SUBCHAPTER II--HAZARDOUS SUBSTANCE RESPONSE REVENUE
Part A--Hazardous Substance Response Trust Fund
Secs. 9631 to 9633. Repealed. Pub. L. 99-499, title V,
Sec. 517(c)(1), Oct. 17, 1986, 100 Stat. 1774
Section 9631, Pub. L. 96-510, title II, Sec. 221, Dec. 11, 1980, 94
Stat. 2801; Pub. L. 99-499, title II, Sec. 204, Oct. 17, 1986, 100 Stat.
1696, provided for establishment of a Hazardous Substances Superfund, so
redesignated by section 204 of Pub. L. 99-499. See section 9507 of Title
26, Internal Revenue Code.
Section 9632, Pub. L. 96-510, title II, Sec. 222, Dec. 11, 1980, 94
Stat. 2802, limited liability of United States to amount in Trust Fund.
Section 9633, Pub. L. 96-510, title II, Sec. 223, Dec. 11, 1980, 94
Stat. 2802, contained administrative provisions.
Effective Date of Repeal
Repeal by Pub. L. 99-499 effective Jan. 1, 1987, see section 517(e)
of Pub. L. 99-499, set out as an Effective Date note under section 9507
of Title 26, Internal Revenue Code.
Part B--Post-closure Liability Trust Fund
Sec. 9641. Repealed. Pub. L. 99-499, title V, Sec. 514(b), Oct.
17, 1986, 100 Stat. 1767
Section, Pub. L. 96-510, title II, Sec. 232, Dec. 11, 1980, 94 Stat.
2804, provided for establishment of the Post-closure Liability Trust
Fund in the Treasury of the United States.
Effective Date of Repeal
Section 514(c) of Pub. L. 99-499 provided that:
``(1) In general.--The amendments made by this section [repealing
this section and sections 4681 and 4682 of Title 26, Internal Revenue
Code] shall take effect on October 1, 1983.
``(2) Waiver of statute of limitations.--If on the date of the
enactment of this Act [Oct. 17, 1986] (or at any time within 1 year
after such date of enactment) refund or credit of any overpayment of tax
resulting from the application of this section is barred by any law or
rule of law, refund or credit of such overpayment shall, nevertheless,
be made or allowed if claim therefor is filed before the date 1 year
after the date of the enactment of this Act.
SUBCHAPTER III--MISCELLANEOUS PROVISIONS
Sec. 9651. Reports and studies
(a) Implementation experiences; identification and disposal of waste
(1) The President shall submit to the Congress, within four years
after December 11, 1980, a comprehensive report on experience with the
implementation of this chapter including, but not limited to--
(A) the extent to which the chapter and Fund are effective in
enabling Government to respond to and mitigate the effects of
releases of hazardous substances;
(B) a summary of past receipts and disbursements from the Fund;
(C) a projection of any future funding needs remaining after the
expiration of authority to collect taxes, and of the threat to
public health, welfare, and the environment posed by the projected
releases which create any such needs;
(D) the record and experience of the Fund in recovering Fund
disbursements from liable parties;
(E) the record of State participation in the system of response,
liability, and compensation established by this chapter;
(F) the impact of the taxes imposed by subchapter II \1\ of this
chapter on the Nations balance of trade with other countries;
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(G) an assessment of the feasibility and desirability of a
schedule of taxes which would take into account one or more of the
following: the likelihood of a release of a hazardous substance, the
degree of hazard and risk of harm to public health, welfare, and the
environment resulting from any such release, incentives to proper
handling, recycling, incineration, and neutralization of hazardous
wastes, and disincentives to improper or illegal handling or
disposal of hazardous materials, administrative and reporting
burdens on Government and industry, and the extent to which the tax
burden falls on the substances and parties which create the problems
addressed by this chapter. In preparing the report, the President
shall consult with appropriate Federal, State, and local agencies,
affected industries and claimants, and such other interested parties
as he may find useful. Based upon the analyses and consultation
required by this subsection, the President shall also include in the
report any recommendations for legislative changes he may deem
necessary for the better effectuation of the purposes of this
chapter, including but not limited to recommendations concerning
authorization levels, taxes, State participation, liability and
liability limits, and financial responsibility provisions for the
Response Trust Fund and the Post-closure Liability Trust Fund;
(H) an exemption from or an increase in the substances or the
amount of taxes imposed by section 4661 of title 26 for copper,
lead, and zinc oxide, and for feedstocks when used in the
manufacture and production of fertilizers, based upon the
expenditure experience of the Response Trust Fund;
(I) the economic impact of taxing coal-derived substances and
recycled metals.
(2) The Administrator of the Environmental Protection Agency (in
consultation with the Secretary of the Treasury) shall submit to the
Congress (i) within four years after December 11, 1980, a report
identifying additional wastes designated by rule as hazardous after the
effective date of this chapter and pursuant to section 3001 of the Solid
Waste Disposal Act [42 U.S.C. 6921] and recommendations on appropriate
tax rates for such wastes for the Post-closure Liability Trust Fund. The
report shall, in addition, recommend a tax rate, considering the
quantity and potential danger to human health and the environment posed
by the disposal of any wastes which the Administrator, pursuant to
subsection 3001(b)(2)(B) and subsection 3001(b)(3)(A) of the Solid Waste
Disposal Act of 1980 [42 U.S.C. 6921(b)(2)(B) and 6921(b)(3)(A)], has
determined should be subject to regulation under subtitle C of such Act
[42 U.S.C. 6921 et seq.], (ii) within three years after December 11,
1980, a report on the necessity for and the adequacy of the revenue
raised, in relation to estimated future requirements, of the Post-
closure Liability Trust Fund.
(b) Private insurance protection
The President shall conduct a study to determine (1) whether
adequate private insurance protection is available on reasonable terms
and conditions to the owners and operators of vessels and facilities
subject to liability under section 9607 of this title, and (2) whether
the market for such insurance is sufficiently competitive to assure
purchasers of features such as a reasonable range of deductibles,
coinsurance provisions, and exclusions. The President shall submit the
results of his study, together with his recommendations, within two
years of December 11, 1980, and shall submit an interim report on his
study within one year of December 11, 1980.
(c) Regulations respecting assessment of damages to natural resources
(1) The President, acting through Federal officials designated by
the National Contingency Plan published under section 9605 of this
title, shall study and, not later than two years after December 11,
1980, shall promulgate regulations for the assessment of damages for
injury to, destruction of, or loss of natural resources resulting from a
release of oil or a hazardous substance for the purposes of this chapter
and section 1321(f)(4) and (5) of title 33. Notwithstanding the failure
of the President to promulgate the regulations required under this
subsection on the required date, the President shall promulgate such
regulations not later than 6 months after October 17, 1986.
(2) Such regulations shall specify (A) standard procedures for
simplified assessments requiring minimal field observation, including
establishing measures of damages based on units of discharge or release
or units of affected area, and (B) alternative protocols for conducting
assessments in individual cases to determine the type and extent of
short- and long-term injury, destruction, or loss. Such regulations
shall identify the best available procedures to determine such damages,
including both direct and indirect injury, destruction, or loss and
shall take into consideration factors including, but not limited to,
replacement value, use value, and ability of the ecosystem or resource
to recover.
(3) Such regulations shall be reviewed and revised as appropriate
every two years.
(d) Issues, alternatives, and policy considerations involving selection
of locations for waste treatment, storage, and disposal
facilities
The Administrator of the Environmental Protection Agency shall, in
consultation with other Federal agencies and appropriate representatives
of State and local governments and nongovernmental agencies, conduct a
study and report to the Congress within two years of December 11, 1980,
on the issues, alternatives, and policy considerations involved in the
selection of locations for hazardous waste treatment, storage, and
disposal facilities. This study shall include--
(A) an assessment of current and projected treatment, storage,
and disposal capacity needs and shortfalls for hazardous waste by
management category on a State-by-State basis;
(B) an evaluation of the appropriateness of a regional approach
to siting and designing hazardous waste management facilities and
the identification of hazardous waste management regions, interstate
or intrastate, or both, with similar hazardous waste management
needs;
(C) solicitation and analysis of proposals for the construction
and operation of hazardous waste management facilities by
nongovernmental entities, except that no proposal solicited under
terms of this subsection shall be analyzed if it involves cost to
the United States Government or fails to comply with the
requirements of subtitle C of the Solid Waste Disposal Act [42
U.S.C. 6921 et seq.] and other applicable provisions of law;
(D) recommendations on the appropriate balance between public
and private sector involvement in the siting, design, and operation
of new hazardous waste management facilities;
(E) documentation of the major reasons for public opposition to
new hazardous waste management facilities; and
(F) an evaluation of the various options for overcoming
obstacles to siting new facilities, including needed legislation for
implementing the most suitable option or options.
