Comprehensive Environmental Response, Compensation, and Liability Act Amendments of 1984

Comprehensive Environmental Response, Compensation, and Liability Act Amendments of 1984 - Title I: Funding - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) to replace provisions for environmental taxes on petroleum, certain chemicals, and hazardous waste disposal with provisions for fees on petroleum, certain chemicals, and hazardous waste disposal and provisions for the collection, enforcement, and deposit of such fees in the Hazardous Substance Response Trust Fund.

Imposes a fee of four cents a barrel on: (1) crude oil received at a U.S. refinery (to be paid by the operator of the U.S. refinery); and (2) petroleum products entering the United States for consumption, use, or warehousing (to be paid by the person entering the product for such purposes). Imposes such fee (to be paid by the user or exporter) on any domestic crude oil if: (1) it is used in or exported from the United States; and (2) such fee was not imposed before such use or exemption. Provides that such fee shall not apply to any use of domestic crude oil for extracting oil or natural gas on the premises where such crude oil was produced. Sets forth definitions and special rules. Provides that only one fee may be imposed under this part with respect to any petroleum product. Makes such fee effective on October 1, 1985. Provides that such fee shall not apply after September 30, 1990.

Imposes a fee on any assessed chemicals sold (or used) by the manufacturer, producer, or importer thereof. Sets forth a table of assessed chemicals, with a specified fee per ton for each. Sets forth definitions, exceptions, and other special rules. Provides for a refund or credit for certain uses. Makes such fee effective on October 1, 1985. Provides that such fee shall not apply after September 30, 1990.

Imposes a fee on the disposal of hazardous waste which is listed or identified under specified provisions of the Solid Waste Disposal Act. Provides that such fee shall apply only to hazardous waste disposal which is required to be carried out in compliance with hazardous waste management provisions of such Act, and shall not apply to the treatment of any hazardous waste, including thermal treatment by incineration at a facility for which a permit is in effect under hazardous waste management provisions of such Act.

Sets the amount of such fee at: (1) $20 per ton of assessable hazardous waste which is disposed of by means other than underground injection; and (2) $10 per ton of assessable hazardous waste which is disposed of by means of underground injection.

Requires the owner or operator of the facility to pay such fee with respect to the disposal of any hazardous waste at a facility for which a permit is in effect under the hazardous waste management provisions of the Solid Waste Disposal Act. Requires the person disposing of the hazardous waste to pay such fee with respect to any other disposal of hazardous waste.

Sets forth special rules relating to such fee on disposal of hazardous waste. Provides that no such fee shall be imposed on the disposal of any solid waste which is required to be studied under specified provisions of the Solid Waste Disposal Act unless, after receipt of the required studies, the Congress enacts legislation respecting the application of such fee to such solid waste. Makes the fee on disposal of hazardous waste effective on October 1, 1985. Provides that such fee shall not apply after September 30, 1990.

Directs the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for the collection of fees under this title, including reporting and information-gathering regulations. Authorizes the Administrator to use authorities relating to inspection of records and access under hazardous waste management provisions of the Solid Waste Disposal Act and specified provisions of this Act for purposes of carrying out this title. Sets forth criminal and civil penalties for specified violations of this title.

Requires that revenues from fees established under this title be deposited in the Hazardous Substance Response Trust Fund.

Authorizes appropriations to the Fund for FY 1986 through 1990.

Title II: Amendments Relating to Response Authorities under CERCLA - Amends CERCLA to revise provisions relating to response authorities.

Revises provisions relating to the State share of certain costs. Prohibits the Administrator from providing specified remedial actions unless the State in which the release first occurs enters into a contract or cooperative agreement with the Administrator providing specified assurances deemed adequate by the Administrator. Limits the State share to: (1) ten percent of the future operation and maintenance costs of any onsite remedial actions provided for the expected life of such actions, as determined by the Administrator, and ten percent of costs of the remedial action; or (2) 50 percent of any sums expended in response to a release or threatened release at a facility (not including navigable waters or the beds underlying those waters) that was owned and operated by the State or local government at the time of any disposal of hazardous substances therein, including all future operation and maintenance costs of any onsite remedial action. Directs the President to reimburse from the Fund any State which has paid, at any time after the enactment of CERCLA, in excess of ten percent of the costs of remedial action at a facility owned but not operated by the State or local government.

