Loading (50 kb)...'

(continued)
(1) The release or threatened release was primarily caused by
activities of the owner or operator of the equipment described in
subsection (a) of this section.
(2) The owner or operator of such equipment would be covered by
paragraph (1), (2), (3), or (4) of subsection (a) of section 9607
of this title with respect to such release or threatened release
if he were not the owner or operator of such equipment.

In the case of any release or threatened release referred to in
paragraph (1), the owner or operator of the equipment described in
subsection (a) of this section shall be liable under this chapter
only for costs or damages primarily caused by the activities of
such owner or operator.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 124, as added Pub. L. 99-499, title
I, Sec. 124(a), Oct. 17, 1986, 100 Stat. 1688.)

-End-



-CITE-
42 USC Sec. 9625 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION

-HEAD-
Sec. 9625. Section 6921(b)(3)(A)(i) waste

-STATUTE-
(a) Revision of hazard ranking system
This section shall apply only to facilities which are not
included or proposed for inclusion on the National Priorities List
and which contain substantial volumes of waste described in section
6921(b)(3)(A)(i) of this title. As expeditiously as practicable,
the President shall revise the hazard ranking system in effect
under the National Contingency Plan with respect to such facilities
in a manner which assures appropriate consideration of each of the
following site-specific characteristics of such facilities:
(1) The quantity, toxicity, and concentrations of hazardous
constituents which are present in such waste and a comparison
thereof with other wastes.
(2) The extent of, and potential for, release of such hazardous
constituents into the environment.
(3) The degree of risk to human health and the environment
posed by such constituents.
(b) Inclusion prohibited
Until the hazard ranking system is revised as required by this
section, the President may not include on the National Priorities
List any facility which contains substantial volumes of waste
described in section 6921(b)(3)(A)(i) of this title on the basis of
an evaluation made principally on the volume of such waste and not
on the concentrations of the hazardous constituents of such waste.
Nothing in this section shall be construed to affect the
President's authority to include any such facility on the National
Priorities List based on the presence of other substances at such
facility or to exercise any other authority of this chapter with
respect to such other substances.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 125, as added Pub. L. 99-499, title
I, Sec. 125, Oct. 17, 1986, 100 Stat. 1689.)

-End-



-CITE-
42 USC Sec. 9626 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION

-HEAD-
Sec. 9626. Indian tribes

-STATUTE-
(a) Treatment generally
The governing body of an Indian tribe shall be afforded
substantially the same treatment as a State with respect to the
provisions of section 9603(a) of this title (regarding notification
of releases), section 9604(c)(2) of this title (regarding
consultation on remedial actions), section 9604(e) of this title
(regarding access to information), section 9604(i) of this title
(regarding health authorities) and section 9605 of this title
(regarding roles and responsibilities under the national
contingency plan and submittal of priorities for remedial action,
but not including the provision regarding the inclusion of at least
one facility per State on the National Priorities List).
(b) Community relocation
Should the President determine that proper remedial action is the
permanent relocation of tribal members away from a contaminated
site because it is cost effective and necessary to protect their
health and welfare, such finding must be concurred in by the
affected tribal government before relocation shall occur. The
President, in cooperation with the Secretary of the Interior, shall
also assure that all benefits of the relocation program are
provided to the affected tribe and that alternative land of
equivalent value is available and satisfactory to the tribe. Any
lands acquired for relocation of tribal members shall be held in
trust by the United States for the benefit of the tribe.
(c) Study
The President shall conduct a survey, in consultation with the
Indian tribes, to determine the extent of hazardous waste sites on
Indian lands. Such survey shall be included within a report which
shall make recommendations on the program needs of tribes under
this chapter, with particular emphasis on how tribal participation
in the administration of such programs can be maximized. Such
report shall be submitted to Congress along with the President's
budget request for fiscal year 1988.
(d) Limitation
Notwithstanding any other provision of this chapter, no action
under this chapter by an Indian tribe shall be barred until the
later of the following:
(1) The applicable period of limitations has expired.
(2) 2 years after the United States, in its capacity as trustee
for the tribe, gives written notice to the governing body of the
tribe that it will not present a claim or commence an action on
behalf of the tribe or fails to present a claim or commence an
action within the time limitations specified in this chapter.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 126, as added Pub. L. 99-499, title
II, Sec. 207(e), Oct. 17, 1986, 100 Stat. 1706.)