(e) Adequacy of existing common law and statutory remedies
(1) In order to determine the adequacy of existing common law and
statutory remedies in providing legal redress for harm to man and the
environment caused by the release of hazardous substances into the
environment, there shall be submitted to the Congress a study within
twelve months of December 11, 1980.
(2) This study shall be conducted with the assistance of the
American Bar Association, the American Law Institute, the Association of
American Trial Lawyers, and the National Association of State Attorneys
General with the President of each entity selecting three members from
each organization to conduct the study. The study chairman and one
reporter shall be elected from among the twelve members of the study
group.
(3) As part of their review of the adequacy of existing common law
and statutory remedies, the study group shall evaluate the following:
(A) the nature, adequacy, and availability of existing remedies
under present law in compensating for harm to man from the release
of hazardous substances;
(B) the nature of barriers to recovery (particularly with
respect to burdens of going forward and of proof and relevancy) and
the role such barriers play in the legal system;
(C) the scope of the evidentiary burdens placed on the plaintiff
in proving harm from the release of hazardous substances,
particularly in light of the scientific uncertainty over causation
with respect to--
(i) carcinogens, mutagens, and teratogens, and
(ii) the human health effects of exposure to low doses of
hazardous substances over long periods of time;
(D) the nature and adequacy of existing remedies under present
law in providing compensation for damages to natural resources from
the release of hazardous substances;
(E) the scope of liability under existing law and the
consequences, particularly with respect to obtaining insurance, of
any changes in such liability;
(F) barriers to recovery posed by existing statutes of
limitations.
(4) The report shall be submitted to the Congress with appropriate
recommendations. Such recommendations shall explicitly address--
(A) the need for revisions in existing statutory or common law,
and
(B) whether such revisions should take the form of Federal
statutes or the development of a model code which is recommended for
adoption by the States.
(5) The Fund shall pay administrative expenses incurred for the
study. No expenses shall be available to pay compensation, except
expenses on a per diem basis for the one reporter, but in no case shall
the total expenses of the study exceed $300,000.
(f) Modification of national contingency plan
The President, acting through the Administrator of the Environmental
Protection Agency, the Secretary of Transportation, the Administrator of
the Occupational Safety and Health Administration, and the Director of
the National Institute for Occupational Safety and Health shall study
and, not later than two years after December 11, 1980, shall modify the
national contingency plan to provide for the protection of the health
and safety of employees involved in response actions.
(g) Insurability study
(1) Study by Comptroller General
The Comptroller General of the United States, in consultation
with the persons described in paragraph (2), shall undertake a study
to determine the insurability, and effects on the standard of care,
of the liability of each of the following:
(A) Persons who generate hazardous substances: liability for
costs and damages under this chapter.
(B) Persons who own or operate facilities: liability for
costs and damages under this chapter.
(C) Persons liable for injury to persons or property caused
by the release of hazardous substances into the environment.
(2) Consultation
In conducting the study under this subsection, the Comptroller
General shall consult with the following:
(A) Representatives of the Administrator.
(B) Representatives of persons described in subparagraphs
(A) through (C) of the preceding paragraph.
(C) Representatives (i) of groups or organizations comprised
generally of persons adversely affected by releases or
threatened releases of hazardous substances and (ii) of groups
organized for protecting the interests of consumers.
(D) Representatives of property and casualty insurers.
(E) Representatives of reinsurers.
(F) Persons responsible for the regulation of insurance at
the State level.
(3) Items evaluated
The study under this section shall include, among other matters,
an evaluation of the following:
(A) Current economic conditions in, and the future outlook
for, the commercial market for insurance and reinsurance.
(B) Current trends in statutory and common law remedies.
(C) The impact of possible changes in traditional standards
of liability, proof, evidence, and damages on existing statutory
and common law remedies.
(D) The effect of the standard of liability and extent of
the persons upon whom it is imposed under this chapter on the
protection of human health and the environment and on the
availability, underwriting, and pricing of insurance coverage.
(E) Current trends, if any, in the judicial interpretation
and construction of applicable insurance contracts, together
with the degree to which amendments in the language of such
contracts and the description of the risks assumed, could affect
such trends.
(F) The frequency and severity of a representative sample of
claims closed during the calendar year immediately preceding
October 17, 1986.
(G) Impediments to the acquisition of insurance or other
means of obtaining liability coverage other than those referred
to in the preceding subparagraphs.
(H) The effects of the standards of liability and financial
responsibility requirements imposed pursuant to this chapter on
the cost of, and incentives for, developing and demonstrating
alternative and innovative treatment technologies, as well as
waste generation minimization.
(4) Submission
The Comptroller General shall submit a report on the results of
the study to Congress with appropriate recommendations within 12
months after October 17, 1986.
(Pub. L. 96-510, title III, Sec. 301, Dec. 11, 1980, 94 Stat. 2805; Pub.
L. 99-499, title I, Sec. 107(d)(3), title II, Secs. 208, 212, Oct. 17,
1986, 100 Stat. 1630, 1707, 1726; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,
100 Stat. 2095.)
References in Text
This chapter, referred to in subsecs. (a)(1)(A), (E), (G), (c)(1),
and (g), was in the original ``this Act, meaning Pub. L. 96-510, Dec.
11, 1980, 94 Stat. 2767, as amended, known as the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, which
enacted this chapter, section 6911a of this title, and sections 4611,
4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code,
amended section 6911 of this title, section 1364 of Title 33, Navigation
and Navigable Waters, and section 11901 of Title 49, Transportation, and
enacted provisions set out as notes under section 6911 of this title and
sections 1 and 4611 of Title 26. For complete classification of this Act
to the Code, see Short Title note set out under section 9601 of this
title and Tables.
Subchapter II of this chapter, referred to in subsec. (a)(1)(F), was
in the original ``title II of this Act, meaning title II of Pub. L.
96-510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance
Response Revenue Act of 1980, which enacted subchapter II of this
chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26.
Sections 221 to 223 and 232 of Pub. L. 96-510, which were classified to
sections 9631 to 9633 and 9641 of this title, comprising subchapter II
of this chapter, were repealed by Pub. L. 99-499, title V, Secs. 514(b),
517(c)(1), Oct. 17, 1986, 100 Stat. 1767, 1774. For complete
classification of title II to the Code, see Short Title of 1980
Amendment note set out under section 1 of Title 26 and Tables.
For effective date of this chapter, referred to in subsec. (a)(2),
see section 9652 of this title.
Subsection 3001(b)(2)(B) and subsection 3001(b)(3)(A) of the Solid
Waste Disposal Act of 1980, referred to in subsec. (a)(2), probably mean
section 3001(b)(2)(B) and (3)(A) of the Solid Waste Disposal Act, as
amended by the Solid Waste Disposal Act Amendments of 1980, which
enacted section 6921(b)(2)(B) and (3)(A) of this title.
The Solid Waste Disposal Act, referred to in subsecs. (a)(2) and
(d)(C), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as
amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat.
2795. Subtitle C of the Solid Waste Disposal Act is classified generally
to subchapter III (Sec. 6921 et seq.) of chapter 82 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 6901 of this title and Tables.
Codification
Subsec. (h) of this section, which required the Administrator of the
Environmental Protection Agency to submit an annual report to Congress
of such Agency on the progress achieved in implementing this chapter
during the preceding fiscal year, required the Inspector General of the
Agency to review the report for reasonableness and accuracy and submit
to Congress, as a part of that report, a report on the results of the
review, and required the appropriate authorizing committees of Congress,
after receiving those reports, to conduct oversight hearings to ensure
that this chapter is being implemented according to the purposes of this
chapter and congressional intent in enacting this chapter, terminated,
effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money and
Finance. See, also, the 5th item on page 164 of House Document No. 103-
7.
Amendments
1986--Subsec. (a)(1)(H). Pub. L. 99-514 substituted ``Internal
Revenue Code of 1986 for ``Internal Revenue Code of 1954, which for
purposes of codification was translated as ``title 26 thus requiring
no change in text.
Subsec. (c)(1). Pub. L. 99-499, Sec. 107(d)(3), inserted at end
``Notwithstanding the failure of the President to promulgate the
regulations required under this subsection on the required date, the
President shall promulgate such regulations not later than 6 months
after October 17, 1986.
Subsec. (g). Pub. L. 99-499, Sec. 208, added subsec. (g).
Subsec. (h). Pub. L. 99-499, Sec. 212, added subsec. (h).
Section Referred to in Other Sections
This section is referred to in sections 9604, 9607, 9612, 9613 of
this title.
Sec. 9652. Effective dates; savings provisions
(a) Unless otherwise provided, all provisions of this chapter shall
be effective on December 11, 1980.
(b) Any regulation issued pursuant to any provisions of section 1321
of title 33 which is repealed or superseded by this chapter and which is
in effect on the date immediately preceding the effective date of this
chapter shall be deemed to be a regulation issued pursuant to the
authority of this chapter and shall remain in full force and effect
unless or until superseded by new regulations issued thereunder.
