Superfund Improvement Act of 1985

(Measure indefinitely postponed in Senate (Text inserted in H.R. 2005))

Superfund Improvement Act of 1985 - Title I - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to specify how such program operates within Indian lands. Exempts remedial actions on Indian lands from the cost-sharing and future maintenance requirements imposed on States and requires the President to assure the availability of off-site disposal capability. Authorizes Indian tribes to recover damages for injury to or loss of natural resources resulting from releases of hazardous substances. Treats Indian tribes substantially like States for certain information, notification, and planning provisions. Includes releases of hazardous substances from Department of Defense munitions production under CERCLA.

Excludes owners and operators of methane recovery equipment at hazardous waste disposal sites unless such owners or operators also own or operate the site.

Excludes response action contractors from liability under CERCLA except as specified.

Includes within removal costs the costs of permanent relocation of residents, business debt installments during the evacuation period, and assistance for lost wages.

Includes within remedial action the off-site transport and treatment and storage of hazardous substances and associated contaminated materials.

Includes household water supplies within the scope of alternative water supplies for replacement purposes.

Treats an ocean incineration vessel as a facility for purposes of CERCLA. Requires additional evidence of financial responsibility for such vessels.

Requires State and local officials, as well as the National Response Center, to be notified of releases of hazardous substances in a quantity to potentially require emergency response. Increases criminal penalties for failure to notify. Authorizes the President to assess civil penalties for such failure and sets forth hearing and review procedures for such assessment.

Increases criminal penalties for recordkeeping violations and for failure to follow required abatement actions.

Requires the President to publish and biennially revise a list of toxic chemical substances known or suspected to have adverse human and environmental health consequences when present in certain amounts or accumulations.

Requires each manufacturer of a listed chemical substance to complete and update a Toxic Chemical Release Inventory Form which describes the nature of, inventory of, emissions of, and disposal method for each such substance at a facility. Requires a State's Governor to designate the recipient of such Form and to make the information available to the public. Requires the President to maintain a computerized National Toxic Chemical Release Inventory.

Establishes criminal penalties for knowingly omitting material information or providing false information on such Inventory. Provides that this Act does not preempt State authority in this area.

Requires an owner or operator of a facility producing, using, or storing hazardous chemicals to file a Material Safety Data Sheet and Emergency Inventory form with the emergency planning committee for that district, the State's Governor, and EPA in the case of the Emergency Inventory form. Directs the Governor to notify covered facilities required to file and update such forms. Makes such forms available to the public through the planning committee. Requires a covered owner or operator to notify the appropriate community emergency coordinator or authority in case of a hazardous substance emergency. Requires such notice to describe the nature and scope of the emergency and the precautions to be taken. Requires a follow-up notice by the owner or operator which describes the actions taken and possible health repercussions.

Directs the President to give primary attention to those releases which may present a public health threat. Prohibits the President from providing removal or remedial actions for releases or threatened releases which are: (1) the product of naturally occurring processes; (2) are in a facility of which such substance forms a structural part; or (3) are due to a water systems expected deterioration. Permits the President to respond despite such prohibition if a public health or environmental emergency exists and no other authority can respond in a timely and competent fashion.

Increases from six months to one year the maximum time limit on hazardous substance removal actions.

Limits credits to States for Superfund-reimbursable cleanup costs to those cleanup costs paid by such States out of non-Federal funds and incurred at sites on the National Priorities List (NPL).

Limits the 50 percent or greater State cleanup obligation for the release of hazardous substances at State- or municipally-owned facilities to those facilities which are also operated by such State or municipality. Provides for reimbursement to States for cleanup costs in excess of ten percent at State- or municipally-owned, but not operated facilities.

Requires the President to consider long-term as well as short-term costs and to stress permanent solutions to waste contamination when selecting cost-effective remedial responses. Establishes a general cleanup standard for remedial actions which at least provides for the protection of human health and the environment. States that on-site cleanup must comply with this standard but permits are not required under the Solid Waste Disposal Act. Requires site specific solutions where needed.