-End-



-CITE-
42 USC Sec. 9627 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION

-HEAD-
Sec. 9627. Recycling transactions

-STATUTE-
(a) Liability clarification
(1) As provided in subsections (b), (c), (d), and (e) of this
section, a person who arranged for recycling of recyclable material
shall not be liable under sections 9607(a)(3) and 9607(a)(4) of
this title with respect to such material.
(2) A determination whether or not any person shall be liable
under section 9607(a)(3) of this title or section 9607(a)(4) of
this title for any material that is not a recyclable material as
that term is used in subsections (b) and (c), (d), or (e) of this
section shall be made, without regard to subsections )1(! (b), (c),
(d), or (e) of this section.

(b) Recyclable material defined
For purposes of this section, the term "recyclable material"
means scrap paper, scrap plastic, scrap glass, scrap textiles,
scrap rubber (other than whole tires), scrap metal, or spent
lead-acid, spent nickel-cadmium, and other spent batteries, as well
as minor amounts of material incident to or adhering to the scrap
material as a result of its normal and customary use prior to
becoming scrap; except that such term shall not include -
(1) shipping containers of a capacity from 30 liters to 3,000
liters, whether intact or not, having any hazardous substance
(but not metal bits and pieces or hazardous substance that form
an integral part of the container) contained in or adhering
thereto; or
(2) any item of material that contained polychlorinated
biphenyls at a concentration in excess of 50 parts per million or
any new standard promulgated pursuant to applicable Federal laws.
(c) Transactions involving scrap paper, plastic, glass, textiles,
or rubber
Transactions involving scrap paper, scrap plastic, scrap glass,
scrap textiles, or scrap rubber (other than whole tires) shall be
deemed to be arranging for recycling if the person who arranged for
the transaction (by selling recyclable material or otherwise
arranging for the recycling of recyclable material) can demonstrate
by a preponderance of the evidence that all of the following
criteria were met at the time of the transaction:
(1) The recyclable material met a commercial specification
grade.
(2) A market existed for the recyclable material.
(3) A substantial portion of the recyclable material was made
available for use as feedstock for the manufacture of a new
saleable product.
(4) The recyclable material could have been a replacement or
substitute for a virgin raw material, or the product to be made
from the recyclable material could have been a replacement or
substitute for a product made, in whole or in part, from a virgin
raw material.
(5) For transactions occurring 90 days or more after November
29, 1999, the person exercised reasonable care to determine that
the facility where the recyclable material was handled,
processed, reclaimed, or otherwise managed by another person
(hereinafter in this section referred to as a "consuming
facility") was in compliance with substantive (not procedural or
administrative) provisions of any Federal, State, or local
environmental law or regulation, or compliance order or decree
issued pursuant thereto, applicable to the handling, processing,
reclamation, storage, or other management activities associated
with recyclable material.
(6) For purposes of this subsection, "reasonable care" shall be
determined using criteria that include (but are not limited to) -

(A) the price paid in the recycling transaction;
(B) the ability of the person to detect the nature of the
consuming facility's operations concerning its handling,
processing, reclamation, or other management activities
associated with recyclable material; and
(C) the result of inquiries made to the appropriate Federal,
State, or local environmental agency (or agencies) regarding
the consuming facility's past and current compliance with
substantive (not procedural or administrative) provisions of
any Federal, State, or local environmental law or regulation,
or compliance order or decree issued pursuant thereto,
applicable to the handling, processing, reclamation, storage,
or other management activities associated with the recyclable
material. For the purposes of this paragraph, a requirement to
obtain a permit applicable to the handling, processing,
reclamation, or other management activity associated with the
recyclable materials shall be deemed to be a substantive
provision.
(d) Transactions involving scrap metal
(1) Transactions involving scrap metal shall be deemed to be
arranging for recycling if the person who arranged for the
transaction (by selling recyclable material or otherwise arranging
for the recycling of recyclable material) can demonstrate by a
preponderance of the evidence that at the time of the transaction -

