exposure. The Administrator of ATSDR 
shall use appropriate data, risk assessments, risk evaluations and 
studies available from the Administrator of EPA. 
"(G) The purpose of health assessments under this subsection 
shall be to assist in determining whether actions under paragraph 
(11) of this subsection should be taken to reduce human exposure to 
hazardous substances from a facility and whether additional 
information on human exposure and associated health risks is 
needed and should be acquired by conducting epidemiological 
studies under paragraph (7), establishing a registry under paragraph 
(8), establishing a health surveillance program under paragraph (9), 
or through other means. In using the results of health assessments 
for determining additional actions to be taken under this section, 
the Administrator of ATSDR may consider additional information 
on the risks to the potentially affected population from all sources of 
Reports. 
State and local 
governments. 
100 STAT. 1640 
PUBLIC LAW 99-499—OCT. 17, 1986 
such hazardous substances including known point or nonpoint 
sources other than those from the facility in question. 
"(H) At the completion of each health assessment, the Adminis-
trator of ATSDR shall provide the Administrator of EPA and each 
affected State with the results of such assessment, together with any 
recommendations for further actions under this subsection or other-
wise under this Act. In addition, if the health assessment indicates 
that the release or threatened release concerned may pose a serious 
threat to human health or the environment, the Administrator of 
ATSDR shall so notify the Administrator of EPA who shall 
promptly evaluate such release or threatened release in accordance 
with the hazard ranking system referred to in section 105(a)(8)(A) to 
determine whether the site shall be placed on the National Prior-
ities List or, if the site is already on the list, the Administrator of 
ATSDR may recommend to the Administrator of EPA that the site 
be accorded a higher priority. 
"(7)(A) Whenever in the judgment of the Administrator of ATSDR 
it is appropriate on the basis of the results of a health assessment, 
the Administrator of ATSDR shall conduct a pilot study of health 
' 
effects for selected groups of exposed individuals in order to deter-
mine the desirability of conducting full scale epidemiological or 
other health studies of the entire exposed population. 
"(B) Whenever in the judgment of the Administrator of ATSDR it 
is appropriate on the basis of the results of such pilot study or other 
study or health assessment, the Administrator of ATSDR shall 
conduct such full scale epidemiological or other health studies as 
may be necessary to determine the health effects on the population 
exposed to hazardous substances from a release or threatened re-
lease. If a significant excess of disease in a population is identified, 
the letter of transmittal of such study shall include an assessment of 
other risk factors, other than a release, that may, in the judgment of 
the peer review group, be associated with such disease, if such risk 
factors were not taken into account in the design c^r conduct of the 
study. 
"(8) In any case in which the results of a health assessment 
indicate a potential significant risk to human health, the Adminis-
trator of ATSDR shall consider whether the establishment of a 
registry of exposed persons would contribute to accomplishing the 
purposes of this subsection, taking into account circumstances bear-
ing on the usefulness of such a registry, including the seriousness or 
unique character of identified diseases or the likelihood of popu-
lation migration from the affected area. 
"(9) Where the Administrator of ATSDR has determined that 
there is a significant increased risk of adverse health effects in 
humans from exposure to hazardous substances based on the results 
of a health assessment conducted under paragraph (6), an epidemio-
logic study conducted under paragraph (7), or an exposure registry 
that has been established under paragraph (8), and the Adminis-
trator of ATSDR has determined that such exposure is the result of 
a release from a facility, the Administrator of ATSDR shall initiate 
a health surveillance program for such population. This program 
shall include but not be limited to— 
"(A) periodic medical testing where appropriate of population 
subgroups to screen for diseases for which the population or 
subgroup is at significant increased risk; and 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1641 
"(B) a mechanism to refer for treatment those individuals 
within such population who are screened positive for such 
diseases. 
"(10) Two years after the date of the enactment of the Superfund 
Amendments and Reauthorization Act of 1986, and every 2 years 
thereafter, the Administrator of ATSDR shall prepare and submit to 
the Administrator of EPA and to the Congress a report on the 
results of the activities of ATSDR regarding— 
"(A) health assessments and pilot health effects studies 
conducted; 
"(B) epidemiologic studies conducted; 
"(C) hazardous substances which have been listed under para-
graph (2), toxicological profiles which have been developed, and 
toxicologic testing which has been conducted or which is being 
conducted under this subsection; 
"(D) registries established under paragraph (8); and 
^r .,r "(E) an overall assessment, based on the results of activities 
conducted by the Administrator of ATSDR, of the linkage be-
tween human exposure to individual or combinations of hazard-
ous substances due to releases from facilities covered by this Act 
or the Solid Waste Disposal Act and any increased incidence or 
prevalence of adverse health effects in humans. 
"(11) If a health assessment or other study carried out under this 
subsection contains a finding that the exposure concerned presents a 
significant risk to human health, the President shall take such steps 
as may be necessary to reduce such exposure and eliminate or 
substantially mitigate the significant risk to human health. Such 
steps may include the use of any authority under this Act, including, 
but not limited to— 
"(A) provision of alternative water supplies, and 
"(B) permanent or temporary relocation of individuals. 
In any case in which information is insufficient, in the judgment of 
the Administrator of ATSDR or the President to determine a signifi-
cant human exposure level with respect to a hazardous substance, 
the President may take such steps as may be necessary to reduce the 
exposure of any person to such hazardous substance to such level as 
the President deems necessary to protect human health. 
"(12) In any case which is the subject of a petition, a health 
assessment or study, or a research program under this subsection, 
nothing in this subsection shall be construed to delay or otherwise 
affect or impair the authority of the President, the Administrator of 
ATSDR, or the Administrator of EPA to exercise any authority 
vested in the President, the Administrator of ATSDR or the 
Administrator of EPA under any other provision of law (including, 
but not limited to, the imminent hazard authority of section 7003 of 
the Solid Waste Disposal Act) or the response and abatement 
authorities of this Act. 
"(13) All studies and results of research conducted under this 
subsection (other than health assessments) shall be reported or 
adopted only after appropriate peer review. Such peer review shall 
be completed, to the maximum extent practicable, within a period of 
60 days. In the case of research conducted under the National 
Toxicology Program, such peer review may be conducted by the 
Board of Scientific Counselors. In the case of other research, such 
peer review shall be conducted by panels consisting of no less than 
three nor more thsui seven members, who shall be disinterested 
scientific experts selected for such purpose by the Administrator of 
Reports. 
42 use 6901 
note. 
President of U.S. 
42 use 6973. 
Reports. 
Research and 
development. 
100 STAT. 1642 
PUBLIC LAW 99-499—OCT. 17, 1986 
42 u s e 6939a. 
President of U.S. 
Employment 
and 
unemployment. 
42 u s e 9611. 
Appropriation 
authorization. 
99 Stat. 916. 
ATSDR or the Administrator of EPA, as appropriate, on the basis of 
their reputation for scientific objectivity and the lack of institu-
tional ties with any person involved in the conduct of the study or 
research under review. Support services for such panels shall be 
provided by the Agency for Toxic Substances and Disease Registry, 
or by the Environmental Protection Agency, as appropriate. 
"(14) In the implementation of this subsection and other health-
related authorities of this Act, the Administrator of ATSDR shall 
assemble, develop as necessary, and distribute to the States, and 
upon request to medical colleges, physicians, and other health 
professionals, appropriate educational materials (including short 
courses) on the medical surveillance, screening, and methods of 
diagnosis and treatment of injury or disease related to exposure to 
hazardous substances (giving priority to those listed in paragraph 
(2)), through such means as the Administrator of ATSDR deems 
appropriate. 
"(15) The activities of the Administrator of ATSDR described in 
this subsection and section 111(c)(4) shall be carried out by the 
Administrator of ATSDR, either directly or through cooperative 
agreements with States (or political subdivisions thereof) which the 
Administrator of ATSDR determines are capable of carrying out 
such activities. Such activities shall include provision of consulta-
tions on health information, the conduct of health assessments, 
including those required under section 3019(b) of the Solid Waste 
Disposal Act, health studies, registries, and health surveillance. 
"(16) The President shall provide adequate personnel for ATSDR, 
which shall not be fewer than 100 employees. For purposes of 
determining the number of employees under this subsection, an 
employee employed by ATSDR on a part-time career employment 
basis shall be counted as a fraction which is determined by dividing 
40 hours into the average number of hours of such employee's 
regularly scheduled workweek. 
"(17) In accordance with section 120 (relating to Federal facilities), 
the Administrator of ATSDR shall have the same authorities under 
this section with respect to facilities owned or operated by a depart-
ment, agency, or instrumentality of the United States as the 
Administrator of ATSDR has with respect to any nongovernmental 
entity. 
"(18) If the Administrator of ATSDR determines that it is appro-
priate for purposes of this section to treat a pollutant or contami-
nant as a hazardous substance, such pollutant or contaminant shall 
be treated as a hazardous substance for such purpose.". 
SEC. 111. USES OF FUND. 
(a) AMOUNT OF FUND.—Section H I of CERCLA is amended by 
inserting after "(a)" the following: "IN GENERAL.—For the purposes 
specified in this section there is authorized to be appropriated from 
the Hazardous Substance Superfund established under subchapter 
A of chapter 98 of the Internal Revenue Code of 1986 not more than 
$8,500,000,000 for the 5-year period beginning on the date of enact-
ment of the Superfund Amendments and Reauthorization Act of 
1986, and such sums shall remain available until expended. The 
preceding sentence constitutes a specific authorization for the funds 
appropriated under title II of Public Law 99-160 (relating to pay-
ment to the Hazardous Substances Trust Fund).". 
(b) USES OF FUNDS UNDER SECTION 111(a).—Section 111(a) of 
CERCLA is amended by striking out "; and" at the end of paragraph 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1643 
(3) and inserting a period, by striking out the semicolons at the end 
of paragraphs (1) and (2) and inserting in lieu thereof a period, by 
capitalizing the first letter in paragraphs (1) through (4), and by 
'•' 
? '» 
adding at the end thereof the following: 
"(5) GRANTS FOR TECHNICAL ASSISTANCE.—The cost of grants 
under section 117(e) (relating to public participation grants for 
technical assistance). 
"(6) LEAD CONTAMINATED SOIL.—Payment of not to exceed 
$15,000,000 for the costs of a pilot program for removal, decon-
tamination, or other action with respect to lead-contaminated 
soil in one to three different metropolitan areas.". 
(c) NATURAL RESOURCE DAMAGE CLAIMS.— 
42 use 9611. 
(1) LIMITATION.—Section 111(b) of CERCLA is amended by 
inserting "(1) IN GENERAL.—" after "(b)" and by adding at the 
end thereof the following new paragraph: 
"(2) LIMITATION ON PAYMENT OF NATURAL RESOURCE CLAIMS.— President of U.S. 
"(A) GENERAL REQUIREMENTS.—No natural resource claim 
may be paid from the Fund unless the President determines 
that the claimant has exhausted all administrative and 
judicial remedies to recover the amount of such claim from 
persons who may be liable under section 107. 
42 USC 9607. 
"(B) DEFINITION.—As used in this paragraph, the term 
'natural resource claim' means any claim for injury to, or 
destruction or loss of, natural resources. The term does not 
include any claim for the costs of natural resource damage 
assessment.". 
(2) CONFORMING AMENDMENT.—Section 111(h) of CERCLA is 
repealed. 
(d) SUBSECTION (C) AMENDMENTS.— 
(1) 
SECTION 
IIKCM).—Section 
111(c)(4) of CERCLA is 
amended by striking out "the costs of epidemiologic studies" 
and inserting "Any costs incurred in accordance with subsec-
tion (m) of this section (relating to ATSDR) and section 104(i), Ante, p. 1636. 
including the costs of epidemiologic and laboratory studies, 
health assessments, preparation of toxicologic profiles". 
(2) NEW PARAGRAPHS IN SECTION iii(c).—Section 111(c) of 
CERCLA is amended by striking out "; and" at the end of 
paragraph (5) and inserting a period, by striking out the semi-
colons at the end of paragraphs (1) through (4) and inserting in 
lieu thereof a period, by capitalizing the first letter in para-
graphs (1), (2), (3), (5), and (6), and by adding at the end thereof 
the following: 
"(7) EVALUATION COSTS UNDER PETITION PROVISIONS OF SECTION 
105(d).—Costs incurred by the President in evaluating facilities 
pursuant to petitions under section 105(d) (relating to petitions 
for assessment of release). 
"(8) CONTRACT COSTS UNDER SECTION I04(a)(i).—The costs of 
>' 
' * -
contracts or arrangements entered into under section 104(a)(1) 
to oversee and review the conduct of remedial investigations 
and feasibility studies undertaken by persons other than the 
President and' the costs of appropriate Federal and State over-
sight of remedial activities at National Priorities List sites 
resulting from consent orders or settlement agreements. 
"(9) ACQUISITION COSTS UNDER SECTION i04(j).—The costs 
incurred by the President in acquiring real estate or interests 
in real estate under section 104(j) (relating to acquisition of 
0"; 
,i* \ 
property). 
100 STAT. 1644 
PUBLIC LAW 99-499—OCT. 17, 1986 
"(10) 
RESEARCH, DEVELOPMENT, AND DEMONSTRATION COSTS 
UNDER SECTION 311.—The cost of Carrying out section 311 (relat-
Post, p. 1708. 
ing to research, development, and demonstration), except that 
the amounts available for such purposes shall not exceed the 
amounts specified in subsection (n) of this section. 
"(11) LOCAL GOVERNMENT REIMBURSEMENT.—Reimbursements 
to local governments under section 123, except that during the 
5-fiscal-year period beginning October 1, 1986, not more than 0.1 
percent of the total amount appropriated from the Fund may be 
used for such reimbursements. 
"(12) WORKER TRAINING AND EDUCATION GRANTS.—The costs of 
iat?Q-i I 4k 
grants under section 126(g) of the Superfund Amendments and 
Reauthorization Act of 1986 for training and education of work-
ers to the extent that such costs do not exceed $10,000,000 for 
each of the fiscal years 1987, 1988, 1989,1990, and 1991. 
i^' » . . 
'-': 
"(13) AWARDS UNDER SECTION I09.—The costs of any awards 
granted under section 109(d). 
"(14) LEAD POISONING STUDY.—The cost of carrying out the 
study under subsection (f) of section 118 of the Superfund 
Amendments and Reauthorization Act of 1986 (relating to lead 
poisoning in children).". 
42 use 9611. 
(e) LIMITATION ON CERTAIN CLAIMS.—Section 111(e)(2) of CERCLA 
is amended by adding at the end the following: "No money in the 
Fund may be used for the payment of any claim under subsection 
(a)(3) or subsection (b) of this section in any fiscal year for which the 
President determines that all of the Fund is needed for response to 
threats to public health from releases or threatened releases of 
hazardous substances.". 
(f) FUND USE OUTSIDE FEDERAL PROPERTY BOUNDARIES.—Section 
111(e)(3) of CERCLA is amended by inserting the following before 
the period: "; except that money in the Fund shall be available for 
the provision of alternative water supplies (including the reimburse-
> • • 
.<> . 
ment of costs incurred by a municipality) in any case involving 
groundwater contamination outside the boundaries of a federally 
owned facility in which the federally owned facility is not the only 
potentially responsible party". 
(g) INSPECTOR GENERAL.—Section lll(k) of CERCLA is amended to 
read as follows: 
"(k) INSPECTOR GENERAL.—In each fiscal year, the Inspector Gen-
eral of each department, agency, or instrumentality of the United 
States which is carrying out any authority of this Act shall conduct 
an annual audit of all payments, obligations, reimbursements, or 
other uses of the Fund in the prior fiscal year, to assure that the 
Fund is being properly administered and that claims are being 
appropriately and expeditiously considered. The audit shall include 
an examination of a sample of agreements with States (in accord-
31 use 7501 
ance with the provisions of the Single Audit Act) carrying out 
note- 
response actions under this title and an examination of remedial 
investigations and feasibility studies prepared for remedial actions. 
Reports. 
The Inspector General shall submit to the Congress an annual 
report regarding the audit report required under this subsection. 
The report shall contain such recommendations as the Inspector 
General 
deems 
appropriate. 
Each 
department, 
agency, 
or 
instrumentality of the United States shall cooperate with its inspec-
tor general in carrying out this subsection.". 
Post, p. 1706. 
(h) NEW SUBSECTIONS.—Section 111 of CERCLA is amended by 
adding after subsection (1) the following new subsections: 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1645 
Ante, pp. 1643, 
1636. 
.;\. 
: v v i i 
;s. 
"(m) AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.— 
There shall be directly available to the Agency for Toxic Substances 
and Disease Registry to be used for the purpose of carrying out 
activities described in subsection (c)(4) and section 104(i) not less 
than $50,000,000 per fiscal year for each of fiscal years 1987 and 
1988, not less than $55,000,000 for fiscal year 1989, and not less than 
$60,000,000 per fiscal year for each of fiscal years 1990 and 1991. 
Any funds so made available which are not obligated by the end of 
the fiscal year in which made available shall be returned to the 
Fund. 
"(n) LIMITATIONS ON RESEARCH, DEVELOPMENT, AND DEMONSTRA-
TION PROGRAM.— 
"(1) SECTION 3ii(b).—For each of the fiscal years 1987, 1988, 
1989, 1990, and 1991, not more than $20,000,000 of the amounts 
available in the Fund may be used for the purposes of carrying 
out the applied research, development, and demonstration pro-
gram for alternative or innovative technologies and training 
program authorized under section 311(b) (relating to research, 
development, and demonstration) other than basic research. Post, p. 1708. 
Such amounts shall remain available until expended. 
"(2) SECTION 3ii(a).—From the amounts available in the 
Fund, not more than the following amounts may be used for the 
purposes of section 311(a) (relating to hazardous substance 
research, demonstration, and training activities): 
"(A) For the fiscal year 1987, $3,000,000. 
"(B) For the fiscal year 1988, $10,000,000. 
"(C) For the fiscal year 1989, $20,000,000. 
"(D) For the fiscal year 1990, $30,000,000. 
i- 
"(E) For the fiscal year 1991, $35,000,000. 
No more than 10 percent of such amounts shall be used for 
training under section 311(a) in any fiscal year. 
"(3) SECTION 311(d).—For each of the fiscal years 1987, 1988, 
1989, 1990, and 1991, not more than $5,000,000 of the amounts 
available in the Fund may be used for the purposes of section 
311(d) (relating to university hazardous substance research 
centers), 
"(o) NOTIFICATION PROCEDURES FOR LIMITATIONS ON CERTAIN PAY-
MENTS.—Not later than 90 days after the enactment of this subsec-
tion, the President shall develop and implement procedures to 
adequately notify, as soon as practicable after a site is included on 
the National Priorities List, concerned local and State officials and 
other concerned persons of the limitations, set forth in subsection 
(a)(2) of this section, on the payment of claims for necessary response 
costs incurred with respect to such site.". 
(i) AUTHORIZATION OF APPROPRIATIONS.—Section 111 of CERCLA is 
amended by adding the following subsection after subsection (o): 
"(p) GENERAL REVENUE SHARE OF SUPERFUND.— 
"(1) IN GENERAL.—The following sums are authorized to be 
appropriated, out of any money in the Treasury not otherwise 
appropriated, to the Hazardous Substance Superfund: 
"(A) For fiscal year 1987, $212,500,000. 
"(B) For fiscal year 1988, $212,500,000. 
'' 
"(C) For fiscal year 1989, $212,500,000. 
"(D) For fiscal year 1990, $212,500,000. 
"(E) For fiscal year 1991, $212,500,000. 
In addition there is authorized to be appropriated to the 
Hazardous Substance Superfund for each fiscal year an amount 
IT Si-
President of U.S. 
State and local 
governments. 
Claims. 
Post, p. 1706. 
100 STAT. 1646 
PUBLIC LAW 99-499—OCT. 17, 1986 
~ equal to so much of the aggregate amount authorized to be 
appropriated under this subsection (and paragraph (2) of section 
221(b) of the Hazardous Substance Response Revenue Act of 
42 use 9631. 
1980) as has not been appropriated before the beginning of the 
fiscal year involved. 
"(2) COMPUTATION.—The amounts authorized to be appro-
priated under paragraph (1) of this subsection in a given fiscal 
year shall be available only to the extent that such amount 
exceeds the amount determined by the Secretary under section 
26 use 9507. 
9507(b)(2) of the Internal Revenue Code of 1986 for the prior 
fiscal year.". 
42 use 9612. 
SEC. 112. CLAIMS PROCEDURE. 
(a) CLAIMS AGAINST THE FUND FOR RESPONSE COSTS.—Section 
112(a) of CERCLA is amended to read as follows: 
"(a) CLAIMS AGAINST THE FUND FOR RESPONSE COSTS.—No claim 
may be asserted against the Fund pursuant to section 111(a) unless 
such claim is presented in the first instance to the owner, operator, 
?
^
'
- 
i - V or guarantor of the vessel or facility from which a hazardous 
substance has been released, if known to the claimant, and to any 
other person known to the claimant who may be liable under section 
42 use 9607. 
107. In any case where the claim has not been satisfied within 60 
days of presentation in accordance with this subsection, the claim-
ant may present the claim to the Fund for payment. No claim 
against the Fund may be approved or certified during the pendency 
of an action by the claimant in court to recover costs which are the 
subject of the claim.". 
(b) PROCEDURES.—Section 112(b) is amended by striking "(b)(1)" 
and inserting "(b)(1) PRESCRIBING FORMS AND PROCEDURES.—" and 
by striking paragraphs (2), (3), and (4) and inserting the following: 
President of U.S. 
"(2) PAYMENT O
R REQUEST F
O
R HEARING.—The President may, if 
satisfied that the information developed during the processing of the 
claim warrants it, make and pay an award of the claim, except that 
no claim may be awarded to the extent that a judicial judgment has 
been made on the costs that are the subject of the claim. If the 
President declines to pay all or part of the claim, the claimant may, 
within 30 days after receiving notice of the President's decision, 
request an administrative hearing. 
3 ; 
"(3) BURDEN OF PROOF.—In any proceeding under this subsection, 
the claimant shall bear the burden of proving his claim. 
"(4) DECISIONS.—All administrative decisions made hereunder 
shall be in writing, with notification to all appropriate parties, and 
shall be rendered within 90 days of submission of a claim to an 
administrative law judge, unless all the parties to the claim agree in 
3011 : }£."? 
writing to an extension or unless the President, in his discretion, 
extends the time limit for a period not to exceed sixty days. 
"(5) FINALITY AND APPEAL.—All administrative decisions here-
under shall be final, and any party to the proceeding may appeal a 
decision within 30 days of notification of the award or decision. Any 
such appeal shall be made to the Federal district court for the 
district where the release or threat of release took place. In any such 
appeal, the decision shall be considered binding and conclusive, and 
shall not be overturned except for arbitrary or capricious abuse of 
discretion. 
President of U.S. 
"(6) PAYMENT.—Within 20 days after the expiration of the appeal 
period for any administrative decision concerning an award, or 
within 20 days after the final judicial determination of any appeal 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1647 
taken pursuant to this subsection, the President shall pay any such 
award from the Fund. The President shall determine the method, 
terms, and time of payment.". 
(c) STATUTE OF LIMITATIONS.—Section 112(d) of CERCLA is 42USC9612. 
amended to read as follows: 
"(d) STATUTE OF LIMITATIONS.— 
"(1) CLAIMS FOR RECOVERY OF COSTS.—No claim may be pre-
sented under this section for recovery of the costs referred to in 
section 107(a) after the date 6 years after the date of completion 
of all response action. 
"(2) CLAIMS FOR RECOVERY OF DAMAGES.—NO claim may be 
presented under this section for recovery of the damages re-
ferred to in section 107(a) unless the claim is presented within 3 
years after the later of the following: 
"(A) The date of the discovery of the loss and its connec-
tion with the release in question. 
"(B) The date on which final regulations are promulgated 
-v>" 
under section 301(c). 
42 USC 9651. 
"(3) MINORS AND INCOMPETENTS.—The time limitations con-
tained herein shall not begin to run— 
"(A) against a minor until the earlier of the date when 
such minor reaches 18 years of age or the date on which a 
legal representative is duly appointed for the minor, or 
"(B) against an incompetent person until the earlier of 
the date on which such person's incompetency ends or the 
p' 
date on which a legal representative is duly appointed for 
such incompetent person.". 
(d) DOUBLE RECOVERY PROHIBITED.—Section 112 of CERCLA is 
'«• 
' 
amended by adding the following new subsection at the end thereof: 
"(f) DOUBLE RECOVERY PROHIBITED.—Where the President has paid 
out of the Fund for any response costs or any costs specified under 
section 111(c) (1) or (2), no other claim may be paid out of the Fund 
for the same costs.". 
SEC. 113. LITIGATION, JURISDICTION, AND VENUE. 
42 USC 9613. 
(a) NATIONWIDE SERVICE OF PROCESS.—Section 113 of CERCLA is 
amended by adding the following new subsection at the end thereof: 
"(e) NATIONWIDE SERVICE OF PROCESS.—In any action by the 
United States under this Act, process may be served in any district 
where the defendant is found, resides, transacts business, or has 
appointed an agent for the service of process.". 
(b) 
CONTRIBUTION; STATUTE OF LIMITATIONS.—Section 
113 
of 
Claims. 
CERCLA is amended by adding the following new subsections after 
subsection (e): 
"(f) CONTRIBUTION.— 
"(1) CONTRIBUTION.—Any person may seek contribution from 
any other person who is liable or potentially liable under 
section 107(a), during or following any civil action under section 
i 
106 or under section 107(a). Such claims shall be brought in 
n 
accordance with this section and the Federal Rules of Civil 
- 
Procedure, and shall be governed by Federal law. In resolving 
contribution claims, the court may allocate response costs 
among liable parties using such equitable factors as the court 
determines are appropriate. Nothing in this subsection shall 
"
*
o diminish the right of any person to bring an action for contri-
i 
bution in the absence of a civil action under section 106 or 
section 107. 
100 STAT. 1648 
PUBLIC LAW 99-499—OCT. 17, 1986 
"(2) SETTLEMENT.—A person who has resolved its HabiUty to 
the United States or a State in an administrative or judicially 
approved settlement shall not be liable for claims for contribu-
S; i. 
J s
i
> 
tion regarding matters addressed in the settlement. Such settle-
ment does not discharge any of the other potentially liable 
persons unless its terms so provide, but it reduces the potential 
liability of the others by the amount of the settlement. 
State and local 
"(3) PERSONS NOT PARTY TO SETTLEMENT.—(A) If the United 
governments. 
States or a State has obtained less than complete relief from a 
person who has resolved its liability to the United States or the 
State in an administrative or judicially approved settlement, 
the United States or the State may bring an action against any 
person who has not so resolved its liability. 
"(B) A person who has resolved its liability to the United 
States or a State for some or all of a response action or for some 
or all of the costs of such action in an administrative or 
judicially approved settlement may seek contribution from any 
person who is not party to a settlement referred to in para-
graph (2). 
"(C) In any action under this paragraph, the rights of any 
fi-i person who has resolved its liability to the United States or a 
s State shall be subordinate to the rights of the United States or 
the State. Any contribution action brought under this para-
graph shall be governed by Federal law. 
"(g) PERIOD IN WHICH ACTION MAY BE BROUGHT.— 
"(1) ACTIONS FOR NATURAL RESOURCE DAMAGES.—Except as 
provided in paragraphs (3) and (4), no action may be commenced 
42 use 9601. 
.; 
for damages (as defined in section 101(6)) under this Act, unless 
that action is commenced within 3 years after the later of the 
! 
following: 
-
f 
"(A) The date of the discovery of the loss and its connec-
r 
tion with the release in question. 
"(B) The date on which regulations are promulgated 
42 use 9651. 
under section 301(c). 
Maritime 
With respect to any facility listed on the National Priorities List 
affairs. 
(NPL), any Federal facility identified under section 120 (relating 
' 
to Federal facilities), or any vessel or facility at which a re-
medial action under this Act is otherwise scheduled, an action 
for damages under this Act must be commenced within 3 years 
>;s after the completion of the remedial action (excluding operation 
and maintenance activities) in lieu of the dates referred to in 
r
f
> '/n 
!c 
subparagraph (A) or (B). In no event may an action for damages 
ts: under this Act with respect to such a vessel or facility be 
commenced (i) prior to 60 days after the Federal or State 
natural resource trustee provides to the President and the 
M
< potentially responsible party a notice of intent to file suit, or (ii) 
3 
before selection of the remedial action if the President is dili-
fio gently proceeding with a remedial investigation and feasibility 
ni 
study under section 104(b) or section 120 (relating to Federal 
' 
facilities). The limitation in the preceding sentence on 
'j 
commencing an action before giving notice or before selection of 
&
t 
the remedial action does not apply to actions filed on or before 
1 
the enactment of the Superfund Amendments and Reauthoriza-
n^ 
tion Act of 1986. 
1 • 
"(2) ACTIONS FOR RECOVERY OF COSTS.—An initial action for 
recovery of the costs referred to in section 107 must be com-
menced— 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1649 
"(A) for a removal action, within 3 years after completion 
* 
of the removal action, except that such cost recovery action 
must be brought within 6 years after a determination to 
grant a waiver under section 104(c)(1)(C) for continued re-
sponse action; and 
"(B) for a remedial action, within 6 years after initiation 
of physical on-site construction of the remedial action, 
except that, if the remedial action is initiated within 3 
years after the completion of the removal action, costs 
a- 
incurred in the removal action may be recovered in the cost 
recovery action brought under this subparagraph. 
In any such action described in this subsection, the court shall 
Courts, U.S. 
enter a declaratory judgment on liability for response costs or 
damages that will be binding on any subsequent action or 
actions to recover further response costs or damages. A subse-
quent action or actions under section 107 for further response 
costs at the vessel or facility may be maintained at any time 
during the response action, but must be commenced no later 
than 3 years after the date of completion of all response action. 
Except as otherwise provided in this paragraph, an action may 
be commenced under section 107 for recovery of costs at any 
time after such costs have been incurred. 
"(3) CONTRIBUTION.—No action for contribution for any re-
sponse costs or damages may be commenced more than 3 years 
after— 
.,.^-,,. ..,^:..^v.._ 
"(A) the date of judgment in any action under this Act for 
'^* 
"^u;; 
recovery of such costs or damages, or 
"(B) the date of an administrative order under section 
122(g) (relating to de minimis settlements) or 122(h) (relat-
ing to cost recovery settlements) or entry of a judicially 
' 
approved settlement with respect to such costs or damages. 
"(4) SUBROGATION,—No action based on rights subrogated 
pursuant to this section by reason of payment of a claim may be 
commenced under this title more than 3 years after the date of 
payment of such claim. 
"(5) ACTIONS TO RECOVER INDEMNIFICATION PAYMENTS.—Not-
withstanding any other provision of this subsection, where a 
payment pursuant to an indemnification agi'eement with a 
response action contractor is made under section 119, an action 
under section 107 for recovery of such indemnification payment 
from a potentially responsible party may be brought at any time 
before the expiration of 3 years from the date on which such 
payment is made. 
"(6) MINORS AND INCOMPETENTS.—The time limitations con-
tained herein shall not begin to run— 
"(A) against a minor until the earlier of the date when 
such minor reaches 18 years of age or the date on which a 
legal representative is duly appointed for such minor, or 
J J 
"(B) against an incompetent person until the earlier of 
the date on which such incompetent's incompetency ends or 
the date on which a legal representative is duly appointed 
for such incompetent.", 
(c) PRE-ENFORCEMENT REVIEW.— 
42 use 9613. 
(1) CONFORMING AMENDMENT,—Section 113(b) of CERCLA is 
amended by striking out "subsection" and inserting in lieu 
thereof "subsections and inserting "and (h)" after "(a) . 
r 
-j' i 
100 STAT. 1650 
PUBLIC LAW 99-499—OCT. 17, 1986 
42 use 9613. 
(2) TIMING OF REVIEW; ADMINISTRATIVE RECORD.—Section 113 
of CERCLA is amended by adding at the end thereof the 
following new subsections: 
"(h) TIMING OF REVIEW.—No Federal court shall have jurisdiction 
under Federal law other than under section 1332 of title 28 of the 
United States Code (relating to diversity of citizenship jurisdiction) 
or under State law which is applicable or relevant and appropriate 
under section 121 (relating to cleanup standards) to review any 
challenges to removal or remedial action selected under section 104, 
or to review any order issued under section 106(a), in any action 
except one of the following: 
-.,;.,, 
"(1) An action under section 107 to recover response costs or 
damages or for contribution. 
"(2) An action to enforce an order issued under section 106(a) 
or to recover a penalty for violation of such order. 
"(3) An action for reimbursement under section 106(bX2). 
"(4) An action under section 310 (relating to citizens suits) 
alleging that the removal or remedial action taken under sec-
tion 104 or secured under section 106 was in violation of any 
requirement of this Act. Such an action may not be brought 
with regard to a removal where a remedial action is to be 
undertaken at the site. 
"(5) An action under section 106 in which the United States 
has moved to compel a remedial action. 
"(i) INTERVENTION.—In any action commenced under this Act or 
42 use 9201 
under the Solid Waste Disposal Act in a court of the United States, 
note. 
any person may intervene as a matter of right when such person 
claims an interest relating to the subject of the action and is so 
situated that the disposition of the action may, as a practical matter, 
impair or impede the person's ability to protect that interest, unless 
the President or the State shows that the person's interest is 
adequately represented by existing parties, 
"(j) JUDICIAL REVIEW.— 
"(1) LIMITATION.—In any judicial action under this Act, ju-
dicial review of any issues concerning the adequacy of any 
response action taken or ordered by the President sh£dl 
be limited to the administrative record. Otherwise applicable 
principles of administrative law shall govern whether any 
supplemental materials may be considered by the court. 
(2) STANDARD.—In considering objections raised in any 
judicial action under this Act, the court shall uphold the 
President's decision in selecting the response action unless the 
objecting party can demonstrate, on the administrative record, 
that the decision was arbitrary and capricious or otherwise not 
• ' in accordance with law. 
"(3) REMEDY.—If the court finds that the selection of the 
iv* response action was arbitrary and capricious or otherwise not in 
* 
accordance with law, the court shall award (A) only the re-
sponse costs or damages that are not inconsistent with the 
^ ' 
national contingency plan, and (B) such other relief as is consist-
"' 
ent with the National Contingency Plan. 
; 
"(4) PROCEDURAL ERRORS.—In reviewing alleged procedural 
errors, the court may disallow costs or damages only if the 
; rQeiIS. 
errors were so serious and related to matters of such central 
relevance to the action that the action would have been signifi-
cantly changed had such errors not been made. 
President of U.S. 
"(k) ADMINISTRATIVE RECORD AND PARTICIPATION PROCEDURES.— 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1651 
"(1) ADMINISTRATIVE RECORD.—The President shall establish Public 
an administrative record upon which the President shall base 
information. 
the selection of a response action. The administrative record 
shall be available to the public at or near the facility at issue. 
The President also may place duplicates of the administrative 
record at any other location. 
"* 
"(2) PARTICIPATION PROCEDURES.— 
"(A) REMOVAL ACTION.—The President shall promulgate 
Regulations. 
regulations in accordance with chapter 5 of title 5 of the 
United States Code establishing procedures for the appro- 5 USC 500 et seq. 
priate participation of interested persons in the develop-
ment of the administrative record on which the President 
will base the selection of removal actions and on which 
judicial review of removal actions will be based. 
. 
"(B) REMEDIAL ACTION.—The President shall provide for 
the participation of interested persons, including poten-
tially responsible parties, in the development of the 
administrative record on which the President will base the 
f
>
* : 
selection of remedial actions and on which judicial review 
* 
of remedial actions will be based. The procedures developed 
under this subparagraph shall include, at a minimum, each 
of the following: 
"(i) Notice to potentially affected persons and the 
public, which shaJl be accompanied by a brief analysis 
of the plan and alternative plans that were considered. 
•
* 
"(ii) A reasonable opportunity to comment and pro-
vide information regarding the plan. 
"(iii) An opportunity for a public meeting in the 
Eiffected 
area, 
in 
accordance 
with 
section 
117(aX2) (relating to public participation). 
"(iv) A response to each of the significant comments, 
criticisms, and new data submitted in written or oral 
/ .Bi 
presentations. 
"(v) A statement of the basis and purpose of the 
selected action. 
For purposes of this subparagraph, the administrative 
record shall include all items developed and received under 
this subparagraph and all items described in the second 
i 
sentence of section 117(d). The President shall promulgate Regulations. 
regulations in accordance with chapter 5 of title 5 of the 
United States (Dode to carry out the requirements of this 5 USC 500 et seq. 
subparagraph. 
"(C) INTERIM RECORD.—Until such regulations under sub-
paragraphs (A) and (B) are promulgated, the administrative 
record shall consist of all items developed and received 
pursuant to current procedures for selection of the response 
action, including procedures for the participation of in-
terested parties and the public. The development of an 
administrative record and the selection of response action 
under this Act shall not include an adjudicatory hearing. 
"(D) POTENTIALLY RESPONSIBLE PARTIES.—The President 
;j 
shall make reasonable efforts to identify and notify poten-
tially responsible parties as early as possible before selec-
tion of a response action. Nothing in this paragraph shall 
be construed to be a defense to liability. 
"(1) NOTICE OF ACTIONS.—Whenever any action is brought under 
this Act in a court of the United States by a plaintiff other than the 
71-19A 0 -
19 : QL. 3 Part2 
100 STAT. 1652 
PUBLIC LAW 99-499—OCT. 17, 1986 
United States, the plaintiff shall provide a copy of the complaint to 
''*" '' 
the Attorney General of the United States and to the Administrator 
of the Environmental Protection Agency.". 
SEC. 114. RELATIONSHIP TO OTHER LAW. 
' \ •'''''.'•''\.-l,'-:"'" 
-
42 use 9614. 
(a) USED OIL.—Section 114(c) of CERCLA is amended to read as 
follows: 
'• >it f
j 
"(c) RECYCLED OIL.— 
"(1) SERVICE STATION DEALERS, ETC.—NO person (including the 
we' 
r. ;; 
1 
United States or any State) may recover, under the authority of 
subsection (a)(3) or (a)(4) of section 107, from a service station 
dealer for any response costs or damages resulting from a 
release or threatened release of recycled oil, or use the author-
ity of section 106 against a service station dealer other than a 
person described in subsection (a)(1) or (a)(2) of section 107, if 
such recycled oil— 
"
^ 
"(A) is not mixed with any other hazardous substance, 
and 
• 
"(B) is stored, treated, transported, or otherwise managed 
in compliance with regulations or standards promulgated 
42 use 6935. 
" 
pursuant to section 3014 of the Solid Waste Disposal Act 
and other applicable authorities. 
Nothing in this paragraph shall affect or modify in any way the 
obligations or liability of any person under any other provision 
of State or Federal law, including common law, for damages, 
injury, or loss resulting from a release or threatened release of 
any hazardous substance or for removal or remedial action or 
the costs of removal or remedial action. 
"(2) PRESUMPTION.—Solely for the purposes of this subsection, 
a service station dealer may presume that a small quantity of 
used oil is not mixed with other hazardous substances if it— 
" 
' 
"(A) has been removed from the engine of a light duty 
motor vehicle or household appliances by the owner of such 
3sii iP vehicle or appliances, and 
"(B) is presented, by such owner, to the dealer for collec-
tion, accumulation, and delivery to an oil recycling facility. 
"(3) DEFINITION.—For purposes of this subsection, the terms 
'used oil' and 'recycled oil' have the same meanings as set forth 
42 use 6903. 
in sections 1004(36) and 1004(37) of the Solid Waste Disposal Act 
and regulations promulgated pursuant to that Act. 
"(4) EFFECTIVE DATE.—The effective date of paragraphs (1) and 
(2) of this subsection shall be the effective date of regulations or 
standards promulgated under section 3014 of the Solid Waste 
Disposal Act that include, among other provisions, a require-
ment to conduct corrective action to respond to any releases of 
42 use 6921, 
recycled oil under subtitle C or subtitle I of such Act.". 
6991. 
(b) DEFINITION OF SERVICE STATION DEALER.—Section 101 
of 
42 use 9601. 
CERCLA is amended by inserting the following at the end thereof: 
"(37)(A) The term 'service station dealer' means any person— 
"(i) who owns or operates a motor vehicle service station, 
filling station, garage, or similar retail establishment en-
gaged in the business of selling, repairing, or servicing 
motor vehicles, where a significant percentage of the gross 
revenue of the establishment is derived from the fueling, 
repairing, or servicing of motor vehicles, and 
' 
' 
"(ii) who accepts for collection, accumulation, and deliv-
, , ji- 
ery to an oil recycling facility, recycled oil that (I) has been 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1653 
President of U.S. 
42 use 9616. 
fe 
removed from the engine of a light duty motor vehicle or 
household appliances by the owner of such vehicle or appli-
ances, and (II) is presented, by such owner, to such person 
for collection, accumulation, and delivery to an oil recycling 
facility. 
"(B) For purposes of section 114(c), the term 'service station 
dealer' shall, notwithstanding the provisions of subparagraph 
(A), include any government agency that establishes a facility 
solely for the purpose of accepting recycled oil that satisfies the 
criteria set forth in subclauses (I) and (II) of subparagraph 
(A)(ii), and, with respect to recycled oil that satisfies the criteria 
set forth in subclauses (I) and (II), owners or operators of refuse 
collection services who are compelled by State law to collect, 
accumulate, and deliver such oil to an oil recycling facility. 
"(C) The President shall promulgate regulations regarding 
President of U.S. 
the determination of what constitutes a significant percentage 
Regulations, 
of the gross revenues of an establishment for purposes of this 
paragraph.". 
SEC. 
1
1
5
. 
DELEGATION; 
REGULATIONS. 
Section 115 of CERCLA is not amended. 
SEC. 116. SCHEDULES. 
Title I of CERCLA is amended by adding the following new section 
after section 115: 
"SEC. 116. SCHEDULES. 
"(a) ASSESSMENT AND LISTING OF FACILITIES.—It shall be a goal of 
this Act that, to the maximum extent practicable— 
"(1) not later than January 1, 1988, the President shall com-
plete preliminary assessments of all facilities that are contained 
(as of the date of enactment of the Superfund Amendments and 
Reauthorization Act of 1986) on the Comprehensive Environ-
mental Response, Compensation, and Liability Information 
System (CEBCLIS) including in each assessment a statement as 
to whether a site inspection is necessary and by whom it should 
be carried out; and 
"(2) not later than January 1, 1989, the President shall assure 
the completion of site inspections at all facilities for which the 
President has stated a site inspection is necessary pursuant to 
paragraph (1). 
"(b) EVALUATION.—Within 4 years after enactment of the 
Superfund Amendments and Reauthorization Act of 1986, each 
facility listed (as of the date of such enactment) in the CERCLIS 
shall be evaluated if the President determines that such evaluation 
is warranted on the basis of a site inspection or preliminary assess-
ment. The evaluation shall be in accordance with the criteria estab-
lished in section 105 under the National Contingency Plan for 
determining priorities among release for inclusion on the National 
Priorities List. In the case of a facility listed in the CERCLIS after 
the enactment of the Superfund Amendments and Reauthorization 
Act of 1986, the facility shall be evaluated within 4 years after the 
date of such listing if the President determines that such evaluation 
is warranted on the basis of a site inspection or preliminary 
assessment. 
"(c) EXPLANATIONS.—If any of the goals established by subsection Public 
(a) or Ot)) are not achieved, the President shall publish an expla- information. 
100 STAT. 1654 
PUBLIC LAW 99-499—OCT. 17,1986 
President of U.S. 
State and local 
governments. 
42 use 9617. 
Records. 
nation of why such action could not be completed by the specified 
date. 
"(d) COMMENCEMENT OF RI/FS.—The President shall assure that 
remedial investigations and feasibility studies (RI/FS) are com-
menced for facilities listed on the National Priorities List, in addi-
tion to those commenced prior to the date of enactment of the 
Superfund Amendments and Reauthorization Act of 1986, in accord-
ance with the following schedule: 
"(1) not fewer than 275 by the date 36 months after the date of 
enactment of the Superfund Amendments and Reauthorization 
Act of 1986, and 
"(2) if the requirement of paragraph (1) is not met, not fewer 
than an additional 175 by the date 4 years after such date of 
enactment, an additional 200 by the date 5 years after such date 
of enactment, and a total of 650 by the date 5 years after such 
date of enactment. 
"(e) COMMENCEMENT OF REMEDIAL ACTION.—The President shall 
assure that substantial and continuous physical on-site remedial 
action commences at facilities on the National Priorities List, in 
addition to those facilities on which remedial action has commenced 
prior to the date of enactment of the Superfund Amendments and 
Reauthorization Act of 1986, at a rate not fewer than: 
"(1) 175 facilities during the first 36-month period after enact-
ment of this subsection; and 
"(2) 200 additional facilities during the following 24 months 
after such 36-month period.". 
SEC. 117. PUBLIC PARTICIPATION. 
Title I of CERCLA is amended by adding the following new section 
after section 116: 
; . . , . . , 
"SEC. 117. PUBLIC PARTICIPATION. 
"(a) PROPOSED PLAN.—Before adoption of any plan for remedial 
action to be undertaken by the President, by a State, or by any other 
person, under section 104,106, 120, or 122, the President or State, as 
appropriate, shall take both of the following actions: 
"(1) Publish a notice and brief analysis of the proposed plan 
and make such plan available to the public. 
"(2) Provide a reasonable opportunity for submission of writ-
ten and oral comments and an opportunity for a public meeting 
at or near the facility at issue regarding the proposed plan and 
regarding any proposed findings under section 121(dX4) (relating 
to cleanup standards). The President or the State shall keep a 
transcript of the meeting and make such transcript available to 
the public. 
The notice and analysis published under paragraph (1) shall include 
sufficient information as may be necessary to provide a reasonable 
explanation of the proposed plan and alternative 
proposals 
considered. 
"(b) FINAL PLAN.—Notice of the final remedial action plan 
adopted shall be published and the plan shall be made available to 
the public before commencement of any remedial action. Such final 
plan shall be accompanied by a discussion of any significant changes 
(and the reasons for such changes) in the proposed plan and a 
response to each of the significant comments, criticisms, and new 
data submitted in written or oral presentations under subsection (a). 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1655 
"(c) EXPLANATION OF DIFFERENCES.—After adoption of a final 
remedial action plan— 
"(1) if any remedial action is taken, 
"(2) if any enforcement action under section 106 is taken, or 
"(3) if any settlement or consent decree under section 106 or 
section 122 is entered into, 
and if such action, settlement, or decree differs in any significant 
respects from the final plan, the President or the State shall publish 
an explanation of the significant differences and the reasons such 
changes were made. 
"(d) PUBLICATION.—For the purposes of this section, publication 
shall include, at a minimum, publication in a major local newspaper 
of general circulation. In addition, each item developed, received, 
3 ^.'/ 
published, or made available to the public under this section shall be 
available for public inspection and copying at or near the facility at 
issue. 
"(e) GRANTS FOR TECHNICAL ASSISTANCE.— 
President of U.S. 
"(1) AUTHORITY.—Subject to such amounts as are provided in 
appropriations Acts and in accordance with rules promulgated 
by the President, the President may make grants available to 
any group of individuals which may be affected by a release or 
threatened release at any facility which is listed on the Na-
tional Priorities List under the National Contingency Plan. 
Such grants may be used to obtain technical assistance in 
interpreting information with regard to the nature of the 
< 
hazard, remedial investigation and feasibility study, record of 
decision, remedial design, selection and construction of remedial 
action, operation and maintenance, or removal action at such 
facility. 
"(2) AMOUNT.—The amount of any grant under this subsec-
tion may not exceed $50,000 for a single grant recipient. The 
President may waive the $50,000 limitation in any case where 
such waiver is necessary to carry out the purposes of this 
subsection. Each grant recipient shall be required, as a condi-
tion of the grant, to contribute at least 20 percent of the total of 
costs of the technical assistance for which such grant is made. 
The President may waive the 20 percent contribution require-
ment if the grant recipient demonstrates financial need and 
such waiver is necessary to facilitate public participation in the 
selection of remedial action at the facility. Not more than one 
grant may be made under this subsection with respect to a 
single facility, but the grant may be renewed to facilitate public 
participation at all stages of remedial action.". 
SEC. 118. MISCELLANEOUS PROVISIONS. 
(a) PRIORITY FOR DRINKING WATER SUPPLIES.—Title I of CERCLA 
is amended by adding the following new section after section 117: 
"SEC. 118. HIGH PRIORITY FOR DRINKING WATER SUPPLIES. 
"For purposes of taking action under section 104 or 106 and listing 
facilities on the National Priorities List, the President shall give a 
high priority to facilities where the release of hazardous substances 
or pollutants or contaminants has resulted in the closing of drinking 
water wells or has contaminated a principal drinking water 
supply.". 
(b) REMOVAL AND TEMPORARY STORAGE OF CONTAINERS OF RADON 
Grants. 
CONTAMINATED SOIL.—Not later than 90 days after the enactment of New Jersey. 
President of U.S. 
42 use 9618. 
100 STAT. 1656 
PUBLIC LAW 99-499—OCT. 17, 1986 
Waste disposal. 
J.nwbii'St*! 
Law 
enforcement 
and crime. 
33 use 1319. 
33 use 1311. 
Reports. 
Waste disposal. 
42 use 6925. 
this Act, the Administrator shall make a grant of $7,500,000 to the 
State of New Jersey for transportation from residential areas in the 
State of New Jersey and temporary storage of approximately 14,000 
containers of radon contaminated soil which is the subject of a 
remedial action for which a remedial investigation and feasibility 
study has been initiated before such date. Such containers shall be 
transported to and temporarily stored at any site in the State of 
New Jersey designated by the Governor of such State. For purposes 
of section 111(a) of CERCLA, the grant under this subsection for 
transportation and storage of such containers shall be treated as 
payment of governmental response cost incurred pursuant to section 
104 of CERCLA. 
(c) 
UNCONSOUDATED 
QUATERNARY AQUIFER.—Notwithstanding 
any other provision of law, no person may— 
(1) locate or authorize the location of a landfill, surface 
impoundment, waste pile, injection well, or land treatment 
facility over the Unconsolidated Quaternary Aquifer, or the 
recharge zone or streamflow source zone of such aquifer, in the 
Rockaway River Basin, New Jersey (as such aquifer and zones 
are described in the Federal Register, January 24, 1984, pages 
2946-2948); or 
(2) place or authorize the placement of solid waste in a 
landfill, surface impoundment, waste pile, injection well, or 
land treatment facility over such aquifer or zone. 
This subsection may be enforced under sections 309 (a) and (b) of the 
Federal Water Pollution Control Act. For purposes of section 309(c) 
of such Act, a violation of this subsection shall be considered a 
violation of section 301 of such Act. 
(d) STUDY OF SHORTAGES OF SKILLED PERSONNEL.—The Comptroller 
General shall study the problem of shortages of skilled personnel in 
the Environmental Protection Agency to carry out response actions 
under CERCLA. In particular the Comptroller General shall study— 
(1) the types of skilled personnel needed for response actions 
for which there are shortages in the Environmental Protection 
Agency, 
(2) the extent of such shortages, 
(3) pay differential between the public and private sectors for 
the skilled positions involved in response actions, 
(4) the extent to which skilled personnel of Federal and State 
governments involved in response actions are leaving their 
positions for emplojrment in the private sector, 
(5) the success of programs of the Department of Defense and 
the Office of Personnel Management in retaining skilled person-
nel, and 
(6) the types of training required to improve the skills of 
employees carrying out response actions. 
The Comptroller General shall complete the study required by this 
subsection and submit a report on the results thereof to Congress 
not later than July 1,1987. 
(e) STATE REQUIREMENTS NOT APPLICABLE TO CERTAIN TRANS-
FERS.—NO State or local requirement shall apply to the transfer and 
disposal of any hazardous substance or pollutant or contaminant 
from a facility at which a release or threatened release has occurred 
to a facility for which a final permit under section 3005(a) of the 
Solid Waste Disposal Act is in effect if the following conditions 
apply— 
PUBLIC LAW 99-499-OCT. 17, 1986 
100 STAT. 1657 
(1) Such permit was issued after January 1, 1983, and before 
November 1,1984. 