Makes the cleanup of contaminated ground and surface water at NPL sites a remedial action requiring State and Federal participation. Limits such designation and Federal involvement to five years or until the general protection standard is met.

Requires as a condition of receiving Superfund money for remedial actions that a State provide assurances that there will be adequate capacity and access to hazardous waste management facilities in compliance with the Solid Waste Disposal Act for a States's hazardous waste for the next 20 years.

Permits the President to enter into cooperative agreements with States for hazardous waste cleanup on a multi-site basis with reimbursement of costs associated with securing site responses from responsible parties.

Grants appropriate officials access to any individual or place with information relevant to a release or threatened release of a hazardous substance for purposes of determining the appropriate response or enforcement action.

Revises the health-related authorities of the Agency for Toxic Substances and Disease Registry (ATSDR) to require ATSDR to: (1) provide State and local governments with consultations on toxic or hazardous substances health-related issues; (2) perform health assessments at all NPL sites and certain Solid Waste Disposal Act hazardous waste disposal facilities; (3) provide health assessments for certain individuals upon request; (4) establish a priority system for assessing CERCLA and Solid Waste Disposal Act sites based upon the degree of risk to human health; (5) receive, and if necessary act upon, State and local health assessments as well as its own; (6) report results and recommendations on assessments to the applicable State and the Administrator of Environmental Protection Agency EPA; (7) recover assessment costs from the site owner or operator; (8) conduct pilot epidemiological studies; (9) establish a registry of exposed persons if necessary; and (10) study and report to the Congress on the cost-effectiveness of medical surveillance programs.

Directs the President to reduce exposures which an assessment or study finds present significant risks to human health and to mitigate such risks by providing alternative water supplies and individual relocations among other steps. Prohibits health-related activities from impeding cleanup activities.

Directs the Administrators of ATSDR and EPA to prepare and update a list of hazardous substances which present the most significant potential threat to human health because of their pervasiveness or toxicity. Requires the Administrator of ATSDR to initiate research programs for substances of which not much is known and to coordinate them with toxicological testing techniques. Requires such research to be coordinated with other research efforts of EPA.

Expresses the sense of the Congress that the costs of such research should be borne by the manufacturers of the substance in question or, where this is not practical, by the parties responsible for the release of such substance.

Directs the Administrator to prepare and update toxicological profiles on each listed substance. Subjects all such research findings to peer review before dissemination.

Authorizes the Administrator to establish and report to the Congress on a toxic substance diagnostic education program for health professionals.

Earmarks funding from Superfund for the expenses of ATSDR.

Directs the Administrator of ATSDR to report to the appropriate congressional committees on the nature and extent of lead poisoning in children from environmental sources.

Requires the Secretary of Labor, under the Occupational Safety and Health Act, to promulgate health and safety standards for employees engaged in hazardous waste operations.

Authorizes the President to expedite remedial actions through agreements with potentially responsible parties who are notified of each other's identity, a preliminary allocation of responsibility, and other pertinent information. Requires nonuse of this procedure to be explained to potentially responsible parties. Imposes a moratorium on nonemergency remedial actions during the period potentially responsible parties are formulating a cleanup offer. Subjects the President's rejection of a good faith offer to judicial review. Limits the liability of parties to such an agreement to the terms of the agreement for the release in question.

Amends CERCLA to require an opportunity for public comment before a particular remedial action is chosen for any site or any settlement agreement is made.

Directs the Administrator of EPA to place a high priority on purchasing the remaining properties in the Love Canal emergency remaining properties in the Love Canal emergency declaration area, Niagara Falls, New York.

Confirms presidential discretion to decide when the responsible parties are authorized to conduct cleanup of a hazardous substance in lieu in Superfund-financed response.