(A) the person met the criteria set forth in subsection (c) of
this section with respect to the scrap metal;
(B) the person was in compliance with any applicable
regulations or standards regarding the storage, transport,
management, or other activities associated with the recycling of
scrap metal that the Administrator promulgates under the Solid
Waste Disposal Act [42 U.S.C. 6901 et seq.] subsequent to
November 29, 1999, and with regard to transactions occurring
after the effective date of such regulations or standards; and
(C) the person did not melt the scrap metal prior to the
transaction.

(2) For purposes of paragraph (1)(C), melting of scrap metal does
not include the thermal separation of 2 or more materials due to
differences in their melting points (referred to as "sweating").
(3) For purposes of this subsection, the term "scrap metal" means
bits and pieces of metal parts (e.g., bars, turnings, rods, sheets,
wire) or metal pieces that may be combined together with bolts or
soldering (e.g., radiators, scrap automobiles, railroad box cars),
which when worn or superfluous can be recycled, except for scrap
metals that the Administrator excludes from this definition by
regulation.
(e) Transactions involving batteries
Transactions involving spent lead-acid batteries, spent
nickel-cadmium batteries, or other spent batteries shall be deemed
to be arranging for recycling if the person who arranged for the
transaction (by selling recyclable material or otherwise arranging
for the recycling of recyclable material) can demonstrate by a
preponderance of the evidence that at the time of the transaction -

(1) the person met the criteria set forth in subsection (c) of
this section with respect to the spent lead-acid batteries, spent
nickel-cadmium batteries, or other spent batteries, but the
person did not recover the valuable components of such batteries;
and
(2)(A) with respect to transactions involving lead-acid
batteries, the person was in compliance with applicable Federal
environmental regulations or standards, and any amendments
thereto, regarding the storage, transport, management, or other
activities associated with the recycling of spent lead-acid
batteries;
(B) with respect to transactions involving nickel-cadmium
batteries, Federal environmental regulations or standards are in
effect regarding the storage, transport, management, or other
activities associated with the recycling of spent nickel-cadmium
batteries, and the person was in compliance with applicable
regulations or standards or any amendments thereto; or
(C) with respect to transactions involving other spent
batteries, Federal environmental regulations or standards are in
effect regarding the storage, transport, management, or other
activities associated with the recycling of such batteries, and
the person was in compliance with applicable regulations or
standards or any amendments thereto.
(f) Exclusions
(1) The exemptions set forth in subsections (c), (d), and (e) of
this section shall not apply if -
(A) the person had an objectively reasonable basis to believe
at the time of the recycling transaction -
(i) that the recyclable material would not be recycled;
(ii) that the recyclable material would be burned as fuel, or
for energy recovery or incineration; or
(iii) for transactions occurring before 90 days after
November 29, 1999, that the consuming facility was not in
compliance with a substantive (not procedural or
administrative) provision of any Federal, State, or local
environmental law or regulation, or compliance order or decree
issued pursuant thereto, applicable to the handling,
processing, reclamation, or other management activities
associated with the recyclable material;

(B) the person had reason to believe that hazardous substances
had been added to the recyclable material for purposes other than
processing for recycling; or
(C) the person failed to exercise reasonable care with respect
to the management and handling of the recyclable material
(including adhering to customary industry practices current at
the time of the recycling transaction designed to minimize,
through source control, contamination of the recyclable material
by hazardous substances).