(c) Any regulation--
(1) respecting financial responsibility,
(2) issued pursuant to any provision of law repealed or
superseded by this chapter, and
(3) in effect on the date immediately preceding the effective
date of this chapter shall be deemed to be a regulation issued
pursuant to the authority of this chapter and shall remain in full
force and effect unless or until superseded by new regulations
issued thereunder.
(d) Nothing in this chapter shall affect or modify in any way the
obligations or liabilities of any person under other Federal or State
law, including common law, with respect to releases of hazardous
substances or other pollutants or contaminants. The provisions of this
chapter shall not be considered, interpreted, or construed in any way as
reflecting a determination, in part or whole, of policy regarding the
inapplicability of strict liability, or strict liability doctrines, to
activities relating to hazardous substances, pollutants, or contaminants
or other such activities.
(Pub. L. 96-510, title III, Sec. 302, Dec. 11, 1980, 94 Stat. 2808.)
Sec. 9653. Repealed. Pub. L. 99-499, title V, Sec. 511(b), Oct.
17, 1986, 100 Stat. 1761
Section, Pub. L. 96-510, title III, Sec. 303, Dec. 11, 1980, 94
Stat. 2808, provided for termination of authority to collect taxes under
this chapter.
Sec. 9654. Applicability of Federal water pollution control
funding, etc., provisions
(a) Omitted
(b) One-half of the unobligated balance remaining before December
11, 1980, under subsection (k) \1\ of section 1321 of title 33 and all
sums appropriated under section 1364(b) \1\ of title 33 shall be
transferred to the Fund established under subchapter II \1\ of this
chapter.
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(c) In any case in which any provision of section 1321 of title 33
is determined to be in conflict with any provisions of this chapter, the
provisions of this chapter shall apply.
(Pub. L. 96-510, title III, Sec. 304, Dec. 11, 1980, 94 Stat. 2809.)
References in Text
Subsection (k) of section 1321 of title 33, referred to in subsec.
(b), was repealed by Pub. L. 101-380, title II, Sec. 2002(b)(2), Aug.
18, 1990, 104 Stat. 507.
Section 1364(b) of title 33, referred to in subsec. (b), was
repealed by Pub. L. 96-510, title III, Sec. 304(a), Dec. 11, 1980, 94
Stat. 2809.
Subchapter II of this chapter, referred to in subsec. (b), was in
the original ``title II of this Act, meaning title II of Pub. L. 96-
510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance
Response Revenue Act of 1980, which enacted subchapter II of this
chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26,
Internal Revenue Code. Sections 221 to 223 and 232 of Pub. L. 96-510,
which were classified to sections 9631 to 9633 and 9641 of this title,
comprising subchapter II of this chapter, were repealed by Pub. L. 99-
499, title V, Secs. 514(b), 517(c)(1), Oct. 17, 1986, 100 Stat. 1767,
1774. For complete classification of title II to the Code, see Short
Title of 1980 Amendment note set out under section 1 of Title 26 and
Tables.
Codification
Subsec. (a) of this section repealed section 1364(b) of Title 33,
Navigation and Navigable Waters.
Sec. 9655. Legislative veto of rule or regulation
(a) Transmission to Congress upon promulgation or repromulgation of rule
or regulation; disapproval procedures
Notwithstanding any other provision of law, simultaneously with
promulgation or repromulgation of any rule or regulation under authority
of subchapter I of this chapter, the head of the department, agency, or
instrumentality promulgating such rule or regulation shall transmit a
copy thereof to the Secretary of the Senate and the Clerk of the House
of Representatives. Except as provided in subsection (b) of this
section, the rule or regulation shall not become effective, if--
(1) within ninety calendar days of continuous session of
Congress after the date of promulgation, both Houses of Congress
adopt a concurrent resolution, the matter after the resolving clause
of which is as follows: ``That Congress disapproves the rule or
regulation promulgated by the dealing with the matter
of , which rule or regulation was transmitted to
Congress on ., the blank spaces therein being
appropriately filled; or
(2) within sixty calendar days of continuous session of Congress
after the date of promulgation, one House of Congress adopts such a
concurrent resolution and transmits such resolution to the other
House, and such resolution is not disapproved by such other House
within thirty calendar days of continuous session of Congress after
such transmittal.
(b) Approval; effective dates
If, at the end of sixty calendar days of continuous session of
Congress after the date of promulgation of a rule or regulation, no
committee of either House of Congress has reported or been discharged
from further consideration of a concurrent resolution disapproving the
rule or regulation and neither House has adopted such a resolution, the
rule or regulation may go into effect immediately. If, within such sixty
calendar days, such a committee has reported or been discharged from
further consideration of such a resolution, or either House has adopted
such a resolution, the rule or regulation may go into effect not sooner
than ninety calendar days of continuous session of Congress after such
rule is prescribed unless disapproved as provided in subsection (a) of
this section.
(c) Sessions of Congress as applicable
For purposes of subsections (a) and (b) of this section--
(1) continuity of session is broken only by an adjournment of
Congress sine die; and
(2) the days on which either House is not in session because of
an adjournment of more than three days to a day certain are excluded
in the computation of thirty, sixty, and ninety calendar days of
continuous session of Congress.
(d) Congressional inaction on, or rejection of, resolution of
disapproval
Congressional inaction on, or rejection of, a resolution of
disapproval shall not be deemed an expression of approval of such rule
or regulation.
(Pub. L. 96-510, title III, Sec. 305, Dec. 11, 1980, 94 Stat. 2809.)
Sec. 9656. Transportation of hazardous substances; listing as
hazardous material; liability for release
(a) Each hazardous substance which is listed or designated as
provided in section 9601(14) of this title shall, within 30 days after
October 17, 1986, or at the time of such listing or designation,
whichever is later, be listed and regulated as a hazardous material
under chapter 51 of title 49.
(b) A common or contract carrier shall be liable under other law in
lieu of section 9607 of this title for damages or remedial action
resulting from the release of a hazardous substance during the course of
transportation which commenced prior to the effective date of the
listing and regulation of such substance as a hazardous material under
chapter 51 of title 49, or for substances listed pursuant to subsection
(a) of this section, prior to the effective date of such listing:
Provided, however, That this subsection shall not apply where such a
carrier can demonstrate that he did not have actual knowledge of the
identity or nature of the substance released.
(Pub. L. 96-510, title III, Sec. 306(a), (b), Dec. 11, 1980, 94 Stat.
2810; Pub. L. 99-499, title II, Sec. 202, Oct. 17, 1986, 100 Stat.
1695.)
Codification
In subsecs. (a) and (b), ``chapter 51 of title 49 substituted for
``the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et
seq.] on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108
Stat. 1378, the first section of which enacted subtitles II, III, and V
to X of Title 49, Transportation.
Amendments
1986--Subsec. (a). Pub. L. 99-499, Sec. 202(a), substituted ``within
30 days after October 17, 1986 for ``within ninety days after December
11, 1980 and inserted ``and regulated before ``as a hazardous
material.
Subsec. (b). Pub. L. 99-499, Sec. 202(b), inserted ``and
regulation after ``prior to the effective date of the listing.
Section Referred to in Other Sections
This section is referred to in title 49 section 31301.
Sec. 9657. Separability; contribution
If any provision of this chapter, or the application of any
provision of this chapter to any person or circumstance, is held
invalid, the application of such provision to other persons or
circumstances and the remainder of this chapter shall not be affected
thereby. If an administrative settlement under section 9622 of this
title has the effect of limiting any persons right to obtain
contribution from any party to such settlement, and if the effect of
such limitation would constitute a taking without just compensation in
violation of the fifth amendment of the Constitution of the United
States, such person shall not be entitled, under other laws of the
United States, to recover compensation from the United States for such
taking, but in any such case, such limitation on the right to obtain
contribution shall be treated as having no force and effect.
(Pub. L. 96-510, title III, Sec. 308, Dec. 11, 1980, 94 Stat. 2811; Pub.
L. 99-499, title I, Sec. 122(b), Oct. 17, 1986, 100 Stat. 1688.)
References in Text
This chapter, referred to in text, was in the original ``this Act,
meaning Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, known
as the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, which enacted this chapter, section 6911a of this title,
and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26,
Internal Revenue Code, amended section 6911 of this title, section 1364
of Title 33, Navigation and Navigable Waters, and section 11901 of Title
49, Transportation, and enacted provisions set out as notes under
section 6911 of this title and sections 1 and 4611 of Title 26. For
complete classification of this Act to the Code, see Short Title note
set out under section 9601 of this title and Tables.
Amendments
1986--Pub. L. 99-499 inserted sentence at end relating to
administrative settlements under section 9622 of this title which have
effect of limiting any persons right to obtain contribution from any
party to such settlement.