(2) The transfer and disposal is carried out pursuant to a 
cooperative agreement between the Administrator and the 
State. 
(3) The facihty at which the release or threatened release has 
occurred is identified as the McCoU Site in Fullerton, California. 
The terms used in this section shall have the same meaning as when 
used in title I of CERCLA. 
if) STUDY OF LEAD POISONING IN CHILDREN.—(1) The Administrator 
of the Agency for Toxic Substances and Disease Registry shall, in 
consultation with the Administrator of the Environmental Protec-
tion Agency and other officials as appropriate, not later than 
March 1, 1987, submit to the Congress, a report on the nature and 
extent of lead poisoning in children from environmental sources. 
Such report shall include, at a minimum, the following information— 
(A) an estimate of the total number of children, arrayed 
according to Standard Metropolitan Statistical Area or other 
appropriate geographic unit, exposed to environmental sources 
of lead at concentrations sufficient to cause adverse health 
effects; 
(B) an estimate of the total number of children exposed to 
environmental sources of lead arrayed according to source or 
source types; 
(C) a statement of the long term consequences for public 
health of unabated exposures to environmental sources of lead 
and including but not limited to, diminution in intelligence, 
increases in morbidity and mortality; and 
(D) methods and alternatives available for reducing exposures 
of children to environmental sources of lead. 
(2) Such report shall also score and evaluate specific sites at which 
children are known to be exposed to environmental sources of lead 
due to releases, utilizing the Hazard Ranking system of the National 
Priorities List. 
(3) The costs of preparing and submitting the report required by 
this section shall be borne by the Hazardous Substance Superfund 
established under subchapter A of chapter 98 of Internal Revenue 
Code of 1954. 
(g) FEDERALLY LICENSED DAM.—For purposes of CERCLA in the 
case of the Milltown Dam in the State of Montana licensed under 
part 1 of the Federal Power Act and designated as FERC license 
number 
2543-004, if a 
hazardous 
substance, 
pollutant, 
or 
contaminant— 
(1) has been released into the environment upstream of the 
dam, and 
(2) has subsequently come to be located in the reservoir 
created by such dam 
notwithstanding section 101(20) of such Act, the term "owner or 
operator" does not include the owner or operator of the dam unless 
such owner or operator is a person who would otherwise be liable for 
such release or threatened release under section 107 of such Act. 
(h) COMMUNITY RELOCATION AT TIMES BEACH SITE.—For purposes 
of any Missouri dioxon site at which a temporary or permanent 
relocation decision has been made, or is under active consideration, 
by the Administrator as of the enactment of this Act, the terms 
"remove" and "removal" as used in CERCLA shall be deemed to 
include the costs of permanent relocation of residents where it is 
California. 
42 use 9601. 
Reports. 
26 u s e 9501. 
Montana. 
42 use 9601 
note. 
16 use note 
prec. 791. 
Ante, p. 1615. 
Missouri. 
Health and 
medical care. 
Safety. 
100 STAT. 1658 
PUBLIC LAW 99-499—OCT. 17, 1986 
determined that such permanent relocation is cost effective or may 
be necessary to protect health or welfare. In the case of a business 
located in an area of evacuation or relocation at such facility, such 
terms may also include the payment of those installments of prin-
cipal and interest on business debt which accrue between the date of 
jji ijor 
evacuation or temporary relocation and 30 days following the date 
that permanent relocation is actually accomplished or, if permanent 
relocation is formally rejected as the appropriate response, the date 
' • 
on which evacuation or temporary relocation ceases. In the case of 
an individual unemployed as a result of such evacuation or reloca-
tion, such terms may also include the provision of assistance iden-
tical to that authorized by sections 407, 408, and 409 of the Disaster 
42 use 
Relief Act of 1974; except that the costs of such assistance shall be 
5177-5179. 
paid from the Trust Fund established under amendments made to 
26 use 1 etseq. 
the Internal Revenue Code of 1954 by this Act. Section 104(cXl) of 
CERCLA shall not apply to obligations from the Fund for perma-
nent relocation under this paragraph. 
Waste disposal. 
(i) LIMITED WAIVERS IN STATE OF ILLINOIS.— 
(1) MOBILE INCINERATORS.—In the case of remedial actions 
specifically involving mobile incinerator units in the State of 
Illinois, if such remedial actions are undertaken by the State 
under the authority of a State Superfund law or equivalent 
authority, the State may, with the approval of the Adminis-
trator, waive any permit requirement under subtitle C of the 
42 use 6921. 
Solid Waste Disposal Act which would be otherwise applicable 
to such action to the extent that the following conditions are 
- 
met: 
(A) No TRANSFER.—The incinerator does not involve the 
aa. f
A i transfer of a hazardous substance or pollutant or contami-
nant from the facility at which the release or threatened 
release occurs to an offsite facility. 
(B) REMEDIAL ACTION.—The remedial action provides each 
of the following: 
(i) Changes in the character or composition of the 
hazardous substance or pollutant or contaminant con-
cerned so that it no longer presents a risk to public 
health, 
(ii) Protection against accidental emissions during 
('.J ;. .' 
operation. 
(iii) Protection of public health considering the multi-
media impacts of the treatment process. 
.-' ,,^g 
«'' 
(C) PUBLIC PARTICIPATION.—The State provides proce-
dures for public participation regarding the response action 
s ti io : which are at least equivalent to the level of public partici-
42 use 9601 
pation procedures applicable under CERCLA and under the 
note. 
IIV 
Solid Waste Disposal Act. 
n«<Y 
(2) EFFECT OF WAIVER.—The waiver of any permit require-
' 
ment under this subsection shall not be construed to waive any 
standard or level of control which— 
(A) is applicable to any hazardous substance or pollutant 
or contaminant involved in the remedial action; and 
•fMf. 
(B) would otherwise be contained in the permit. 
; ' ^ 
Such waiver of any permit requirement under subtitle C of the 
Solid Waste Disposal Act shall only apply to the extent that the 
facility or remedial action involves the onsite treatment with a 
mobile incineration unit of waste present at such site. The 
waiver shall not apply to any other regulated or potentially 
note. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1659 
regulated activity, including the use of the mobile incineration 
unit for actions not authorized by the State. 
(3) EXPIRATION OF AUTHORITY.—The authority of this subsec-
tion shall terminate at the end of 3 years, unless the State 
demonstrates, to the satisfaction of the Administrator, that the 
operation of mobile incinerators in the State has sufficiently 
protected public health and the environment and is consistent 
with the criteria required for a permit under subtitle C of the 
Solid Waste Disposal Act. 
(j) STUDY OF JOINT USE OF TRUCKS.— 
(1) STUDY.—The Administrator, in consultation with the Sec-
retary of Transportation, shall conduct a study of problems 
associated with the use of any vehicle for purposes other than 
the transportation of hazardous substances when that vehicle is 
used at other times for the transportation of hazardous sub-
stances. At a minimum, the Administrator shall consider— 
^
^
— 
(A) whether such joint use of vehicles should be 
prohibited, and 
(B) whether, if such joint use is permitted, special safe-
guards should be taken to minimize threats to public health 
and the environment. 
(2) REPORT.—The Administrator shall submit a report, along 
with recommendations, to Congress on the results of the study 
conducted under paragraph (1) not later than 180 days after the 
date of the enactment of this Act. 
(k) RADON ASSESSMENT AND MITIGATION.— 
(1) NATIONAL ASSESSMENT OF RADON GAS.—No later than one 
year after the enactment of this Act, the Administrator shall 
submit to the Congress a report which shall, to the extent 
possible— 
(A) identify the locations in the United States where 
radon is found in structures where people normally live or 
work, including educational institutions; 
(B) assess the levels of radon gas that are present in such 
structures; 
(C) determine the level of radon gas and radon daughters 
which poses a threat to human health and assess for each 
location identified under subparagraph (A) the extent of the 
threat to human health; 
(D) determine methods of reducing or eliminating the 
threat to human health of radon gas and radon daughters; 
and 
(E) include guidance and public information materials 
based on the findings or research of mitigating radon. 
(2) RADON MITIGATION DEMONSTRATION PROGRAM.— 
(A) DEMONSTRATION PROGRAM.—The Administrator shall 
conduct a demonstration program to test methods and tech-
nologies of reducing or eliminating radon gas and radon 
daughters where it poses a threat to human health. The 
Administrator shall take into consideration any demonstra-
tion program underway in the Reading Prong of Pennsylva-
nia, New Jersey, and New York and at other sites prior to 
enactment. The demonstration program under this section 
shall be conducted in the Reading Prong, and at such other 
' 
sites as the Administrator considers appropriate. 
(B) ANNUAL REPORTS.—The Administrator shall submit 
annual reports not later than February 1 of each year 
42 use 6921. 
:*•<* iii 
Reports. 
Reports. 
42 use 7401 
note. 
100 STAT. 1660 
PUBLIC LAW 99-499—OCT. 17,1986 
49 u s e 9660 
note. 
Contracts. 
Grants. 
Schools and 
colleges. 
Texas. 
Texas. 
Louisiana. 
Mississippi. 
Alab£ima. 
Florida. 
Ante, p. 1625. 
42 u s e 7401 
note. 
loiifii f (beginning February 1, 1987) on the status of the dem-
onstration program carried out under this subsection and 
,;,i 
on any such demonstration program initiated prior to 
enactment. 
(C) LiABiUTY.—Liability, if any, for persons undertaking 
activities pursuant to the radon mitigation demonstration 
program authorized under this subsection shall be deter-
-,.. 
mined under principles of existing law. 
(3) CONSTRUCTION OF SECTION.—Nothing in this subsection 
shall be construed to authorize the Administrator to carry out 
any regulatory program or any activity other than research, 
development, and related reporting, information dissemination, 
and coordination activities specified in this subsection. Nothing 
in paragraph (1) or (2) shall be construed to limit the authority 
of the Administrator or of any other agency or instrumentality 
of the United States under any other authority of law. 
(1) GULF COAST HAZARDOUS SUBSTANCE RESEARCH, DEVELOPMENT, 
AND DEMONSTRATION CENTER.— 
(1) 
ESTABUSHMENT 
OF HAZARDOUS SUBSTANCE RESEARCH, 
DEVELOPMENT, AND DEMONSTRATION CENTER.—The Adminis-
trator shall establish a hazardous substance research, develop-
,r£ ment, and demonstration center (hereinafter in this subsection 
referred to as the "Center") for the purpose of conducting 
research to aid in more effective hazardous substance response 
and waste management throughout the Gulf Coast. 
(2) PURPOSES OF THE CENTER.—The Center shall carry out a 
program of research, evaluation, testing, development, and dem-
onstration of alternative or innovative technologies which may 
•
T be utilized in response actions or in normal handling of hazard-
ous wastes to achieve better protection of human health and the 
>v environment. 
c 
(3) OPERATION OF CENTER.—(A) For purposes of operating the 
Center, the Administrator is authorized to enter into contracts 
f?3, and cooperative agreements with, and make grants to, a univer-
sity related institute involved with the improvement of waste 
- 
management. Such institute shall be located in Jefferson 
County, Texas. 
(B) The Center shall be authorized to make grants, accept 
contributions, and enter into agreements with universities lo-
cated in the States of Texas, Louisiana, Mississippi, Alabama, 
and Florida in order to carry out the purposes of the Center. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
;*i£ to be appropriated to the Administrator for purposes of carrying 
?; out this subsection for fiscal years beginning after Septem-
ber 30,1986, not more than $5,000,000. 
(m) RADON PROTECTION AT CURRENT NATIONAL PRIORITIES LIST 
SITES.—It is the sense of the Congress that the President, in 
selecting response action for facilities included on the National 
Priorities List published under section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
because of the presence of radon, is not required by statute or 
regulations to use fully demonstrated methods, particularly those 
involving the offsite transport and disposition of contaminated 
material, but may use innovative or alternative methods which 
protect human health and the environment in a more cost-effective 
manner. 
';,^ ;. 
i.?,. . 
(n) SPILL CONTROL TECHNOLOGY.— 
, . 
PUBLIC LAW 99-499-OCT. 17, 1986 
100 STAT. 1661 
(1) ESTABLISHMENT OF PROGRAM.—Within 180 days of enact-
ment of this subsection, the Secretary of the United States 
Department of Energy is directed to carry out a program of 
testing and evaluation of technologies which may be utilized in 
responding to liquefied gaseous and other hazardous substance 
spills at the Liquefied Gaseous Fuels Spill Test Facility that 
threaten public health or the environment. 
(2) TECHNOLOGY TRANSFER.—In carrying out the program 
; 
established under this subsection, the Secretary shall conduct a 
technology transfer program that, at a minimum— 
;, 
(A) documents and archives spill contrpl technology; 
(B) investigates and analyzes significant hazardous spill 
; 
incidents; 
(C) develops and provides generic emergency action plans; 
(D) documents and archives spill test results; 
(E) develops emergency action plans to respond to spills; 
(F) conducts training of spill response personnel; and 
(G) establishes safety standards for personnel engaged in 
spill response activities. 
(3) CONTRACTS AND GRANTS.—The Secretary is directed to Wyoming. 
J 
enter into contracts and grants with a nonprofit organization in 
Albany County, Wyoming, that is capable of providing the 
necessary technical support and which is involved in environ-
mental activities related to such hazardous substance related 
emergencies. 
(4) USE OF SITE.—The Secretary shall arrange for the use of 
the Liquefied Gaseous Fuels Spill Test Facility to carry out the 
provisions of this subsection. 
(o) PACIFIC NORTHWEST HAZARDOUS SUBSTANCE RESEARCH, DEVEL-
OPMENT, AND DEMONSTRATION CENTER.— 
(1) ESTABLISHMENT.—The Administrator shall establish a 
hazardous substance research, development, and demonstration 
center (hereinafter in this subsection referred to as the 
"Center") for the purpose of conducting research to aid in 
more effective hazardous substance response in the Pacific 
Northwest. 
(2) PURPOSES OF CENTER.—The Center shall carry out a pro-
gram of research, evaluation, testing, development, and dem-
,
n 
onstration of alternative or innovative technologies which may 
be utilized in response actions to achieve more permanent 
protection of human health and welfare and the environment. 
(3) OPERATION OF CENTER.— 
(A) NONPROFIT ENTITY.—For the purposes of operating the 
; 
Center, the Administrator is authorized to enter into con-
tracts and cooperative agreements with, and make grants 
to, a nonprofit private entity as defined in section 201(i) of 
Public Law 96-517 which entity shall agree to provide the 
basic technical and management personnel. Such nonprofit 
private entity shall also agree to provide at least two 
permanent research facilities, one of which shall be located 
in Benton County, Washington, and one of which shall be 
i 
located in Clallam County, Washington. 
(B) AUTHORITIES.—The Center shall be authorized to 
»?'• 
make grants, accept contributions, and enter into agree-
ments with universities located in the States of Washing-
;r 
ton, Oregon, Idaho, and Montana in order to carry out the 
purposes of the Center. 
42 use 9660 
note. 
Contracts. 
Grants. 
35 u s e 201. 
Washington. 
Washington. 
Oregon. 
Idaho. 
Montana. 
100 STAT. 1662 
PUBLIC LAW 99-499—OCT. 17, 1986 
Appropriation 
authorization. 
Ck)ntracts. 
J 
(4) HAZARDOUS WASTE RESEARCH AT THE HANFORD SITE.— 
Washington. 
(A) INTERAGENCY AGREEMENTS.—The Administrator and 
the Secretary of Energy are authorized to enter into inter-
agency agreements with one another for the purpose 
of providing for research, evaluation, testing, develop-
ment, and demonstration into alternative or innovative 
technologies to characterize and assess the nature and 
extent of hazardous waste (including radioactive mixed 
waste) contamination at the Hanford site, in the State of 
Washington. 
;- 
(B) FUNDING.—There is authorized to be appropriated to 
' •' 
the Secretary of Energy for purposes of carrying out this 
paragraph for fiscal years beginning after September 30, 
•-' •' 
1986, not more than $5,000,000. All sums appropriated 
under this subparagraph shall be provided to the Adminis-
'-. 
trator by the Secretary of Energy, pursuant to the inter-
agency agreement entered into under subparagraph (A), for 
the purpose of the Administrator entering into contracts 
and cooperative agreements with, and making grants to, 
,. «.ma^>' 
0 
the Center in order to carry out the research, evaluation, 
testing, development, and demonstration described in para-
graph (1). 
(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Administrator for purposes of carrying 
out this subsection (other than paragraph (4)) for fiscal years 
beginning after September 30, 1986, not more than $5,000,000. 
Utah. 
(p) SILVER CREEK TAILINGS.—Effective with the date of enactment 
of this Act, the facility listed in Group 7 in EPA National Priorities 
- ' - 
List Update #4 (50 Federal Register 37956, September 18, 1985), the 
•'' 
site in Park City, Utah, which is located on tailings from noncoal 
mining operations, shall be deemed removed from the list of sites 
recommended for inclusion on the National Priorities List, unless 
the President determines upon site specific data not used in the 
proposed listing of such facility, that the facility meets requirements 
of the Hazard Ranking System or any revised Hazard Ranking 
System. 
SEC. 
1
1
9
. 
RESPONSE 
ACTION 
CONTRACTORS. 
Title I of CERCLA is amended by adding the following new section 
after section 118: 
42 use 9619. 
"SEC. 119. RESPONSE ACTION CONTRACTORS. 
"(a) LIABILITY OF RESPONSE ACTION CONTRACTORS.— 
"(1) RESPONSE ACTION CONTRACTORS.—A person who is a 
response action contractor with respect to any release or threat-
ened release of a hazardous substance or pollutant or contami-
'^'''-''' = 
nant from a vessel or facility shall not be liable under this title 
' •• f ••• V 
or under any other Federal law to any person for injuries, costs, 
damages, expenses, or other liability (including but not limited 
to claims for indemnification or contribution and claims by 
third parties for death, personal injury, illness or loss of or 
damage to property or economic loss) which results from such 
' ' ' ' - ' ^ 
' 
release or threatened release. 
*^^'j 
"(2) NEGLIGENCE, ETC.—Paragraph (1) shall not apply in the 
J, ' * 
case of a release that is caused by conduct of the response action 
contractor which is negligent, grossly negligent, or which con-
stitutes intentional misconduct. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1663 
"(3) EFFECT ON WARRANTIES; EMPLOYER LIABILITY.—Nothing in 
this subsection shall affect the liability of any person under any 
warranty under Federal, State, or common law. Nothing in this 
subsection shall affect the liability of an employer who is a 
response action contractor to any employee of such employer 
under any provision of law, including any provision of any law 
relating to worker's compensation. 
"(4) GOVERNMENTAL EMPLOYEES.—A state employee or an em-
ployee of a political subdivision who provides services relating 
to response action while acting within the scope of his authority 
as a governmental employee shall have the same exemption 
from liability (subject to the other provisions of this section) as 
is provided to the response action contractor under this section. 
"(b) SAVINGS PROVISIONS.— 
"(1) LIABILITY OF OTHER PERSONS.—The defense provided by 
section 107(b)(3) shall not be available to any potentially respon-
sible party with respect to any costs or damages caused by any 
act or omission of a response action contractor. Except as 
provided in subsection (a)(4) and the preceding sentence, noth-
ing in this section shall affect the liability under this Act or 
under any other Federal or State law of any person, other than 
a response action contractor. 
"(2) BURDEN OF PLAINTIFF.—Nothing in this section shall 
affect the plaintiffs burden of establishing liability under this 
title. 
"(c) INDEMNIFICATION.— 
"(1) IN GENERAL.—The President may agree to hold harmless 
and indemnify any response action contractor meeting the 
requirements of this subsection against any liability (including 
the expenses of litigation or settlement) for negligence arising 
out of the contractor's performance in carrying out response 
action activities under this title, unless such liability was caused 
by conduct of the contractor which was grossly negligent or 
which constituted intentional misconduct. 
"(2) APPLICABILITY.—This subsection shall apply only with 
respect to a response action carried out under written agree-
ment with— 
"(A) the President; 
"(B) any Federal agency; 
"(C) a State or political subdivision which has entered 
into a contract or cooperative agreement in accordance 
with section 104(d)(1) of this title; or 
"(D) any potentially responsible party carrying out any 
agreement under section 122 (relating to settlements) or 
section 106 (relating to abatement). 
"(3) SOURCE OF FUNDING.—This subsection shall not be subject 
to section 1301 or 1341 of title 31 of the United States Code or 
section 3732 of the Revised Statutes (41 U.S.C. 11) or to section 3 
of the Superfund Amendments and Reauthorization Act of 1986. 
For purposes of section 111, amounts expended pursuant to this 
subsection for indemnification of any response action contractor 
(except with respect to federally owned or operated facilities) 
shall be considered governmental response costs incurred pursu-
ant to section 104. If sufficient funds are unavailable in the 
Hazardous Substance Superfund established under subchapter 
A of chapter 98 of the Internal Revenue Code of 1954 to make 
payments pursuant to such indemnification or if the Fund is 
42 u s e 9607. 
Ante, p. 1662. 
President of U.S. 
Ante, p. 1642. 
Appropriation 
authorization. 
26 use 9501. 
100 STAT. 1664 
PUBLIC LAW 99-499—OCT. 17, 1986 
President of U.S. 
t-r 
XI ,'JSKI^ 
repealed, there are authorized to be appropriated such amounts 
as may be necessary to make such payments. 
"(4) REQUIREMENTS.—An indemnification agreement may be 
provided under this subsection only if the President determines 
that each of the following requirements are met: 
"(A) The liability covered by the indemnification agree-
ment exceeds or is not covered by insurance available, at a 
fair and reasonable price, to the contractor at the time the 
contractor enters into the contract to provide response 
action, and adequate insurance to cover such liability is not 
generally available at the time the response action contract 
is entered into. 
"(B) The response action contractor has made diligent 
efforts to obtain insurance coverage from non-Federal 
sources to cover such liability. 
"(C) In the case of a response action contract covering 
more than one facility, the response action contractor 
agrees to continue to make such diligent efforts each time 
the contractor begins work under the contract at a new 
facility. 
"(5) LIMITATIONS.— 
"(A) LIABILITY COVERED.—Indemnification under this 
subsection shall apply only to response action contractor 
- liability which results from a release of any hazardous 
substance or pollutant or contaminant if such release arises 
out of response action activities. 
"(B) DEDUCTIBLES AND LIMITS.—An indemnification agree-
ment under this subsection shall include deductibles and 
shall place limits on the amount of indemnification to be 
made available. 
"(C) CONTRACTS WITH POTENTIALLY RESPONSIBLE PARTIES.— 
"(i) DECISION TO INDEMNIFY.—In deciding whether to 
.f 
enter into an indemnification agreement with a re-
sponse action contractor carrying out a written con-
tract or agreement with any potentially responsible 
VI 
party, the President shall determine an amount which 
the potentially responsible party is able to indemnify 
the contractor. The President may enter into such an 
indemnification agreement only if the President deter-
mines that such amount of indemnification is inad-
equate to cover any reasonable potential liability of the 
contractor arising out of the contractor's negligence in 
'- 
performing the contract or agreement with such party. 
' > 
The President shall make the determinations in the 
preceding sentences (with respect to the amount and 
the adequacy of the amount) taking into account the 
total net assets and resources of potentially responsible 
parties with respect to the facility at the time of such 
determinations. 
"(ii) CONDITIONS.—The President may pay a claim 
under an indemnification agreement referred to in 
clause (i) for the amount determined under clause (i) 
only if the contractor has exhausted all administrative, 
judicial, and common law claims for indemnification 
against all potentially responsible parties participating 
in the clean-up of the facility with respect to the liabil-
ity of the contractor arising out of the contractor's 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1665 
42 use 6901 
note. 
Reports. 
negligence in performing the contract or agreement 
with such party. Such indemnification agreement shall 
require such contractor to pay any deductible estab-
lished under subparagraph (B) before the contractor 
may recover any amount from the potentially respon-
sible party or under the indemnification agreement. 
"(D) RCRA FACILITIES.—No owner or operator of a facility 
regulated under the Solid Waste Disposal Act may be 
indemnified under this subsection with respect to such 
facility. 
"(E) PERSONS RETAINED OR HIRED.—A person retained or 
hired by a person described in subsection (e)(2)(B) shall be 
eligible for indemnification under this subsection only if the 
{( 
President specifically approves of the retaining or hiring of 
such person. 
"(6) COST RECOVERY.—For purposes of section 107, amounts 
expended pursuant to this subsection for indemnification of any 
person who is a response action contractor with respect to any 
release or threatened release shall be considered a cost of 
response incurred by the United States Government with re-
spect to such release. 
"(7) REGULATIONS.—The President shall promulgate regula- President of U.S. 
tions for carrying out the provisions of this subsection. Before 
promulgation of the regulations, the President shall develop 
guidelines to carry out this section. Development of such guide-
lines shall include reasonable opportunity for public comment. 
r ' ;
> 
"(8) STUDY.—The Comptroller General shall conduct a study 
in the fiscal year ending September 30, 1989, on the application 
of this subsection, including whether indemnification agree-
ments under this subsection are being used, the number of 
claims that have been filed under such agreements, and the 
need for this subsection. The Comptroller General shall report 
the findings of the study to Congress no later than Septem-
ber 30, 1989. 
"(d) EXCEPTION.—The exemption provided under subsection (a) 
and the authority of the President to offer indemnification under 
subsection (c) shall not apply to any person covered by the provisions 
of paragraph (1), (2), (3), or (4) of section 107(a) with respect to the 
release or threatened release concerned if such person would be 
covered by such provisions even if such person had not carried out 
any actions referred to in subsection (e) of this section. 
"(e) DEFINITIONS.—For purposes of this section— 
"(1) RESPONSE ACTION CONTRACT.—The term 'response action 
contract' means any written contract or agreement entered into 
by a response action contractor (as defined in paragraph (2)(A) 
of this subsection) with— 
"(A) the President; 
"(B) any Federal agency; 
"(C) a State or political subdivision which has entered 
into a contract or cooperative agreement in accordance 
with section 104(d)(1) of this Act; or 
"(D) any potentially responsible party carrying out an 
agreement under section 106 or 122; 
to provide any remedial action under this Act at a facility listed 
on the National Priorities List, or any removal under this Act, 
with respect to any release or threatened release of a hazardous 
substance or pollutant or contaminant from the facility or to 
100 STAT. 1666 
PUBLIC LAW 99-499—OCT. 17, 1986 
provide any evaluation, planning, engineering, surveying and 
mapping, design, construction, equipment, or any ancillary serv-
ices thereto for such facility. 
"(2) RESPONSE 
ACTION CONTRACTOR.—The term 
'response 
action contractor' means— 
"(A) any— 
, -' • 
"(i) person who enters into a response action contract 
. 
.j" 
with respect to any release or threatened release of a 
' '•:- 
hazardous substance or pollutant or contaminant from 
a facility and is carrying out such contract; and 
"(ii) person, public or nonprofit private entity, 
conducting a field demonstration pursuant to section 
311(b); and 
Hi . 
"(B) any person who is retained or hired by a person 
described in subparagraph (A) to provide any services relat-
ing to a response action. 
"(3) INSURANCE.—The term 'insurance' means liability insur-
ance which is fair and reasonably priced, as determined by the 
President, and which is made available at the time the contrac-
tor enters into the response action contract to provide response 
action. 
i.; 
"(f) COMPETITION.—Response action contractors and subcontrac-
tors for program management, construction management, architec-
tural and engineering, surveying and mapping, and related services 
shall be selected in accordance with title IX of the Federal Property 
40 use 541. 
and Administrative Services Act of 1949. The Federal selection 
procedures shall apply to appropriate contracts negotiated by all 
Federal governmental agencies involved in carrying out this Act. 
Such procedures shall be followed by response action contractors 
and subcontractors.". 
SEC. 120. FEDERAL FACILITIES. 
(a) IN GENERAL.—Title I of CERCLA is amended by adding the 
following new section after section 119: 
42 u s e 9620. 
"SEC. 120. FEDERAL FACILITIES. 
I 
"(a) APPLICATION OF ACT TO FEDERAL GOVERNMENT.— 
"(1) IN GENERAL.—Each department, agency, and instrumen-
tality of the United States (including the executive, legislative, 
and judicial branches of government) shall be subject to, and 
comply with, this Act in the same manner and to the same 
extent, both procedurally and substantively, as any nongovern-
mental entity, including liability under section 107 of this Act. 
Nothing in this section shall be construed to affect the liability 
of any person or entity under sections 106 and 107. 
"(2) APPLICATION OF REQUIREMENTS TO FEDERAL FACILITIES.— 
All guidelines, rules, regulations, and criteria which are ap-
plicable to preliminary assessments carried out under this Act 
for facilities at which hazardous substances are located, ap-
plicable to evaluations of such facilities under the National 
Contingency Plan, applicable to inclusion on the National Prior-
ities List, or applicable to remedial actions at such facilities 
shall also be applicable to facilities which are owned or operated 
by a department, agency, or instrumentality of the United 
States in the same manner and to the extent as such guidelines, 
rules, regulations, and criteria are applicable to other facilities. 
No department, agency, or instrumentality of the United States 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1667 
may adopt or utilize any such guidelines, rules, regulations, or 
criteria which are inconsistent with the guidelines, rules, regu-
lations, and criteria established by the Administrator under this 
Act. 
"(3) EXCEPTIONS.—This subsection shall not apply to the 
extent otherwise provided in this section with respect to ap-
plicable time periods. This subsection shall also not apply to any 
requirements relating to bonding, insurance, or financial 
responsibility. Nothing in this Act shall be construed to require 
a State to comply with section 104(c)(3) in the case of a facility 
which is owned or operated by any department, agency, or 
instrumentality of the United States. 
"(4) STATE LAWS.—State laws concerning removal and re-
medial action, including State laws regarding enforcement, 
J 
shall apply to removal and remedial action at facilities owned or 
operated by a department, agency, or instrumentality of the 
United States when such facilities are not included on the 
National Priorities List. The preceding sentence shall not apply 
to the extent a State law would apply any standard or require-
i 
ment to such facilities which is more stringent than the stand-
ards and requirements applicable to facilities which are not 
owned or operated by any such department, agency, or 
instrumentality. 
"(b) NOTICE.—Each department, agency, and instrumentality of 
the United States shall add to the inventory of Federal agency 
hazardous waste facilities required to be submitted under section 
3016 of the Solid Waste Disposal Act (in addition to the information 
required under section 3016(a)(3) of such Act) information on 
contamination from each facility owned or operated by the depart-
ment, agency, or instrumentality if such contamination affects 
contiguous or adjacent property owned by the department, agency, 
or instrumentality or by any other person, including a description of 
the monitoring data obtained. 
"(c) FEDERAL AGENCY HAZARDOUS WASTE COMPUANCE DOCKET.— 
The Administrator shall establish a special Federal Agency Hazard-
ous Waste Compliance Docket (hereinafter in this section referred to 
as the 'docket') which shall contain each of the following: 
"(1) All information submitted under section 3016 of the Solid 
Waste Disposal Act and subsection (b) of this section regarding 
any Federal facility and notice of each subsequent action taken 
under this Act with respect to the facility. 
"(2) Information submitted by each department, agency, or 
instrumentality of the United States under section 3005 or 3010 
of such Act. 
"(3) Information submitted by the department, agency, or 
instrumentality under section 103 of this Act. 
The docket shall be available for public inspection at reasonable 
times. Six months after establishment of the docket and every 6 
months thereafter, the Administrator shall publish in the Federal 
Register a list of the Federal facilities which have been included in 
the docket during the immediately preceding 6-month period. Such 
publication shall also indicate where in the appropriate regional 
office of the Environmental Protection Agency additional informa-
tion may be obtained with respect to any focility on the docket. The 
Administrator shall establish a program to provide information to 
the public with respect to facilities which are included in the docket 
under this subsection. 
State and local 
governments. 
Ante, p. 1619. 
42 use 6937. 
42 use 6925, 
6930. 
42 u s e 9603. 
Public 
information. 
Federal 
Register, 
publication. 
100 STAT. 1668 
PUBLIC LAW 99-499—OCT. 17, 1986 
"(d) ASSESSMENT AND EVALUATION.—Not later than 18 months 
after the enactment of the Superfund Amendments and Reauthor-
ization Act of 1986, the Administrator shall take steps to assure that 
a preliminary assessment is conducted for each facility on the 
docket. Following such preliminary assessment, the Administrator 
shall, where appropriate— 
"(1) evaluate such facilities in accordance with the criteria 
established in accordance with section 105 under the National 
* .' 
Contingency Plan for determining priorities among releases; 
and 
"(2) include such facilities on the National Priorities List 
maintained under such plan if the facility meets such criteria. 
Such criteria shall be applied in the same manner as the criteria are 
applied to facilities which are owned or operated by other persons. 
Evaluation and listing under this subsection shall be completed not 
later than 30 months after such date of enactment. Upon the receipt 
of a petition from the Governor of any State, the Administrator 
shall make such an evaluation of any facility included in the docket. 
"(e) REQUIRED ACTION BY DEPARTMENT.— 
"(1) RI/FS.—Not later than 6 months after the inclusion of 
any facility on the National Priorities List, the department, 
o agency, or instrumentality which owns or operates such facility 
shall, in consultation with the Administrator and appropriate 
>' State authorities, commence a remedial investigation and fea-
sibility study for such facility. In the case of any facility which 
is listed on such list before the date of the enactment of this 
:;;'' ' KII sJi 
section, the department, agency, or instrumentality which owns 
or operates such facility shall, in consultation with the Adminis-
trator and appropriate State authorities, commence such an 
investigation and study for such facility within one year after 
State and local 
such date of enactment. The Administrator and appropriate 
governments. 
State authorities shall publish a timetable and deadlines for 
expeditious completion of such investigation and study. 
"(2) 
COMMENCEMENT OF REMEDIAL ACTION; INTERAGENCY 
b AGREEMENT.—The Administrator shall review the results of 
3 each investigation and study conducted as provided in para-
graph (1). Within 180 days thereafter, the head of the depart-
ment, agency, or instrumentality concerned shall enter into an 
interagency agreement with the Administrator for the expedi-
tious completion by such department, agency, or instrumental-
ity of all necessary remedial action at such facility. Substantial 
•to continuous physical onsite remedial action shall be commenced 
at each facility not later than 15 months after completion of the 
•.'':• 
investigation and study. All such interagency agreements, 
v
»
f r 
- - including review of alternative remedial action plans and selec-
tion of remedial action, shall comply with the public participa-
tion requirements of section 117. 
"(3) COMPLETION OF REMEDIAL ACTIONS.—Remedial actions at 
facilities subject to interagency agreements under this section 
shall be completed as expeditiously as practicable. Each agency 
shall include in its annual budget submissions to the Congress a 
review of alternative agency funding which could be used to 
provide for the costs of remedial action. The budget submission 
shall also include a statement of the hazard posed by the facility 
to human health, welfare, and the environment and identify the 
•
r specific consequences of failure to begin and complete remedial 
action. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1669 
"(4) CONTENTS OF AGREEMENT.—Each interagency agreement 
under this subsection shall include, but shall not be limited to, 
each of the following: 
"(A) A review of alternative remedial actions and selec-
tion of a remedial action by the head of the relevant 
department, agency, or instrumentality and the Adminis-
trator or, if unable to reach agreement on selection of a 
remedial action, selection by the Administrator. 
"(B) A schedule for the completion of each such remedial 
•n-B 
action. 
"(C) Arrangements for long-term operation and mainte-
nance of the facility. 
"(5) 
ANNUAL 
REPORT.—Each 
department, 
agency, or 
instrumentality responsible for compliance with this section 
shall furnish an annual report to the Congress concerning its 
progress in implementing the requirements of this section. Such 
• 'r -
> " 
reports shall include, but shall not be limited to, each of the 
following items: 
"(A) A report on the progress in reaching interagency 
agreements under this section. 
"(B) The specific cost estimates and budgetary proposals 
involved in each interagency agreement. 
"(C) A brief summary of the public comments regarding 
each proposed interagency agreement. 
"(D) A description of the instances in which no agreement 
was reached. 
"(E) A report on progress in conducting investigations 
' 
and studies under paragraph (1). 
"(F) A report on progress in conducting remedial actions. 
"(G) A report on progress in conducting remedial action 
at facilities which are not listed on the National Priorities 
List. 
With respect to instances in which no agreement was reached 
within the required time period, the department, agency, or 
instrumentality filing the report under this paragraph shall 
include in such report an explanation of the reasons why no 
agreement was reached. The annual report required by this 
State and local 
paragraph shall also contain a detailed description on a State- governments. 
by-State basis of the status of each facility subject to this 
section, including a description of the hazard presented by each 
facility, plans and schedules for initiating and completing re-
sponse action, enforcement status (where appropriate), and an 
explanation of any postponements or failure to complete re-
sponse action. Such reports shall also be submitted to the 
affected States. 
"(6) SETTLEMENTS WITH OTHER PARTIES.—If the Administrator, 
in consultation with the head of the relevant department, 
agency, or instrumentality of the United States, determines 
that remedial investigations and feasibility studies or remedial 
action will be done properly at the Federal facility by another 
potentially responsible party within the deadlines provided in 
paragraphs (1), (2), and (3) of this subsection, the Administrator 
may enter into an agreement with such party under section 122 
(relating to settlements). Following approval by the Attorney 
General of any such agreement relating to a remedial action, 
the agreement shall be entered in the appropriate United States 
district court as a consent decree under section 106 of this Act. 
42 USC 9606. 
100 STAT. 1670 
PUBLIC LAW 99-499—OCT. 17,1986 
"(f) STATE AND LOCAL PARTICIPATION.—The Administrator and 
each department, agency, or instrumentality responsible for compli-
ance with this section shall afford to relevant State and loceil 
officials the opportunity to participate in the planning and selection 
of the remedial action, including but not limited to the review of all 
applicable data as it becomes available and the development of 
studies, reports, and action plans. In the case of State officials, the 
opportunity to participate shall be provided in accordance with 
section 121. 
"(g) TRANSFER OF AUTHORITIES.—Except for authorities which are 
delegated by the Administrator to an officer or employee of the 
Environmental Protection Agency, no authority vested in the 
Administrator under this section may be transferred, by executive 
order of the President or otherwise, to any other officer or employee 
of the United States or to any other person. 
Real property. 
"(h) PROPERTY TRANSFERRED BY FEDERAL AGENCIES.— 
"(1) NOTICE.—After the last day of the 6-month period begin-
ning on the effective date of regulations under paragraph (2) of 
this 
subsection, 
whenever any department, 
agency, or 
instrumentality of the United States enters into any contract 
for the sale or other transfer of real property which is owned by 
the United States and on which any hazardous substance was 
stored for one year or more, known to have been released, or 
disposed of, the head of such department, agency, or instrumen-
tality shall include in such contract notice of the type and 
quantity of such hazardous substance and notice of the time at 
which such storage, release, or disposal took place, to the extent 
such information is available on the basis of a complete search 
of gigency files. 
"(2) FORM OF NOTICE; REGULATIONS.—Notice under this subsec-
tion shall be provided in such form and manner as may be 
provided in regulations promulgated by the Administrator. As 
promptly as practicable after the enactment of this subsection 
but not later than 18 months after the date of such enactment, 
and after consultation with the Administrator of the General 
Services Administration, the Administrator shall promulgate 
u. 
1 
regulations regarding the notice required to be provided under 
li '« . 
this subsection. 
"(3) CONTENTS OF CERTAIN DEEDS.—After the last day of the 6-
month period beginning on the effective date of regulations 
under parsigraph (2) of this subsection, in the case of any real 
property owned by the United States on which any hazardous 
substance was stored for one year or more, known to have been 
released, or disposed of, each deed entered into for the transfer 
of such property by the United States to any other person or 
entity shall contain— 
"(A) to the extent such information is available on the 
basis of a complete search of agency files— 
"(i) a notice of the type and quantity of such hazard-
ous substances, 
"(ii) notice of the time at which such storage, release, 
or disposal took place, and 
"(iii) a description of the remedial action taken, if 
any, and 
"(B) a covenant warranting that— 
"(i) all remedial action necessary to protect human 
i 
health and the environment with respect to any such 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1671 
sv nis.x.-ii* 
substance remaining on the property has been taken 
hiscfeSp 
before the date of such transfer, and 
"(ii) any additional remedial action found to be nec-
• 
essary after the date of such transfer shall be con-
ducted by the United States. 
The requirements of subparagraph (B) shall not apply in any 
case in which the person or entity to whom the property is 
-
V j transferred is a potentially responsible party with respect to 
such real property. 
"(i) OBLIGATIONS UNDER SOLID WASTE DISPOSAL ACT.—Nothing in 
this section shall affect or impair the obligation of any department, 
^
j
^ .. 
agency, or instrumentality of the United States to comply with any 
requirement of the Solid Waste Disposal Act (including corrective 42 USC 6901 
action requirements). 
note, 
"(j) NATIONAL SECURITY.— 
"(1) SITE SPECIFIC PRESIDENTIAL ORDERS.—The President may President of U.S. 
issue such orders regarding response actions at any specified 
site or facility of the Department of Energy or the Department 
of Defense as may be necessary to protect the national security 
interests of the United States at that site or facility. Such orders 
may include, where necessary to protect such interests, an 
exemption from any requirement contained in this title or 
under title III of the Superfund Amendments and Reauthoriza-
tion Act of 1986 with respect to the site or facility concerned. 
The President shall notify the Congress within 30 days of the 
issuance of an order under this paragraph providing for any 
such exemption. Such notification shall include a statement of 
the reasons for the granting of the exemption. An exemption 
under this paragraph shall be for a specified period which may 
not exceed one year. Additional exemptions may be granted, 
. 
each upon the President's issuance of a new order under this 
paragraph for the site or facility concerned. Each such addi-
tional exemption shall be for a specified period which may not 
exceed one year. It is the intention of the Congress that when-
ever an exemption is issued under this paragraph the response 
action shall proceed as expeditiously as practicable. The Con-
gress shall be notified periodically of the progress of any re-
sponse action with respect to which an exemption has been 
issued under this paragraph. No exemption shall be granted 
under this paragraph due to lack of appropriation unless the 
President shall have specifically requested such appropriation 
as a part of the budgetary process and the Congress shall have 
failed to make available such requested appropriation. 
"(2) CLASSIFIED INFORMATION.—Notwithstanding any other 
provision of law, all requirements of the Atomic Energy Act and 42 USC 2011 
all Executive orders concerning the handling of restricted data 
^°^-
and national security information, including 'need to know' 
requirements, shall be applicable to any grant of access to 
classified information under the provisions of this Act or under 
title III of the Superfund Amendments and Reauthorization Act 
of 1986.". 
(b) LIMITED GRANDFATHER.—Section 120 of CERCLA shall not 42 USC 9620 
apply to any response action or remedial action for which a plan is "
o
*
®
-
under development by the Department of Energy on the date of 
enactment of this Act with respect to facilities— 
(1) owned or operated by the United States and subject to the 
jurisdiction of such Department; 
100 STAT. 1672 
PUBLIC LAW 99-499-OCT. 17, 1986 
Missouri. 
President of U.S. 
42 use 9621. 
42 use 9604, 
9606. 
(2) located in St. Charles and St. Louis counties, Missouri, or 
the city of St. Louis, Missouri, and 
(3) published in the National Priorities List. 
In preparing such plans, the Secretary of Energy shall consult with 
the Administrator of the Environmental Protection Agency. 
SEC. 121. CLEANUP STANDARDS. 
(a) AMENDMENT OF CERCLA.—Title I of CERCLA is amended by 
adding the following new section after section 120: 
"SEC. 121. CLEANUP STANDARDS. 
"(a) SELECTION OF REMEDIAL ACTION.—The President shall select 
appropriate remedial actions determined to be necessary to be 
carried out under section 104 or secured under section 106 which are 
in accordance with this section and, to the extent practicable, the 
national contingency plan, and which provide for cost-effective re-
sponse. In evaluating the cost effectiveness of proposed alternative 
remedial actions, the President shall take into account the total 
short- and long-term costs of such actions, including the costs of 
operation and maintenance for the entire period during which such 
activities will be required. 
"(b) GENERAL RULES.—(1) Remedial actions in which treatment 
which permanently and significantly reduces the volume, toxicity or 
mobility of the hazardous substances, pollutants, and contaminants 
is a principal element, are to be preferred over remedial actions not 
involving such treatment. The offsite transport and disposal of 
hazardous substances or contaminated materials without such treat-
ment should be the least favored alternative remedial action where 
practicable treatment technologies are available. The President 
shall conduct an assessment of permanent solutions and alternative 
treatment technologies or resource recovery technologies that, in 
whole or in part, will result in a permanent and significant decrease 
in the toxicity, mobility, or volume of the hazardous substance, 
pollutant, or contaminant. In making such assessment, the Presi-
dent shall specifically address the long-term effectiveness of various 
alternatives. In assessing alternative remedial actions, the President 
shall, at a minimum, take into account: 
"(A) the long-term uncertainties associated with 
land 
disposal; 
* (B) the goals, objectives, and requirements of the Solid Waste 
Disposal Act; 
"(C) the persistence, toxicity, mobility, and 
propensity 
to bioaccumulate of such hazardous substances and their 
constituents; 
"(D) short- and long-term potential for adverse health effects 
from human exposure; 
"(E) long-term maintenance costs; 
"(F) the potential for future remedial action costs if the 
alternative remedial action in question were to fail; and 
"(G) the potential threat to human health and the environ-
ment associated with excavation, transportation, and redisposal, 
or containment. 
The President shall select a remedial action that is protective of 
human health and the environment, that is cost effective, and that 
utilizes permanent solutions and alternative treatment technologies 
or resource recovery technologies to the maximum extent prac-
ticable. If the President selects a remedial action not appropriate for 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1673 
a preference under this subsection, the President shall publish an 
explanation as to why a remedial action involving such reductions 
was not selected. 
"(2) The President may select an alternative remedial action 
meeting the objectives of this subsection whether or not such action 
has been achieved in practice at any other facility or site that has 
similar characteristics. In making such a selection, the President 
may take into account the degree of support for such remedial 
action by parties interested in such site. 
"(c) REVIEW.—If the President selects a remedial action that 
results in any hazardous substances, pollutants, or contaminants 
remaining at the site, the President shall review such remedial 
action no less often than each 5 years after the initiation of such 
remedial action to assure that human health and the environment 
are being protected by the remedial action being implemented. In 
addition, if upon such review it is the judgment of the President that 
action is appropriate at such site in accordance with section 104 or 
106, the President shall take or require such action. The President 
shall report to the Congress a list of facilities for which such review 
is required, the results of all such reviews, and any actions taken as 
a result of such reviews. 
"(d) DEGREE OF CLEANUP.—(1) Remedial actions selected under 
this section or otherwise required or agreed to by the President 
under this Act shall attain a degree of cleanup of hazardous sub-
stances, pollutants, and contaminants released into the environment 
and of control of further release at a minimum which assures 
protection of human health and the environment. Such remedial 
actions shall be relevant and appropriate under the circumstances 
presented by the release or threatened release of such substance, 
pollutant, or contaminant. 
"(2XA) With respect to any hazardous substance, pollutant or 
contaminant that will remain onsite, if— 
"(i) any standard, requirement, criteria, or limitation under 
any Federal environmental law, including, but not limited to, 
the Toxic Substances Control Act, the Safe Drinking Water Act, 
J 
the Clean Air Act, the Clean Water Act, the Marine Protection, 
Research and Sanctuaries Act, or the Solid Waste Disposal Act; 
or 
"(ii) any promulgated standard, requirement, criteria, or 
limitation under a State environmental or facility siting law 
that is more stringent than any Federal standard, requirement, 
criteria, or limitation, including each such State standard, 
; 
requirement, criteria, or limitation contained in a program 
approved, authorized or delegated by the Administrator under a 
statute cited in subparagraph (A), and that has been identified 
to the President by the State in a timely manner, 
is legally applicable to the hazardous substance or pollutant or 
contaminant concerned or is relevant and appropriate under the 
circumstances of the release or threatened release of such hazardous 
substance or pollutant or contaminant, the remedial action selected 
under section 104 or secured under section 106 shall require, at the 
completion of the remedial action, a level or standard of control for 
such hazardous substance or pollutant or contaminant which at 
least attains such legally applicable or relevant and appropriate 
standard, requirement, criteria, or limitation. Such remedial action 
shall require a level or standard of control which at least attains 
Maximum Contaminant Level Goals established under the Safe 
42 u s e 9604, 
9606. 
Reports. 
State and local 
governments. 
15 u s e 2601 
note; 42 USe 201 
note. 
42 u s e 7401 
note; 33 USe 
1251 note. 
33 u s e 1401 
note; 42 USe 
6901 note. 
100 STAT. 1674 
PUBLIC LAW 99-499—OCT. 17, 1986 
42 use 201 note. Drinking Water Act and water quality criteria established under 
33 use 1314, 
section 304 or 303 of the Clean Water Act, where such goals or 
1313. 
criteria are relevant and appropriate under the circumstances of the 
release or threatened release. 
"(BXi) In determining whether or not any water quality criteria 
33 use 1251 
under the Clean Water Act is relevant and appropriate under the 
^°^- 
circumstances of the release or threatened release, the President 
shall consider the designated or potential use of the surface or 
groundwater, the environmental media affected, the purposes for 
which such criteria were developed, and the latest information 
available. 
"(ii) For the purposes of this section, a process for establishing 
alternate concentration limits to those otherwise applicable for 
hazardous constituents in groundwater under subparagraph (A) may 
not be used to establish applicable standards under this paragraph if 
the process assumes a point of human exposure beyond the bound-
ary of the facility, as defined at the conclusion of the remedial 
, , investigation and feasibility study, except where— 
,j; , 
"(I) there are known and projected points of entry of such 
groundwater into surface water; and 
"(II) on the basis of measurements or projections, there is or 
., ' 
will be no statistically significant increase of such constituents 
from such groundwater in such surface water at the point of 
entry or at any point where there is reason to believe accumula-
tion of constituents may occur downstream; and 
"(III) the remedial action includes enforceable measures that 
will preclude human exposure to the contaminated ground-
. 
water at any point between the facility boundary and all known 
and projected points of entry of such groundwater into surface 
water 
then the assumed point of human exposure may be at such known 
and projected points of entry. 
"(C)(i) Clause (ii) of this subparagraph shall be applicable only in 
cases where, due to the President's selection, in compliance with 
subsection (bXD, of a proposed remedial action which does not 
permanently and significantly reduce the volume, toxicity, or mobil-
ity of hazardous substances, pollutants, or contaminants, the pro-
posed disposition of waste generated by or associated with the 
remedial action selected by the President is land disposal in a State 
referred to in clause (ii). 
"(ii) Except as provided in clauses (iii) and (iv), a State standard, 
requirement, criteria, or limitation (including any State siting 
standard or requirement) which could effectively result in the state-
wide prohibition of land disposal of hazardous substances, pollut-
ants, or contaminants shall not apply. 
"(iii) Any State standard, requirement, criteria, or limitation 
referred to in clause (ii) shall apply where each of the following 
conditions is met: 
"(I) The State standard, requirement, criteria, or limitation is 
of general applicability and WEIS adopted by formal means. 
"(II) The State standard, requirement, criteria, or limitation 
was adopted on the basis of hydrologic, geologic, or other rel-
j evant considerations and WEIS not adopted for the purpose of 
precluding onsite remedial actions or other land disposal for 
• reasons unrelated to protection of human health and the 
environment. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1675 
"(III) The State arranges for, and assures payment of the 
incremental costs of utilizing, a facility for disposition of the 
hazardous substances, pollutants, or contaminants concerned. 
"(iv) Where the remedial action selected by the President does not 
conform to a State standard and the State has initiated a law suit 
'"^ 
against the Environmental Protection Agency prior to May 1, 1986, 
to seek to have the remedial action conform to such standard, the 
President shall conform the remedial action to the State standard. 
