text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/587

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1689

"SEC. 124. METHANE RECOVERY.

Waste disposal. 42 USC 9624.

"(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. 42 USC 9607. "(3) The owner or operator of such equipment shall not be subject to any action under section 106 with respect to such 42 USC 9606. 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 circumstances exist: "(1) The release or threatened release was primarily caused by activities of the owner or operator of the equipment described 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 damages primarily caused by the activities of such owner or operator.", (b) REGULATION UNDER THE SOUD WASTE DISPOSAL ACT.—Unless

42 USC 6921 note. 42 USC 6921.

the Administrator of the Environmental Protection Agency promulgates 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 meaning 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 identified under section 3001 of subtitle C of the Solid Waste Disposal Act, 42 USC 6921. 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 substantial volumes of waste described in section 3001(b)(3)(A)(i) 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

President of U.S. 42 USC 9625.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/588

 100 STAT. 1690 - <

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42 USC 6921.

PUBLIC LAW 99-499—OCT. 17, 1986

assures appropriate consideration of each of the following sitespecific 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 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 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 USC 655 note. (a) PROMULGATION.—Within One year after the date of the enactment of this section, the Secretary of Labor shall, pursuant to 29 USC 655. section 6 of the Occupational Safety and Health Act of 1970, promulgate 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 permitted 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

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controls concerning the use of equipment and exposure of workf?;: ers engaged in hazardous waste operations. (6) MAXIMUM EXPOSURE LIMITS.—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 wastes.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:U.S. Department of the Interior Annual Report 1880.djvu/77

Rh proper supply of water there are millions of acres which can be cultivated with a certainty of liberal profits.

The governor suggests that some provisions of the existing timber laws of the United States are embarrassing to the people and a great hinderance to the improvement of the Territory, and that while the interests of the future demand that the forests on the public domain should be protected, something should be done in the interests of those engaged in opening up the new portions of the country. He suggests that the laws relating to timber and timber lands be so modified as—

1st. To insure to settlers, wherever their numbers are sufficient to warrant the survey, the opportunity to purchase timber lands in small tracts and at fair prices, graded and classified within fixed maxima and minima according to relative value.

2d. To allow, in districts where surveys have not been made and lands cannot be purchased, the cutting of necessary timber, at moderate rates for stumpage and under proper regulations, for other than the personal use of those cutting it, that is, for the purchase and use within the Territory of any resident thereof, or of any person or corporation non-resident, yet engaged in making improvements therein.

3d. To prohibit, under any circumstances or conditions, the cutting or removing or the causing to be cut or removed from the public lands of this region, any green timber, of whatever size, where sound, dead timber, falling or standing, and suitable for the purpose, can be had.

4th. To grant the freest possible use of any fallen timber wherever found.

5th. To afford yet greater security against forest fires by enactment of more stringent laws, with severe penalties against carelessness in the kindling of fires and against the neglect to extinguish fires already kindled which have served their lawful purpose. The governor remarks that while much destruction of timber on the public lands has resulted from the cupidity and reckless waste of persons using and speculating on the products of our forests, all these depredations combined have been as nothing compared with the waste by fires.

The governor remarks that the surveys of the public lands lag behind the public demand, and expresses the hope that Congress will remove a source of embarrassment to the people by making more liberal provisions for their survey. He also urges that the existing laws of the United States relative to the disposal of the public lands are not suited to the requirements of the territory, for the reason that they do not provide against a monopoly of the water-courses by the few who locate upon the borders of the streams. The necessity for irrigating the soil to make it productive seems to require that some system for disposing of the public lands should be devised by which the water of the streams can be made available to those who may desire to cultivate lands by irrigation. Under the present system the whole Territory will, in time,


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/589

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1691

(9) N E W TECHNOLOGY PROGRAM.—A program for the introduc-

tion of new equipment or technologies that will maintain worker protections. (10) DECONTAMINATION PROCEDURES.—Procedures for decontamination. ,

