H.R.2817 - Superfund Amendments of 198599th Congress (1985-1986)
|Sponsor:||Rep. Eckart, Dennis E. [D-OH-11] (Introduced 06/20/1985)|
|Committees:||House - Energy and Commerce; Public Works and Transportation; Ways and Means; Judiciary; Merchant Marine and Fisheries|
|Committee Reports:||H.Rept 99-253 Part 1; H.Rept 99-253 Part 2; H.Rept 99-253 Part 3; H.Rept 99-253 Part 4; H.Rept 99-253 Part 5|
|Latest Action:||House - 12/11/1985 Laid on Table in House by Voice Vote. (All Actions)|
|Roll Call Votes:||There have been 7 roll call votes|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed House
Summary: H.R.2817 — 99th Congress (1985-1986)All Information (Except Text)
(Measure passed House, amended (Inserted text of H.R. 3852), roll call #447 (391-33))
Passed House amended (12/10/1985)
Superfund Amendments of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to direct the Administrator of the Environmental Protection Agency (EPA) to establish reportable quantities for all hazardous substances by December 31, 1986. Directs the Administrator to give primary attention to releases which may present a threat to public health. Grants the Administrator discretion to decide when responsible parties are authorized to conduct cleanup actions in lieu of Superfund-financed responses. Requires short-term removal actions undertaken by the Administrator to contribute to the degree possible to the efficient performance of any long-term action. Requires coordinated action among Federal and State natural resources trustees when hazardous substance releases threaten such resources.
Requires States to assure the availability of hazardous waste disposal facilities sufficient for the next 20 year's wastes.
Credits States with expenditures made at National Priorities List (NPL) sites on cost-eligible response actions. Revises other State cost-sharing measures.
Treats long-term cleanup of groundwater or surface water as part of the costs of remedial action.
Grants EPA employees or contractors the necessary access to facilities and information to determine if the need for a response action exists.
Prescribes a cleanup schedule for Superfund, requiring the Administrator to list at least 1,600 facilities on the NPL by January 1, 1988. Sets a schedule for the conduct of remedial investigations and feasibility studies (RIFS) and remedial actions at NPL sites. Requires remedial actions at currently listed NPL sites to be completed within five years or, if not completed, requires a published explanation of such noncompletion.
Directs the Administrator to revise the National Contingency Plan (NCP) within 18 months to reflect this Act's amendments. Requires the review of the hazard ranking system within one year. Permits individuals to petition the Administrator for a preliminary hazard assessment at a site. Includes contamination of the ambient air and damage to the human food chain as criteria for ranking a hazard.
Requires the Administrator to consider using qualified minority firms for contracts under this Act.
Prohibits the Administrator from taking abatement action against any release resulting from an applied pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act.
Includes all vessels releasing hazardous substances within the jurisdiction of the United States under the liability provisions of CERCLA.
Makes certain investigatory and assessment costs recoverable from the responsible party. Exempts from liability for all but negligent actions of government agencies responding to a hazardous substance emergency.
Directs the Administrator and each Governor to appoint Federal and State trustees, respectively, for natural resources, creating a rebuttable presumption that their assessment of damages to such resources is valid.
States that cleanup costs incurred in a response action constitute a Federal lien against the property of a responsible party, except as specified.
Sets forth evidentiary requirements for establishing financial responsibility. Permits direct action against a financial guarantor if the person liable is financially or physically unavailable for redress.
Entitles such a guarantor to all rights and defenses available to the liable party. Limits the liability of such guarantor to its financial responsibility to the responsible party.
Increases criminal penalties and adds certain civil penalties for violations of this Act, including failure to provide accurate information at specified times. Authorizes a reward for information leading to a criminal conviction under this Act.
Authorizes appropriations of $1,830,000,000 for each of FY 1986 through 1990 from Superfund, establishing the Fund level. Authorizes the use of Superfund monies for the authorities created by this Act. Eliminates the use of Superfund for payment of natural resource damage claims, except as specified.
Revises auditing procedures to require annual audits and reports to the Congress by the Inspector General.