Sec. 9658. Actions under State law for damages from exposure to
hazardous substances
(a) State statutes of limitations for hazardous substance cases
(1) Exception to State statutes
In the case of any action brought under State law for personal
injury, or property damages, which are caused or contributed to by
exposure to any hazardous substance, or pollutant or contaminant,
released into the environment from a facility, if the applicable
limitations period for such action (as specified in the State
statute of limitations or under common law) provides a commencement
date which is earlier than the federally required commencement date,
such period shall commence at the federally required commencement
date in lieu of the date specified in such State statute.
(2) State law generally applicable
Except as provided in paragraph (1), the statute of limitations
established under State law shall apply in all actions brought under
State law for personal injury, or property damages, which are caused
or contributed to by exposure to any hazardous substance, or
pollutant or contaminant, released into the environment from a
facility.
(3) Actions under section 9607
Nothing in this section shall apply with respect to any cause of
action brought under section 9607 of this title.
(b) Definitions
As used in this section--
(1) Subchapter I terms
The terms used in this section shall have the same meaning as
when used in subchapter I of this chapter.
(2) Applicable limitations period
The term ``applicable limitations period means the period
specified in a statute of limitations during which a civil action
referred to in subsection (a)(1) of this section may be brought.
(3) Commencement date
The term ``commencement date means the date specified in a
statute of limitations as the beginning of the applicable
limitations period.
(4) Federally required commencement date
(A) In general
Except as provided in subparagraph (B), the term ``federally
required commencement date means the date the plaintiff knew
(or reasonably should have known) that the personal injury or
property damages referred to in subsection (a)(1) of this
section were caused or contributed to by the hazardous substance
or pollutant or contaminant concerned.
(B) Special rules
In the case of a minor or incompetent plaintiff, the term
``federally required commencement date means the later of the
date referred to in subparagraph (A) or the following:
(i) In the case of a minor, the date on which the minor
reaches the age of majority, as determined by State law, or
has a legal representative appointed.
(ii) In the case of an incompetent individual, the date
on which such individual becomes competent or has had a
legal representative appointed.
(Pub. L. 96-510, title III, Sec. 309, as added Pub. L. 99-499, title II,
Sec. 203(a), Oct. 17, 1986, 100 Stat. 1695.)
Effective Date
Section 203(b) of Pub. L. 99-499 provided that: ``The amendment made
by subsection (a) of this section [enacting this section] shall take
effect with respect to actions brought after December 11, 1980.
Section Referred to in Other Sections
This section is referred to in section 9659 of this title.
Sec. 9659. Citizens suits
(a) Authority to bring civil actions
Except as provided in subsections (d) and (e) of this section and in
section 9613(h) of this title (relating to timing of judicial review),
any person may commence a civil action on his own behalf--
(1) against any person (including the United States and any
other governmental instrumentality or agency, to the extent
permitted by the eleventh amendment to the Constitution) who is
alleged to be in violation of any standard, regulation, condition,
requirement, or order which has become effective pursuant to this
chapter (including any provision of an agreement under section 9620
of this title, relating to Federal facilities); or
(2) against the President or any other officer of the United
States (including the Administrator of the Environmental Protection
Agency and the Administrator of the ATSDR) where there is alleged a
failure of the President or of such other officer to perform any act
or duty under this chapter, including an act or duty under section
9620 of this title (relating to Federal facilities), which is not
discretionary with the President or such other officer.
Paragraph (2) shall not apply to any act or duty under the provisions of
section 9660 of this title (relating to research, development, and
demonstration).
(b) Venue
(1) Actions under subsection (a)(1)
Any action under subsection (a)(1) of this section shall be
brought in the district court for the district in which the alleged
violation occurred.
(2) Actions under subsection (a)(2)
Any action brought under subsection (a)(2) of this section may
be brought in the United States District Court for the District of
Columbia.
(c) Relief
The district court shall have jurisdiction in actions brought under
subsection (a)(1) of this section to enforce the standard, regulation,
condition, requirement, or order concerned (including any provision of
an agreement under section 9620 of this title), to order such action as
may be necessary to correct the violation, and to impose any civil
penalty provided for the violation. The district court shall have
jurisdiction in actions brought under subsection (a)(2) of this section
to order the President or other officer to perform the act or duty
concerned.
(d) Rules applicable to subsection (a)(1) actions
(1) Notice
No action may be commenced under subsection (a)(1) of this
section before 60 days after the plaintiff has given notice of the
violation to each of the following:
(A) The President.
(B) The State in which the alleged violation occurs.
(C) Any alleged violator of the standard, regulation,
condition, requirement, or order concerned (including any
provision of an agreement under section 9620 of this title).
Notice under this paragraph shall be given in such manner as the
President shall prescribe by regulation.
(2) Diligent prosecution
No action may be commenced under paragraph (1) of subsection (a)
of this section if the President has commenced and is diligently
prosecuting an action under this chapter, or under the Solid Waste
Disposal Act [42 U.S.C. 6901 et seq.] to require compliance with the
standard, regulation, condition, requirement, or order concerned
(including any provision of an agreement under section 9620 of this
title).
(e) Rules applicable to subsection (a)(2) actions
No action may be commenced under paragraph (2) of subsection (a) of
this section before the 60th day following the date on which the
plaintiff gives notice to the Administrator or other department, agency,
or instrumentality that the plaintiff will commence such action. Notice
under this subsection shall be given in such manner as the President
shall prescribe by regulation.
(f) Costs
The court, in issuing any final order in any action brought pursuant
to this section, may award costs of litigation (including reasonable
attorney and expert witness fees) to the prevailing or the substantially
prevailing party whenever the court determines such an award is
appropriate. The court may, if a temporary restraining order or
preliminary injunction is sought, require the filing of a bond or
equivalent security in accordance with the Federal Rules of Civil
Procedure.
(g) Intervention
In any action under this section, the United States or the State, or
both, if not a party may intervene as a matter of right. For other
provisions regarding intervention, see section 9613 of this title.
(h) Other rights
This chapter does not affect or otherwise impair the rights of any
person under Federal, State, or common law, except with respect to the
timing of review as provided in section 9613(h) of this title or as
otherwise provided in section 9658 of this title (relating to actions
under State law).
(i) Definitions
The terms used in this section shall have the same meanings as when
used in subchapter I of this chapter.
(Pub. L. 96-510, title III, Sec. 310, as added Pub. L. 99-499, title II,
Sec. 206, Oct. 17, 1986, 100 Stat. 1703.)
References in Text
The Solid Waste Disposal Act, referred to in subsec. (d)(2), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which
is classified generally to chapter 82 (Sec. 6901 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 6901 of this title and Tables.
The Federal Rules of Civil Procedure, referred to in subsec. (f),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
Section Referred to in Other Sections
This section is referred to in section 9613 of this title.
Sec. 9660. Research, development, and demonstration
(a) Hazardous substance research and training
(1) Authorities of Secretary
The Secretary of Health and Human Services (hereinafter in this
subsection referred to as the Secretary), in consultation with the
Administrator, shall establish and support a basic research and
training program (through grants, cooperative agreements, and
contracts) consisting of the following:
(A) Basic research (including epidemiologic and ecologic
studies) which may include each of the following:
(i) Advanced techniques for the detection, assessment,
and evaluation of the effects on human health of hazardous
substances.
(ii) Methods to assess the risks to human health
presented by hazardous substances.
(iii) Methods and technologies to detect hazardous
substances in the environment and basic biological,
chemical, and physical methods to reduce the amount and
toxicity of hazardous substances.
(B) Training, which may include each of the following:
(i) Short courses and continuing education for State and
local health and environment agency personnel and other
personnel engaged in the handling of hazardous substances,
in the management of facilities at which hazardous
substances are located, and in the evaluation of the hazards
to human health presented by such facilities.
(ii) Graduate or advanced training in environmental and
occupational health and safety and in the public health and
engineering aspects of hazardous waste control.
(iii) Graduate training in the geosciences, including
hydrogeology, geological engineering, geophysics,
geochemistry, and related fields necessary to meet
professional personnel needs in the public and private
sectors and to effectuate the purposes of this chapter.
(2) Director of NIEHS
The Director of the National Institute for Environmental Health
Sciences shall cooperate fully with the relevant Federal agencies
referred to in subparagraph (A) of paragraph (5) in carrying out the
purposes of this section.
(3) Recipients of grants, etc.
A grant, cooperative agreement, or contract may be made or
entered into under paragraph (1) with an accredited institution of
higher education. The institution may carry out the research or
training under the grant, cooperative agreement, or contract through
contracts, including contracts with any of the following:
(A) Generators of hazardous wastes.
(B) Persons involved in the detection, assessment,
evaluation, and treatment of hazardous substances.
(C) Owners and operators of facilities at which hazardous
substances are located.
(D) State and local governments.