The State shall assure the availability of an offsite facility for such 
remedial action. 
"(3) In the case of any removal or remedial action involving the 
transfer of any hazardous substance or pollutant or contaminant 
offsite, such hazardous substance or pollutant or contaminant shall 
only be transferred to a facility which is operating in compliance 
with section 3004 and 3005 of the Solid Waste Disposal Act (or, 42 USC 6924, 
where applicable, in compliance with the Toxic Substances Control ^^25. 
Act or other applicable Federal law) and all applicable State 15 use 2601 
requirements. Such substance or pollutant or contaminant may be note-
transferred to a land disposal facility only if the President deter-
mines that both of the following requirements are met: 
"(A) The unit to which the hazardous substance or pollutant 
or contaminant is transferred is not releasing any hazardous 
waste, or constituent thereof, into the groundwater or surface 
water or soil. 
"(B) All such releases from other units at the facility are 
being controlled by a corrective action program approved by the 
Administrator under subtitle C of the Solid Waste Disposal Act. 42 USC 6921. 
The President shall notify the owner or operator of such facility of 
determinations under this paragraph. 
"(4) The President may select a remedial action meeting the 
requirements of paragraph (1) that does not attain a level or stand-
ard of control at least equivalent to a legally applicable or relevant 
and appropriate standard, requirement, criteria, or limitation as 
required by paragraph (2) (including subparagraph (B) thereof), if 
the President finds that— 
"(A) the remedial action selected is only part of a total 
remedial action that will attain such level or standard of control 
i 
when completed; 
"(B) compliance with such requirement at that facility will 
result in greater risk to human health and the environment 
than alternative options; 
"' 
"(C) compliance with such requirements is technically imprac-
ticable from an engineering perspective; 
"(D) the remedial action selected will attain a standard of 
performance that is equivalent to that required under the 
otherwise applicable standard, requirement, criteria, or limita-
tion, through use of another method or approach; 
^ 
"(E) with respect to a State standard, requirement, criteria, or 
limitation, the State has not consistently applied (or dem-
onstrated the intention to consistently apply) the standard, 
requirement, criteria, or limitation in similar circumstances at 
other remedial actions within the State; or 
"(F) in the case of a remedial action to be undertaken solely 
under section 104 using the Fund, selection of a remedial action 42 usC 9604. 
that attains such level or standard of control will not provide a 
balance between the need for protection of public health and 
welfare and the environment at the facility under consider-
100 STAT. 1676 
PUBLIC LAW 99-499—OCT. 17, 1986 
Public 
information. 
State and local 
governments. 
Regulations. 
State and local 
governments. 
.mm :>au SA 
^ff. ation, and the availability of amounts from the Fund to respond 
to other sites which present or may present a threat to public 
health or welfare or the environment, taking into consideration 
the relative immediacy of such threats. 
The President shall publish such findings, together with an expla-
nation and appropriate documentation. 
"(e) PERMITS AND ENFORCEMENT.—(1) No Federal, State, or local 
permit shall be required for the portion of any removal or remedial 
action conducted entirely onsite, where such remedial action is 
selected and carried out in compliance with this section. 
"(2) A State may enforce any Federal or State standard, require-
ment, criteria, or limitation to which the remedial action is required 
to conform under this Act in the United States district court for the 
district in which the facility is located. Any consent decree shall 
require the parties to attempt expeditiously to resolve disagree-
ments concerning implementation of the remedial action informally 
with the appropriate Federal and State agencies. Where the parties 
agree, the consent decree may provide for administrative enforce-
ment. Each consent decree shall also contain stipulated penalties for 
violations of the decree in an amount not to exceed $25,000 per day, 
which may be enforced by either the President or the State. Such 
stipulated penedties shall not be construed to impair or affect the 
authority of the court to order compliance with the specific terms of 
any such decree. 
"(f) STATE INVOLVEMENT.—(1) The President shall promulgate 
regulations providing for substantial and meaningful involvement 
by each State in initiation, development, and selection of remedial 
actions to be undertaken in that State. The regulations, at a mini-
mum, shall include each of the following: 
"(A) State involvement in decisions whether to perform a 
preliminary assessment and site inspection. 
"(B) Allocation of responsibility for hazard ranking system 
scoring. 
"(C) State concurrence in deleting sites from the National 
Priorities List. 
"(D) State participation in the long-term planning process for 
(' all remedial sites within the State. 
"(E) A reasonable opportunity for States to review and com-
ment on each of the following: 
"(i) The remedial investigation and feasibility study and 
all data and technical documents leading to its issuance, 
"(ii) The planned remedial action identified in the re-
medial investigation and feasibility study. 
"(iii) The engineering design following selection of the 
final remedial action. 
"(iv) Other technical data and reports relating to im-
plementation of the remedy. 
"(v) Any proposed finding or decision by the President to 
exercise the authority of subsection (dX4). 
"(F) Notice to the State of negotiations with potentially 
responsible parties regarding the scope of any response action 
at a facility in the State and an opportunity to participate in 
such negotiations and, subject to paragraph (2), be a party to 
any settlement. 
(G) Notice to the State and an opportunity to comment or 
the President's proposed plan for remedial action as well as on 
alternative plans under consideration. The President's proposed 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1677 
decision regarding the selection of remedial action shall be 
accompanied by a response to the comments submitted by the 
State, including an explanation regarding any decision under 
subsection (d)(4) on compliance with promulgated State stand-
ards. A copy of such response shall also be provided to the State. 
"(H) Prompt notice and explanation of each proposed action 
to the State in which the facility is located. 
Prior to the promulgation of such regulations, the President shall 
provide notice to the State of negotiations with potentially respon-
sible parties regarding the scope of any response action at a facility 
in the State, and such State may participate in such negotiations 
and, subject to paragraph (2), any settlements. 
"(2)(A) This paragraph shall apply to remedial actions secured 
under section 106. At least 30 days prior to the entering of any 
42 USC 9606. 
consent decree, if the President proposes to select a remedial action 
that does not attain a legally applicable or relevant and appropriate 
standard, requirement, criteria, or limitation, under the authority of 
subsection (d)(4), the President shall provide an opportunity for the 
State to concur or not concur in such selection. If the State concurs, 
the State may become a signatory to the consent decree. 
- ' 
"(B) If the State does not concur in such selection, and the State 
desires to have the remedial action conform to such standard, 
requirement, criteria, or limitation, the State shall intervene in the 
action under section 106 before entry of the consent decree, to seek 
to have the remedial action so conform. Such intervention shall be a 
matter of right. The remedial action shall conform to such standard, 
requirement, criteria, or limitation if the State establishes, on the 
administrative record, that the finding of the President was not 
supported by substantial evidence. If the court determines that the 
remedial action shall conform to such standard, requirement, cri-
teria, or limitation, the remedial action shall be so modified and the 
State may become a signatory to the decree. If the court determines 
that the remedial action need not conform to such standard, require-
ment, criteria, or limitation, and the State pays or assures the 
payment of the additional costs attributable to meeting such stand-
ard, requirement, criteria, or limitation, the remedial action shall be 
so modified and the State shall become a signatory to the decree. 
"(C) The President may conclude settlement negotiations with 
potentially responsible parties without State concurrence. 
"(3)(A) This paragraph shall apply to remedial actions at facilities 
owned or operated by a department, agency, or instrumentality of 
the United States. At least 30 days prior to the publication of the 
If 
President's final remedial action plan, if the President proposes to 
select a remedial action that does not attain a legally applicable or 
relevant and appropriate standard, requirement, criteria, or limita-
tion, under the authority of subsection (dX4), the President shall 
provide an opportunity for the State to concur or not concur in such 
selection. If the State concurs, or does not act within 30 days, the 
remedial action may proceed. 
"(B) If the State does not concur in such selection as provided in 
subparagraph (A), and desires to have the remedial action conform 
to such standard, requirement, criteria, or limitation, the State may 
maintain an action as follows: 
"(i) If the President has notified the State of selection of such 
a remedial action, the State may bring an action within 30 days 
of such notification for the sole purpose of determining whether 
, 
the finding of the President is supported by substantial evi-
100 STAT. 1678 
PUBLIC LAW 99-499—OCT. 17, 1986 
42 use 9621 
note. 
President of U.S. 
42 use 9622. 
Ante, p. 1618. 
dence. Such action shall be brought in the United States district 
'^ 
court for the district in which the facility is located. 
"(ii) If the State establishes, on the administrative record, 
that the President's finding is not supported by substantial 
evidence, the remedial action shall be modified to conform to 
^" 
such standard, requirement, criteria, or limitation, 
i 
"(iii) If the State fails to establish that the President's finding 
was not supported by substantial evidence and if the State pays, 
within 60 days of judgment, the additional costs attributable to 
meeting such standard, requirement, criteria, or limitation, the 
remedial action shall be selected to meet such standard, require-
f
^ 
ment, criteria, or limitation. If the State fails to pay within 60 
days, the remedial action selected by the President shall pro-
ceed through completion. 
"(C) Nothing in this section precludes, and the court shall not 
enjoin, the Federal agency from taking any remedial action unre-
lated to or not inconsistent with such standard, requirement, cri-
teria, or limitation.". 
(b) EFFECTIVE DATE.—With respect to section 121 of CERCLA, as 
added by this section— 
t 
(1) The requirements of section 121 of CERCLA shall not 
apply to any remedial action for which the Record of Decision 
,i 
(hereinafter in this section referred to as the "ROD") was 
ii 
signed, or the consent decree was lodged, before date of enact-
,} 
ment. 
i 
(2) If the ROD was signed, or the consent decree lodged, 
; 
within the 30-day period immediately following enactment of 
t
> 
the Act, the Administrator shall certify in writing that the 
portion of the remedial action covered by the ROD or consent 
decree complies to the maximum extent practicable with section 
121 of CERCLA. 
Any ROD signed before enactment of this Act and reopened after 
enactment of this Act to modify or supplement the selection of 
remedy shall be subject to the requirements of section 121 of 
CERCLA. 
SEC. 122. SETTLEMENTS. 
(a) NEW SECTION.—Title I of CERCLA is amended by adding the 
following new section after section 121: 
"SEC. 122. SETTLEMENTS. 
I 
"(a) AUTHORITY To ENTER INTO AGREEMENTS.—The President, in 
his discretion, may enter into an agreement with any person (includ-
ing the owner or operator of the facility from which a release or 
substantial threat of release emanates, or any other potentially 
responsible person), to perform any response action (including any 
action described in section 104(b)) if the President determines that 
such action will be done properly by such person. Whenever prac-
ticable and in the public interest, as determined by the President, 
the President shall act to facilitate agreements under this section 
that are in the public interest and consistent with the National 
Contingency Plan in order to expedite effective remedial actions and 
minimize litigation. If the President decides not to use the proce-
dures in this section, the President shall notify in writing poten-
tially responsible parties at the facility of such decision and the 
reasons why use of the procedures is inappropriate. A decision of the 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1679 
President to use or not to use the procedures in this section is not 
subject to judicial review. 
"(b) AGREEMENTS WITH POTENTIALLY RESPONSIBLE PARTIES.— 
"(1) MIXED FUNDING.—An agreement under this section may 
provide that the President will reimburse the parties to the 
agreement from the Fund, with interest, for certain costs of 
actions under the agreement that the parties have agreed to 
perform but which the President has agreed to finance. In any 
case in which the President provides such reimbursement, the 
President shall make all reasonable efforts to recover the 
amount of such reimbursement under section 107 or under 
42 USC 9607. 
other relevant authorities. 
"(2) REVIEWABILITY.—The President's decisions regarding the 
availability of fund financing under this subsection shall not be 
subject to judicial review under subsection (d). 
"(3) RETENTION OF FUNDS.—If, as part of any agreement, the 
President will be carrying out any action and the parties will be 
pa3dng amounts to the President, the President may, notwith-
standing any other provision of law, retain and use such 
amounts for purposes of carrying out the agreement. 
"(4) FUTURE OBLIGATION OF FUND.—In the ceise of a completed 
remedial action pursuant to an agreement described in para-
graph (1), the Fund shall be subject to an obligation for subse-
quent remedial actions at the same facility but only to the 
extent that such subsequent actions are necessary by reason of 
the failure of the original remedial action. Such obligation shall 
be in a proportion equal to, but not exceeding, the proportion 
contributed by the Fund for the original remedial action. The 
Fund's obligation for such future remedial action may be met 
through Fund expenditures or through payment, following 
settlement or enforcement action, by parties who were not 
signatories to the original agreement. 
"(c) EFFECT OF AGREEMENT.— 
"(1) LIABILITY.—Whenever the President has entered into an 
agreement under this section, the liability to the United States 
under this Act of each party to the agreement, including any 
future liability to the United States, arising from the release or 
threatened release that is the subject of the agreement shall be 
limited as provided in the agreement pursuant to a covenant 
not to sue in accordance with subsection (f). A covenant not to 
sue may provide that future liability to the United States of a 
settling potentially responsible party under the agreement may 
be limited to the same proportion as that established in the 
original settlement agreement. Nothing in this section shall 
limit or otherwise affect the authority of any court to review in 
the consent decree process under subsection (d) any covenant 
not to sue contained in an agreement under this section. In 
determining the extent to which the liability of parties to an 
agreement shall be limited pursuant to a covenant not to sue, 
the President shall be guided by the principle that a more 
complete covenant not to sue shall be provided for a more 
permanent remedy undertaken by such parties. 
"(2) ACTIONS AGAINST OTHER PERSONS.—If an agreement has 
been entered into under this section, the President may take 
any action under section 106 against any person who is not a 42 USC 9606. 
party to the agreement, once the period for submitting a pro-
100 STAT. 1680 
PUBLIC LAW 99-499—OCT. 17, 1986 
'
^
•
« posal under subsection (eX2)(B) has expired. Nothing in this 
section shall be construed to affect either of the following: 
42 use 9606, 
"(A) The liability of any person under section 106 or 107 
9607. 
with respect to any costs or damages which are not included 
in the agreement. 
\- 
"(B) The authority of the President to maintain an action 
under this Act against any person who is not a party to the 
agreement. 
"(d) ENFORCEMENT.— 
M 
"(1) CLEANUP AGREEMENTS.— 
?v-»«CfeU !
i
^ 
c 
"(A) CONSENT DECREE.—Whenever the President enters 
into an agreement under this section with any potentially 
.^' 
responsible party with respect to remedial action under 
V
. 
section 106, following approval of the agreement by the 
Attorney General, except as otherwise provided in the case 
J 
of certain administrative settlements referred to in subsec-
-^ 
tion (g), the agreement shall be entered in the appropriate 
United States district court as a consent decree. The Presi-
dent need not make any finding regarding an imminent 
and substantial endangerment to the public health or the 
I 
environment in connection with any such agreement or 
consent decree. 
^ 
"(B) EFFECT.—The entry of any consent decree under this 
subsection shall not be construed to be an acknowledgment 
, 
by the parties that the release or threatened release con-
cerned 
constitutes 
an 
imminent 
and 
substantial 
f
, 
endangerment to the public health or welfare or the 
environment. Except as otherwise provided in the Federal 
i 
Rules of Evidence, the participation by any party in the 
process under this section shall not be considered an admis-
r 
sion of liability for any purpose, and the fact of such 
participation shall not be admissible in any judicial or 
administrative proceeding, including a subsequent proceed-
ing under this section. 
;
^
" 
"(C) STRUCTURE.—The President may fashion a consent 
'^ 
decree so that the entering of such decree and compliance 
with such decree or with any determination or agreement 
made pursuant to this section shall not be considered an 
' 
admission of liability for any purpose. 
' 
"(2) PUBUC PARTICIPATION.— 
'' 
"(A) FiUNG OF PROPOSED JUDGMENT.—At least 30 days 
' 
before a final judgment is entered under paragraph (1), the 
proposed judgment shall be filed with the court. 
I 
"(B) OPPORTUNITY FOR COMMENT.—The Attorney General 
* 
shall provide an opportunity to persons who are not named 
- 
as parties to the action to comment on the proposed judg-
^ 
ment before its entry by the court as a final judgment. The 
Attorney General shall consider, and file with the court, 
^' 
any written comments, views, or allegations relating to the 
proposed judgment. The Attorney General may withdraw 
'^ 
or withhold its consent to the proposed judgment if the 
*
* ^ • 
comments, views, and allegations concerning the judgment 
disclose facts or considerations which indicate 
that 
8 
the proposed judgment is inappropriate, improper, or 
inadequate. 
3ix)e Oc'j Si i 
"(3) 104(b) AGREEMENTS.—Whenever the President enters into 
an £^eement under this section with any potentially respon-
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1681 
Public 
information. 
Classified 
information. 
sible party with respect to action under section 104(b), the 
Ante, p. 1617. 
President shall issue an order or enter into a decree setting 
forth the obligations of such party. The United States district 
court for the district in which the release or threatened release 
occurs may enforce such order or decree. 
"(e) SPECIAL NOTICE PROCEDURES.— 
"(1) NOTICE.—Whenever the President determines that a 
period of negotiation under this subsection would facilitate an 
agreement with potentially responsible parties for taking re-
sponse action (including any action described in section 104(b)) 
and would expedite remedial action, the President shall so 
notify all such parties and shall provide them with information 
concerning each of the following: 
"(A) The names and addresses of potentially responsible 
parties (including owners and operators and other persons 
referred to in section 107(a)), to the extent such information 
is available. 
"(B) To the extent such information is available, the 
volume and nature of substances contributed by each poten-
tially responsible party identified at the facility. 
"(C) A ranking by volume of the substances at the facil-
ity, to the extent such information is available. 
The President shall make the information referred to in this 
paragraph available in advance of notice under this paragraph 
upon the request of a potentially responsible party in accord-
ance with procedures provided by the President. The provisions 
of subsection (e) of section 104 regarding protection of confiden-
tial information apply to information provided under this para-
graph. Disclosure of information generated by the President 
under this section to persons other than the Congress, or any 
duly authorized Committee thereof, is subject to other privileges 
or protections provided by law, including (but not limited to) 
those applicable to attorney work product. Nothing contained in 
this paragraph or in other provisions of this Act shall be 
construed, interpreted, or applied to diminish the required 
disclosure of information under other provisions of this or other 
Federal or State laws. 
"(2) NEGOTIATION.— 
"(A) MORATORIUM.—Except as provided in this subsec-
tion, the President may not commence action under section 
104(a) or take any action under section 106 for 120 days 42USC9606. 
after providing notice and information under this subsec-
tion with respect to such action. Except as provided in this 
subsection, the President may not commence a remedial 
investigation and feasibility study under section 104(b) for 
90 days after providing notice and information under this 
subsection with respect to such action. The President may 
commence any additional studies or investigations au-
thorized under section 104(b), including remedial design, 
during the negotiation period. 
"(B) PROPOSALS.—Persons receiving notice and informa-
tion under paragraph (1) of this subsection with respect to 
action under section 106 shall have 60 days from the date of 
receipt of such notice to make a proposal to the President 
for undertaking or financing the action under section 106. 
Persons receiving notice and information under paragraph 
(1) of this subsection with respect to action under section 
100 STAT. 1682 
PUBLIC LAW 99-499—OCT. 17, 1986 
.Tio' 
^,sA 
4: 
104(b) shall have 60 days from the date of receipt of such 
notice to make a proposal to the President for undertaking 
or financing the action under section 104(b). 
^afe£*t 
"(C) ADDITIONAL PARTIES.—If an additional potentially 
responsible party is identified during the negotiation period 
or after an agreement has been entered into under this 
P, ,r 
subsection concerning a release or threatened release, the 
President may bring the additional party into the negotia-
tion or enter into a separate agreement with such party. 
"(3) PREUMINARY ALLOCATION OF RESPONSIBIUTY.— 
"(A) IN GENERAL.—The President shall develop guidelines 
u 
for preparing nonbinding preliminary allocations of respon-
sibility. In developing these guidelines the President may 
include such factors as the President considers relevant, 
-,, 
such as: volume, toxicity, mobility, strength of evidence, 
J. 
ability to pay, litigative risks, public interest consider-
ations, precedential value, and inequities and aggravating 
factors. When it would expedite settlements under this 
section and remedial action, the President may, after 
completion of the remedial investigation and feasibility 
['• 
study, provide a nonbinding preliminary allocation of 
responsibility which allocates percentages of the total cost 
of response among potentially responsible parties at the 
facility. 
Courts, U.S. 
"(B) COLLECTION OF INFORMATION.—To collect information 
necessary or appropriate for performing the allocation 
io' it 
under subparagraph (A) or for otherwise implementing this 
section, the President may by subpoena require the attend-
I 
ance and testimony of witnesses and the production of 
reports, papers, documents, answers to questions, and other 
information that the President deems necessary. Witnesses 
shall be paid the same fees and mileage that are paid 
witnesses in the courts of the United States. In the event of 
contumacy or failure or refusal of any person to obey any 
0 
such subpoena, any district court of the United States in 
>'j .,. 
which venue is proper shall have jurisdiction to order any 
such person to comply with such subpoena. Any failure to 
obey such an order of the court is punishable by the court 
as a contempt thereof. 
"(C) EFFECT.—The nonbinding preliminary allocation of 
; 
/ ,., V
. 
responsibility shall not be admissible as evidence in any 
proceeding, and no court shall have jurisdiction to review 
». 
the nonbinding preliminary allocation of responsibility. The 
nonbinding preliminary allocation of responsibility shall 
;. 
not constitute an apportionment or other statement on the 
divisibility of harm or causation. 
"(D) COSTS.—The costs incurred by the President in 
producing the nonbinding preliminary allocation of respon-
,i 
sibility shall be reimbursed by the potentially responsible 
parties whose offer is accepted by the President. Where an 
offer under this section is not accepted, such costs shall be 
considered costs of response. 
"(E) DECISION TO REJECT OFFER.—Where the President, in 
his discretion, has provided a nonbinding preliminary 
allocation of responsibility and the potentially responsible 
d 
parties have made a substantial offer providing for response 
« 
to the President which he rejects, the reasons for the 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1683 
rejection shall be provided in a written explanation. The 
President's decision to reject such an offer shall not be 
subject to judicial review. 
"(4) FAILURE TO PROPOSE.—If the President determines that a 
good faith proposal for undertaking or financing action under 
section 106 has not been submitted within 60 days of the 
42 USC 9606. 
provision of notice pursuant to this subsection, the President 
may thereafter commence action under section 104(a) or take an 
Ante, p. 1617. 
action against any person under section 106 of this Act. If the 
President determines that a good faith proposal for undertaking 
or financing action under section 1040?) has not been submitted 
within 60 days after the provision of notice pursuant to this 
subsection, the President may thereafter commence action 
under section 104(b). 
"(5) SIGNIFICANT THREATS.—Nothing in this subsection shall 
limit the President's authority to undertake response or 
enforcement action regarding a significant threat to public 
health or the environment within the negotiation period estab-
lished by this subsection. 
<? 
"(6) INCONSISTENT RESPONSE ACTION.—When either the Presi-
dent, or a potentially responsible party pursuant to an adminis-
trative order or consent decree under this Act, has initiated a 
remedial investigation and feasibility study for a particular 
facility under this Act, no potentially responsible party may 
undertake any remedial action at the facility unless such re-
medial action has been authorized by the President. 
'(f) COVENANT NOT TO SUE.— 
"(1) DISCRETIONARY COVENANTS.—The President may, in his 
discretion, provide any person with a covenant not to sue 
concerning any liability to the United States under this Act, 
including future liability, resulting from a release or threatened 
release of a hazardous substance addressed by a remedial 
action, whether that action is onsite or offsite, if each of the 
following conditions is met: 
"(A) The covenant not to sue is in the public interest. 
"(B) The covenant not to sue would expedite response 
action consistent with the National Contingency Plan 
under section 105 of this Act. 
42 USC 9605. 
"(C) The person is in full compliance with a consent 
decree under section 106 (including a consent decree en-
tered into in accordance with this section) for response to 
the release or threatened release concerned. 
"(D) The response action has been approved by the 
President. 
"(2) SPECIAL COVENANTS NOT TO SUE.—In the case of any 
person to whom the President is authorized under paragraph (1) 
of this subsection to provide a covenant not to sue, for the 
portion of remedial action— 
"(A) which involves the transport and secure disposition 
offsite of hazardous substances in a facility meeting the 
requirements of sections 3004 (c), (d), (e), (f), (g), (m), (o), (p), 
(u), and (v) and 3005(c) of the Solid Waste Disposal Act, 
42 USC 6924, 
where the President has rejected a proposed remedial 6925. 
action that is consistent with the National Contingency 
Plan that does not include such offsite disposition and has 
-u 
thereafter required offsite disposition; or 
71-19A 0 - 8 9 - 2 0 
: QL. 3 Part2 
100 STAT. 1684 
PUBLIC LAW 99-499—OCT. 17, 1986 
"(B) which involves the treatment of hazardous sub-
stances so as to destroy, eliminate, or permanently immo-
bilize the hazardous constituents of such substances, such 
that, in the judgment of the President, the substances no 
r 
longer present any current or currently foreseeable future 
XH' 
significant risk to public health, welfare or the environ-
ment, no byproduct of the treatment or destruction process 
., 
, presents any significant hazard to public health, welfare 
' 
or the environment, and all b3rproducts are themselves 
treated, destroyed, or contained in a manner which assures 
that such byproducts do not present any current or cur-
,. rently foreseeable future significant risk to public health, 
welfare or the environment, 
the President shall provide such person with a covenant not to 
; sue with respect to future liability to the United States under 
, this Act for a future release or threatened release of hazardous 
- substances from such facility, and a person provided such cov-
; enant not to sue shall not be liable to the United States under 
42 use 9606, 
section 106 or 107 with respect to such release or threatened 
9607. 
release at a future time. 
"(3) REQUIREMENT THAT REMEDIAL ACTION BE COMPLETED.—A 
covenant not to sue concerning future liability to the United 
^. States shall not take effect until the President certifies that 
remedial action has been completed in accordance with the 
, requirements of this Act at the facility that is the subject of 
such covenant. 
"(4) FACTORS.—In assessing the appropriateness of a covenant 
not to sue under paragraph (1) and any condition to be included 
in a covenant not to sue under paragraph (1) or (2), the Presi-
dent shall consider whether the covenant or condition is in the 
public interest on the basis of such factors as the following: 
"(A) The effectiveness and reliability of the remedy, in 
light of the other alternative remedies considered for the 
facility concerned. 
"(B) The nature of the risks remaining at the facility. 
"(C) The extent to which performance standards are in-
cluded in the order or decree. 
"(D) The extent to which the response action provides a 
' 
complete remedy for the facility, including a reduction in 
the hazardous nature of the substances at the facility. 
"(E) The extent to which the technology used in the 
response action is demonstrated to be effective. 
"(F) Whether the Fund or other sources of funding would 
be available for any additional remedial actions that might 
eventually be necessary at the facility. 
"(G) Whether the remedial action will be carried out, in 
whole or in significant part, by the responsible parties 
' > 
themselves. 
"(5) SATISFACTORY PERFORMANCE.—Any covenant not to 
sue 
under this subsection shall be subject to the satisfactory 
performance by such party of its obligations under the agree-
ment concerned. 
t 
"(6) ADDITIONAL CONDITION FOR FUTURE LIABIUTY.—(A) Except 
for the portion of the remedial action which is subject to a 
covenant not to sue under paragraph (2) or under subsection (g) 
(relating to de minimis settlements), a covenant not to sue a 
person concerning future liability to the United States shall 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1685 
include an exception to the covenant that allows the President 
to sue such person concerning future liability resulting from the 
release or threatened release that is the subject of the covenant 
where such liability arises out of conditions which are unknown 
at the time the President certifies under paragraph (3) that 
remedial action has been completed at the facility concerned, 
"(B) In extraordinary circumstances, the President may deter-
mine, after assessment of relevant factors such as those referred 
to in paragraph (4) and volume, toxicity, mobility, strength of 
evidence, ability to pay, litigative risks, public interest consider-
ations, precedential value, and inequities and aggravating fac-
tors, not to include the exception referred to in subparagraph 
(A) if other terms, conditions, or requirements of the agreement 
containing the covenant not to sue are sufficient to provide all 
reasonable assurances that public health and the environment 
will be protected from any future releases at or from the 
facility. 
"(C) The President is authorized to include any provisions 
allowing future enforcement action under section 106 or 107 
that in the discretion of the President are necessary and appro-
priate to assure protection of public health, welfare, and the 
environment. 
"(g) DE MINIMIS SETTLEMENTS.— 
"(1) EXPEDITED FINAL SETTLEMENT.—Whenever practicable 
and in the public interest, as determined by the President, the 
President shall as promptly as possible reach a final settlement 
with a potentially responsible party in an administrative or 
civil action under section 106 or 107 if such settlement involves 
only a minor portion of the response costs at the facility con-
cerned and, in the judgment of the President, the conditions in 
either of the following subparagraph (A) or (B) are met: 
"(A) Both of the following are minimal in comparison to 
other hazardous substances at the facility: 
"(i) The amount of the hazardous substances contrib-
uted by that party to the facility. 
"(ii) The toxic or other hazardous effects of the sub-
stances contributed by that party to the facility. 
"(B) The potentially responsible party— 
"(i) is the owner of the real property on or in which 
the facility is located; 
"(ii) did not conduct or permit the generation, 
transportation, storage, treatment, or disposal of any 
hazardous substance at the facility; and 
"(iii) did not contribute to the release or threat of 
release of a hazardous substance at the facility through 
any action or omission. 
vj. i 
This subparagraph (B) does not apply if the potentially 
responsible party purchased the real property with actual 
or constructive knowledge that the property was used for 
the generation, transportation, storage, treatment, or dis-
posal of any hazardous substance. 
"(2) COVENANT NOT TO SUE.—The President may provide a 
covenant not to sue with respect to the facility concerned to any 
party who has entered into a settlement under this subsection 
unless such a covenant would be inconsistent with the public 
interest as determined under subsection (f). 
42 use 9606, 
9607. 
Real property. 
Real property. 
100 STAT. 1686 
PUBLIC LAW 99-499—OCT. 17, 1986 
Claims. 
Cljiims. 
42 use 9607. 
Regulations. 
"(3) EXPEDITED AGREEMENT.—The President shall reach any 
such settlement or grant any such covenant not to sue as soon 
as possible after the President has available the information 
necessary to reach such a settlement or grant such a covenant. 
"(4) CONSENT DECREE OR ADMINISTRATIVE ORDER.—A settle-
ment under this subsection shall be entered as a consent decree 
or embodied in an administrative order setting forth the terms 
of the settlement. In the case of any facility where the total 
response costs exceed $500,000 (excluding interest), if the settle-
ment is embodied as an administrative order, the order may be 
issued only with the prior written approval of the Attorney 
General. If the Attorney General or his designee has not ap-
proved or disapproved the order within 30 days of this referral, 
the order shall be deemed to be approved unless the Attorney 
General and the Administrator have agreed to extend the time. 
The district court for the district in which the release or threat-
ened release occurs may enforce any such administrative order. 
"(5) EFFECT OF AGREEMENT.—A party who has resolved its 
liability to the United States under this subsection shall not be 
liable for claims for contribution regarding matters addressed 
in the settlement. Such settlement does not discharge any of the 
other potentially responsible parties unless its terms so provide, 
but it reduces the potential liability of the others by the amount 
of the settlement. 
"(6) SETTLEMENTS WITH OTHER POTENTIALLY RESPONSIBLE PAR-
TIES.—Nothing in this subsection shall be construed to affect the 
authority of the President to reach settlements with other 
potentially responsible parties under this Act. 
'(h) COST RECOVERY SETTLEMENT AUTHORITY.— 
"(1) AUTHORITY TO SETTLE.—The head of any department or 
agency with authority to undertake a response action under this 
Act pursuant to the national contingency plan may consider, 
compromise, and settle a claim under section 107 for costs 
incurred by the United States Government if the claim has not 
been referred to the Department of Justice for further action. In 
the case of any facility where the total response costs exceed 
< $500,000 (excluding interest), any claim referred to in the 
preceding sentence may be compromised and settled only with 
the prior written approval of the Attorney General. 
i 
"(2) USE OF ARBITRATION.—Arbitration in accordance with 
regulations promulgated under this subsection may be used as a 
method of settling claims of the United States where the total 
response costs for the facility concerned do not exceed $500,000 
(excluding interest). After consultation with the Attorney (gen-
eral, the department or agency head may establish and publish 
regulations for the use of arbitration or settlement under this 
subsection. 
"(3) RECOVERY OF CLAIMS.—If any person fails to pay a claim 
that has been settled under this subsection, the department or 
agency head shall request the Attorney General to bring a civil 
action in an appropriate district court to recover the amount of 
such claim, plus costs, attorneys' fees, and interest from the 
date of the settlement. In such an action, the terms of the 
settlement shall not be subject to review. 
"(4) CLAIMS FOR CONTRIBUTION.—A person who has resolved 
: its liability to the United States under this subsection shall not 
be liable for claims for contribution regarding matters ad-
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1687 
dressed in the settlement. Such settlement shall not discharge 
any of the other potentially liable persons unless its terms so 
provide, but it reduces the potential liability of the others by the 
amount of the settlement. 
e "(i) SETTLEMENT PROCEDURES.— 
"(1) 
PUBUCATION IN FEDERAL REGISTER.—At least 30 dayS 
Federal 
before any settlement (including any settlement arrived at Register, 
through arbitration) may become final under subsection (h), or Publication, 
under subsection (g) in the case of a settlement embodied in an 
administrative order, the head of the department or agency 
,; 
which has jurisdiction over the proposed settlement shall pub-
lish in the Federal Register notice of the proposed settlement. 
The notice shall identify the facility concerned and the parties 
to the proposed settlement. 
"(2) COMMENT PERIOD.—For a 30-day period beginning on the 
date of publication of notice under paragraph (1) of a proposed 
settlement, the head of the department or agency which has 
jurisdiction over the proposed settlement shall provide an 
j, 
opportunity for persons who are not parties to the proposed 
settlement to file written comments relating to the proposed 
settlement. 
"(3) CONSIDERATION OF COMMENTS.—The head of the depart-
ment or agency shall consider any comments filed under para-
graph (2) in determining whether or not to consent to the 
proposed settlement and may withdraw or withhold consent to 
the proposed settlement if such comments disclose facts or 
considerations which indicate the proposed settlement is 
inappropriate, improper, or inadequate, 
"(j) NATURAL RESOURCES.— 
"(1) NOTIFICATION OF TRUSTEE.—Where a release or threat-
ened release of £my hazardous substance that is the subject of 
negotiations under this section may have resulted in damages to 
natural resources under the trusteeship of the United States, 
i 
the President shall notify the Federal natural resource trustee 
of the negotiations and shall encourage the participation of such 
trustee in the negotiations. 
"(2) COVENANT NOT TO SUE.—An agreement under this section 
may contain a covengmt not to sue under section 107(aX4XC) for 42 USC 9607. 
damages to natural resources under the trusteeship of the 
United States resulting from the release or threatened release 
of hazardous substances that is the subject of the agreement, 
but only if the Federal natural resource trustee has agreed in 
writing to such covenant. The Federal natural resource trustee 
may agree to such covenant if the potentially responsible party 
agrees to undertake appropriate actions necessary to protect 
5 
and restore the natural resources damaged by such release or 
threatened release of hazardous substances, 
"(k) SECTION NOT APPUCABLE TO VESSELS.—The provisions of this 
section shall not apply to releases from a vessel. 
"(1) CIVIL PENALTIES.—A potentially responsible party which is a 
party to an administrative order or consent decree entered pursuant 
to an Eigreement under this section or section 120 (relating to 
Federal facilities) or which is a party to an agreement under section 
120 and which fails or refuses to comply with any term or condition 
of the order, decree or agreement shall be subject to a civil penalty 
in accordance with section 109. 
100 STAT. 1688 
PUBLIC LAW 99-499—OCT. 17, 1986 
"(m) APPUCABIUTY OF GENERAL PRINCIPLES OF LAW.—In the CEise 
of consent decrees and other settlements under this section (includ-
ing covenants not to sue), no provision of this Act shall be construed 
to preclude or otherwise affect the applicability of general principles 
of law regarding the setting aside or modification of consent decrees 
or other settlements.". 
42 use 9657. 
(b) CONTRIBUTION.—Section 308 of CERCLA is amended by adding 
the following at the end thereof: "If an administrative settlement 
under section 122 has the effect of limiting any person's right to 
obtain contribution from any party to such settlement, and if the 
effect of such limitation would constitute a taking without just 
compensation in violation of the fifth amendment of the Constitu-
tion of the United States, such person shall not be entitled, under 
other laws of the United States, to recover compensation from the 
United States for such taking, but in any such case, such limitation 
on the right to obtain contribution shall be treated as having no 
force and effect.". 
42 use 9623. 
SEC. 123. REIMBURSEMENT TO LOCAL GOVERNMENTS. 
(a) Title I of CERCLA is amended by adding the following after 
section 122: 
"SEC. 123. REIMBURSEMENT TO LOCAL GOVERNMENTS. 
"(a) APPUCATION.—Any general purpose unit of local government 
for a political subdivision which is affected by a release or threat-
ened release at any facility may apply to the President for re-
imbursement under this section. 
"(b) REIMBURSEMENT.— 
President of U.S. 
"(1) TEMPORARY EMERGENCY MEASURES.—The President is au-
thorized to reimburse local community authorities for expenses 
incurred (before or after the enactment of the Superfund 
Amendments and Reauthorization Act of 1986) in carrying out 
temporary emergency measures necessary to prevent or miti-
gate injury to human health or the environment associated with 
the release or threatened release of any hazardous substance or 
pollutant or contaminant. Such measures may include, where 
appropriate, security fencing to limit access, response to fires 
V,,| ...^ f i 
and explosions, and other measures which require immediate 
response at the local level. 
"(2) LOCAL FUNDS NOT SUPPLANTED.—Reimbursement under 
this section shall not supplant local funds normally provided for 
response. 
"(c) AMOUNT.—The amount of any reimbursement to any local 
authority under subsection (bXD may not exceed $25,000 for a single 
response. The reimbursement under this section with respect to a 
single facility shall be limited to the units of local government 
having jurisdiction over the political subdivision in which the facil-
ity is located. 
"(d) PROCEDURE.—Reimbursements authorized pursuant to this 
section shall be in accordance with rules promulgated by the 
Administrator within one year after 
the enactment of the 
Superfund Amendments and Reauthorization Act of 1986.". 
SEC. 124. METHANE RECOVERY. 
(a) IN GENERAL.—Title I of CERCLA is amended by adding the 
following new section after section 123: 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1689 
"SEC. 124. METHANE RECOVERY. 
"(a) IN GENERAL.—In the case of a facility at which equipment for 
the recovery or processing (including recirculation of condensate) of 
methane has been installed, for purposes of this Act: 
"(1) The OMmer or operator of such equipment shall not be 
considered an 'owner or operator', as defined in section 101(20), 
with respect to such facility. 
"(2) The owner or operator of such equipment shall not be 
considered to have arrsmged for disposal or treatment of any 
hazardous substance at such facility pursuant to section 107 of 
this Act. 
"(3) The owner or operator of such equipment shall not be 
subject to any action under section 106 with respect to such 
facility. 
"(b) EXCEPTIONS.—Subsection (a) does not apply with respect to a 
release or threatened release of a hazardous substance from a 
facility described in subsection (a) if either of the following cir-
cumstances exist: 
"(1) The release or threatened release was primarily caused 
by activities of the owner or operator of the equipment de-
scribed in subsection (a). 
"(2) The owner or operator of such equipment would be 
covered by paragraph (1), (2), (3), or (4) of subsection (a) of 
section 107 with respect to such release or threatened release if 
he were not the owner or operator of such equipment. 
In the case of any release or threatened release referred to in 
paragraph (1), the owner or operator of the equipment described in 
subsection (a) shall be liable under this Act only for costs or dam-
ages primarily caused by the activities of such owner or operator.", 
(b) REGULATION UNDER THE SOUD WASTE DISPOSAL ACT.—Unless 
the Administrator of the Environmental Protection Agency promul-
gates regulations under subtitle C of the Solid Waste Disposal Act 
addressing the extraction of wastes from landfills as part of the 
process of recovering methane from such landfills, the owner and 
operator of equipment used to recover methane from a landfill shall 
not be deemed to be managing, generating, transporting, treating, 
storing, or disposing of hazardous or liquid wastes within the mean-
ing of that subtitle. If the aqueous or hydrocarbon phase of the 
condensate or any other waste material removed from the gas 
recovered from the landfill meets any of the characteristics identi-
fied under section 3001 of subtitle C of the Solid Waste Disposal Act, 
the preceding sentence shall not apply and such condensate phase or 
other waste material shall be deemed a hazardous waste under that 
subtitle, and shall be regulated accordingly. 
SEC. 125. CERTAIN SPECIAL STUDY WASTES. 
Title I of CERCLA is amended by adding the following new section 
after section 124: 
"SEC. 125. SECTION SOOKbKSKAKi) WASTE. 
"(a) REVISION OF HAZARD RANKING SYSTEM.—This section shall 
apply only to facilities which are not included or proposed for 
inclusion on the National Priorities List and which contain substan-
tial volumes of waste described in section 3001(bX3XAXi) of the Solid 
Waste Disposal Act. As expeditiously as practicable, the President 
shall revise the hazard ranking system in effect under the National 
Contingency Plan with respect to such facilities in a manner which 
Waste disposal. 
42 u s e 9624. 
42 use 9607. 
42 use 9606. 
42 use 6921 
note. 
42 use 6921. 
42 use 6921. 
President of U.S. 
42 u s e 9625. 
100 STAT. 1690 
PUBLIC LAW 99-499—OCT. 17, 1986 
- < 
assures appropriate consideration of each of the following site-
specific characteristics of such facilities: 
"(1) The quantity, toxicity, and concentrations of hsizardous 
constituents which are present in such weiste and a comparison 
thereof with other wastes. 
"(2) The extent of, and potential for, release of such hazardous 
constituents into the environment. 
pi 
"(3) The degree of risk to human health and the environment 
posed by such constituents. 
"(b) INCLUSION PROHIBITED.—Until the hazard ranking system is 
-iv 
. ; 
revised as required by this section, the President may not include on 
the National Priorities List any facility which contains substantial 
volumes of waste described in section 3001(b)(3)(A)(i) of the Solid 
42 use 6921. 
Waste Disposal Act on the basis of an evaluation made principally 
on the volume of such waste and not on the concentrations of the 
hazardous constituents of such waste. Nothing in this section shall 
be construed to affect the President's authority to include any such 
facility on the National Priorities List based on the presence of 
other substances at such facility or to exercise any other authority 
of this Act with respect to such other substances.". 
SEC. 126. WORKER PROTECTION STANDARDS. 
29 use 655 note. 
(a) PROMULGATION.—Within One year after the date of the enact-
ment of this section, the Secretary of Labor shall, pursuant to 
29 use 655. 
section 6 of the Occupational Safety and Health Act of 1970, promul-
gate standards for the health and safety protection of employees 
engaged in hazardous waste operations. 
Regulations. 
(b) PROPOSED STANDARDS.—The Secretary of Labor shall issue 
proposed regulations on such standards which shall include, but 
need not be limited to, the following worker protection provisions: 
(1) SITE ANALYSIS.—Requirements for a formal hazard analy-
, :;; 
sis of the site and development of a site specific plan for worker 
protection. 
(2) TRAINING.—Requirements for contractors to provide initial 
and routine training of workers before such workers are per-
mitted to engage in hazardous waste operations which would 
expose them to toxic substances. 
(3) MEDICAL SURVEILLANCE.—A program of regular medical 
examination, monitoring, and surveillance of workers engaged 
in hazardous waste operations which would expose them to 
- toxic substances. 
(4) PROTECTIVE EQUIPMENT.—Requirements for appropriate 
personal protective equipment, clothing, and respirators for 
work in hazardous waste operations. 
(5) ENGINEERING CONTROLS.—Requirements for engineering 
controls concerning the use of equipment and exposure of work-
f?;: ers engaged in hazardous waste operations. 
(6) MAXIMUM EXPOSURE UMITS.—Requirements for maximum 
exposure limitations for workers engaged in hazardous waste 
'•'; 
operations, including necessary monitoring and assessment 
procedures. 
«
*
> 
(7) INFORMATIONAL PROGRAM.—A program to inform workers 
engaged in hazardous waste operations of the nature and degree 
of toxic exposure likely as a result of such hazardous waste 
operations. 
(8) HANDLING.—Requirements for the handling, transporting, 
labeling, and disposing of hazardous w£istes. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1691 
(9) NEW TECHNOLOGY PROGRAM.—A program for the introduc-
tion of new equipment or technologies that will maintain 
worker protections. 
(10) DECONTAMINATION PROCEDURES.—Procedures for decon-
tamination. 
, 
(11) EMERGENCY RESPONSE.—Requirements for emergency re-
sponse and protection of workers engaged in hazardous waste 
operations. 
(c) FINAL REGULATIONS.—Final regulations under subsection (a) Effective date. 
shall take effect one year after the date they are promulgated. In 
promulgating final regulations on standards under subsection (a), 
the Secretary of Labor shall include each of the provisions listed in 
paragraphs (1) through (11) of subsection (b) unless the Secretary 
' 
determines that the evidence in the public record considered as a 
whole does not support inclusion of any such provision. 
(d) SPECIFIC TRAINING STANDARDS.— 
t.d 
'^ 
(1) 
OFFSITE 
INSTRUCTION; 
FIELD 
EXPERIENCE.—Standards 
^ 
promulgated under subsection (a) shall include training stand-
^ 
ards requiring that general site workers (such as equipment 
operators, general laborers, and other supervised personnel) 
engaged in hazardous substance removal or other activities 
which expose or potentially expose such workers to hazardous 
substances receive a minimum of 40 hours of initial instruction 
off the site, and a minimum of three da3rs of actual field 
experience under the direct supervision of a trained, experi-
enced supervisor, at the time of assignment. The requirements 
of the preceding sentence shall not apply to any general site 
ill 
worker who has receive^ the equivalent of such training. Work-
ers who may be exposed to unique or special hazards shall be 
provided additional training. 
(2) TRAINING OF SUPERVISORS.—Standards promulgated under 
subsection (a) shall include training standards requiring that 
f 
onsite managers and supervisors directly responsible for the 
f' 
hazardous waste operations (such as foremen) receive the same 
training as general site workers set forth in paragraph (1) of 
ic 
this subsection and at least eight additional hours of specialized 
training on managing hazardous waste operations. The require-
ments of the preceding sentence shall not apply to any person 
who has received the equivalent of such training. 
' • 
(3) CERTIFICATION; ENFORCEMENT.—Such training standards 
shall contain provisions for certifjdng that general site workers, 
? 
onsite managers, and supervisors have received the specified 
training and shall prohibit any individual who has not received 
the specified training from engaging in hazardous waste oper-
ations covered by the standard. 
-r 
(4) TRAINING OF EMERGENCY RESPONSE PERSONNEL.—Such 
training standards shall set forth requirements for the training 
of workers who are responsible for responding to hazardous 
emergency situations who may be exposed to toxic substances in 
> E carrying out their responsibilities. 
« • ^ ' 
(e) INTERIM REGULATIONS.—The Secretary of Labor shall issue 
interim final regulations under this section within 60 days after the 
enactment of this section which shall provide no less protection 
under this section for workers employed by contractors and emer-
gency response workers than the protections contained in the 
•
" 
Environmental Protection Agency Manual (1981) "Health and 
Safety Requirements for Employees Engaged in Field Activities" 
100 STAT. 1692 
PUBLIC LAW 99-499—OCT. 17, 1986 
and existing standards under the Occupational Safety and Health 
29 use 651 note. Act of 1970 found in subpart C of part 1926 of title 29 of the Code of 
Effective date. 
Federal Regulations. Such interim final regulations shall take effect 
upon issuance and shall apply until final regulations become effec-
tive under subsection (c). 
Waste disposal. 
(f) COVERAGE OF CERTAIN STATE AND LoCAL EMPLOYEES.—Not later 
Safety. 
than 90 days after the promulgation of final regulations under 
subsection (a), the Administrator shall promulgate standards iden-
tical to those promulgated by the Secretary of Labor under subsec-
tion (a). Standards promulgated under this subsection shall apply to 
employees of State and local governments in each State which does 
not have in effect an approved State plan under section 18 of the 
29 use 667. 
Occupational Safety and Health Act of 1970 providing for standards 
for the hesilth and safety protection of employees engaged in hazard-
ous waste operations. 
42 u s e 9660a. 
(g) G R A N T PROGRAM.— 
(1) GRANT PURPOSES.—Grants for the training and education 
of workers who are or may be engaged in activities related to 
hazardous waste removal or containment or emergency re-
sponse may be made under this subsection. 
(2) ADMINISTRATION.—Grants under this subsection shall be 
administered by the Nationsd Institute of Environmental 
Health Sciences. 
Waste disposal. 
(3) GRANT RECIPIENTS.—Grants shall be awarded to nonprofit 
organizations which demonstrate experience in implementing 
and operating worker health and safety training and education 
programs and demonstrate the ability to reach and involve in 
training programs target populations of workers who are or will 
I be engaged in hazardous waste removal or containment or 
emergency response operations. 
SEC. 127. LIABILITY LIMITS FOR OCEAN INCINERATION VESSELS. 
42 use 9601. 
(a) DEFINITION OF INCINERATION VESSEL.—Section 101 of CERCLA 
is amended by adding the following after paragraph (37): 
"(38) The term 'incineration vessel' means any vessel which 
carries hazardous substances for the purpose of incineration of 
such substances, so long as such substances or residues of such 
substsmces are on board.". 
42 use 9607. 
(b) LiABiuTY.—Section 107 of CERCLA is amended as follows: 
(1) Subsection (aX3) is amended by inserting "or incineration 
vessel" after "facility". 
(2) Subsection (a)(4) is amended by inserting ", incineration 
vessels" after "facilities". 
(3) Subparagraph (A) of subsection (cXl) is amended by insert-
ing ", other than an incineration vessel," after "vessel". 
(4) Subparagraph (B) of subsection (c)(1) is amended by insert-
ing "other than an incineration vessel," after "other vessel,". 
(5) Subparagraph (D) of subsection (c)(1) is amended by insert-
ing "any incineration vessel or" before "any facility". 
42 use 9608. 
(c) FINANCIAL RESPONSIBIUTY.—Section 108(a) of CERCLA is 
amended as follows: 
(1) Paragraph (1) is amended by inserting "to cover the liabil-
ity prescribed under paragraph (1) of section 107(a) of this Act" 
after "whichever is greater)"; 
President of U.S. 
(2) Add a new paragraph to read as follows: 
"(4) In addition to the financial responsibility provisions of 
paragraph (1) of this subsection, the President shall require 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1693 
additional evidence of financial responsibility for incineration 
vessels in such amounts, and to cover such liabilities recognized 
by law, as the President deems appropriate, taking into account 
the potential risks posed by incineration and transport for 
incineration, and any other factors deemed relevant.". 
(d) SAVINGS CLAUSE.—Section 106 of the Marine Protection, 
33 use 1416. 
Research, and Sanctuaries Act of 1972 is amended by adding the 
following new subsection at the end thereof: 
"(g) SAVINGS CLAUSE.—Nothing in this Act shall restrict, affect or State and local 
modify the rights of any person (1) to seek damages or enforcement 
governments, 
of any standard or limitation under State law, including State 
common law, or (2) to seek damages under other Federal law, 
including maritime tort law, resulting from noncompliance with any 
requirement of this Act or any permit under this Act.". 
(e) MARITIME TORT.—Section 107(h) of CERCLA is amended by 42 use 9607. 
inserting ", under maritime tort law," after "with this section" and 
by inserting before the period "or the absence of any physical 
damage to the proprietary interest of the claimant". 
TITLE II—MISCELLANEOUS PROVISIONS 
SEC. 201. POST-CLOSURE LIABILITY PROGRAM STUDY, REPORT TO CON-
GRESS, AND SUSPENSION OF LIABILITY TRANSFERS. 
