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 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1635

and testimony of witnesses and the production of relevant papers, books, and documents and may promulgate rules for discovery procedures. Any person who requested a hearing with respect to a civil penalty under this subsection and who is aggrieved by an order assessing the civil penalty may file a petition for judicial review of such order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued. "(c) JUDICIAL ASSESSMENT.—The President may bring an action in the United States district court for the appropriate district to assess and collect a penalty of not more than $25,000 per day for each day during which the violation (or failure or refusal) continues in the case of any of the following— "(1) A violation of the notice requirements of section 103(a) or (b). "(2) A violation of section 103(d)(2) (relating to destruction of records, etc.). "(3) A violation of the requirements of section 108 (relating to financial responsibility, etc.), the regulations issued under section 108, or with any denial or detention order under section 108. "(4) A violation of an order under section 122(d)(3) (relating to settlement agreements for action under section 104(b)). "(5) Any failure or refusal referred to in section 122(1) (relating to violations of administrative orders, consent decrees, or agreements under section 120). In the case of a second or subsequent violation (or failure or refusal), the amount of such penalty may be not more than $75,000 for each day during which the violation (or failure or refusal) continues. For additional provisions providing for judicial assessment of civil penalties for failure to comply with a request or order under section 104(e) (relating to information gathering and access authorities), see section 104(e). "(d) AWARDS.—The President may pay an award of up to $10,000 to any individual who provides information leading to the arrest and conviction of any person for a violation subject to a criminal penalty under this Act, including any violation of section 103 and any other violation referred to in this section. The President shall, by regulation, prescribe criteria for such an award and may pay any award under this subsection from the Fund, as provided in section 111. "(e) PROCUREMENT PROCEDURES.—Notwithstanding any other provision of law, any executive agency may use competitive procedures or procedures other than competitive procedures to procure the services of experts for use in preparing or prosecuting a civil or criminal action under this Act, whether or not the expert is expected to testify at trial. The executive agency need not provide any written justification for the use of procedures other than competitive procedures when procuring such expert services under this Act and need not furnish for publication in the Commerce Business Daily or otherwise any notice of solicitation or synopsis with respect to such procurement. "(f) SAVINGS CLAUSE.—Action taken by the President pursuant to this section shall not affect or limit the President's authority to enforce any provisions of this Act.".

District of Columbia.

Ante, p. 1632. Ante, p. 1633.

42 USC 9603. Regulations.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/534

 100 STAT. 1636

PUBLIC LAW 99-499—OCT. 17, 1986

SEC. n o. HEALTH-RELATED AUTHORITIES.

42 USC 9604.

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,,

, c.

Section 104(i) of CERCLA is amended as follows: (1) Insert "(1)" after "(i)" and redesignate paragraphs (1), (2), (3), (4), and (5) as subparagraphs (A), (B), (C), (D), and (E). (2) In paragraph (1), strike "and" after "Health Administration," and insert after "Social Security Administration," the following: "the Secretary of Transportation, and appropriate State and local health officials,". (3) Insert after "chromosomal testing" in subparagraph (D) (as redesignated by paragraph (1) of this subsection) the following: "where appropriate". (4) Add the following new paragraphs at the end thereof: "(2)(A) Within 6 months after the enactment of the Superfund Amendments and Reauthorization Act of 1986, the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) and the Administrator of the Environmental Protection Agency (EPA) shall prepare a list, in order of priority, of at least 100 hazardous substances which are most commonly found at facilities on the National Priorities List and which, in their sole discretion, they determine are posing the most significant potential threat to human health due to their known or suspected toxicity to humans and the potential for human exposure to such substances at facilities on the National Priorities List or at facilities to which a response to a release or a threatened release under this section is under consideration. "(B) Within 24 months after the enactment of the Superfund Amendments and Reauthorization Act of 1986, the Administrator of ATSDR and the Administrator of EPA shall revise the list prepared under subparagraph (A). Such revision shall include, in order of priority, the addition of 100 or more such hazardous substances. In each of the 3 consecutive 12-month periods that follow, the Administrator of ATSDR and the Administrator of EPA shall revise, in the same manner as provided in the 2 preceding sentences, such list to include not fewer than 25 additional hazardous substances per revision. The Administrator of ATSDR and the Administrator of EPA shall not less often than once every year thereafter revise such list to include additional hazardous substances in accordance with the criteria in subparagraph (A). "(3) Based on all available information, including information maintained under paragraph (1)(B) and data developed and collected on the health effects of hazardous substances under this paragraph, the Administrator of ATSDR shall prepare toxicological profiles of each of the substances listed pursuant to paragraph (2). The toxicological profiles shall be prepared in accordance with guidelines developed by the Administrator of ATSDR and the Administrator of EPA. Such profiles shall include, but not be limited to each of the following: "(A) An examination, summary, and interpretation of available toxicological information and epidemiologic evaluations on a hazardous substance in order to ascertain the levels of significant human exposure for the substance and the associated acute, subacute, and chronic health effects. "(B) A determination of whether adequate information on the health effects of each substance is available or in the process of development to determine levels of exposure which present a

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


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Page:United States Statutes at Large Volume 100 Part 2.djvu/535

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1637

significant risk to human health of acute, subacute, and chronic health effects. "(C) Where appropriate, an identification of toxicological testing needed to identify the types or levels of exposure that may present significant risk of adverse health effects in humans. Any toxicological profile or revision thereof shall reflect the Administrator of ATSDR's assessment of all relevant toxicological testing which has been peer reviewed. The profiles required to be prepared under this paragraph for those hsizardous substances listed under subparagraph (A) of paragraph (2) shall be completed, at a rate of no fewer than 25 per year, within 4 years after the enactment of the Superfund Amendments and Reauthorization Act of 1986. A profile required on a substance listed pursuant to subparagraph (B) of paragraph (2) shall be completed within 3 years after addition to the list. The profiles prepared under this paragraph shall be of those substances highest on the list of priorities under paragraph (2) for which profiles have not previously been prepared. Profiles required under this paragraph shall be revised and republished as necessary, but no less often than once every 3 years. Such profiles shall be provided to the States and made available to other interested parties. "(4) The Administrator of the ATSDR shall provide consultations State and local upon request on health issues relating to exposure to hazardous or governments. toxic substances, on the basis of available information, to the Administrator of EPA, State officials, and local officials. Such consultations to individuals may be provided by States under cooperative agreements established under this Act. "(5)(A) For each hazardous substance listed pursuant to paragraph Research and (2), the Administrator of ATSDR (in consultation with the Adminis- development. trator of EPA and other agencies and programs of the Public Health Service) shall assess whether adequate information on the health effects of such substance is available. For any such substance for which adequate information is not available (or under development), the Administrator of ATSDR, in cooperation with the Director of the National Toxicology Program, shall assure the initiation of a program of research designed to determine the health effects (and techniques for development of methods to determine such health effects) of such substance. Where feasible, such program shall seek to develop methods to determine the health effects of such substance in combination with other substances with which it is commonly found. Before assuring the initiation of such program, the Administrator of ATSDR shall consider recommendations of the Interagency Testing Committee established under section 4(e) of the Toxic Substances Control Act on the types of research that should be done. 15 USC 2603. Such program shall include, to the extent necessary to supplement existing information, but shall not be limited to— "(i) laboratory and other studies to determine short, intermediate, and long-term health effects; "(ii) laboratory and other studies to determine organ-specific, site-specific, and system-specific acute and chronic toxicity; "(iii) laboratory and other studies to determine the manner in which such substances are metabolized or to otherwise develop an understanding of the biokinetics of such substances; and "(iv) where there is a possibility of obtaining human data, the collection of such information.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/536

 100 STAT. 1638

PUBLIC LAW 99-499—OCT. 17, 1986

"(B) In assessing the need to perform laboratory and other studies, as required by subparagraph (A), the Administrator of ATSDR shall consider— "(i) the availability and quality of existing test data concerning the substance on the suspected health effect in question; "(ii) the extent to which testing already in progress will, in a timely fashion, provide data that will be adequate to support the preparation of toxicological profiles as required by paragraph (3); and "(iii) such other scientific and technical factors as the Administrator of ATSDR may determine are necessary for the effective implementation of this subsection. "(C) In the development and implementation of any research program under this paragraph, the Administrator of ATSDR and the Administrator of EPA shall coordinate such research program implemented under this paragraph with the National Toxicology Program and with programs of toxicological testing established 15 USC 2601 under the Toxic Substances Control Act and the Federal Insecticide, "°TKJr. 10C _„*„ Fungicide and Rodenticide Act. The purpose of such coordination 7 USC 136 note. shall be to avoid duplication of effort and to assure that the hazardous substances listed pursuant to this subsection are tested thoroughly at the earliest practicable date. Where appropriate, consistent with such purpose, a research program under this paragraph may be carried out using such programs of toxicological testing. "(D) It is the sense of the Congress that the costs of research programs under this paragraph be borne by the manufacturers and processors of the hazardous substance in question, as required in programs of toxicological testing under the Toxic Substances ConRegulations, trol Act. Within 1 year after the enactment of the Superfund Amendments and Reauthorization Act of 1986, the Administrator of EPA shall promulgate regulations which provide, where appropriate, for payment of such costs by manufacturers and processors under the Toxic Substances Control Act, and registrants under the Federal Insecticide, Fungicide, and Rodenticide Act, and recovery of such costs from responsible parties under this Act. "(6)(A) The Administrator of ATSDR shall perform a health assessment for each facility on the National Priorities List established under section 105. Such health assessment shall be completed not later than December 10, 1988, for each facility proposed for inclusion on such list prior to the date of the enactment of the Superfund Amendments and Reauthorization Act of 1986 or not later than one year after the date of proposal for inclusion on such list for each facility proposed for inclusion on such list after such date of enactment. "(B) The Administrator of ATSDR may perform health assessments for releases or facilities where individual persons or licensed physicians provide information that individuals have been exposed to a hazardous substance, for which the probable source of such exposure is a release. In addition to other methods (formal or informal) of providing such information, such individual persons or licensed physicians may submit a petition to the Administrator of ATSDR providing such information and requesting a health assessment. If such a petition is submitted and the Administrator of ATSDR does not initiate a health assessment, the Administrator of ATSDR shall provide a written explanation of why a health assessment is not appropriate.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/537