(4) Procedures
In making grants and entering into cooperative agreements and
contracts under this subsection, the Secretary shall act through the
Director of the National Institute for Environmental Health
Sciences. In considering the allocation of funds for training
purposes, the Director shall ensure that at least one grant,
cooperative agreement, or contract shall be awarded for training
described in each of clauses (i), (ii), and (iii) of paragraph
(1)(B). Where applicable, the Director may choose to operate
training activities in cooperation with the Director of the National
Institute for Occupational Safety and Health. The procedures
applicable to grants and contracts under title IV of the Public
Health Service Act [42 U.S.C. 281 et seq.] shall be followed under
this subsection.
(5) Advisory council
To assist in the implementation of this subsection and to aid in
the coordination of research and demonstration and training
activities funded from the Fund under this section, the Secretary
shall appoint an advisory council (hereinafter in this subsection
referred to as the ``Advisory Council) which shall consist of
representatives of the following:
(A) The relevant Federal agencies.
(B) The chemical industry.
(C) The toxic waste management industry.
(D) Institutions of higher education.
(E) State and local health and environmental agencies.
(F) The general public.
(6) Planning
Within nine months after October 17, 1986, the Secretary, acting
through the Director of the National Institute for Environmental
Health Sciences, shall issue a plan for the implementation of
paragraph (1). The plan shall include priorities for actions under
paragraph (1) and include research and training relevant to
scientific and technological issues resulting from site specific
hazardous substance response experience. The Secretary shall, to the
maximum extent practicable, take appropriate steps to coordinate
program activities under this plan with the activities of other
Federal agencies in order to avoid duplication of effort. The plan
shall be consistent with the need for the development of new
technologies for meeting the goals of response actions in accordance
with the provisions of this chapter. The Advisory Council shall be
provided an opportunity to review and comment on the plan and
priorities and assist appropriate coordination among the relevant
Federal agencies referred to in subparagraph (A) of paragraph (5).
(b) Alternative or innovative treatment technology research and
demonstration program
(1) Establishment
The Administrator is authorized and directed to carry out a
program of research, evaluation, testing, development, and
demonstration of alternative or innovative treatment technologies
(hereinafter in this subsection referred to as the ``program)
which may be utilized in response actions to achieve more permanent
protection of human health and welfare and the environment.
(2) Administration
The program shall be administered by the Administrator, acting
through an office of technology demonstration and shall be
coordinated with programs carried out by the Office of Solid Waste
and Emergency Response and the Office of Research and Development.
(3) Contracts and grants
In carrying out the program, the Administrator is authorized to
enter into contracts and cooperative agreements with, and make
grants to, persons, public entities, and nonprofit private entities
which are exempt from tax under section 501(c)(3) of title 26. The
Administrator shall, to the maximum extent possible, enter into
appropriate cost sharing arrangements under this subsection.
(4) Use of sites
In carrying out the program, the Administrator may arrange for
the use of sites at which a response may be undertaken under section
9604 of this title for the purposes of carrying out research,
testing, evaluation, development, and demonstration projects. Each
such project shall be carried out under such terms and conditions as
the Administrator shall require to assure the protection of human
health and the environment and to assure adequate control by the
Administrator of the research, testing, evaluation, development, and
demonstration activities at the site.
(5) Demonstration assistance
(A) Program components
The demonstration assistance program shall include the
following:
(i) The publication of a solicitation and the evaluation
of applications for demonstration projects utilizing
alternative or innovative technologies.
(ii) The selection of sites which are suitable for the
testing and evaluation of innovative technologies.
(iii) The development of detailed plans for innovative
technology demonstration projects.
(iv) The supervision of such demonstration projects and
the providing of quality assurance for data obtained.
(v) The evaluation of the results of alternative
innovative technology demonstration projects and the
determination of whether or not the technologies used are
effective and feasible.
(B) Solicitation
Within 90 days after October 17, 1986, and no less often
than once every 12 months thereafter, the Administrator shall
publish a solicitation for innovative or alternative
technologies at a stage of development suitable for full-scale
demonstrations at sites at which a response action may be
undertaken under section 9604 of this title. The purpose of any
such project shall be to demonstrate the use of an alternative
or innovative treatment technology with respect to hazardous
substances or pollutants or contaminants which are located at
the site or which are to be removed from the site. The
solicitation notice shall prescribe information to be included
in the application, including technical and economic data
derived from the applicants own research and development
efforts, and other information sufficient to permit the
Administrator to assess the technologys potential and the types
of remedial action to which it may be applicable.
(C) Applications
Any person and any public or private nonprofit entity may
submit an application to the Administrator in response to the
solicitation. The application shall contain a proposed
demonstration plan setting forth how and when the project is to
be carried out and such other information as the Administrator
may require.
(D) Project selection
In selecting technologies to be demonstrated, the
Administrator shall fully review the applications submitted and
shall consider at least the criteria specified in paragraph (7).
The Administrator shall select or refuse to select a project for
demonstration under this subsection within 90 days of receiving
the completed application for such project. In the case of a
refusal to select the project, the Administrator shall notify
the applicant within such 90-day period of the reasons for his
refusal.
(E) Site selection
The Administrator shall propose 10 sites at which a response
may be undertaken under section 9604 of this title to be the
location of any demonstration project under this subsection
within 60 days after the close of the public comment period.
After an opportunity for notice and public comment, the
Administrator shall select such sites and projects. In selecting
any such site, the Administrator shall take into account the
applicants technical data and preferences either for onsite
operation or for utilizing the site as a source of hazardous
substances or pollutants or contaminants to be treated offsite.
(F) Demonstration plan
Within 60 days after the selection of the site under this
paragraph to be the location of a demonstration project, the
Administrator shall establish a final demonstration plan for the
project, based upon the demonstration plan contained in the
application for the project. Such plan shall clearly set forth
how and when the demonstration project will be carried out.
(G) Supervision and testing
Each demonstration project under this subsection shall be
performed by the applicant, or by a person satisfactory to the
applicant, under the supervision of the Administrator. The
Administrator shall enter into a written agreement with each
applicant granting the Administrator the responsibility and
authority for testing procedures, quality control, monitoring,
and other measurements necessary to determine and evaluate the
results of the demonstration project. The Administrator may pay
the costs of testing, monitoring, quality control, and other
measurements required by the Administrator to determine and
evaluate the results of the demonstration project, and the
limitations established by subparagraph (J) shall not apply to
such costs.
(H) Project completion
Each demonstration project under this subsection shall be
completed within such time as is established in the
demonstration plan.
(I) Extensions
The Administrator may extend any deadline established under
this paragraph by mutual agreement with the applicant concerned.
(J) Funding restrictions
The Administrator shall not provide any Federal assistance
for any part of a full-scale field demonstration project under
this subsection to any applicant unless such applicant can
demonstrate that it cannot obtain appropriate private financing
on reasonable terms and conditions sufficient to carry out such
demonstration project without such Federal assistance. The total
Federal funds for any full-scale field demonstration project
under this subsection shall not exceed 50 percent of the total
cost of such project estimated at the time of the award of such
assistance. The Administrator shall not expend more than
$10,000,000 for assistance under the program in any fiscal year
and shall not expend more than $3,000,000 for any single
project.
(6) Field demonstrations
In carrying out the program, the Administrator shall initiate or
cause to be initiated at least 10 field demonstration projects of
alternative or innovative treatment technologies at sites at which a
response may be undertaken under section 9604 of this title, in
fiscal year 1987 and each of the succeeding three fiscal years. If
the Administrator determines that 10 field demonstration projects
under this subsection cannot be initiated consistent with the
criteria set forth in paragraph (7) in any of such fiscal years, the
Administrator shall transmit to the appropriate committees of
Congress a report explaining the reasons for his inability to
conduct such demonstration projects.
(7) Criteria
In selecting technologies to be demonstrated under this
subsection, the Administrator shall, consistent with the protection
of human health and the environment, consider each of the following
criteria:
(A) The potential for contributing to solutions to those
waste problems which pose the greatest threat to human health,
which cannot be adequately controlled under present
technologies, or which otherwise pose significant management
difficulties.
(B) The availability of technologies which have been
sufficiently developed for field demonstration and which are
likely to be cost-effective and reliable.
(C) The availability and suitability of sites for
demonstrating such technologies, taking into account the
physical, biological, chemical, and geological characteristics
of the sites, the extent and type of contamination found at the
site, and the capability to conduct demonstration projects in
such a manner as to assure the protection of human health and
the environment.
(D) The likelihood that the data to be generated from the
demonstration project at the site will be applicable to other
sites.
(8) Technology transfer
In carrying out the program, the Administrator shall conduct a
technology transfer program including the development, collection,
evaluation, coordination, and dissemination of information relating
to the utilization of alternative or innovative treatment
technologies for response actions. The Administrator shall establish
and maintain a central reference library for such information. The
information maintained by the Administrator shall be made available
to the public, subject to the provisions of section 552 of title 5
and section 1905 of title 18, and to other Government agencies in a
manner that will facilitate its dissemination; except, that upon a
showing satisfactory to the Administrator by any person that any
information or portion thereof obtained under this subsection by the
Administrator directly or indirectly from such person, would, if
made public, divulge--
(A) trade secrets; or
(B) other proprietary information of such person,
the Administrator shall not disclose such information and disclosure
thereof shall be punishable under section 1905 of title 18. This
subsection is not authority to withhold information from Congress or
any committee of Congress upon the request of the chairman of such
committee.