Authorizes appropriations out of general revenues for Superfund for FY 1986 through 1990 of $250,000,000 per year.
Establishs a six-year statute of limitations for Superfund claims, setting forth special rules for minors and incompetents.
Authorizes nationwide service of process under CERCLA. Establishes a three year statute of limitations for the initiation of actions for contribution for response costs of damages and for recovery claims for for damages to natural resources. Establishs a six-year statute of limitations for cost recovery actions.
Prohibits pre-enforcement review of a removal action, except as specified. Limits judicial review of Federal decisions under this Act to the administrative record. Establishes new procedures for reimbursement of costs and provides opportunities for judicial review of administrative orders once the response action is completed.
Authorizes a State to require contributions to a fund to pay the costs of hazardous substance response actions or damages.
Establishes within the Public Health Service the Agency for Toxic Substances and Disease Registry (ATSDR), headed by an Administrator. Requires ATSDR to implement the health-related authorities of this Act.
Directs such Administrator to establish and maintain a listing of areas closed to the public or otherwise restricted in use because of contamination by hazardous substances or pollutants or contaminants.
Directs the Administrators of EPA and ATSDR to list and periodically revise a list of hazardous substance (includes pollutants or contaminants to the degree they are determined to be hazardous.) Directs the Administrator of ATSDR to establish and maintain an inventory of information on the health effects of each listed substance. Requires such Administrator to also develop toxicological profiles for each substance, assessing the current state of knowledge of their deleterious effects, and revising such profiles at least every three years. Requires the Administrator to initiate research where inadequate information on a substance is available. Requires Federal coordination of research efforts.
Requires the Administrator of ATSDR to perform a health assessment for each NPL facility where a significant possibility exists that a human population has been exposed to a hazardous substance existing at such facility and a significant threat of adverse health effects exists. Bases the selection of such facilities on criteria developed by the Administrator of EPA. Permits the Administrator of ATSDR to conduct health assessments at other facilities as well. Authorizes individuals to petition the Administrator of EPA for a health assessment of a site where evidence of human exposure to hazardous substances exists. Requires the completion of health assessments before the completion of remedial investigation and feasibility studies (RIFS) whenever possible. Grants priority to those sites where the potential risk to human health appears highest.
Requires State or local officials conducting a health assessment to report the results and recommendations to the Administrators. Requires the Administrator of ATSDR to provide the affected State and the Administrator of EPA with the results and recommendations of any ATSDR assessment. Includes the costs of an assessment among recoverable cleanup costs whenever such assessment reveals human exposure to a hazardous substance.
Directs the Administrator of ATSDR to conduct a pilot study of health effects of exposure whenever justified by an assessment to determine if full scale epidemiological studies are appropriate. Requires the Administrator to establish a registry of exposted persons if appropriate. Directs the Administrator to initiate a health surveillance program for an exposed population if justified by an epidemiological study or exposure registry. Requires the Administrator to report biennially to the Administrator of EPA and ATSDR's activities under this Act.
Directs the Administrator of EPA to abate significant risks to the human population through exposure by providing alternate household water or relocation of individuals.
Requires peer review of all ATSDR studies and research. Requires the Administrator of ATSDR to provide States and health professionals with educational materials on exposure-related issues.
Requires the Administrator of EPA to provide a reasonable opportunity for public comment on any proposed plan for remedial action before it is implemented. Requires the Administrator to publish an explanation of any divergences from such plan or public comments. Authorizes the Administrator to make assistance available to affected individuals to help them evaluate and assess technical information and data.
Prohibits the Administrator from taking a response action to certain types of releases unless such releases constitute a public health or environmental emergency. Prohibits response to releases: (1) of naturally occurring substances; (2) of building products; (3) into drinking water supply systems due to ordinary deterioration; and (4) from specified coal mining sites. Grants highest cleanup priority to releases which have contaminated or closed a sole or principal drinking water source.
Requires the Administrator to make a grant to New Jersey for the removal and storage of radon-contaminated soil.