Directs the President to revise the National Hazardous Substance Response Plan part of the National Contingency Plan (NCP) to provide procedures and standards for remedial actions pursuant to this Act. Requires the President to amend the hazard ranking system to accurately reflect the relative degree of risk to human health and the environment posed by sites and facilities subject to review. Requires such system to be applied to sites and facilities newly listed on the NPL. Prohibits the addition of facilities to the NPL pending such revision, except as specified.

Directs the President to publish and update biennially a list of extremely hazardous substances and the quantities of such substances which, if released, would pose an imminent and substantial endangerment to the public health or environment. Requires affected owners or operators to notify the Governor of their coverage under these provisions.

Requires State Governors to designate emergency planning districts and committees for each district to prepare within two years and implement when necessary emergency response plans for hazardous substance release emergencies. Requires covered owners and operators to participate and cooperate in such planning.

Deletes the requirement that the NCP include at least 400 high priority facilities as response targets. Permits States to make only one highest priority designation on the National Priorities List (NPL) under the NCP.

Permits the President to settle with potentially liable parties when the amount or toxicity of the substances contributed by such parties is minimal.

Permits the President to use Superfund monies to cleanup after unavailable parties.

Permits the President to enter into a covenant not to sue concerning future liability if it would be expeditious to the response action and the party in question is in compliance with an order or consent decree with an approved response plan. Sets forth other conditions and considerations.

Subjects foreign vessels releasing hazardous substances in areas under U.S. jurisdiction to CERCLA.

Renders State or local governments not liable for damages from non-negligent actions taken in response to emergencies created by the release of a hazardous substance, pollutant, or contaminant from a site or facility owned by another person.

Restates the responsibility of Federal and State natural resources trustees to assess damages to resources under their jurisdiction. Permits Federal trustees to perform a State's assessment on a reimbursable basis. Eliminates the use of Superfund to pay trustees for damage to natural resources but maintains such trustees' ability to recover from responsible parties.

Excludes from liability for contribution for a particular release any person who has settled with the Federal or State Government concerning such release. Subordinates such persons' claims to those of the Federal or State Government in any action against any person not a party to the settlement.

States that response costs and damages owed the United States constitute a lien against the affected real property.

Permits direct claims against the financial guarantor of a party liable for the release of a hazardous substance only if the owner or operator is in bankruptcy, insolvency, or out of the jurisdiction of the Federal courts. Entitles the guarantor to use all defenses that such guarantor would have available if an action has been brought by the owner or operator against such guarantor. Limits the liability of guarantors acting in good faith. Authorizes the President to specify conditions for establishing evidence of financial responsibility.

Authorizes the use of Superfund monies for a pilot program to remove lead-contaminated soil in one to three metropolitan areas.

Authorizes technical assistance grants to communities potentially affected by a release at an NPL site.

Permits the use of Superfund to pay for alternative water supplies in cases involving federally-owned facilities where groundwater contamination exists beyond the Federal boundary and such facility is not the only potentially responsible party.

Creates a State matching grant program for State cleanup programs.

Establishes a six-year statute of limitations for filing cost recovery actions. Establishes a three-year statute of limitations for damage, contribution, and subrogated rights actions.

Permits the review of CERCLA regulations in any U.S. Court of Appeals. Provides a procedure to determine the forum when more than one appeal has been made.

States that there is no preenforcement judicial review of selected response actions. Limits review of the adequacy of a federally-selected response action to the administrative record. Sets forth petition procedures for reimbursement of responsible parties after completion of the required action.

Permits the United States to serve process on a defendant under CERCLA in any district where such defendant may be found. Grants priority to permit litigation involving facilities providing capacity of 25 percent or more, for treatment, storage, or disposal of Superfund wastes.

Requires that the Attorney General and Administrator be given notice of any action under CERCLA in a U.S. court.

Deletes provisions to clarify that States are not preempted from imposing taxes already covered by CERCLA.

Requires the concurrence of the Administrator in the selection of a remedial action at a Federal facility.

Directs the Administrator to establish a public Federal Agency Hazardous Waste Compliance Docket (Compliance Docket) to record each listed facility and subsequent actions taken.