(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.— (1) OFFSITE INSTRUCTION; FIELD

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EXPERIENCE.—Standards

promulgated under subsection (a) shall include training standards 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, experienced supervisor, a t the time of assignment. The requirements of the preceding sentence shall not apply to any general site worker who has receive^ the equivalent of such training. Workers 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 onsite managers and supervisors directly responsible for the hazardous waste operations (such as foremen) receive the same training as general site workers set forth in paragraph (1) of this subsection and at least eight additional hours of specialized training on managing hazardous waste operations. The requirements of the preceding sentence shall not apply to any person who has received the equivalent of such training.

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(3) CERTIFICATION; ENFORCEMENT.—Such training standards

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shall contain provisions for certifying 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 operations covered by the standard. (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 emergency response workers than the protections contained in the Environmental Protection Agency Manual (1981) "Health and Safety Requirements for Employees Engaged in Field Activities"

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Page:United States Statutes at Large Volume 100 Part 2.djvu/590

 100 STAT. 1692

PUBLIC LAW 99-499—OCT. 17, 1986

and existing standards under the Occupational Safety and Health 29 USC 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 effective under subsection (c). Waste disposal.

Safety.

29 USC 667. 42 USC 9660a.

Waste disposal.

42 USC 9601.

42 USC 9607.

42 USC 9608.

President of U.S.

(f) COVERAGE OF CERTAIN S T A T E AND LoCAL EMPLOYEES.—Not l a t e r

than 90 days after the promulgation of final regulations under subsection (a), the Administrator shall promulgate standards identical to those promulgated by the Secretary of Labor under subsection (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 Occupational Safety and Health Act of 1970 providing for standards for the hesilth and safety protection of employees engaged in hazardous waste operations. (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 response may be made under this subsection. (2) ADMINISTRATION.—Grants under this subsection shall be administered by the National Institute of Environmental Health Sciences. (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. (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.". (b) LiABiuTY.—Section 107 of CERCLA is amended as follows: (1) Subsection (a)(3) 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 (c)(l) is amended by inserting ", other than an incineration vessel," after "vessel". (4) Subparagraph (B) of subsection (c)(1) is amended by inserting "other than an incineration vessel," after "other vessel,". (5) Subparagraph (D) of subsection (c)(1) is amended by inserting "any incineration vessel or" before "any facility". (c) FINANCIAL RESPONSIBILITY.—Section 108(a) of CERCLA is amended as follows: (1) Paragraph (1) is amended by inserting "to cover the liability prescribed under paragraph (1) of section 107(a) of this Act" after "whichever is greater)"; (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

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Page:United States Statutes at Large Volume 100 Part 2.djvu/591

 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 USC 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 USC 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 CONGRESS, AND SUSPENSION OF LIABILITY TRANSFERS.

Subsection (k) of section 107 of CERCLA is amended by adding at the end the following new paragraphs:

42 USC 9607.

"(5) SUSPENSION OF LIABILITY 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 USC 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 Congress 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, storage, and disposal sites after their closure which complements 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 following: "(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. "(ii) M e m b e r s of the public will h a v e reasonable confidence that hazardous wastes will b e m a n a g e d and C disposed of safely and that resources will b e available to address any problems that may arise and to cover costs of long-term monitoring, care, and maintenance .,.. ^,.«>... of such sites.

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/592

 100 STAT. 1694

>F'; ci:

42 USC 6925.

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, operate, and close such facilities in a manner which assures 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 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 liabliity for damages to .! • > - third parties; and "(iii) the availabliity 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 General shall consult with the Administrator, the Secretary of (Commerce, the Secretary of the Treasury, and the heads of other appropriate ' Federal agencies. "(E) CONSIDERATION OF OPTIONS.—In conducting the study

•' 42 USC 6901 note.