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1639

"(C) In determining the priority in which to conduct health assessments under this subsection, the Administrator of ATSDR, in consultation with the Administrator of EPA, shall give priority to those facilities at which there is documented evidence of the release of hazardous substances, at which the potential risk to human health appears highest, and for which in the judgment of the Administrator of ATSDR existing health assessment data are inadequate to assess the potential risk to human health as provided in subparagraph (F). In determining the priorities for conducting health assessments under this subsection, the Administrator of ATSDR shall consider the National Priorities List schedules and the needs of the Environmental Protection Agency and other Federal agencies pursuant to schedules for remedial investigation and feasibility studies. "(D) Where a health assessment is done at a site on the National Priorities List, the Administrator of ATSDR shall complete such assessment promptly and, to the maximum extent practicable, before the completion of the remedial investigation and feasibility study at the facility concerned. "(E) Any State or political subdivision carrying out a health assessment for a facility shall report the results of the assessment to the Administrator of ATSDR and the Administrator of EPA and shall include recommendations with respect to further activities which need to be carried out under this section. The Administrator of ATSDR shall state such recommendation in any report on the results of any assessment carried out directly by the Administrator of ATSDR for such facility and shall issue periodic reports which include the results of all the assessments carried out under this subsection. "(F) For the purposes of this subsection and section lll(c)(4), the term 'health assessments' shall include preliminary assessments of the potential risk to human health posed by individual sites and facilities, based on such factors as the nature and extent of contamination, the existence of potential pathways of human exposure (including ground or surface water contamination, air emissions, and food chain contamination), the size and potential susceptibility of the community within the likely pathways of exposure, the comparison of expected human exposure levels to the short-term and long-term health effects associated with identified hazardous substances and any available recommended exposure or tolerance limits for such hazardous substances, and the comparison of existing morbidity and mortality data on diseases that may be associated with the observed levels of exposure. The Administrator of ATSDR shall use appropriate data, risk assessments, risk evaluations and studies available from the Administrator of EPA. "(G) The purpose of health assessments under this subsection shall be to assist in determining whether actions under paragraph (11) of this subsection should be taken to reduce human exposure to hazardous substances from a facility and whether additional information on human exposure and associated health risks is needed and should be acquired by conducting epidemiological studies under paragraph (7), establishing a registry under paragraph (8), establishing a health surveillance program under paragraph (9), or through other means. In using the results of health assessments for determining additional actions to be taken under this section, the Administrator of ATSDR may consider additional information on the risks to the potentially affected population from all sources of

Reports. State and local governments.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/538

 100 STAT. 1640

'

PUBLIC LAW 99-499—OCT. 17, 1986

such hazardous substances including known point or nonpoint sources other than those from the facility in question. "(H) At the completion of each health assessment, the Administrator of ATSDR shall provide the Administrator of EPA and each affected State with the results of such assessment, together with any recommendations for further actions under this subsection or otherwise under this Act. In addition, if the health assessment indicates that the release or threatened release concerned may pose a serious threat to human health or the environment, the Administrator of ATSDR shall so notify the Administrator of EPA who shall promptly evaluate such release or threatened release in accordance with the hazard ranking system referred to in section 105(a)(8)(A) to determine whether the site shall be placed on the National Priorities List or, if the site is already on the list, the Administrator of ATSDR may recommend to the Administrator of EPA that the site be accorded a higher priority. "(7)(A) Whenever in the judgment of the Administrator of ATSDR it is appropriate on the basis of the results of a health assessment, the Administrator of ATSDR shall conduct a pilot study of health effects for selected groups of exposed individuals in order to determine the desirability of conducting full scale epidemiological or other health studies of the entire exposed population. "(B) Whenever in the judgment of the Administrator of ATSDR it is appropriate on the basis of the results of such pilot study or other study or health assessment, the Administrator of ATSDR shall conduct such full scale epidemiological or other health studies as may be necessary to determine the health effects on the population exposed to hazardous substances from a release or threatened release. If a significant excess of disease in a population is identified, the letter of transmittal of such study shall include an assessment of other risk factors, other than a release, that may, in the judgment of the peer review group, be associated with such disease, if such risk factors were not taken into account in the design c^r conduct of the study. "(8) In any case in which the results of a health assessment indicate a potential significant risk to human health, the Administrator of ATSDR shall consider whether the establishment of a registry of exposed persons would contribute to accomplishing the purposes of this subsection, taking into account circumstances bearing on the usefulness of such a registry, including the seriousness or unique character of identified diseases or the likelihood of population migration from the affected area. "(9) Where the Administrator of ATSDR has determined that there is a significant increased risk of adverse health effects in humans from exposure to hazardous substances based on the results of a health assessment conducted under paragraph (6), an epidemiologic study conducted under paragraph (7), or an exposure registry that has been established under paragraph (8), and the Administrator of ATSDR has determined that such exposure is the result of a release from a facility, the Administrator of ATSDR shall initiate a health surveillance program for such population. This program shall include but not be limited to— "(A) periodic medical testing where appropriate of population subgroups to screen for diseases for which the population or subgroup is at significant increased risk; and

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Page:United States Statutes at Large Volume 100 Part 2.djvu/539

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1641

"(B) a mechanism to refer for treatment those individuals within such population who are screened positive for such diseases. "(10) Two years after the date of the enactment of the Superfund Amendments and Reauthorization Act of 1986, and every 2 years thereafter, the Administrator of ATSDR shall prepare and submit to the Administrator of EPA and to the Congress a report on the results of the activities of ATSDR regarding— "(A) health assessments and pilot health effects studies conducted; "(B) epidemiologic studies conducted; "(C) hazardous substances which have been listed under paragraph (2), toxicological profiles which have been developed, and toxicologic testing which has been conducted or which is being conducted under this subsection; "(D) registries established under paragraph (8); and ^r.,r "(E) an overall assessment, based on the results of activities conducted by the Administrator of ATSDR, of the linkage between human exposure to individual or combinations of hazardous substances due to releases from facilities covered by this Act or the Solid Waste Disposal Act and any increased incidence or prevalence of adverse health effects in humans. "(11) If a health assessment or other study carried out under this subsection contains a finding that the exposure concerned presents a significant risk to human health, the President shall take such steps as may be necessary to reduce such exposure and eliminate or substantially mitigate the significant risk to human health. Such steps may include the use of any authority under this Act, including, but not limited to— "(A) provision of alternative water supplies, and "(B) permanent or temporary relocation of individuals. In any case in which information is insufficient, in the judgment of the Administrator of ATSDR or the President to determine a significant human exposure level with respect to a hazardous substance, the President may take such steps as may be necessary to reduce the exposure of any person to such hazardous substance to such level as the President deems necessary to protect human health. "(12) In any case which is the subject of a petition, a health assessment or study, or a research program under this subsection, nothing in this subsection shall be construed to delay or otherwise affect or impair the authority of the President, the Administrator of ATSDR, or the Administrator of EPA to exercise any authority vested in the President, the Administrator of ATSDR or the Administrator of EPA under any other provision of law (including, but not limited to, the imminent hazard authority of section 7003 of the Solid Waste Disposal Act) or the response and abatement authorities of this Act. "(13) All studies and results of research conducted under this subsection (other than health assessments) shall be reported or adopted only after appropriate peer review. Such peer review shall be completed, to the maximum extent practicable, within a period of 60 days. In the case of research conducted under the National Toxicology Program, such peer review may be conducted by the Board of Scientific Counselors. In the case of other research, such peer review shall be conducted by panels consisting of no less than three nor more thsui seven members, who shall be disinterested scientific experts selected for such purpose by the Administrator of

Reports.

42 USC 6901 note. President of U.S.

42 USC 6973. Reports. Research and development.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/540

 100 STAT. 1642

42 USC 6939a. President of U.S. Employment and unemployment.

PUBLIC LAW 99-499—OCT. 17, 1986

ATSDR or the Administrator of EPA, as appropriate, on the basis of their reputation for scientific objectivity and the lack of institutional ties with any person involved in the conduct of the study or research under review. Support services for such panels shall be provided by the Agency for Toxic Substances and Disease Registry, or by the Environmental Protection Agency, as appropriate. "(14) In the implementation of this subsection and other healthrelated authorities of this Act, the Administrator of ATSDR shall assemble, develop as necessary, and distribute to the States, and upon request to medical colleges, physicians, and other health professionals, appropriate educational materials (including short courses) on the medical surveillance, screening, and methods of diagnosis and treatment of injury or disease related to exposure to hazardous substances (giving priority to those listed in paragraph (2)), through such means as the Administrator of ATSDR deems appropriate. "(15) The activities of the Administrator of ATSDR described in this subsection and section 111(c)(4) shall be carried out by the Administrator of ATSDR, either directly or through cooperative agreements with States (or political subdivisions thereof) which the Administrator of ATSDR determines are capable of carrying out such activities. Such activities shall include provision of consultations on health information, the conduct of health assessments, including those required under section 3019(b) of the Solid Waste Disposal Act, health studies, registries, and health surveillance. "(16) The President shall provide adequate personnel for ATSDR, which shall not be fewer than 100 employees. For purposes of determining the number of employees under this subsection, an employee employed by ATSDR on a part-time career employment basis shall be counted as a fraction which is determined by dividing 40 hours into the average number of hours of such employee's regularly scheduled workweek. "(17) In accordance with section 120 (relating to Federal facilities), the Administrator of ATSDR shall have the same authorities under this section with respect to facilities owned or operated by a department, agency, or instrumentality of the United States as the Administrator of ATSDR has with respect to any nongovernmental entity. "(18) If the Administrator of ATSDR determines that it is appropriate for purposes of this section to treat a pollutant or contaminant as a hazardous substance, such pollutant or contaminant shall be treated as a hazardous substance for such purpose.".