Requires preliminary assessment of each facility for possible evaluation under the NCP and inclusion on the NPL.

Requires Federal agencies or departments responsible for facilities placed on the NPL to commence a remedial investigation and feasibility study (RIFS) for such facility and enter into an interagency agreement with the Administrator to conduct remedial action. Requires continuous, substantial on-site response within 12 months of the agreement. Requires that such agreements: (1) review alternative remedial actions with the Administrator selecting the construction design; (2) schedule completion of remedial actions; and (3) arrange for long-term operation and maintenance of the facility.

Requires completion of remedial actions as soon as practicable, with status reports and explanations to be included in the agency's or department's annual report to the Congress on its progress in reaching and implementing interagency agreements. Requires such annual report to also include cost information, public comments, and a State-by-State breakdown of facilities subject to these provisions and the degree of hazard presented by each.

Requires State and local participation in selecting remedial actions for Federal facilities within their jurisdiction.

Provides that the Administrator shall retain enforcement and administrative authority.

Includes Federal facilities within CERCLA guidelines for preliminary assessments, NCP evaluations, and inclusion on the NPL.

Authorizes Federal agencies to settle certain de minimis claims without prior approval by the Attorney General.

Permits citizen action lawsuits against any party, including the Federal Government, for violations of CERCLA. Requires potential plaintiffs to give 90 days notice to the appropriate Federal and State officials as well as the alleged violator before commencing an action. Prohibits such an action if the President or the State has commenced and is prosecuting court action already or a settlement has been reached. Permits intervention as a matter of right.

Authorizes the Secretary of Health and Human Services and the Administrator to support research and training in detecting and assessing the health risks presented by hazardous substances. Authorizes the Secretary and Administrator to appoint an advisory council. Requires them to report to the Congress within one year on the implementation of such program. Authorizes appropriations for FY 1986 through 1990.

Directs the President to indemnify response action contractors for nonnegligent activities. Includes indemnification costs within response costs for liability purposes.

Requires the President to carry out an alternative or innovative treatment technology program to achieve more permanent public and environmental protection. Includes within such program a technology transfer program and a central reference library. Authorizes the contracting-out of such program. Permits the President to provide sites on the NPL for research and demonstration purposes. Requires the President to designate at least ten sites within two years for field demonstration purposes, or explain to specified congressional committees why it was not possible to do so. Sets forth selection and protection criteria for such sites.

Requires the President to report annually to specified congressional committees on the progress of such program, evaluating the demonstrated technologies. Requires congressional notice of projects with a Federal contribution in excess of $5,000,000. Authorizes appropriations for FY 1986 through 1990. Directs the President to report to the Congress within four years on the effects of liability and financial responsibility requirements on the costs of and incentives for developing such technologies.

Deems consistent with CERCLA, and directs the Administrator to consider using, recommendation 84-4 of the Administrative Conference of the United States relating to facilitating negotiated private party cleanup of hazardous substances.

Permits the use of other than competitive procurement to acquire the services of experts for court enforcement actions under CERCLA.

Expresses the sense of the Congress that the President may use innovative or alternative methods in selecting response actions for radon at NPL sites.

Requires the Director of the Office of Management and Budget to complete and publish recommended maximum contaminant levels of organic and inorganic chemicals.

Requires the Administrator of ATSDR to develop and construct with Superfund monies regional centers for the study of the biological and genetic effects of wastes and materials found in the environment.

Directs the Administrator of EPA to review emergency systems for monitoring and preventing releases of extremely hazardous substances at production, use, or storage facilities. Requires a report to the Congress within one year.

Directs the Administrator to study and report to the Congress by March 1, 1988, on options for financing the post-closure maintenance of hazardous waste sites.

Requires the Secretary of Defense to carry out an environmental restoration program at defense facilities. Establishes an environmental restoration appropriation account for such program. Authorizes the Secretary to carry out otherwise unauthorized military construction projects if necessary to carry out a response action. Requires congressional notice before any such construction project is undertaken.