Requires the consideration of certain factors when adopting offsite remedies, including the long-term risks and uncertainties of land disposal.
Requires a study of the shortage of skilled personnel at EPA to administer this Act.
Exempts response-action contractors from liability for nonnegligent cleanup activities if they would not otherwise have been liable, including State employees who assist such contractors in their official capacity. Opens competition for response-actions to all interested contractors, subject to Federal and State requirements.
Includes Federal facilities under CERCLA as if they were private facilities, except for certain financial responsibility and time period provisions. Applies the relevant State law when a Federal facility is not on the NPL. Requires the Administrator to establish a Federal Agency Hazardous Waste Compliance Docket for each Federal agency and department which will include information on off-site contamination and monitoring data, and releases of reportable quantities of hazardous substances. Requires that such information be made available to the public. Requires the Administrator to evaluate certain Federal facilities by January 31, 1987, for placement on the NPL, using NCP criteria. Requires the commencement of a RIFS within six months of a Federal site's placement on the NPL. Directs the Administrator to review the RIF and enter into interagency agreements for cleanup when necessary, allowing for public participation. Requires each agency to report annually to the Congress on its implementation progress. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored. Authorizes a State to act as an on-scene coordinator at EPA expense for Federal facility cleanups in such State.
Sets forth special rules to protect national security at defense facilities needing cleanup.
Requires the Administrator to select appropriate cost-effective remedial actions in accordance with the NCP. Requires remedial actions selected to provide sufficient control or amelioration of the hazardous substance so as to protect human health and the environment. Requires such measures to take into account the long-term effectiveness of the solution and the alternative technologies available to the maximum extend possible. Requires sites with non-permanent cleanup solutions to be placed on an interim list on the NPL. Requires a standard of control at least as strict as that provided by any other applicable Federal environmental law for onsite disposal. Requires offsite disposal to be in compliance with the relevant provisions of the Solid Waste Disposal Act. Permits waivers of otherwise applicable requirements under specified conditions. Requires compliance with certain otherwise applicable permit requirements for offsite and Federal site disposal, but not for onsite disposal, particulary where authorized mobile incinerators are used. Requires States to pay any difference in costs for requiring a cleanup to achieve a standard more stringent than the Federal standard. Sets forth cooperative procedures between a State and EPA to determine which remedial action or siting will be followed under this Act, and who will bear what costs.
Establishes standards of treatment technology for dioxin wastes. Requires a value engineering review of the cost-effectiveness of response actions in excess of $4,000,000 dollars.
Authorizes the Administrator to enter into agreements whereby the releasor or any potentially responsible conducts the remedial response. Permits the Administrator to fund part of such response. Limits the liability of the cleaning up party to that specified in the agreement. Permits the Administrator to take action against any person not a party to such agreement. Enters such agreements in the appropriate U.S. district court as consent agreements, enforceable as such.
Directs the Administrator to notify potentially responsible parties of each other's identities and of the seriousness of the necessary cleanup, providing a moratorium on the commencement of remedial action for a specified period after such notice has been given. Grants notified persons an opportunity to submit a proposal to the Administrator for the undertaking or financing of remedial action. Permits the Administrator to commence remedial action if no good faith proposal is forthcoming within a specified period. Authorizes the Administrator to proceed on remedial action where a significant public health threat exists regardless of the status of negotiations. Authorizes the Administrator to agree to refrain from pursuing any future liability of a person if an approved response action would be expedited and the person is in full compliance with the consent decree. Permits such an agreement only in the public interest after an evaluation of the effectiveness of the remedy and the nature of the remaining risks. Places premiums from such agreements into the Goundwater and Surface Water Protection Fund for future remedial actions at other facilities. Permits the Administrator to settle with persons whose share of response costs is not substantial. Authorizes EPA to settle certain claims not yet referred to the Department of Justice. Permits arbitration to promulgate rules setting out procedures under which the Administrator would reimburse local governments for expenses incurred in carrying out temporary emergency measures necessary to prevent or mitigate injury to public health or the environment associated with the release or threatened release of hazardous substances or pollutants or contaminants.