(9) Training
The Administrator is authorized and directed to carry out,
through the Office of Technology Demonstration, a program of
training and an evaluation of training needs for each of the
following:
(A) Training in the procedures for the handling and removal
of hazardous substances for employees who handle hazardous
substances.
(B) Training in the management of facilities at which
hazardous substances are located and in the evaluation of the
hazards to human health presented by such facilities for State
and local health and environment agency personnel.
(10) Definition
For purposes of this subsection, the term ``alternative or
innovative treatment technologies means those technologies,
including proprietary or patented methods, which permanently alter
the composition of hazardous waste through chemical, biological, or
physical means so as to significantly reduce the toxicity, mobility,
or volume (or any combination thereof) of the hazardous waste or
contaminated materials being treated. The term also includes
technologies that characterize or assess the extent of
contamination, the chemical and physical character of the
contaminants, and the stresses imposed by the contaminants on
complex ecosystems at sites.
(c) Hazardous substance research
The Administrator may conduct and support, through grants,
cooperative agreements, and contracts, research with respect to the
detection, assessment, and evaluation of the effects on and risks to
human health of hazardous substances and detection of hazardous
substances in the environment. The Administrator shall coordinate such
research with the Secretary of Health and Human Services, acting through
the advisory council established under this section, in order to avoid
duplication of effort.
(d) University hazardous substance research centers
(1) Grant program
The Administrator shall make grants to institutions of higher
learning to establish and operate not fewer than 5 hazardous
substance research centers in the United States. In carrying out the
program under this subsection, the Administrator should seek to have
established and operated 10 hazardous substance research centers in
the United States.
(2) Responsibilities of centers
The responsibilities of each hazardous substance research center
established under this subsection shall include, but not be limited
to, the conduct of research and training relating to the
manufacture, use, transportation, disposal, and management of
hazardous substances and publication and dissemination of the
results of such research.
(3) Applications
Any institution of higher learning interested in receiving a
grant under this subsection shall submit to the Administrator an
application in such form and containing such information as the
Administrator may require by regulation.
(4) Selection criteria
The Administrator shall select recipients of grants under this
subsection on the basis of the following criteria:
(A) The hazardous substance research center shall be located
in a State which is representative of the needs of the region in
which such State is located for improved hazardous waste
management.
(B) The grant recipient shall be located in an area which
has experienced problems with hazardous substance management.
(C) There is available to the grant recipient for carrying
out this subsection demonstrated research resources.
(D) The capability of the grant recipient to provide
leadership in making national and regional contributions to the
solution of both long-range and immediate hazardous substance
management problems.
(E) The grant recipient shall make a commitment to support
ongoing hazardous substance research programs with budgeted
institutional funds of at least $100,000 per year.
(F) The grant recipient shall have an interdisciplinary
staff with demonstrated expertise in hazardous substance
management and research.
(G) The grant recipient shall have a demonstrated ability to
disseminate results of hazardous substance research and
educational programs through an interdisciplinary continuing
education program.
(H) The projects which the grant recipient proposes to carry
out under the grant are necessary and appropriate.
(5) Maintenance of effort
No grant may be made under this subsection in any fiscal year
unless the recipient of such grant enters into such agreements with
the Administrator as the Administrator may require to ensure that
such recipient will maintain its aggregate expenditures from all
other sources for establishing and operating a regional hazardous
substance research center and related research activities at or
above the average level of such expenditures in its 2 fiscal years
preceding October 17, 1986.
(6) Federal share
The Federal share of a grant under this subsection shall not
exceed 80 percent of the costs of establishing and operating the
regional hazardous substance research center and related research
activities carried out by the grant recipient.
(7) Limitation on use of funds
No funds made available to carry out this subsection shall be
used for acquisition of real property (including buildings) or
construction of any building.
(8) Administration through the Office of the Administrator
Administrative responsibility for carrying out this subsection
shall be in the Office of the Administrator.
(9) Equitable distribution of funds
The Administrator shall allocate funds made available to carry
out this subsection equitably among the regions of the United
States.
(10) Technology transfer activities
Not less than five percent of the funds made available to carry
out this subsection for any fiscal year shall be available to carry
out technology transfer activities.
(e) Report to Congress
At the time of the submission of the annual budget request to
Congress, the Administrator shall submit to the appropriate committees
of the House of Representatives and the Senate and to the advisory
council established under subsection (a) of this section, a report on
the progress of the research, development, and demonstration program
authorized by subsection (b) of this section, including an evaluation of
each demonstration project completed in the preceding fiscal year,
findings with respect to the efficacy of such demonstrated technologies
in achieving permanent and significant reductions in risk from hazardous
wastes, the costs of such demonstration projects, and the potential
applicability of, and projected costs for, such technologies at other
hazardous substance sites.
(f) Saving provision
Nothing in this section shall be construed to affect the provisions
of the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.].
(g) Small business participation
The Administrator shall ensure, to the maximum extent practicable,
an adequate opportunity for small business participation in the program
established by subsection (b) of this section.
(Pub. L. 96-510, title III, Sec. 311, as added Pub. L. 99-499, title II,
Sec. 209(b), Oct. 17, 1986, 100 Stat. 1708; amended Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
References in Text
The Public Health Service Act, referred to in subsec. (a)(4), is act
July 1, 1944, ch. 373, 58 Stat. 682, as amended. Title IV of the Public
Health Service Act is classified generally to subchapter III (Sec. 281
et seq.) of chapter 6A of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 201 of
this title and Tables.
The Solid Waste Disposal Act, referred to in subsec. (f), is title
II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally
by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is
classified generally to chapter 82 (Sec. 6901 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 6901 of this title and Tables.
Amendments
1986--Subsec. (b)(3). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986 for ``Internal Revenue Code of 1954, which for purposes
of codification was translated as ``title 26 thus requiring no change
in text.
Gulf Coast Hazardous Substance Research, Development, and Demonstration
Center
Section 118(l) of Pub. L. 99-499 provided that:
``(1) Establishment of hazardous substance research, development,
and demonstration center.--The Administrator shall establish a hazardous
substance research, development, and demonstration center (hereinafter
in this subsection referred to as the `Center) for the purpose of
conducting research to aid in more effective hazardous substance
response 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.
Pacific Northwest Hazardous Substance Research, Development, and
Demonstration Center
Section 118(o) of Pub. L. 99-499 provided that:
``(1) Establishment.--The Administrator shall establish a hazardous
substance research, development, and demonstration center (hereinafter
in this subsection referred to as the `Center) for the purpose of
conducting research to aid in more effective hazardous substance
response in the Pacific Northwest.
``(2) Purposes of center.--The Center shall carry out a program of
research, evaluation, testing, development, and demonstration of
alternative or innovative technologies which may be utilized in response
actions to achieve more permanent protection of human health and welfare
and the environment.
``(3) Operation of center.--
``(A) Nonprofit entity.--For the purposes of operating the
Center, the Administrator is authorized to enter into contracts and
cooperative agreements with, and make grants to, a nonprofit private
entity as defined in section 201(i) of Public Law 96-517 [probably
means section 201(i) of Title 35, Patents, which was enacted by
section 6(a) of Pub. L. 96-517, Dec. 12, 1980, 94 Stat. 3020] which
entity shall agree to provide the basic technical and management
personnel. Such nonprofit private entity shall also agree to provide
at least two permanent research facilities, one of which shall be
located in Benton County, Washington, and one of which shall be
located in Clallam County, Washington.
``(B) Authorities.--The Center shall be authorized to make
grants, accept contributions, and enter into agreements with
universities located in the States of Washington, Oregon, Idaho, and
Montana in order to carry out the purposes of the Center.
``(4) Hazardous waste research at the hanford site.--
``(A) Interagency agreements.--The Administrator and the
Secretary of Energy are authorized to enter into interagency
agreements with one another for the purpose of providing for
research, evaluation, testing, development, and demonstration into
alternative or innovative technologies to characterize and assess
the nature and extent of hazardous waste (including radioactive
mixed waste) contamination at the Hanford site, in the State of
Washington.
``(B) Funding.--There is authorized to be appropriated to the
Secretary of Energy for purposes of carrying out this paragraph for
fiscal years beginning after September 30, 1986, not more than
$5,000,000. All sums appropriated under this subparagraph shall be
provided to the Administrator by the Secretary of Energy, pursuant
to the interagency agreement entered into under subparagraph (A),
for the purpose of the Administrator entering into contracts and
cooperative agreements with, and making grants to, the Center in
order to carry out the research, evaluation, testing, development,
and demonstration described in paragraph (1).