Repeals specified provisions relating to CERCLA preemption of State law (thus allows States to require taxes or other contributions to State funds similar to Superfund.

Authorizes States to bring abatement actions under CERCLA in Federal district courts and to take other necessary abatement actions, including issuing orders to protect public health and welfare and the environment. Raises the amount of the fine for willful violations of, or failures or refusals to comply with, such abatement orders of the President (or of a State).

Sets forth provisions for citizen petitions for evaluation of facilities included in the emergency and remedial response information system (ERRIS). Allows any person, in the case of any release or threatened release at an ERRIS facility, to petition the Administrator to evaluate such facility in accordance with the hazard ranking system under the national contingency plan in order to determine the national priority of such release or threatened release. Directs the Administrator, upon receipt of any such petition, to promptly commence such evaluation or provide a written explanation as to why such evaluation is not warranted.

Authorizes the Administrator to make grants available to any group of individuals which may be affected by a release or threatened release at any facility which is listed under the national priorities list under the national contingency plan for the purpose of enabling such group to obtain technical assistance to review and assess data and information prepared by the Administrator in connection with: (1) the evaluation of such facility under the hazard ranking system; or (2) any proposed plan for remedial action at such facility. Allows only one such grant with respect to any single facility. Limits the amount of any such grant to $40,000. Requires each grant recipient to contribute at least one-eighth of the total costs of the review and assessment.

Sets forth standards for cleanup actions under CERCLA response authorities. Provides that the remedial action selected shall require that the level or standard of control of each hazardous substance, pollutant, or contaminant be consistent with such standards under other relevant provisions of law. Directs the Administrator to make any revisions in the national contingency plan necessary to carry out such purpose. Permits waivers of such standards if: (1) an alternative remedial action will provide protection of human health and the environment substantially equivalent to the remedial action which would be necessary to comply with such standards; or (2) compliance with such standards at the site or facility in question will consume such a disproportionate share of the Fund resources as to have the effect of deferring or preventing remedial action at other sites or facilities which pose a significantly greater threat to human health and the environment.

Provides that no permit shall be required under Federal, State, or local law for any removal or remedial action undertaken by any person pursuant to CERCLA at the location of the release or threatened release.

Authorizes the Administrator to establish the exclusive administrative procedures for making any determination under provisions for standards for CERCLA cleanups.

Includes (by removing an exclusion) under the definition of "hazardous substance" for purposes of CERCLA response and liability provisions: petroleum (including crude oil) and natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).

Includes (by removing an exclusion) under the definition of "pollutant or contaminant" for purposes of CERCLA response authorities: petroleum (including crude oil) and natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas).

Sets forth a regulatory program with standards for underground storage tanks.

Directs the Administrator, within 12 months after the enactment of this Act, to promulgate regulations establishing performance standards, applicable to owners and operators of underground storage tanks used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons, in order to prevent releases into the environment for the operational life of the tank. Provides that such regulations shall apply only to underground storage tanks located on property used primarily for commercial or governmental purposes. Directs the Administrator to distinguish in such standards between requirements for new tanks and those for tanks already in existence. Sets forth requirements which must be included in such standards.

Authorizes the Administrator to implement such standards through: (1) promulgation of regulations made effective in accordance with specified hazardous waste management provisions of the Solid Waste Disposal Act; or (2) establishment of a permit program if necessary. Provides that such permits may be required for any person or category of persons who stores any hazardous substance, including gasoline or any other liquid hydrocarbon, in an underground storage tank located on property primarily used for commercial or governmental purposes.

Provides that specified provisions of the Solid Waste Disposal Act shall apply to the program and requirements established under this Act in the same manner as such provisions apply to the hazardous waste regulation program under such Act.

Provides that the failure or refusal of an owner or operator of any underground storage tank to provide to a supplier of any hazardous substance, including gasoline or any other liquid hydrocarbon, appropriate evidence of compliance with standards established under this Act shall constitute a defense to any enforcement action brought under any other authority of law to require such supplier to deliver any such substance to such tank.

Sets forth criminal penalties for persons who knowingly commit material violations or omissions with respect to requirements established by the Administration under the regulatory program established by this Act, if such violation or omission results in a release or threatened release of any hazardous substance (including gasoline or other liquid hydrocarbon) from an underground storage tank.