Exempts from Superfund liability landfill gas operators at facilities where such operators are recovering gas. Excludes such operators from coverage under the Solid Waste Disposal Act, except as specified.
Requires the Administrator to revise the Hazard Ranking System as it applies to facilities that contain substantial volumes of wastes that relate to the combustion of coal or other fossil fuels. Prohibits the addition of facilities to the NPL on the basis of the volume of such waste until such revision is completed.
Requires the Secretary of Labor to promulgate worker protection standards for the protection of government and nongovernment employees engaged in hazardous waste operations. Authorizes appropriations for FY 1986 through 1990.
Establishes liability limits for ocean incineration vessels under CERCLA. Authorizes the Administrator to require additional evidence of financial responsibility for such vessels.
Title II: Miscellaneous Provisions - Terminates the Post-Closure Liability Fund's responsibility to fund the cleanup of already closed sites where hazardous waste was stored in compliance with the Solid Waste Disposal Act. Directs the Comptroller General to conduct a study of options for a program for the management of the liabilities associated with hazardous waste disposal sites after their closure.
Provides for the additional regulation of hazardous substances under the Hazardous Materials Transportation Act.
Establishes a federally-required commencement date for the running of State statutes of limitations for injury or damages caused by exposure to a hazardous substance, pollutant, or contaminant. Makes such date the time a plaintiff should reasonably have known exposure to such a substance caused or contributed to a personal injury.
Renames the Hazardous Substance Response Trust Fund the Hazardous Substances Superfund.
Amends the Solid Waste Disposal Act to authorize the Administrator to provide for the cleanup of leaking underground storage tanks. Requires the Administrator to use funds in the Leaking Underground Storage Tank Trust Fund for such purposes, but holds the owners and operators of such tanks strictly liable for such costs. Authorizes State implementation of such authority under specified conditions, authorizing the Administrator to make grants to such States for such purpose. Directs the Comptroller General to study the availability of of pollution liability insurance for owners and operators of such tanks.
Authorizes citizen suits against violators of this Act, including the Administrator and other government officials who have failed to perform nondiscretionary duties. Permits citizen suits against nongovernment officials in the Federal district court in which the violation occurred. Permits citizen suits against any Federal official only in the U.S. District Court for the District of Columbia. Empowers such courts to impose civil penalties and to order the performance of required Acts. Requires plaintiffs to give notice to the Administrator, the alleged violator, and the State in which the violation occurred before commencing proceedings. Prohibits citizen suit where the Administrator has commenced and is pursuing an enforcement action. Permits the awarding of court costs to the substantially prevailing party. States that the United States may intervene as a matter of rights in all citizen suits in which it is not otherwise a party.
Requires the Federal Government to provide the assurances that it will pay a share of the remedial action and maintenance costs of a cleanup on Indian lands that is otherwise required to be made by a State. Authorizes Indian tribes to recover damages for injury to natural resources from hazardous substance releases, except as specified. Includes Indian tribes on the same basis as States under certain provisions of CERCLA. Prohibits the relocation of tribal members because of site contamination without the Tribe's approval. Directs the Administrator to study and report to the Congress on the extent of hazardous waste sites on Indian lands. Establishes a statute of limitations for Indian claims for environmental damages to their lands.
Requires the Administrator to commence a study on the adverse effects of drilling fluids, produced waters, and other wastes associated with the production of crude oil or natural gas on human health and the environment within six months of this Act's enactment.
Directs the Comptroller General to appoint a study group to determine the insurability of the liability of persons who generate hazardous substances, own or operate facilities liable for costs under CERCLA, or are liable for harm to persons or property caused by the release of such substances into the environment. Requires the delivery of such report to the Congress within 18 months.
Authorizes the formation of risk retention groups of corporations or insurance companies to assume and spread the pollution liability of its group members. Sets forth the relationship of such groups to State laws, insurance laws, and securities laws.
Directs the Administrator to review State programs for the protection of public health and the environment where the annular injection of brines associated with oil and gas production is permitted. Requires the Administrator to order enforcement or corrective action as necessary. Requires completion of such review within 18 months of this Act's enactment.