" '

-

'^-

42 USC 6921, 6991.

42 USC 9641. ^'

under this paragraph, the Comptroller General shall consider various mechanisms and combinations of mechanisms to complement the policies set forth in the Hazardous and Solid Waste Amendments of 1984 to serve the purposes set 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 considered include, but are not limited to ^ "(i) revisions to closure, post-closure, and financial responsibility requirements under subtitles C and I of 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 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;

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Page:United States Statutes at Large Volume 100 Part 2.djvu/593

 PUBLIC LAW 99-499—OCT. 17, 1986

4

100 STAT. 1695

"(vii) coinsurance, reinsurance, or pooled-risk insurance, whether provided by the private sector or provided 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. "(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 Reauthorization Act of 1986" and (2) by inserting "and regulated" before "as a hazardous material". (b) CONFORMING AMENDMENT.—Section 3O60i)) of CERCLA is amended by inserting "and regulation" after "prior to the effective date of the listing". SEC. 203. STATE PROCEDURAL REFORM.

42 USC 9656.

..

(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 TO HAZARDOUS SUBSTANCES.

^' 42 USC 9658.

"(a) STATE STATUTES OF LIMITATIONS FOR HAZARDOUS SUBSTANCE CASES.— "(1) EXCEPTION TO STATE STATUTES.—In the case of any action

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 required commencement date in lieu of the date specified in such State statute. «; "(2) STATE LAW GENERALLY APPLICABLE.—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 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 LIMITATIONS PERIOD.—The term 'applicable - limitations period' means the period specified in a statute of
 * , brought under State law for personal injury, or property dam/ r
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Page:United States Statutes at Large Volume 100 Part 2.djvu/594

 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 (a)(1) were caused or contributed to -,.,. by the hazardous substance or pollutant or contaminant concerned. "(B) SPECIAL RULES.—In the case of a minor or incompetent plaintiff, the term 'federally required commencement 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 USC 9658 (b) EFFECTIVE DATE.—The amendment made by subsection (a) of "otethis section shall take effect with respect to actions brought after December 11, 1980. 42 USC 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 Response Trust Fund" and inserting in lieu thereof "Hazardous Substances 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-

26 USC 9501. Ante, p. 1642.

ous Substances Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1954 shall be available for expenditure only as provided in section 111 of this Act.". SEC. 205. CLEANUP OF PETROLEUM FROM LEAKING UNDERGROUND STORAGE TANKS.

42 USC 6991.

42 USC 6991a.

i>:5«j;vij i

(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).". 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 inventories of all underground storage tanks in such State containing 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

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/595

 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.—

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(1) REQUIREMENTS.—Section 9003(c) of the Solid Waste Dis- 42 USC 699ib. posal Act is amended by striking "and" at the end of paragraph (4), striking the period at the end of paragraph (5) and substituting "; 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 operating 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(d)(l) 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: "(5)(A) 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 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 quantities 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, and handling capacity 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 responsibility in amounts greater than the amount established by this paragraph. "(v) Such other factors as the Administrator deems pertinent.

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text:
Page:Travels to Discover the Source of the Nile - In the Years 1768, 1769, 1770, 1771, 1772, and 1773 volume 2.djvu/531

 party were slack in preparations. Kasmati Honorius, governor of Damot, a veteran officer and old servant of Yasous, collected a large body of troops and marched them down the west side of the lake. Yasous having there joined them, and putting himself at the head of his army, began his march, rounding the lake on its south side towards Dingleber.

did Tecla Haimanout delay a moment after hearing his father was in motion, but marched with his army from Gondar, attended with all the ensigns of royalty. He encamped at Bartcho, in that very field where Za Denghel was defeated and slain by his rebellious subjects. Thinking this a post ominous to kings, he resolved to wait for his father there, and give him battle.