``(5) Authorization of appropriations.--There is authorized to be
appropriated to the Administrator for purposes of carrying out this
subsection (other than paragraph (4)) for fiscal years beginning after
September 30, 1986, not more than $5,000,000.
Congressional Statement of Purpose
Section 209(a) of Pub. L. 99-499 provided that: ``The purposes of
this section [enacting this section] are as follows:
``(1) To establish a comprehensive and coordinated Federal
program of research, development, demonstration, and training for
the purpose of promoting the development of alternative and
innovative treatment technologies that can be used in response
actions under the CERCLA program, to provide incentives for the
development and use of such technologies, and to improve the
scientific capability to assess, detect and evaluate the effects on
and risks to human health from hazardous substances.
``(2) To establish a basic university research and education
program within the Department of Health and Human Services and a
research, demonstration, and training program within the
Environmental Protection Agency.
``(3) To reserve certain funds from the Hazardous Substance
Trust Fund to support a basic research program within the Department
of Health and Human Services, and an applied and developmental
research program within the Environmental Protection Agency.
``(4) To enhance the Environmental Protection Agencys internal
research capabilities related to CERCLA activities, including site
assessment and technology evaluation.
``(5) To provide incentives for the development of alternative
and innovative treatment technologies in a manner that supplements
or coordinates with, but does not compete with or duplicate, private
sector development of such technologies.
Termination of Advisory Councils
Advisory councils established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a council established by the
President or an officer of the Federal Government, such council is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by the Congress, its
duration is otherwise provided by law. See sections 3(2) and 14 of Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 9611, 9619, 9659 of this
title; title 10 section 2702.
Sec. 9660a. Grant program
(1) Grant purposes
Grants for the training and education of workers who are or may be
engaged in activities related to hazardous waste removal or containment
or emergency response may be made under this section.
(2) Administration
Grants under this section shall be administered by the National
Institute of Environmental Health Sciences.
(3) Grant recipients
Grants shall be awarded to nonprofit organizations which demonstrate
experience in implementing and operating worker health and safety
training and education programs and demonstrate the ability to reach and
involve in training programs target populations of workers who are or
will be engaged in hazardous waste removal or containment or emergency
response operations.
(Pub. L. 99-499, title I, Sec. 126(g), Oct. 17, 1986, 100 Stat. 1692.)
Codification
Section was enacted as part of the Superfund Amendments and
Reauthorization Act of 1986, and not as part of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 which
comprises this chapter.
Section Referred to in Other Sections
This section is referred to in sections 7274d, 9611, 9619 of this
title; title 49 section 5115.
Sec. 9661. Love Canal property acquisition
(a) Acquisition of property in Emergency Declaration Area
The Administrator of the Environmental Protection Agency
(hereinafter referred to as the ``Administrator) may make grants not
to exceed $2,500,000 to the State of New York (or to any duly
constituted public agency or authority thereof) for purposes of
acquisition of private property in the Love Canal Emergency Declaration
Area. Such acquisition shall include (but shall not be limited to) all
private property within the Emergency Declaration Area, including non-
owner occupied residential properties, commercial, industrial, public,
religious, non-profit, and vacant properties.
(b) Procedures for acquisition
No property shall be acquired pursuant to this section unless the
property owner voluntarily agrees to such acquisition. Compensation for
any property acquired pursuant to this section shall be based upon the
fair market value of the property as it existed prior to the emergency
declaration. Valuation procedures for property acquired with funds
provided under this section shall be in accordance with those set forth
in the agreement entered into between the New York State Disaster
Preparedness Commission and the Love Canal Revitalization Agency on
October 9, 1980.
(c) State ownership
The Administrator shall not provide any funds under this section for
the acquisition of any properties pursuant to this section unless a
public agency or authority of the State of New York first enters into a
cooperative agreement with the Administrator providing assurances deemed
adequate by the Administrator that the State or an agency created under
the laws of the State shall take title to the properties to be so
acquired.
(d) Maintenance of property
The Administrator shall enter into a cooperative agreement with an
appropriate public agency or authority of the State of New York under
which the Administrator shall maintain or arrange for the maintenance of
all properties within the Emergency Declaration Area that have been
acquired by any public agency or authority of the State. Ninety (90)
percent of the costs of such maintenance shall be paid by the
Administrator. The remaining portion of such costs shall be paid by the
State (unless a credit is available under section 9604(c) of this
title). The Administrator is authorized, in his discretion, to provide
technical assistance to any public agency or authority of the State of
New York in order to implement the recommendations of the habitability
and land-use study in order to put the land within the Emergency
Declaration Area to its best use.
(e) Habitability and land use study
The Administrator shall conduct or cause to be conducted a
habitability and land-use study. The study shall--
(1) assess the risks associated with inhabiting of the Love
Canal Emergency Declaration Area;
(2) compare the level of hazardous waste contamination in that
Area to that present in other comparable communities; and
(3) assess the potential uses of the land within the Emergency
Declaration Area, including but not limited to residential,
industrial, commercial and recreational, and the risks associated
with such potential uses.
The Administrator shall publish the findings of such study and shall
work with the State of New York to develop recommendations based upon
the results of such study.
(f) Funding
For purposes of section 9611 of this title [and 9631(c) \1\ of this
title], the expenditures authorized by this section shall be treated as
a cost specified in section 9611(c) of this title.
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\1\ See References in Text note below.
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(g) Response
The provisions of this section shall not affect the implementation
of other response actions within the Emergency Declaration Area that the
Administrator has determined (before October 17, 1986) to be necessary
to protect the public health or welfare or the environment.
(h) Definitions
For purposes of this section:
(1) Emergency Declaration Area
The terms ``Emergency Declaration Area and ``Love Canal
Emergency Declaration Area mean the Emergency Declaration Area as
defined in section 950, paragraph (2) of the General Municipal Law
of the State of New York, Chapter 259, Laws of 1980, as in effect on
October 17, 1986.
(2) Private property
As used in subsection (a) of this section, the term ``private
property means all property which is not owned by a department,
agency, or instrumentality of--
(A) the United States, or
(B) the State of New York (or any public agency or authority
thereof).
(Pub. L. 96-510, title III, Sec. 312, as added Pub. L. 99-499, title II,
Sec. 213(b), Oct. 17, 1986, 100 Stat. 1727.)
References in Text
Section 9631 of this title, referred to in subsec. (f), was repealed
by Pub. L. 99-499, title V, Sec. 517(c)(1), Oct. 17, 1986, 100 Stat.
1774.
Love Canal Property Acquisition; Congressional Findings
Section 213(a) of Pub. L. 99-499 provided that:
``(1) The area known as Love Canal located in the city of Niagara
Falls and the town of Wheatfield, New York, was the first toxic waste
site to receive national attention. As a result of that attention
Congress investigated the problems associated with toxic waste sites and
enacted CERCLA [Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.)] to deal with these
problems.
``(2) Because Love Canal came to the Nations attention prior to the
passage of CERCLA and because the fund under CERCLA was not available to
compensate for all of the hardships endured by the citizens in the area,
Congress has determined that special provisions are required. These
provisions do not affect the lawfulness, implementation, or selection of
any other response actions at Love Canal or at any other facilities.
Coordination of Titles I to IV of Pub. L. 99-499
Any provision of titles I to IV of Pub. L. 99-499, imposing any tax,
premium, or fee; establishing any trust fund; or authorizing
expenditures from any trust fund, to have no force or effect, see
section 531 of Pub. L. 99-499, set out as a note under section 1 of
Title 26, Internal Revenue Code.
Sec. 9662. Limitation on contract and borrowing authority
Any authority provided by this Act, including any amendment made by
this Act, to enter into contracts to obligate the United States or to
incur indebtedness for the repayment of which the United States is
liable shall be effective only to such extent or in such amounts as are
provided in appropriation Acts.
(Pub. L. 99-499, Sec. 3, Oct. 17, 1986, 100 Stat. 1614.)
References in Text
This Act, referred to in text, is Pub. L. 99-499, Oct. 17, 1986, 100
Stat. 1613, as amended, known as the Superfund Amendments and
Reauthorization Act of 1986. For complete classification of this Act to
the Code, see Short Title of 1986 Amendment note set out under section
9601 of this title and Tables.
Codification
Section was enacted as part of the Superfund Amendments and
Reauthorization Act of 1986, and not as part of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 which
comprises this chapter.
Section Referred to in Other Sections
This section is referred to in section 9619 of this title.
SUBCHAPTER IV--POLLUTION INSURANCE
Sec. 9671. Definitions
As used in this subchapter--
(1) Insurance
The term ``insurance means primary insurance, excess
insurance, reinsurance, surplus lines insurance, and any other
arrangement for shifting and distributing risk which is determined
to be insurance under applicable State or Federal law.