Subsection (k) of section 107 of CERCLA is amended by adding at 
42 USe 9607. 
the end the following new paragraphs: 
"(5) SUSPENSION OF UABIUTY TRANSFER.—Notwithstanding 
paragraphs (1), (2), (3), and (4) of this subsection and subsection 
(j) of section 111 of this Act, no liability shall be transferred to 
or assumed by the Post-Closure Liability Trust Fund established 
by section 282 of this Act prior to completion of the study 
42 use 9641. 
required under paragraph (6) of this subsection, transmission of 
' 
a report of such study to both Houses of Congress, and 
authorization of such a transfer or assumption by Act of Con-
gress following receipt of such study and report. 
"(6) STUDY OF OPTIONS FOR POST-CLOSURE PROGRAM.— 
"(A) STUDY.—The Comptroller General shall conduct a 
- . 
study of options for a program for the management of the 
liabilities associated with hazardous waste treatment, stor-
age, and disposal sites after their closure which com-
plements the policies set forth in the Hazardous and Solid 
"*•'*•*' 
Waste Amendments of 1984 and assures the protection of 42USe690l 
human health and the environment. 
^°^-
"(B) PROGRAM ELEMENTS.—The program referred to in 
subparagraph (A) shall be designed to assure each of the 
^
.
r
-
foUowing: 
*
; -
* 
"(i) Incentives are created and maintained for the 
safe management and disposal of hazardous wastes so 
.. 
« 
,1^ 
as to assure protection of human health and the 
environment. 
rt-w =•.•.•': :> 
"(ii) Members of the public will have reasonable 
confidence that hazardous wastes will be managed and 
C 
disposed of safely and that resources will be available 
to address any problems that may arise and to cover 
costs of long-term monitoring, care, and maintenance 
.,.. ^, .«>... of such sites. 
100 STAT. 1694 
PUBLIC LAW 99-499—OCT. 17, 1986 
" "(iii) Persons who are or seek to become owners and 
operators of hazardous waste disposal facilities will be 
able to manage their potential future liabilities and to 
attract the investment capital necessary to build, oper-
ate, and close such facilities in a manner which assures 
>F'; ci: 
protection of human health and the environment. 
•:>^- 
"(C) ASSESSMENTS.—The study under this paragraph shall 
include assessments of treatment, storage, and disposal 
facilities which have been or are likely to be issued a permit 
42 use 6925. 
under section 3005 of the Solid Waste Disposal Act and the 
likelihood of future insolvency on the part of owners and 
operators of such facilities. Separate assessments shall be 
made for different classes of facilities and for different 
classes of land disposal facilities and shall include but not 
•^r . 
be limited to— 
"(i) the current and future financial capabilities of 
i',", f 
facility owners and operators; 
"(ii) the current and future costs associated with 
facilities, including the costs of routine monitoring and 
maintenance, compliance monitoring, corrective action, 
natural resource damages, and liabUity for damages to 
.
! • > - 
third parties; and 
"(iii) the availabUity of mechanisms by which owners 
and operators of such facilities can assure that current 
and future costs, including post-closure costs, will be 
financed. 
"(D) I'ROCEDURES.—In carrying out the responsibilities of 
this paragraph, the Comptroller (]reneral shall consult with 
the Administrator, the Secretary of (Commerce, the Sec-
retary of the Treasury, and the heads of other appropriate 
* " ' 
' 
Federal agencies. 
"(E) CONSIDERATION OF OPTIONS.—In conducting the study 
•' 
under this paragraph, the Ck)mptroller Greneral shall con-
sider various mechanisms and combinations of mechanisms 
to complement the policies set forth in the Hazardous and 
42 use 6901 
Solid Waste Amendments of 1984 to serve the purposes set 
note. 
- 
forth in subparagraph (B) and to assure that the current 
and future costs associated with hazardous waste facilities, 
including post-closure costs, will be adequately financed 
and, to the greatest extent possible, borne by the owners 
and operators of such facilities. Mechanisms to be consid-
" ' 
'^- 
ered include, but are not limited t o ^ 
"(i) revisions to closure, post-closure, and financial 
responsibility requirements under subtitles C and I of 
42 use 6921, 
the Solid Waste Disposal Act; 
"(ii) voluntary risk pooling by owners and operators; 
"(iii) legislation to require risk pooling by owners and 
operators; 
"(iv) modification of the Post-Closure Liability Trust 
42 use 9641. 
P\md previously established by section 232 of this Act, 
^
' 
and the conditions for transfer of liability under this 
subsection, including limiting the transfer of some or 
all liability under this subsection only in the case of 
insolvency of owners and operators; 
"(v) private insurance; 
"(vi) insurance provided by the Federal Government; 
6991. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1695 
"(vii) coinsurance, reinsurance, or pooled-risk insur-
ance, whether provided by the private sector or pro-
vided or assisted by the Federal Government; and 
"(viii) creation of a new program to be administered 
by a new or existing Federal agency or by a federally 
chartered corporation. 
4 
"(F) RECOMMENDATIONS.—The Comptroller General shall 
consider options for funding any program under this section 
and shall, to the extent necessary, make recommendations 
to the appropriate committees of Congress for additional 
authority to implement such program.". 
SEC. 202. HAZARDOUS MATERIALS TRANSPORTATION. 
42 USC 9656. 
(a) REGULATION REQUIREMENT.—Section 306(a) of CERCLA is 
amended (1) by striking out "within ninety days after the date of 
enactment of this Act" and inserting in lieu thereof "within 30 days 
after the enactment of the Superfund Amendments and Reauthor-
ization Act of 1986" and (2) by inserting "and regulated" before "as 
a hazardous material". 
(b) CONFORMING AMENDMENT.—Section 3O60i)) of CERCLA is 
42 use 9656. 
amended by inserting "and regulation" after "prior to the effective 
date of the listing". 
SEC. 203. STATE PROCEDURAL REFORM. 
.. 
(a) IN GENERAL.—Title III of CERCLA is amended by adding the 
^' 
following new section at the end thereof: 
"SEC. 309. ACTIONS UNDER STATE LAW FOR DAMAGES FROM EXPOSURE 
42 USC 9658. 
TO HAZARDOUS SUBSTANCES. 
"(a) STATE STATUTES OF LIMITATIONS FOR HAZARDOUS SUBSTANCE 
CASES.— 
"(1) EXCEPTION TO STATE STATUTES.—In the case of any action 
;, brought under State law for personal injury, or property dam- 
/ r 
f 
ages, which are caused or contributed to by exposure to any 
hazardous substance, or pollutant or contaminant, released into 
the environment from a facility, if the applicable limitations 
period for such action (as specified in the State statute of 
' 
limitations or under common law) provides a commencement 
date which is earlier than the federally required commence-
"^' ment date, such period shall commence at the federally re-
quired commencement date in lieu of the date specified in such 
State statute. 
« ; 
"(2) STATE LAW GENERALLY APPUCABLE.—Except as provided 
in paragraph (1), the statute of limitations established under 
State law shall apply in all actions brought under State law for 
personal injury, or property damages, which are caused or 
contributed to by exposure to any hazardous substance, or 
pollutant or contaminant, released into the environment from a 
facility. 
"(3) ACTIONS UNDER SECTION IO7.—Nothing in this section 
;. v^ 
shall apply with respect to any cause of action brought under 
section 107 of this Act. 
42 USC 9607. 
"(b) DEFINITIONS.—As used in this section— 
"(1) TITLE I TERMS.—The terms used in this section shall have 
the same meaning as when used in title I of this Act. 
42 USC 9601. 
"(2) APPLICABLE UMITATIONS PERIOD.—The term 'applicable 
- limitations period' means the period specified in a statute of 
100 STAT. 1696 
PUBLIC LAW 99-499—OCT. 17, 1986 
limitations during which a civil action referred to in subsection 
(a)(1) may be brought. 
"(3) COMMENCEMENT DATE.—The term 'commencement date' 
•' 
means the date specified in a statute of limitations as the 
beginning of the applicable limitations period. 
"(4) FEDERALLY REQUIRED COMMENCEMENT DATE.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
s 
(B), the term 'federally required commencement date' 
means the date the plaintiff knew (or reasonably should 
>> •• 
have known) that the personal injury or property damages 
referred to in subsection (aXD were caused or contributed to 
-,.,. 
by the hazardous substance or pollutant or contaminant 
concerned. 
"(B) SPECIAL RULES.—In the case of a minor or incom-
petent plaintiff, the term 'federally required commence-
ment date' means the later of the date referred to in 
subparagraph (A) or the following: 
"(i) In the case of a minor, the date on which the 
minor reaches the age of majority, as determined by 
r: H
^ .: 
i 
• • , ' State law, or has a legal representative appointed. 
• ' 
"(ii) In the case of an incompetent individual, the 
date on which such individual becomes competent or 
has had a legal representative appointed.". 
42 use 9658 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) of 
"ote- 
this section shall take effect with respect to actions brought after 
December 11,1980. 
42 use 9631. 
SEC. 204. CONFORMING AMENDMENT TO FUNDING PROVISIONS. 
' 
• 
Post, p. 1774. 
(a) 
HAZARDOUS 
SUBSTANCES 
SUPERFUND.—Section 
221(a) of 
CERCLA is amended by striking out "Hazardous Substance Re-
sponse Trust Fund" and inserting in lieu thereof "Hazardous Sub-
stances Superfund". 
Post, p. 1774. 
(b) CROSS REFERENCE TO FUNDING PROVISIONS.—Section 221(c) of 
CERCLA is amended to read as follows: 
"(c) EXPENDITURES FROM TRUST FUND.—Amounts in the Hazard-
ous Substances Superfund established under subchapter A of chap-
26 use 9501. 
ter 98 of the Internal Revenue Code of 1954 shall be available for 
Ante, p. 1642. 
expenditure only as provided in section 111 of this Act.". 
SEC. 205. CLEANUP OF PETROLEUM FROM LEAKING UNDERGROUND STOR-
AGE TANKS. 
42 use 6991. 
(a) DEFINITION OF PETROLEUM.—Section 9001(2)(B) of the Solid 
Waste Disposal Act is amended by striking out all that follows 
"petroleum" and inserting in lieu thereof a period. Section 9001 of 
such Act is amended by adding at the end thereof the following: 
"(8) The term 'petroleum means petroleum, including crude 
oil or any fraction thereof which is liquid at standard conditions 
of temperature and pressure (60 degrees Fahrenheit and 14.7 
pounds per square inch absolute).". 
42 use 6991a. 
0^) STATE INVENTORIES.—Section 9002 of the Solid Waste Disposal 
Act is amended by adding the following new subsection at the end 
thereof: 
"(c) STATE INVENTORIES.—Each State shall make 2 separate inven-
tories of all underground storage tanks in such State containing 
i>:5«j;vij i 
regulated substances. One inventory shall be made with respect to 
petroleum and one with respect to other regulated substances. In 
making such inventories, the State shall utilize and aggregate the 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1697 
data in the notification forms submitted pursuant to subsections (a) 
and (b) of this section. Each State shall submit such aggregated data 
to the Administrator not later than 270 days after the enactment of 
the Superfund Amendments and Reauthorization Act of 1986.". 
(c) FINANCIAL RESPONSIBILITY.— 
(1) REQUIREMENTS.—Section 9003(c) of the Solid Waste Dis- 
42 use 699ib. 
posal Act is amended by striking "and" at the end of paragraph 
(4), striking the period at the end of paragraph (5) and substitut-
ing "; and" and by adding the following new paragraph at the 
end thereof: 
"(6) requirements for maintaining evidence of 
financial 
responsibility for taking corrective action and compensating 
third parties for bodily injury and property damage caused by 
sudden and nonsudden accidental releases arising from operat-
"
* ing an underground storage tank.". 
(2) CONFORMING AMENDMENT.—Section 9003(d) of such Act is 
^ amended .by striking out paragraph (1) and renumbering 
> paragraphs (2) through (5) as paragraphs (1) through (4), 
respectively. 
(3) OTHER METHODS.—Section 9003(dXl) of such Act (as 
redesignated by paragraph (2) of this subsection) is amended by 
striking out "or" after "credit," and by striking out the period 
at the end thereof and inserting in lieu thereof the following: 
£ 
"or any other method satisfactory to the Administrator.". 
(4) Section 9003(d) of such Act is further amended by adding 
at the end thereof the following new paragraph: 
"(5XA) The Administrator, in promulgating financial respon- 
Regulations, 
sibility regulations under this section, may establish an amount 
of coverage for particular classes or categories of underground 
^ 
storage tanks containing petroleum which shall satisfy such 
regulations and which shall not be less than $1,000,000 for each 
occurrence with an appropriate aggregate requirement. 
'^ 
"(B) The Administrator may set amounts lower than the 
Z 
amounts required by subparagraph (A) of this paragraph for 
underground storage tanks containing petroleum which are at 
facilities not engaged in petroleum production, refining, or 
^ 
marketing and which are not used to handle substantial quan-
A titles of petroleum. 
"(C) In establishing classes and categories for purposes of this 
paragraph, the Administrator may consider the following 
factors: 
"(i) The size, type, location, storage, £md handling capac-
''. 
ity of underground storage tanks in the class or category 
and the volume of petroleum handled by such tanks. 
"(ii) The likelihood of release and the potential extent of 
damage from any release from underground storage tanks 
in the class or category. 
"(iii) The economic impact of the limits on the owners and 
Small business. 
operators of each such class or category, particularly relat- 
Marketing. 
ing to the small business segment of the petroleum 
marketing industry. 
\ 
"(iv) The availability of methods of financial responsibil-
. 
ity in amounts greater than the amount established by this 
paragraph. 
"(v) Such other factors as the Administrator deems 
pertinent. 
100 STAT. 1698 
PUBLIC LAW 99-499—OCT. 17, 1986 
42 use 6991c. 
42 use 6991b. 
State and local 
governments. 
"(D) The Administrator may suspend enforcement of the 
financial responsibility requirements for a particular class or 
category of underground storage tanks or in a particular State, 
if the Administrator makes a determination that methods of 
financial 
responsibility satisfying the requirements of this 
subsection are not generally available for underground storage 
fit tanks in that class or category, and— 
ir 
"(i) steps are being taken to form a risk retention group 
for such class of tanks; or 
"(ii) such State is taking steps to establish a fund pursu-
I,; 
ant to section 9004(cXl) of this Act to be submitted as 
evidence of financial responsibility. 
V A suspension by the Administrator pursuant to this paragraph 
; shall extend for a period not to exceed 180 days. A determina-
tion to suspend may be made with respect to the same class or 
l^^ category or for the same State at the end of such period, but 
.; only if substantial progress has been made in establishing a risk 
retention group, or the owners or operators in the class or 
category demonstrate, and the Administrator finds, that the 
,,. formation of such a group is not possible and that the State is 
unable or unwilling to establish such a fund pursuant to clause 
(ii).". 
(d) EPA RESPONSE PROGRAM.—Section 9003 of the Solid Waste 
Disposal Act is amended by adding after subsection (g) the following 
new subsection: 
"(h) EPA RESPONSE PROGRAM FOR PETROLEUM.— 
"(1) BEFORE REGULATIONS.—Before the effective date of regula-
tions under subsection (c), the Administrator (or a State pursu-
ant to paragraph (7)) is authorized to— 
'(A) require the owner or operator of an underground 
storage tank to undertake corrective action with respect to 
' 
any release of petroleum when the Administrator (or the 
State) determines that such corrective action will be done 
properly and promptly by the owner or operator of the 
underground storage tank from which the release occurs; or 
"] 
"(B) undertake corrective action with respect to any re-
' 
lease of petroleum into the environment from an under-
*
^ 
ground storage tank if such action is necessary, in the 
judgment of the Administrator (or the State), to protect 
human health and the environment. 
The corrective action undertaken or required under this para-
graph shall be such as may be necessary to protect human 
' health and the environment. The Administrator shall use funds 
• in the Leaking Underground Storage Tank Trust Fund for 
payment of costs incurred for corrective action under subpara-
graph (B), enforcement action under subparagraph (A), and cost 
^' recovery under paragraph (6) of this subsection. Subject to the 
priority requirements of paragraph (3), the Administrator (or 
"^i the State) shall give priority in undertaking such actions under 
subparagraph (B) to cases where the Administrator (or the 
State) cannot identify a solvent owner or operator of the tank 
who will undertake action properly. 
"(2) AFTER REGULATIONS.—Following the effective date of 
;?• regulations under subsection (c), all actions or orders of the 
Administrator (or a State pursuant to paragraph (7)) described 
' in paragraph (1) of this subsection shall be in conformity with 
such regulations. Following such effective date, the Adminis-
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1699 
trator (or the State) may undertake corrective action with 
respect to any release of petroleum into the environment from 
an underground storage tank only if such action is necessary, in 
the judgment of the Administrator (or the State), to protect 
human health and the environment and one or more of the 
following situations exists: 
"(A) No person can be found, within 90 days or such 
shorter period as may be necessary to protect human health 
and the environment, who is— 
"(i) an owner or operator of the tank concerned, 
"(ii) subject to such corrective action regulations, and 
"(iii) capable of canying out such corrective action 
properly. 
"(B) A situation exists which requires prompt action by 
the Administrator (or the State) imder this paragraph to 
protect human health and the environment. 
"(C) Corrective action costs at a facility exceed the 
amoimt of coverage required by the Administrator pursu-
ant to the provisions of subsections (c) and (dX5) of this 
section and, considering the class or category of under-
ground storage tank from which the release occurred, 
expenditures from the Leaking Undei^ound Storeige Tank 
Trust Fund are necessary to assure an effective corrective 
action. 
"(D) The owner or operator of the tank has failed or 
refused to comply with an order of the Administrator under 
this subsection or section 9006 or with the order of a State 
under this subsection to comply with the corrective action 
r^ulations. 
"(3) PRIORITY OF CORRECTIVE ACTIONS.—The Administrator (or 
a State pursuant to paragraph (7)) shall give priority in under-
taking corrective actions under this subsection, and in issuing 
orders requiring owners or operators to imdertake such actions, 
to releases of petroleum from underground storage tanks which 
pose the greatest threat to human health and the environment. 
"(4) C
k
)
R
R
E
C
T
i
V
E A
C
T
I
O
N ORDERS.—The Administrator is au-
thorized to issue orders to the owner or operator of an under-
ground storage tank to carry out subparagraph (A) of paragraph 
(1) or to cany out r^^ations issued under subsection (cX4). A 
State acting pursuant to paragraph (7) of this subsection is 
authorized to carry out subparagraph (A) of paragraph (1) only 
until the State's prc^ram is approved by the Administrator 
under section 9004 of this subtitle. Such orders shall be issued 
and enforced in the same manner and subject to the same 
requirements as orders under section 9006. 
(5) ALLOWABLE CORRECTIVE ACTIONS.—The corrective actions 
undertaken by the Administrator (or a State pursuant to para-
graph (7)) under paragraph (1) or (2) may include temporary or 
permanent relocation of residents and alternative household 
water supplies. In connection with the performance of any 
corrective action under paragraph (1) or (2), the Administrator 
may undertake an exposure assessment as defined in paragraph 
(10) of this subsection or provide for such an assessment in a 
cooperative agreement with a State pursuant to paragraph (7) of 
this subsection. The costs of any such assessment may be 
treated as corrective action for purposes of paragraph (6), relat-
ing to cost recovery. 
42 use 6991e. 
42 use 6991c. 
100 STAT. 1700 
PUBLIC LAW 99-499—OCT. 17, 1986 
33 use 1321. 
Contracts. 
"(6) RECOVERY OF COSTS.— 
"(A) IN GENERAL.—Whenever costs have been incurred by 
the Administrator, or by a State pursuant to paragraph (7), 
for undertaking corrective action or enforcement action 
with respect to the release of petroleum from an under-
ground storage tank, the owner or operator of such tank 
shall be liable to the Administrator or the State for such 
costs. The liability under this paragraph shall be construed 
to be the standard of liability which obtains under section 
311 of the Federal Water Pollution Control Act. 
"(B) RECOVERY.—In determining the equities for seeking 
the recovery of costs under subparagraph (A), the Adminis-
trator (or a State pursuant to paragraph (7) of this subsec-
tion) may consider the amount of financial responsibility 
required to be maintained under subsections (c) and (d)(5) of 
this section and the factors considered in establishing such 
amount under subsection (dX5). 
"(C) EFFECT ON UABIUTY.— 
"(i) No TRANSFERS OF UABIUTY.—No indemnification, 
hold harmless, or similar agreement or conveyance 
shall be effective to transfer from the owner or opera-
tor of any underground storage tank or from any 
person who may be liable for a release or threat of 
release under this subsection, to any other person the 
liability imposed under this subsection. Nothing in this 
subsection shall bar any agreement to insure, hold 
harmless, or indemnify a party to such agreement for 
any liability under this section. 
"(ii) No B
A
R T
O CAUSE OF ACTION.—Nothing in this 
subsection, including the provisions of clause (i) of this 
subparagraph, shall bar a cause of action that an owner 
or operator or any other person subject to liability 
under this section, or a guarantor, has or would have, 
by reason of subrogation or otherwise against any 
person. 
"(D) FACIUTY.—For purposes of this paragraph, the term 
'facility' means, with respect to any owner or operator, all 
underground storage tanks used for the storage of petro-
leum which are owned or operated by such owner or opera-
tor and located on a single parcel of property (or on any 
contiguous or adjacent property). 
"(7) STATE AUTHORITIES.— 
"(A) GENERAL.—A State may exercise the authorities in 
paragraphs (1) and (2) of this subsection, subject to the 
terms and conditions of paragraphs (3), (5), (9), (10), and (11), 
and including the authorities of paragraphs (4), (6), and (8) 
of this subsection if— 
"(i) the Administrator determines that the State has 
the capabilities to carry out effective corrective actions 
and enforcement activities; and 
"(ii) the Administrator enters into a cooperative 
agreement with the State setting out the actions to be 
undertaken by the State. 
The Administrator may provide funds from the Leaking 
Underground Storage Tank Trust Fund for the reasonable 
costs of the State's actions under the cooperative 
agreement. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1701 
"(B) COST SHARE.—Following the effective date of the 
regulations under subsection (c) of this section, the State 
shall pay 10 per centum of the cost of corrective actions 
undertaken either by the Administrator or by the State 
under a cooperative agreement, except that the Adminis-
trator may take corrective action at a facility where imme-
diate action is necessary to respond to an imminent and 
substantial endangerment to human health or the environ-
ment if the State fails to pay the cost share. 
"(8) 
EMERGENCY PROCUREMENT POWERS.—Notwithstanding 
any other provision of law, the Administrator may authorize 
the use of such emergency procurement powers as he deems 
necessary. 
"(9) DEFINITION OF OWNER.—As used in this subsection, the 
term 'owner' does not include any person who, without partici-
pating in the management of an underground storage tank and 
otherwise not engaged in petroleum production, refining, and 
marketing, holds indicia of ownership primarily to protect the 
owner's security interest in the tank. 
' 
'* 
"(10) DEFINITION OF EXPOSURE ASSESSMENT.—As used in this 
subsection, the term 'exposure assessment' means an assess-
ment to determine the extent of exposure of, or potential for 
exposure of, individuals to petroleum from a release from an 
underground storage tank based on such factors as the nature 
and extent of contamination and the existence of or potential 
for pathways of human exposure (including ground or surface 
water contamination, air emissions, and food chain contamina-
tion), the size of the community within the likely pathways of 
exposure, and the comparison of expected human exposure 
levels to the short-term and long-term health effects associated 
with identified contaminants and any available recommended 
exposure or tolerance limits for such contaminants. Such assess-
ment shall not delay corrective action to abate immediate haz-
ards or reduce exposure. 
"(11) FACIUTIES WITHOUT FINANCIAL RESPONSIBILITY.—At any 
facility where the owner or operator has failed to maintain 
evidence of financial responsibility in amounts at least equal to 
the amounts established by subsection (dX5XA) of this section (or 
a lesser amount if such amount is applicable to such facility as a 
result of subsection (dX5XB) of this section) for whatever reason 
the Administrator shall expend no monies from the Leaking 
Underground Storage Tank Trust Fund to clean up releases at 
such facility pursuant to the provisions of paragraph (1) or (2) of 
this subsection. At such facilities the Administrator shall use 
the authorities provided in subparagraph (A) of paragraph (1) 
and paragraph (4) of this subsection and section 9006 of this 
subtitle to order corrective action to clean up such releases. 
42 USC 699le. 
States acting pursuant to paragraph (7) of this subsection shall 
use the authorities provided in subparagraph (A) of paragraph 
(1) and paragraph (4) of this subsection to order corrective 
action to clean up such releases. Notwithstanding the provisions 
of this paragraph, the Administrator may use monies from the 
fund to take the corrective actions authorized by paragraph (5) 
of this subsection to protect human health at such facilities and 
shall seek full recovery of the costs of all such actions pursuant 
to the provisions of paragraph (6XA) of this subsection and 
without consideration of the factors in paragraph (6XB) of this 
100 STAT. 1702 
PUBLIC LAW 99-499—OCT. 17, 1986 
subsection. Nothing in this paragraph shall prevent the 
Administrator (or a State pursuant to paragraph (7) of this 
subsection) from taking corrective action at a facility where 
there is no solvent owner or operator or where immediate action 
is necessary to respond to an imminent and substantial 
endangerment of human health or the environment.". 
42 u s e 6991c. 
(e) FINANCIAL RESPONSIBIUTY IN STATE PROGRAMS.— 
(1) Section 9004(c)(1) of the Solid Waste Disposal Act is 
amended by striking out "financed by fees on tank owners and 
operators and". 
(2) Section 9004(c)(2) of the Solid Waste Disposal Act is 
amended by striking out "or" after "credit," in the first sen-
tence and by striking out the period at the end thereof and 
inserting in lieu thereof the following: "or any other method 
satisfactory to the Administrator.". Such section is further 
amended by adding after the word "terms" in the second sen-
tence the following: "including the amount of coverage required 
for various classes and categories of underground storage tanks 
Ante, p. 1697. 
pursuant to section 9003(d)(5)". 
42 u s e 6991d. 
(f) AUTHORITY TO E N T E R FOR CORRECTIVE ACTIONS.— 
(1) Section 9005(a) of the Solid Waste Disposal Act is amended 
by inserting the words "taking any corrective action" after the 
word "study", inserting the words "acting pursuant to subsec-
tion (h)(7) of section 9003 or" after the words "or representative 
of a State", striking the word "and" before the words "permit 
such officer", and inserting the words "and permit such officer 
to have access for corrective action" after the words "relating to 
such tanks" in the first sentence thereof. Such section is further 
amended by inserting the words "taking corrective action," 
after the word "study," in the second sentence thereof. 
(2) Section 9005(a) of the Solid Waste Disposal Act is amended 
by striking the word "and" at the end of paragraph (2), striking 
out the period at the end of paragraph (3) and inserting "; and", 
and adding the following new paragraph at the end thereof— 
"(4) to take corrective action.". 
(3) Section 9005 of the Solid Waste Disposal Act is amended by 
changing the heading thereof to read as follows— 
"INSPECTIONS, MONITORING, TESTING AND CORRECTIVE ACTION". 
(g) COORDINATION WITH OTHER LAWS.—Section 9008 of the Solid 
Waste Disposal Act is amended to read as follows: 
42 u s e 6991g. 
42 u s e 6991b 
note. 
STATE AUTHORITY 
"SEC. 9008. Nothing in this subtitle shall preclude or deny any 
right of any State or political subdivision thereof to adopt or enforce 
any regulation, requirement, or standard of performance respecting 
underground storage tanks that is more stringent than a regulation, 
requirement, or standard of performance in effect under this sub-
title or to impose any additional liability with respect to the release 
of regulated substances within such State or political subdivision.", 
(h) POLLUTION LIABIUTY INSURANCE.— 
(1) STUDY.—The Comptroller General shall conduct a study of 
the availability of pollution liability insurance, leak insurance, 
and contamination insurance for owners and operators of petro-
leum storage and distribution facilities. The study shall assess 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1703 
the current and projected extent to which private insurance can 
contribute to the financial responsibility of owners and opera-
tors of underground storage tanks and the ability of owners and 
operators of underground storage tanks to maintain financial 
responsibility through other methods. The study shall consider 
Maritime 
the experience of owners and operators of marine vessels in 
affairs. 
getting insurance for their liabilities under the Federal Water 
Pollution Control Act and the operation of the Water Quality 
33 USC 1251 
Insurance Syndicate. 
note. 
(2) REPORT.—The Comptroller General shall report the find-
ings under this subsection to the Congress within 15 months 
after the enactment of this subsection. Such report shall include 
recommendations for legislative or administrative changes that 
will enable owners and operators of underground storage tanks 
to maintain financial responsibility sufficient to provide all 
clean-up costs and damages that may result from reasonably 
foreseeable releases and events. 
(i) CRIMINAL PENALTIES RELATING TO USED OIL.—Subtitle C of the 
42 use 6928. 
Solid Waste Disposal Act is amended as follows: 
(1) In paragraphs (4) and (5) of section 3008(d) after "hazard-
ous WEiste" insert "or any used oil not identified or listed as a 
hazardous waste under this subtitle". 
(2) Delete "accompanied by a manifest; ; or" in paragraph (5) 
and insert "accompanied by a manifest;". 
(3) Insert "; or" after paragraph (6). 
(4) Add the following new paragraph after paragraph (6): 
"(7) knowingly stores, treats, transports, or causes to be trans-
ported, disposes of, or otherwise handles any used oil not identi-
fied or listed as a hazardous waste under subtitle C of the Solid 
Waste Disposal Act— 
42 USC 6921. 
"(A) in knowing violation of any material condition or 
requirement of a permit under this subtitle C; or 
"(B) in knowing violation of any material condition or 
requirement of any applicable regulations or standards 
under this Act;". 
(5) In section 3008(e): 
(A) Insert "or used oil not identified or listed as a hazard-
ous waste under this subtitle" immediately after "this 
subtitle". 
(B) Strike "or" immediately before "(6)". 
(C) Insert ", or (7)" immediately after "(6)". 
0') STATE PROGRAMS FOR USED OIL.—Section 3006 of the Solid 
42 use 6926. 
Waste Disposal Act is amended by adding the following new subsec-
tion at the end thereof: 
"(h) STATE PROGRAMS FOR USED OIL.—In the case of used oil which 
is not listed or identified under this subtitle as a hazardous waste 
but which is regulated under section 3014, the provisions of this 
42 use 6935. 
section regarding State programs shall apply in the same manner 
and to the same extent as such provisions apply to hazardous waste 
identified or listed under this subtitle.". 
SEC. 206. CITIZENS SUITS. 
t 
Title III of CERCLA is amended by adding the following new 
* 
section after section 309: 
100 STAT. 1704 
PUBLIC LAW 99-499—OCT. 17, 1986 
42 u s e 9659. 
Ante, p. 1650. 
District of 
Columbia. 
Courts, U.S. 
Law 
enforcement and 
crime. 
President of U.S. 
Regulations. 
42 u s e 6901 
note. 
"SEC. 310. CITIZENS SUITS. 
fv? w^*-/-. • 
-.-.^i <./;£ .>',>:; 
^•-.' 
"(a) AUTHORITY TO BRING CIVIL ACTIONS.—Except as provided in 
subsections (d) and (e) of this section and in section 113(h) (relating 
to timing of judicial review), any person may commence a civil 
action on his own behalf— 
"(1) against any person (including the United States and any 
other governmental instrumentality or agency, to the extent 
permitted by the eleventh amendment to the Constitution) who 
is alleged to be in violation of any standard, regulation, condi-
tion, requirement, or order which has become effective pursuant 
to this Act (including any provision of an agreement under 
section 120, relating to Federal facilities); or 
"(2) against the President or any other officer of the United 
States (including the Administrator of the Environmental 
Protection Agency and the Administrator of the ATSDR) where 
there is alleged a failure of the President or of such other officer 
to perform any act or duty under this Act, including an act or 
duty under section 120 (relating to Federal facilities), which is 
not discretionary with the President or such other officer. 
Paragraph (2) shall not apply to any act or duty under the provisions 
of 
section 
311 
(relating 
to 
research, 
development, 
and 
demonstration). 
"(b) V E N U E . — 
.. . 
•••:^.'- - - 
^ 
n%:. ^ -;;-o- .i 
•--•v 
"(1) ACTIONS UNDER SUBSECTION (axi).—Any action under 
subsection (a)(1) shall be brought in the district court for the 
district in which the alleged violation occurred. 
"(2) ACTIONS UNDER SUBSECTION (aX2).—Any action brought 
under subsection (a)(2) may be brought in the United States 
District Court for the District of Columbia. 
"(c) RELIEF.—The district court shall have jurisdiction in actions 
brought under subsection (a)(1) to enforce the standard, regulation, 
condition, requirement, or order concerned (including any provision 
of an agreement under section 120), to order such action as may be 
necessary to correct the violation, and to impose any civil penalty 
provided for the violation. The district court shall have jurisdiction 
in actions brought under subsection (a)(2) to order the President or 
other officer to perform the act or duty concerned. 
"(d) RULES APPUCABLE TO SUBSECTION (a)(1) ACTIONS.— 
"(1) NOTICE.—No action may be commenced under subsection 
(a)(1) of this section before 60 days after the plaintiff has given 
notice of the violation to each of the following: 
"(A) The President. 
..f' ' 
"(B) The State in which the alleged violation occurs. 
"(C) Any alleged violator of the standard, regulation, 
condition, requirement, or order concerned (including any 
provision of an agreement under section 120). 
Notice under this paragraph shall be given in such manner as 
the President shall prescribe by regulation. 
"(2) DIUGENT PROSECUTION.—No action may be commenced 
under paragraph (1) of subsection (a) if the President has com-
menced and is diligently prosecuting an action under this Act, 
or under the Solid Waste Disposal Act to require compliance 
with the standard, regulation, condition, requirement, or order 
concerned (including any provision of an agreement under sec-
tion 120). 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1705 
"(e) RULES APPLICABLE TO SUBSECTION (aX2) ACTIONS.—No action 
may be commenced under paragraph (2) of subsection (a) before the 
60th day following the date on which the plaintiff gives notice to the 
Administrator or other department, agency, or instrumentality that 
the plaintiff will commence such action. Notice under this subsec- 
President of U.S. 
tion shall be given in such manner as the President shall prescribe 
Regulations, 
by regulation. 
"(f) COSTS.—The court, in issuing any final order in any action 
brought pursuant to this section, may award costs of litigation 
(including reasonable attorney and expert witness fees) to the 
prevailing or the substantially prevailing party whenever the court 
determines such an award is appropriate. The court may, if a 
temporary restraining order or preliminary injunction is sought, 
require the filing of a bond or equivalent security in accordance with 
the Federal Rules of Civil Procedure. 
18 USC app. 
"(g) INTERVENTION.—In any action under this section, the United 
States or the State, or both, if not a party may intervene as a matter 
of right. For other provisions regarding intervention, see section 113. 
"(h) OTHER RIGHTS.—This Act does not affect or otherwise impair 
the rights of any person under Federal, State, or common law, 
except with respect to the timing of review as provided in section 
113(h) or as otherwise provided in section 309 (relating to actions 
Ante, p. 1650. 
under State law). 
"(i) DEFINITIONS.—The terms used in this section shall have the 
same meanings as when used in title I.". 
42 USC 9601. 
SEC. 207. INDIAN TRIBES. 
(a) DEFINITION.—For definition of Indian tribe, see the amend-
ments made by section 101 of this Act. 
(b) FUTURE MAINTENANCE AND COST SHARING.—Section 104(cX3) of 
42 use 9604. 
CERCLA is amended by adding at the end thereof the following: "In 
the case of remedial action to be taken on land or water held by an 
Indian tribe, held by the United States in trust for Indians, held by a 
member of an Indian tribe (if such land or water is subject to a trust 
restriction on alienation), or otherwise within the borders of an 
Indian reservation, the requirements of this paragraph for assur-
ances regarding future maintenance and cost-sharing shall not 
apply, and the President shall provide the assurance required by 
this paragraph regarding the availability of a hazardous waste 
disposal facility.". 
(c) LIABILITY.—Section 107 of CERCLA is amended as follows: 
42 use 9607. 
(1) In subsection (a) by inserting "or an Indian tribe" after 
.. 
"State"; 
' -q *
-
^
*
^ 
(2) In subsection (f): 
1, 
(A) Insert after "State" the third time that word appears 
the following: "and to any Indian tribe for natural re-
sources belonging to, managed by, controlled by, or ap-
pertaining to such tribe, or held in trust for the benefit of 
it 
such tribe, or belonging to a member of such tribe if such 
• 
ti 
resources are subject to a trust restriction on alienation". 
(B) Insert "or Indian tribe" after "State" the fourth time 
^^- -^ 
; 
that word appears. 
(C) Add before the period at the end of the first sentence 
the following: ", so long as, in the case of damages to an 
Indian tribe occurring pursuant to a Federal permit or 
license, the issuance of that permit or license was not 
100 STAT. 1706 
PUBLIC LAW 99-499—OCT. 17, 1986 
42 use 9611. 
42 use 9626. 
42 use 9603. 
42 use 9604. 
Ante, p. 1636; 42 
use 9605. 
President of U.S. 
Health and 
medical care. 
Real property. 
President of U.S. 
Reports. 
inconsistent with the fiduciary duty of the United States 
with respect to such Indian tribe". 
(D) Insert "or the Indian tribe" after "State government". 
(3) In subsection (i) insert "or Indian tribe" after "State" the 
first time it appears. 
. , 
(4) In subsection (j) insert "or Indian tribe" after "State" the 
first time it appears. 
(d) NATURAL RESOURCES CLAIMS, DELEGATION, ETC.—Section 111 of 
CERCLA is amended as follows: 
(1) In subsection (b), insert before the period at the end 
thereof the following: ", or by any Indian tribe or by the United 
States acting on behalf of any Indian tribe for natural resources 
belonging to, managed by, controlled by, or appertaining to such 
tribe, or held in trust for the benefit of such tribe, or belonging 
to a member of such tribe if such resources are subject to a trust 
, restriction on alienation"; 
(2) In subsection (c)(2) insert "or Indian tribe" after "State". 
(3) In subsection (f) insert "or Indian tribe" after "State"; and 
(4) In subsection (i) insert after "State," the following: "and by 
the governing body of any Indian tribe having sustained 
damage to natural resources belonging to, managed by, con-
trolled by, or appertaining to such tribe, or held in trust for the 
benefit of such tribe, or belonging to a member of such tribe if 
such resources are subject to a trust restriction on alienation,". 
(e) TREATMENT OF TRIBES GENERALLY.—Title I of CERCLA is 
amended by adding the following new section after section 125: 
"SEC. 126. INDIAN TRIBES. 
"(a) TREATMENT GENERALLY.—The governing body of an Indian 
tribe shall be afforded substantially the same treatment as a State 
with respect to the provisions of section 103(a) (regarding notifica-
tion of releases), section 104(c)(2) (regarding consultation on re-
medial actions), section 104(e) (regarding access to information), 
section 104(i) (regarding health authorities) and section 105 (regard-
ing roles and responsibilities under the national contingency plan 
and submittal of priorities for remedial action, but not including the 
provision regarding the inclusion of at least one facility per State on 
the National Priorities List). 
"(b) COMMUNITY RELOCATION.—Should the President determine 
that proper remedial action is the permanent relocation of tribal 
members away from a contaminated site because it is cost effective 
and necessary to protect their health and welfare, such finding must 
be concurred in by the affected tribal government before relocation 
shall occur. The President, in cooperation with the Secretary of the 
Interior, shall also assure that all benefits of the relocation program 
are provided to the affected tribe and that alternative land of 
equivalent value is available and satisfactory to the tribe. Any lands 
acquired for relocation of tribal members shall be held in trust by 
the United States for the benefit of the tribe. 
"(c) STUDY.—The President shall conduct a survey, in consultation 
with the Indian tribes, to determine the extent of hazardous waste 
sites on Indian lajids. Such survey shall be included within a report 
which shall make recommendations on the program needs of tribes 
under this Act, with particular empheisis on how tribal participation 
in the administration of such programs can be maximized. Such 
report shall be submitted to Congress along with the President's 
budget request for fiscal year 1988. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1707 
"(d) LIMITATION.—Notwithstanding any other provision of this 
Act, no action under this Act by an Indian tribe shall be barred until 
the later of the following: 
"(1) The applicable period of limitations has expired. 
"(2) 2 years after the United States, in its capacity as trustee 
Claims. 
for the tribe, gives written notice to the governing body of the 
, 
tribe that it will not present a claim or commence an action on 
behalf of the tribe or fails to present a claim or commence an 
action within the time limitations specified in this Act.". 
SEC. 208. INSURABILITY STUDY. 
Section 301 of CERCLA is amended by adding the following new 
Post, p. 1726. 
subsection at the end thereof: 
^2 USC 9651. 
"(g) INSURABILITY STUDY.— 
"(1) STUDY BY COMPTROLLER GENERAL.—The Comptroller Gen- 
s 
eral of the United States, in consultation with the persons 
described in paragraph (2), shall undertake a study to determine 
the insurability, and effects on the standard of care, of the 
liabilitv of each of the following: 
(A) Persons who generate hazardous substances: liability 
for costs and damages under this Act. 
. y. r, ^ 
"(B) Persons who own or operate facilities: liability for 
' 
J,, 
• • 
costs and damages under this Act. 
»• 
"(C) Persons liable for injury to persons or property 
caused by the release of hazardous substances into the 
environment. 
"(2) CONSULTATION.—In conducting the study under this 
* 
subsection, the Comptroller General shall consult with the 
t 
following: 
"(A) Representatives of the Administrator. 
"(B) Representatives of persons described in subpara-
graphs (A) through (C) of the preceding paragraph. 
"(C) Representatives (i) of groups or organizations com-
prised generally of persons adversely affected by releases or 
threatened releases of hazardous substances and (ii) of 
groups organized for protecting the interests of consumers. 
"(D) Representatives of property and casualty insurers. 
"(E) Representatives of reinsurers. 
"(F) Persons responsible for the regulation of insurance 
•t 
at the State level. 
"(3) ITEMS EVALUATED.—The study under this section shall 
include, among other matters, an evaluation of the following: 
"(A) Current economic conditions in, and the future 
outlook for, the commercial market for insurance and 
reinsurance. 
"(B) Current trends in statutory and common law 
;; '-v^/ remedies. 
"(C) The impact of possible changes in traditional stand-
ards of liability, proof, evidence, and damages on existing 
statutory and common law remedies. 
"(D) The effect of the standard of liability and extent of 
t
H 
the persons upon whom it is imposed under this Act on the 
protection of human health and the environment and on 
the availability, underwriting, and pricing of insurance 
coverage. 
"(E) Current trends, if any, in the judicial interpretation 
and construction of applicable insurance contracts, together 
100 STAT. 1708 
PUBLIC LAW 99-499—OCT. 17, 1986 
u' 
with the degree to which amendments in the language of 
such contracts and the description of the risks assumed, 
could affect such trends. 
"(F) The frequency and severity of a representative 
er 
sample of claims closed during the calendar year imme-
diately preceding the enactment of this subsection. 
"(G) Impediments to the acquisition of insurance or other 
means of obtaining liability coverage other than those re-
ferred to in the preceding subparagraphs. 
"(H) The effects of the standards of liability and financial 
responsibility requirements imposed pursuant to this Act 
*' 
on the cost of, and incentives for, developing and dem-
onstrating alternative and innovative treatment tech-
nologies, as well as waste generation minimization. 
Reports. 
"(4) SUBMISSION.—The Comptroller General shall submit a 
report on the results of the study to Congress with appropriate 
recommendations within 12 months after the enactment of this 
subsection.". 
SEC. 209. RESEARCH, DEVELOPMENT, AND DEMONSTRATION. 
42 use 9660 
(a) PURPOSE.—The purposes of this section are as follows: 
note. 
(1) To establish a comprehensive and coordinated Federal 
program of research, development, demonstration, and training 
5'* for the purpose of promoting the development of alternative and 
innovative treatment technologies that can be used in response 
actions under the CERCLA program, to provide incentives for 
the development and use of such technologies, and to improve 
the scientific capability to assess, detect and evaluate the effects 
on and risks to human health from hazardous substances. 
Schools and 
,~^ 
(2) To establish a basic university research and education 
colleges. 
'' program within the Department of Health and Human Services 
Education. 
Q^^ g^ research, demonstration, and training program within 
the Environmental Protection Agency. 
^ 
(3) To reserve certain funds from the Hazardous Substance 
V,, Trust Fund to support a basic research program within the 
5
1 Department of Health and Human Services, and an applied and 
developmental research program within the Environmental 
y.. Protection Agency. 
(4) To enhance the Environmental Protection Agency's in-
ternal research capabilities related to CERCLA activities, 
including site assessment and technology evaluation. 
(5) To provide incentives for the development of alternative 
i j and innovative treatment technologies in a manner that supple-
ments or coordinates with, but does not compete with or dupli-
cate, private sector development of such technologies. 
(b) AMENDMENT OF CERCLA.—Title III of CERCLA is amended by 
adding the following new section at the end thereof: 
42 use 9660. 
"SEC. 311. RESEARCH, DEVELOPMENT, AND DEMONSTRATION. 
"(a) HAZARDOUS SUBSTANCE RESEARCH AND TRAINING.— 
"(1) AUTHORITIES OF SECRETARY.—The Secretary of Health and 
i.. 
Human Services (hereinafter in this subsection referred to as 
'
^
•
^ the Secretary), in consultation with the Administrator, shall 
establish and support a basic research and training program 
3* (through grants, cooperative agreements, and contracts) consist-
t ^ ing of the following: 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1709 
"(A) Basic research (including epidemiologic and ecologic 
studies) which may include each of the following: 
"(i) Advanced techniques for the detection, assess-
ment, and evaluation of the effects on human health of 
hazardous substances. 
"(ii) Methods to assess the risks to human health 
presented by hazardous substances. 
"(iii) Methods and technologies to detect hazardous 
substances in the environment and basic biological, 
chemical, and physical methods to reduce the amount 
and toxicity of hazardous substances. 
'(B) Training, which may include each of the following: 
"(i) Short courses and continuing education for State 
and local health and environment agency personnel 
and other personnel engaged in the handling of hazard-
ous substances, in the management of facilities at 
which hazardous substances are located, and in the 
evaluation of the hazards to human health presented 
by such facilities. 
"(ii) Graduate or advanced training in environmental 
and occupational health and safety and in the public 
health and engineering aspects of hazardous waste 
control. 
"(iii) Graduate training in the geosciences, including 
hydrogeology, geological engineering, geophysics, geo- 
^ ^ 
chemistry, and related fields necessary to meet profes- 
X 
sional personnel needs in the public and private sectors 
and to effectuate the purposes of this Act. 
"(2) DIRECTOR OF NIEHS.—The Director of the National In-
stitute for Environmental Health Sciences shall cooperate fully 
with the relevant Federal agencies referred to in subparagraph 
(A) of paragraph (5) in carrying out the purposes of this section. 
"(3) RECIPIENTS OF GRANTS, ETC.—A grant, cooperative agree-
ment, or contract may be made or entered into under paragraph 
(1) with an accredited institution of higher education. The 
institution may carry out the research or training under the 
grant, cooperative agreement, or contract through contracts, 
including contracts with any of the following: 
"(A) Generators of hazardous wastes. 
"(B) Persons involved in the detection, assessment, 
evaluation, and treatment of hazardous substances. 
"(C) Owners and operators of facilities at which hazard-
ous substances are located. 
"(D) State and local governments. 
"(4) PROCEDURES.—In making grants and entering into co- Grants, 
operative agreements and contracts under this subsection, the Contracts. 
Secretary shall act through the Director of the National In-
stitute for Environmental Health Sciences. In considering the 
allocation of funds for training purposes, the Director shall 
ensure that at least one grant, cooperative agreement, or con-
tract shall be awarded for training described in each of clauses 
•.^. . 
(i), (ii), and (iii) of paragraph (1)(B). Where applicable, the Direc-
tor may choose to operate training activities in cooperation with 
the Director of the National Institute for Occupational Safety 
and Health. The procedures applicable to grants and contracts 
under title IV of the Public Health Service Act shall be followed 
42 USC 281. J t 
under this subsection. 
100 STAT. 1710 
PUBLIC LAW 99-499—OCT. 17, 1986 
Science and 
technology. 
Health and 
medical care. 
26 u s e 501. 
42 u s e 9604. 
"(5) ADVISORY COUNCIL.—To assist in the implementation of 
this subsection and to aid in the coordination of research and 
.^'^ demonstration and training activities funded from the Fund 
•' under this section, the Secretary shall appoint an advisory 
council (hereinafter in this subsection referred to as the 'Ad-
visory Council') which shall consist of representatives of the 
following: 
"(A) The relevant Federal agencies. 
"(B) The chemical industry. 
"• 
"(C) The toxic waste management industry. 
"(D) Institutions of higher education. 
"(E) State and local health and environmental agencies. 
"(F) The general public. 
"(6) PLANNING.—Within nine months after the date of the 
enactment of this subsection, the Secretary, acting through the 
Director of the National Institute for Environmental Health 
Sciences, shall issue a plan for the implementation of paragraph 
(1). The plan shall include priorities for actions under para-
graph (1) and include research and training relevant to sci-
* entific and technological issues resulting from site specific 
hazardous substance response experience. The Secretary shall, 
to the maximum extent practicable, take appropriate steps to 
coordinate program activities under this plan with the activities 
'^•'' of other Federal agencies in order to avoid duplication of effort. 
The plan shall be consistent with the need for the development 
"
* of new technologies for meeting the goals of response actions in 
*
'
^ accordance with the provisions of this Act. The Advisory Coun-
cil shall be provided an opportunity to review and comment on 
'\ 
the plan and priorities and assist appropriate coordination 
among the relevant Federal agencies referred to in subpara-
graph (A) of paragraph (5). 
"(b) ALTERNATIVE OR INNOVATIVE TREATMENT TECHNOLOGY RE-
SEARCH AND DEMONSTRATION PROGRAM.— 
"(1) EsTABUSHMENT.—The Administrator is authorized and 
directed to carry out a program of research, evaluation, testing, 
development, and demonstration of alternative or innovative 
treatment technologies (hereinafter in this subsection referred 
to as the 'program') which may be utilized in response actions to 
achieve more permanent protection of human health and wel-
'* 
fare and the environment. 
"(2) ADMINISTRATION.—The program shall be administered by 
the Administrator, acting through an office of technology dem-
onstration and shall be coordinated with programs carried out 
by the Office of Solid Waste and Emergency Response and the 
Office of Research and Development. 
"
^ 
"(3) CONTRACTS AND GRANTS.—In carrying out the program, 
the Administrator is authorized to enter into contracts and 
cooperative agreements with, and make grants to, persons, 
public entities, and nonprofit private entities which are exempt 
- from tax under section 501(cX3) of the Internal Revenue Code of 
1954. The Administrator shall, to the maximum extent possible, 
enter into appropriate cost sharing arrangements under this 
subsection. 
"(4) USE OF SITES.—In carrying out the program, the Adminis-
trator may arrange for the use of sites at which a response may 
- 
be undertaken under section 104 for the purposes of carrjdng 
out research, testing, evaluation, development, and demonstra-
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1711 
tion projects. Each such project shall be carried out under such 
Health and 
terms and conditions as the Administrator shall require to 
medical care. 
assure the protection of human health and the environment 
and to assure adequate control by the Administrator of the 
research, testing, evaluation, development, and demonstration 
activities at the site. 
"(5) DEMONSTRATION ASSISTANCE.— 
"(A) PROGRAM COMPONENTS.—The demonstration assist-
ance program shall include the following: 
"(i) The publication of a solicitation and the evalua-
tion of applications for demonstration projects utilizing 
alternative or innovative technologies. 
"(ii) The selection of sites which are suitable for the 
testing and evaluation of innovative technologies. 
"(iii) The development of detailed plans for innova-
tive technology demonstration projects. 
"(iv) The supervision of such demonstration projects 
and the providing of quality assurance for data 
obtained. 