king, in his march through the low country of Dembea, was attacked by a putrid fever, very common in those parts, which so increased upon him that he was obliged to be carried back to Tchekla Wunze. This accident discouraged his whole party. His army, with Honorius, took the road to Gojam, but did not disperse, awaiting the recovery of the king. 'But the queen, Malacotawit, no sooner heard that Yasous her husband was sick at Tchekla Wunze, than she sent to her son Tecla Haimanout to leave his unwholesome station, and march back immediately to Gondar; and, as soon as he was returned, she dispatched her two brothers, Dermin and Paulus, with a body of soldiers and two Mahometan musqueteers, who, entering the island Tchekla Wunze by surprise, shot and disabled the king while fitting on a couch;


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/596

 100 STAT. 1698

42 USC 6991c.

42 USC 6991b. State and local governments.

PUBLIC LAW 99-499—OCT. 17, 1986

"(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 pursuI,; ant to section 9004(c)(l) of this Act to be submitted as evidence of financial responsibility. V A suspension by the Administrator pursuant to this paragraph 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-
 * shall extend for a period not to exceed 180 days. A determination to suspend may be made with respect to the same class or

tions under subsection (c), the Administrator (or a State pursuant 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 paragraph 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 subparagraph (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 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-
 * ?• regulations under subsection (c), all actions or orders of the

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/597

 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 carrying out such corrective action properly. "(B) A situation exists which requires prompt action by the Administrator (or the State) under this paragraph to protect human health and the environment. "(C) Corrective action costs at a facility exceed the amount of coverage required by the Administrator pursuant to the provisions of subsections (c) and (d)(5) of this section and, considering the class or category of underground 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 42 USC 6991e. 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 undertaking corrective actions under this subsection, and in issuing orders requiring owners or operators to undertake such actions, to releases of petroleum from underground storage tanks which pose the greatest threat to human health and the environment. "(4) CoRRECTiVE ACTION ORDERS.—The Administrator is authorized to issue orders to the owner or operator of an underground storage tank to carry out subparagraph (A) of paragraph (1) or to cany out r^^ations issued under subsection (c)(4). 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 42 USC 6991c. 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 paragraph (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), relating to cost recovery.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/598

 100 STAT. 1700

PUBLIC LAW 99-499—OCT. 17, 1986 "(6) RECOVERY OF COSTS.—

33 USC 1321.

"(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 underground 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 Administrator (or a State pursuant to paragraph (7) of this subsection) 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 (d)(5). "(C) EFFECT ON LIABILITY.—

"(i) No TRANSFERS OF LIABILITY.—No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator 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 BAR TO 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) FACILITY.—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 petroleum which are owned or operated by such owner or operator and located on a single parcel of property (or on any contiguous or adjacent property). "(7) STATE AUTHORITIES.—

Contracts.

"(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.

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/599

 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 Administrator may take corrective action at a facility where immediate action is necessary to respond to an imminent and substantial endangerment to human health or the environment 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 participating 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 assessment 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 contamination), 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 assessment shall not delay corrective action to abate immediate hazards or reduce exposure.

'

"(11) FACILITIES 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 (d)(5)(A) of this section (or a lesser amount if such amount is applicable to such facility as a result of subsection (d)(5)(B) 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. 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 (6)(A) of this subsection and without consideration of the factors in paragraph (6)(B) of this

42 USC 699le.

'*

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Page:United States Statutes at Large Volume 100 Part 2.djvu/600

 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 USC 6991c.

Ante, p. 1697. 42 USC 6991d.

(e) FINANCIAL R E S P O N S I B I U T Y IN S T A T E 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 sentence 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 sentence the following: "including the amount of coverage required for various classes and categories of underground storage tanks pursuant to section 9003(d)(5)". (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 subsection (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: STATE AUTHORITY 42 USC 6991g.