(2) For purposes of this subsection, an objectively reasonable
basis for belief shall be determined using criteria that include
(but are not limited to) the size of the person's business,
customary industry practices (including customary industry
practices current at the time of the recycling transaction designed
to minimize, through source control, contamination of the
recyclable material by hazardous substances), the price paid in the
recycling transaction, and the ability of the person to detect the
nature of the consuming facility's operations concerning its
handling, processing, reclamation, or other management activities
associated with the recyclable material.
(3) For purposes of this subsection, a requirement to obtain a
permit applicable to the handling, processing, reclamation, or
other management activities associated with recyclable material
shall be deemed to be a substantive provision.
(g) Effect on other liability
Nothing in this section shall be deemed to affect the liability
of a person under paragraph (1) or (2) of section 9607(a) of this
title.
(h) Regulations
The Administrator has the authority, under section 9615 of this
title, to promulgate additional regulations concerning this
section.
(i) Effect on pending or concluded actions
The exemptions provided in this section shall not affect any
concluded judicial or administrative action or any pending judicial
action initiated by the United States prior to November 29, 1999.
(j) Liability for attorney's fees for certain actions
Any person who commences an action in contribution against a
person who is not liable by operation of this section shall be
liable to that person for all reasonable costs of defending that
action, including all reasonable attorney's and expert witness
fees.
(k) Relationship to liability under other laws
Nothing in this section shall affect -
(1) liability under any other Federal, State, or local statute
or regulation promulgated pursuant to any such statute, including
any requirements promulgated by the Administrator under the Solid
Waste Disposal Act [42 U.S.C. 6901 et seq.]; or
(2) the ability of the Administrator to promulgate regulations
under any other statute, including the Solid Waste Disposal Act.
(l) Limitation on statutory construction
Nothing in this section shall be construed to -
(1) affect any defenses or liabilities of any person to whom
subsection (a)(1) of this section does not apply; or
(2) create any presumption of liability against any person to
whom subsection (a)(1) of this section does not apply.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 127, as added Pub. L. 106-113, div.
B, Sec. 1000(a)(9) [title VI, Sec. 6001(b)(1)], Nov. 29, 1999, 113
Stat. 1536, 1501A-599.)

-REFTEXT-
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsecs. (d)(1)(B)
and (k), 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.


-MISC1-
SUPERFUND RECYCLING EQUITY; PURPOSES
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title VI, Sec.
6001(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-598, provided that:
"The purposes of this section [enacting this section] are -
"(1) to promote the reuse and recycling of scrap material in
furtherance of the goals of waste minimization and natural
resource conservation while protecting human health and the
environment;
"(2) to create greater equity in the statutory treatment of
recycled versus virgin materials; and
"(3) to remove the disincentives and impediments to recycling
created as an unintended consequence of the 1980 Superfund
liability provisions."

-FOOTNOTE-
)1(! So in original. Probably should be "subsection".


-End-



-CITE-
42 USC Sec. 9628 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION

-HEAD-
Sec. 9628. State response programs

-STATUTE-
(a) Assistance to States
(1) In general
(A) States
The Administrator may award a grant to a State or Indian
tribe that -
(i) has a response program that includes each of the
elements, or is taking reasonable steps to include each of
the elements, listed in paragraph (2); or
(ii) is a party to a memorandum of agreement with the
Administrator for voluntary response programs.
(B) Use of grants by States
(i) In general
A State or Indian tribe may use a grant under this
subsection to establish or enhance the response program of
the State or Indian tribe.
(ii) Additional uses
In addition to the uses under clause (i), a State or Indian
tribe may use a grant under this subsection to -
(I) capitalize a revolving loan fund for brownfield
remediation under section 9604(k)(3) of this title; or
(II) purchase insurance or develop a risk sharing pool,
an indemnity pool, or insurance mechanism to provide
financing for response actions under a State response
program.
(2) Elements
The elements of a State or Indian tribe response program
referred to in paragraph (1)(A)(i) are the following:
(A) Timely survey and inventory of brownfield sites in the
State.
(B) Oversight and enforcement authorities or other
mechanisms, and resources, that are adequate to ensure that -
(i) a response action will -
(I) protect human health and the environment; and
(II) be conducted in accordance with applicable Federal
and State law; and

(ii) if the person conducting the response action fails to
complete the necessary response activities, including
operation and maintenance or long-term monitoring activities,
the necessary response activities are completed.