(2) Pollution liability
The term ``pollution liability means liability for injuries
arising from the release of hazardous substances or pollutants or
contaminants.
(3) Risk retention group
The term ``risk retention group means any corporation or other
limited liability association taxable as a corporation, or as an
insurance company, formed under the laws of any State--
(A) whose primary activity consists of assuming and
spreading all, or any portion, of the pollution liability of its
group members;
(B) which is organized for the primary purpose of conducting
the activity described under subparagraph (A);
(C) which is chartered or licensed as an insurance company
and authorized to engage in the business of insurance under the
laws of any State; and
(D) which does not exclude any person from membership in the
group solely to provide for members of such a group a
competitive advantage over such a person.
(4) Purchasing group
The term ``purchasing group means any group of persons which
has as one of its purposes the purchase of pollution liability
insurance on a group basis.
(5) State
The term ``State means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Commonwealth of the Northern
Marianas, and any other territory or possession over which the
United States has jurisdiction.
(Pub. L. 96-510, title IV, Sec. 401, as added Pub. L. 99-499, title II,
Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1716;
renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27, 1986,
100 Stat. 3177.)
State Powers and Authorities Under Risk Retention Amendments of 1986
Section 210(b) of Pub. L. 99-499, as added by Pub. L. 99-563,
Sec. 11(c)(1), Oct. 27, 1986, 100 Stat. 3177, provided that: ``For
purposes of subsection (a) of this section [enacting this subchapter],
the powers and authorities of States addressed by the Risk Retention
Amendments of 1986 [Pub. L. 99-563, see Short Title of 1986 Amendment
note set out under section 3901 of Title 15, Commerce and Trade] are in
addition to those of this Act [see Short Title of 1986 Amendment note
set out under section 9601 of this title].
Sec. 9672. State laws; scope of subchapter
(a) State laws
Nothing in this subchapter shall be construed to affect either the
tort law or the law governing the interpretation of insurance contracts
of any State. The definitions of pollution liability and pollution
liability insurance under any State law shall not be applied for the
purposes of this subchapter, including recognition or qualification of
risk retention groups or purchasing groups.
(b) Scope of subchapter
The authority to offer or to provide insurance under this subchapter
shall be limited to coverage of pollution liability risks and this
subchapter does not authorize a risk retention group or purchasing group
to provide coverage of any other line of insurance.
(Pub. L. 96-510, title IV, Sec. 402, as added Pub. L. 99-499, title II,
Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1716;
renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27, 1986,
100 Stat. 3177.)
Sec. 9673. Risk retention groups
(a) Exemption
Except as provided in this section, a risk retention group shall be
exempt from the following:
(1) A State law, rule, or order which makes unlawful, or
regulates, directly or indirectly, the operation of a risk retention
group.
(2) A State law, rule, or order which requires or permits a risk
retention group to participate in any insurance insolvency guaranty
association to which an insurer licensed in the State is required to
belong.
(3) A State law, rule, or order which requires any insurance
policy issued to a risk retention group or any member of the group
to be countersigned by an insurance agent or broker residing in the
State.
(4) A State law, rule, or order which otherwise discriminates
against a risk retention group or any of its members.
(b) Exceptions
(1) State laws generally applicable
Nothing in subsection (a) of this section shall be construed to
affect the applicability of State laws generally applicable to
persons or corporations. The State in which a risk retention group
is chartered may regulate the formation and operation of the group.
(2) State regulations not subject to exemption
Subsection (a) of this section shall not apply to any State law
which requires a risk retention group to do any of the following:
(A) Comply with the unfair claim settlement practices law of
the State.
(B) Pay, on a nondiscriminatory basis, applicable premium
and other taxes which are levied on admitted insurers and
surplus line insurers, brokers, or policyholders under the laws
of the State.
(C) Participate, on a nondiscriminatory basis, in any
mechanism established or authorized under the law of the State
for the equitable apportionment among insurers of pollution
liability insurance losses and expenses incurred on policies
written through such mechanism.
(D) Submit to the appropriate authority reports and other
information required of licensed insurers under the laws of a
State relating solely to pollution liability insurance losses
and expenses.
(E) Register with and designate the State insurance
commissioner as its agent solely for the purpose of receiving
service of legal documents or process.
(F) Furnish, upon request, such commissioner a copy of any
financial report submitted by the risk retention group to the
commissioner of the chartering or licensing jurisdiction.
(G) Submit to an examination by the State insurance
commissioner in any State in which the group is doing business
to determine the groups financial condition, if--
(i) the commissioner has reason to believe the risk
retention group is in a financially impaired condition; and
(ii) the commissioner of the jurisdiction in which the
group is chartered has not begun or has refused to initiate
an examination of the group.
(H) Comply with a lawful order issued in a delinquency
proceeding commenced by the State insurance commissioner if the
commissioner of the jurisdiction in which the group is chartered
has failed to initiate such a proceeding after notice of a
finding of financial impairment under subparagraph (G).
(c) Application of exemptions
The exemptions specified in subsection (a) of this section apply
to--
(1) pollution liability insurance coverage provided by a risk
retention group for--
(A) such group; or
(B) any person who is a member of such group;
(2) the sale of pollution liability insurance coverage for a
risk retention group; and
(3) the provision of insurance related services or management
services for a risk retention group or any member of such a group.
(d) Agents or brokers
A State may require that a person acting, or offering to act, as an
agent or broker for a risk retention group obtain a license from that
State, except that a State may not impose any qualification or
requirement which discriminates against a nonresident agent or broker.
(Pub. L. 96-510, title IV, Sec. 403, as added Pub. L. 99-499, title II,
Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1717;
renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27, 1986,
100 Stat. 3177.)
Sec. 9674. Purchasing groups
(a) Exemption
Except as provided in this section, a purchasing group is exempt
from the following:
(1) A State law, rule, or order which prohibits the
establishment of a purchasing group.
(2) A State law, rule, or order which makes it unlawful for an
insurer to provide or offer to provide insurance on a basis
providing, to a purchasing group or its member, advantages, based on
their loss and expense experience, not afforded to other persons
with respect to rates, policy forms, coverages, or other matters.
(3) A State law, rule, or order which prohibits a purchasing
group or its members from purchasing insurance on the group basis
described in paragraph (2) of this subsection.
(4) A State law, rule, or order which prohibits a purchasing
group from obtaining insurance on a group basis because the group
has not been in existence for a minimum period of time or because
any member has not belonged to the group for a minimum period of
time.
(5) A State law, rule, or order which requires that a purchasing
group must have a minimum number of members, common ownership or
affiliation, or a certain legal form.
(6) A State law, rule, or order which requires that a certain
percentage of a purchasing group must obtain insurance on a group
basis.
(7) A State law, rule, or order which requires that any
insurance policy issued to a purchasing group or any members of the
group be countersigned by an insurance agent or broker residing in
that State.
(8) A State law, rule, or order which otherwise discriminate \1\
against a purchasing group or any of its members.
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\1\ So in original. Probably should be ``discriminates.
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(b) Application of exemptions
The exemptions specified in subsection (a) of this section apply to
the following:
(1) Pollution liability insurance, and comprehensive general
liability insurance which includes this coverage, provided to--
(A) a purchasing group; or
(B) any person who is a member of a purchasing group.
(2) The sale of any one of the following to a purchasing group
or a member of the group:
(A) Pollution liability insurance and comprehensive general
liability coverage.
(B) Insurance related services.
(C) Management services.
(c) Agents or brokers
A State may require that a person acting, or offering to act, as an
agent or broker for a purchasing group obtain a license from that State,
except that a State may not impose any qualification or requirement
which discriminates against a nonresident agent or broker.
(Pub. L. 96-510, title IV, Sec. 404, as added Pub. L. 99-499, title II,
Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1718;
renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27, 1986,
100 Stat. 3177.)
Sec. 9675. Applicability of securities laws
(a) Ownership interests
The ownership interests of members of a risk retention group shall
be considered to be--
(1) exempted securities for purposes of section 77e of title 15
and for purposes of section 78l of title 15; and
(2) securities for purposes of the provisions of section 77q of
title 15 and the provisions of section 78j of title 15.
(b) Investment Company Act
A risk retention group shall not be considered to be an investment
company for purposes of the Investment Company Act of 1940 (15 U.S.C.
80a-1 et seq.).
(c) Blue sky law
The ownership interests of members in a risk retention group shall
not be considered securities for purposes of any State blue sky law.
(Pub. L. 96-510, title IV, Sec. 405, as added Pub. L. 99-499, title II,
Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1719;
renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27, 1986,
100 Stat. 3177.)
References in Text
The Investment Company Act of 1940, referred to in subsec. (b), is
title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as amended, which
is classified generally to subchapter I (Sec. 80a-1 et seq.) of chapter
2D of Title 15, Commerce and Trade. For complete classification of this
Act to the Code, see section 80a-51 of Title 15 and Tables.