42 USC 9611.

SEC. 111. USES OF FUND.

Appropriation authorization.

(a) AMOUNT OF FUND.—Section H I of CERCLA is amended by inserting after "(a)" the following: " IN GENERAL.—For the purposes specified in this section there is authorized to be appropriated from the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1986 not more than $8,500,000,000 for the 5-year period beginning on the date of enactment of the Superfund Amendments and Reauthorization Act of 1986, and such sums shall remain available until expended. The preceding sentence constitutes a specific authorization for the funds appropriated under title II of Public Law 99-160 (relating to payment to the Hazardous Substances Trust Fund).". (b) USES OF FUNDS UNDER SECTION 111(a).—Section 111(a) of CERCLA is amended by striking out "; and" at the end of paragraph

99 Stat. 916.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/541

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1643

(3) and inserting a period, by striking out the semicolons at the end of paragraphs (1) and (2) and inserting in lieu thereof a period, by capitalizing the first letter in paragraphs (1) through (4), and by adding at the end thereof the following: "(5) GRANTS FOR TECHNICAL ASSISTANCE.—The cost of grants under section 117(e) (relating to public participation grants for technical assistance).

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"(6) LEAD CONTAMINATED SOIL.—Payment of not to exceed

$15,000,000 for the costs of a pilot program for removal, decontamination, or other action with respect to lead-contaminated soil in one to three different metropolitan areas.". (c) NATURAL RESOURCE DAMAGE CLAIMS.—

42 USC 9611.

(1) LIMITATION.—Section 111(b) of CERCLA is amended by inserting "(1) IN GENERAL.—" after "(b)" and by adding at the end thereof the following new paragraph: "(2) LIMITATION ON PAYMENT OF NATURAL RESOURCE CLAIMS.— "(A) GENERAL REQUIREMENTS.—No natural resource claim

President of U.S.

may be paid from the Fund unless the President determines that the claimant has exhausted all administrative and judicial remedies to recover the amount of such claim from persons who may be liable under section 107. 42 USC 9607. "(B) DEFINITION.—As used in this paragraph, the term 'natural resource claim' means any claim for injury to, or destruction or loss of, natural resources. The term does not include any claim for the costs of natural resource damage assessment.". (2) CONFORMING AMENDMENT.—Section 111(h) of CERCLA is repealed. (d) SUBSECTION (C) AMENDMENTS.— (1) SECTION IIKCM).—Section

111(c)(4) of CERCLA is amended by striking out "the costs of epidemiologic studies" and inserting "Any costs incurred in accordance with subsection (m) of this section (relating to ATSDR) and section 104(i), Ante, p. 1636. including the costs of epidemiologic and laboratory studies, health assessments, preparation of toxicologic profiles". (2) N E W PARAGRAPHS IN SECTION iii(c).—Section 111(c) of CERCLA is amended by striking out "; and" at the end of paragraph (5) and inserting a period, by striking out the semicolons at the end of paragraphs (1) through (4) and inserting in lieu thereof a period, by capitalizing the first letter in paragraphs (1), (2), (3), (5), and (6), and by adding at the end thereof the following: "(7) EVALUATION COSTS UNDER PETITION PROVISIONS OF SECTION

105(d).—Costs incurred by the President in evaluating facilities pursuant to petitions under section 105(d) (relating to petitions for assessment of release). "(8) CONTRACT COSTS UNDER SECTION I04(a)(i).—The costs of contracts or arrangements entered into under section 104(a)(1) to oversee and review the conduct of remedial investigations and feasibility studies undertaken by persons other than the President and' the costs of appropriate Federal and State oversight of remedial activities at National Priorities List sites resulting from consent orders or settlement agreements. "(9) ACQUISITION COSTS UNDER SECTION i04(j).—The costs incurred by the President in acquiring real estate or interests in real estate under section 104(j) (relating to acquisition of property).

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Page:U.S. Department of the Interior Annual Report 1880.djvu/74

72 from deterioration. The board asks for a deficiency appropriation of $37,000.

The detailed statement of the receipts and expenditures of the hospital for the last fiscal year, required by the act of June 4, 1880, is attached to the report of the board.

The number of pupils under instruction during the year was 128. Of these 79 were in the collegiate department, representing twenty-four States and the District of Columbia, and 49 were in the primary department.

The general health of the pupils has been good, and but one death has occurred.

Instruction in articulation has been continued with increasing success.

A diploma and silver medal were received from the Paris Universal Exposition of 1878, in recognition of the remarkable advance made by the collegiate department.

The president of the institution visited Europe during the summer for the purpose of attending an international convention of instructors of the deaf and dumb, held in Milan, Italy, early in September.

The receipts of the institution amounted to $53,522.06, and the expenditures to $52,290.37, of which $29,444.48 were for salaries and wages.

The estimates for next year are for current expenses and repairs $53,500, the same amount as that appropriated for the present year; and $15,242.07 for the completion of the gymnasium, the erection of a barn, cow-houses, etc., and for the improvement and inclosure of the grounds.

Congress at its last session made provision for the care and education of the feeble-minded children belonging to the District of Columbia, the expenses of the same to be defrayed out of the appropriation for the support of the Institution for the Deaf and Dumb. One applicant has been placed in the Pennsylvania Training School for Feeble-minded Children, at Media, near Philadelphia.

Twenty blind children belonging to the District of Columbia have been under instruction the past year in the Maryland Institution for the Blind, at Baltimore, as beneficiaries of the United States.

The whole number of patients in the hospital during the year was 1,119. The number in the hospital June 30, 1879, was 217; the number admitted during the year was 902; 139 died; 752 were discharged, leaving 228 in the hospital at the close of the last fiscal year. About two-thirds of the patients were colored persons.

Of those who were discharged, 585 are reported cured.

A dispensary has been carried on in connection with the hospital,


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Page:United States Statutes at Large Volume 100 Part 2.djvu/542

 100 STAT. 1644

PUBLIC LAW 99-499—OCT. 17, 1986 "(10)

Post, p. 1708.

RESEARCH, DEVELOPMENT, AND DEMONSTRATION COSTS

UNDER SECTION 311.—The cost of Carrying out section 311 (relating to research, development, and demonstration), except that the amounts available for such purposes shall not exceed the amounts specified in subsection (n) of this section. "(11) LOCAL GOVERNMENT REIMBURSEMENT.—Reimbursements

to local governments under section 123, except that during the 5-fiscal-year period beginning October 1, 1986, not more than 0.1 percent of the total amount appropriated from the Fund may be used for such reimbursements. "(12) WORKER TRAINING AND EDUCATION GRANTS.—The costs of iat?Q-i I 4k grants under section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 for training and education of workers to the extent that such costs do not exceed $10,000,000 for each of the fiscal years 1987, 1988, 1989, 1990, and 1991. i^' ».. '-': "(13) AWARDS UNDER SECTION I09.—The costs of any awards granted under section 109(d). "(14) LEAD POISONING STUDY.—The cost of carrying out the study under subsection (f) of section 118 of the Superfund Amendments and Reauthorization Act of 1986 (relating to lead poisoning in children).". 42 USC 9611. (e) LIMITATION ON CERTAIN CLAIMS.—Section 111(e)(2) of CERCLA is amended by adding at the end the following: "No money in the Fund may be used for the payment of any claim under subsection (a)(3) or subsection (b) of this section in any fiscal year for which the President determines that all of the Fund is needed for response to threats to public health from releases or threatened releases of hazardous substances.". (f) FUND USE OUTSIDE FEDERAL PROPERTY BOUNDARIES.—Section

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31 USC 7501 noteReports.

Post, p. 1706.

111(e)(3) of CERCLA is amended by inserting the following before the period: "; except that money in the Fund shall be available for the provision of alternative water supplies (including the reimbursement of costs incurred by a municipality) in any case involving groundwater contamination outside the boundaries of a federally owned facility in which the federally owned facility is not the only potentially responsible party". (g) INSPECTOR GENERAL.—Section lll(k) of CERCLA is amended to read as follows: "(k) INSPECTOR GENERAL.—In each fiscal year, the Inspector General of each department, agency, or instrumentality of the United States which is carrying out any authority of this Act shall conduct an annual audit of all payments, obligations, reimbursements, or other uses of the Fund in the prior fiscal year, to assure that the Fund is being properly administered and that claims are being appropriately and expeditiously considered. The audit shall include an examination of a sample of agreements with States (in accordance with the provisions of the Single Audit Act) carrying out response actions under this title and an examination of remedial investigations and feasibility studies prepared for remedial actions. The Inspector General shall submit to the Congress an annual report regarding the audit report required under this subsection. The report shall contain such recommendations as the Inspector General deems appropriate. Each department, agency, or instrumentality of the United States shall cooperate with its inspector general in carrying out this subsection.". (h) NEW SUBSECTIONS.—Section 111 of CERCLA is amended by adding after subsection (1) the following new subsections:

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Page:United States Statutes at Large Volume 100 Part 2.djvu/543

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1645

"(m) AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.—

There shall be directly available to the Agency for Toxic Substances and Disease Registry to be used for the purpose of carrying out activities described in subsection (c)(4) and section 104(i) not less than $50,000,000 per fiscal year for each of fiscal years 1987 and 1988, not less than $55,000,000 for fiscal year 1989, and not less than $60,000,000 per fiscal year for each of fiscal years 1990 and 1991. Any funds so made available which are not obligated by the end of the fiscal year in which made available shall be returned to the Fund. "(n) LIMITATIONS ON RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM.— "(1) SECTION 3ii(b).—For each of the fiscal years 1987, 1988,

i-

Ante, pp. 1643, 1636.