"(v) The evaluation of the results of alternative 
innovative technology demonstration projects and the 
determination of whether or not the technologies used 
are effective and feasible. 
"(B) SouciTATiON.—Within 90 days after the date of the 
enactment of this section, and no less often than once every 
12 months thereafter, the Administrator shall publish a 
solicitation for innovative or alternative technologies at a 
stage of development suitable for full-scale demonstrations 
at sites at which a response action may be undertaken 
under section 104. The purpose of any such project shall be 
42 USC 9604. 
to demonstrate the use of an alternative or innovative 
treatment technology with respect to hazardous substances 
or pollutants or contaminants which are located at the site 
or which are to be removed from the site. The solicitation 
,g 
notice shall prescribe information to be included in the 
application, including technical and economic data derived 
from the applicant's own research and development efforts, 
and other information sufficient to permit the Adminis-
trator to assess the technology's potential and the types of 
remedial action to which it may be applicable. 
"(C) APPUCATIONS.—Any person and any public or pri-
vate nonprofit entity may submit an application to the 
Administrator in response to the solicitation. The applica-
tion shall contain a proposed demonstration plan setting 
forth how and when the project is to be carried out and 
such other information as the Administrator may require. 
"(D) PROJECT SELECTION.—In selecting technologies to be 
demonstrated, the Administrator shall fully review the 
applications submitted and shall consider at least the cri-
teria specified in paragraph (7). The Administrator shall 
select or refuse to select a project for demonstration under 
this subsection within 90 days of receiving the completed 
application for such project. In the case of a refusal to select 
the project, the Administrator shall notify the applicant 
within such 90-day period of the reasons for his refusal. 
"(E) SITE SELECTION.—The Administrator shall propose 10 
sites at which a response may be undertaken under section 
100 STAT. 1712 
PUBLIC LAW 99-499—OCT. 17, 1986 
42 use 9604. 
If! 
Contracts. 
Contracts. 
42 use 9604. 
Reports. 
104 to be the location of any demonstration project under 
this subsection within 60 days after the close of the public 
comment period. After an opportunity for notice and public 
comment, the Administrator shall select such sites and 
projects. In selecting any such site, the Administrator shall 
take into account the applicant's technical data and pref-
erences either for onsite operation or for utilizing the site 
as a source of hazardous substances or pollutants or 
contaminants to be treated offsite. 
"(F) DEMONSTRATION PLAN.—Within 60 days after the 
selection of the site under this paragraph to be the location 
of a demonstration project, the Administrator shall estab-
'•^ lish a final demonstration plan for the project, based upon 
the demonstration plan contained in the application for the 
^ 
project. Such plan shall clearly set forth how and when the 
demonstration project will be carried out. 
"(G) SUPERVISION AND TESTING.—Each demonstration 
project under this subsection shall be performed by the 
applicant, or by a person satisfactory to the applicant, 
under the supervision of the Administrator. The Adminis-
trator shall enter into a written agreement with each ap-
plicant granting the Administrator the responsibility and 
authority for testing procedures, quality control, monitor-
ing, and other measurements necessary to determine and 
evaluate the results of the demonstration project. The 
Administrator may pay the costs of testing, monitoring, 
quality control, and other measurements required by the 
Administrator to determine and evaluate the results of the 
demonstration project, and the limitations established by 
subparagraph (J) shall not apply to such costs. 
"(H) PROJECT COMPLETION.—Each demonstration project 
under this subsection shall be completed within such time 
as is established in the demonstration plan. 
"(I) EXTENSIONS.—The Administrator may extend any 
deadline established under this paragraph by mutual agree-
ment with the applicant concerned. 
"(J) FUNDING RESTRICTIONS.—The Administrator shall not 
provide any Federal assistance for any part of a full-scale 
field demonstration project under this subsection to any 
applicant unless such applicant can demonstrate that it 
" 
cannot obtain appropriate private financing on reasonable 
terms and conditions sufficient to carry out such dem-
onstration project without such Federal assistance. The 
total Federal funds for any full-scale field demonstration 
project under this subsection shall not exceed 50 percent of 
the total cost of such project estimated at the time of the 
award of such assistance. The Administrator shall not 
expend more than $10,000,000 for assistance under the 
program in any fiscal year and shall not expend more than 
$3,000,000 for any single project. 
"(6) FIELD DEMONSTRATIONS.—In carrying out the program, 
the Administrator shall initiate or cause to be initiated at least 
10 field demonstration projects of alternative or innovative 
treatment technologies at sites at which a response may be 
undertaken under section 104, in fiscal year 1987 and each of 
the succeeding three fiscal years. If the Administrator deter-
mines that 10 field demonstration projects under this subsection 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1713 
cannot be initiated consistent with the criteria set forth in 
paragraph (7) in any of such fiscal years, the Administrator 
shall transmit to the appropriate committees of Congress a 
report explaining the reasons for his inability to conduct such 
demonstration projects. 
"(7) CRITERIA.—In selecting technologies to be demonstrated 
under this subsection, the Administrator shall, consistent with 
the protection of human health and the environment, consider 
each of the following criteria: 
"(A) The potential for contributing to solutions to those 
waste problems which pose the greatest threat to human 
health, which cannot be adequately controlled under 
present technologies, or which otherwise pose significant 
management difficulties. 
"(B) The availability of technolc^es which have been 
sufficiently developed for field demonstration and which 
are likely to be cost«ffective and reliable. 
"(C) The availability and suitability of sites for dem-
onstrating such technologies, taking into account the phys-
ical, biological, chemical, and geolc^cal characteristics of 
the sites, the extent and type of contamination found at the 
site, and the capability to conduct demonstration projects in 
such a manner as to assure the protection of human health 
and the environment. 
"(D) The likelihood that the data to be generated from 
the demonstration project at the site will be applicable to 
other sites. 
"(8) TECHNOLOGY TRANSFER.—In carrying out the pr<^ram, 
the Administrator shall conduct a technology transfer prc^am 
including the development, collection, evaluation, coordination, 
and dissemination of information relating to the utilization of 
alternative or innovative treatment technologies for response 
actions. The Administrator shall establish and maintain a 
central reference library for such information. The information 
maintained by the Administrator shall be made available to the 
public, subject to the provisions of section 552 of title 5 of the 
Unit^ States Code and section 1905 of title 18 of the United 
States Code, and to other Government agencies in a manner 
that will facilitate its dissemination; except, that upon a show-
ing satisfactory to the Administrator by any person that any 
information or portion thereof obtained under this subsection 
by the Administrator directly or indirectly from such person, 
would, if made public, divulge— 
"(A) trade secrets; or 
"(B) other proprietary information of such person, 
the Administrator shall not disclose such information and 
disclosure thereof shall be punishable under section 1905 of title 
18 of the United States Code. This subsection is not authority to 
withhold information from Congress or any committee of (Jon-
gress upon the request of the chairman of such committee. 
"(9) TRAINING.—llie Administrator is authorized and directed 
to carry out, through the Office of Technology Demonstration, a 
program of training and an evaluation of training needs for 
each of the following: 
"(A) Training in the procedures for the handling and 
removal of hazsutious substances for employees who handle 
hazardous substances. 
Health and 
medical care. 
Public 
information. 
Classified 
information. 
Law 
enforcement and 
crime. 
100 STAT. 1714 
PUBLIC LAW 99-499—OCT. 17, 1986 
Grants. 
Contracts. 
Health and 
medical care. 
Grants. 
"(B) Training in the management of facilities at which 
hazardous substances are located and in the evaluation of 
the hazards to human health presented by such facilities 
for State and local health and environment agency 
personnel. 
"(10) DEFINITION.—For purposes of this subsection, the term 
'alternative or innovative treatment technologies' means those 
technologies, including proprietary or patented methods, which 
permanently alter the composition of heizardous waste through 
' chemical, biological, or physical means so as to significantly 
reduce the toxicity, mobility, or volume (or any combination 
' thereof) of the hsizardous waste or contaminated materials 
' being treated. The term also includes technologies that 
characterize or assess the extent of contamination, the chemical 
and physical character of the contaminants, and the stresses 
impeded by the contaminants on complex ecosystems at sites. 
"(c) HAZARDOUS SUBSTANCE RESEARCH.—The Administrator may 
conduct and support, through grants, cooperative agreements, and 
contracts, research with respect to the detection, assessment, and 
evaluation of the effects on and risks to human health of hazardous 
substances and detection of hazardous substances in the environ-
ment. The Administrator shall coordinate such research with the 
Secretary of Health and Human Services, acting through the ad-
visory council established under this section, in order to avoid 
duplication of effort. 
(d) UNIVERSITY HAZARDOUS SUBSTANCE RESEARCH CENTERS.— 
"(1) GRANT PROGRAM.—The Administrator shall make grants 
,1 to institutions of higher learning to establish and operate not 
fewer than 5 hazardous substance research centers in the 
.: United States. In carrying out the program under this subsec-
tion, the Administrator should seek to have established and 
operated 10 hazardous substance research centers in the United 
r States. 
"(2) RESPONSIBILITIES OF CENTERS.—The responsibilities of 
each hazardous substence research center established under 
* this subsection shall include, but not be limited to, the conduct 
s of research and training relating to the manufacture, use, 
transportation, disposal, and management of hazardous sub-
stances and publication and dissemination of the results of such 
research. 
"(3) APPUCATIONS.—Any institution of higher learning in-
terested in receiving a grant under this subsection shall submit 
to the Administrator an application in such form and contain-
ing such information as the Administrator may require by 
regulation. 
i 
(4) SELECTION CRITERIA.—The Administrator shall select 
? recipients of grants under this subsection on the basis of the 
following criteria: 
"(A) The hazardous substance research center shall be 
located in a Stete which is representetive of the needs of 
the region in which such State is located for improved 
hazardous waste man£^ement. 
"(B) The grant recipient shall be located in an area which 
has experienced 
problems with hazardous 
substance 
management. 
"(C) There is available to the grant recipient for carrying 
out this subsection demonstrated research resources. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1715 
"(D) The capability of the grant recipient to provide 
leadership in making national and regional contributions to 
the solution of both long-range and immediate hazardous 
substance management problems. 
"(E) The grant recipient shall make a commitment to 
support ongoing hazardous substance research programs 
with budgeted institutional funds of at least $100,000 per 
., „ 
year. 
.Ml. 
ii^Y) The grant recipient shall have an interdisciplinary 
staff with demonstrated expertise in hazardous substance 
management and research. 
"(G) The grant recipient shall have a demonstrated abil-
ity to disseminate results of hazardous substance research 
and educational programs through an interdisciplinary 
continuing education program. 
"(H) The projects which the grant recipient proposes to 
carry out under the grant are necessary and appropriate. 
"(5) MAINTENANCE OF EFFORT.—No grant may be made under 
this subsection in any fiscal year unless the recipient of such 
grant enters into such agreements with the Administrator £is 
the Administrator may require to ensure that such recipient 
will maintain its aggregate expenditures from all other sources 
for establishing and operating a regional hazardous substance 
research center and related research activities at or above the 
average level of such expenditures in its 2 fiscal years preceding 
the date of the enactment of this subsection. 
"(6) FEDERAL SHARE.—The Federal share of a grant under this 
subsection shall not exceed 80 percent of the costs of establish-
ing and operating the regional hazardous substance research 
center and related research activities carried out by the grant 
recipient. 
"(7) LIMITATION ON USE OF FUNDS.—No funds made available 
Real property, 
to carry out this subsection shall be used for acquisition of real 
^ 
property (including buildings) or construction of any building. 
"(8) ADMINISTRATION THROUGH THE OFFICE OF THE ADMINIS-
TRATOR.—Administrative responsibility for carrying out this 
subsection shall be in the Office of the Administrator. 
"(9) EQUITABLE DISTRIBUTION OF FUNDS.—The Administrator 
shall allocate funds made available to carry out this subsection 
equitably among the regions of the United States. 
"(10) TECHNOLOGY TRANSFER ACTIVITIES.—Not less than five I 
percent of the funds made available to carry out this subsection 
for any fiscal year shall be available to carry out technology 
transfer activities. 
"(e) REPORT TO CONGRESS.—At the time of the submission of the 
annual budget request to Congress, the Administrator shall submit 
' :^ 
to the appropriate committees of the House of Representatives and 
the Senate and to the advisory council established under subsection 
(a), a report on the progress of the research, development, and 
demonstration program authorized by subsection (b), including an 
evaluation of each demonstration project completed in the preceding 
fiscal year, findings with respect to the efficacy of such dem-
onstrated technologies in achieving permanent and significant 
reductions in risk from hazardous wastes, the costs of such dem-
onstration projects, and the potential applicability of, and projected 
costs for, such technologies at other hazardous substance sites. 
71-19A 0 - 89 - 21 : QL. 3 Part2 
100 STAT. 1716 
PUBLIC LAW 99-499—OCT. 17, 1986 
"(f) SAVING PROVISION.—Nothing in this section shall be construed 
42 use 6901 
to affect the provisions of the Solid Waste Disposal Act. 
'lote- 
"(g) SMALL BUSINESS PARTICIPATION.—The Administrator shall 
ensure, to the maximum extent practicable, an adequate oppor-
tunity for small business participation in the program established 
by subsection (b).". 
SEC. 210. POLLUTION LIABILITY INSURANCE. 
CERCLA is amended by adding the following new title at the end 
thereof: 
"TITLE IV—POLLUTION INSURANCE 
42 use 9671. 
"SEC. 401. DEFINITIONS. 
"As used in this title— 
"(1) INSURANCE.—The term 'insurance' means primary insur-
er:, ance, excess insurance, reinsurance, surplus lines insurance, 
and any other arrangement for shifting and distributing risk 
which is determined to be insurance under applicable State or 
Federal law. 
"(2) POLLUTION 
UABIUTY.—The term 'pollution liability' 
means liability for injuries arising from the release of hazard-
ous substances or pollutants or contaminants. 
"(3) RISK RETENTION GROUP.—The term 'risk retention group' 
means any corporation or other limited liability association 
^ J taxable as a corporation, or as an insurance company, formed 
under the laws of any State— 
"(A) whose primary activity consists of assuming and 
spreading all, or any portion, of the pollution liability of its 
group members; 
"(B) which is organized for the primary purpose of 
conducting the activity described under subparagraph (A); 
.. ,fjor. >
.
> i! 
"(C) which is chartered or licensed as an insurance com-
' '^ = -- ' 
pany and authorized to engage in the business of insurance 
under the laws of any State; and 
"(D) which does not exclude any person from membership 
in the group solely to provide for members of such a group a 
competitive advantage over such a person. 
"(4) PURCHASING GROUP.—The term 'purchasing group' means 
any group of persons which has as one of its purposes the 
purchase of pollution liability insurance on a group basis. 
. 
"(5) STATE.—The term 'State' mesms any State of the United 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, Guam, American Samoa, the Virgin Islands, the Common-
wealth of the Northern Marianas, and any other territory or 
, possession over which the United States has jurisdiction. 
42 use 9672. 
"SEC. 402. STATE LAWS; SCOPE OF TITLE. 
"(a) STATE LAWS.—Nothing in this title shall be construed to affect 
either the tort law or the law governing the interpretation of 
insurance contracts of any State. 'ITie definitions of pollution liabil-
ity and pollution liability insurance under any State law shall not 
be applied for the purposes of this title, including recognition or 
qualification of risk retention groups or purchasing groups. 
"(b) SCOPE OF TITLE.—The authority to offer or to provide insur-
ance under this title shall be limited to coverage of pollution liabil-
ity risks and this title does not authorize a risk retention group or 
purchasing group to provide coverage of any other line of insurance. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1717 
"SEC. 403. RISK RETENTION GROUPS. 
42 USC 9673. 
"(a) EXEMPTION.—Except as provided in this section, a risk reten-
tion group shall be exempt from the following: 
"(1) A State law, rule, or order which makes unlawful, or 
regulates, directly or indirectly, the operation of a risk reten-
tion group. 
"(2) A State law, rule, or order which requires or permits a 
risk retention group to participate in any insurance insolvency 
'' 
guaranty association to which an insurer licensed in the State is 
required to belong. 
"(3) A State law, rule, or order which requires any insurance 
policy issued to a risk retention group or any member of the 
group to be countersigned by an insurance agent or broker 
residing in the State. 
"(4) A State law, rule, or order which otherwise discriminates 
against a risk retention group or any of its members. 
"(b) EXCEPTIONS.— 
"(1) STATE LAWS GENERALLY APPUCABLE.—Nothing in subsec- 
> 
tion (a) shall be construed to affect the applicability of State 
* 
laws generally applicable to persons or corporations. The State 
> 
, « • > 
in which a risk retention group is chartered may regulate the 
formation and operation of the group. 
"(2) STATE REGULATIONS NOT SUBJECT TO EXEMPTION.—Subsec- 
« 'rR'i „i 
tion (a) shall not apply to any State law which requires a risk 
'^ 
retention group to do any of the following: 
"(A) Comply with the unfair claim settlement practices 
law of the State. 
^
^
-
v
^ (., 
"(B) Pay, on a nondiscriminatory basis, applicable pre-
,; 
mium and other taxes which are levied on admitted insur-
er 
ers and surplus line insurers, brokers, or policyholders 
J 
under the laws of the State. 
.jr 
"(C) Participate, on a nondiscriminatory basis, in any 
mechanism established or authorized under the law of the 
State for the equitable apportionment among insurers of 
*' 
pollution liability insurance losses and expenses incurred 
''*' 
on policies written through such mechanism. 
"(D) Submit to the appropriate authority reports and 
^ 
other information required of licensed insurers under the 
; 
laws of a State relating solely to pollution liability insur-
^
^ 
ance losses and expenses. 
^ 
"(E) Register with and designate the State insurance 
commissioner as its agent solely for the purpose of receiving 
*
^ 
service of legal documents or process. 
'* 
"(F) Furnish, upon request, such commissioner a copy 
, ^ 
of any financial report submitted by the risk retention 
^^3" 
group to the commissioner of the chartering or licensing 
B lie 
jurisdiction. 
"(G) Submit to an examination by the State insurance 
'" 
commissioner in any State in which the group is doing 
*
^ 
business to determine the group's financial condition, if— 
^' 
"(i) the commissioner has reason to believe the risk 
^ 
, 
retention group is in a financially impaired condition; 
"(ii) the commissioner of the jurisdiction in which the 
ai 
-j^ii^^K 
group is chartered has not begun or has refused to 
initiate an examination of the group. 
100 STAT. 1718 
PUBLIC LAW 99-499—OCT. 17, 1986 
"(H) Comply with a lawful order issued in a delinquency 
proceeding commenced by the State insurance commis-
sioner if the commissioner of the jurisdiction in which the 
group is chartered has failed to initiate such a proceeding 
after notice of a finding of financial impairment under 
subparagraph (G). 
"(c) APPLICATION OF EXEMPTIONS.—The exemptions specified in 
subsection (a) apply to— 
"(1) pollution liability insurance coverage provided by a risk 
retention group for— 
"(A) such group; or 
^ ;
V 
"(B) any person who is a member of such group; 
"(2) the sale of pollution liability insurance coverage for a risk 
retention group; and 
"(3) the provision of insurance related services or manage-
ment services for a risk retention group or any member of such 
a group. 
State and local 
"(d) AGENTS O
R BROKERS.—A State may require that a person 
governments. 
acting, or offering to act, as an agent or broker for a risk retention 
proMbition/°"' 
group obtain a license from that State, except that a State may not 
impose any qualification or requirement which discriminates 
against a nonresident agent or broker. 
42 use 9674. 
"SEC. 404. PURCHASING GROUPS. 
"(a) EXEMPTION.—Except as provided in this section, a purchasing 
group is exempt from the following: 
"(1) A State law, rule, or order which prohibits the establish-
ment of a purchasing group. 
"(2) A State law, rule, or order which makes it unlawful for 
an insurer to provide or offer to provide insurance on a beisis 
* providing, to a purchasing group or its member, advantages, 
based on their loss and expense experience, not afforded to 
other persons with respect to rates, policy forms, coverages, or 
other matters. 
"(3) A State law, rule, or order which prohibits a purchasing 
group or its members from purchasing insurance on the group 
J,,. basis described in paragraph (2) of this subsection. 
"(4) A State law, rule, or order which prohibits a purchasing 
group from obtaining insurance on a group basis because the 
group has not been in existence for a minimum period of time or 
,., because any member has not belonged to the group for a 
^.^ minimum period of time. 
"(5) A State law, rule, or order which requires that a purchas-
. 
ing group must have a minimum number of members, common 
ownership or affiliation, or a certain legal form. 
"(6) A State law, rule, or order which requires that a certain 
percentage of a purchasing group must obtain insurance on a 
, ,
^ group basis. 
"(7) A State law, rule, or order which requires that any 
insurance policy issued to a purchasing group or any members 
of the group be countersigned by an insurance agent or broker 
residing in that State. 
"(8) A State law, rule, or order which otherwise discriminate 
against a purchasing group or any of its members. 
"(b) APPUCATION OF EXEMPTIONS.—The exemptions specified in 
subsection (a) apply to the following: 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1719 
"(1) Pollution liability insurance, and comprehensive general 
liability insurance which includes this coverage, provided to— 
"(A) a purchasing group; or 
"(B) any person who is a member of a purchasing group. 
"(2) The sale of any one of the following to a purchasing group 
or a member of the group: 
"(A) Pollution liability insurance and comprehensive gen-
eral liability coverage. 
iJj 
"(B) Insurance related services. 
"(C) Management services. 
"(c) AGENTS OR BROKERS.—A State may require that a person 
acting, or offering to act, as an agent or broker for a purchasing 
group obtain a license from that State, except that a State may not 
impose any qualification or requirement which discriminates 
against a nonresident agent or broker. 
"SEC. 405. APPLICABILITY OF SECURITIES LAWS. 
"(a) OWNERSHIP INTERESTS.—The ownership interests of members 
of a risk retention group shall be considered to be— 
"(1) exempted securities for purposes of section 5 of the 
Securities Act of 1933 and for purposes of section 12 of the 
Securities Exchange Act of 1934; and 
"(2) securities for purposes of the provisions of section 17 of 
the Securities Act of 1933 and the provisions of section 10 of the 
Securities Exchange Act of 1934. 
"(b) INVESTMENT COMPANY ACT.—A risk retention group shall not 
be considered to be an investment company for purposes of the 
Investment Company Act of 1940 (15 U.S.C. 80a-l et seq.). 
"(c) BLUE SKY LAW.—The ownership interests of members in a 
risk retention group shall not be considered securities for purposes 
of any State blue sky law.". 
SEC. 211. DEPARTMENT OF DEFENSE ENVIRONMENTAL RESTORATION 
PROGRAM. 
(a) IN GENERAL.—(1) Title 10, United States Code, is amended— 
(A) by redesignating section 2701 as section 2721; and 
(B) by inserting after chapter 159 the following new chapter: 
"CHAPTER 
160—ENVIRONMENTAL 
RESTORATION 
State and local 
governments. 
Discrimination, 
prohibition. 
42 use 9675. 
15 use 77e. 
15 use 78/. 
15 use 77q. 
15 use 78j. 
"Sec. 
"2701. Environmental restoration program. 
"2702. Research, development, and demonstration program. 
"2703. Environmental restoration transfer account. 
"2704. Commonly found unregulated hazardous substances. 
"2705. Notice of environmental restoration activities. 
"2706. Annual report to Congress. 
"2707. Definitions. 
"§ 2701. Environmental restoration program 
"(a) ENVIRONMENTAL RESTORATION PROGRAM.— 
"(1) IN GENERAL.—The Secretary of Defense shall carry out a 
program of environmental restoration at facilities under the 
jurisdiction of the Secretary. The program shall be known as 
the 'Defense Environmental Restoration Program'. 
"(2) APPUCATION OF SECTION 120 OF CERCLA.—Activities of the 
program described in subsection (b)(1) shall be carried out sub-
ject to, and in a manner consistent with, section 120 (relating to 
Federal facilities) of the Comprehensive Environmental Re-
10 use 2701. 
100 STAT. 1720 
PUBLIC LAW 99-499—OCT. 17,1986 
Ante, p. 1666. 
p sponse, Compensation, and Liability Act of 1980 (hereinafter in 
- 
this chapter referred to as 'CERCLA') (42 U.S.C. 9601 et seq.). 
"(3) CONSULTATION WITH EPA.—The program shall be carried 
q; out in consultation with the Administrator of the Environ-
f|£ mental Protection Agency. 
"(4) ADMINISTRATIVE OFFICE WITHIN OSD.—The Secretary shall 
identify an office within the Office of the Secretary which shall 
have responsibility for carrying out the program. 
"(b) PROGRAM GTOALS.—Goals of the program shall include the 
following: 
"(1) The identification, investigation, research and develop-
ment, and cleanup of contamination from hazardous substances, 
'''"''" a''^tupi,roi^ 
pollutants, and contaminants. 
"(2) Correction of other environmental damage (such as detec-
tion and disposal of unexploded ordnance) which creates an 
(T 1:. J Si. 
imminent and substantial endangerment to the public health or 
welfare or to the environment, 
"(3) Demolition and removal of unsafe buildings and struc-
tures, including buildings and structures of the Department of 
.. 
Defense at sites formerly used by or under the jurisdiction of 
^ - 
the Secretary. 
"(c) RESPONSIBILITY FOR RESPONSE ACTIONS.— 
"(1) BASIC RESPONSIBILITY.—The Secretary shall carry out (in 
accordance with the provisions of this chapter and CERCLA) all 
^ response actions with respect to releases of hazardous sub-
stances from each of the following: 
"(A) Each facility or site owned by, leased to, or otherwise 
,. ^.,, ,. possessed by the United States and under the jurisdiction of 
,,'",, the Secretary. 
"(B) Each facility or site which was under the jurisdiction 
of the Secretary and owned by, leased to, or otherwise 
/!?} Tn* possessed by the United States at the time of actions lead-
ing to contamination by hazardous substances. 
- i. h: 
"(C) Each vessel owned or operated by the Department of 
Defense. 
"(2) OTHER RESPONSIBLE PARTIES.—Paragraph (1) shall not 
apply to a removal or remedial action if the Administrator has 
i
f
*
1 provided for response action by a potentially responsible person 
in accordance with section 122 of CERCLA (relating to 
settlements). 
Waste disposal. 
"(3) STATE FEES AND CHARGES.—The Secretary shall pay fees 
and charges imposed by State authorities for permit services for 
the disposal of hazardous substances on lands which are under 
the jurisdiction of the Secretary to the same extent that non-
governmental entities are required to pay fees and charges 
imposed by State authorities for permit services. The preceding 
•
*
^ 
sentence shall not apply with respect to a payment that is the 
responsibility of a lessee, contractor, or other private person. 
"(d) SERVICES OF OTHER AGENCIES.—The Secretary may enter into 
agreements on a reimbursable basis with any other Federal agency, 
and on a reimbursable or other basis with any State or local 
government agency, to obtain the services of that agency to assist 
the Secretary in carrying out any of the Secretary's responsibilities 
under this section. Services which may be obtained under this 
subsection include the identification, investigation, and cleanup of 
any off-site contamination possibly resulting from the release of a 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1721 
hazardous substance or waste at a facility under the Secretary's 
jurisdiction. 
"(e) RESPONSE ACTION CONTRACTORS.—The provisions of section 
119 of CERCLA apply to response action contractors (as defined in 
that section) who carry out response actions under this section. 
"§ 2702. Research, development, and demonstration program 
10 USC 2702. 
"(a) PROGRAM.—As part of the Defense Environmental Restora-
tion Program, the Secretary of Defense shall carry out a program of 
research, development, and demonstration with respect to hazard-
ous wastes. The program shall be carried out in consultation and 
cooperation with the Administrator and the advisory council estab-
lished under section 311(aX5) of CERCLA. The program shall include 
Ante, p. 1708. 
research, development, and demonstration with respect to each of 
the following: 
"(1) Means of reducing the quantities of hazardous waste 
generated by activities and facilities under the jurisdiction of 
the Secretary. 
"(2) Methods of treatment, disposal, and management (includ-
ing recycling and detoxifying) of hazardous waste of the types 
- 
and quantities generated by current and former activities of the 
Secretary and facilities currently and formerly under the juris-
diction of the Secretary. 
"(3) Identifying more cost-effective technologies for cleanup of 
hazardous substances. 
"(4) Toxicological data collection and methodology on risk of 
exposure to hazardous waste generated by the Department of 
Defense. 
"(5) The testing, evaluation, and field demonstration of any 
innovative technology, processes, equipment, or related training 
devices which may contribute to establishment of new methods 
to control, contain, and treat hazardous substances, to be car- 
*.« - " 
ried out in consultation and cooperation with, and to the extent 
possible in the same manner and standards as, testing, evalua-
tion, and field demonstration carried out by the Administrator, 
acting through the office of technology demonstration of the 
Environmental Protection Agency. 
"(b) SPECIAL PERMIT.—The Administrator may use the authorities 
of section 3005(g) of the Solid Waste Disposal Act (42 U.S.C. 6925(g)) 
to issue a permit for testing and evaluation which receives support 
under this section. 
"(c) CONTRACTS AND GRANTS.—The Secretary may enter into con-
tracts and cooperative agreements with, and make grants to, univer-
sities, public and private profit and nonprofit entities, and other 
persons to carry out the research, development, and demonstration 
authorized under this section. Such contracts may be entered into 
only to the extent that appropriated funds are available for that 
purpose. 
"(d) INFORMATION COLLECTION AND DISSEMINATION.— 
"(1) IN GENERAL.—The Secretary shall develop, collect, evalu-
ate, and disseminate information related to the use (or potential 
use) of the treatment, disposal, and management technologies 
that are researched, developed, and demonstrated under this 
section. 
"(2) ROLE OF EPA.—The functions of the Secretary under 
J 
paragraph (1) shall be carried out in cooperation and consulta-
tion with the Administrator. To the extent appropriate and 
100 STAT. 1722 
PUBLIC LAW 99-499—OCT. 17,1986 
10 use 2703. 
President of U.S. 
15 use 2601 
note; 42 USe 201 
note, 7401 note. 
33 use 1251 
note. 
agreed upon by the Administrator and the Secretary, the 
Administrator shall evaluate and disseminate such information 
through the office of technology demonstration of the Environ-
mental Protection Agency. 
"§ 2703. Environmental restoration transfer account 
"(a) ESTABUSHMENT OF TRANSFER ACCOUNT.— 
^ '
^ * 
' 
"(1) EsTABUSHMENT.—There is hereby established in the 
Department of Defense an account to be known as the 'Defense 
Environmental Restoration Account' (hereinafter in this section 
referred to as the 'transfer account'). All sums appropriated to 
carry out the functions of the Secretary of Defense relating to 
environmental restoration under this chapter or any other 
provision of law shall be appropriated to the transfer account. 
"(2) REQUIREMENT OF AUTHORIZATION OF APPROPRIATIONS.—No 
at 
funds may be appropriated to the transfer account unless such 
':Q 
sums have been specifically authorized by law. 
"(3) AVAILABIUTY OF FUNDS IN TRANSFER ACCOUNT.—AmoUntS 
appropriated to the transfer account shall remain available 
until transferred under subsection (b). 
"(b) 
AUTHORITY To 
TRANSFER TO OTHER D O D ACCOUNTS.— 
Amounts in the transfer account shall be available to be transferred 
by the Secretary to any appropriation account or fund of the Depart-
ment for obligation from that account or fund. Funds so trsmsferred 
shall be merged with and available for the same purposes and for 
the same period as the account or fund to which transferred. 
"(c) OBUGATION OF TRANSFERRED AMOUNTS.—Funds transferred 
under subsection (b) may only be obligated or expended from the 
account or fund to which transferred in order to carry out the 
functions of the Secretary under this chapter or environmental 
restoration functions under any other provision of law. 
"(d) BUDGET REPORTS.—In proposing the Budget for any fiscal year 
pursuant to section 1105 of title 31, the President shall set forth 
separately the amount requested for environmental restoration pro-
grams of the Department of Defense under this chapter or einy other 
Act. 
"(e) AMOUNTS RECOVERED UNDER CERCLA.—Amounts recovered 
under section 107 of CERCLA for response actions of the Secretary 
shall be credited to the transfer account. 
"§ 2704. Commonly found unregulated hazardous substances 
"(a) NOTICE TO H H S . — 
"(1) IN GENERAL.—The Secretary of Defense shall notify the 
i' 
Secretary of Health and Human Services of the hazardous 
substsmces which the Secretary of Defense determines to be the 
most commonly found unregulated hazardous substances at 
facilities under the Secretary's jurisdiction. The notification 
shall be of not less than the 25 most widely used such 
substances. 
? 
"(2) DEFINITION.—In this subsection, the term 'unregulated 
hazardous substance' means a hazardous substance— 
"(A) for which no standard, requirement, criteria, or 
limitation is in effect under the Toxic Substances Control 
Act, the Safe Drinking Water Act, the Cleein Air Act, or the 
Clean Water Act; and 
"(B) for which no water quality criteria are in effect 
r.,p 
under any provision of the Clean Water Act. 
PUBLIC LAW 99-499-OCT. 17,1986 
100 STAT. 1723 
"(b) ToxicoLOGiCAL PROFILES.—The Secretary of Health and 
Human Services shall take such steps as necessary to ensure the 
timely preparation of toxicological profiles of each of the substances 
of which the Secretary is notified under subsection (a). The profiles 
of such substances shall include each of the following: 
"(1) The examination, summary, and interpretation of avail-
able toxicological information and epidemiologic evaluations on 
a hazardous substance in order to ascertain the levels of signifi-
cant human exposure for the substance and the associated 
acute, subacute, and chronic health effects. 
"(2) A determination of whether adequate information on the 
health effects of each substance is available or in the process of 
., v^ , 
development to determine levels of exposure which present a 
significant risk to human health of acute, subacute, and chronic 
heialth effects. 
"(3) Where appropriate, toxicological testing directed toward 
determining the maximum exposure level of a hazardous sub-
stance that is safe for humans. 
"(c) DOD SUPPORT.—The Secretary of Defense shall transfer to the 
Secretary of Health and Human Services such toxicological data, 
such sums from amounts appropriated to the Department of De-
fense, and such personnel of the Department of Defense as may be 
necessary (1) for the preparation of toxicological profiles under 
subsection (b) or (2) for other health related activities under section 
104(i) of CERCLA. The Secretary of Defense and the Secretary of 
Ante, p. 1636. 
Health and Human Services shall enter into a memorandum of 
understanding regarding the manner in which this section shall be 
carried out, including the manner for transferring funds and person-
nel and for coordination of activities under this section. 
"(d) EPA HEALTH ADVISORIES.— 
"(1) PREPARATION.—At the request of the Secretary of De-
fense, the Administrator shall, in a timely manner, prepare 
health advisories on hazardous sul^tances. Such an advisory 
shall be prep£U*ed on each hazardous substance— 
"(A) for which no advisory exists; 
"(B) which is found to threaten drinking water; and 
"(C) which is emanating from a facility under the juris-
diction of the Secretary. 
i' 
"(2) CONTENT OF HEALTH ADVISORIES.—Such health advisories 
shall provide specific advice on the levels of contaminants in 
~ 
drinking water at which adverse health effects would not be 
anticipated and which include a margin of safety so as to 
protect the most sensitive members of the population at risk. 
The advisories shall provide data on one-day, 10-day, and 
longer-term exposure periods where available toxicological data 
exist. 
"(3) DOD SUPPORT FOR HEALTH ADVISORIES.—The Secretary of 
Defense shall transfer to the Administrator such toxicological 
data, such sums from amounts appropriated to the Department 
of Defense, and such personnel of the Department of Defense as 
may be necessary for the preparation of such health advisories. 
The Secretary and the Administrator shall enter into a memo-
randum of understanding regarding the manner in which this 
subsection shall be carried out, including the manner for 
transferring funds and personnel and for coordination of activi-
ties under this subsection. 
100 STAT. 1724 
PUBLIC LAW 99-499—OCT. 17, 1986 
Ante, p. 1636. 
"(e) CROSS REFERENCE.—Section 104(i) of CERCLA applies to facili-
ties under the jurisdiction of the Secretary of Defense in the manner 
prescribed in that section. 
"(f) FUNCTIONS OF H H S TO BE CARRIED OUT THROUGH ATSDR.— 
The functions of the Secretary of Health and Human Services under 
this section shall be carried out through the Administrator of the 
Agency of Toxic Substances and Disease Registry of the Department 
of Health and Human Services established under section 104(i) of 
CERCLA. 
10 use 2705. 
"§ 2705. Notice of environmental restoration activities 
State and local 
"(a) EXPEDITED NOTICE.—The Secretary of Defense shall take such 
governments. 
actions as necessary to ensure that the regional offices of the 
Environmental Protection Agency and appropriate State and local 
authorities for the State in which a facility under the Secretary's 
jurisdiction is located receive prompt notice of each of the following: 
"(1) The discovery of releases or threatened releases of 
hazardous substances at the facility. 
"(2) The extent of the threat to public health and the environ-
' ' 
ment which may be associated with any such release or threat-
ened release. 
"(3) Proposals made by the Secretary to carry out response 
actions with respect to any such release or threatened^ release. 
"(4) The initiation of any response action with respect to such 
release or threatened release and the commencement of each 
. t J i > .i.\ 
distinct phase of such activities. 
"(b) COMMENT BY EPA 
AND STATE AND LOCAL AUTHORITIES.— 
"(1) RELEASE NOTICES.—The Secretary shall ensure that the 
Administrator of the Environmental Protection Agency and 
appropriate State and locEil officials have an adequate oppor-
tunity to comment on notices under paragraphs (1) and (2) of 
subsection (a). 
"(2) PROPOSALS FOR RESPONSE ACTIONS.—The Secretary shall 
, ii require that an adequate opportunity for timely review and 
comment be afforded to the Administrator and to appropriate 
State and local officials after making a proposal referred to in 
^*i subsection (aX3) and before undertaking an activity or action 
r.> 
referred to in subsection (aX4). The preceding sentence does not 
apply if the action is an emergency removal taken because of 
g^ 
imminent and substantial endangerment to human health or 
the environment and consultation would be impractical. 
"(c) TECHNICAL REVIEW COMMFTTEE.—Whenever possible and prac-
tical, the Secretary shall establish a technical review committee to 
review and comment on Department of Defense actions and pro-
posed actions with respect to releases or threatened releases of 
hazardous substances at installations. Members of any such commit-
tee shall include at least one representative of the Secretary, the 
Administrator, and appropriate State and local authorities and shall 
include a public representative of the community involved. 
"§ 2706. Annual report to Congress 
"(a) REPORT ON PROGRESS IN IMPLEMENTATION.—The Secretary of 
Defense shall submit to C!ongress a report each fiscal year describing 
the prepress made by the Secretary during the preceding fiscal year 
in implementing the requirements of this chapter. 
"(b) MATTERS TO BE INCLUDED.—Each such report shall include 
the following: 
^ 
a-..rt*^«.., 
*>.t 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1725 
"(1) A statement for each installation under the jurisdiction of 
the Secretary of the number of individual facilities at which a 
hazardous substance has been identified. 
"(2) The status of response actions contemplated or under-
taken at each such facility. 
"(3) The specific cost estimates and budgetary proposals 
i
< ,-
j 
involving response actions contemplated or undertaken at each 
such facility. 
"(4) A report on progress on conducting response actions at 
facilities other than facilities on the National Priorities List. 
"§ 2707. Definitions 
10 USC 2707. 
s "In this chapter: 
5: 
"(1) The terms 'environment', 'facility', 'hazardous substance', 
'person', 'release', 'removal', 'response', 'disposal', and 'hazard-
ous waste' have the meanings given those terms in section 101 
of CERCLA (42 U.S.C. 9601). 
"(2) The term 'Administrator' means the Administrator of the 
Environmental Protection Agency.". 
(2) The tables of chapters at the beginning of subtitle A, and at the 
beginning of part IV of subtitle A, of such title are each amended by 
inserting after the item relating to chapter 159 the following new 
item: 
"160. Environmental Restoration 
2701". 
(3) The table of sections at the beginning of chapter 161 of such 
title is amended to reflect the redesignation made by paragraph 
(IXA). 
(b) MILITARY CONSTRUCTION PROJECTS.—(1) Chapter 169 of title 10, 
United States Code, is amended by inserting at the end of sub-
chapter I the following new section: 
"§ 2810. Construction projects for environmental response actions 
10 USC 2810. 
"(a) Subject to subsection (b), the Secretary of Defense may carry 
out a military construction project not otherwise authorized by law 
(or may authorize the Secretary of a military department to carry 
out such a project) if the Secretary of Defense determines that the 
project is necessary to carry out a response action under chapter 160 
of this title or under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). 
"(b)(1) When a decision is made to carry out a military construe- 
Reports. 
-i r 
tion project under this section, the Secretary of Defense shall submit 
a report in writing to the appropriate committees of Congress on 
that decision. Each such report shall include— 
"(A) the justification for the project and the current estimate 
of the cost of the project; and 
"(B) the justification for carrying out the project under this 
section. 
"(2) The project may then be carried out only after the end of the 
21-day period beginning on the date the notification is received by 
such committees. 
"(c) In this section, the term 'response action' has the meaning 
given that term in section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9601).". 
100 STAT. 1726 
PUBLIC LAW 99-499—OCT. 17, 1986 
(2) The table of sections at the beginning of subchapter I of such 
chapter is amended by adding at the end thereof the following new 
item: 
"2810. Construction projects for environmental response actions.". 
10 use 2703 
(c) EFFECTIVE DATE.—Section 2703(a)(2) of title 10, United States 
note- 
Code, as added by subsection (a), shall apply with respect to funds 
appropriated for fiscal years beginning after September 30, 1986. 
SEC. 212. REPORT AND OVERSIGHT REQUIREMENTS. 
Ante, p. 1707. 
Section 301 of CERCLA is amended by adding at the end thereof 
42 use 9651. 
the following new subsection: 
"(h) REPORT AND OVERSIGHT REQUIREMENTS.— 
" 
"(1) ANNUAL REPORT BY EPA.—On January 1 of each year the 
" Administrator of the Environmental Protection Agency shall 
submit an annual report to Congress of such Agency on the 
progress achieved in implementing this Act during the preced-
ing fiscal year. In addition such report shall specifically include 
;i each of the following: 
"(A) A detailed description of each feasibility study car-
ried out at a facility under title I of this Act. 
"(B) The status and estimated date of completion of each 
, 
such study. 
"(C) Notice of each such study which will not meet a 
5 V
, 
previously published schedule for completion and the new 
estimated date for completion. 
"(D) An evaluation of newly developed feasible and 
achievable permanent treatment technologies. 
J 
"(E) Progress made in reducing the number of facilities 
'!' 
subject to review under section 121(c). 
' 
'' 
"(F) A report on the status of all remedial and enforce-
ment actions undertaken during the prior fiscal year, 
r 
,.,». 
including a comparison to remedial and enforcement ac-
tions undertaken in prior fiscal years. 
"(G) An estimate of the amount of resources, including 
the number of work years or personnel, which would be 
necessary for each department, agency, or instrumentality 
which is carrying out any activities of this Act to complete 
the implementation of all duties vested in the department, 
agency, or instrumentality under this Act. 
"(2) REVIEW BY INSPECTOR GENERAL.—Consistent with the 
5 use app. 
authorities of the Inspector General Act of 1978 the Inspector 
General of the Environmental Protection Agency shall review 
K] any report submitted under paragraph (1) related to EPA's 
activities for reasonableness and accuracy and submit to Con-
t? ^ gress, as a part of such report a report on the results of such 
review. 
"(3) CONGRESSIONAL OVERSIGHT.—After receiving the reports 
under paragraphs (1) and (2) of this subsection in any calendar 
year, the appropriate authorizing committees of Congress shall 
a conduct oversight hearings to ensure that this Act is being 
implemented according to the purposes of this Act and congres-
sional intent in enacting this Act.". 
SEC. 213. LOVE CANAL PROPERTY ACQUISITION. 
42 use 9661 
(a) CONGRESSIONAL FINDINGS.— 
note. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1727 
New York. 
42 use 9661. 
Grants. 
(1) The area known as Love Canal located in the city of New York. 
Niagara Falls and the town of Wheatfield, New York, was the 
first toxic waste site to receive national attention. As a result of 
that attention Congress investigated the problems associated 
with toxic waste sites and enacted CERCLA to deal with these 
problems. 
(2) Because Love Canal came to the Nation's attention prior to 
the passage of CERCLA and because the fund under CERCLA 
was not available to compensate for all of the hardships en-
dured by the citizens in the area, Congress has determined that 
special provisions are required. These provisions do not affect 
the lawfulness, implementation, or selection of any other re-
sponse actions at Love Canal or at any other facilities. 
(b) AMENDMENT OF SUPERFUND.—Title III of CERCLA is amended 
by adding the following new section at the end thereof: 
"SEC. 312. LOVE CANAL PROPERTY ACQUISITION. 
"(a) ACQUISITION OF PROPERTY IN EMERGENCY DECLARATION 
AREA.—The Administrator of the Environmental Protection Agency 
(hereinafter referred to as the 'Administrator') may make grants not 
to exceed $2,500,000 to the State of New York (or to any duly 
constituted public agency or authority thereof) for purposes of ac-
quisition of private property in the Love Canal Emergency Declara-
tion Area. Such acquisition shall include (but shall not be limited to) 
all private property within the Emergency Declaration Area, includ-
ing non-owner occupied residential properties, commercial, indus-
trial, public, religious, non-profit, and vacant properties. 
"(b) PROCEDURES FOR ACQUISITION.—No property shall be acquired 
pursuant to this section unless the property owner voluntarily 
agrees to such acquisition. Compensation for any property acquired 
pursuant to this section shall be based upon the fair market value of 
the property £is it existed prior to the emergency declaration. Valu-
ation procedures for property acquired with funds provided under 
this section shall be in accordance with those set forth in the 
agreement entered into between the New York State Disaster 
Preparedness Commission and the Love Canal Revitalization 
Agency on October 9,1980. 
"(c) STATE OWNERSHIP.—The Administrator shall not provide any 
Contracts, 
funds under this section for the acquisition of any properties pursu-
ant to this section unless a public agency or authority of the State of 
New York first enters into a cooperative agreement with the 
Administrator providing assurances deemed adequate by the 
Administrator that the State or an agency created under the laws of 
the State shall take title to the properties to be so acquired. 
"(d) MAINTENANCE OF PROPERTY.—The Administrator shall enter 
Contracts. 
into a cooperative agreement with an appropriate public agency or 
authority of the State of New York under which the Administrator 
shall maintain or arrange for the maintenance of all properties 
within the Emergency Declaration Area that have been acquired by 
any public agency or authority of the State. Ninety (90) percent of 
the costs of such maintenance shall be paid by the Administrator. 
The remaining portion of such costs shall be paid by the State 
(unless a credit is available under section 104(c)). The Administrator 
Ante, p. 1619. 
is authorized, in his discretion, to provide technical assistance to any 
public agency or authority of the State of New York in order to 
implement the recommendations of the habitability and land-use 
100 STAT. 1728 
PUBLIC LAW 99-499—OCT. 17, 1986 
Ante, pp. 1642, 
1706, 1696. 
Emergency 
Planning and 
C!ommunity 
Right-To-Know 
Act of 1986. 
42 u s e 11001 
note. 
study in order to put the land within the Emergency Declaration 
Area to its best use. 
"(e) HABITABIUTY AND LAND USE STUDY.—The Administrator 
shall conduct or cause to be conducted a habitability and land-use 
study. The study shall— 
"(1) assess the risks associated with inhabiting of the Love 
Canal Emergency Declaration Area; 
"(2) compare the level of hazardous waste contamination in 
that Area to that present in other comparable communities; and 
"(3) assess the potential uses of the land within the Emer-
gency Declaration Area, including but not limited to residential, 
industrial, commercial and recreational, and the risks associ-
ated with such potential uses. 
The Administrator shall publish the findings of such study and shall 
work with the State of New York to develop recommendations based 
upon the results of such study. 
"(f) FUNDING.—For purposes of section 111 [and 221(c) of this 
Act], the expenditures authorized by this section shall be treated as 
a cost specified in section 111(c). 
"(g) RESPONSE.—The provisions of this section shall not affect the 
implementation of other response actions within the Emergency 
Declaration Area that the Administrator has determined (before 
enactment of this section) to be necessary to protect the public 
health or welfare or the environment. 
"(h) DEFINITIONS.—For purposes of this section: 
"(1) EMERGENCY DECLARATION AREA.—The terms 'Emergency 
Declaration Area' and 'Love Canal Emergency Declaration 
Area' mean the Emergency Declaration Area as defined in 
section 950, paragraph (2) of the General Municipal Law of the 
State of New York, Chapter 259, Laws of 1980, as in effect on 
the date of the enactment of this section. 
"(2) PRIVATE PROPERTY.—As used in subsection (a), the term 
'private property' means all property which is not owned by a 
department, agency, or instrumentality o
f
— 
"(A) the United States, or 
"(B) the State of New York (or any public agency or 
authority thereof).". 
TITLE III—EMERGENCY PLANNING AND COMMUNITY 
RIGHT-TO-KNOW 
SEC. 300. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This title may be cited £is the "Emergency 
Planning and (Community Right-To-Know Act of 1986". 
(b) TABLE OF CONTENTS.—The table of contents of this title is as 
follows: 
Sec. 300. Short title; table of contents. 
Subtitle A—Emergency Planning and Notification 
Sec. 301. Establishment of State commissions, planning districts, and local commit-
tees. 
Sec. 302. Substances and facilities covered and notification. 
Sec. 303. Comprehensive emergency response plans. 
Sec. 304. Emergency notification. 
Sec. 305. Emergency training and review of emergency systems. 
Subtitle B—Reporting Requirements 
Sec. 311. Material safety data sheets. 
"^ ^ "W^J-^ -««;. .« ^ ^^w 4w-.iu::j. ,.ai 
'•• r 1 "if-jlJ ir 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1729 
Sec. 312. Emergency and hazardous chemical inventory forms. 
Sec. 313. Toxic chemical release forms. 
, 
Subtitle C—General Provisions 
Sec. 321. Relationship to other law. 
Sec. 322. Trade secrets. 
Sec. 323. Provision of information to health professionals, doctors, and nurses. 
• 
Sec. 324. Public availability of plans, data sheets, forms, and followup notices. 
Sec. 325. Enforcement. 
Sec. 326. Civil Actions. 
Sec. 327. Exemption. 
Sec. 328. Regulations. 
Sec. 329. Definitions. 
Sec. 330. Authorization of appropriations. 
Subtitle A—Emergency Planning and Notification 
SEC. 301. ESTABLISHMENT OF STATE COMMISSIONS, PLANNING DIS- 
42 USC 11001. 
TRICTS, AND LOCAL COMMITTEES. 
(a) 
ESTABLISHMENT OF STATE EMERGENCY RESPONSE COMMIS-
SIONS.—Not later than six months after the date of the enactment of 
this title, the Governor of each State shall appoint a State emer-
gency response commission. The Governor may designate as the 
State emergency response commission one or more existing emer-
gency response organizations that are State-sponsored or appointed. 
The Governor shall, to the extent practicable, appoint persons to the 
State emergency response commission who have technical expertise 
in the emergency response field. The State emergency response 
commission shall appoint local emergency planning committees 
under subsection (c) and shall supervise and coordinate the activities 
of such committees. The State emergency response commission shall 
establish procedures for receiving and processing requests from the 
public for information under section 324, including tier II informa-
tion under section 312. Such procedures shall include the designa-
tion of an official to serve as coordinator for information. If the 
Governor of any State does not designate a State emergency 
response commission within such period, the Governor shall operate 
ffoiJsIji:^ 
as the State emergency response commission until the Governor 
makes such designation. 
(b) 
ESTABLISHMENT OF EMERGENCY PLANNING DISTRICTS.—Not 
later than nine months after the date of the enactment of this title, 
the State emergency response commission shall designate emer-
gency planning districts in order to facilitate preparation and 
implementation of emergency plans. Where appropriate, the State 
emergency response commission may designate existing political 
subdivisions or multijurisdictional planning organizations as such 
districts. In emergency planning areas that involve more than one 
State, the State emergency response commissions of all potentially 
affected States may designate emergency planning districts and 
local emergency planning committees by agreement. In making 
such designation, the State emergency response commission shall 
indicate which facilities subject to the requirements of this subtitle 
are within such emergency planning district. 