Authorizes appropriations for FY 1985 through 1987 to carry out this regulatory program. Provides that up to 50 percent of such appropriations in any such fiscal year may be used to make grants to States for development and implementation of State programs to carry out this regulatory program.

Directs the Administrator, within one year after the enactment of this Act, to conduct a study regarding underground storage tanks which are located on residential property and used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of such study, with recommendations on whether such tanks on residential property should be subject to requirements under this regulatory program.

Makes CERCLA national contingency plan provisions applicable to federally owned or operated facilities. Directs the Administrator, within one year after the enactment of this Act, to: (1) apply specified criteria (for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action) to each facility owned or operated by a Federal agency at which there is a release or threatened release of any hazardous substance or pollutant or contaminant; and (2) revise the national priority list (based on such criteria) to include such Federal facilities in the same manner and to the same extent as non-Federal facilities.

Provides for remedial investigations and feasibility studies at Federal facilities. Directs each Federal agency with administrative jurisdiction over any facility included on the national priority list under the national contingency plan to conduct, in accordance with such plan, a remedial investigation and feasibility study with respect to such facility. Requires that such investigations and studies be completed by December 31, 1986. Directs the Administrator to approve such investigations and studies which are consistent with the national contingency plan. Directs the Federal agency involved to commence remedial actions at such facility within 120 days after such approval by the Administrator.

Includes references to "pollutants" or "contaminants," in addition to "hazardous substances," under CERCLA liability provisions.

Revises the statute of limitations under CERCLA claims procedure provisions to allow presentation of claims and commencement of specified cost recovery actions until six years after the date of completion of the response action.

Limits court review of abatement orders under CERCLA to actions to: (1) enforce such orders; (2) recover penalties for violations of such orders; or (3) recover punitive damages in connection with such order.

Provides that, in any action under CERCLA liability provisions, the results of any EPA laboratory tests to determine what substances are present at the site of the release or threatened release may be introduced into evidence and shall be presumed to be accurate. Provides that such presumption shall be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis.

Includes interest on the costs and damages referred to in CERCLA liability provisions among the amounts recoverable in actions under such provisions.

Provides for access authorities under CERCLA response authorities. Establishes civil penalties for noncompliance with EPA or State requests for such access.

Sets forth requirements for the use of settlement funds obtained under CERCLA. Requires that any costs or damages recovered by the Administrator in any settlement of an action brought under liability provisions with respect to a release at a facility shall be retained by the Administrator and used only for removal or remedial action (or both) at such facility, except to the extent that the amount of settlement exceeds EPA expenses (after receipt of the settlement) for removal and remedial action at such facility.

Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR), on or before September 30, 1991, to also carry out health effects studies at a total of 75 top priority sites on the national priority list under the national contingency plan. Provides that such sites shall be the 75 which the ATSDR determines to present the most significant risk to human health. Authorizes for the period FY 1986 through 1990 the use of not more than $20,000,000 of the amounts available for payments to the Secretary of Health and Human Services for costs incurred in carrying out ATSDR responsibilities under CERCLA. Provides that such sums shall remain available until expended.

Authorizes for the period FY 1986 through 1990 the use of not more than $50,000,000 of the amounts available in the Fund for grants to States to implement State response actions which are consistent with the national contingency plan in the case of States which have demonstrated the ability and willingness to carry out a high level of such response actions and which are authorized to carry out State programs under hazardous waste management provisions of the Solid Waste Disposal Act.

Authorizes for the period FY 1986 through 1990 the use of not more than $25,000,000 of the amounts available in the Fund for grants for research and development activities regarding innovative technologies which may be used in removal and remedial actions under CERCLA.

Deletes a condition that a guarantor must be "acting in good faith" in order for certain limitations of liability to apply.

Repeals specified provisions for transfer of liability to the Postclosure Liability Fund.

Directs the Administrator, within six months after enactment of this Act, and after consultation with the States, to submit a report to the Congress with a schedule for the cleanup of sites which are listed on the national priority list under the national contingency plan.

Repeals provisions authorizing the use of the Fund to pay the costs of Federal or State efforts in the restoration, rehabilitation, or replacement or acquiring the equivalent of any natural resources injured, destroyed, or lost as a result of a release of a hazardous substance.

Repeals provisions authorizing the President or a State to assert claims against the Fund for injury to, or destruction or loss of, natural resources resulting from a release or threatened release of a hazardous substance from a vessel or a facility.