IT Si-

1989, 1990, and 1991, not more than $20,000,000 of the amounts available in the Fund may be used for the purposes of carrying out the applied research, development, and demonstration program for alternative or innovative technologies and training program authorized under section 311(b) (relating to research, development, and demonstration) other than basic research. Post, p. 1708. Such amounts shall remain available until expended. "(2) SECTION 3ii(a).—From the amounts available in the .;\.: v v i i;s. Fund, not more than the following amounts may be used for the purposes of section 311(a) (relating to hazardous substance research, demonstration, and training activities): "(A) For the fiscal year 1987, $3,000,000. "(B) For the fiscal year 1988, $10,000,000. "(C) For the fiscal year 1989, $20,000,000. "(D) For the fiscal year 1990, $30,000,000. "(E) For the fiscal year 1991, $35,000,000. No more than 10 percent of such amounts shall be used for training under section 311(a) in any fiscal year. "(3) SECTION 311(d).—For each of the fiscal years 1987, 1988, 1989, 1990, and 1991, not more than $5,000,000 of the amounts available in the Fund may be used for the purposes of section 311(d) (relating to university hazardous substance research centers), "(o) NOTIFICATION PROCEDURES FOR LIMITATIONS ON CERTAIN PAY-

President of U.S. State and local governments. Claims.

MENTS.—Not later than 90 days after the enactment of this subsection, the President shall develop and implement procedures to adequately notify, as soon as practicable after a site is included on the National Priorities List, concerned local and State officials and other concerned persons of the limitations, set forth in subsection (a)(2) of this section, on the payment of claims for necessary response costs incurred with respect to such site.". (i) AUTHORIZATION OF APPROPRIATIONS.—Section 111 of CERCLA is Post, p. 1706. amended by adding the following subsection after subsection (o): "(p) GENERAL REVENUE SHARE OF SUPERFUND.—

''

"(1) IN GENERAL.—The following sums are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to the Hazardous Substance Superfund: "(A) For fiscal year 1987, $212,500,000. "(B) For fiscal year 1988, $212,500,000. "(C) For fiscal year 1989, $212,500,000. "(D) For fiscal year 1990, $212,500,000. "(E) For fiscal year 1991, $212,500,000. In addition there is authorized to be appropriated to the Hazardous Substance Superfund for each fiscal year an amount

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Page:United States Statutes at Large Volume 100 Part 2.djvu/544

 100 STAT. 1646

PUBLIC LAW 99-499—OCT. 17, 1986

~ equal to so much of the aggregate amount authorized to be appropriated under this subsection (and paragraph (2) of section 221(b) of the Hazardous Substance Response Revenue Act of 1980) as has not been appropriated before the beginning of the fiscal year involved. "(2) COMPUTATION.—The amounts authorized to be appropriated under paragraph (1) of this subsection in a given fiscal year shall be available only to the extent that such amount exceeds the amount determined by the Secretary under section 9507(b)(2) of the Internal Revenue Code of 1986 for the prior fiscal year.". SEC. 112. CLAIMS PROCEDURE.

42 USC 9631.

26 USC 9507. 42 USC 9612.

(a) CLAIMS AGAINST THE FUND FOR RESPONSE COSTS.—Section

112(a) of CERCLA is amended to read as follows: "(a) CLAIMS AGAINST THE FUND FOR RESPONSE COSTS.—No claim may be asserted against the Fund pursuant to section 111(a) unless such claim is presented in the first instance to the owner, operator, ?^'- i - V or guarantor of the vessel or facility from which a hazardous substance has been released, if known to the claimant, and to any other person known to the claimant who may be liable under section 42 USC 9607. 107. In any case where the claim has not been satisfied within 60 days of presentation in accordance with this subsection, the claimant may present the claim to the Fund for payment. No claim against the Fund may be approved or certified during the pendency of an action by the claimant in court to recover costs which are the subject of the claim.". (b) PROCEDURES.—Section 112(b) is amended by striking "(b)(1)" and inserting "(b)(1) PRESCRIBING FORMS AND PROCEDURES.—" and

President of U.S.

3;

3011: }£."?

President of U.S.

by striking paragraphs (2), (3), and (4) and inserting the following: "(2) PAYMENT OR REQUEST FOR HEARING.—The President may, if satisfied that the information developed during the processing of the claim warrants it, make and pay an award of the claim, except that no claim may be awarded to the extent that a judicial judgment has been made on the costs that are the subject of the claim. If the President declines to pay all or part of the claim, the claimant may, within 30 days after receiving notice of the President's decision, request an administrative hearing. "(3) BURDEN OF PROOF.—In any proceeding under this subsection, the claimant shall bear the burden of proving his claim. "(4) DECISIONS.—All administrative decisions made hereunder shall be in writing, with notification to all appropriate parties, and shall be rendered within 90 days of submission of a claim to an administrative law judge, unless all the parties to the claim agree in writing to an extension or unless the President, in his discretion, extends the time limit for a period not to exceed sixty days. "(5) FINALITY AND APPEAL.—All administrative decisions hereunder shall be final, and any party to the proceeding may appeal a decision within 30 days of notification of the award or decision. Any such appeal shall be made to the Federal district court for the district where the release or threat of release took place. In any such appeal, the decision shall be considered binding and conclusive, and shall not be overturned except for arbitrary or capricious abuse of discretion. "(6) PAYMENT.—Within 20 days after the expiration of the appeal period for any administrative decision concerning an award, or within 20 days after the final judicial determination of any appeal

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Page:United States Statutes at Large Volume 100 Part 2.djvu/545

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1647

taken pursuant to this subsection, the President shall pay any such award from the Fund. The President shall determine the method, terms, and time of payment.". (c) STATUTE OF LIMITATIONS.—Section 112(d) of CERCLA is 42 USC 9612. amended to read as follows: "(d) STATUTE OF LIMITATIONS.— "(1) CLAIMS FOR RECOVERY OF COSTS.—No

claim may be presented under this section for recovery of the costs referred to in section 107(a) after the date 6 years after the date of completion of all response action. "(2) CLAIMS FOR RECOVERY OF DAMAGES.—NO claim may be presented under this section for recovery of the damages referred to in section 107(a) unless the claim is presented within 3 years after the later of the following: "(A) The date of the discovery of the loss and its connection with the release in question. "(B) The date on which final regulations are promulgated -v>" under section 301(c). 42 USC 9651. "(3) MINORS AND INCOMPETENTS.—The time limitations contained herein shall not begin to run— "(A) against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for the minor, or "(B) against an incompetent person until the earlier of the date on which such person's incompetency ends or the p' date on which a legal representative is duly appointed for such incompetent person.". (d) DOUBLE RECOVERY PROHIBITED.—Section 112 of CERCLA is '«• ' amended by adding the following new subsection at the end thereof: "(f) DOUBLE RECOVERY PROHIBITED.—Where the President has paid out of the Fund for any response costs or any costs specified under section 111(c)(1) or (2), no other claim may be paid out of the Fund for the same costs.". SEC. 113. LITIGATION, JURISDICTION, AND VENUE.

42 USC 9613.

(a) NATIONWIDE SERVICE OF PROCESS.—Section 113 of CERCLA is amended by adding the following new subsection at the end thereof: "(e) NATIONWIDE SERVICE OF PROCESS.—In any action by the United States under this Act, process may be served in any district where the defendant is found, resides, transacts business, or has appointed an agent for the service of process.". (b)

CONTRIBUTION; STATUTE OF LIMITATIONS.—Section

113

of

CERCLA is amended by adding the following new subsections after subsection (e): "(f) CONTRIBUTION.—

i n -

"*o i

"(1) CONTRIBUTION.—Any person may seek contribution from any other person who is liable or potentially liable under section 107(a), during or following any civil action under section 106 or under section 107(a). Such claims shall be brought in accordance with this section and the Federal Rules of Civil Procedure, and shall be governed by Federal law. In resolving contribution claims, the court may allocate response costs among liable parties using such equitable factors as the court determines are appropriate. Nothing in this subsection shall diminish the right of any person to bring an action for contribution in the absence of a civil action under section 106 or section 107.

Claims.

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 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1648

S; i.

"(2) SETTLEMENT.—A person who has resolved its Hability to the United States or a State in an administrative or judicially approved settlement shall not be liable for claims for contribution regarding matters addressed in the settlement. Such settlement does not discharge any of the other potentially liable persons unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement.

J si>

State and local

governments.