42 USC 6991b note.

"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 subtitle or to impose any additional liability with respect to the release of regulated substances within such State or political subdivision.", (h) POLLUTION LIABILITY 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 petroleum storage and distribution facilities. The study shall assess

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/601

 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 operators 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 the experience of owners and operators of marine vessels in getting insurance for their liabilities under the Federal Water Pollution Control Act and the operation of the Water Quality Insurance Syndicate. (2) REPORT.—The Comptroller General shall report the findings 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 Solid Waste Disposal Act is amended as follows: (1) In paragraphs (4) and (5) of section 3008(d) after "hazardous 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 transported, disposes of, or otherwise handles any used oil not identified or listed as a hazardous waste under subtitle C of the Solid Waste Disposal Act— "(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 hazardous 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 Waste Disposal Act is amended by adding the following new subsection 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 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.".

Maritime affairs. 33 USC 1251 note.

42 USC 6928.

42 USC 6921.

42 USC 6926.

42 USC 6935.

SEC. 206. CITIZENS SUITS.

Title III of CERCLA is amended by adding the following new section after section 309:

t

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Page:United States Statutes at Large Volume 100 Part 2.djvu/602

 100 STAT. 1704 42 USC 9659.

Ante, p. 1650.

PUBLIC LAW 99-499—OCT. 17, 1986

"SEC. 310. CITIZENS SUITS.

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"(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, condition, 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. —

...

•••:^.'- - -

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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. District of "(2) ACTIONS UNDER SUBSECTION (a)(2).—Any action brought Columbia. 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 Courts, U.S. Law brought under subsection (a)(1) to enforce the standard, regulation, enforcement and condition, requirement, or order concerned (including any provision crime. 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 APPLICABLE 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 President of U.S. Regulations. the President shall prescribe by regulation. "(2) DIUGENT PROSECUTION.—No action may be commenced under paragraph (1) of subsection (a) if the President has commenced and is diligently prosecuting an action under this Act, or under the Solid Waste Disposal Act to require compliance 42 USC 6901 note. with the standard, regulation, condition, requirement, or order concerned (including any provision of an agreement under section 120).

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Page:United States Statutes at Large Volume 100 Part 2.djvu/603

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1705

"(e) RULES APPLICABLE TO SUBSECTION (a)(2) 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 subsection shall be given in such manner as the President shall prescribe 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. "(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 under State law). "(i) DEFINITIONS.—The terms used in this section shall have the same meanings as when used in title I.".

President of U.S. Regulations,

18 USC app.

Ante, p. 1650. 42 USC 9601.

SEC. 207. INDIAN TRIBES.

(a) DEFINITION.—For definition of Indian tribe, see the amendments made by section 101 of this Act. (b) FUTURE MAINTENANCE AND COST SHARING.—Section 104(c)(3) of 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 assurances 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: (1) In subsection (a) by inserting "or an Indian tribe" after .. "State"; (2) In subsection (f): 1, (A) Insert after "State" the third time that word appears the following: "and to 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 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

42 USC 9604.

42 USC 9607. ' -q *-^*^

• ^^- -^

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Page:Democracy and Education.djvu/150

Rh social service, complete development of personality, encyclopedic knowledge, discipline, æsthetic contemplation, utility, etc., have served. The following discussion takes up three statements of recent influence; certain others have been incidentally discussed in the previous chapters, and others will be considered later in a discussion of knowledge and of the values of studies. We begin with a consideration that education is a process of development in accordance with nature, taking Rousseau's statement, which opposed natural to social (See ante, p. ); and then pass over to the antithetical conception of social efficiency, which often opposes social to natural.

(1) Educational reformers disgusted with the conventionality and artificiality of the scholastic methods they find about them are prone to resort to nature as a standard. Nature is supposed to furnish the law and the end of development; ours it is to follow and conform to her ways. The positive value of this conception lies in the forcible way in which it calls attention to the wrongness of aims which do not have regard to the natural endowment of those educated. Its weakness is the ease with which natural in the sense of normal is confused with the physical. The constructive use of intelligence in foresight, and contriving, is then discounted; we are just to get out of the way and allow nature to do the work. Since no one has stated in the doctrine both its truth and falsity better than Rousseau, we shall turn to him.