(c) ESTABLISHMENT OF LOCAL EMERGENCY PLANNING COMMIT-
TEES.—Not later than 30 days after designation of emergency plan-
ning districts or 10 months after the date of the enactment of this 
title, whichever is earlier, the State emergency response commission 
shall appoint members of a local emergency planning committee for 
each emergency planning district. Each committee shall include, at 
100 STAT. 1730 
PUBLIC LAW 99-499—OCT. 17, 1986 
a minimum, representatives from each of the following groups or 
organizations: elected State and local officials; law enforcement, 
civil defense, firefighting, first aid, health, local environmental, 
hospital, and transportation personnel; broadcast and print media; 
community groups; and owners and operators of facilities subject to 
the requirements of this subtitle. Such committee shall appoint a 
chairperson and shall establish rules by which the committee shall 
function. Such rules shall include provisions for public notification 
of committee activities, public meetings to discuss the emergency 
plan, public comments, response to such comments by the commit-
tee, and distribution of the emergency plan. The local emergency 
planning committee shall establish procedures for receiving and 
processing requests from the public for information under section 
324, including tier II information under section 312. Such proce-
dures shall include the designation of an official to serve as 
coordinator for information. 
(d) REVISIONS.—A State emergency response commission may 
revise its designations and appointments under subsections (b) and 
(c) as it deems appropriate. Interested persons may petition the 
State emergency response commission to modify the membership of 
a local emergency planning committee. 
42 use 11002. 
SEC. 302. SUBSTANCES AND FACILITIES COVERED AND NOTIFICATION. 
(a) SUBSTANCES COVERED.— 
(1) IN GENERAL.—A substance is subject to the requirements of 
this subtitle if the substance is on the list published under 
paragraph (2). 
(2) LIST dr EXTREMELY HAZARDOUS SUBSTANCES.—Within 30 
days after the date of the enactment of this title, the Adminis-
trator shall publish a list of extremely hazardous substances. 
The list shall be the same as the list of substances published in 
November 1985 by the Administrator in Appendix A of the 
"Chemical 
Emergency 
Preparedness 
Program 
Interim 
Guidance". 
Regulations. 
(3) THRESHOLDS.—(A) At the time the list referred to in para-
graph (2) is published the Administrator shall— 
(i) publish an interim final regulation establishing a 
threshold planning quantity for each substance on the list, 
taking into account the criteria described in paragraph (4), 
and 
(ii) initiate a rulemaking in order to publish final regula-
tions establishing a threshold planning quantity for each 
substance on the list. 
(B) The threshold planning quantities may, at the Adminis-
trator's discretion, be based on classes of chemicals or categories 
of facilities. 
(C) If the Administrator fails to publish an interim final 
r^ulation establishing a threshold planning quantity for a 
substance within 30 days after the date of the enactment of this 
title, the threshold planning quantity for the substance shall be 
2 pounds until such time as the Administrator publishes regula-
tions establishing a threshold for the substance. 
(4) REVISIONS.—The Administrator may revise the list and 
thresholds under paragraphs (2) and (3) from time to time. Any 
revisions to the list shall take into account the toxicity, reactiv-
ity, volatility, dispersability, combustability, or flammability of 
a substance. For purposes of the preceding sentence, the term 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1731 
"toxicity" shall include any short- or long-term health effect 
which may result from a short-term exposure to the substance. 
(b) FACILITIES COVERED.—(1) Except as provided in section 304, a 
facility is subject to the requirements of this subtitle if a substance 
on the list referred to in subsection (a) is present at the facility in an 
amount in excess of the threshold planning quantity established for 
such substance. 
(2) For purposes of emergency planning, a Governor or a State 
emergency response commission may designate additional facilities 
which shall be subject to the requirements of this subtitle, if such 
designation is made after public notice and opportunity for com-
ment. The Governor or State emergency response commission shall 
notify the facility concerned of any facility designation under this 
paragraph. 
(c) EMERGENCY PLANNING NOTIFICATION.—Not later than seven 
months after the date of the enactment of this title, the owner or 
operator of each facility subject to the requirements of this subtitle 
by reason of subsection (bXD shall notify the State emergency 
response commission for the State in which such facility is located 
that such facility is subject to the requirements of this subtitle. 
Thereafter, if a substance on the list of extremely hazardous sub-
stances referred to in subsection (a) first becomes present at such 
facility in excess of the threshold planning quantity established for 
such substance, or if there is a revision of such list and the facility 
has present a substance on the revised list in excess of the threshold 
planning quantity established for such substance, the owner or 
operator of the facility shall notify the State emergency response 
commission and the local emergency planning committee within 60 
days after such acquisition or revision that such facility is subject to 
the requirements of this subtitle. 
(d) NOTIFICATION OF ADMINISTRATOR.—The State emergency 
response commission shall notify the Administrator of facilities 
subject to the requirements of this subtitle by notifying the Adminis-
trator of— 
(1) each notification received from a facility under subsection 
(c), and 
(2) each facility designated by the Governor or State emer-
gency response commission under subsection 0)X2). 
SEC. 303. COMPREHENSIVE EMERGENCY RESPONSE PLANS. 
42 USC 11003. 
(a) PLAN REQUIRED.—Each local emergency planning committee 
shall complete preparation of an emergency plan in accordance with 
this section not later than two years after the date of the enactment 
of this title. The committee shall review such plan once a year, or 
more frequently as changed circumstances in the community or at 
any facility may require. 
(b) RESOURCES.—Each local emergency planning committee shall 
evsduate the need for resources necessary to develop, implement, 
and exercise the emergency plan, and shall make recommendations 
with respect to additional resources that may be required and the 
means for providing such additional resources. 
(c) PLAN PROVISIONS.—Each emergency plan shall include Osut is 
not limited to) each of the following: 
(1) Identification of facilities subject to the requirements of 
this subtitle that are within the emergency planning district, 
identification of routes likely to be used for the transportation 
of substances on the list of extremely hazardous substences 
100 STAT. 1732 
PUBLIC LAW 99-499—OCT. 17, 1986 
referred to in section 302(a), and identification of additional 
facilities contributing or subjected to additional risk due to their 
proximity to facilities subject to the requirements of this sub-
title, such as hospitals or natural gas facilities. 
(2) Methods and procedures to be followed by facility owners 
and operators and local emergency and medical personnel to 
respond to any release of such substances. 
(3) Designation of a community emergency coordinator and 
facility emergency coordinators, who shall make determinations 
necessary to implement the plan. 
(4) Procedures providing reliable, effective, and timely 
notification by the facility emergency coordinators and the 
community emergency coordinator to persons designated in the 
emergency plan, and to the public, that a release has occurred 
(consistent with the emergency notification requirements of 
section 304). 
(5) Methods for determining the occurrence of a release, and 
the area or population likely to be affected by such release. 
(6) A description of emergency equipment and facilities in the 
community and at each facility in the community subject to the 
requirements of this subtitle, and an identification of the per-
sons responsible for such equipment and facilities. 
(7) Evacuation plans, including provisions for a precautionary 
evacuation and alternative traffic routes. 
(8) Training programs, including schedules for training of 
local emergency response and medical personnel. 
(9) Methods and schedules for exercising the emergency plan. 
(d) PROVIDING OF INFORMATION.—For each facility subject to the 
requirements of this subtitle: 
(1) Within 30 days after establishment of a local emergency 
planning committee for the emergency planning district in 
which such facility is located, or within 11 months after the date 
of the enactment of this title, whichever is earlier, the owner or 
operator of the facility shall notify the emergency planning 
committee (or the Governor if there is no committee) of a 
facility representative who will participate in the emergency 
planning process as a facility emergency coordinator. 
(2) The owner or operator of the facility shall promptly inform 
the emergency planning committee of any relevant changes 
occurring at such facility as such changes occur or are expected 
to occur. 
(3) Upon request from the emergency planning committee, 
the owner or operator of the facility shall promptly provide 
information to such committee necessary for developing and 
implementing the emergency plan. 
(e) REVIEW BY THE STATE EMERGENCY RESPONSE COMMISSION.— 
After completion of an emergency plan under subsection (a) for an 
emergency planning district, the local emergency planning commit-
tee shall submit a copy of the plan to the State emergency response 
commission of each State in which such district is located. The 
commission shall review the plan and make recommendations to the 
committee on revisions of the plan that may be necessary to ensure 
coordination of such plan with emergency response plans of other 
emergency planning districts. To the maximum extent practicable, 
such review shall not delay implementation of such plan. 
(f) GUIDANCE DOCUMENTS.—The national response team, as estab-
lished pursuant to the National Contingency Plan as established 
Mil :i?: 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1733 
under section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 
42 USC 9605. 
shall publish guidance documents for preparation and implementa-
tion of emergency plans. Such documents shall be published not 
later than five months after the date of the enactment of this title, 
(g) 
REVIEW OF PLANS BY REGIONAL RESPONSE TEAMS.—The 
regional response teams, as established pursuant to the National 
^^' 
• 
Contingency Plan as established under section 105 of the Com-
prehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601 et seq.), may review and comment upon 
42 USC 9605. 
an emergency plan or other issues related to preparation, 
implementation, or exercise of such a plan upon request of a local 
emergency planning committee. Such review shall not delay 
implementation of the plan. 
SEC. 304. EMERGENCY NOTIFICATION. 
42 USC 11004. 
(a) TYPES OF RELEASES.— 
(1) 302(a) .SUBSTANCE WHICH REQUIRES CERCLA NOTICE.—If a 
release of an extremely hazardous substance referred to in 
section 302(a) occurs from a facility at which a hazardous 
Ante, p. 1730. 
chemical is produced, used, or stored, and such release requires 
* 
a notification under section 103(a) of the Comprehensive 
*~ Environmental Response, Compensation, and Liability Act of 
• 
1980 (hereafter in this section referred to as "CERCLA") (42 
42 use 9603. 
' 
U.S.C. 9601 et seq.), the owner or operator of the facility shall 
fe immediately provide notice as described in subsection (b). 
(2) OTHER 302(a) SUBSTANCE.—If a release of an extremely 
^ 
hazardous substance referred to in section 302(a) occurs from a 
facility at which a hazardous chemical is produced, used, or 
stored, and such release is not subject to the notification 
requirements under section 103(a) of CERCLA, the owner or 
""' operator of the facility shall immediately provide notice as 
described in subsection (b), but only if the release— 
^ 
(A) is not a federally permitted release as defined in 
section 101(10) of CERCLA, 
">'..: 
(g) is in an amount in excess of a quantity which the 
Administrator has determined (by regulation) requires 
J 
notice, and 
?aiBS<; 
(C) occurs in a manner which would require notification 
under section 103(a) of CERCLA. 
""i Unless and until superseded by regulations establishing a quan-
• tity for an extremely heizardous substance described in 
* this paragraph, a quantity of 1 pound shall be deemed that 
quantity the release of which requires notice as described in 
; 
suteection (b). 
(3) NoN-302(a) SUBSTANCE WHICH REQUIRES CERCLA NOTICE.—If 
a release of a substance which is not on the list referred to in 
section 302(a) occurs at a facility at which a hazardous chemical 
^ 
is produced, used, or stored, and such release requires notifica-
tion under section 103(a) of CERCLA, the owner or operator 
* 
shall provide notice as follows: 
(A) If the substance is one for which a reportable quantity 
" 
has been established under section 102(a) of CERCLA, the 
Ante, p. 1617. 
1 
owner or operator shall provide notice as described in 
'^ 
subsection (b). 
(B) If the substance is one for which a reportable quantity 
has not been established under section 102(a) of CERCLA— 
100 STAT. 1734 
PUBLIC LAW 99-499—OCT. 17, 1986 
,,- 
(i) Until April 30, 1988, the owner or operator shall 
provide, for releases of one pound or more of the sub-
stance, the same notice to the community emergency 
coordinator for the local emergency planning commit-
tee, at the same time and in the same form, as notice is 
provided to the National Response Center under sec-
42 use 9603. 
tion 103(a) of CERCLA. 
(ii) On and after April 30,1988, the owner or operator 
shall provide, for releases of one pound or more of the 
J ,
> ,;,, ;.j 
substance, the notice as described in subsection 0)). 
'" * 
(4) EXEMPTED RELEASES.—This section does not apply to any 
release which results in exposure to persons solely within the 
site or sites on which a facility is located. 
Q)) NOTIFICATION.— 
(1) RECIPIENTS OF NOTICE.—Notice required under subsection 
> : 
'> 
(a) shall be given immediately after the release by the owner or 
operator of a facility (by such means as telephone, radio, or in 
person) to the community emergency coordinator for the local 
, emergency planning committees, if established pursuant to sec-
Ante, p. 1729. 
tion 301(c), for any area likely to be affected by the release and 
to the State emergency planning commission of any State likely 
to be affected by the release. With respect to transportation of a 
substance subject to the requirements of this section, or storage 
;,.., ^ 
incident to such transportation, the notice requirements of this 
section with respect to a release shall be satisfied by dialing 911 
or, in the absence of a 911 emergency telephone number, calling 
J the operator. 
; 
(2) CONTENTS.—Notice required under subsection (a) shall 
include each of the following (to the extent known at the time of 
the notice and so long as no delay in responding to the emer-
gency results): 
(A) The chemical name or identity of any substance 
involved in the release. 
(B) An indication of whether the substance is on the list 
referred to in section 302(a). 
(C) An estimate of the quantity of any such substance 
that was released into the environment. 
(D) The time and duration of the release. 
(E) The medium or media into which the release 
*
^ 
occurred. 
(F) Any known or anticipated acute or chronic health 
risks associated with the emergency and, where appro-
priate, advice regarding medical attention necessary for 
exposed individuals. 
(G) Proper precautions to take as a result of the release, 
including evacuation (unless such information is readily 
available to the community emergency coordinator pursu-
ant to the emergency plan). 
(H) The name and telephone number of the person or 
persons to be contacted for further information. 
(c) FoLLOWUP EMERGENCY NOTICE.—As soon as practicable after a 
release which requires notice under subsection (a), such owner or 
operator shall provide a written followup emergency notice (or 
si9j q «
^
s
v
f
, notices, as more information becomes available) setting forth and 
updating the information required under subsection (b), and includ-
ing additional information with respect trt— 
(1) actions taken to respond to and contain the release. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1735 
(2) any known or anticipated acute or chronic health risks 
associated with the release, and 
(3) where appropriate, advice regarding medical attention 
necessary for exposed individuals. 
(d) TRANSPORTATION EXEMPTION NOT APPLICABLE.—The exemption 
provided in section 327 (relating to transportation) does not apply to 
this section. 
Post, p. 1757. 
Appropriation 
authorization. 
Grants. 
SEC. 305. EMERGENCY TRAINING AND REVIEW OF EMERGENCY SYSTEMS. 
42 USC 11005. 
(a) EMERGENCY TRAINING.— 
J 
(1) PROGRAMS.—Officials of the United States Government 
carrying out existing Federal programs for emergency training 
are authorized to specifically provide training and education 
programs for Federal, State, and local personnel in hazard 
mitigation, emergency preparedness, fire prevention and con-
trol, disaster response, long-term disaster recovery, national 
security, technological and natural hazards, and emergency 
processes. Such programs shall provide special emphasis for 
such training and education with respect to hazardous 
chemicals. 
(2) STATE AND LOCAL PROGRAM SUPPORT.—There is authorized 
to be appropriated to the Federal Emergency Management 
Agency for each of the fiscal years 1987, 1988, 1989, and 1990, 
$5,000,000 for making grants to support programs of State and 
local governments, and to support university-sponsored pro-
grams, which are designed to improve emergency planning, 
: 
preparedness, mitigation, response, and recovery capabilities. 
Such programs shall provide special emphasis with respect to 
emergencies associated with hazardous chemicals. Such grants 
may not exceed 80 percent of the cost of any such program. The 
remaining 20 percent of such costs shall be funded from non-
Federal sources. 
(3) OTHER PROGRAMS.—Nothing in this section shall affect the 
availability of appropriations to the Federal 
Emergency 
Management Agency for any programs carried out by such 
agency other than the programs referred to in paragraph (2). 
I (b) REVIEW OF EMERGENCY SYSTEMS.— 
(1) REVIEW.—The Administrator shall initiate, not later than 
30 days after the date of the enactment of this title, a review of 
emergency systems for monitoring, detecting, and preventing 
releases of extremely hazardous substances at representative 
domestic facilities that produce, use, or store extremely hazard-
ous substances. The Administrator may select representative 
extremely hazardous substances from the substances on the list 
referred to in section 302(a) for the purposes of this review. The 
Administrator shall report interim findings to the Congress not 
later than seven months after such date of enactment, and issue 
a final report of findings and recommendations to the Congress 
not later than 18 months after such date of enactment. Such 
report shall be prepared in consultation with the States and 
appropriate Federal agencies. 
(2) REPORT.—The report required by this subsection shall 
include the Administrator's findings regarding each of the 
following: 
(A) The status of current technological capabilities to (i) 
monitor, detect, and prevent, in a timely manner, signifi-
cant releases of extremely hazardous substances, (ii) deter-
'•^'•j 
•' 
Reports. 
.
•
^
-
100 STAT. 1736 
PUBLIC LAW 99-499—OCT. 17, 1986 
, i^ ; mine the magnitude and direction of the hazard posed by 
each release, (iii) identify specific substances, (iv) provide 
rxi;? 
data on the specific chemical composition of such releases, 
and (v) determine the relative concentrations of the 
constituent substances. 
(B) The status of public emergency alert devices or sys-
tems for providing timely and effective public warning of 
an accidental release of extremely hazardous substances 
' into the environment, including releases into the at-
mosphere, surface water, or groundwater from facilities 
that produce, store, or use significant quantities of such 
extremely hazardous substances. 
(C) The technical and economic feasibility of establishing, 
maintaining, and operating perimeter alert systems for 
detecting releases of such extremely hazardous substances 
into the atmosphere, surface water, or groundwater, at 
facilities that manufacture, use, or store significant quan-
tities of such substances. 
Reports. 
' 
(3) RECOMMENDATIONS.—The report required by this subsec-
tion shall also include the Administrator's recommendations 
for— 
(A) initiatives to support the development of new or 
improved technologies or systems that would facilitate the 
timely monitoring, detection, and prevention of releases of 
extremely hazardous substances, and 
(B) improving devices or systems for effectively alerting 
the public in a timely manner, in the event of an accidental 
release of such extremely hazardous substances. 
i.tr , 3
c 
Subtitle B—Reporting Requirements 
42 use 11021. 
SEC. 311. MATERIAL SAFETY DATA SHEETS. 
. r
, 
(a) BASIC REQUIREMENT.— 
(1) SUBMISSION OF MSDS OR UST.—The owner or operator of 
any facility which is required to prepare or have available a 
material safety data sheet for a hazardous chemical under the 
Occupational Safety and Health Act of 1970 and regulations 
29 use 651 note. 
promulgated under that Act (15 U.S.C. 651 et seq.) shall submit 
a material safety data sheet for each such chemical, or a list of 
such chemicals as described in paragraph (2), to each of the 
following: 
(A) The appropriate local emergency planning committee. 
(B) The State emergency response commission. 
*^ 
(C) The fire department with jurisdiction over the facility. 
(2) CONTENTS OF UST.—(A) The list of chemicals referred to in 
paragraph (1) shall include each of the following: 
Regulations. 
(i) A list of the hazardous chemicals for which a material 
hf^B s; > safety data sheet is required under the Occupational Safety 
and Health Act of 1970 and regulations promulgated under 
svc^rir .' that Act, grouped in categories of health and physical 
: j r ,. 
hazards as set forth under such Act and regulations 
promulgated under such Act, or in such other categories as 
the Administrator may prescribe under subparagraph (B). 
(ii) The chemical name or the common name of each such 
r <si:. chemical as provided on the material safety data sheet. 
f l v'i 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1737 
(iii) Any hazardous component of each such chemical as 
provided on the material safety data sheet. 
(B) For purposes of the list under this paragraph, the Reports. 
Administrator may modify the categories of health and physical 
hazards as set forth under the Occupational Safety and Health 
\ 
Act of 1970 and regulations promulgated under that Act by 
29 USC 651 note. 
requiring information to be reported in terms of groups of 
s 
hazardous chemicals which present similar hazards in an 
f 
emergency. 
(3) TREATMENT OF MIXTURES.—An owner or operator may 
meet the requirements of this section with respect to a hazard-
0 
ous chemical which is a mixture by doing one of the following: 
(A) Submitting a material safety data sheet for, or identi-
fjdng on a list, each element or compound in the mixture 
which is a hazardous chemical. If more than one mixture 
'' 
« 
has the same element or compound, only one material 
ir. 
safety data sheet, or one listing, of the element or 
^' 
compound is necessary. 
t 
(B) Submitting a material safety data sheet for, or identi- 
;
< OB?j '^j 
fying on a list, the mixture itself. 
(b) THRESHOLDS.—The Administrator may establish threshold 
quantities for hazardous chemicals below which no facility shall be 
subject to the provisions of this section. The threshold quantities 
may, in the Administrator's discretion, be based on classes of chemi-
cals or categories of facilities. 
(c) AVAILABILITY OF M S D S ON REQUEST.— 
(1) To LOCAL EMERGENCY PLANNING COMMITTEE.—If an owner 
or operator of a facility submits a list of chemicals under 
subsection (aXD, the owner or operator, upon request by the 
local emergency plemning committee, shall submit the material 
safety data sheet for any chemical on the list to such committee. 
(2) To PUBLIC.—A local emergency planning committee, upon 
request by any person, shall make available a material safety 
data sheet to the person in accordance with section 324. If the 
i 
local emergency planning committee does not have the re-
quested material safety data sheet, the committee shall request 
r 
the sheet from the facility owner or operator and then make the 
i 
sheet available to the person in accordance with section 324. 
(d) INITIAL SUBMISSION AND UPDATING.—(1) The initial material 
safety data sheet or list required under this section with respect to a 
hazardous chemical shall be provided before the later of— 
(A) 12 months after the date of the enactment of this title, or 
(B) 3 months after the owner or operator of a facility is 
k 
required to prepare or have available a material safety data 
V
, 
sheet for the chemical under the Occupational Safety and 
J 
Hesdth Act of 1970 and regulations promulgated under that Act. 
29 USC 651 note. 
(2) Within 3 months following discovery by an owner or operator 
of significant new information concerning an aspect of a hazardous 
chemicsd for which a material safety data sheet was previously 
submitted to the local emergency planning committee under subsec-
tion (a), a revised sheet shall be provided to such person. 
(e) HAZARDOUS CHEMICAL DEFINED.—For purposes of this section, 
the term "hazardous chemical" has the meaning given such term by 
section 1910.1200(c) of title 29 of the Code of Federal Regulations, 
except that such term does not include the following: 
(1) Any food, food additive, color additive, drug, or cosmetic 
•f- regulated by the Food and Drug Administration. 
100 STAT. 1738 
PUBLIC LAW 99-499—OCT. 17, 1986 
'-! 
(2) Any substance present as a solid in any manufactured 
item to the extent exposure to the substance does not occur 
under normal conditions of use. 
(3) Any substance to the extent it is used for personal, family, 
or household purposes, or is present in the same form and 
' • 
concentration as a product packaged for distribution and use by 
the general public. 
I 
(4) Any substance to the extent it is used in a research 
laboratory or a hospital or other medical facility under the 
direct supervision of a technically qualified individual. 
(5) Any substance to the extent it is used in routine agricul-
tural operations or is a fertilizer held for sale by a retailer to 
the ultimate customer. 
42 u s e 11022. 
SEC. 312. EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORMS. 
(a) BASIC REQUIREMENT.—(1) The owner or operator of any facility 
which is required to prepare or have available a material safety data 
sheet for a hazardous chemical under the Occupational Safety and 
29 use 651 note. 
Health Act of 1970 and regulations promulgated under that Act 
shall prepare and submit an emergency and hazardous chemical 
inventory form (hereafter in this title referred to as an "inventory 
form") to each of the following: 
(A) The appropriate local emergency planning committee. 
(B) The State emergency response commission. 
(C) The fire department with jurisdiction over the facility. 
(2) The inventory form containing tier I information (as described 
in subsection (dXl)) shall be submitted on or before March 1, 1988, 
and annually thereafter on March 1, and shall contain data with 
respect to the preceding calendar year. The preceding sentence does 
not apply if an owner or operator provides, by the same deadline 
and with respect to the same calendar year, tier II information (as 
described in subsection (dX2)) to the recipients described in para-
graph (1). 
(3) An owner or operator may meet the requirements of this 
section with respect to a hazardous chemical which is a mixture by 
doing one of the following: 
(A) Providing information on the inventory form on each 
element or compound in the mixture which is a hazardous 
chemical. If more than one mixture has the same element or 
compound, only one listing on the inventory form for the ele-
ment or compound at the facility is necessary. 
(B) Providing information on the inventory form on the mix-
ture itself. 
(b) THRESHOLDS.—The Administrator may establish threshold 
quantities for hazardous chemicals covered by this section below 
--•ir.v ,, 
which no facility shall be subject to the provisions of this section. 
The threshold quantities may, in the Administrator's discretion, be 
based on classes of chemicals or categories of facilities. 
(c) HAZARDOUS CHEMICALS COVERED.—A hazardous chemical sub-
ject to the requirements of this section is any hazardous chemical 
for which a material safety data sheet or a listing is required under 
section 311. 
(d) CONTENTS OF FORM.— 
(1) TIER I INFORMATION.— 
(A) AGGREGATE INFORMATION BY CATEGORY.—An inven-
-W , 
tory form shall provide the information described in 
subparagraph (B) in aggregate terms for hazardous chemi-
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1739 
cals in categories of health and physical hazards as set forth 
under the Occupational Safety and Health Act of 1970 and 
29 USC 651 note. 
regulations promulgated under that Act. 
(B) REQUIRED INFORMATION.—The information referred to 
in subparagraph (A) is the following: 
(i) An estimate (in ranges) of the maximum amount 
of hazardous chemicals in each category present at the 
facility at any time during the preceding calendar year. 
(ii) An estimate (in ranges) of the average daily 
amount of hazardous chemicals in each category 
present at the facility during the preceding calendar 
year. 
(iii) The general location of hazardous chemicals in 
each category. 
(C) MODIFICATIONS.—For purposes of reporting informa-
tion under this paragraph, the Administrator may— 
(i) modify the categories of health and physical haz- 
Regulations, 
ards as set forth under the Occupational Safety and 
Health Act of 1970 and regulations promulgated under 
that Act by requiring information to be reported in 
terms of groups of hazardous chemicals which present 
similar hazards in an emergency, or 
(ii) require 
reporting 
on 
individual 
hazardous 
chemicals of special concern to emergency response 
personnel. 
(2) TIER II INFORMATION.—An inventory form shall provide the 
following additional information for each hazardous chemical 
present at the facility, but only upon request and in accordance 
with subsection (e): 
(A) The chemical name or the common name of the 
chemical as provided on the material safety data sheet. 
(B) An estimate (in ranges) of the maximum amount of 
the hazardous chemical present at the facility at any time 
during the preceding calendar year. 
(C) An estimate (in ranges) of the average daily amount of 
the hazardous chemical present at the facility during the 
preceding calendar year. 
(D) A brief description of the manner of storage of the 
hazardous chemical. 
(E) The location at the facility of the hazardous chemical. 
(F) An indication of whether the owner elects to withhold 
location information of a specific hazardous chemical from 
disclosure to the public under section 324. 
(e) AVAILABILITY OF TIER II INFORMATION.— 
(1) AVAILABILITY TO STATE COMMISSIONS, LOCAL COMMITTEES, 
AND FIRE DEPARTMENTS.—Upon request by a State emergency 
planning commission, a local emergency planning committee, or 
a fire department with jurisdiction over the facility, the owner 
or operator of a facility shall provide tier II information, as 
described in subsection (d), to the person making the request. 
Any such request shall be with respect to a specific facility. 
(2) AVAILABILITY TO OTHER STATE AND LOCAL OFFICIALS.—A 
State or local official acting in his or her official capacity may 
have access to tier II information by submitting a request to the 
State emergency response commission or the local emergency 
planning committee. Upon receipt of a request for tier II 
information, the State commission or local committee shall, 
100 STAT. 1740 
PUBLIC LAW 99-499—OCT. 17, 1986 
pursuant to paragraph (1), request the facility owner or opera-
.*; n I ) D
B
U fS 
tor for the tier II information and make available such informa-
tion to the official. 
•1 
(3) AVAILABILITY TO PUBLIC.— 
(A) IN GENERAL.—Any person may request a State emer-
gency response commission or local emergency planning 
committee for tier II information relating to the preceding 
calendar year with respect to a facility. Any such request 
shall be in writing and shall be with respect to a specific 
facility. 
(B) AUTOMATIC PROVISION OF INFORMATION TO PUBUC.— 
Any tier II information which a State emergency response 
f
«
, iiii, commission or local emergency planning committee has in 
its possession shall be made available to a person making a 
•nmic-t; request under this paragraph in accordance with section 
324. If the State emergency response commission or local 
.. ji L\^J 
?;' 
emergency planning committee does not have the tier II 
information in its possession, upon a request for tier II 
information the State emergency response commission or 
'
^ 
local emergency planning committee shall, pursuant to 
Jii it, 
paragraph (1), request the facility owner or operator for tier 
, ^
^
^ ^ II information with respect to a hazardous chemical which 
' : ' ; ' 
a facility has stored in an amount in excess of 10,000 
-'f'^"; 
pounds present at the facility at any time during the 
preceding calendar year and make such information avail-
" ' 
able in accordance with section 324 to the person making 
* ' 
the request. 
(C) 
DISCRETIONARY 
PROVISION 
OF 
INFORMATION 
TO 
,. J 
PUBLIC.—In the case of tier II information which is not in 
the possession of a State emergency response commission or 
local emergency planning committee and which is with 
respect to a hazardous chemical which a facility has stored 
in an amount less than 10,000 pounds present at the facility 
at any time during the preceding calendar year, a request 
from a person must include the general need for the 
information. The State emergency response commission or 
s i t te local emergency planning committee may, pursuant to 
paragraph (1), request the facility owner or operator for the 
» V 
tier II information on behalf of the person making the 
request. Upon receipt of any information requested on 
behalf of such person, the State emergency response 
commission or local emergency planning committee shall 
make the information available in accordance with section 
324 to the person. 
(D) RESPONSE IN 45 DAYS.—A State emergency response 
commission or local emergency planning committee shall 
, 
respond to a request for tier II information under this 
QB 
paragraph no later than 45 days after the date of receipt of 
the request. 
(f) FIRE DEPARTMENT ACCESS.—Upon request to an owner or opera-
tor of a facility which files an inventory form under this section by 
the fire department with jurisdiction over the facility, the owner or 
operator of the facility shall allow the fire department to conduct an 
on-site inspection of the facility and shall provide to the fire depart-
ment specific location information on hazardous chemicals at the 
facility. 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1741 
(g) FORMAT OF FORMS.—The Administrator shall publish a uni-
form format for inventory forms within three months after the date 
of the enactment of this title. If the Administrator does not publish 
such forms, owners and operators of facilities subject to the require-
ments of this section shall provide the information required under 
this section by letter. 
SEC. 313. TOXIC CHEMICAL RELEASE FORMS. 
42 USC 11023. 
(a) BASIC REQUIREMENT.—The owner or operator of a facility 
subject to the requirements of this section shall complete a toxic 
chemical release form as published under subsection (g) for each 
toxic chemical listed under subsection (c) that was manufactured, 
processed, or otherwise used in quantities exceeding the toxic chemi-
cal threshold quantity established by subsection (f) during the 
preceding calendar year at such facility. Such form shall be submit-
ted to the Administrator and to an official or officials of the State 
designated by the Governor on or before July 1, 1988, and annually 
thereafter on July 1 and shall contain data reflecting releases 
during the preceding calendar year. 
(b) COVERED OWNERS AND OPERATORS OF FACIUTIES.— 
(1) IN GENERAL.—(A) The requirements of this section shall 
5 
apply to owners and operators of facilities that have 10 or more 
full-time employees and that are in Standard Industrial Classi-
fication Codes 20 through 39 (as in effect on July 1, 1985) and 
that manufactured, processed, or otherwise used a toxic chemi-
cal listed under subsection (c) in excess of the quantity of that 
toxic chemical established under subsection (f) during the cal-
endar year for which a release form is required under this 
section. 
1 
(B) The Administrator may add or delete Standard Industrial 
Classification Codes for purposes of subparagraph (A), but only 
to the extent necessary to provide that each Standard Industrial 
I 
Code to which this section applies is relevant to the purposes of 
fi 
this section. 
(C) For purposes of this section— 
it V 
(i) The term "manufacture" means to produce, prepare, 
import, or compound a toxic chemical. 
r, 
(ii) The term "process" means the preparation of a toxic 
^: 
chemical, after 
its manufacture, 
for distribution 
in 
commerce— 
'*.--. . 
, 
(I) in the same form or physical state as, or in a 
different form or physical state from, that in which it 
was received by the person so preparing such chemical, 
or 
., 
(II) as part of an article containing the toxic chemical. 
., ,, ,'{, 
(2) DISCRETIONARY APPUCATION TO ADDITIONAL FACIUTIES.— 
The Administrator, on his own motion or at the request of a 
'- 
Governor of a State (with regard to facilities located in that 
State), may apply the requirements of this section to the owners 
J 
and operators of any particular facility that manufactures, 
processes, or otherwise uses a toxic chemical listed under 
I 
subsection (c) if the Administrator determines that such action 
' 
is warranted on the basis of toxicity of the toxic chemical, 
* 
proximity to other facilities that release the toxic chemical or to 
population centers, the history of releases of such chemical at 
100 STAT. 1742 
PUBLIC LAW 99-499—OCT. 17, 1986 
Science and 
technology. 
Research and 
development. 
such facility, or such other factors as the Administrator deems 
appropriate. 
(c) TOXIC CHEMICALS COVERED.—The toxic chemicals subject to the 
requirements of this section are those chemicals on the list in 
Committee Print Number 99-169 of the Senate Committee on 
Environment and Public Works, titled "Toxic Chemicals Subject to 
Section 313 of the Emergency Planning and Community Right-To-
Know Act of 1986" (including any revised version of the list as may 
be made pursuant to subsection (d) or (e)). 
(d) REVISIONS BY ADMINISTRATOR.— 
(1) IN GENERAL.—The Administrator may by rule add or 
delete a chemical from the list described in subsection (c) at any 
time. 
(2) ADDITIONS.—A chemical may be added if the Adminis-
trator determines, in his judgment, that there is sufficient 
evidence to establish any one of the following: 
(A) The chemical is known to cause or can reasonably be 
., • r 
anticipated to cause significant adverse acute human 
health effects at concentration levels that are reasonably 
likely to exist beyond facility site boundaries as a result of 
continuous, or frequently recurring, releases. 
(B) The chemical is known to cause or can reasonably be 
anticipated to cause in humans— 
(i) cancer or teratogenic effects, or 
=
. 
(ii) serious or irreversible— 
^ 
(I) reproductive dysfunctions, 
(II) neurological disorders, 
(III) heritable genetic mutations, or 
(IV) other chronic health effects. 
(C) The chemical is known to cause or can reasonably be 
anticipated to cause, because of— 
(i) its toxicity, 
/' ^ 
(ii) its toxicity and persistence in the environment, or 
(iii) its toxicity and tendency to bioaccumulate in the 
/ 
environment, 
'S- 1.... a significant adverse effect on the environment of sufficient 
seriousness, in the judgment of the Administrator, to war-
rant reporting under this section. The number of chemicals 
i 
included on the list described in subsection (c) on the basis 
of the preceding sentence may constitute in the aggregate 
no more than 25 percent of the total number of chemicals 
on the list. 
A determination under this paragraph shall be based on generally 
accepted scientific principles or laboratory tests, or appropriately 
designed and conducted epidemiological or other population 
studies, available to the Administrator. 
(3) DELETIONS.—A chemical may be deleted if the Adminis-
trator determines there is not sufficient evidence to establish 
any of the criteria described in paragraph (2). 
(4) EFFECTIVE DATE.—Any revision made on or after January 1 
and before December 1 of any calendar year shall take effect 
beginning with the next calendar year. Any revision made on or 
after December 1 of any calendar year and before January 1 of 
the next calendar year shall take effect beginning with the 
calendar year following such next calendar year. 
(e) PETITIONS.— 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1743 
(1) IN GENERAL.—Any person may petition the Administrator 
to add or delete a chemical from the list described in subsection 
(c) on the basis of the criteria in subparagraph (A) or (B) of 
subsection (d)(2). Within 180 days after receipt of a petition, the 
Administrator shall take one of the following actions: 
(A) Initiate a rulemaking to add or delete the chemical to 
the list, in accordance with subsection (d)(2) or (dX3). 
(B) Publish an explanation of why the petition is denied. 
(2) GOVERNOR PETITIONS.—A State Governor may petition the 
Administrator to add or delete a chemical from the list de-
scribed in subsection (c) on the basis of the criteria in subpara-
graph (A), (B), or (C) of subsection (d)(2). In the case of such a 
petition from a State Governor to delete a chemical, the petition 
shall be treated in the same manner as a petition received 
under paragraph (1) to delete a chemical. In the case of such a 
petition from a State Governor to add a chemical, the chemical 
will be added to the list within 180 days after receipt of the 
petition, unless the Administrator— 
(A) initiates a rulemaking to add the chemical to the list, 
in accordance with subsection (d)(2), or 
(B) publishes an explanation of why the Administrator 
believes the petition does not meet the requirements of 
subsection (d)(2) for adding a chemical to the list. 
(f) THRESHOLD FOR REPORTING.— 
(1) TOXIC CHEMICAL THRESHOLD AMOUNT.—The threshold 
amounts for purposes of reporting toxic chemicals under this 
section are as follows: 
(A) With respect to a toxic chemical used at a facility, 
10,000 pounds of the toxic chemical per year. 
(B) With respect to a toxic chemical manufactured or 
processed at a facility— 
(i) For the toxic chemical release form required to be 
*
• 
submitted under this section on or before July 1, 1988, 
75,000 pounds of the toxic chemical per year. 
H 
(ii) For the form required to be submitted on or 
before July 1, 1989, 50,000 pounds of the toxic chemical 
per year. 
(iii) For the form required to be submitted on or 
before July 1,1990, and for each form thereafter, 25,000 
pounds of the toxic chemical per year. 
(2) REVISIONS.—The Administrator may establish a threshold 
amount for a toxic chemical different from the amount estab-
lished by paragraph (1). Such revised threshold shall obtain 
reporting on a substantial majority of total releases of the 
chemical at all facilities subject to the requirements of this 
section. The amounts established under this paragraph may, at 
the Administrator's discretion, be based on classes of chemicals 
or categories of facilities. 
(g) FORM.— 
Public 
(1) INFORMATION REQUIRED.—Not later than June 1, 1987, the 
information. 
Administrator shall publish a uniform toxic chemical release 
form for facilities covered by this section. If the Administrator 
does not publish such a form, owners and operators of facilities 
subject to the requirements of this section shall provide the 
information required under this subsection by letter post-
marked on or before the date on which the form is due. Such 
form shall— 
100 STAT. 1744 
PUBLIC LAW 99-499—OCT. 17, 1986 
'<t, ,t 
(A) provide for the name and location of, and principal 
business activities at, the facility; 
(B) include an appropriate certification, signed by a 
"• 
senior official with management responsibility for the 
person or persons completing the report, regarding the 
^' 
accuracy and completeness of the report; and 
(C) provide for submission of each of the following items 
of information for each listed toxic chemical known to be 
present at the facility: 
(i) Whether the toxic chemical at the facility is manu-
factured, processed, or otherwise used, and the general 
category or categories of use of the chemical. 
(ii) An estimate of the maximum amounts (in ranges) 
of the toxic chemical present at the facility at any time 
during the preceding calendar year. 
(iii) For each wastestream, the waste treatment or 
disposal methods employed, and an estimate of the 
I ;j ^,^ 
treatment efficiency typically achieved by such meth-
' * ' " ' 
ods for that wastestream. 
(iv) The annual quantity of the toxic chemical enter-
j ^ 
ing each environmental medium. 
(2) USE OF AVAILABLE DATA.—In order to provide the informa-
tion required under this section, the owner or operator of a 
facility may use readily available data (including monitoring 
data) collected pursuant to other provisions of law, or, where 
such data are not readily available, reasonable estimates of the 
-,, amounts involved. Nothing in this section requires the monitor-
ing or measurement of the quantities, concentration, or fre-
jf-j, quency of any toxic chemical released into the environment 
beyond that monitoring and measurement required under other 
. ; provisions of law or regulation. In order to assure consistency, 
J 
the Administrator shall require that data be expressed in 
common units. 
Public 
(h) USE OF RELEASE FORM.—The release forms required under this 
information. 
section are intended to provide information to the Federal, State, 
and local governments and the public, including citizens of commu-
nities surrounding covered facilities. The release form shall be 
available, consistent with section 324(a), to inform persons about 
releases of toxic chemicals to the environment; to assist govern-
mental agencies, researchers, and other persons in the conduct of 
research and data gathering; to aid in the development of appro-
priate regulations, guidelines, and standards; and for other similar 
purposes, 
(i) MODIFICATIONS IN REPORTING FREQUENCY.— 
(1) IN GENERAL.—The Administrator may modify the fre-
quency of submitting a report under this section, but the 
Administrator may not modify the frequency to be any more 
"
:
• J 
often than annually. A modification may apply, either nation-
•
*
' " 
ally or in a specific geographic area, to the following: 
(A) All toxic chemical release forms required under this 
section. 
(B) A class of toxic chemicals or a category of facilities. 
(C) A specific toxic chemical. 
(D) A specific facility. 
'- 
(2) REQUIREMENTS.—A modification may be made under para-
graph (1) only if the Administrator— 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1745 
,; ^ 
(A) makes a finding that the modification is consistent 
with the provisions of subsection (h), based on— 
(i) experience from previously submitted toxic chemi-
cal release forms, and 
(ii) determinations made under paragraph (3), and 
(B) the finding is made by a rulemaking in accordance 
with section 553 of title 5, United States Code. 
I;; 
(3) DETERMINATIONS.—The Administrator shall make the fol-
lowing determinations with respect to a proposed modification 
before making a modification under paragraph (1): 
(A) The extent to which information relating to the pro-
-£: 
posed modification provided on the toxic chemical release 
fc 
forms has been used by the Administrator or other agencies 
': 
of the Federal Government, States, local governments, 
health professionals, and the public. 
s*F 
(B) The extent to which the information is (i) readily 
•
^ 
available to potential users from other sources, such as 
f' 
State reporting programs, and (ii) provided to the Adminis-
^' 
trator under another Federal law or through a State 
IK r. 
at 
program. 
(C) The extent to which the modification would impose 
additional and unreasonable burdens on facilities subject to 
"^ 
the reporting requirements under this section, 
' 
(4) 5-YEAR REVIEW.—Any modification made under this subsec-
tion shall be reviewed at least once every 5 years. Such review 
shall examine the modification and ensure that the require-
ments of paragraphs (2) and (3) still justify continuation of the 
') 
modification. Any change to a modification reviewed under this 
' 
paragraph shall be made in accordance with this subsection. 
(5) NOTIFICATION TO CONGRESS.—The Administrator shall 
^l 
notify Congress of an intention to initiate a rulemaking for a 
modification under this subsection. After such notification, the 
Administrator shall delay initiation of the rulemaking for at 
'! 
least 12 months, but no more than 24 months, after the date of 
_
. 
such notification. 
g 
(6) JUDICIAL REVIEW.—In any judicial review of a rulemaking 
I 
which establishes a modification under this subsection, a court 
may hold unlawful and set aside agency action, findings, and 
j; 
conclusions found to be unsupported by substantial evidence. 
% 
(7) APPUCABIUTY.—A modification under this subsection may 
l' 
apply to a calendar year or other reporting period beginning no 
f
, 
earlier than January 1,1993. 
'^, 
(8) EFFECTIVE DATE.—Any modification made on or after Janu-
,' 
ary 1 and before December 1 of any calendar year shall take 
,;, 
effect beginning with the next calendar year. Any modification 
made on or after December 1 of any calendar year and before 
January 1 of the next calendar year shall take effect beginning 
with the calendar year following such next calendar year, 
(j) EPA MANAGEMENT OF DATA.—The Administrator shall estab- Communications 
lish and maintain in a computer data base a national toxic chemical 
and tele-
inventory based on data submitted to the Administrator under this communications. 
section. The Administrator shall make these data accessible by 
computer telecommunication and other means to any person on a 
cost reimbursable basis. 
(k) REPORT.—Not later than June 30, 1991, the Comptroller Gen-
eral, in consultation with the Administrator and appropriate offi-
100 STAT. 1746 
PUBLIC LAW 99-499—OCT. 17, 1986 
Reports. 
State and local 
governments. 
Public 
information. 
Classified 
information. 
cials in the States, shall submit to the Congress a report including 
each of the following: 
(1) A description of the steps taken by the Administrator and 
the States to implement the requirements of this section, includ-
ing steps taken to make information collected under this section 
V available to and accessible by the public. 
(2) A description of the extent to which the information 
collected under this section has been used by the Environmental 
Protection Agency, other Federal agencies, the States, and the 
public, and the purposes for which the information has been 
used. 
(3) An identification and evaluation of options for modifica-
tions to the requirements of this section for the purpose of 
making information collected under this section more useful. 
(1) MASS BALANCE STUDY,— 
(1) IN GENERAL.—The Administrator shall arrange for a mass 
balance study to be carried out by the National Academy of 
Sciences using mass balance information collected by the 
Administrator under paragraph (3). The Administrator shall 
submit to Congress a report on such study no later than 5 years 
after the date of the enactment of this title. 
(2) PURPOSES.—The purposes of the study are as follows: 
(A) To assess the value of mass balance analysis in deter-
mining the accuracy of information on toxic chemical 
releases. 
(B) To assess the value of obtaining mass balance 
information, or portions thereof, to determine the waste 
reduction efficiency of different facilities, or categories of 
facilities, including the effectiveness of toxic chemical regu-
lations promulgated under laws other than this title. 
(C) To assess the utility of such information for evaluat-
ing toxic chemical management practices at facilities, or 
categories of facilities, covered by this section. 
(D) To determine the implications of mass balance 
'^ ' 
information collection on a national scale similar to the 
mass balance information collection carried out by the 
Administrator under paragraph (3), including implications 
of the use of such collection as part of a national annual 
quantity toxic chemical release program. 
(3) INFORMATION COLLECTION.—(A) The Administrator shall 
acquire available mass balance information from States which 
currently conduct (or during the 5 years after the date of 
enactment of this title initiate) a mass balance-oriented annual 
quantity toxic chemical release program. If information from 
such States provides an inadequate representation of industry 
classes and categories to carry out the purposes of the study, the 
Administrator also may acquire mass balance information nec-
essary for the study from a representative number of facilities 
in other States. 
(B) Any information acquired under this section shall be 
available to the public, except that upon a showing satisfactory 
to the Administrator by any person that the information (or a 
particular part thereof) to which the Administrator or any 
/ 
officer, employee, or representative has access under this sec-
tion if made public would divulge information entitled to protec-
tion under section 1905 of title 18, United States Code, such 
information or part shall be considered confidential in accord-
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1747 
ance with the purposes of that section, except that such 
information or part may be disclosed to other officers, employ-
ees, or authorized representatives of the United States concerned 
with carrying out this section. 
(C) The Administrator may promulgate regulations prescrib-
ing procedures for collecting mass balance information under 
this paragraph. 
(D) For purposes of collecting mass balance information under 
subparagraph (A), the Administrator may require the submis-
sion of information by a State or facility. 
(4) MASS BALANCE DEFINITION.—For purposes of this subsec-
tion, the term "mass balance" means an accumulation of the 
annual quantities of chemiceds transported to a facility, pro-
duced at a facility, consumed at a facility, used at a facility, 
accumulated at a facility, released from a facility, and trans-
ported from a facility as a waste or as a commercial product or 
byproduct or component of a commercial product or byproduct. 
Subtitle C—General Provisions 
Regulations. 
State and local 
governments. 
SEC. 321. RELATIONSHIP TO OTHER LAW. 
(a) IN GENERAL.—Nothing in this title shall— 
(1) preempt any State or local law, 
3 
(2) except as provided in subsection 0)), otherwise affect any 
State or local law or the authority of any State or local govern-
ment to adopt or enforce any State or local law, or 
(3) affect or modify in any way the obligations or liabilities of 
any person under other Federal law. 
(b) EFFECT ON M S D S REQUIREMENTS.—Any State or local law 
enacted after August 1, 1985, which requires the submission of a 
material safety data sheet from facility owners or operators shall 
require that the data sheet be identical in content and format to the 
data sheet required under subsection (a) of section 311. In addition, a 
State or locality may require the submission of information which is 
supplemental to the information required on the data sheet (includ-
ing information on the location and quantity of hsizardous chemicals 
present at the facility), through additional sheets attached to the 
data sheet or such other means as the State or locality considers 
appropriate. 
SEC. 322. TRADE SECRETS. 
(a) AUTHORITY TO WITHHOLD INFORMATION.— 
(1) GENERAL AUTHORITY.—(A) With regard to a hazardous 
chemical, an extremely hazardous substance, or a toxic chemi-
cal, any person required under section 303(dX2), 303(dX3), 311, 
312, or 313 to submit information to any other person may 
withhold from such submittal the specific chemical identity 
(including the chemical name and other specific identification), 
as defined in regulations prescribed by the Administrator under 
subsection (c), if the person complies with paragraph (2). 
(B) Any person withholding the specific chemical identity 
shall, in the place on the submittal where the chemical identity 
would normally be included, include the generic class or cat-
egory of the hazardous chemical, extremely heizardous sub-
stance, or toxic chemical (as the case may be). 
(2) REQUIREMENTS.—(A) A person is entitled to withhold 
information under paragraph (1) if such person— 
State and local 
governments. 
42 use 11041. 
Classified 
information. 
Claims. 
42 use 11042. 
71-19A 0 
22 : QL. 3 Part2 
100 STAT. 1748 
PUBLIC LAW 99-499—OCT. 17, 1986 
fc t 
(i) claims that such information is a trade secret, on the 
basis of the factors enumerated in subsection 0)), 
(ii) includes in the submittal referred to in paragraph (1) 
an explanation of the reasons why such information is 
V
.
L 
claimed to be a trade secret, based on the factors enumer-
ated in subsection (b), including a specific description of 
why such factors apply, and 
it 
(iii) submits to the Administrator a copy of such submit-
! 
' 
tal, and the information withheld from such submittal. 
(B) In submitting to the Administrator the information re-
quired by subparagraph (AXiii), a person withholding informa-
tion under this subsection may— 
(i) designate, in writing and in such manner as the 
Administrator may prescribe by regulation, the informa-
tion which such person believes is entitled to be withheld 
under paragraph (1), and 
} »
• A
. 
(ii) submit such designated information separately from 
other information submitted under this subsection. 
(3) LIMITATION.—The authority under this subsection to with-
hold information shall not apply to information which the 
Administrator has determined, in accordance with subsection 
(c), is not a trade secret. 
(b) TRADE SECRET FACTORS.—No person required to provide 
information under this title may claim that the information is 
entitled to protection as a trade secret under subsection (a) unless 
such person shows each of the following: 
(1) Such person has not disclosed the information to any other 
person, other than a member of a local emergency planning 
V
* committee, an officer or employee of the United States or a 
State or local government, an employee of such person, or a 
person who is bound by a confidentiality agreement, and such 
person has taken reasonable measures to protect the confiden-
tiality of such information and intends to continue to take such 
measures. 
(2) The information is not required to be disclosed, or other-
wise made available, to the public under any other Federal or 
State law. 