"(3) PERSONS NOT PARTY TO SETTLEMENT.—(A) If the United

States or a State has obtained less than complete relief from a person who has resolved its liability to the United States or the State in an administrative or judicially approved settlement, the United States or the State may bring an action against any person who has not so resolved its liability. "(B) A person who has resolved its liability to the United States or a State for some or all of a response action or for some or all of the costs of such action in an administrative or judicially approved settlement may seek contribution from any person who is not party to a settlement referred to in paragraph (2). "(C) In any action under this paragraph, the rights of any fi-i person who has resolved its liability to the United States or a s State shall be subordinate to the rights of the United States or the State. Any contribution action brought under this paragraph shall be governed by Federal law. "(g) PERIOD IN WHICH ACTION MAY B E BROUGHT.— "(1) ACTIONS FOR NATURAL RESOURCE DAMAGES.—Except as

42 USC 9601.

.; ! f r

42 USC 9651. Maritime affairs. ' >;s r> '/n f

!c ts: M < 3 fio ni ' 'j &t 1 n^ 1•

provided in paragraphs (3) and (4), no action may be commenced for damages (as defined in section 101(6)) under this Act, unless that action is commenced within 3 years after the later of the following: "(A) The date of the discovery of the loss and its connection with the release in question. "(B) The date on which regulations are promulgated under section 301(c). With respect to any facility listed on the National Priorities List (NPL), any Federal facility identified under section 120 (relating to Federal facilities), or any vessel or facility at which a remedial action under this Act is otherwise scheduled, an action for damages under this Act must be commenced within 3 years after the completion of the remedial action (excluding operation and maintenance activities) in lieu of the dates referred to in subparagraph (A) or (B). In no event may an action for damages under this Act with respect to such a vessel or facility be commenced (i) prior to 60 days after the Federal or State natural resource trustee provides to the President and the potentially responsible party a notice of intent to file suit, or (ii) before selection of the remedial action if the President is diligently proceeding with a remedial investigation and feasibility study under section 104(b) or section 120 (relating to Federal facilities). The limitation in the preceding sentence on commencing an action before giving notice or before selection of the remedial action does not apply to actions filed on or before the enactment of the Superfund Amendments and Reauthorization Act of 1986. "(2) ACTIONS FOR RECOVERY OF COSTS.—An initial action for recovery of the costs referred to in section 107 must be commenced—

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 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1649

"(A) for a removal action, within 3 years after completion of the removal action, except that such cost recovery action must be brought within 6 years after a determination to grant a waiver under section 104(c)(1)(C) for continued response action; and "(B) for a remedial action, within 6 years after initiation of physical on-site construction of the remedial action, except that, if the remedial action is initiated within 3 years after the completion of the removal action, costs aincurred in the removal action may be recovered in the cost recovery action brought under this subparagraph. In any such action described in this subsection, the court shall Courts, U.S. enter a declaratory judgment on liability for response costs or damages that will be binding on any subsequent action or actions to recover further response costs or damages. A subsequent action or actions under section 107 for further response costs at the vessel or facility may be maintained at any time during the response action, but must be commenced no later than 3 years after the date of completion of all response action. Except as otherwise provided in this paragraph, an action may be commenced under section 107 for recovery of costs at any time after such costs have been incurred. "(3) CONTRIBUTION.—No action for contribution for any response costs or damages may be commenced more than 3 years after— .,.^-,,...,^:..^v.._ "(A) the date of judgment in any action under this Act for '^* "^u;; recovery of such costs or damages, or "(B) the date of an administrative order under section 122(g) (relating to de minimis settlements) or 122(h) (relating to cost recovery settlements) or entry of a judicially ' approved settlement with respect to such costs or damages. "(4) SUBROGATION,—No action based on rights subrogated pursuant to this section by reason of payment of a claim may be commenced under this title more than 3 years after the date of payment of such claim. "(5) ACTIONS TO RECOVER INDEMNIFICATION PAYMENTS.—Not-

withstanding any other provision of this subsection, where a payment pursuant to an indemnification agreement with a response action contractor is made under section 119, an action under section 107 for recovery of such indemnification payment from a potentially responsible party may be brought at any time before the expiration of 3 years from the date on which such payment is made. "(6) MINORS AND INCOMPETENTS.—The time limitations contained herein shall not begin to run— "(A) against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for such minor, or JJ "(B) against an incompetent person until the earlier of the date on which such incompetent's incompetency ends or the date on which a legal representative is duly appointed for such incompetent.", (c) PRE-ENFORCEMENT REVIEW.— (1) CONFORMING AMENDMENT,—Section 113(b) of CERCLA is

amended by striking out "subsection" and inserting in lieu thereof "subsections and inserting "and (h)" after "(a).

42 USC 9613.

r

-j' i

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 100 STAT. 1650

PUBLIC LAW 99-499—OCT. 17, 1986

42 USC 9613.

(2) TIMING OF REVIEW; ADMINISTRATIVE RECORD.—Section 113

of CERCLA is amended by adding at the end thereof the following new subsections: "(h) TIMING OF REVIEW.—No Federal court shall have jurisdiction under Federal law other than under section 1332 of title 28 of the United States Code (relating to diversity of citizenship jurisdiction) or under State law which is applicable or relevant and appropriate under section 121 (relating to cleanup standards) to review any challenges to removal or remedial action selected under section 104, or to review any order issued under section 106(a), in any action except one of the following: -.,;.,, "(1) An action under section 107 to recover response costs or damages or for contribution. "(2) An action to enforce an order issued under section 106(a) or to recover a penalty for violation of such order. "(3) An action for reimbursement under section 106(b)(2). "(4) An action under section 310 (relating to citizens suits) alleging that the removal or remedial action taken under section 104 or secured under section 106 was in violation of any requirement of this Act. Such an action may not be brought with regard to a removal where a remedial action is to be undertaken at the site. "(5) An action under section 106 in which the United States has moved to compel a remedial action. "(i) INTERVENTION.—In any action commenced under this Act or 42 USC 9201 under the Solid Waste Disposal Act in a court of the United States, note. any person may intervene as a matter of right when such person claims an interest relating to the subject of the action and is so situated that the disposition of the action may, as a practical matter, impair or impede the person's ability to protect that interest, unless the President or the State shows that the person's interest is adequately represented by existing parties, "(j) JUDICIAL REVIEW.—

•' iv* ^' "' President of U.S.
 * rQeiIS.
 * rQeiIS.

"(1) LIMITATION.—In any judicial action under this Act, judicial review of any issues concerning the adequacy of any response action taken or ordered by the President shall be limited to the administrative record. Otherwise applicable principles of administrative law shall govern whether any supplemental materials may be considered by the court. (2) STANDARD.—In considering objections raised in any judicial action under this Act, the court shall uphold the President's decision in selecting the response action unless the objecting party can demonstrate, on the administrative record, that the decision was arbitrary and capricious or otherwise not in accordance with law. "(3) REMEDY.—If the court finds that the selection of the response action was arbitrary and capricious or otherwise not in accordance with law, the court shall award (A) only the response costs or damages that are not inconsistent with the national contingency plan, and (B) such other relief as is consistent with the National Contingency Plan. "(4) PROCEDURAL ERRORS.—In reviewing alleged procedural errors, the court may disallow costs or damages only if the errors were so serious and related to matters of such central relevance to the action that the action would have been significantly changed had such errors not been made.

"(k) ADMINISTRATIVE R E C O R D AND PARTICIPATION PROCEDURES.—

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Page:United States Statutes at Large Volume 100 Part 2.djvu/549

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1651

"(1) ADMINISTRATIVE RECORD.—The President shall establish Public an administrative record upon which the President shall base information. the selection of a response action. The administrative record shall be available to the public at or near the facility at issue. The President also may place duplicates of the administrative record at any other location. "* "(2) PARTICIPATION PROCEDURES.— "(A) REMOVAL ACTION.—The President

shall promulgate regulations in accordance with chapter 5 of title 5 of the United States Code establishing procedures for the appropriate participation of interested persons in the development of the administrative record on which the President will base the selection of removal actions and on which judicial review of removal actions will be based. . "(B) REMEDIAL ACTION.—The President shall provide for the participation of interested persons, including potentially responsible parties, in the development of the administrative record on which the President will base the f*: > selection of remedial actions and on which judicial review of remedial actions will be based. The procedures developed under this subparagraph shall include, at a minimum, each of the following: "(i) Notice to potentially affected persons and the public, which shall be accompanied by a brief analysis of the plan and alternative plans that were considered. • "(ii) A reasonable opportunity to comment and provide information regarding the plan. "(iii) An opportunity for a public meeting in the Eiffected area, in accordance with section 117(a)(2) (relating to public participation). "(iv) A response to each of the significant comments, criticisms, and new data submitted in written or oral /.Bi presentations. "(v) A statement of the basis and purpose of the selected action. For purposes of this subparagraph, the administrative record shall include all items developed and received under this subparagraph and all items described in the second i sentence of section 117(d). The President shall promulgate regulations in accordance with chapter 5 of title 5 of the United States (Dode to carry out the requirements of this subparagraph. "(C) INTERIM RECORD.—Until such regulations under subparagraphs (A) and (B) are promulgated, the administrative record shall consist of all items developed and received pursuant to current procedures for selection of the response action, including procedures for the participation of interested parties and the public. The development of an administrative record and the selection of response action under this Act shall not include an adjudicatory hearing. "(D)

POTENTIALLY RESPONSIBLE PARTIES.—The President

 * j

shall make reasonable efforts to identify and notify potentially responsible parties as early as possible before selection of a response action. Nothing in this paragraph shall be construed to be a defense to liability. "(1) NOTICE OF ACTIONS.—Whenever any action is brought under this Act in a court of the United States by a plaintiff other than the

71-19A 0 -

19: QL. 3 Part 2

Regulations. 5 USC 500 et seq.

Regulations. 5 USC 500 et seq.

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 100 STAT. 1652

PUBLIC LAW 99-499—OCT. 17, 1986

United States, the plaintiff shall provide a copy of the complaint to the Attorney General of the United States and to the Administrator of the Environmental Protection Agency.".

'*" ''

SEC. 114. RELATIONSHIP TO OTHER LAW.

' \ •'.'•''\.-l,'-:"'"

-

42 USC 9614.

(a) USED OIL.—Section 114(c) of CERCLA is amended to read as follows:

'• >it fj

"(c) RECYCLED O I L. — "(1) SERVICE STATION DEALERS, ETC.—NO person (including the

we'

r.;;

• 42 USC 6935.

