Superfund Extension and Improvement Act of 1985

Superfund Extension and 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 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 offsite 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.

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

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

Requires each manufacturer of hazardous substances to complete and update a Hazardous Substance Inventory form which describes the nature, inventory, emissions, and disposal method for each such substance at a facility. Requires the facility owner or operator to attach to such form a copy of the Material Safety Data Sheet required under the Occupational Safety and Health Act and distribute such forms to the President and the appropriate State and local health, fire, and law enforcement officials. Directs the President to establish a toll-free telephone number for inquiries concerning the Hazardous Substances Inventory. Establishes criminal penalties for knowingly omitting material information or providing false information on such Inventory. Provides that State authority in this area is not preempted.

Requires the National Toxicology Program to conduct biennial assessments of new and existing chemicals for placement on a supplemental list. Directs the President to select those chemicals requiring a Hazardous Substance Inventory, requiring explanations of noninclusions.

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 the product of naturally occurring processes or are in a facility of which such substance forms a structural part. 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.

Requires site specific solutions where needed. States that onsite cleanup must comply with this standard but permits are not required under the Solid Waste Disposal Act, the Clean Water Act, or the Rivers and Harbors Act of 1899.

Makes the cleanup of contaminated ground and surface water at National Priority List sites 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 State'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 the appropriate Federal officials access to information relevant to a release or threatened release of a hazardous substance for purposes of determining the appropriate response or enforcement action. Establishes civil penalties for violations of access requirements.

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 the 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 Administrator of ATSDR 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 to initiate research programs for substances of which little 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 and processors 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.

Amends the Solid Waste Disposal Act to require owners and operators of landfills and surface impoundments to submit to EPA or a State with an authorized program an assessment of the potential for public exposure to hazardous substances released from their units. Makes such information available to ATSDR, which may then conduct its own assessment of a particular site if necessary.

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 high priority on purchasing the remaining properties in the Love Canal emergency declaration area, Niagara Falls, New York. Reaffirms presidential discretion to decide when the responsible parties are authorized to conduct cleanup of a hazardous substance in lieu of Superfund-financed response.

Directs the President to revise the National Hazardous Substance Plan Part of the National Contingency Plan 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.

Deletes the requirement that the National Contingency Plan (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.

Subjects foreign vessels releasing hazardous substances in areas subject to 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 facilities owned by another person.

Authorizes the Administrator to indemnify contractors engaged to respond to the release of a hazardous substances.

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 damages to natural resources but maintains such trustees' ability to recover from responsible parties.

Limits the bringing of claims for contribution or indemnification in imminent hazard and cost recovery actions once enforcement is underway until after a judgment or settlement is reached. Excludes from liability for contribution for a particular release any person who has settled with the Federal or State Government concerning such release. Subordinates all others' claims to those of the Federal Government.

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 certain vessels carrying hazardous substances 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.

Directs the Administrator to select five States to establish and operate for three to five years a victim assistance demonstration program for individuals injured through exposure to hazardous substances. Sets forth application and program criteria and conditions for such grants. Requires such programs to include group insurance benefits for medical treatment and disability.

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.

Extends the statute of limitations for filing claims against Superfund or responsible parties for damages to natural resources until the later of three years after discovery or the promulgation of damages assessment regulations.

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 regulation 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 pre-enforcement 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.

Deletes the provision preempting States from imposing taxes already covered by CERCLA.

Directs the Administrator to establish a 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 onsite 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 explanation to be included in the agency's or department's annual report to the Congress on its progress on reaching and implementing interagency agreements. Requires such annual report to also include cost information and public comments.

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.

Permits citizen action lawsuits against any party, including the Federal Government, involved with a hazardous substance in such a way as may present an imminent and substantial danger to health or the environment or against the President for failure to perform a required duty. 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 action if the President or the State has commenced and is prosecuting a court action already or a settlement has been reached. Permits intervention as a matter of right. Prohibits citizen actions for the siting or issuance of permit to a hazardous waste disposal facility. Authorizes the Federal district court to award costs to any substantially prevailing party.

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.

Establishes as a goal the commencement by the Administrator of remedial investigations and feasibility studies for all facilities on the NPL at the rate of at least 130 per year. Establishes the goal of not fewer than 1,600 facilities on the NPL by the start of 1988. Establishes the goal of commencement of remedial investigations and feasibility studies for facilities listed on the NPL after this Act's enactment according to a specified schedule starting two years after enactment. Establishes as a goal the commencement of substantial and continuous onsite remedial action at NPL facilities at a rate of at least 130 per year by FY 1987.

Directs the Administrator, by the start of 1987, to complete preliminary assessments of all facilities on the Emergency and Remedial Response Information System (ERRIS) list.

Establishes the goal of completing remedial actions on the NPL as of the date of enactment within five years, requiring a published explanation of any noncompletions. Reauthorizes Superfund for an additional five years, through FY 1990.

Title II: Amends the Internal Revenue Code to terminate the tax on petroleum and certain chemicals after FY 1990 or when Superfund tax revenues reach $7,280,000,000.

Imposes an environmental excise tax on the disposal or long-term storage of hazardous waste.

Sets such tax at: (1) $45 for each ton of hazardous waste disposed of by landfill, in waste piles, or by surface impoundment; (2) $25 for each ton of hazardous waste which is disposed of by ocean dumping or land treatment; (3) $5 for each ton of hazardous waste which is disposed of by underground injection; and (4) $45 for each ton of hazardous waste which is placed in long-term storage.

Allows the owner or operator of a qualified hazardous waste disposal or long-term storage facility to elect to pay a tax of $50 per ton in lieu of such schedule.

Excludes from such tax wastes which are: (1) exempt from regulation as hazardous waste or not listed under specified provisions of the Solid Waste Disposal Act; (2) treated waste waters in a surface impoundment which is in compliance with water monitoring requirements for facilities with permits under the Solid Waste Disposal Act; and (3) being disposed of or stored by any person in the course of carrying out any removal or remedial action under CERCLA in accordance with an approved plan, removed from any facility listed on the National Priorities List, or removed from a facility for which notification has been provided to the Administrator of the Environmental Protection Agency pursuant to specified provisions of CERCLA.

Imposes such tax on: (1) the owner or operator of the qualified hazardous waste disposal or storage facility; or (2) the person disposing of the hazardous waste, against regulations, at other than a qualified disposal or storage facility.

Requires that a credit be allowed for any tax previously paid under this Act by the disposer or the deliverer to a qualified facility on the long-term storage of such hazardous waste.

Presumes last in, first out for tax credit purposes for fungible waste placed in qualified storage.

Imposes the excise tax prospectively only. Terminates such tax after FY 1990.

Sets forth requirements for recordkeeping, statements, and tax returns for persons disposing of or storing hazardous waste for one year or more, consistent with requirements for reports to be submitted to the Administrator under the Solid Waste Disposal Act. Authorizes the Secretary of the Treasury to receive copies of reports such persons are required to make under the Solid Waste Disposal Act, the Marine Protection, Research, and Sanctuaries Act of 1972, or the Safe Drinking Water Act.

Directs the Secretary to report annually to the Congress through January 1989 on the amount of revenues collected and the effectiveness of this Act in raising revenue and discouraging the environmentally unsound disposal of waste.

Includes these revenues in the Hazardous Substance Response Trust Fund (Superfund).

Imposes an environmental net receipts tax on corporations with annual gross receipts in excess of $50,000,000 for inclusion in Superfund. Terminates such tax after 1990.