Establishes a comprehensive and coordinated Federal program of research, development, demonstration, and training to develop alternative and innovative treatment technologies for response actions under Superfund.
Establishes a basic university research and education program within the Department of Health and Human Services and a research, demonstration, and training program within EPA. Establishes an advisory council.
Directs the Secretary of Defense to carry out a program of environmental restoration on lands under the Secretary's jurisdiction through response and remedial actions covered by CERCLA. Requires the Secretary to report annually to the Congress on such program. Permits otherwise unauthorized military construction projects if ncessary for a response action.
Requires annual oversight hearings at least annually on CERCLA.
Directs the Administrator to identify and assess the location and level of radon gas and radon daughters in naturally occurring deposits of uranium collecting in residences and structures. Requires the Administrator to conduct a demonstration program on methods to reduce or eliminate the threat and to report to the Congress by December 31, 1988, on the final results. Authorizes appropriations for FY 1986 through 1988.
Directs the Administrator to study and report to the Congress on problems associated with the use of hazardous substances hauling vehicles for other purposes.
Directs the Administrator to make grants to New York State to acquire lands within the Love Canal Emergency Declaration Area. Requires that a habitability study be done on such lands.
Title III: Emergency Planning and Community Right to Know - Subtitle A: Emergency Planning - Directs each Governor to appoint an emergency response commission to supervise and coordinate local emergency response committees appointed by the State commission to develop and, when, necessary, implement an emergency response plan for hazardous substance emergencies arising out of activities carried on within such district.
Subtitle B: Notification Requirements - Requires owners and operators of facilities which produce, use, or store hazardous chemicals to file with local and State officials and periodically revise a material safety data sheet for each hazardous chemical.
Requires such owners and operators to supply such information to any other facility owner or operator who is receiving shipments of such chemicals.
Requires such owners and operators to prepare, periodically revise, and submit to the location, and exposure symptoms for each covered hazardous substance. Requires such report to include emergency notification procedures and telephone numbers of the appropriate emergency response personnel. Sets forth procedures for compiling the list of covered substances.
Requires an extremely toxic substance status sheet for each extremely toxic substance present at a facility and for specified substances suspected of causing serious health problems in humans, including cancer and birth defects. Sets forth procedures for compiling the list of extremely toxic substances, requiring the use of the Acute Hazards List in the absence of such compilation.
Requires owners and operators to maintain records of such information and to make such information available to the public and health professionals. Sets forth exemptions to such requirements and conditions for specified uses of such information.
Requires the owner or operator of a facility having a hazardous substance emergency to immediately notify the appropriate authorities according to the Plan, including providing an emergency bulletin for the community which provides sufficient chemical and response information to inform the public of the nature of the crisis.
Subtitle C: General Provision - Preempts State and local law in the areas of chemical hazard communication.
Establishes civil penalties for violations of these requirements and provides for court-ordered enforcement of the medical information provisions.
Permits owners and operators to withhold trade secret information from their material safety data sheets, but not from medical personnel.
Excludes from the requirements of this title the transportation of any hazardous substance.
Authorizes existing Federal emergency training programs to provide training programs for government personnel in hazard mitigation, emergency preparedness, and other aspects of emergency training with response to hazardous chemical emergencies specifically in mind. Authorizes appropriations to the Federal Emergency Management Agency for FY 1986 through 1990 for such purpose.
Requires the Administrator to carry out a pilot program for testing methods to determine emissions from facilities of covered substances. Authorizes appropriations.
Title IV: Comprehensive Oil Pollution Liability and Compensation - Comprehensive Oil Pollution Liability And Compensation Act - Subtitle A: Oil Pollution Liability and Compensation - States that this title is inapplicable to the United States regarding oil pollution damages during any period in which both the International Convention on Civil Liability for Oil Pollution Damage, 1984 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1984 are in force with respect to the United States and compensation is available.