42 USC 6903.

42 USC 6921, 6991.

42 USC 9601.

1

United States or any State) may recover, under the authority of subsection (a)(3) or (a)(4) of section 107, from a service station dealer for any response costs or damages resulting from a release or threatened release of recycled oil, or use the authority of section 106 against a service station dealer other than a person described in subsection (a)(1) or (a)(2) of section 107, if such recycled oil— " ^ "(A) is not mixed with any other hazardous substance, and "(B) is stored, treated, transported, or otherwise managed in compliance with regulations or standards promulgated " pursuant to section 3014 of the Solid Waste Disposal Act and other applicable authorities. Nothing in this paragraph shall affect or modify in any way the obligations or liability of any person under any other provision of State or Federal law, including common law, for damages, injury, or loss resulting from a release or threatened release of any hazardous substance or for removal or remedial action or the costs of removal or remedial action. "(2) PRESUMPTION.—Solely for the purposes of this subsection, a service station dealer may presume that a small quantity of used oil is not mixed with other hazardous substances if it— " ' "(A) has been removed from the engine of a light duty motor vehicle or household appliances by the owner of such 3sii iP vehicle or appliances, and "(B) is presented, by such owner, to the dealer for collection, accumulation, and delivery to an oil recycling facility. "(3) DEFINITION.—For purposes of this subsection, the terms 'used oil' and 'recycled oil' have the same meanings as set forth in sections 1004(36) and 1004(37) of the Solid Waste Disposal Act and regulations promulgated pursuant to that Act. "(4) EFFECTIVE DATE.—The effective date of paragraphs (1) and (2) of this subsection shall be the effective date of regulations or standards promulgated under section 3014 of the Solid Waste Disposal Act that include, among other provisions, a requirement to conduct corrective action to respond to any releases of recycled oil under subtitle C or subtitle I of such Act.". (b) DEFINITION OF SERVICE STATION DEALER.—Section 101

of

CERCLA is amended by inserting the following at the end thereof: "(37)(A) The term 'service station dealer' means any person— "(i) who owns or operates a motor vehicle service station, filling station, garage, or similar retail establishment engaged in the business of selling, repairing, or servicing motor vehicles, where a significant percentage of the gross revenue of the establishment is derived from the fueling, repairing, or servicing of motor vehicles, and ' ' "(ii) who accepts for collection, accumulation, and deliv,, ji- ery to an oil recycling facility, recycled oil that (I) has been

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Page:United States Statutes at Large Volume 100 Part 2.djvu/551

 PUBLIC LAW 99-499—OCT. 17, 1986 fe

100 STAT. 1653

removed from the engine of a light duty motor vehicle or household appliances by the owner of such vehicle or appliances, and (II) is presented, by such owner, to such person for collection, accumulation, and delivery to an oil recycling facility. "(B) For purposes of section 114(c), the term 'service station dealer' shall, notwithstanding the provisions of subparagraph (A), include any government agency that establishes a facility solely for the purpose of accepting recycled oil that satisfies the criteria set forth in subclauses (I) and (II) of subparagraph (A)(ii), and, with respect to recycled oil that satisfies the criteria set forth in subclauses (I) and (II), owners or operators of refuse collection services who are compelled by State law to collect, accumulate, and deliver such oil to an oil recycling facility. "(C) The President shall promulgate regulations regarding President of U.S. the determination of what constitutes a significant percentage Regulations, of the gross revenues of an establishment for purposes of this paragraph.".

SEC. 115. DELEGATION; REGULATIONS.

Section 115 of CERCLA is not amended. SEC. 116. SCHEDULES.

Title I of CERCLA is amended by adding the following new section after section 115: "SEC. 116. SCHEDULES.

President of U.S. 42 USC 9616.

"(a) ASSESSMENT AND LISTING OF FACILITIES.—It shall be a goal of this Act that, to the maximum extent practicable— "(1) not later than January 1, 1988, the President shall complete preliminary assessments of all facilities that are contained (as of the date of enactment of the Superfund Amendments and Reauthorization Act of 1986) on the Comprehensive Environmental Response, Compensation, and Liability Information System (CEBCLIS) including in each assessment a statement as to whether a site inspection is necessary and by whom it should be carried out; and "(2) not later than January 1, 1989, the President shall assure the completion of site inspections at all facilities for which the President has stated a site inspection is necessary pursuant to paragraph (1). "(b) EVALUATION.—Within 4 years after enactment of the Superfund Amendments and Reauthorization Act of 1986, each facility listed (as of the date of such enactment) in the CERCLIS shall be evaluated if the President determines that such evaluation is warranted on the basis of a site inspection or preliminary assessment. The evaluation shall be in accordance with the criteria established in section 105 under the National Contingency Plan for determining priorities among release for inclusion on the National Priorities List. In the case of a facility listed in the CERCLIS after the enactment of the Superfund Amendments and Reauthorization Act of 1986, the facility shall be evaluated within 4 years after the date of such listing if the President determines that such evaluation is warranted on the basis of a site inspection or preliminary assessment. "(c) EXPLANATIONS.—If any of the goals established by subsection Public (a) or (b) are not achieved, the President shall publish an expla- information.

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 100 STAT. 1654

PUBLIC LAW 99-499—OCT. 17, 1986

nation of why such action could not be completed by the specified date. "(d) COMMENCEMENT OF R I / F S. — The President shall assure that remedial investigations and feasibility studies (RI/FS) are commenced for facilities listed on the National Priorities List, in addition to those commenced prior to the date of enactment of the Superfund Amendments and Reauthorization Act of 1986, in accordance with the following schedule: "(1) not fewer than 275 by the date 36 months after the date of enactment of the Superfund Amendments and Reauthorization Act of 1986, and "(2) if the requirement of paragraph (1) is not met, not fewer than an additional 175 by the date 4 years after such date of enactment, an additional 200 by the date 5 years after such date of enactment, and a total of 650 by the date 5 years after such date of enactment. "(e) COMMENCEMENT OF REMEDIAL ACTION.—The President shall assure that substantial and continuous physical on-site remedial action commences at facilities on the National Priorities List, in addition to those facilities on which remedial action has commenced prior to the date of enactment of the Superfund Amendments and Reauthorization Act of 1986, at a rate not fewer than: "(1) 175 facilities during the first 36-month period after enactment of this subsection; and "(2) 200 additional facilities during the following 24 months after such 36-month period.". SEC. 117. PUBLIC PARTICIPATION.

Title I of CERCLA is amended by adding the following new section after section 116: President of U.S. "SEC. 117. PUBLIC PARTICIPATION. State and local "(a) PROPOSED PLAN.—Before adoption of any plan for remedial governments. 42 USC 9617. action to be undertaken by the President, by a State, or by any other

Records.

person, under section 104,106, 120, or 122, the President or State, as appropriate, shall take both of the following actions: "(1) Publish a notice and brief analysis of the proposed plan and make such plan available to the public. "(2) Provide a reasonable opportunity for submission of written and oral comments and an opportunity for a public meeting at or near the facility at issue regarding the proposed plan and regarding any proposed findings under section 121(d)(4) (relating to cleanup standards). The President or the State shall keep a transcript of the meeting and make such transcript available to the public. The notice and analysis published under paragraph (1) shall include sufficient information as may be necessary to provide a reasonable explanation of the proposed plan and alternative proposals considered. "(b) FINAL PLAN.—Notice of the final remedial action plan adopted shall be published and the plan shall be made available to the public before commencement of any remedial action. Such final plan shall be accompanied by a discussion of any significant changes (and the reasons for such changes) in the proposed plan and a response to each of the significant comments, criticisms, and new data submitted in written or oral presentations under subsection (a).

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 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1655

"(c) EXPLANATION OF DIFFERENCES.—After adoption of a final remedial action plan— "(1) if any remedial action is taken, "(2) if any enforcement action under section 106 is taken, or "(3) if any settlement or consent decree under section 106 or section 122 is entered into, and if such action, settlement, or decree differs in any significant respects from the final plan, the President or the State shall publish an explanation of the significant differences and the reasons such changes were made. "(d) PUBLICATION.—For the purposes of this section, publication shall include, at a minimum, publication in a major local newspaper of general circulation. In addition, each item developed, received, published, or made available to the public under this section shall be available for public inspection and copying at or near the facility at issue. "(e) GRANTS FOR TECHNICAL ASSISTANCE.—

3 ^.'/

President of U.S.

"(1) AUTHORITY.—Subject to such amounts as are provided in appropriations Acts and in accordance with rules promulgated by the President, the President may make grants available to any group of individuals which may be affected by a release or threatened release at any facility which is listed on the National Priorities List under the National Contingency Plan. Such grants may be used to obtain technical assistance in interpreting information with regard to the nature of the hazard, remedial investigation and feasibility study, record of decision, remedial design, selection and construction of remedial action, operation and maintenance, or removal action at such facility. "(2) AMOUNT.—The amount of any grant under this subsection may not exceed $50,000 for a single grant recipient. The President may waive the $50,000 limitation in any case where such waiver is necessary to carry out the purposes of this subsection. Each grant recipient shall be required, as a condition of the grant, to contribute at least 20 percent of the total of costs of the technical assistance for which such grant is made. The President may waive the 20 percent contribution requirement if the grant recipient demonstrates financial need and such waiver is necessary to facilitate public participation in the selection of remedial action at the facility. Not more than one grant may be made under this subsection with respect to a single facility, but the grant may be renewed to facilitate public participation at all stages of remedial action.".

<

SEC. 118. MISCELLANEOUS PROVISIONS.