(C) Mechanisms and resources to provide meaningful
opportunities for public participation, including -
(i) public access to documents that the State, Indian
tribe, or party conducting the cleanup is relying on or
developing in making cleanup decisions or conducting site
activities;
(ii) prior notice and opportunity for comment on proposed
cleanup plans and site activities; and
(iii) a mechanism by which -
(I) a person that is or may be affected by a release or
threatened release of a hazardous substance, pollutant, or
contaminant at a brownfield site located in the community
in which the person works or resides may request the
conduct of a site assessment; and
(II) an appropriate State official shall consider and
appropriately respond to a request under subclause (I).

(D) Mechanisms for approval of a cleanup plan, and a
requirement for verification by and certification or similar
documentation from the State, an Indian tribe, or a licensed
site professional to the person conducting a response action
indicating that the response is complete.
(3) Funding
There is authorized to be appropriated to carry out this
subsection $50,000,000 for each of fiscal years 2002 through
2006.
(b) Enforcement in cases of a release subject to State program
(1) Enforcement
(A) In general
Except as provided in subparagraph (B) and subject to
subparagraph (C), in the case of an eligible response site at
which -
(i) there is a release or threatened release of a hazardous
substance, pollutant, or contaminant; and
(ii) a person is conducting or has completed a response
action regarding the specific release that is addressed by
the response action that is in compliance with the State
program that specifically governs response actions for the
protection of public health and the environment,

the President may not use authority under this chapter to take
an administrative or judicial enforcement action under section
9606(a) of this title or to take a judicial enforcement action
to recover response costs under section 9607(a) of this title
against the person regarding the specific release that is
addressed by the response action.
(B) Exceptions
The President may bring an administrative or judicial
enforcement action under this chapter during or after
completion of a response action described in subparagraph (A)
with respect to a release or threatened release at an eligible
response site described in that subparagraph if -
(i) the State requests that the President provide
assistance in the performance of a response action;
(ii) the Administrator determines that contamination has
migrated or will migrate across a State line, resulting in
the need for further response action to protect human health
or the environment, or the President determines that
contamination has migrated or is likely to migrate onto
property subject to the jurisdiction, custody, or control of
a department, agency, or instrumentality of the United States
and may impact the authorized purposes of the Federal
property;
(iii) after taking into consideration the response
activities already taken, the Administrator determines that -

(I) a release or threatened release may present an
imminent and substantial endangerment to public health or
welfare or the environment; and
(II) additional response actions are likely to be
necessary to address, prevent, limit, or mitigate the
release or threatened release; or

(iv) the Administrator, after consultation with the State,
determines that information, that on the earlier of the date
on which cleanup was approved or completed, was not known by
the State, as recorded in documents prepared or relied on in
selecting or conducting the cleanup, has been discovered
regarding the contamination or conditions at a facility such
that the contamination or conditions at the facility present
a threat requiring further remediation to protect public
health or welfare or the environment. Consultation with the
State shall not limit the ability of the Administrator to
make this determination.
(C) Public record
The limitations on the authority of the President under
subparagraph (A) apply only at sites in States that maintain,
update not less than annually, and make available to the public
a record of sites, by name and location, at which response
actions have been completed in the previous year and are
planned to be addressed under the State program that
specifically governs response actions for the protection of
public health and the environment in the upcoming year. The
public record shall identify whether or not the site, on
completion of the response action, will be suitable for
unrestricted use and, if not, shall identify the institutional
controls relied on in the remedy. Each State and tribe
receiving financial assistance under subsection (a) of this
section shall maintain and make available to the public a
record of sites as provided in this paragraph.
(D) EPA notification
(i) In general
In the case of an eligible response site at which there is
a release or threatened release of a hazardous substance,
pollutant, or contaminant and for which the Administrator
intends to carry out an action that may be barred under
subparagraph (A), the Administrator shall -
(I) notify the State of the action the Administrator
intends to take; and
(II)(aa) wait 48 hours for a reply from the State under
clause (ii); or
(bb) if the State fails to reply to the notification or
if the Administrator makes a determination under clause
(iii), take immediate action under that clause.
(ii) State reply
Not later than 48 hours after a State receives notice from
the Administrator under clause (i), the State shall notify
the Administrator if -
(I) the release at the eligible response site is or has
been subject to a cleanup conducted under a State program;
and
(II) the State is planning to abate the release or
threatened release, any actions that are planned.
(iii) Immediate Federal action
The Administrator may take action immediately after giving
notification under clause (i) without waiting for a State
reply under clause (ii) if the Administrator determines that
one or more exceptions under subparagraph (B) are met.
(E) Report to Congress
Not later than 90 days after the date of initiation of any
enforcement action by the President under clause (ii), (iii),
or (iv) of subparagraph (B), the President shall submit to
Congress a report describing the basis for the enforcement
action, including specific references to the facts
demonstrating that enforcement action is permitted under
subparagraph (B).
(2) Savings provision
(A) Costs incurred prior to limitations
Nothing in paragraph (1) precludes the President from seeking
to recover costs incurred prior to January 11, 2002, or during
a period in which the limitations of paragraph (1)(A) were not
applicable.
(B) Effect on agreements between States and EPA
Nothing in paragraph (1) -
(i) modifies or otherwise affects a memorandum of
agreement, memorandum of understanding, or any similar
agreement relating to this chapter between a State agency or
an Indian tribe and the Administrator that is in effect on or
before January 11, 2002 (which agreement shall remain in
effect, subject to the terms of the agreement); or
(ii) limits the discretionary authority of the President to
enter into or modify an agreement with a State, an Indian
tribe, or any other person relating to the implementation by
the President of statutory authorities.
(3) Effective date
This subsection applies only to response actions conducted
after February 15, 2001.
(c) Effect on Federal laws
Nothing in this section affects any liability or response
authority under any Federal law, including -
(1) this chapter, except as provided in subsection (b) of this
section;
(2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.);
(4) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);
and
(5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).