Requires the Administrator and the Attorney General to report to the Congress annually on the criteria and procedures used to determine: (1) the selection of potentially responsible parties; (2) the development of information which encourages settlement; and (3) when Superfund resources should be used in settlement situations.

Requires the Department of Transportation to promulgate regulations requiring shippers to notify transporters whenever hazardous substances are offered for transportation.

Title II: Amendments to the Internal Revenue Code of 1954 - Superfund Revenue Act of 1985 - Amends the Internal Revenue Code to extend the environmental tax on petroleum and certain chemical feedstocks for five years, through FY 1990. Terminates such tax at the end of FY 1989 or 1990 if the unobligated balance exceeds $2,225,000,000 or $3,000,000,000, respectively. Terminates the tax if more than $7,500,000,000 will be credited to Superfund before the end of FY 1990. Creates an exemption for: (1) exports of taxable chemicals; (2) certain recycled chemicals such as chromium, cobalt, nickel, and (3) animal feed substances. Creates a special rule for inventory exchanges.

Imposes a Superfund excise tax on the sale or leasing of tangible personal property in connection with a trade or business or the importing of such property through 1990 or until $7,500,000,000 has been collected and credited to Superfund.

Exempts government entities, tax-exempt organizations, certain small transactions, and certain products, such as foods and unprocessed agricultural products from such tax. Sets forth the formula for determining the taxable amount. Sets forth rules on credits and their carryforward.

Sets forth administrative provisions identifying return requirements, taxable periods, depository requirements, penalties and special rules for certain manufacturers and taxpayers under common control.

Establishes in the Treasury the Hazardous Substance Superfund. States that such fund replaces the Hazardous Substance Response Trust Fund.

Repeals the Post-Closure Tax and Trust Fund of the Hazardous Substance Response Revenue Act of 1980, transferring unobligated funds to Superfund for later refund.

States that interest from industrial development bonds for hazardous waste treatment facilities shall be tax-exempt.

Directs the Comptroller General to study and report to the appropriate congressional committees by the start of 1988 on methods of funding Superfund.

Reduces the distributable amount of a private foundation by the amount incurred in remedial or removal costs respecting a hazardous substance released at a foundation-owned or operated facility, except as specified.

Expresses the sense of the Senate that Superfund should not be financed with a Value Added Tax.

Title III: Lead Free Drinking Water - Lead Free Drinking Water Act - Amends the Safe Drinking Water Act to prohibit the use of lead pipes or solder in the installation or repair of any distribution system for drinking water. Prohibits the Secretary of Housing and Urban Development and the Administrator of Veterans' Affairs from guaranteeing or insuring of mortgages for newly constructed residences which do not comply with such requirements. Designates solder of a specified lead content as a hazardous substance.

Amends the Federal Hazardous Substances Act to require that lead pipes or solder sold in interstate commerce be labeled as federally-prohibited for use in drinking water supply systems.

Title IV: Pollution Insurance - Pollution Liability Insurance and Risk Retention Act - 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.

Title V: Indoor Air Quality Research - Indoor Air Quality Research Act of 1985 - Directs the Administrator of the Environmental Protection Agency to carry out a research program with respect to indoor air quality. Requires that such program be designed to: (1) gather data and information on all aspects of indoor air quality in order to contribute to the understanding of health problems associated with the existence of air pollutants in the indoor environment; and (2) coordinate Federal, State, local and private research, development, and demonstration efforts relating to the improvement of indoor air quality.

Directs the Administrator to establish a committee of representatives of appropriate Federal agencies and an advisory group of representatives of the scientific community, industry, and public interest organizations to assist in carrying out such indoor air quality research program.

Directs the Administrator to submit to the Congress an indoor air quality research implementation plan within 90 days after enactment of this Act and a final report, after consultation with the National Academy of Sciences, within two years of such enactment. Requires such report to assess the risks to human health associated with indoor pollution, including the known or potential effects of randon and other naturally occurring chemical elements.

Authorizes appropriations for FY 1986 and 1987.