(a) PRIORITY FOR DRINKING WATER SUPPLIES.—Title I of CERCLA is amended by adding the following new section after section 117: "SEC. 118. HIGH PRIORITY FOR DRINKING WATER SUPPLIES.

President of U.S. 42 USC 9618.

"For purposes of taking action under section 104 or 106 and listing facilities on the National Priorities List, the President shall give a high priority to facilities where the release of hazardous substances or pollutants or contaminants has resulted in the closing of drinking water wells or has contaminated a principal drinking water supply.". (b) REMOVAL AND TEMPORARY STORAGE OF CONTAINERS OF RADON Grants. CONTAMINATED SOIL.—Not later than 90 days after the enactment of New Jersey.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/554

 100 STAT. 1656

PUBLIC LAW 99-499—OCT. 17, 1986

this Act, the Administrator shall make a grant of $7,500,000 to the State of New Jersey for transportation from residential areas in the State of New Jersey and temporary storage of approximately 14,000 containers of radon contaminated soil which is the subject of a remedial action for which a remedial investigation and feasibility study has been initiated before such date. Such containers shall be transported to and temporarily stored at any site in the State of New Jersey designated by the Governor of such State. For purposes of section 111(a) of CERCLA, the grant under this subsection for transportation and storage of such containers shall be treated as payment of governmental response cost incurred pursuant to section 104 of CERCLA. Waste disposal.

J.nwbii'St*!

Law enforcement and crime. 33 USC 1319. 33 USC 1311.

Reports.

Waste disposal.

42 USC 6925.

(c)

UNCONSOUDATED

QUATERNARY

AQUIFER.—Notwithstanding

any other provision of law, no person may— (1) locate or authorize the location of a landfill, surface impoundment, waste pile, injection well, or land treatment facility over the Unconsolidated Quaternary Aquifer, or the recharge zone or streamflow source zone of such aquifer, in the Rockaway River Basin, New Jersey (as such aquifer and zones are described in the Federal Register, January 24, 1984, pages 2946-2948); or (2) place or authorize the placement of solid waste in a landfill, surface impoundment, waste pile, injection well, or land treatment facility over such aquifer or zone. This subsection may be enforced under sections 309(a) and (b) of the Federal Water Pollution Control Act. For purposes of section 309(c) of such Act, a violation of this subsection shall be considered a violation of section 301 of such Act. (d) STUDY OF SHORTAGES OF SKILLED PERSONNEL.—The Comptroller General shall study the problem of shortages of skilled personnel in the Environmental Protection Agency to carry out response actions under CERCLA. In particular the Comptroller General shall study— (1) the types of skilled personnel needed for response actions for which there are shortages in the Environmental Protection Agency, (2) the extent of such shortages, (3) pay differential between the public and private sectors for the skilled positions involved in response actions, (4) the extent to which skilled personnel of Federal and State governments involved in response actions are leaving their positions for employment in the private sector, (5) the success of programs of the Department of Defense and the Office of Personnel Management in retaining skilled personnel, and (6) the types of training required to improve the skills of employees carrying out response actions. The Comptroller General shall complete the study required by this subsection and submit a report on the results thereof to Congress not later than July 1, 1987. (e) STATE REQUIREMENTS NOT APPLICABLE TO CERTAIN TRANS-

FERS.—NO State or local requirement shall apply to the transfer and disposal of any hazardous substance or pollutant or contaminant from a facility at which a release or threatened release has occurred to a facility for which a final permit under section 3005(a) of the Solid Waste Disposal Act is in effect if the following conditions apply—

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Page:United States Statutes at Large Volume 100 Part 2.djvu/555

 PUBLIC LAW 9 9 - 4 9 9 - O C T. 17, 1986

100 STAT. 1657

(1) Such permit was issued after January 1, 1983, and before November 1, 1984. (2) The transfer and disposal is carried out pursuant to a cooperative agreement between the Administrator and the State. (3) The facihty at which the release or threatened release has occurred is identified as the McCoU Site in Fullerton, California. The terms used in this section shall have the same meaning as when used in title I of CERCLA. if) STUDY OF LEAD POISONING IN CHILDREN.—(1) The Administrator of the Agency for Toxic Substances and Disease Registry shall, in consultation with the Administrator of the Environmental Protection Agency and other officials as appropriate, not later than March 1, 1987, submit to the Congress, a report on the nature and extent of lead poisoning in children from environmental sources. Such report shall include, at a minimum, the following information— (A) an estimate of the total number of children, arrayed according to Standard Metropolitan Statistical Area or other appropriate geographic unit, exposed to environmental sources of lead at concentrations sufficient to cause adverse health effects; (B) an estimate of the total number of children exposed to environmental sources of lead arrayed according to source or source types; (C) a statement of the long term consequences for public health of unabated exposures to environmental sources of lead and including but not limited to, diminution in intelligence, increases in morbidity and mortality; and (D) methods and alternatives available for reducing exposures of children to environmental sources of lead. (2) Such report shall also score and evaluate specific sites at which children are known to be exposed to environmental sources of lead due to releases, utilizing the Hazard Ranking system of the National Priorities List. (3) The costs of preparing and submitting the report required by this section shall be borne by the Hazardous Substance Superfund established under subchapter A of chapter 98 of Internal Revenue Code of 1954. (g) FEDERALLY LICENSED DAM.—For purposes of CERCLA in the case of the Milltown Dam in the State of Montana licensed under part 1 of the Federal Power Act and designated as FERC license number 2543-004, if a hazardous substance, pollutant, or contaminant— (1) has been released into the environment upstream of the dam, and (2) has subsequently come to be located in the reservoir created by such dam notwithstanding section 101(20) of such Act, the term "owner or operator" does not include the owner or operator of the dam unless such owner or operator is a person who would otherwise be liable for such release or threatened release under section 107 of such Act. (h) COMMUNITY RELOCATION AT TIMES BEACH SITE.—For purposes of any Missouri dioxon site at which a temporary or permanent relocation decision has been made, or is under active consideration, by the Administrator as of the enactment of this Act, the terms "remove" and "removal" as used in CERCLA shall be deemed to include the costs of permanent relocation of residents where it is

California. 42 USC 9601. Reports.

26 USC 9501. Montana. 42 USC 9601 note. 16 USC note prec. 791.

Ante, p. 1615.

Missouri. Health and medical care. Safety.

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Page:Amazing Stories Volume 01 Number 01.djvu/49

Rh the accumulation of the same hexagonal prisms with which they had now become so familiar.

Their exertions were happily rewarded. Behind a huge pyramid rock they found a hole in the mountain-side, like the mouth of a great tunnel. Climbing up to this orifice, which was more than sixty feet above the level of the sea, they ascertained that it opened into a long dark gallery. They entered and groped their way cautiously along the sides. A continuous rumbling, that increased as they advanced, made them aware that they must be approaching the central funnel of the volcano; their only fear was lest some insuperable wall of rock should suddenly bar their further progress.

Servadac was some distance ahead.

"Come on!" he cried cheerily, his voice ringing through the darkness, "come on! Our fire is lighted! no stint of fuel! Nature provides that! Let us make haste and warm ourselves!"

Inspired by his confidence, the count and the lieutenant advanced bravely along the unseen and winding path. The temperature was now at least fifteen degrees above zero, and the walls of the gallery were beginning to feel quite warm to the touch, an indication, not to be overlooked, that the substance of which the rock was composed was metallic in its nature, and capable of conducting heat.

"Follow me!" shouted Servadac again; "we shall soon find a regular stove!"

Onwards they made their way, until at last a sharp turn brought them into a sudden flood of light. The tunnel had opened into a vast cavern, and the gloom was exchanged for an illumination that was perfectly dazzling. Although the temperature was high, it was not in any way intolerable.

One glance was sufficient to satisfy the explorers that the grateful light and heat of this huge excavation were to be attributed to a torrent of lava that was rolling downwards to the sea, completely subtending the aperture of the cave. Not inaptly might the scene be compared to the celebrated Grotto of the Winds at the rear of the central fall of Niagara, only with the exception that here, instead of a curtain of rushing water, it was a curtain of roaring flame that hung before the cavern's mouth.

"Heaven be praised!" cried Servadac, with glad emotion; "here is all that we hoped for, and more besides!"

The habitation that had now revealed itself, well lighted and thoroughly warm, was indeed marvelous. Not only would it afford ample accommodation for Hector Servadac and "his subjects," as Ben Zoof delighted to call them, but it would provide shelter for the two horses, and for a considerable number of domestic animals.

This enormous cavern was neither more or less than the common junction of nearly twenty tunnels (similar to that which had been traversed by the explorers), forming ramifications in the solid rock, and the pores, as it were, by which the internal heat exuded from the heart of the mountain. Here, as long as the volcano retained its activity, every living creature on the new asteroid might brave the most rigorous of climates; and as Count Timascheff justly remarked, since it was the only burning mountain they had sighted, it was most probably the sole outlet for Gallia's subterranean fires, and consequently the eruption might continue unchanged for ages to come.

But not a day, not an hour, was to be lost now. The steam-launch returned to Gourbi Island, and preparations were forthwith taken in hand for conveying man and beast, corn and fodder, across to the volcanic headland. Loud and hearty were the acclamations of the little colony, especially of the Spaniards, and great was the relief of Nina, when Servadac announced to them the discovery of their future domicile; and with requickened energies they labored hard at packing, anxious to reach their genial winter quarters without delay.