Permits claims for damages for economic loss arising from oil pollution for: (1) removal costs; (2) injury to or destruction of real or personal property; (3) reasonable costs incurred in assessing injury or destruction of natural resources and in planning, restoring, or acquiring the equivalent of the damaged resources; (4) loss of subsistence use of natural resources; (5) loss of profits or impairment of earning capacity due to such injury or destruction; and (6) loss of tax revenue for a period of one year due to injury to real or personal property. Specifies the potential claimants who have standing to assert claims involving such damages.
Imposes joint, several, and strict liability on the party responsible for the source of oil pollution. Specifies liability limits (except in cases of gross negligence or willful misconduct) for vessels. Sets forth defenses to liability. Makes the Oil Spill Liability Trust Fund established under subtitle B of this Act liable for damages not otherwise compensated.
Requires the responsible party for certain vessels over 300 gross tons and the party responsible for offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Limits the liability of a guarantor to the aggregate amount of financial responsibility that the guarantor provided.
Specifies procedures whereby the Secretary of Transportation shall designate oil pollution sources.
Directs the Secretary to advertise claims to be presented initially to the responsible party or to such person's guarantor, in instances in which: (1) the responsible party and guarantor both deny involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source.
Permits claimants either to present a claim to the Fund or to bring an action in an appropriate U.S. court if liability is denied or the claim is not settled within a specified period. Permits States to have accelerated access to funds for compensation for cleanup costs incurred by such States as a result of an oil spill.
Sets forth procedures for the disposition and appeal of claims submitted to the Fund.
Requires both the plaintiff and the defendant in a court action brought against a responsible party or guarantor to forward copies of all pleadings to the Fund. Permits the Fund to intervene in such actions. Requires a claim to be represented within three years of discovery of an economic loss, or within six years of the date of the incident, which ever is earlier.
Subrogates any person, including the Fund, to all the claimant's claims and rights under this title. Sets forth the measure of recovery for actions brought by the fund against any responsible party or guarantor.
Grants U.S. district courts exclusive original jurisdiction over all controversies arising under subtitles A, B, and C of this Act, without regard to the citizenship of the parties or the amount in controversy.
Makes the rights and remedies under this title exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment).
Sets penalties for persons failing to comply with specified provisions in this Act.
Authorizes appropriations for this title.
Subtitle B: Report and Coordination With Other Provisions - Requires the Secretary to report annually to the Congress on the activities of the Oil Spill Liability Trust Fund. Provides that if the balance of any fund is to be transferred to the fund, any claim arising before the effective date of the transfer shall be paid from the Fund.
Subtitle C: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act.
Eliminates the Trans-Alaska Pipeline Liability Fund and provides that all unused assets of such Fund shall be rebated directly to the operator of the Trans-Alaska oil pipeline for pro-rata payments to those owners who had paid into such Fund.
Makes the Oil Spill Liability Trust Fund available for activities relating to oil pollution.
Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, the Intervention on the High Seas Act, the Outer Continental Shelf Lands Act Amendments of 1978 and the Trans-Alaska Pipeline Authorization Act, to conform with the provisions of this Act. Transfers to the Oil Spill Liability Trust Fund amounts remaining in the Deepwater Port Liability Funds and the Offshore Oil Pollution Compensation Fund (both having been eliminated by the above repeals).
Subtitle D: Implementation of Conventions - Recognizes the International Oil Pollution Compensation Fund (International Fund) as a legal person under the laws of the United States.
Requires, in any action brought in the United States against the owner of a ship or his guarantor under the International convention on Civil Liability for Oil Pollution Damage, that the International Fund and the Marine Oil Pollution Compensation Fund be served a copy of the complaint and any subsequent plelading. Entitles the International Fund to intervene as a party in any such action.
Exempts the International Fund from all direct taxation in the United States.
Requires any contribution to the International Fund to be paid from the Oil Spill Liability Trust Fund.
Sets forth the jurisdiction of the U.S. district courts for controversies arising under the Civil Liability Convention or the International Fund convention.
Requires U.S. courts to recognize final judgements of courts of nations which are a part to the Civil Liability Convention or the International Fund Convention.