"Education," he says, "we receive from three sources—Nature, men, and things. The spontaneous development of our organs and capacities constitutes the education of Nature. The use to which we are taught to put this development constitutes that education given us by Men. The acquirement of personal experience from surrounding objects constitutes that of things. Only when these three kinds of education are consonant and make for the same end, does a man tend towards his true goal.… If we are asked what is this end,

title: Page:Democracy and Education.djvu/150


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/604

 100 STAT. 1706

., 42 USC 9611.

PUBLIC LAW 99-499—OCT. 17, 1986 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, 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,". (e) TREATMENT OF TRIBES GENERALLY.—Title I of CERCLA is amended by adding the following new section after section 125: 42 USC 9626.

42 USC 9603. 42 USC 9604. Ante, p. 1636; 42 u s e 9605.

President of U.S. Health and medical care.

Real property.

President of U.S. Reports.

"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 notification of releases), section 104(c)(2) (regarding consultation on remedial actions), section 104(e) (regarding access to information), section 104(i) (regarding health authorities) and section 105 (regarding 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.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/605

 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 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 subsection at the end thereof: "(g) INSURABILITY STUDY.— "(1) STUDY BY COMPTROLLER GENERAL.—The Comptroller Gen-

•• »•

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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 liability of each of the following: (A) Persons who generate hazardous substances: liability for costs and damages under this Act. "(B) Persons who own or operate facilities: liability for 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 following: "(A) Representatives of the Administrator. "(B) Representatives of persons described in subparagraphs (A) through (C) of the preceding paragraph. "(C) Representatives (i) of groups or organizations comprised 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 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 standards of liability, proof, evidence, and damages on existing statutory and common law remedies. "(D) The effect of the standard of liability and extent of 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

Claims.

Post, p. 1726. ^2 USC 9651. s

. y. r, ^ ' J,,

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Page:United States Statutes at Large Volume 100 Part 2.djvu/606

 100 STAT. 1708

PUBLIC LAW 99-499—OCT. 17, 1986

u'

er

Reports.

42 USC 9660 note.

Schools and colleges. Education.

42 USC 9660.

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 sample of claims closed during the calendar year immediately preceding the enactment of this subsection. "(G) Impediments to the acquisition of insurance or other means of obtaining liability coverage other than those referred 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 demonstrating alternative and innovative treatment technologies, as well as waste generation minimization. "(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. (a) PURPOSE.—The purposes of this section are as follows: (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. ,~^ (2) To establish a basic university research and education '' program within the Department of Health and Human Services 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 51 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 internal 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 supplements or coordinates with, but does not compete with or duplicate, 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: "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) consistt ^ ing of the following:

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Page:United States Statutes at Large Volume 100 Part 2.djvu/607

 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, assessment, 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 hazardous 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, geochemistry, and related fields necessary to meet professional personnel needs in the public and private sectors and to effectuate the purposes of this Act.

^ ^ X

"(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 agreement, 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 hazardous 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 Institute 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 contract shall be awarded for training described in each of clauses •.^.. (i), (ii), and (iii) of paragraph (1)(B). Where applicable, the Director 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.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/608

 100 STAT. 1710

Science and technology.

PUBLIC LAW 99-499—OCT. 17, 1986

"(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 'Advisory 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 paragraph (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 '\ the plan and priorities and assist appropriate coordination among the relevant Federal agencies referred to in subparagraph (A) of paragraph (5). "(b) ALTERNATIVE OR INNOVATIVE TREATMENT TECHNOLOGY RESEARCH AND DEMONSTRATION PROGRAM.—
 * '^ accordance with the provisions of this Act. The Advisory Council shall be provided an opportunity to review and comment on
 * '^ accordance with the provisions of this Act. The Advisory Council shall be provided an opportunity to review and comment on

Health and medical care.