For three successive days the Dobryna, laden to her very gunwale, made a transit to and fro. Ben Zoof was left upon the island to superintend the stowage of the freight, whilst Servadac found abundant occupation in overlooking its disposal within the recesses of the mountain. First of all, the large store of corn and fodder, the produce of the recent harvest, was landed and deposited in one of the vaults, then, on the 15th, about fifty head of live cattle—bullocks, cows, sheep, and pigs—were conveyed to their rocky stalls. These were saved for the sake of preserving the several breeds, the bulk of the island cattle being slaughtered, as the extreme severity of the climate insured all meat remaining fresh for almost an indefinite period. The winter which they were expecting would probably be of unprecedented length; it was quite likely that it would exceed the six months' duration by which many arctic explorers have been tried; but the population of Gallia had no anxiety in the matter of provisions—their stock was far more than adequate; while as for drink, as long as they were satisfied with pure water, a frozen sea would afford them an inexhaustible reservoir.

The need for haste in forwarding their preparations became more and more manifest; the sea threatened to be unnavigable very soon, as ice was already forming which the noonday sun was unable to melt. And if haste were necessary, so also were care, ingenuity, and forethought. It was indispensable that the space at their command should be properly utilized, and yet that the several portions of the store should all be readily accessible.

On further investigation an unexpected number of galleries was discovered, so that, in fact, the interior of the mountain was like a vast bee-hive perforated with innumerable cells; and in compliment to the little Italian it was unanimously voted by the colony that their new home should be called "Nina's Hive."

The first care of Captain Servadac was to ascertain how he could make the best possible use of the heat which nature had provided for them so opportunely and with so lavish a hand. By opening fresh vents in the solid rock (which by the action of the heat was here capable of fissure) the stream of burning lava was diverted into several new channels, where it could be available for daily use; and thus Mocbal, the Dobryna's cook, was furnished with an admirable kitchen, provided with a permanent stove, where he was duly installed with all his culinary apparatus.

"What a saving of expense it would be,"


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/556

 100 STAT. 1658

PUBLIC LAW 99-499—OCT. 17, 1986

determined that such permanent relocation is cost effective or may be necessary to protect health or welfare. In the case of a business located in an area of evacuation or relocation at such facility, such terms may also include the payment of those installments of principal and interest on business debt which accrue between the date of jji ijor evacuation or temporary relocation and 30 days following the date that permanent relocation is actually accomplished or, if permanent relocation is formally rejected as the appropriate response, the date '• on which evacuation or temporary relocation ceases. In the case of an individual unemployed as a result of such evacuation or relocation, such terms may also include the provision of assistance identical to that authorized by sections 407, 408, and 409 of the Disaster 42 USC Relief Act of 1974; except that the costs of such assistance shall be 5177-5179. paid from the Trust Fund established under amendments made to 26 USC 1 etseq. the Internal Revenue Code of 1954 by this Act. Section 104(c)(l) of CERCLA shall not apply to obligations from the Fund for permanent relocation under this paragraph. Waste disposal.

(i) LIMITED W A IV E R S IN S T A T E OF ILLINOIS.— (1) MOBILE INCINERATORS.—In the case

42 USC 6921. aa.

('.J .-',,^g

«'' s ti

42 USC 9601 note. n«<Y note. '

•fMf.

IIV

of remedial actions specifically involving mobile incinerator units in the State of Illinois, if such remedial actions are undertaken by the State under the authority of a State Superfund law or equivalent authority, the State may, with the approval of the Administrator, waive any permit requirement under subtitle C of the Solid Waste Disposal Act which would be otherwise applicable to such action to the extent that the following conditions are met: (A) No TRANSFER.—The incinerator does not involve the f i transfer of a hazardous substance or pollutant or contamiA nant from the facility at which the release or threatened release occurs to an offsite facility. (B) REMEDIAL ACTION.—The remedial action provides each of the following: (i) Changes in the character or composition of the hazardous substance or pollutant or contaminant concerned so that it no longer presents a risk to public health, (ii) Protection against accidental emissions during operation. (iii) Protection of public health considering the multimedia impacts of the treatment process. (C) PUBLIC PARTICIPATION.—The State provides procedures for public participation regarding the response action io: which are at least equivalent to the level of public participation procedures applicable under CERCLA and under the Solid Waste Disposal Act. (2) EFFECT OF W A IV E R. — The waiver of any permit requirement under this subsection shall not be construed to waive any standard or level of control which— (A) is applicable to any hazardous substance or pollutant or contaminant involved in the remedial action; and (B) would otherwise be contained in the permit. Such waiver of any permit requirement under subtitle C of the Solid Waste Disposal Act shall only apply to the extent that the facility or remedial action involves the onsite treatment with a mobile incineration unit of waste present at such site. The waiver shall not apply to any other regulated or potentially

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Page:United States Statutes at Large Volume 100 Part 2.djvu/557

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1659

regulated activity, including the use of the mobile incineration unit for actions not authorized by the State. (3) EXPIRATION OF AUTHORITY.—The authority of this subsection shall terminate at the end of 3 years, unless the State demonstrates, to the satisfaction of the Administrator, that the operation of mobile incinerators in the State has sufficiently protected public health and the environment and is consistent with the criteria required for a permit under subtitle C of the Solid Waste Disposal Act.

42 USC 6921.

(j) STUDY OF JOINT USE OF TRUCKS.—

(1) STUDY.—The Administrator, in consultation with the Secretary of Transportation, shall conduct a study of problems associated with the use of any vehicle for purposes other than the transportation of hazardous substances when that vehicle is used at other times for the transportation of hazardous substances. At a minimum, the Administrator shall consider— ^^— (A) whether such joint use of vehicles should be prohibited, and (B) whether, if such joint use is permitted, special safeguards should be taken to minimize threats to public health and the environment. (2) REPORT.—The Administrator shall submit a report, along with recommendations, to Congress on the results of the study conducted under paragraph (1) not later than 180 days after the date of the enactment of this Act. (k) RADON ASSESSMENT AND MITIGATION.— (1) NATIONAL ASSESSMENT OF RADON GAS.—No

 * •<* iii

Reports.

later than one Reports. year after the enactment of this Act, the Administrator shall 42 USC 7401 submit to the Congress a report which shall, to the extent note. possible— (A) identify the locations in the United States where radon is found in structures where people normally live or work, including educational institutions; (B) assess the levels of radon gas that are present in such structures; (C) determine the level of radon gas and radon daughters which poses a threat to human health and assess for each location identified under subparagraph (A) the extent of the threat to human health; (D) determine methods of reducing or eliminating the threat to human health of radon gas and radon daughters; and (E) include guidance and public information materials based on the findings or research of mitigating radon. (2) RADON MITIGATION DEMONSTRATION PROGRAM.— (A) DEMONSTRATION PROGRAM.—The Administrator

'

shall conduct a demonstration program to test methods and technologies of reducing or eliminating radon gas and radon daughters where it poses a threat to human health. The Administrator shall take into consideration any demonstration program underway in the Reading Prong of Pennsylvania, New Jersey, and New York and at other sites prior to enactment. The demonstration program under this section shall be conducted in the Reading Prong, and at such other sites as the Administrator considers appropriate. (B) ANNUAL REPORTS.—The Administrator shall submit annual reports not later than February 1 of each year

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Page:United States Statutes at Large Volume 100 Part 2.djvu/558

 100 STAT. 1660

PUBLIC LAW 99-499—OCT. 17, 1986

loiifii f (beginning February 1, 1987) on the status of the demonstration program carried out under this subsection and ,;,i on any such demonstration program initiated prior to enactment. (C) LiABiliTY.—Liability, if any, for persons undertaking activities pursuant to the radon mitigation demonstration program authorized under this subsection shall be deter-,.. mined under principles of existing law. (3) CONSTRUCTION OF SECTION.—Nothing in this subsection shall be construed to authorize the Administrator to carry out any regulatory program or any activity other than research, development, and related reporting, information dissemination, and coordination activities specified in this subsection. Nothing in paragraph (1) or (2) shall be construed to limit the authority of the Administrator or of any other agency or instrumentality of the United States under any other authority of law. 49 USC 9660 note.

(1) GULF COAST HAZARDOUS SUBSTANCE RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTER.— (1) ESTABLISHMENT OF HAZARDOUS SUBSTANCE RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTER.—The Adminis-

,r£

• T Contracts. Grants. Schools and colleges. Texas.

>v c f?3, -

Texas. Louisiana. Mississippi. Alabama. Florida.

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 * i£

trator shall establish a hazardous substance research, development, and demonstration center (hereinafter in this subsection referred to as the "Center") for the purpose of conducting research to aid in more effective hazardous substance response and waste management throughout the Gulf Coast. (2) PURPOSES OF THE CENTER.—The Center shall carry out a program of research, evaluation, testing, development, and demonstration of alternative or innovative technologies which may be utilized in response actions or in normal handling of hazardous wastes to achieve better protection of human health and the environment. (3) OPERATION OF CENTER.—(A) For purposes of operating the Center, the Administrator is authorized to enter into contracts and cooperative agreements with, and make grants to, a university related institute involved with the improvement of waste management. Such institute shall be located in Jefferson County, Texas. (B) The Center shall be authorized to make grants, accept contributions, and enter into agreements with universities located in the States of Texas, Louisiana, Mississippi, Alabama, and Florida in order to carry out the purposes of the Center. (4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Administrator for purposes of carrying out this subsection for fiscal years beginning after September 30, 1986, not more than $5,000,000.

(m) RADON PROTECTION AT CURRENT NATIONAL PRIORITIES LIST

Ante, p. 1625.

42 USC 7401 note.

SITES.—It is the sense of the Congress that the President, in selecting response action for facilities included on the National Priorities List published under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 because of the presence of radon, is not required by statute or regulations to use fully demonstrated methods, particularly those involving the offsite transport and disposition of contaminated material, but may use innovative or alternative methods which protect human health and the environment in a more cost-effective manner. ';,^;. i.?,.. (n) SPILL CONTROL TECHNOLOGY.—

,.

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