{
.
f
t 
(3) Disclosure of the information is likely to cause substantial 
harm to the competitive position of such person. 
(4) The chemical identity is not readily discoverable through 
reverse engineering. 
(c) TRADE SECRET REGULATIONS.—As soon as practicable after the 
date of enactment of this title, the Administrator shall prescribe 
regulations to implement this section. With respect to subsection 
(b)(4), such regulations shall be equivalent to comparable provisions 
in the Occupational Safety and Health Administration Hazard 
Communication Standard (29 C.F.R. 1910.1200) and any revisions of 
such standard prescribed by the Secretary of Labor in accordance 
with the final ruling of the courts of the United States in United 
Steelworkers of America, AFL-CIO-CLC v. Thorne G. Auchter. 
(d) PETITION FOR REVIEW.— 
(1) IN GENERAL.—Any person may petition the Administrator 
for the disclosure of the specific chemical identity of a hazard-
ed ous chemical, an extremely hazardous substance, or a toxic 
chemical which is claimed as a trade secret under this section. 
I 
The Administrator may, in the absence of a petition under this 
paragraph, initiate a determination, to be carried out in accord-
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1749 
' 
ance with this subsection, as to whether information withheld 
constitutes a trade secret. 
(2) INITIAL REVIEW.—Within 30 days after the date of receipt 
of a petition under paragraph (1) (or upon the Administrator's 
initiative), the Administrator shall review the explanation filed 
by a trade secret claimant under subsection (a)(2) and determine 
whether the explanation presents assertions which, if true, are 
sufficient to support a finding that the specific chemical identity 
is a trade secret. 
(3) FINDING OF SUFFICIENT ASSERTIONS.— 
2 
(A) If the Administrator determines pursuant to para-
graph (2) that the explanation presents sufficient assertions 
•-^- 
to support a finding that the specific chemical identity is a 
' 
trade secret, the Administrator shall notify the trade secret 
' -' 
claimant that he has 30 days to supplement the explanation 
with detailed information to support the assertions. 
(B) If the Administrator determines, after receipt of any 
supplemental 
supporting 
detailed 
information 
under 
subparagraph (A), that the assertions in the explanation 
are true and that the specific chemical identity is a trade 
^T^'-^ 
secret, the Administrator shall so notify the petitioner and 
,'" </ 
•' 
the 
petitioner 
may 
seek 
judicial 
review 
of 
the 
^
^ 
determination. 
' 
(C) If the Administrator determines, after receipt of any 
supplemental 
supporting 
detailed 
information 
under 
subparagraph (A), that the assertions in the explanation 
are not true and that the specific chemical identity is not a 
trade secret, the Administrator shall notify the trade secret 
claimant that the Administrator intends to release the 
specific chemical identity. The trade secret claimant has 30 
days in which he may appeal the Administrator's deter-
^ 
mination under this subparagraph to the Administrator. If 
the Administrator does not reverse his determination under 
this subparagraph in such an appeal by the trade secret 
'/ ' 
claimant, the trade secret claimaint may seek judicial 
review of the determination. 
(4) FINDING OF INSUFFICIENT ASSERTIONS.— 
(A) If the Administrator determines pursuant to para-
graph (2) that the explanation presents insufficient asser-
tions to support a finding that the specific chemical identity 
. , 
is a trade secret, the Administrator shall notify the trade 
secret claimant that he has 30 days to appeal the deter- 
>! 
mination to the Administrator, or, upon a showing of good 
cause, amend the original explanation by providing supple-
mentary assertions to support the trade secret claim. 
(B) If the Administrator does not reverse his determina-
tion under subparagraph (A) after an appeal or an examina-
'^ 
tion of any supplementary assertions under subparagraph 
^ 
(A), the Administrator shall so notify the trade secret claim-
- 
ant and the trade secret claimant may seek judicial review 
of the determination. 
(C) If the Administrator reverses his determination under 
subparagraph (A) after an appeal or an examination of any 
supplementary assertions under subparagraph (A), the 
procedures under paragraph (3) of this subsection apply. 
(e) EXCEPTION FOR INFORMATION PROVIDED TO HEALTH PROFES-
SIONALS.—Nothing in this section, or regulations adopted pursuant 
100 STAT. 1750 
PUBLIC LAW 99-499—OCT. 17, 1986 
Health and 
medical care. 
Classified 
information. 
42 u s e 11043. 
to this section, shall authorize any person to withhold information 
which is required to be provided to a health professional, a doctor, or 
a nurse in accordance with section 323. 
(f) PROVIDING INFORMATION TO THE ADMINISTRATOR; AVAILABILITY 
T
O PuBUC.—Any information submitted to the Administrator under 
subsection (a)(2) or subsection (d)(3) (except a specific chemical iden-
tity) shall be available to the public, except that upon a showing 
satisfactory to the Administrator by any person that the informa-
tion (or a particular part thereof) to which the Administrator has 
access under this section if made public would divulge information 
entitled to protection under section 1905 of title 18, United States 
Code, such information or part shall be considered confidential in 
accordance with the purposes of that section, except that such 
information or part may be disclosed to other officers, employees, or 
authorized representatives of the United States concerned with 
carrying out this title. 
(g) INFORMATION PROVIDED TO STATE.—Upon request by a State, 
acting through the Governor of the State, the Administrator shall 
provide to the State any information obtained under subsection 
(a)(2) and subsection (d)(3). 
(h) INFORMATION ON ADVERSE EFFECTS.—(1) In any case in which 
the identity of a hazardous chemical or an extremely hazardous 
substance is claimed as a trade secret, the Governor or State 
emergency response commission established under section 301 shall 
identify the adverse health effects associated with the hazardous 
chemical or extremely hazardous substance and shall assure that 
such information is provided to any person requesting information 
about such hazardous chemical or extremely hazardous substance. 
(2) In any case in which the identity of a toxic chemical is claimed 
as a trade secret, the Administrator shall identify the adverse 
health and environmental effects associated with the toxic chemical 
and shall assure that such information is included in the computer 
database required by section 313(j) and is provided to any person 
requesting information about such toxic chemical. 
(i) INFORMATION PROVIDED TO CONGRESS.—Notwithstanding any 
limitatio contained in this section or any other provision of law, all 
information reported to or otherwise obtained by the Administrator 
(or any representative of the Administrator) under this title shall be 
made available to a duly authorized committee of the Congress upon 
written request by such a committee. 
SEC. 323. PROVISION OF INFORMATION TO HEALTH PROFESSIONALS, 
DOCTORS, AND NURSES. 
(a) DIAGNOSIS OR TREATMENT BY HEALTH PROFESSIONAL.—An 
owner or operator of a facility which is subject to the requirements 
of section 311, 312, or 313 shall provide the specific chemical iden-
tity, if known, of a hazardous chemical, extremely hazardous sub-
stance, or a toxic chemical to any health professional who requests 
such information in writing if the health professional provides a 
written statement of need under this subsection and a written 
confidentiality agreement under subsection (d). The written state-
ment of need shall be a statement that the health professional has a 
reasonable basis to suspect that— 
(1) the information is needed for purposes of diagnosis or 
treatment of an individual, 
ji 
(2) the individual or individuals being diagnosed or treated 
t 
have been exposed to the chemical concerned, and 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1751 
(3) knowledge of the specific chemical identity of such chemi-
cal will assist in diagnosis or treatment. 
Following such a written request, the owner or operator to whom 
such request is made shall promptly provide the requested informa-
tion to the health professional. The authority to withhold the spe-
cific chemical identity of a chemical under section 322 when such 
information is a trade secret shall not apply to information required 
to be provided under this subsection, subject to the provisions of 
subsection (d). 
(b) MEDICAL EMERGENCY.—An owner or operator of a facility 
which is subject to the requirements of section 311, 312, or 313 shall 
provide a copy of a material safety data sheet, an inventory form, or 
a toxic chemical release form, including the specific chemical iden-
tity, if known, of a hazardous chemical, extremely hazardous sub-
stance, or a toxic chemical, to any treating physician or nurse who 
requests such information if such physician or nurse determines 
that— 
(1) a medical emergency exists, 
(2) the specific chemical identity of the chemical concerned is 
necessary for or will assist in emergency or first-aid diagnosis or 
treatment, and 
(3) the individual or individuals being diagnosed or treated 
have been exposed to the chemical concerned. 
Immediately following such a request, the owner or operator to 
whom such request is made shall provide the requested information 
to the physician or nurse. The authority to withhold the specific 
chemical identity of a chemical from a material safety data sheet, 
an inventory form, or a toxic chemical release form under section 
322 when such information is a trade secret shall not apply to 
information required to be provided to a treating physician or nurse 
under this subsection. No written confidentiality agreement or 
;, 
statement of need shall be required as a precondition of such 
disclosure, but the owner or operator disclosing such information 
may require a written confidentiality agreement in accordance with 
subsection (d) and a statement setting forth the items listed in 
paragraphs (1) through (3) as soon as circumstances permit. 
(c) PREVENTIVE MEASURES BY LOCAL HEALTH PROFESSIONALS.— 
(1) PROVISION OF INFORMATION.—An owner or operator of a 
facility subject to the requirements of section 311, 312, or 313 
shall provide the specific chemical identity, if known, of a 
hazardous chemical, an extremely hazardous substance, or a 
toxic chemical to any health professional (such as a physician, 
toxicologist, or epidemiologist)— 
(A) who is a locsd government employee or a person under 
contract with the local government, and 
(B) who requests such information in writing and pro-
vides a written statement of need under paragraph (2) and a 
written confidentiality agreement under subsection (d). 
Following such a written request, the owner or operator to 
whom such request is made shall promptly provide the re-
quested information to the local health professional. The 
authority to withhold the specific chemical identity of a chemi 
cal under section 322 when such information is a trade secret 
shall not apply to information required to be provided under 
this subsection, subject to the provisions of subsection (d). 
r*i 
100 STAT. 1752 
PUBLIC LAW 99-499—OCT. 17, 1986 
j , 
(2) WRITTEN STATEMENT OF NEED.—The written statement of 
need shall be a statement that describes with reasonable detail 
,
^
^ 
one or more of the following health needs for the information: 
(A) To assess exposure of persons living in a local commu-
nity to the hazards of the chemical concerned. 
.'j . 
(B) To conduct or assess sampling to determine exposure 
levels of various population groups. 
,i \ 
(C) To conduct periodic medical surveillance of exposed 
population groups. 
\ !i ! 5r'' 
(D) To provide medical treatment to exposed individuals 
'\ * 
or population groups. 
(E) To conduct studies to determine the health effects of 
.. i
- 
exposure. 
(F) To conduct studies to aid in the identification of a 
I ^ 
., chemical that may reasonably be anticipated to cause an 
observed health effect. 
(d) CONFIDENTIALITY AGREEMENT.—Any person obtaining informa-
tion under subsection (a) or (c) shall, in accordance with such 
subsection (a) or (c), be required to agree in a written confidentiality 
agreement that he will not use the information for any purpose 
other than the health needs asserted in the statement of need, 
except as may otherwise be authorized by the terms of the agree-
ment or by the person providing such information. Nothing in this 
subsection shall preclude the parties to a confidentiality agreement 
from pursuing any remedies to the extent permitted by law. 
(e) REGULATIONS.—As soon as practicable after the date of the 
enactment of this title, the Administrator shall promulgate regula-
tions describing criteria and parameters for the statement of need 
under subsection (a) and (c) and the confidentiality agreement under 
subsection (d). 
42 u s e 11044. 
SEC. 324. PUBLIC AVAILABILITY OF PLANS, DATA SHEETS, FORMS, AND 
FOLLOWUP NOTICES. 
(a) AVAILABILITY TO PUBUC.—Each emergency response plan, 
material safety data sheet, list described in section 311(a)(2), inven-
tory form, toxic chemical release form, and foUowup emergency 
notice shall be made available to the general public, consistent with 
section 322, during normal working hours at the location or loca-
tions designated by the Administrator, Governor, State emergency 
response commission, or local emergency planning committee, as 
appropriate. Upon request by an owner or operator of a facility 
subject to the requirements of section 312, the State emergency 
response commission and the appropriate local emergency planning 
committee shall withhold from disclosure under this section the 
location of any specific chemical required by section 312(d)(2) to be 
contained in an inventory form as tier II information. 
(b) NOTICE OF PUBUC AVAILABIUTY.—Each local emergency plan-
ning committee shall annually publish a notice in local newspapers 
that the emergency response plan, material safety data sheets, and 
inventory forms have been submitted under this section. The notice 
shall state that followup emergency notices may subsequently be 
issued. Such notice shall announce that members of the public who 
wish to review any such plan, sheet, form, or followup notice may do 
so at the location designated under subsection (a). 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1753 
SEC. 325. ENFORCEMENT. 
42 USC 11045. 
(a) CIVIL PENALTIES FOR EMERGENCY PLANNING.—The Adminis-
trator may order a facility owner or operator (except an owner or 
operator of a facility designated under section 302(bX2)) to comply 
with section 302(c) and section 303(d). The United States district 
court for the district in which the facility is located shall have 
jurisdiction to enforce the order, and any person who violates or 
fails to obey such an order shall be liable to the United States for a 
civil penalty of not more than $25,000 for each day in which such 
violation occurs or such failure to comply continues. 
(b) CIVIL, ADMINISTRATIVE, AND CRIMINAL PENALTIES FOR EMER-
GENCY NOTIFICATION.— 
(1) CLASS I ADMINISTRATIVE PENALTY.—(A) A civil penalty of 
J 
not more than $25,000 per violation may be assessed by the 
Administrator in the case of a violation of the requirements of 
• 1 
section 304. 
(B) No civil penalty may be assessed under this subsection 
H 
unless the person accused of the violation is given notice and 
opportunity for a hearing with respect to the violation. 
«• 
(C) In determining the amount of any penalty assessed pursu-
ant to this subsection, the Administrator 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 violations, the degree of culpability, eco-
nomic benefit or savings (if any) resulting from the violation, 
• 
and such other matters as justice may require. 
(2) CLASS II ADMINISTRATIVE PENALTY.—A civil penalty of not 
more than $25,000 per day for each day during which the 
'; 
violation continues may be assessed by the Administrator in the 
' 
case of a violation of the requirements of section 304. In the case 
of a second or subsequent violation the amount of such penalty 
may be not more than $75,000 for each day during which the 
violation continues. Any civil penalty under this subsection 
shall be assessed and collected in the same manner, and subject 
/ 
to the same provisions, as in the case of civil penalties assessed 
and collected under section 16 of the Toxic Substances Control 
Act. In any proceeding for the assessment of a civil penalty 
under this subsection the Administrator may issue subpoenas 
, 
for the attendance and testimony of witnesses and the produc-
tion of relevant papers, books, and documents and may promul-
gate rules for discovery procedures. 
, 
(3) JUDICIAL ASSESSMENT.—The Administrator may bring an 
action in the United States District court for the appropriate 
district to assess and collect a penalty of not more than $25,000 
per day for each day during which the violation continues in the 
case of a violation of the requirements of section 304. In the case 
of a second or subsequent violation, the amount of such penalty 
15 USC 2615. 
may be not more than $75,000 for each day during which the 
tf 
violation continues. 
(4) CRIMINAL PENALTIES.—Any person who knowingly and 
willfully fails to provide notice in accordance with section 304 
shall, upon conviction, be fined not more than $25,000 or impris-
oned for not more than two years, or both (or in the case of a 
second or subsequent conviction, shall be fined not more than 
.i ! v r 
$50,000 or imprisoned for not more than five years, or both). 
100 STAT. 1754 
PUBLIC LAW 99-499—OCT. 17, 1986 
j 
(c) CIVIL AND ADMINISTRATIVE PENALTIES F
O
R REPORTING REQUIRE-
MENTS.—(1) Any person (other than a governmental entity) who 
violates any requirement of section 312 or 313 shall be liable to the 
United States for a civil penalty in an amount not to exceed $25,000 
for each such violation. 
(2) Any person (other than a governmental entity) who violates 
any requirement of section 311 or 323(b), and any person who fails to 
furnish to the Administrator information required under section 
322(aX2) shall be liable to the United States for a civil penalty in an 
amount not to exceed $10,000 for each such violation. 
(3) Each day a violation described in paragraph (1) or (2) continues 
shall, for purposes of this subsection, constitute a separate violation. 
(4) The Administrator may assess any civil penalty for which a 
person is liable under this subsection by administrative order or 
may bring an action to assess and collect the penalty in the United 
States district court for the district in which the person from whom 
the penalty is sought resides or in which such person's principal 
place of business is located. 
(d) CrviL, ADMINISTRATIVE, AND CRIMINAL PENALTIES WITH 
RESPECT TO TRADE SECRETS.— 
(1) 
CIVIL AND 
ADMINISTRATIVE PENALTY FOR FRIVOLOUS 
CLAIMS.—If the Administrator determines— 
(AXi) under section 322(dX4) that an explanation submit-
ted by a trade secret claimant presents insufficient asser-
,v^ 
tions to support a finding that a specific chemical identity is 
^.. 
a trade secret, or (ii) after receiving supplemental support-
ing detailed information under section 322(dX3XA), that the 
ij , 
specific chemical identity is not a trade secret; and 
• 
(B) that the trade secret claim is frivolous, 
the trade secret claimant is liable for a penalty of $25,000 per 
claim. The Administrator may assess the penalty by administra-
tive order or may bring an action in the appropriate district 
court of the United States to assess and collect the penalty. 
(2) 
CRIMINAL PENALTY FOR DISCLOSURE OF TRADE SECRET 
INFORMATION.—Any person who knowingly and willfully di-
vulges or discloses any information entitled to protection under 
section 322 shall, upon conviction, be subject to a fine of not 
more than $20,000 or to imprisonment not to exceed one year, or 
both. 
(e) SPECIAL ENFORCEMENT PROVISIONS FOR SECTION 323.—When-
ever any facility owner or operator required to provide information 
under section 323 to a health professional who has requested such 
information fails or refuses to provide such information in accord-
ance with such section, such health professional may bring an action 
in the appropriate United States district court to require such 
facility owner or operator to provide the information. Such court 
shall have jurisdiction to issue such orders and take such other 
action as may be necessary to enforce the requirements of section 
323. 
(0 PROCEDURES FOR ADMINISTRATIVE PENALTIES.— 
(1) Any person against whom a civil penalty is assessed under 
this section may obtain review thereof in the appropriate dis-
trict court of the United States by filing a notice of appeal in 
such court within 30 days after the date of such order and by 
* simultaneously sending a copy of such notice by certified mail to 
Records. 
the Administrator. The Administrator shall promptly file in 
such court a certified copy of the record upon which such 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1755 
violation was found or such penalty imposed. If any person fails 
to pay an assessment of a civil penalty after it has become a 
final and unappealable order or after the appropriate court has 
entered final judgment in favor of the United States, the 
Administrator may request the Attorney General of the United 
States to institute a civil action in an appropriate district court 
of the United States to collect the penalty, and such court shall 
have jurisdiction to hear and decide any such action. In hearing 
such action, the court shall have authority to review the viola-
tion and the assessment of the civil penalty on the record. 
(2) The Administrator may issue subpoenas for the attend-
ance and testimony of witnesses and the production of relevant 
papers, books, or documents in connection with hearings under 
this section. In case of contumacy or refusal to obey a subpoena 
issued pursuant to this paragraph and served upon any person, 
^' 
the district court of the United States for any district in which 
such person is found, resides, or transacts business, upon ap-
plication by the United States and after notice to such person, 
shall have jurisdiction to issue an order requiring such person 
to appear and give testimony before the administrative law 
judge or to appear and produce documents before the adminis-
trative law judge, or both, and any failure to obey such order of 
the court may be punished by such court as a contempt thereof. 
SEC. 326. CIVIL ACTIONS. 
42 USC 11046. 
(a) AUTHORITY TO BRING CIVIL ACTIONS.— 
(1) CITIZEN SUITS.—Except as provided in subsection (e), any 
person may commence a civil action on his own behalf against 
the following: 
(A) An owner or operator of a facility for failure to do any 
of the following: 
(i) Submit a followup emergency notice under section 
- 
i..: -'-.. 
304(c). 
(ii) Submit a material safety data sheet or a list 
under section 311(a). 
(iii) Complete and submit an inventory form under 
section 312(a) containing tier I information as described 
in section 312(d)(1) unless such requirement does not 
,1 
apply by reason of the second sentence of section 
312(a)(2). 
(iv) Complete and submit a toxic chemical release 
form under section 313(a). 
(B) The Administrator for failure to do any of the 
following: 
(i) Publish inventory forms under section 312(g). 
(ii) Respond to a petition to add or delete a chemical 
under section 313(e)(1) within 180 days after receipt of 
the petition. 
(iii) Publish a toxic chemical release form under 
313(g). 
, . . 
. 
(iv) Establish a computer database in accordance 
with section 313(j). 
(v) Promulgate trade secret regulations under section 
322(c). 
(vi) Render a decision in response to a petition under 
section 322(d) within 9 months after receipt of the 
. , t.. 
petition. 
100 STAT. 1756 
PUBLIC LAW 99-499—OCT. 17, 1986 
Public 
information. 
State and local 
governments. 
:V}: 
District of 
Columbia. 
Regulations. 
Regulations. 
- '' ' • ' 
(C) The Administrator, a State Governor, or a State 
emergency response commission, for failure to provide a 
mechanism for public availability of information in accord-
ance with section 324(a). 
(D) A State Governor or a State emergency response 
V'' 
commission for failure to respond to a request for tier II 
• '"' 
information under section 312(eX3) within 120 days after 
the date of receipt of the request. 
(2) STATE OR LOCAL SUITS.— 
(A) Any State or local government may commence a civil 
'' 
action against an owner or operator of a facility for failure 
to do any of the following: 
(i) Provide notification to the emergency response 
"1, 
commission in the State under section 302(c). 
r, 
(ii) Submit a material safety data sheet or a list 
under section 311(a). 
' 
(iii) Make available information requested under sec-
;.. ; "' ' 
tion 311(c). 
' 
(iv) Complete and submit an inventory form under 
,. J 
section 312(a) containing tier I information unless such 
. , 
requirement does not apply by reason of the second 
sentence of section 312(a)(2).. 
(B) Any State emergency response commission or local 
emergency planning committee may commence a civil 
action against an owner or operator of a facility for failure 
. . . 
to provide information under section 303(d) or for failure to 
;
V , r,. 
submit tier II information under section 312(e)(1). 
(C) Any State may commence a civil action against the 
Administrator for failure to provide information to the 
State under section 322(g). 
j, ; > :/••. ? - i 
(b) VENUE.— 
' 
(1) Any action under subsection (a) against an owner or 
;^ • 
operator of a facility shall be brought in the district court for 
the district in which the alleged violation occurred. 
-Hi 
(2) Any action under subsection (a) against the Administrator 
may be brought in the United States District Court for the 
District of Columbia. 
(c) REUEF.—The district court shall have jurisdiction in actions 
brought under subsection (a) against an owner or operator of a 
facility to enforce the requirement concerned and to impose any 
civil penalty provided for violation of that requirement. The district 
court shall have jurisdiction in actions brought under subsection (a) 
against the Administrator to order the Administrator to perform 
the act or duty concerned. 
(d) NOTICE.— 
(1) No action may be commenced under subsection (a)(1)(A) 
prior to 60 days after the plaintiff has given notice of the alleged 
^ " 
violation to the Administrator, the State in which the alleged 
violation occurs, and the alleged violator. Notice under this 
paragraph shall be given in such manner as the Administrator 
shall prescribe by regulation. 
r o 
(2) No action may be commenced under subsection (aXl)(B) or 
(a)(1)(C) prior to 60 days after the date on which the plaintiff 
^-f 
gives notice to the Administrator, State Governor, or State 
'
^
^
'
- 
emergency response commission (as the case may be) that the 
plaintiff will commence the action. Notice under this paragraph 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1757 
shall be given in such manner as the Administrator shall 
prescribe by regulation. 
(e) LIMITATION.—No action may be commenced under subsection 
(a) against an owner or operator of a facility if the Administrator 
has commenced and is diligently pursuing an administrative order 
or civil action to enforce the requirement concerned or to impose a 
civil penalty under this Act with respect to the violation of the 
requirement. 
if) COSTS.—The court, in issuing any final order in any action 
brought pursuant to this section, may award costs of litigation 
(including reasonable attorney and expert witness fees) to the 
prev£iiling or the substantially prevailing party whenever the court 
determines such an award is appropriate. The court may, if a 
temporary restraining order or preliminary injunction is sought, 
require the filing of a bond or equivalent security in accordance with 
the Federal Rules of Civil Procedure. 
(g) OTHER RIGHTS.—Nothing in this section shall restrict or 
expand any right which any person (or class of persons) may have 
under any Federal or State statute or common law to seek enforce-
ment of any requirement or to seek any other relief (including relief 
against the Administrator or a State agency). 
(h) INTERVENTION.— 
(1) BY THE UNITED STATES.—In any action under this section 
^ 
the United States or the State, or both, if not a party, may 
intervene as a matter of right. 
(2) BY PERSONS.—In any action under this section, any person 
J 
may intervene as a matter of right when such person has a 
direct interest which is or may be adversely affected by the 
action and the disposition of the action may, as a practical 
matter, impair or impede the person's ability to protect that 
g 
interest unless the Administrator or the State shows that the 
Y 
person's interest is adequately represented by existing parties 
in the action. 
SEC. 327. EXEMPTION. 
Except as provided in section 304, this title does not apply to the 
transportation, including the storage incident to such transpor-
tation, of any substance or chemical subject to the requirements of 
this title, including the transportation and distribution of natural 
gas. 
SEC. 328. REGULATIONS. 
The Administrator may prescribe such regulations as may be 
necessary to carry out this title. 
SEC. 329. DEFINITIONS. 
.. For purposes of this title— 
(1) ADMINISTRATOR.—The term "Administrator" means the 
,j 
Administrator of the Environmental Protection Agency. 
(2) ENVIRONMENT.—The term "environment" includes water, 
,
^ 
air, and land and the interrelationship which exists among and 
]. 
between water, air, and land and all living things. 
(3) EXTREMELY HAZARDOUS SUBSTANCE.—The term "extremely 
hazardous substance" means a substance on the list described in 
5 
section 302(aX2). 
5 
(4) FACILITY.—The term "facility" means all buildings, equip-
ri 
ment, structures, and other stationary items which are located 
18 use app. 
State and local 
governments. 
?iA-j 
Natural gas. 
42 use 11047. 
42 use 11048. 
42 use 11049. 
100 STAT. 1758 
PUBLIC LAW 99-499—OCT. 17, 1986 
' 
on a single site or on contiguous or adjacent sites and which are 
owned or operated by the same person (or by any person which 
• 
controls, is controlled by, or under common control with, such 
person). For purposes of section 304, the term includes motor 
vehicles, rolling stock, and aircraft. 
(5) HAZARDOUS CHEMICAL.—The term "hazardous chemical" 
' 
has the meaning given such term by section 311(e). 
(6) MATERIAL SAFETY DATA SHEET.—The term "material safety 
data sheet" means the sheet required to be developed under 
section 1910.1200(g) of title 29 of the Code of Federal Regula-
tions, as that section may be amended from time to time. 
••'-• (7) PERSON.—The term "person" means any individual, trust, 
firm, joint stock company, corporation (including a government 
corporation), partnership, association. State, 
municipality, 
commission, political subdivision of a State, or interstate body. 
(8) RELEASE.—The term "release" means any spilling, leaking, 
pumping, pouring, emitting, emptying, discharging, injecting, 
^ 
escaping, leaching, dumping, or disposing into the environment 
(including the abandonment or discarding of barrels, containers, 
and other closed receptacles) of any hazardous chemical, ex-
tremely hazardous substance, or toxic chemical. 
(9) STATE.—The term "State" means any State of the United 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, Guam, American Samoa, the United States Virgin Islands, 
the Northern Mariana Islands, and any other territory or 
t" 
possession over which the United States has jurisdiction. 
(10) TOXIC CHEMICAL.—The term "toxic chemical" means a 
substance on the list described in section 313(c). 
42 u s e 11050. 
SEC. 330. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for fiscal years beginning 
after September 30, 1986, such sums as may be necessary to carry 
out this title. 
Radon Gas and 
TITLE IV—RADON GAS AND INDOOR AIR QUALITY 
Indoor Air 
RESEARCH 
Quality 
•:'•• 
Research Act of 
1986. 
SEC. 401. SHORT TITLE. 
42 use 7401 
This title may be cited as the "Radon Gas and Indoor Air Quality 
"ote. 
Research Act of 1986". 
42 u s e 7401 
SEC. 402. FINDINGS. 
''°*^- 
The Congress finds that: 
"'"**'' 
' 
"^ 
(1) High levels of radon gas pose a serious health threat in 
;;; 
; '<t^ 
structures in certain areas of the country. 
(2) Various scientific studies have suggested that exposure to 
. 
radon, including exposure to naturally occurring radon and 
indoor air pollutants, poses a public health risk. 
(3) Existing Federal radon and indoor air pollutant research 
programs are fragmented and underfunded. 
(4) An adequate information base concerning exposure to 
radon and indoor air pollutants should be developed by the 
appropriate Federal agencies. 
42 u s e 7401 
SEC. 403. RADON GAS AND INDOOR AIR QUALITY RESEARCH PROGRAM. 
(a) DESIGN OF PROGRAM.—The Administrator of the Environ 
mental Protection Agency shall establish a research program with 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1759 
respect to radon gas and indoor air quality. Such program shall be 
designed to— 
(1) gather data and information on all aspects of indoor air 
quality in order to contribute to the understanding of health 
problems associated with the existence of air pollutants in the 
indoor environment; 
(2) coordinate Federal, State, local, and private research and 
development efforts relating to the improvement of indoor air 
quality; and 
(3) assess appropriate Federal Government actions to mitigate 
the environmental and health risks associated with indoor air 
quality problems. 
(b) PROGRAM REQUIREMENTS.—The research program required 
under this section shall include— 
(1) research and development concerning the identification, 
characterization, and monitoring of the sources and levels of 
indoor air pollution, including radon, which includes research 
and development relating to— 
(A) the measurement of various pollutant concentrations 
and their strengths and sources, 
(B) high-risk building types, and 
(C) instruments for indoor air quality data collection; 
(2) research relating to the effects of indoor air pollution and 
radon on human health; 
(3) research and development relating to control technologies 
or other mitigation measures to prevent or abate indoor air 
pollution (including the development, evaluation, and testing of 
individual and generic control devices and systems); 
(4) demonstration of methods for reducing or eliminating 
indoor air pollution and radon, including sealing, venting, and 
other methods that the Administrator determines may be 
effective; 
(5) research, to be carried out in conjunction with the Sec-
retary of Housing and Urban Development, for the purpose of 
developing— 
(A) methods for assessing the potential for radon contami-
nation of new construction, including (but not limited to) 
consideration of the moisture content of soil, porosity of 
soil, and radon content of soil; and 
(B) design measures to avoid indoor air pollution; and 
(6) the dissemination of information to assure the public 
availability of the findings of the activities under this section. 
(c) ADVISORY COMMITTEES.—The Administrator shall establish a 
committee comprised of individuals representing Federal agencies 
concerned with various aspects of indoor air quality and an advisory 
group comprised of individuals representing the States, the sci-
entific community, industry, and public interest organizations to 
assist him in carrying out the research program for radon gas and 
indoor air quality. 
(d) IMPLEMENTATION PLAN.—Not later than 90 days after the 
enactment of this Act, the Administrator shall submit to the Con- 
* 
i 
gress a plan for implementation of the research program under this 
section. Such plan shall also be submitted to the EPA Science 
Advisory Board, which shall, within a reasonable period of time, 
submit its comments on such plan to Congress. 
(e) REPORT.—Not later than 2 years after the enactment of this 
Act, the Administrator shall submit to Congress a report respecting 
100 STAT. 1760 
PUBLIC LAW 99-499—OCT. 17, 1986 
42 u s e 7401 
note. 
Appropriation 
authorization. 
42 u s e 7401 
note. 
his activities under this section and making such recommendations 
as appropriate. 
SEC. 404. CONSTRUCTION OF TITLE. 
Nothing in this title shall be construed to authorize the Adminis-
trator to carry out any regulatory program or any activity other 
than research, development, and related reporting, information 
dissemination, and coordination activities specified in this title. 
Nothing in this title shall be construed to limit the authority of the 
Administrator or of any other agency or instrumentality of the 
United States under any other authority of law. 
SEC. 405. AUTHORIZATIONS. 
There are authorized to be appropriated to carry out the activities 
under this title and under section 118(k) of the Superfund Amend-
ments and Reauthorization Act of 1986 (relating to radon gas assess-
ment and demonstration program) not to exceed $5,000,000 for each 
of the fiscal years 1987, 1988, and 1989. Of such sums appropriated 
in fiscal years 1987 and 1988, two-fifths shall be reserved for the 
implementation of section 118(k)(2). 
Superfund 
Revenue Act of 
1986. 
26 u s e 1 note. 
26 u s e 4611. 
Effective date. 
Post, p. 1770; 26 
u s e 4661, 4671. 
*
^
' •' 
TITLE V—AMENDMENTS OF THE INTERNAL 
• 
REVENUE CODE OF 1986 
SEC. 501. SHORT TITLE. 
This title may be cited as the "Superfund Revenue Act of 1986". 
PART I—SUPERFUND AND ITS REVENUE 
SOURCES 
SEC. 
5
1
1
. 
EXTENSION 
OF 
ENVIRONMENTAL 
TAXES. 
(a) IN GENERAL.—Subsection (d) of section 4611 of the Internal 
Revenue Code of 1986 (relating to termination) is amended to read 
as follows: 
"(d) APPLICATION OF TAXES.— 
"(1) IN GENERAL.—Except as provided in paragraphs (2) and 
(3), the taxes imposed by this section shall apply after December 
31, 1986, and before January 1, 1992. 
"(2) N o TAX IF UNOBLIGATED BALANCE IN FUND EXCEEDS 
$3,500,000,000.—If on December 31, 1989, or December 31, 
1990— 
"(A) the unobligated balance in the Hazardous Substance 
Superfund exceeds $3,500,000,000, and 
"(B) the Secretary, after consultation with the Adminis-
trator of the Environmental Protection Agency, determines 
that the unobligated balance in the Hazardous Substance 
" 
Superfund will exceed $3,500,000,000 on December 31 of 
1990 or 1991, respectively, if no tax is imposed under section 
59A, this section, and sections 4661 and 4671, 
then no tax shall be imposed under this section during 1990 or 
1991, as the case may be. 
"(3) N o TAX IF AMOUNTS COLLECTED EXCEED $6,650,000,000.— 
"(A) ESTIMATES BY SECRETARY.—The Secretary as of 
the 
'4, close of each calendar quarter (and at such other times as 
.; \,- the Secretary determines appropriate) shall make an esti-
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1761 
ij^ J 
mate of the amount of taxes which will be collected under 
section 59A, this section, and sections 4661 and 4671 and 
credited to the Hazardous Substance Superfund during the 
i
;
H 
period beginning January 1, 1987, and ending December 31, 
1991. 
"(B) TERMINATION IF $6,650,000,000 CREDITED BEFORE 
JANUARY 1, 1992.—If the Secretary estimates 
under 
subparagraph (A) that more than $6,650,000,000 will be 
credited to the Fund before January 1, 1992, no tax shall be 
imposed under this section after the date on which (as 
estimated by the Secretary) $6,650,000,000 will be so cred-
ited to the Fund." 
(b) TECHNICAL AMENDMENT.—Section 303 of the C!omprehensive 
Environmental Response, (Dompensation, and Liability Act of 1980 is 
hereby repealed. 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
take effect on January 1,1987. 
SEC. 512. INCREASE IN TAX ON PETROLEUM. 
(a) IN GENERAL.—Subsections (a) and (b) of section 4611 of the 
Internal Revenue Code of 1986 (relating to environmental tax on 
petroleum) are each amended by striking out "of 0.79 cent a barrel" 
and inserting in lieu thereof "at the rate specified in subsection (c)". 
flt)) INCREASE IN TAX.—Section 4611 of such Code is amended by 
redesignating subsections (c) and (d) as subsections (d) and (e), 
respectively, and by inserting after subsection (b) the following new 
subsection: 
"(c) RATE OF TAX.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), the 
rate of the taxes imposed by this section is 8.2 cents a barrel. 
"(2) IMPORTED PETROLEUM PRODUCTS.—The rate of the tax 
imposed by subsection (aX2) shall be 11.7 cents a barrel." 
(c) ALLOWANCE OF CREDIT FOR CRUDE OIL RETURNED TO PIPEUNE.— 
Section 4612 of such Code (relating to definitions and special rules) 
is amended by redesignating subsection (c) as subsection (d) and by 
inserting after subsection (b) the following new subsection: 
"(c) CREDIT WHERE CRUDE OIL RETURNED TO PIPEUNE.—Under 
regulations prescribed by the Secretary, if an operator of a United 
States refinery— 
"(1) removes crude oil from a pipeline, and 
"(2) returns a portion of such crude oil into a stream of other 
crude oil in the same pipeline, 
there shall be allowed as a credit against the tax imposed by section 
4611 to such operator an amount equal to the product of the rate of 
tax imposed by section 4611 on the crude oil so removed by such 
operator and the number of barrels of crude oil returned by such 
operator to such pipeline. Any crude oil so returned shall be treated 
for purposes of this subchapter as crude oil on which no tax has been 
imposed by section 4611." 
(d) EFFECTIVE DATE.—The amendments made by this section shall 
take effect on January 1,1987. 
SEC. 513. CHANGES RELATING TO TAX ON CERTAIN CHEMICALS. 
(a) INCREASE IN RATE OF TAX ON XYLENE.—The table contained in 
subsection (b) of section 4661 of the Internal Revenue (Dode of 1986 
(relating to tax on certain chemicals) is amended by adding at the 
end thereof the following new sentence: 
Post, p. 1770; 
26 
use 
4661, 
4671. 
42 use 9653. 
26 use 4611 
note. 
26 use 4611. 
26 use 4611. 
26 use 4612. 
Regulations. 
26 use 4611 
note. 
26 use 4661. 
100 STAT. 1762 
PUBLIC LAW 99-499—OCT. 17, 1986 
"For periods before 1992, the item relating to xylene in the preced-
ing table shall be applied by substituting '10.13' for '4.87'." 
26 u s e 4662. 
(b) EXEMPTION FOR EXPORTS OF TAXABLE CHEMICALS.— 
(1) Section 4662 of such Code (relating to definitions and 
special rules) is amended by redesignating subsection (e) as 
subsection (f) and by inserting after subsection (d) the following 
new subsection: 
"(e) EXEMPTION FOR EXPORTS OF TAXABLE CHEMICALS.— 
"(1) TAX-FREE SALES.— 
"(A) IN GENERAL.—No tax shall be imposed under section 
4661 on the sale by the manufacturer or producer of any 
taxable chemical for export, or for resale by the purchaser 
to a second purchaser for export. 
'• 
"(B) PROOF OF EXPORT REQUIRED.—Rules similar to 
the 
rules of section 4221(b) shall apply for purposes of subpara-
" 
' 
graph (A). 
"(2) CREDIT OR REFUND WHERE TAX PAID.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), if-
"(i) tax under section 4661 was paid with respect to 
any taxable chemical, and 
"(ii)(I) such chemical was exported by any person, or 
"(II) such chemical was used as a material in the 
manufacture or production of a substance which was 
exported by any person and which, at the time of 
export, was a taxable substance (as defined in section 
4672(a)), 
credit or refund (without interest) of such tax shall be 
allowed or made to the person who paid such tax. 
"(B) CONDITION TO ALLOWANCE.—No credit or refund shall 
be allowed or made under subparagraph (A) unless the 
person who paid the tax establishes that he— 
' * 
"(i) has repaid or agreed to repay the amount of the 
tax to the person who exported the taxable chemical or 
*'* 
taxable substance (as so defined), or 
"(ii) has obtained the written consent of such ex-
' ' 
^ 
porter to the allowance of the credit or the making of 
the refund. 
"(3) REGULATIONS.—The Secretary shall prescribe such regu-
lations as may be necessary to carry out the purposes of this 
• subsection." 
Post, p. 1764. 
(2) Paragraph (1) of section 4662(d) of such Code (relating to 
'' refund or credit for certain uses) is amended— 
(A) by striking out "the sale of which by such person 
would be taxable under such section" and inserting in lieu 
thereof "which is a taxable chemical", and 
(B) by striking out "imposed by such section on the other 
:. 
i, substance manufactured or produced" and inserting in lieu 
thereof "imposed by such section on the other substance 
•
•
^ 
' ' 
manufactured or produced (or which would have been im-
posed by such section on such othei- substance but for 
subsection (b) or (e) of this section)". 
(c) SPECIAL RULE FOR XYLENE.—Subsection (b) of section 4662 of 
i 
d 
such Code (relating to exceptions; other special rules) is amended by 
adding after paragraph (6) the following new paragraph: 
"(7) SPECIAL RULE FOR XYLENE.—Except in the case of any 
substance imported into the United States or exported from the 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1763 
United States, the term 'xylene' does not include any separated 
isomer of xylene." 
(d) EXEMPTION FOR CERTAIN RECYCLED CHEMICALS.—Subsection (b) 
of section 4662 of such Code (relating to exceptions; other special 
Ante, p. 1762; 
rules) is amended by adding after paragraph (7) the following new 
Post, p. 1765; 
paragraph: 
'"'^°-
"(8) RECYCLED CHROMIUM, COBALT, AND NICKEL.— 
"(A) IN GENERAL.—No tax shall be imposed under section 
4661(a) on any chromium, cobalt, or nickel which is diverted 
or recovered in the United States from any solid waste as 
part of a recycling process (and not as part of the original 
manufacturing or production process). 
"(B) EXEMPTION NOT TO APPLY WHILE CORRECTIVE ACTION 
UNCOMPLETED.—Subparagraph (A) shall not apply during 
any period that required corrective action by the taxpayer 
at the unit at which the recycling occurs is uncompleted. 
"(C) 
REQUIRED CORRECTIVE ACTION.—For purposes 
of 
subparagraph (B), required corrective action shall be 
treated as uncompleted during the period— 
"(i) beginning on the date that the corrective action 
is required by the Administrator or an authorized State 
pursuant to— 
"(I) a final permit under section 3005 of the Solid 
Waste Disposal Act or a final order under section 
42 USC 6925. 
3004 or 3008 of such Act, or 
42 USC 6924, 
"(II) a final order under section 106 of the Com- 6928. 
prehensive Environmental Response, Compensa-
tion, and Liability Act of 1980, and 
42 USC 9603. 
"(ii) ending on the date the Administrator or such 
State (as the case may be) certifies to the Secretary that 
such corrective action has been completed. 
j , 
, 
"(D) SPECIAL RULE FOR GROUNDWATER TREATMENT.—In the 
.^. 
case of corrective action requiring groundwater treatment, 
such action shall be treated as completed as of the close of 
the 10-year period beginning on the date such action is 
required if such treatment complies with the permit or 
order applicable under subparagraph (C)(i) throughout such 
period. The preceding sentence shall cease to apply begin- Termination 
ning on the date such treatment ceases to comply with such <iate. 
permit or order. 
"(E) SouD WASTE.—For purposes of this paragraph, the 
term 'solid waste' has the meaning given such term by 
section 1004 of the Solid Waste Disposal Act, except that 
42 USC 6903. 
such term shall not include any byproduct, coproduct, or 
other waste from any process of smelting, refining, or other-
wise extracting any metal." 
(e) EXEMPTION FOR ANIMAL FEED SUBSTANCES.— 
(1) IN GENERAL.—Subsection (b) of section 4662 of such Code 
(relating to exceptions; other special rules) is amended by 
adding after paragraph (8) the following new paragraph: 
"(9) SUBSTANCES USED IN THE PRODUCTION OF ANIMAL FEED.— 
"(A) IN GENERAL.—In the case of— 
"(i) nitric acid, 
' 
"(ii) sulfuric acid, 
"(iii) ammonia, or 
' 
"(iv) methane used to produce ammonia. 
100 STAT. 1764 
PUBLIC LAW 99-499—OCT. 17, 1986 
^jj>j 
which is a qualified animal feed substance, no tax shall be 
26 use 4661. 
imposed under section 4661(a). 
"(B) QUAUFIED ANIMAL FEED SUBSTANCE.—For purpOSCS o f 
^' 
this section, the term 'qualified animal feed substance' 
*,," .',,., 
s
^ 
means any substance— 
"(i) used in a qualified animal feed use by the manu-
facturer, producer, or importer, 
;.; 
.
_ 
"(ii) sold for use by any purchaser in a qualified 
H 
animal feed use, or 
"(iii) sold for resale by any purchaser for use, or 
i^. 
i 
resale for ultimate use, in a qualified animal feed use. 
"(C) QUALIFIED ANIMAL FEED USE.—The term 'qualified 
animal feed use' means any use in the manufacture or 
production of animal feed or animal feed supplements, or of 
ingredients 
used 
in 
animal 
feed 
or 
animal 
feed 
supplements. 
"(D) TAXATION OF NONQUAUFIED SALE OR USE.—For pur-
K 
poses of section 4661(a), if no tax was imposed by such 
section on the sale or use of any chemical by reason of 
subparagraph (A), the 1st person who sells or uses such 
chemical other than in a sale or use described in subpara-
graph (A) shall be treated as the manufacturer of such 
chemical." 
(2) REFUND OR CREDIT FOR SUBSTANCES USED IN THE PRODUC-
TION OF ANIMAL FEED.—Subsection (d) of section 4662 of such 
Ante, p. 1762. 
Code (relating to refunds and credits with respect to the tax on 
certain chemicals) is amended by adding at the end thereof the 
' 
- ' ' 
following new paragraph: 
"(4) USE IN THE PRODUCTION OF ANIMAL FEED.—Under regula-
tions prescribed by the Secretary, i
f
— 
"(A) a tax under section 4661 was paid with respect to 
'^ 
nitric acid, sulfuric acid, ammonia, or methane used to 
4 ' 
produce ammonia, without regard to subsection (b)(9), and 
"(B) any person uses such substance as a qualified animal 
feed substance, 
then an amount equal to the excess of the tax so paid over the 
tax determined with regard to subsection (b)(9) shall be allowed 
" 
"?.' 
as a credit or refund (without interest) to such person in the 
same manner as if it were an overpayment of tax imposed by 
this section." 
(f) CERTAIN EXCHANGES BY TAXPAYERS NOT TREATED AS SALES.— 
^ 
. 
Subsection (c) of section 4662 of such Code (relating to use by 
manufacturers) is amended to read as follows: 
"(c) USE AND CERTAIN EXCHANGES BY MANUFACTURER, ETC.— 
"(1) USE TREATED AS SALE.—Except as provided in subsections 
(b) and (e), if any person manufactures, produces, or imports any 
taxable chemical and uses such chemical, then such person 
shall be liable for tax under section 4661 in the same manner as 
if such chemical were sold by such person. 
, 
"(2) SPECIAL RULES FOR INVENTORY EXCHANGES.— 
"(A) IN GENERAL.—Except as provided in this paragraph, 
in any case in which a manufacturer, producer, or importer 
of a taxable chemical exchanges such chemical as part of an 
inventory exchange with another person— 
"(i) such exchange shall not be treated as a sale, and 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1765 
"(ii) such other person shall, for purposes of section 
4661, be treated as the manufacturer, producer, or 
26 USC 4661. 
^ 
importer of such chemical. 
"(B) 
REGISTRATION REQUIREMENT.—Subparagraph 
(A) 
shall not apply to any inventory exchange unless— 
, 
j^, 
"(i) both parties are registered with the Secretary as 
^' 
manufacturers, producers, or importers of taxable 
chemicals, and 
'' 
"(ii) the person receiving the taxable chemical has, at 
such time as the Secretary may prescribe, notified the 
manufacturer, producer, or importer of such person's 
registration number and the internal revenue district 
' 
in which such person is registered. 
"(C) INVENTORY EXCHANGE.—For purposes of this para-
graph, the term 'inventory exchange' means any exchange 
in which 2 persons exchange property which is, in the 
hands of each person, property described in section 
1221(1)." 
(g) SPECIAL RULES RELATING TO HYDROCARBON STREAMS (DONTAIN-
ING ORGANIC TAXABLE CHEMICALS.—Subsection (b) of section 4662 of 
such Code (relating to exceptions; other special rules) is amended by Ante, p. 1763. 
adding after paragraph (9) the following new paragraph: 
"(10) HYDROCARBON STREAMS CONTAINING MIXTURES OF OR-
GANIC TAXABLE CHEMICALS.— 
"(A) IN GENERAL.—No tax shall be imposed under section 
4661(a) on any organic taxable chemical while such chemi-
cal is part of an intermediate hydrocarbon stream contain-
ing a mixture of organic taxable chemicals. 
"(B) REMOVAL, ETC., TREATED AS USE.—For purposes of this 
part, if any organic t£ixable chemical on which no tax was 
imposed by reason of subparagraph (A) is isolated, ex-
tracted, or otherwise removed from, or ceases to be part of, 
an intermediate hydrocarbon stream— 
"(i) such isolation, extraction, removal, or cessation 
shall be treated as use by the person causing such 
' 
event, and 
"(ii) such person shall be treated as the manufacturer 
of such chemical. 
,'" 
"(C) 
REGISTRATION REQUIREMENT.—Subparagraph 
(A) 
' 
shall not apply to any sale of any intermediate hydrocarbon 
stream unless the registration requirements of clauses (i) 
and (ii) of subsection (cX2XB) are satisfied. 
- 
"(D) ORGANIC TAXABLE CHEMICAL.—For purposes of this 
paragraph, the term 'organic taxable chemical' means any 
taxable chemical which is an organic substance." 
(h) EFFECTIVE DATES.— 
26 u s e 4661 
(1) IN GENERAL.—Except as otherwise provided in this subsec- 
note. 
tion, the amendments made by this section shall take effect on 
January 1,1987. 
J 
(2) REPEAL OF TAX ON XYLENE FOR PERIODS BEFORE OCTOBER i, 
1985.— 
(A) REFUND OF TAX PREVIOUSLY IMPOSED.— 
(i) IN GENERAL.—In the case of any tax imposed by 
section 4661 of the Internal Revenue Code of 1954 on 
the sale or use of xylene before October 1, 1985, such 
.t.ii. . ; 
^^^ (including interest, additions to tax, and additional 
' •' 
' '* 
amounts) shall not be assessed, and if assessed, the 
100 STAT. 1766 
PUBLIC LAW 99-499—OCT. 17, 1986 
26 u s e 4661. 
Claims. 
26 u s e prec. 
4611-4612, prec. 
4661-4662, prec. 
4041, 4611 note. 
Imports and 
exports. 
26 u s e 4661. 
Imports and 
exports. 
Ante, p. 1762. 
assessment shall be abated, and if collected shall be 
credited or refunded (with interest) as an overpayment. 
(ii) CONDITION TO ALLOWANCE.—Clause (i) shall not 
apply to a sale of xylene unless the person who (but for 
clause (i)) would be liable for the tax imposed by section 
4661 on such sale meets requirements similar to the 
requirements of paragraph (1) of section 6416(a) of such 
Code. For purposes of the preceding sentence, subpara-
graph (A) of section 6416(a)(1) of such Code shall be 
applied without regard to the material preceding "has 
not collected". 
(B) WAIVER OF STATUTE OF LIMITATIONS.—If on the date of 
the enactment of this Act (or at any time within 1 year 
after such date of enactment) refund or credit of any over-
payment of tax resulting from the application of subpara-
graph (A) is barred by any law or rule of law, refund or 
credit of such overpayment shall, nevertheless, be made or 
allowed if claim therefor is filed before the date 1 year after 
the date of the enactment of this Act. 
(C) XYLENE TO INCLUDE ISOMERS.—For purposes of this 
paragraph, the term "xylene" shall include any isomer of 
xylene whether or not separated. 
(3) INVENTORY EXCHANGES.— 
(A) IN GENERAL.—Except as otherwise provided in this 
paragraph, the amendment made by subsection (f) shall 
apply as if included in the amendments made by section 211 
of the Hazardous Substance Response Revenue Act of 1980. 