Requires the owner of each U.S. documented ship, or any ship, wherever registered, which enters or leaves a U.S. port or terminal carrying more than 2,000 tons of oil in bulk as cargo to establish and maintain evidence of financial responsibility in amounts sufficient to cover the maximum liability arising from one incident under the Civil Liability Convention. Imposes a civil penalty for noncompliance with such financial responsibility requirement.
States that the United States waives all defenses based on its status as a sovereign state with respect to any controversy arising under the Civil Liability Convention or the International Fund Convention relating to any ship owned by the United States and used for commercial purposes.
Title V: Amendments to the International Revenue Code of 1954 - Part I: Superfund and Its Revenue Sources - Superfund Revenue Act of 1985 - Amends the Internal Revenue Code to increase and extend the environmental tax on petroleum and certain chemicals for five years, through FY 1990. Includes lead as a taxable chemical. Provides for inflation adjustments for such tax. Creates an exemption for: (1) exports: (2) lead having transitory presence during the extraction process; (3) certain recycled chemicals such as chromium, cobalt, nickel, and lead; and (4) animal feed substances. Provides a special rule for the treatment of xylene and nitric acid. Repeals the exemption for chemical derived from coal.
Repeals the Post-closure Tax and Trust Fund of the Hazardous Substance Response Revenue Act of 1980.
Imposes a tax for FY 1986 through 1990 in increasing amounts on: (1) the receipt of hazardous waste at a qualified hazardous waste management unit or the receipt of such waste for ocean disposal; or (2) on the exportation of such waste. Sets forth exemptions for certain removal and remedial action under the Solid Waste Disposal Act or CERCLA for waste received at any Federal facility, and for waste received at waste water treatment units. Allows credits for incineration, qualified chemical fuels, and recycled batteries. Applies the tax while corrective action at a facility is uncompleted.
Imposes a tax on hazardous waste which has not been received for disposal within 270 days of its generation. Sets forth specified exemptions, including small generators.
Requires persons subject to these taxes to submit to the Secretary of the Treasury any required information, including information submitted to the Administrator under the Solid Waste Disposal Act. Imposes penalties for violations of such and other information requirements. Imposes other penalties for violations of these tax requirements, including a negligence penalty.
Imposes a tax through FY 1990 on any taxable substance (a substance whose value is more than 50 percent derived from petroleum or taxable chemicals) sold or used by its importer. Exempts substances already taxed as petroleum or feedstock chemicals.
Establishes in the Treasury the Hazardous Substance Superfund. Authorizes appropriations to Superfund for FY 1986 through FY 1990. States that such Fund replaces the Hazardous Substance Response Trust Fund.
Part II: Leaking Underground Storage Tank Trust Fund and Its Revenue Sources - Imposes an additional tax on gasoline, diesel fuel, and special motor fuels. Earmarks funds for the Leaking Underground Storage Tank Trust Fund. Establishes in the Treasury the Leaking Underground Storage Tank Trust Fund to be the sole sources of revenue for cleaning up such tanks.
Part III: Oil Spill Liability Trust Fund and U.S. Revenue Sources - Increases the environmental tax on petroleum, including an increase to fund the Oil Spill Liability Trust Fund.
Establishes such Fund in the Treasury, transferring funds from under the Comprehensive Oil Pollution Liability and Compensation Act, the Deep Water Liability Fund, and the Offshore Oil Pollution Compensation Fund. Makes such monies available for removal costs under such Acts and for contributions to the International Fund of the Comprehensive Oil Pollution Liability and Compensation Act. Sets forth administrative provisions for such Fund.
Part IV: Studies - Directs the Secretary of the Treasury to study the impact of the waste management tax on domestic manufacturers and report to the appropriate congressional committees by July 1, 1986.
Directs the Administrator of ATSDR to report to the appropriate congressional committees by March 1, 1986, on the nature and extent of lead poisoning in children from environmental sources, including an evaluation of specific sites.
Part V: Coordination With Other Provisions of this Act - Makes title V of this Act the sole taxing and financial administration authority under CERCLA.