-SOURCE-
(Pub. L. 96-510, title I, Sec. 128, as added Pub. L. 107-118, title
II, Sec. 231(b), Jan. 11, 2002, 115 Stat. 2375.)

-REFTEXT-
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsec. (c)(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 Water Pollution Control Act, referred to in subsec.
(c)(3), is act June 30, 1948, ch. 758, as amended generally by Pub.
L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified
generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation
and Navigable Waters. For complete classification of this Act to
the Code, see Short Title note set out under section 1251 of Title
33 and Tables.
The Toxic Substances Control Act, referred to in subsec. (c)(4),
is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as amended, which
is classified generally to chapter 53 (Sec. 2601 et seq.) of Title
15, Commerce and Trade. For complete classification of this Act to
the Code, see Short Title note set out under section 2601 of Title
15 and Tables.
The Safe Drinking Water Act, referred to in subsec. (c)(5), is
title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.
93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified
generally to subchapter XII (Sec. 300f 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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9601 of this title.

-End-


-CITE-
42 USC SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE
REVENUE 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE

-HEAD-
SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE

-End-


-CITE-
42 USC Part A - Hazardous Substance Response Trust Fund 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE
Part A - Hazardous Substance Response Trust Fund

-HEAD-
PART A - HAZARDOUS SUBSTANCE RESPONSE TRUST FUND

-End-



-CITE-
42 USC Secs. 9631 to 9633 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE
Part A - Hazardous Substance Response Trust Fund

-HEAD-
Secs. 9631 to 9633. Repealed. Pub. L. 99-499, title V, Sec.
517(c)(1), Oct. 17, 1986, 100 Stat. 1774

-MISC1-
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.

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-CITE-
42 USC Part B - Post-closure Liability Trust Fund 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE
Part B - Post-closure Liability Trust Fund

-HEAD-
PART B - POST-CLOSURE LIABILITY TRUST FUND

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-CITE-
42 USC Sec. 9641 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE
Part B - Post-closure Liability Trust Fund

-HEAD-
Sec. 9641. Repealed. Pub. L. 99-499, title V, Sec. 514(b), Oct. 17,
1986, 100 Stat. 1767

-MISC1-
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."

-End-


-CITE-
42 USC SUBCHAPTER III - MISCELLANEOUS PROVISIONS 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-End-



-CITE-
42 USC Sec. 9651 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 9651. Reports and studies

-STATUTE-
(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 Nation's balance of trade with other
countries;

(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) Aspart of their review of the adequacy of existing common (continued)