26 USC 501.

42 USC 9604.

"(1) ESTABLISHMENT.—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 demonstration 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(c)(3) 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 Administrator may arrange for the use of sites at which a response may - be undertaken under section 104 for the purposes of carrying out research, testing, evaluation, development, and demonstra-

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text: Index:A Collection of Several Philosophical Writings of Dr. Henry More.djvu


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Page:United States Statutes at Large Volume 100 Part 2.djvu/609

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1711

tion projects. Each such project shall be carried out under such terms and conditions as the Administrator shall require to 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.

Health and medical care.

"(5) DEMONSTRATION ASSISTANCE.— "(A) PROGRAM COMPONENTS.—The

demonstration assistance program shall include the following: "(i) The publication of a solicitation and the evaluation 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 innovative 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 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 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 Administrator to assess the technology's potential and the types of remedial action to which it may be applicable. "(C) APPLICATIONS.—Any person and any public or private nonprofit entity may submit an application to the Administrator in response to the solicitation. The application 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 criteria 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

42 USC 9604.

,g

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Page:United States Statutes at Large Volume 100 Part 2.djvu/610

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1712 42 USC 9604.

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 preferences 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 If! 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

Contracts.

Contracts.

"

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 Administrator shall enter into a written agreement with each applicant granting the Administrator the responsibility and authority for testing procedures, quality control, monitoring, 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 agreement 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 demonstration 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,

42 USC 9604. Reports.

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 determines that 10 field demonstration projects under this subsection

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Page:United States Statutes at Large Volume 100 Part 2.djvu/611

 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 demonstrating such technologies, taking into account the physical, 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 program 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 U n i t ^ 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 showing 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 Congress 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.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/612

 100 STAT. 1714

Grants. Contracts. Health and medical care.

PUBLIC LAW 99-499—OCT. 17, 1986

"(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 environment. The Administrator shall coordinate such research with the Secretary of Health and Human Services, acting through the advisory council established under this section, in order to avoid duplication of effort.

Grants.

(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 subsection, 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

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i ?

each hazardous substence research center established under this subsection shall include, but not be limited to, the conduct of research and training relating to the manufacture, use, transportation, disposal, and management of hazardous substances and publication and dissemination of the results of such research. "(3) APPLICATIONS.—Any institution of higher learning interested in receiving a grant under this subsection shall submit to the Administrator an application in such form and containing such information as the Administrator may require by regulation. (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 State which is representative 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.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/613

 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 ability 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 as 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 establishing 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 demonstrated technologies in achieving permanent and significant reductions in risk from hazardous wastes, the costs of such demonstration projects, and the potential applicability of, and projected costs for, such technologies at other hazardous substance sites.

71-19A 0 - 89 - 21: QL. 3 Part 2

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Page:United States Statutes at Large Volume 100 Part 2.djvu/614

 100 STAT. 1716 42 USC 6901 'lote-

PUBLIC LAW 99-499—OCT. 17, 1986

"(f) SAVING PROVISION.—Nothing in this section shall be construed to affect the provisions of the Solid Waste Disposal Act. "(g) SMALL BUSINESS PARTICIPATION.—The Administrator shall ensure, to the maximum extent practicable, an adequate opportunity 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 USC 9671.

..,fjor. > i! > . ' '^ = -- '

42 USC 9672.

"SEC. 401. DEFINITIONS.

"As used in this title— "(1) INSURANCE.—The term 'insurance' means primary insurer:, 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 LIABILITY.—The term 'pollution liability' means liability for injuries arising from the release of hazardous 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); "(C) which is chartered or licensed as an insurance company 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 Commonwealth of the Northern Marianas, and any other territory or, possession over which the United States has jurisdiction. "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 liability 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 insurance under this title shall be limited to coverage of pollution liability risks and this title does not authorize a risk retention group or purchasing group to provide coverage of any other line of insurance.

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