(B) RECIPIENT MUST AGREE TO TREATMENT AS MANUFAC-
TURER.—In the case of any inventory exchange before Janu-
ary 1, 1987, the amendment made by subsection (f) shall 
apply only if the person receiving the chemical from the 
manufacturer, producer, or importer in the exchange 
agrees to be treated as the manufacturer, producer, or 
importer of such chemical for purposes of subchapter B of 
chapter 38 of the Internal Revenue Code of 1954. 
(C) EXCEPTION WHERE MANUFACTURER PAID TAX.—In the 
case of any inventory exchange before January 1, 1987, the 
amendment made by subsection (f) shall not apply if the 
manufacturer, producer, or importer treated such exchange 
as a sale for purposes of section 4661 of such Code and paid 
the tax imposed by such section. 
(D) REGISTRATION REQUIREMENTS.—Section 4662(c)(2)(B) of 
such Code (as added by subsection (f)) shall apply to ex-
changes made after December 31,1986. 
(4) EXPORTS OF TAXABLE SUBSTANCES.—Subclause (II) of section 
4662(e)(2)(A)(ii) of such Code (as added by this section) shall not 
apply to the export of any taxable substance (as defined in 
section 4672(a) of such Code) before January 1, 1989. 
(5) SALES OF INTERMEDIATE HYDROCARBON STREAMS.— 
(A) IN GENERAL.—Except as otherwise provided in this 
paragraph, the amendment made by subsection (g) shall 
apply as if included in the amendments made by section 211 
of the Hazardous Substances Response Revenue Act of 1980. 
(B) PURCHASER MUST AGREE TO TREATMENT AS MANUFAC-
TURER.—In the case of any sale before January 1, 1987, of 
any intermediate hydrocarbon stream, the amendment 
made by subsection (g) shall apply only if the purchaser 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1767 
agrees to be treated as the manufacturer, producer, or 
importer for purposes of subchapter B of chapter 38 of such 
Code. 
(C) EXCEPTION WHERE MANUFACTURER PAID TAX.—In the 
'^ ? 
case of any sale before January 1, 1987, of any intermediate 
hydrocarbon stream, the amendment made by subsection 
(g) shall not apply if the manufacturer, producer, or im-
porter of such stream paid the tgix imposed by section 4661 
with respect to such sale on all taxable chemicals contained 
in such stream. 
(D) REGISTRATION REQUIREMENTS.—Section 4662(bX10XC) 
*f 
of such Code (as added by subsection (g)) shall apply to 
exchanges made after December 31,1986. 
SEC. 
5
1
4
. 
REPEAL 
OF 
POST-CLOSURE 
TAX 
AND 
TRUST 
FUND. 
(a) REPEAL OF TAX.— 
(1) Subchapter C of chapter 38 of the Internal Revenue Code 
of 1986 (relating to tax on hazardous wastes) is hereby repealed. 
(2) The table of subchapters for such chapter 38 is amended by 
striking out the item relatihg to subchapter C. 
(b) REPEAL OF TRUST FUND.—Section 232 of the Hazardous Sub-
stance Response Revenue Act of 1980 is hereby repealed. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by this section shall 
*' 
take effect on October 1,1983, 
(2) WAIVER OF STATUTE OF UMITATIONS.—If on the date of the 
enactment of this Act (or at any time within 1 year after such 
date of enactment) refund or credit of any overpayment of tax 
resulting from the application of this section is barred by any 
law or rule of law, refund or credit of such overpayment shall, 
nevertheless, be made or allowed if claim therefor is filed before 
the date 1 year after the date of the enactment of this Act. 
SEC. 515. TAX 
ON 
CERTAIN 
IMPORTED 
SUBSTANCES 
DERIVED 
FROM TAXABLE CHEMICALS. 
(a) GENERAL RULE.—Chapter 38 of the Internal Revenue Code of 
1986 is amended by adding after subchapter B the following new 
subchapter: 
"SUBCHAPTER C. Tax on Ortain Imported Substances. 
"Sec. 4671. Imposition of tax. 
"Sec. 4672. Definitions and special rules. 
"SEC. 4671. IMPOSITION OF TAX. 
"(a) GENERAL RULE.—There is hereby imposed a tax on any 
taxable substance sold or used by the importer thereof. 
"(b) AMOUNT OF TAX.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), the 
amount of the tax imposed by subsection (a) with respect to any 
taxable substance shall be the amount of the tax which would 
have been imposed by section 4661 on the taxable chemicals 
used as materials in the manufacture or production of such 
substance if such taxable chemicals had been sold in the United 
States for use in the manufacture or production of such taxable 
substance. 
"(2) RATE WHERE IMPORTER DOES NOT FURNISH INFORMATION TO 
SECRETARY.—If the importer does not furnish to the Secretary 
(at such time and in such manner as the Secretary shall pre-
26 u s e prec. 
4611-4612, prec. 
4661-4662, prec. 
4041, 4611 note. 
Imports and 
exports. 
26 u s e 4681, 
4682. 
42 u s e 9641. 
26 u s e 4681 
note. 
Claims. 
26 u s e 4671. 
Imports and 
exports. 
100 STAT. 1768 
PUBLIC LAW 99-499—OCT. 17, 1986 
scribe) sufficient information to determine under paragraph (1) 
the amount of the tax imposed by subsection (a) on any taxable 
f 
^ substance, the amount of the tax imposed on such taxable 
j. 
^j^ substance shall be 5 percent of the appraised value of such 
J- 
' substance as of the time such substance was entered into the 
o 
United States for consumption, use, or warehousing. 
"(3) AUTHORITY TO PRESCRIBE RATE IN LIEU OF PARAGRAPH (2) 
RATE.—The Secretary may prescribe for each taxable substance 
a tax which, if prescribed, shall apply in lieu of the tax specified 
in paragraph (2) with respect to such substance. The tax pre-
scribed by the Secretary shall be equal to the amount of tax 
which would be imposed by subsection (a) with respect to the 
taxable substance if such substance were produced using the 
predominant method of production of such substance. 
"(c) EXEMPTIONS FOR SUBSTANCES TAXED UNDER SECTIONS 4611 
AND 4661.—No tax shall be imposed by this section on the sale or use 
of any substance if tax is imposed on such sale or use under section 
26 use 4611, 
4611 or 4661. 
4661. 
"(d) TAX-FREE SALES, ETC. FOR SUBSTANCES USED AS CERTAIN 
FUELS OR IN THE PRODUCTION OF FERTILIZER OR ANIMAL FEED.—Rules 
, , 
;v 
similar to the following rules shall apply for purposes of applying 
this section with respect to taxable substances used or sold for use as 
described in such rules: 
-i 
"(1) Paragraphs (2), (5), and (9) of section 4662(b) (relating to 
tax-free sales of chemicals used as fuel or in the production of 
- ' 
fertilizer or animal feed). 
"(2) Paragraphs (2), (3), and (4) of section 4662(d) (relating to 
refund or credit of tax on certain chemicals used as fuel or in 
the production of fertilizer or animal feed). 
"(e) TERMINATION.—No tax shall be imposed under this section 
during any period during which no tax is imposed under section 
4611(a). 
26 u s e 4672. 
"SEC. 4672. DEFINITIONS AND SPECIAL RILES. 
' * 
"(a) TAXABLE SUBSTANCE.—For purposes of this subchapter— 
"(1) IN GENERAL.—The term 'taxable substance' means any 
substance which, at the time of sale or use by the importer, is 
listed as a taxable substance by the Secretary for purposes of 
this subchapter. 
"(2) DETERMINATION OF SUBSTANCES ON LIST.—A substance 
shall be listed under paragraph (1) i
f
— 
"(A) the substance is contained in the list under para-
'\j K 
graph (3), or 
J 
„, 
"(B) the Secretary determines, in consultation with the 
'J',\ 
^^ ^
^ 
Administrator of the Environmental Protection Agency and 
the Commissioner of Customs, that taxable chemicals con-
> stitute more than 50 percent of the weight of the materials 
used to produce such substance (determined on the basis of 
the predominant method of production). 
"(3) INITIAL LIST OF TAXABLE S U B S T A N C E S . — 
. 
; 
Cumene 
Methylene chloride 
•' 
Styrene 
Polypropylene 
Ammonium nitrate 
Propylene glycol 
^ 
Nickel oxide 
Formaldehyde 
Isopropyl alcohol 
Acetone 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1769 
>. 
" 
Ethylene glycol 
Acrylonitrile 
Vinyl chloride 
Methanol 
Polyethylene resins, total 
Propylene oxide 
Polybutadiene 
Polypropylene resins 
Styrene-butadiene, latex 
Ethylene oxide 
Styrene-butadiene, snpf 
Ethylene dichloride 
Synthetic rubber, not containing Cyclohexane 
fillers 
\ 
vs 
Urea 
Isophthalic acid 
Ferronickel 
Maleic anhydride 
Ferrochromium nov 3 pet 
Phthalic anhydride 
Ferrochrome ov 3 pet. carbon 
Ethyl methyl ketone 
Unwrrought nickel 
Chloroform 
p. 
Nickel waste and scrap 
Carbon tetrachloride 
Wrought nickel rods and wire 
Chromic acid 
•-•^ '
•
^
' 
Nickel powders 
Hydrogen peroxide 
-. , • 
Phenolic resins 
Polystyrene homopolymer resins 
' ; 
x; -
,jj, 
Polyvinylchloride resins 
Melamine 
Polystyrene resins and copolymers Acrylic and methacrylic acid resins 
Ethyl alcohol for nonbeverage use Vinyl resins 
"
O j.» 
Ethylbenzene 
Vinyl resins, NSPF. 
"(4) MODIFICATIONS TO UST.— 
"(A) IN GENERAL.—The Secretary may add substances to 
J 
or remove substances from the list under paragraph (3) 
(including items listed by reason of paragraph (2)) as nec-
essary to carry out the purposes of this subchapter. 
"(B) AUTHORITY TO ADD SUBSTANCES TO LIST BASED ON 
VALUE.—The Secretary may, to the extent necessary to 
carry out the purposes of this subchapter, add any sub-
stance to the list under paragraph (3) if such substance 
would be described in paragraph (2XB) if 'value' were sub-
stituted for 'weight' therein. 
"(b) OTHER DEFINITIONS.—For purposes of this subchapter— 
f5 
"(1) IMPORTER.—The term 'importer' means the person enter-
ing the taxable substance for consumption, use, or warehousing. 
"(2) TAXABLE CHEMICALS; UNITED STATES.—The terms 'taxable 
chemical' and 'United States' have the respective meanings 
given such terms by section 4662(a). 
26 USC 4662. 
"(c) DISPOSITION OF REVENUES FROM PUERTO RICO AND THE VIRGIN 
ISLANDS.—The provisions of subsections (aX3) and (bX3) of section 
7652 shall not apply to any tax imposed by section 4671." 
(b) CLERICAL AMENDMENT.—The table of subchapters for chapter 
38 of such Code is amended by adding after the item relating to 
subchapter B the following new item: 
"SUBCHAPTER C. Tax on certain imported substances." 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
26 USC 4671 
take effect on January 1,1989. 
note. 
(d) STUDY.— 
26 use 4671 
(1) IN GENERAL.—The Secretary of the Treasury or his dele- note. 
V 
gate shall conduct a study of issues relating to the implementa-
tion o
f
— 
li,., 
(A) the tax imposed by the section 4671 of the Internal 
Revenue Code of 1986 (as added by this section), and 
(B) the credit for exports of taxable substances under 
< - 
section 4661(eX2XAXiiXII) of such Code. 
In conducting such study, the Secretary of the Treasury or his 
delegate shall consult with the Environmental Protection 
Agency and the International Trade (Commission. 
(2) REPORT.—The report of the study under paragraph (1) shall 
be submitted not later than January 1, 1988, to the Committee 
100 STAT. 1770 
PUBLIC LAW 99-499—OCT. 17, 1986 
on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate. 
SEC. 516. ENVIRONMENTAL TAX. 
(a) IN GENERAL.—Subchapter A of chapter 1 of the Internal 
Revenue Code of 1986 (relating to income taxes) is amended by 
adding at the end thereof the following new part: 
"PART VII—ENVIRONMENTAL TAX 
"Sec. 59A. Environmental tax. 
26USC59A. 
"SEC. 59A. ENVIRONMENTAL TAX. 
Corporations. 
"(a) IMPOSITION OF TAX.—In the case of a corporation, there is 
hereby imposed (in addition to any other tax imposed by this 
subtitle) a tax equal to 0.12 percent of the excess o
f
— 
"(1) the modified alternative minimum taxable income of 
such corporation for the taxable year, over 
"(2) $2,000,000. 
"(h) MODIFIED ALTERNATIVE MINIMUM TAXABLE INCOME.—For 
purposes of this section, the term 'modified alternative minimum 
taxable income' means alternative minimum taxable income (as 
defined in section 55(b)(2)) but determined without regard to— 
"(1) the alternative tax net operating loss deduction (as de-
fined in section 56(d)), and 
"(2) the deduction allowed under section 164(a)(5). 
"(c) SPECIAL RULES.— 
"(1) SHORT TAXABLE YEARS.—The application of this section to 
taxable years of less than 12 months shall be in accordance with 
regulations prescribed by the Secretary. 
1 
"(2) SECTION 15 NOT TO APPLY.—Section 15 shall not apply to 
the tax imposed by this section. 
"(d) APPLICATION OF TAX.— 
Effective date. 
"(1) IN GENERAL.—The tax imposed by this section shall apply 
j- 
to taxable years beginning after December 31, 1986, and before 
= 
January 1,1992. 
J 
"(2) EARLIER TERMINATION.—The tax imposed by this section 
shall not apply to taxable years— 
"(A) beginning during a calendar year during which no 
tax is imposed under section 4611(a) by reason of paragraph 
(2) of section 4611(e), and 
"(B) beginning after the calendar year which includes the 
termination date under paragraph (3) of section 4611(e)." 
(b) TECHNICAL AMENDMENTS.— 
(1) N o CREDITS ALLOWED AGAINST TAX.— 
(A) Paragraph (2) of section 26(b) of such Code, as 
amended by the Tax Reform Act of 1986, is amended by 
redesignating subparagraphs (B) through (J) as subpara-
- 
graphs (C) through (K), respectively, and by inserting after 
subparagraph (A) the following new subparagraph: 
"(B) section 59A (relating to environmental tax),". 
(B) Paragraph (3) of section 936(a) of such Code, as so 
amended, is amended by redesignating subparagraphs (A), 
,,i.fi . 
(B), and (C) as subparagraphs (B), (C), and (D), respectively, 
and by inserting before subparagraph (B) (as so redesig-
nated) the following new subparagraph: 
"(A) section 59A (relating to environmental tax),". 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1771 
(2) TAX TO BE DEDUCTIBLE FOR INCOME TAX PURPOSES.— 
(A) Subsection (a) of section 164 of such Code (relating to 26 USC 164. 
deduction for taxes), as so amended, is amended by insert-
ing after paragraph (4) the following new paragraph: 
"(5) The environmental tax imposed by section 59A." 
Ante, p. 1770. 
(B) Subsection (a) of section 275 of such Code is amended 
by adding at the end thereof the following new sentence: 
"Paragraph (1) shall not apply to the tax imposed by section 
59A." 
(3) 
LIMITATION IN CASE OF CONTROLLED CORPORATIONS.— 
Subsection (a) of section 1561 of such Code (relating to limita-
tions on certain multiple tax benefits in the case of certain 
controlled corporations), as amended by the Tax Reform Act of 
1986, is amended— 
(A) by striking out "and" at the end of paragraph (2), by 
striking out the period at the end of paragraph (3) and 
' ' 
inserting in lieu thereof ", and", and by inserting after 
paragraph (3) the following new paragraph: 
"(4) one $2,000,000 amount for purposes of computing the tax 
imposed by section 59A.", and 
(B) by striking out "(and the amount specified in para-
graph (3))" and inserting in lieu thereof ", the amount 
specified in paragraph (3), and the amount specified in 
paragraph (4)". 
(4) AMENDMENTS TO ESTIMATED TAX PROVISIONS.— 
(A) TAX LIABILITY MUST BE ESTIMATED.— 
(i) Paragraph (1) of section 6154(c) of such Code, as so 
amended, is amended by striking out "and" at the end 
of subparagraph (A), by striking out "over" at the end 
^ 
of subparagraph (B) and inserting in lieu thereof 
f 
"and", and by adding at the end thereof the following 
new subparagraph: 
"(C) the environmental tax imposed by section 59A, 
over". 
(ii) Subsection (a) of section 6154 of such Code is 
amended by striking out "section 11" and inserting 
"section 11, 59A,". 
(C) CONFORMING AMENDMENT TO OVERPAYMENT OF ESTI-
MATED TAX.—Subparagraph (A) of section 6425(cXl) of such 
Code, as amended by the Tax Reform Act of 1986, is 
amended by striking out "plus" at the end of clause (i), by 
striking out "over" at the end of clause (ii) and inserting in 
lieu thereof "plus", and by adding at the end thereof the 
following new clause: 
"(iii) the tax imposed by section 59A, over". 
(D) CONFORMING AMENDMENT TO PENALTY FOR FAILURE TO 
P
A
Y ESTIMATED TAX.—Paragraph (1) of section 6655(f) of such 
Code (defining tax), as so amended, is amended by striking 
out "plus" at the end of subparagraph (A), by striking out 
"over" at the end of subparagraph (B) and inserting in lieu 
thereof "plus", and by adding at the end thereof the follow-
ing new subparagraph: 
"(C) the tax imposed by section 59A, over". 
; i 
(5) CLERICAL AMENDMENT.—The table of parts for subchapter 
A of chapter 1 of such Code is amended by adding at the end 
thereof the following new item: 
"Part VII. Environmental tax." 
100 STAT. 1772 
PUBLIC LAW 99-499—OCT. 17, 1986 
26 use 26 note. 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
* 
, 
apply to taxable years beginning after December 31,1986. 
SEC. 517. HAZARDOUS SUBSTANCE SUPERFUND. 
.;;Ti V ;: j. 
(a) IN GENERAL.—Subchapter A of chapter 98 of the Internal 
Revenue Code of 1986 (relating to establishment of trust funds) is 
amended by adding after section 9506 the following new section; 
26 use 9507. 
"SEC. 9507. HAZARDOUS SUBSTANCE SUPERFUND. 
"(a) CREATION OF TRUST FUND.—There is established in the Treas-
ury of the United States a trust fund to be known as the 'Hazardous 
Substance Superfund' (hereinafter in this section referred to as the 
'Superfund'), consisting of such amounts as may be— 
"(1) appropriated to the Superfund as provided in this section, 
"(2) appropriated to the Superfund pursuant to section 517(b) 
Infra. 
of the Superfund Revenue Act of 1986, or 
"(3) credited to the Superfund as provided in section 9602(b). 
"0)) TRANSFERS TO SUPERFUND.—There are hereby appropriated to 
the Superfund amounts equivalent to— 
Ante, p. 1770. 
"(1) the taxes received in the Treasury under section 59A, 
4611, 4661, or 4671 (relating to environmental tgixes), 
"(2) amounts recovered on behalf of the Superfund under the 
Comprehensive Environmental Response, Compensation, and 
42 use 9601 
Liability Act of 1980 (hereinafter in this section referred to as 
note. 
'CERCLA'), 
"(3) all 
moneys recovered 
or collected 
under 
section 
33 use 1321. 
31 l(bX6XB) of the Clean Water Act, 
42 use 9601. 
"(4) penalties assessed under title I of CERCLA, and 
42 use 9607. 
"(5) punitive damages under section 107(cX3) of CERCLA. 
"(c) EXPENDITURES FROM SUPERFUND.— 
"(1) IN GENERAL.—Amounts in the Superfund shall be avail-
able, as provided in appropriation Acts, only for purposes of 
making expenditures— 
' "
^ 
"(A) to carry out the purposes o
f
— 
"(i) paragraphs (1), (2), (5), and (6) of section 111(a) of 
Ante, p. 1642. 
"' "' 
"
^
^ 
CERCLA as in effect on the date of the enactment of 
^^'^ 
' 
the Superfund Amendments and Reauthorization Act 
of 1986, 
•'"'- »^ 
"(ii) section 111(c) of CERCLA (as so in effect), other 
— ; 
than paragraphs (1) and (2) thereof, and 
-' 
"(iii) section 11 Km) of CERCLA (as so in effect), or 
3 
"(B) hereafter authorized by a law which does not au-
c w> 
thorize the expenditure out of the Superfund for a general 
purpose not covered by subparagraph (A) (as so in effect). 
Waste disposal. 
"(2) EXCEPTION FOR CERTAIN TRANSFERS, ETC., OF HAZARDOUS 
SUBSTANCES.—No amount in the Superfund or derived from the 
or 
Superfund shall be available or used for the transfer or disposal 
of hazardous waste carried out pursuant to a cooperative agree-
ment between the Administrator of the Environmental Protec-
tion Agency and a State if the following conditions apply— 
: 5
? 
"(A) the transfer or disposal, if made on December 13, 
Atf'i 
1985, would not comply with a State or local requirement, 
"(B) the transfer is to a facility for which a final permit 
42 use 6925. 
under section 3005(a) of the Solid Waste Disposal Act was 
3. ' • ; issued after January 1, 1983, and before November 1, 1984, 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1773 
"(C) the transfer is from a facility identified as the McColl 
Site in Fullerton, California. 
"(d) AUTHORITY TO BORROW.— 
"(1) IN GENERAL.—There are authorized to be appropriated to 
the Superfund, as repayable advances, such sums as may be 
necessary to carry out the purposes of the Superfund. 
j.j 
"(2) LIMITATION ON AGGREGATE ADVANCES.—The maximum 
aggregate amount of repayable advances to the Superfund 
which is outstanding at any one time shall not exceed an 
%, amount equal to the amount which the Secretary estimates will 
be equal to the sum of the amounts appropriated to the 
gi 
Superfund under subsection (b)(1) during the following 24 
fg 
months. 
"(3) REPAYMENT OF ADVANCES.— 
,;. . . 
"(A) IN GENERAL.—Advances made to the Superfund shall 
jj,g 
be repaid, and interest on such advances shall be paid, to 
the general fund of the Treasury when the Secretary deter-
mines that moneys are available for such purposes in the 
Superfund. 
"(B) FINAL REPAYMENT.—No advance shall be made to the 
••'' 
Superfund after December 31, 1991, and all advances to 
such Fund shall be repaid on or before such date. 
' <•'., f 
"(C) RATE OF INTEREST.—Interest on advances made to the 
>> 
Superfund shall be at a rate determined by the Secretary of 
the Treasury (as of the close of the calendar month preced-
ing the month in which the advance is made) to be equal to 
the current average market yield on outstanding market-
i- 
able obligations of the United States with remaining peri-
^. 
ods to maturity comparable to the anticipated period 
' 
during which the advance will be outstanding and shall be 
compounded annually. 
"(e) LIABILITY OF UNITED STATES LIMITED TO AMOUNT IN TRUST 
FUND.— 
"(1) GENERAL RULE.—Any claim filed against the Superfund 
J 
may be paid only out of the Superfund. 
' 
"(2) 
COORDINATION 
WITH 
OTHER PROVISIONS.—Nothing 
in 
CERCLA or the Superfund Amendments and Reauthorization 
':\, Act of 1986 (or in any amendment made by either of such Acts) 
shall authorize the payment by the United States Government 
of any amount with respect to any such claim out of any source 
other than the Superfund. 
"(3) ORDER IN WHICH UNPAID CLAIMS ARE TO BE PAID.—If at any 
' 
time the Superfund has insufficient funds to pay all of the 
claims payable out of the Superfund at such time, such claims 
£ 
shall, to the extent permitted under paragraph (1), be paid in 
1 
full in the order in which they were finally determined." 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated, out of any money in the Treasury not otherwise 
appropriated, to the Hazardous Substance Superfund for fiscal 
year— 
(1) 1987, $250,000,000, 
> 
. (2) 1988, $250,000,000, 
• 
(3) 1989, $250,000,000, 
(4) 1990, $250,000,000, and 
(5) 1991, $250,000,000, 
plus for each fiscal year an amount equal to so much of the 
aggregate amount authorized to be appropriated under this subsec-
California. 
Appropriation 
authorization. 
Claims. 
42 use 9601 
note. 
26 use 9507 
note. 
100 STAT. 1774 
PUBLIC LAW 99-499—OCT. 17, 1986 
tion (and paragraph (2) of section 221(b) of the Hazardous Substance 
42 use 9631. 
Response Act of 1980, as in effect before its repeal) as has not been 
appropriated before the beginning of the fiscal year involved. 
(c) CONFORMING AMENDMENTS.— 
42 use 
(1) Subtitle B of the Hazardous Substance Response Revenue 
9631-9633. 
Act of 1980 (relating to establishment of Hazardous Substance 
"'* Response Trust Fund), as amended by section 204 of this Act, is 
hereby repealed. 
42 use 9601. 
(2) Paragraph (11) of section 101 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 
1980 is amended to read as follows: 
"(11) The term 'Fund' or 'Trust Fund' means the Hazardous 
Substance Superfund established by section 9507 of the Internal 
26 use 9507. 
Revenue Code of 1986." 
(d) CLERICAL AMENDMENT.—The table of sections for subchapter A 
of chapter 98 of such Code is amended by adding after the item 
relating to section 9506 the following new item: 
"Sec. 9507. Hazardous Substance Superfund." 
26 use 9507 
(e) EFFECTIVE DATE.— 
note. 
(1) IN GENERAL.—The amendments made by this section shall 
take effect on January 1,1987. 
(2) 
SUPERFUND TREATED AS CONTINUATION OF OLD TRUST 
• FUND.—The Hazardous Substance Superfund established by the 
• 
amendments made by this section shall be treated for all pur-
poses of law as a continuation of the Hazardous Substance 
Response Trust Fund established by section 221 of the Hazard-
42 use 9631. 
ous Substance Response Revenue Act of 1980. Any reference in 
any law to the Hazardous Substance Response Trust Fund 
established by such section 221 shall be deemed to include 
(wherever appropriate) a reference to the Hazardous Substance 
Superfund established by the amendments made by this section. 
PART 
II—LEAKING 
UNDERGROUND 
STORAGE 
TANK 
TRUST 
FUND 
AND 
I
T
S 
REVENUE 
SOURCES 
!' 
SEC. 521. ADDITIONAL TAXES ON GASOLINE, DIESEL FUEL, SPECIAL 
MOTOR FUELS, FUELS USED IN AVIATION, AND FUELS USED IN 
COMMERCIAL TRANSPORTATION ON INLAND WATERWAYS. 
(a) GENERAL RULE.— 
(1) GASOLINE.— 
(A) GASOUNE TAX BEFORE AMENDMENT BY TAX REFORM ACT 
OF 1986.— 
26 use 4081. 
(i) IN GENERAL.—Section 4081 of the Internal Reve-
nue Code of 1986 (relating to imposition of tax on 
gasoline), as in effect on the day before the date of the 
enactment of the Tax Reform Act of 1986, is amended 
by striking out subsections (a) and (b) and inserting in 
lieu thereof the following: 
"(a) IN GENERAL.—There is hereby imposed on gasoline sold by the 
producer or importer thereof, or by any producer of gasoline, a tax 
at the rate specified in subsection (b). 
"(b) RATE OF TAX.— 
"(1) IN GENERAL.—The rate of the tax imposed by this section 
is the sum o
f
— 
"(A) the Highway Trust Fund financing rate, and 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1775 
r 
"(B) the Leaking Underground Storage Tank Trust Fund 
financing rate. 
"(2) RATES.—For purposes of paragraph (1)— 
f? 
"(A) the Highway Trust Fund financing rate is 9 cents a 
gallon, and 
"(B) the Leaking Underground Storage Tank Trust Fund 
u; 
financing 
rate is 0.1 cents a gallon." 
(ii) TERMINATION.—Section 4081 of such Code, as so in 
Ante, p. 1774. 
i 
1 
effect, is amended by adding at the end thereof the 
following new subsection: 
"(d) TERMINATION.— 
"(1) HIGHWAY TRUST FUND FINANCING RATE.—On and after 
October 1, 1988, the Highway Trust Fund financing rate under 
subsection (b)(2)(A) shall not apply. 
"(2) 
LEAKING 
UNDERGROUND STORAGE TANK 
TRUST FUND 
FINANCING R A T E . — 
"(A) IN GENERAL.—The Leaking Underground Storage 
Tank Trust Fund financing rate under subsection (b)(2XB) 
shall not apply after the earlier o
f
— 
"(i) December 31, 1991, or 
"(ii) the last day of the termination month. 
"(B) TERMINATION MONTH.—For purposes of subpara-
graph (A), the termination month is the 1st month as of the 
close of which the Secretary estimates that the net reve-
nues from the taxes imposed by this section (to the extent 
attributable to the Leaking Underground Storage Tank 
Trust Fund financing rate under subsection (b)(2)(B)), sec-
tion 4041(d), and section 4042 (to the extent attributable to 
Post, p. 1776. 
the Leaking Underground Storage Tank Trust Fund financ-
ing rate under section 4042(b)) are at least $500,000,000. Post, p. 1777. 
"(C) NET REVENUES.—For purposes of subparagraph (B), 
the term 'net revenues' means the excess of gross revenues 
over amounts payable by reason of section 9508(c)(2) (relat-
ing to transfer from Leaking Underground Storage Tank 
Trust Fund for certain repayments and credits)." 
(iii) TECHNICAL AMENDMENTS.—Subsection (c) of section 
; 
4081 of such Code, as so in effect, is amended— 
(I) by striking out "subsection (a)" in paragraph 
(1) and inserting in lieu thereof "subsection (b)", 
and 
(II) by striking out "a rate" in paragraph (2) and 
inserting in lieu thereof "a Highway Trust Fund 
financing rate". 
(B) GASOLINE TAX AS AMENDED BY TAX REFORM ACT OF 
1986.— 
(i) IN GENERAL.—Subsections (a) and (b) of section 
4081 of the Internal Revenue Code of 1986 (relating to 
imposition of tax on gasoline), as amended by the Tax 
Reform Act of 1986, are each amended by striking out 
f*v' 
"of 9 cents a gallon" and inserting in lieu thereof "at 
the rate specified in subsection (d)". 
(ii) INCREASE IN TAX.—Section 4081 of such Code, as 
amended by the Tax Reform Act of 1986, is amended by 
striking out subsection (d) and inserting in lieu thereof 
the following new subsections: 
"(d) RATE OF TAX.— 
100 STAT. 1776 
PUBLIC LAW 99-499—OCT. 17, 1986 
hri: 
"(1) I N GENERAL.—The rate of the tax imposed by this section 
is the sum of— 
"(A) the Highway Trust Fund financing rate, and 
"(B) the Leaking Underground Storage Tank Trust Fund 
financing 
rate. 
L
*
' 
"(2) RATES.—For purposes of paragraph (1)— 
"(A) the Highway Trust Fund financing rate is 9 cents a 
: 
- 
a u ; - ^ 
gallon, and 
"(B) the Leaking Underground Storage Tank Trust Fund 
financing 
rate is 0.1 cents a gallon. 
"(e) TERMINATION.— 
"(1) HIGHWAY TRUST FUND FINANCING RATE.—On and after 
- October 1, 1988, the Highway Trust Fund financing rate under 
subsection (d)(2)(A) shall not apply. 
0 
"(2) 
LEAKING 
UNDERGROUND STORAGE 
TANK 
TRUST 
FUND 
FINANCING RATE.— 
^ 
"(A) I N GENERAL.—The Leaking Underground Storage 
i' ' ' 
Tank Trust Fund financing rate under subsection (d)(2)(B) 
shall not apply after the earlier of— 
"(i) December 31, 1991, or 
"(ii) the last day of the termination month. 
"(B) TERMINATION MONTH.—For purposes of 
subpara-
- f '••' 
graph (A), the termination month is the 1st month as of the 
->'• 
close of which the Secretary estimates that the net reve-
• '>• 
nues from the taxes imposed by this section (to the extent 
.?;' • 
attributable to the Leaking Underground Storage Tank 
Trust Fund financing rate under subsection (d)(2)(B)), sec-
Infra; 26 USC 
tion 4041(d), and section 4042 (to the extent attributable to 
4042. 
the Leaking Underground Storage Tank Trust Fund financ-
Post, p. 1777. 
ing rate under section 4042(b)) are at least $500,000,000. 
"(C) N E T REVENUES.—For purposes of subparagraph (B), 
' ' 
• 
the term 'net revenues' means the excess of gross revenues 
over amounts payable by reason of section 9508(c)(2) (relat-
ing to transfer from Leaking Underground Storage Tank 
Trust Fund for certain repayments and credits)." 
(iii) TECHNICAL AMENDMENTS.—Subsection (c) of sec-
tion 4081 of such Code, as amended by the Tax Reform 
Act of 1986, is amended— 
(I) by striking out "subsection (a)" in paragraph 
(1) and inserting in lieu thereof "subsection (d)", 
•
; 
' ! 
and 
•'- 
'•'- -
• 
(II) by striking out "a rate" in paragraph (2) and 
inserting in lieu thereof "a Highway Trust Fund 
^' 
' 
financing 
rate". 
(2) DIESEL AND SPECIAL MOTOR FUELS; FUELS USED IN AVIA-
i > TION.—Section 4041 of such Code (relating to tax on special 
fuels) is amended by redesignating subsection (d) as subsection 
(e) and by inserting after subsection (c) the following new 
subsection: 
"(d) ADDITIONAL TAXES T O F U N D LEAKING UNDERGROUND STORAGE 
TANK TRUST F U N D . — 
"(1) LIQUIDS OTHER THAN GASOLINE, ETC., USED IN MOTOR VE-
V" 
HiCLES, MOTORBOATS, OR TRAINS.—In addition to the taxes im-
j 
posed by subsection (a), there is hereby imposed a tax of 0.1 
cents a gallon on benzol, benzene, naphtha, casing head and 
natural gasoline, or any other liquid (other than kerosene, gas 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1777 
r 
oil, liquefied petroleum gas, or fuel oil, or any product taxable 
under section 4081)— 
26 USC 4081. 
"(A) sold by any person to an owner, lessee, or other 
operator of a motor vehicle, motorboat, or train for use as a 
fuel in such motor vehicle, motorboat, or train, or 
"(B) used by any person as a fuel in a motor vehicle, 
r 
' • 
I 
motorboat, or train unless there was a taxable sale of such 
liquid under subparagraph (A). 
"(2) LIQUIDS USED IN AVIATION.—In addition to the taxes 
imposed by subsection (c) and section 4081, there is hereby 
imposed a tax of 0.1 cents a gallon on any liquid— 
'•^^ 
"(A) sold by any person to an owner, lessee, or other 
operator of an aircraft for use as a fuel in such aircraft, or 
'^' ' 
"(B) used by any person as a fuel in an aircraft unless 
' ^' 
^ 
there was a taxable sale of such liquid under subparagraph 
(A). 
The tax imposed by this paragraph shall not apply to any 
product tsixable under section 4081 which is used as a fuel in an 
aircraft other than in noncommercial aviation. 
j^ 
"(3) TERMINATION.—The taxes imposed by this subsection 
shall not apply during any period during which the Leaking 
* 
Underground Storage Tank Trust Fund financing rate under 
section 4081 does not apply." 
• 
(3) FUEL USED IN COMMERCIAL TRANSPORTATION ON INLAND 
WATERWAYS.—Subsection (b) of section 4042 of such C!ode (relat-
ing to amount of tax on fuel used in commercial transportation 
on inland waterways) is amended to read as follows: 
"(b) AMOUNT OF TAX.— 
"(1) IN GENERAL.—The rate of the tax imposed by subsection 
(a) is the sum of— 
"(A) the Inland Waterways Trust Fund financing rate, 
and 
\) 
"(B) the Leaking Underground Storage Tank Trust Fund 
financing rate. 
"(2) RATES.—For purposes of paragraph (1)— 
"(A) the Inland Waterways Trust Fund financing rate is 
10 cents a gallon, and 
"(B) the Leaking Underground Storage Tank Trust Fund 
financing rate is 0.1 cents a gallon. 
"(3) EXCEPTION FOR FUEL TAXED UNDER SECTION 4041(d).—The 
Leaking Underground Storage Tank Trust Fund financing rate 
under paragraph (2XB) shall not apply to the use of any fuel if 
tax under section 4041(d) was imposed on the sale of such fuel or 
Ante, p. 1776. 
is imposed on such use. 
f
, 
"(4) TERMINATION OF LEAKING UNDERGROUND STORAGE TANK 
TRUST FUND FINANCING RATE.—The Leaking Underground Stor-
age Tank Trust Fund financing rate under paragraph (2XB) 
r 
shall not apply during any period during which the Leaking 
Underground Storage Tank Trust Fund financing rate under 
section 4081 does not apply." 
(b) ADDITIONAL TAXES NOT TRANSFERRED TO HIGHWAY TRUST 
FUND, AIRPORT AND AIRWAY TRUST FUND, AND INLAND WATERWAYS 
fe 
' 
TRUST FUND.— 
(1) HIGHWAY TRUST FUND.— 
(A) IN GENERAL.—Subsection (b) of section 9503 of such 
Code (relating to transfer to Highway Trust Fund of 
100 STAT. 1778 
PUBLIC LAW 99-499—OCT. 17, 1986 
amounts equivalent to certain taxes) is amended by adding 
' 
at the end thereof the following new paragraph: 
"(4) CERTAIN ADDITIONAL TAXES NOT TRANSFERRED TO HIGHWAY 
TRUST FUND.—For purposes of paragraphs (1) and (2), there shall 
Ante, p. 1776. 
not be taken into account the taxes imposed by section 4041(d) 
26 use 4081. 
and so much of the taxes imposed by section 4081 as is attrib-
utable to the Leaking Underground Storage Tank Trust Fund 
financing rate." 
(B) CONFORMING AMENDMENT.—Subparagraph (D) of sec-
tion 9503(c)(4) of such Code (defining motorboat fuel taxes) 
is amended by striking out "section 4081" and inserting in 
lieu thereof "section 4081 (to the extent attributable to the 
Highway Trust Fund financing rate)". 
(2) AIRPORT AND AIRWAY TRUST FUND.—Subsection (b) of sec-
tion 9502 of such Code (relating to transfer to Airport and 
Airway Trust Fund of amounts equivalent to certain taxes) is 
, , amended— 
(A) by striking out "subsections (c) and (d) of section 4041" 
in paragraph (1) and inserting in lieu thereof "subsections 
(c) and (e) of section 4041", and 
(B) by striking out "section 4081" in paragraph (2) and 
inserting in lieu thereof "section 4081 (to the extent attrib-
utable to the Highway Trust Fund financing rate)". 
(3) INLAND WATERWAYS TRUST FUND.—Paragraph (1) of section 
9506(b) of such Code is amended by adding at the end thereof 
the following new sentence: "The preceding sentence shall 
' 
apply only to so much of such taxes as are attributable to the 
Inland Waterways Trust Fund financing rate under section 
4042(b)." 
(c) REPAYMENTS FOR GASOLINE USED ON FARMS, ETC.— 
(1) GASOLINE USED ON FARMS.—Subsection (h) of section 6420 
of such Code (relating to termination) is amended by striking 
out "This section" and inserting in lieu thereof "Except with 
respect to taxes imposed by section 4081 at the Leaking Under-
ground Storage Tank Trust Fund financing rate, this section". 
(2) GASOLINE USED FOR CERTAIN NONHIGHWAY PURPOSES OR BY 
LOCAL TRANSIT SYSTEMS.— 
(A) TERMINATION NOT TO APPLY TO ADDITIONAL o.i CENT 
' 
TAX.—Subsection (h) of section 6421 of such Code (relating 
to effective date), as in effect on the day before the date of 
t:'? 
the enactment of the Tax Reform Act of 1986, is amended 
by striking out "This section" and inserting in lieu thereof 
"Except with respect to taxes imposed by section 4081 at 
I 
' 
the Leaking Underground Storage Tank Trust Fund financ-
ing rate, this section". 
(B) REPAYMENT OF ADDITIONAL TAX FOR OFF-HIGHWAY BUSI-
. .. 
NESS USE TO APPLY ONLY TO CERTAIN VESSELS.—Subsection (e) 
of section 6421 of such Code, as so in effect, is amended by 
adding at the end thereof the following new paragraph: 
"(4) SECTION NOT TO APPLY TO CERTAIN OFF-HIGHWAY BUSINESS 
USES W I T H RESPECT TO T H E TAX I M P O S E D BY SECTION 4081 AT T H E 
LEAKING U N D E R G R O U N D STORAGE TANK TRUST FUND FINANCING 
Fish and fishing. 
RATE.—This section shall not apply with respect to the tax 
imposed by section 4081 at the Leaking Underground Storage 
Tank Trust Fund financing rate on gasoline used in any off-
I: 
highway business use other than use in a vessel employed in the 
fisheries or in the whaling business." 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1779 
(3) FUELS USED FOR NONTAXABLE PURPOSES.— 
(A) Subsection (m) of section 6427 of such Code (relating 
V 
to termination), as in effect on the day before the date of 
the enactment of the Tax Reform Act of 1986, is amended 
by striking out "Subsections" and inserting in Heu thereof 
"Except with respect to taxes imposed by section 4041(d) 
and section 4081 at the Leaking Underground Storage Tank 
. ' 
Trust Fund financing rate, subsections". 
'' . 
(B)(i) Section 6427 of such Code, as so in effect, is amended 
by redesignating subsection (n) as subsection (o) and by 
inserting after subsection (m) the following new subsection: 
"(n) PAYMENTS FOR TAXES IMPOSED BY SECTION 4041(d).—For pur-
poses of subsections (a), (b), and (c), the taxes imposed by section 
4041(d) shall be treated as imposed by section 4041(a)." 
(ii) Subparagraph (A) of section 1703(e)(1) of the Tax 
Reform Act of 1986 is amended— 
^ 
(I) by striking out "and (o)" and inserting in lieu 
/
^ 
thereof "(o), and (p)", and 
(II) by striking out "and (n)" and inserting in lieu 
• 
thereof "(n), and (o)". 
(C) Paragraph (1) of section 6427(f) of such Code (relating 
to gasoline used to produce certain alcohol fuels) is 
amended by striking out "at the rate" and inserting in lieu 
thereof "at the Highway Trust Fund financing rate". 
(d) CONTINUATION OF CERTAIN EXEMPTIONS FROM ADDITIONAL 
TAXES, ETC.— 
(1) Subsection (b) of section 4041 of such Code (relating to 
exemption for off-highway business use; reduction in tax for 
qualified methanol and ethanol fuel) is amended by adding at 
.: 
the end thereof the following new paragraph: 
"(3) COORDINATION WITH TAXES IMPOSED BY SUBSECTION (d).— 
"(A) OFF-HIGHWAY BUSINESS USE.— 
"(i) I N GENERAL.—Except as provided in clause (ii), 
rules similar to the rules of paragraph (1) shall apply 
with respect to the taxes imposed by subsection (d). 
"(ii) LIMITATION ON EXEMPTION FOR OFF-HIGHWAY 
BUSINESS USE.—For purposes of subparagraph (A), para-
graph (1) shall apply only with respect to off-highway 
business use in a vessel employed in the fisheries or in 
the whaling business. 
"(B) QUALIFIED METHANOL AND ETHANOL FUEL.—In the 
case of qualified methanol or ethanol fuel, subsection (d) 
shall be applied by substituting '0.05 cents' for '0.1 cents' in 
j ' 
paragraph (1) thereof." 
(2) Paragraph (3) of section 4041(f) of such Code (relating to 
exemption for farm use) is amended by striking out "On and 
after" and inserting in lieu thereof "Except with respect to the 
taxes imposed by subsection (d), on and after". 
(3) The last sentence of section 4041(g) of such Code (relating 
to other exemptions) is amended by striking out "Paragraphs" 
- 
and inserting in lieu thereof "Except with respect to the taxes 
imposed by subsection (d), paragraphs". 
(4)(A) The last sentence of section 4221(a) of such Code (relat-
ing to certain tax-free sales) is amended by striking out "4081" 
and inserting in lieu thereof "4081 (at the Highway Trust Fund 
financing 
rate)". 
26 use 6427. 
Ante, p. 1776. 
26 use 6427. 
Maritime 
affairs. 
Fish and fishing. 
71-19A 0 
23 : QL. 3 Part2 
100 STAT. 1780 
PUBLIC LAW 99-499—OCT. 17, 1986 
26 use 4221. 
(B) Subparagraph (C) of section 1703(c)(2) of the Tax Reform 
~
* > • •' 
Act of 1986 is amended to read as follows: 
"(C) Subsection (a) of section 4221 (relating to certain tax-
free sales) is amended— 
' - 
"(i) by inserting 'or section 4081 (at the Highway 
' 
^ 
Trust Fund financing rate)'before'section 4121'in the 
"(ii) by striking out '4071, or 4081 (at the Highway 
'••• 
Trust Fund financing rate)' in the last sentence and 
: 
inserting in lieu thereof 'or 4071'." 
(5) Paragraph (2) of section 6416(b) of such Code is amended by 
i inserting "or under paragraph (IXA) or (2)(A) of section 4041(d) 
after "section 4041(a)". 
26 use 4041 
(e) EFFECTIVE DATE.—"The amendments made by this section shall 
note. 
take effect on January 1,1987. 
SEC. 522. LEAKING UNDERGROUND STORAGE TANK TRUST FUND. 
(a) IN GENERAL.—Subchapter A of chapter 98 of the Internal 
Revenue Code of 1986 (relating to establishment of trust funds) is 
amended by adding after section 9507 the following new section: 
26 u s e 9508. 
"SEC. 9508. LEAKING UNDERGROUND STORAGE TANK TRUST FUND. 
"(a) CREATION OF TRUST FUND.—There is established in the Treas-
ury of the United States a trust fund to be known as the 'Leaking 
Underground Storage Tank Trust Fund', consisting of such amounts 
as may be appropriated or credited to such Trust Fund as provided 
in this section or section 9602(b). 
"(b) TRANSFERS TO TRUST FUND.—There are hereby appropriated 
to the Leaking Underground Storage Tank Trust Fund amounts 
equivalent to— 
"(1) taxes received in the Treasury under section 4041(d) 
(relating to additional taxes on motor fuels), 
"(2) taxes received in the Treasury under section 4081 (relat-
ing to tax on gsisoline) to the extent attributable to the Leaking 
Underground Storage Tank Trust Fund financing rate under 
such section, 
'A 
"(3) taxes received in the Treasury under section 4042 (relat-
' 
'; 
~ 
ing to tax on fuel used in commercial transportation on inland 
;; ^,t. 
waterways) to the extent attributable to the Leaking Under-
^ 
" 
' 
^- 
ground Storage Tank Trust Fund financing rate under such 
section, and 
"(4) amounts received in the Treasury and collected under 
Ante, p. 1698. 
section 9003(hX6) of the Solid Waste Disposal Act. 
"(c) EXPENDITURES.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
i-'j amounts in the Leaking Underground Storage Tank Trust Fund 
• i 
shall be available, as provided in appropriation Acts, only for 
* 
purposes of making expenditures to carry out section 9003(h) of 
the Solid Waste Disposal Act as in effect on the date of the 
enactment of the Superfund Amendments and Reauthorization 
Act of 1986. 
B»- 
"(2) TRANSFERS FROM TRUST FUND FOR CERTAIN REPAYMENTS 
AND CREDITS.— 
ji; 
"(A) IN GENERAL.—The Secretary shall pay from time to 
If 
time from the Leaking Underground Storage Tank Trust 
uriif'% Fund into the general fund of the Treasury amounts 
equivalent to— 
PUBLIC LAW 99-499—OCT. 17, 1986 
100 STAT. 1781 
M"'i 
"(i) amounts paid under— 
"(I) section 6420 (relating to amounts paid in 
26USC6420. 
respect of gasoline used on farms), 
"(II) section 6421 (relating to amounts paid in 
p^; 
respect of gasoline used for certain nonhighway 
'''-;^ ;' 
purposes or by local transit systems), and 
" ''•»• • 
"(III) section 6427 (relating to fuels not used for 
taxable purposes), and 
"(ii) credits allowed under section 34, with respect to 
-''• 
the taxes imposed by sections 4041(d) and 4081 (to the 
Ante, p. 1776. 
extent attributable to the Leaking Underground Stor-
age Tank Trust Fund financing rate under section 
4081). 
"(B) TRANSFERS BASED ON ESTIMATES.—Transfers under 
subparagraph (A) shall be made on the basis of estimates by 
the Secretary, and proper adjustments shall be made in 
amounts subsequently transferred to the extent prior esti-
mates were in excess of or less than the amounts required 
to be transferred. 
"(d) LIABILITY OF THE UNITED STATES LIMITED TO AMOUNT IN TRUST Claims. 
FUND.— 
"(1) GENERAL RULE.—Any claim filed against the Leaking 
Underground Storage Tank Trust Fund may be paid only out of 
such Trust Fund. 
"(2) COORDINATION WITH OTHER PROVISIONS.—Nothing in 
the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 or the Superfund Amendments and Re- 
42 USC 9601 
authorization Act of 1986 (or in any amendment made by either 
note, 
of such Acts) shall authorize the payment by the United States 
Government of any amount with respect to any such claim out 
of any source other than the Leaking Underground Storage 
Tank Trust Fund. 
"(3) ORDER IN WHICH UNPAID CLAIMS ARE TO BE PAID.—If at any 
time the Leaking Underground Storage Tank Trust Fund has 
insufficient funds to pay all of the claims out of such Trust Fund 
at such time, such claims shall, to the extent permitted under 
paragraph (1), be paid in full in the order in which they were 
finally determined." 
(b) CLERICAL AMENDMENT.—The table of sections for subchapter A 
of chapter 98 of such Code is amended by adding after the item 
relating to section 9507 the following new item: 
"Sec. 9508. Leaking Underground Storage Tank Trust Fund." 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
26 USC 9508 
take effect on January 1,1987. 
note. 
100 STAT. 1782 
PUBLIC LAW 99-499—OCT. 17, 1986 
PART III—COORDINATION WITH OTHER 
C2 
i 
PROVISIONS OF THIS ACT. 
26 u s e 1 note. 
SEC. 531. COORDINATION. 
Notwithstanding any provision of this Act not contained in this 
title, any provision of this Act (not contained in this title) which— 
(1) imposes any tax, premium, or fee, 
(2) establishes any trust fund, or 
;, 
r:. 
(3) authorizes amounts to be expended from any trust fund, 
shall have no force or effect. 
Approved October 17, 1986. 
'•":': 
V i 
. 
, ^ 3 1 " 
•
•
< 
- 
. . * , 
LEGISLATIVE HISTORY—H.R. 2005 (H.R. 2817) (S. 51): 
HOUSE REPORTS: No. 99-69 (Comm. on Ways and Means); No. 99-253, Pt. 1 (Comm. 
on Energy and Commerce), Pt. 2 (Comm. on Ways and Means), 
Pt. 3 (Comm. on the Judiciary), Pt. 4 (Comm. on Merchant Marine 
bO .". WJ d* 
:!Biie. ;
< : 
- a? and Fisheries), Pt. 5 (Comm. on Public Works and Transporta-
tion), all accompanying H.R. 2817; and No. 99-962 (Comm. of 
SENATE REPORTS: No. 99-11 (Comm. on Environment and Public Works) and No. 
99-73 (Comm. on Finance), both accompanying S. 51. 
CONGRESSIONAL RECORD: 
Vol. 131 (1985): May 14, considered and passed House. 
Sept. 17-20, 24, 26, considered and passed Senate, amended, in 
lieu of S. 51. 
Dec. 5, 6, 10, H.R. 2817 considered and passed House. House 
agreed to Senate amendments to H.R. 2005 with amend-
ments, inserting in lieu the text and title of H.R. 2817. 
Vol. 132 (1986): Oct. 3, Senate agreedto conference report. 
Oct. 8, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): 
Oct. 17, Presidential statement.